Sudan peace partners agree on The Hague to arbitrate Abyei
By James Gatdet Dak
June 21, 2008 (JUBA) — A two-day meeting of the Joint Political Executive Committee between the National Congress Party (NCP) and the Sudan People’s Liberation Movement (SPLM) agreed to submit Abyei border dispute to an international court based in The Hague.
The joint committee was co-chaired by the Vice President of the Sudan, Ali Osman Mohamed Taha and Vice President of the Government of Southern Sudan, Dr. Riek Machar Teny. Vice President Taha flew to Juba on Friday morning heading a high level delegation of the National Congress Party (NCP) to discuss issues on CPA implementation with the SPLM.
The two peace partners agreed to refer their dispute over the Abyei permanent boundaries to “final and binding arbitration under the Permanent Court of Arbitration Optional Rules” for arbitrating disputes between two parties of which only one is a state, said Dr. Luka Biong Deng, the Minister of Presidential Affairs in the Government of Southern Sudan.
On June 8, the parties signed Abyei roadmap agreement to break the three years of deadlock on implementation of the Abyei Protocol.
The roadmap provides for establishment of Abyei area administration with its interim boundaries, implementation of wealth sharing agreement, return of internally displaced persons (IDPs), deployment of a new Joint Integrated Units (JIUs) and redeployment of the forces of both the Sudan Armed Forces (SAF) and the Sudan People’s Liberation Army (SPLA) beyond the interim boundaries of Abyei area.
The two parties, however, failed in the roadmap agreement to reach an understanding on the actual Abyei boundaries and resolved that a permanent solution would be reached through an international arbitration, subjecting the Abyei Boundary Commission (ABC) Report to such arbitral tribunal.
In the Saturday’s Juba meeting, the two parties have agreed on The Hague in The Netherlands to be the venue for arbitration and that the number of arbitrators shall be five.
They also agreed that each party shall appoint two arbitrators from the list of the Permanent Court of Arbitration (PCA). The four appointed arbitrators shall in turn appoint a fifth member to chair the tribunal.
The meeting also resolved that each party shall be availed equal and simultaneous opportunities to fully present its cases covering all issues of form and substance.
Issues to be determined by the arbitral tribunal shall be to decide whether or not the Abyei Boundaries 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, as per the Abyei Protocol, the Appendix, ABC Terms of Reference and Rules of Procedure.”
“If the arbitral tribunal determines that the ABC did not exceed its mandate, it shall make a declaration to that effect, and order for the full implementation of the ABC Report… and if the arbitral tribunal determines that the ABC Experts exceeded their mandate, it shall make a declaration to that effect, and shall proceed to define and demarcate on map the boundaries of the Nine Ngok Dinka Chiefdoms transferred from Bahr el Ghazal to Kordofan in 1905, based on the submission of the parties,” explains a press statement released on Saturday.
The Parties also agree that upon the signing of the Arbitration Agreement, the Permanent Court of Arbitration (PCA) shall provide full registry services and administrative support to the Abyei Arbitration Tribunal and the Parties.
The National Congress Party rejects the ABC report and says they exceeded its mandate because the commission attributes a territory northern to Bahr al-Arab (Kiir river) to the Ngok Dinka. The experts say their mandate was limited to define the nine Ngok chiefdoms and not to define 1905 boundary.
(ST)
Michael Madit Magot
Sudan peace partners agree on The Hague to arbitrate Abyei
Is CPA being rewritten by Riek Machar or what?
The arbitration of the Hague is another step to destruction of CPA.
Riek must be cautious on his unnecessary negotiation.
Ayuen Buol mum
Sudan peace partners agree on The Hague to arbitrate Abyei
Why do the parties bit the bush around when the reality was that the ABC is the real international expert democartion which explain everything from both side. This is not good when a dog drink what it has already vomited. When the NCP rejected the international arbitration and claim that it exceeding the mandate which was well documented by the international expert. I think there is noway that the NCP dodging the Abyei protocal other than implemented it before the general election. or choose not to implemented the CPA according to my opinion.
The Abyei ABC is a well documented and analysis to both the North and the South and I don’t see why the north is doubting about its mandate. therefore, I salute Osman Taha for his hard working and recognition about this big mistake of not excepted what is right for the sudanese.
you are the only Northerner who is interesting to reconcile both the north and the south otherwise your party is not in good faith with the southern sudanese.
Thanks
Akol Liai Mager
Sudan peace partners agree on The Hague to arbitrate Abyei
Two parties agreement to take Abyei issue to International Court in the Hague souds both reasonable and funny.
But first, let me congratulate both Government of Southern Sudan and SPLM for making Northern sectarian leaders fly from Khartoum to Juba to discuss North-South and other national issues.
Juba, El Fashir, Khaduguli, Kassala and Dongola ought to be given rights of commodating national capital city of Sudan. That’s because Khartoum has been a symbol of oppression and seems to remain so.
Back to the article, Firstly, the agreement sounds reasonable because a legal or political solution to Abyei issue that is based on justice and convincing evidences worth seeking it from anywhere including Hague. Those evidences, however, should exclude the so-called 1956 boarder. The 1956’s boarder was established by Jallaba-North, British and Egyptian in the complete absent of the Southerners in which the boarder favoured northern Sudan.
Secondly, the agreement sounds funny, especially for the side of NIF/NCP. It’s clear that, nobody in the NIF/NCP leadership who can see how petty it is to go for international court in Heague with Abyei issue.
The regime of a day in Khartoum like her past sisters regimes, has always claimed to be Sudan’s people and land unity protectors whilst some lands are being occupied by foreign troops.
Hallieb will take NIF/NCP, Umma and DUP to the Heague as soon as Heague finish Abyei issue. And if SPLM is to win 2009 elections of which I am optimistic of winning them, the Sudan government lead by SPLM will take Egypt to the Heague over Hallieb issue.
NIF/NCP shamelessly, go ahead to the Hague and Hallaieb is watching you.
samuel nyok kuat kur
Sudan peace partners agree on The Hague to arbitrate Abyei
Dear southerners politicians. Hon Dr. Riek Machar,Hon Dr. Luka Biong Deng Kual. I know both of you knew northerners well more than i know them,because you have studied in Khartoum University with whom they thought southerners are stupid,but i bet them we are not stupid as they thought.Please, my brothers and fathers proof to them that we know what they didn’t show, which is mean we are very smart people go ahead with prefect project of our benefit, and we will be always behind you,helping your brother General Salva Kiir as you did to our late hero Dr. John Garang de Mabior deng Arway. Please steer on Ali Osman he is coming again with another package of lie as he came with it yesterday when he signed Machakus in Kynia, as he was the one who signed Abie protocol, and denied it in front of you and national community after his arrival in Khartoum, and the same lie happened many times to our previous southerners politicians after they had been promised southerners like Dr.Mohamed Ahmed El Shangithy one of the northerners educated figurative in that time, after they met southerners politicians and chiefs in Juba at round table conference, 1947. Which they broke it in the Saturday night meeting before Sudan independent December 31,1955, leaving southerners politicians out of that meeting. And it was very important meeting between Sudanese and colonials partners British and Egypt.in the morning of independent in January 1, 1956,they met southerners politicians with an embarrassment, but they tried the first lie ind their lives, which it became their habit for facing southern Sudan problem when its comes up,and they thought it was a successful, specially when they saw southerners politicians have calm down for a while, so they say the lie it works. But it is not because their lie its works as they thought, because some of politicians were weak in their financial situations at some times specially when they had fund them with money for needs, their politic that they called “let your dog be hungry its will follow you.” Brothers in the country be alert of this poise it could poison the holy land southern Sudan.And the same lie they did in 1972, and broke it by the president Gaffer Mohamed Nomery, and he told the lawyer Mr. Abel Aliir one of our figurative politicians in south,when he asked him why he breached Adisababa accord he answered Mr. Abel that the accord was not from holy quran nor from the Bible, and that was the second lie from them,which resulted as the S.P.L.M/A . and the third lie they did to DR.Riek Machar,Dr. Lam Akol Ajauwin,Arok Thon Arok, and Karbino Kwangin Bol in April, 1997,and they are trying the same scenario to the Nivasha accord which is CPA.
Brothers and fathers, making agreement is not bad but we should be alert of any smartness from our enemy. We know they have agreed today with us today for the issue of Abie boundary to take it to the international court,but to morrow they will say a different thing like they did to the Abie protocol, also,the same court wants to arrest their cabinet Ahmed Haron who is a member of the Abie file with Dardiry Mohamed Ahmed. I know they will say if the international court decided that the area of Abie its the south area as we know, they will come with different word that they don’t consider international court because they are not a member there as they said at case of Ahmed Haron. they just want to waste the time until they will gain another idea.So i urge you my people to be firm in Abie issue because if they took Abie they will also come to the Bentiu territory, special bordering counties like Beimnum , Mayum , Robkona,hegilige as they are trying to do now, plus panreing,Agok,Aweng until Warap territory. So we southerners should not take this issue as easy problem or Abie problem alone as i heard from some of southerners in 1990s.I know nobody feel that way now. because most of us knew their right.
Good luck.
Ajuong Ayany De puorgook
Sudan peace partners agree on The Hague to arbitrate Abyei
Riek should be included in the Trail because of 1991 Jonglei genocide