Free elections

The coming elections offer a unique opportunity for the people of Southern Sudan to choose their own leaders and to influence the shaping of their own lives and futures. However, for most Southern Sudanese, this will be their first time to actively take part in a democratic election.

Therefore, MS Sudan has developed this introduction to the main principles of free elections. It explains the key processes which the citizens of Southern Sudan must respect and demand in order to ensure free and fair elections.

The general foundation and principles for the elections are laid out in the Comprehensive Peace Agreement, the Interim Constitution of Southern Sudan and the National Elections Act 2008. References to the relevant documents are provided after each section.

Who can vote?

All Sudanese women and men of 18 years or above have the right to vote – provided that they are enjoying all their civil and political rights and are of sound mind.

To access your right to vote, you must register in person at the geographical constituency in which you are registered as a resident. It is the right and the responsibility of all Southern Sudanese citizens above 18 years to register.

To register, you must be in the possession of a personal identification document or certificate from the administrative authority in your area.

It is only possible to register in one geographical constituency and this is also where your vote must be cast.

For more information see National Elections Act, chapter 3, section 2.

Who can be elected?

Any literate Sudanese woman or man of 21 years or above can be nominated and elected to the legislative assemblies – provided that she or he is of sound mind and has not been convicted of an offence involving dishonest or immoral behaviour in the seven years prior to nomination.

A candidate for the legislative assemblies does not have to be a member of a political party. What you need is a certain number of people recommending you by seconding the nomination.

The requirements are:
• State Legislative Assembly: seconded by 25
• Southern Sudan Legislative Assembly: seconded by 50
• National Legislative Assembly: seconded by 100

For more information see National Elections Act, chapter 7, section 2.

Campaigning

Ahead of the elections, the candidates will try to convince you to vote for them by presenting their ideas, opinions and specific proposals. The campaign can include distribution of materials presenting the candidate’s or party’s programme as well as public rallies, community meetings and participation in debates.

Every candidate has the right to freedom of expression and presentation of her or his ideas and opinions. This includes equal access to public media. However, it is important to differentiate between the media’s reports about the campaigns and the candidates’ own advertisements in the media.

Likewise, it is the duty of any public officer and authority to not discriminate between candidates or between political parties.

For more information see National Elections Act, chapter 8, section 1 and chapter 10, section 3.

What to ask the candidates?

During the campaign, one way to decide whom to vote for is to attend meetings with the candidates.

When listening to what the candidates have to say, you should ask yourself:

• Do I agree with the candidate?
• Do I believe the candidate’s proposals are realistic?
• Does the candidate address my concerns?

When discussing the different candidates with your family and community members, it is important to listen to each other’s arguments and respect that every individual has the right to decide for her- or himself whom to vote for.

Corruption and threats

It is against the law for a candidate to offer you money or gifts in return for your vote. No matter how much salt, sugar, soap or any other gifts you may receive, you can still decide for yourself whom to vote for.

Any threats from anybody to make you vote for a specific candidate are also illegal.

You have the right to decide which candidate you want to vote for and voting must be secret. You do not have to tell anybody whom you vote for. In a democracy, it is always good to listen to arguments from others but your chief, husband, father or anybody else is not allowed to decide on your behalf.

For more information see National Elections Act, chapter 8, sections 1 and 2.

The election day

The voting will take place at polling centres. You can only vote at the polling centre you have been assigned to. All voters present at the polling centre before the official closing time must be allowed to vote.

At the polling centre, you have to fill in your ballot card in secret, protected by a polling booth. No one is allowed to be with you inside the booth or in any other way see whom you vote for.

The ballot cards are put in a sealed ballot box. The ballot box must be verified as empty before the polling starts and it must not be opened before the polling is officially closed.

Fore more information see National Elections Act, chapter 8, section 2.

Local government elections

The local government elections will be different from the national elections in two crucial ways:
• The national elections will take place in constituencies created specially for the elections. In the local elections, however, the elections will take place in the existing bomas, payams and counties.

• In the national elections and the elections for the boma councils, the voters elect their representatives directly. The elections for the payam and county councils, on the other hand, are indirect. The boma council members will elect representatives among themselves to the payam council and likewise, the payam council members will elect representatives among themselves to the county council.

For more information see the Local Government Act for Central Equatoria State which specifies the role and responsibilities of the local councils. National and state legislation set limits for what the local councils can decide on.

The election result

Immediately after the polling centres have closed, the votes will be sorted and counted. This process must not be postponed overnight or in other ways delayed or interrupted.

The candidates, their agents as well as the mass media and observers have the right to witness the full sorting and counting process from beginning to end. No counting must take place in secret.

When all the votes are counted, the chief of the polling committees will declare the results. This must happen before anyone else has been informed about the result.

For more information see National Elections Act, chapter 8, section 3.

What is the role of your representatives?

No matter whom you voted for on Election Day, the elected candidates represent you. They are not elected to pursue their own interests but to represent the views and interests of you and your fellow voters.

When developing laws, plans, budgets, etc., your representatives must bring your views to the table. And after that, they must bring back information to you about the debated issues, the arguments presented and the decisions made.

This does not mean that all your wishes can be fulfilled. The representatives must find solutions that will ensure fair and equal opportunities for all. Therefore, compromises have to be found.

Your representatives are accountable to you

You have the right to ask questions and to demand explanations from you representatives

You cannot expect changes to happen immediately but you should question the work of your representatives. Are they keeping the promises they made before the elections? And are they doing anything else that can benefit you?

Your representatives may work hard without being able to find a majority for their proposals but it is important that they keep raising the issues of concern and try to convince the other council or assembly members to support their (your!) cause.

How to use your representatives?

For the elected candidates to represent you and your community well, it is important that they are well informed about your problems and your concerns. Representatives should therefore visit their constituencies regularly and you should present facts and possible solutions for them. This will help them prepare for discussions in the council or assembly.

You should also ask the council or assembly members to explain to you what is currently being discussed and how it will affect you.

If you have an issue which cannot be solved in the boma or payam council, you should bring it to the attention of your representatives at county, state, Government of Southern Sudan or national level.

Democracy is your responsibility

Democracy is much more than elections.

For the democracy in Southern Sudan to function well, it is important that the democratic values and principles, as stated in the Comprehensive Peace Agreement (CPA) and the Interim Constitution of Southern Sudan, are protected and respected by the citizens and the government every day – and in all aspects of life.

As a citizen, you must take responsibility for your democracy by practicing democratic values and principles in your family and community. Make sure that everybody’s opinions are heard and come up with decisions and solutions which as many as possible can agree with.