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Sudan Tribune

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Sudanese parties file their first arguments on Abyei dispute

December 20, 2008 (THE HAGUE) — The Government of Sudan (GOS) and the Sudan people’s Liberation Movement (SPLM) submitted their first written argument to the Permanent Court of Arbitration (PCA) in The Hague – Netherlands on Thursday 18 December.

dinka_chief_and_misseriya_leader-2.jpgIn their first written argument GOS and SPLM explained to the five member Abyei Arbitration Tribunal the reasons why they believe a decision in their favour is deserved.

“The SPLM’s submission included a set of fact and legal arguments over 300 pages long and is then supplemented by numerous, compelling maps, photos, historical records, and witness statements from chief, elders, SPLM/A officials and impartial international actors,” said Deng Arop Kuol, a member of SPLM political committee on Abyei arbitration.

The arbitration on Abyei officially commenced on October 30, 2008, the date on which the presiding arbitrator, the French Pierre Marie Dupuis, was appointed and signed a declaration of independence, impartiality and commitment.

The two signatories of the Comprehensive Peace Agreement agreed last June, in a roadmap to resolve Abyei disagreement, to refer their dispute to an arbitration tribunal. They formally referred their case to the PCA on July 12.

The arbitration tribunal has to determine whether or not the Abyei Boundary Commission (ABC) experts exceeded their mandate “to define and demarcate the area of the Nine Ngok Dinka Chiefdoms transferred from Bahr el Ghazal to Kordofan in 1905”.

The tribunal shall apply and resolve the dispute before it in accordance with the provisions of the Comprehensive Peace Agreement (CPA), particularly Abyei Protocol and Abyei Appendix.

The Parties will study each other first argument. On February 13, 2009 they will present their counter- argument to the tribunal. Further, the arbitration agreement allows the two parties to provide a third written submission to the tribunal on February 28. An oral hearing also is scheduled for April 18-23. The Tribunal is expected to issue its final decision by July of 2009.

Despite the road map signed by the two parties on June 8, tension remains intense in the disputed area. A banal scuffle, on December 12 between members of the local police and a butcher led to the death of two policemen and the displacement of hundreds of civilians from the town.

“Recent events over the last few days in Abyei only further demonstrate the need for an immediate and comprehensive solution to the problem of Abyei,” said Luka Biong Deng, the Minister of Presidential Affairs at the Government of Southern Sudan.

(ST)

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