Court says Abyei ruling on July 22nd despite objections by Sudan’s NCP
July 14, 2009 (WASHINGTON) — The Permanent Court of Arbitration (PCA) at The Hague announced today that its ruling on the disputed North-Sudan border region of Abyei shall be rendered on July 22nd at 10 am, according to a press statement.
On June 30th the SPLM sent a letter to the PCA asking that the parties should be given “at least one week notice” of the decision date.
The ex-Southern rebel group said that the request is made “so that the parties have the opportunity to put in place arrangements for communication of the award in Abyei and wider Sudan” the letter said.
“This advance notice will allow the parties to immediately implement the award, educate the people of the Abyei area prior to the award, facilitate dissemination of the award and take steps to prevent violence, enhance security and consolidate peace in and around Abyei area at the time the award is communicated.”
But the NCP rejected the arguments put forward by the SPLM in a rebuttal to the PCA submitted July 7th warning that “neither party is authorized to take unilateral steps” in connection with the security arrangements in the oil rich region.
The ruling party referred to the Abyei Protocol signed as part of the 2005 Comprehensive Peace Agreement (CPA) saying that the Abyei Executive Council “is entrusted with the supervision and promotion of security in the area.”
Furthermore, the NCP says in its letter that the United Nations mission in Sudan (UNMIS) also has the task of promoting security and improve conflict prevention efforts.
Last year Abyei witnessed deadly clashes between Sudanese government troops and SPLA that left the town deserted after 50,000 of its inhabitants fled the fighting.
The NCP said that it is “regrettable” that the SPLM “have been waging a media campaign stating that they will win the arbitration – conduct which is not conducive to promoting security in the area.”
It also said that the announcement of the PCA decision should be in line with the agreement reached between the two parties last month in Washington which states that they agree to “to develop a plan with assistance from US to facilitate dissemination of the arbitration decision at the local level in anticipation of the decision.”
The NCP proposed that they along with the SPLM shall develop the plan, beef up UNMIS presence in the area before the ruling should be made public.
But the SPLM responded on July 9th suggesting a meeting to be held at the Hague for the award to be communicated as long as this would not delay the decision date, otherwise they said that the PCA should sent the ruling via email to both sides.
The PCA issued a statement on July 10th saying that they decided that a formal ceremony for communicating the ruling shall be held at the seat of the court in The Hague and ordered both parties to deliberate and agree on a date for the event.
The response was to be delivered by Monday July 10th.
Yesterday the legal counsel for the NCP informed the court that both parties were unable to agree on a date. The letter stated that the NCP proposed the ceremony to be held on August 21st.
The SPLM reiterated to the PCA in a letter the same its position that the decision should not “be delayed in any way.”
Today the PCA issued a statement saying it took note of both parties’ position but that “due to the inability of the Parties to agree on a new date for the rendering of the award” the tribunal will stick to the July 22nd date.
The ceremony will be public and attended by delegations from the NCP & SPLM and CPA witnesses. The PCA extended invitation to the chiefs of the Misseriya and Ngok Dinka communities and a representative of the CPA Assessment and Evaluation Commission, to attend.
Observers fear that the highly awaited decision may spark fresh clashes between the tribal communities in the region.
The Abyei protocol signed as part of the CPA provided for the establishment of a commission known as the Abyei Boundaries Commission (ABC) to “define and demarcate the area of the nine Ngok Dinka Chiefdoms transferred to Kordofan in 1905, referred to herein as Abyei Area”.
However, the NCP rejected the findings of the ABC report accusing its members of impartiality and violating its mandate.
A year ago the two sides agreed to refer their dispute over the findings of Abyei Boundary Commission to the Permanent Court of Arbitration.
The arbitration tribunal has to determine 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 PCA determines that the ABC exceeded its mandate then it shall proceed to define the borders of the region.
Today the US urged the NCP and SPLM to implement the tribunal’s decision.
“The United States calls on both parties to the Comprehensive Peace Agreement … immediately to prepare for the implementation of the decision,” US State Department spokesperson Ian Kelly said in a statement.
“Measures include a readiness to implement fully the court’s decision, to disseminate widely accurate information about the decision, and to take the necessary steps to eliminate opportunities for violence in the region,” he said.
The US presidential special envoy to Sudan Scott Gration will travel to Abyei a day before the ruling. Gration arrived today in Khartoum at the start of a ten-day visit.
Under the 2005 peace accord residents of Abyei will chose to join the north or south in 2011, when the entire south will vote on secession from the north.
(ST)