Evaluation #2: At least the Interim Constitution of Southern Sudan tried to break the criteria of vagueness by shipping in some specific details, especially on who shall be qualified to vote in the referendum and how. But it is still hooked-up by the trick of ambivalence of “Secession” terminology. The constitutional judges and lawyers might refer to some of the details mentioned in this sub-constitution but they may not be obliged to do so because they could argue, as well, that the National Interim Constitution should be the only supreme reference in case of clash of interpretations.
3. Articles (4), (5), (6), (7), (8) & (9) of The Southern Sudan Referendum Act: The people of Southern Sudan shall exercise their right to self-determination through the referendum to determine their future status in accordance with the provisions of the Comprehensive Peace Agreement, the Constitution and the present Act (Article 4). The referendum, provided for in Section 4 above, shall be conducted in Southern Sudan and any other locations on 9 January 2011 and shall be organized by the Commission, in cooperation with the Government of National Unity and the Government of Southern Sudan and under international observation (Article 5). While exercising the right to self-determination through voting in the referendum, the people of Southern Sudan shall cast vote for either: i- Confirmation of the unity of the Sudan by sustaining the form of government established by the Comprehensive Peace Agreement and the Constitution, or ii- Secession (Article 6). To ensure the free will of the people of Southern Sudan to express their views, in accordance with Section 6 above, the different levels of governance shall commit to creating an environment favourable to conduct the referendum through the following:
a). Appropriate environment and security conditions in order to prepare and organize the free exercise of the right to self-determination.