ARBITRATION AWARD: Abyei for South Sudan and oil fields for North Sudan
July 22, 2009 (THE HAGUE) — The arbitration tribunal in The Hague, on Wednesday, has issued a win-win award confirming that the nine chiefdoms belong to southern Sudan but also reattributed western and eastern parts of Abyei to southern Kordofan state.
Sudanese presidency led by the National Congress Party (NCP) rejected the findings of Abyei Boundary Commission (ABC) and refused to implement it for more than three years since the signing of the Comprehensive Peace Agreement (CPA) in January 2005.
After the bloody fighting between northern and southern Sudan armies in the disputed area in May and the displacement of Abyei population the two parties signed a roadmap to end the conflict and agreed to refer the ABC report to the international arbitration tribunal in The Hague.
HOW TO FIND THE ABC EXCESS OF MANDATE
The Abyei Arbitration Tribunal (AAT) had to determine whether the ABC experts exceeded their mandate, which was to define and demarcate the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905.
Furthermore, the AAT was entrusted by the two parties to redefine the boundaries of the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905, if it finds that the ABC experts exceeded their mandate.
Tribunal ruled that, while it is not authorized under the Arbitration Agreement to review the ABC Experts’ decision for “substantive errors,” a failure to state sufficient reasons for a decision may amount to an “excess of mandate.” The Tribunal finds that the ABC Experts’ mandate included the duty to state reasons.
Accordingly, the five arbitrators find that Experts were required to sufficiently explain their decisions to allow the readers to understand how these were arrived at.
“The ABC Experts would have exceeded their mandate if some or all of their conclusions were unsupported by sufficient reasons, if the reasoning was incoherent, or if the reasons provided were obviously contradictory or frivolous.”
TRIBAL OR TERRITORIAL UNDERSTANDING OF THE ABC MANDATE
Based on these principles, the five-members tribunal establishes the ABC Experts adopted a “tribal” interpretation of their mandate: the ABC Experts understood their mandate as requiring them to delimit and demarcate the area of the nine Ngok Dinka Chiefdoms as of 1905, i.e., the extent of Ngok Dinka settlements in 1905.
This approach contradicts the Sudanese government “territorial” understanding of the ABC Experts’ mandate, which comprehended determining a defined area of land that was administratively transferred by the Anglo-EgyptianCondominium in 1905.
Based on its mandate to find out reasonableness test rather than a correctness test, the AAT therefore finds that the ABC Experts did not exceed their mandate in interpreting their mandate in the manner that Experts did. Actually the Tribunal is not required or authorized to decide which out of the two possible interpretations is more “correct.”
SOUTHERN – NORTHERN ABYEI TO SOUTH SUDAN, EASTERN – WESTERN ABYEI TO NORTH SUDAN
The Tribunal finds that the ABC Experts did not exceed their mandate when they had defined the northern boundary of the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905 runs along latitude 10°10’00”N, from longitude 27°50’00”E to longitude 29°00’00”E.
Also the AAT approved the ABC Experst decision that the “southern boundary shall be the Kordofan – Bahr el-Ghazal – Upper Nile boundary as it was defined.
On the other hand, the five arbitrators considered that the Experts exceeded their mandate when they said eastern boundary shall extend the line of the Kordofan – Upper Nile boundary at approximately longitude 29°32’15″E northwards until it meets latitude 10°22’30″N”.
The Tribunal stated that “the eastern boundary of the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905 runs in a straight line along longitude 29°00’00”E, from latitude 10°10’00”N south to the Kordofan – Upper Nile boundary as it was defined on 1 January 1956.
Also with regard to the western border of the nine chiefdoms the Arbitration Tribunal disapproved the Experts delimitation that it should be the Kordofan – Darfur boundary as it was defined on 1 January 1956.
They decided that the western boundary ” runs in a straight line along longitude 27°50’00”E, from latitude 10°10’00”N south to the Kordofan – Darfur boundary as it was defined on 1 January 1956, and continuing on the Kordofan – Darfur boundary until it meets the southern boundary” as confirmed by the Tribunal.
GRAZING RIGHTS
The Arbitration Tribunal confirmed the ABC Experts’ that the “Ngok and Misseriya shall retain their established secondary rights to the use of land north and south of this boundary”.
(ST)
manthok loda
ARBITRATION AWARD: Abyei for South Sudan and oil fields for North Sudan
Hi Everyone
I wanted to congratulate Mr. Kiir & Dr. Riak and let you know about some changes within our heart feeling in this Boarder lines decision making by AAT.
I am delighted to hear this confirmation rules outcome with effect from Abyei news. Mergers, acquisitions and equity is capital markets are a team of argument but happiness in same time we as Southern Sudanese could have better without the Oil line. This is a court decision and ruling outcome. Good news for us because we have achieved Abyei Capital Town Ngok Dinka Chifdoms people. We need now is hard working and protection. South Sudan is full with oil and wonderful environment of minerals resources.
I believe the roles of our leaders now are to work harder for the boarder lines for preparation of 2011 referendum with continuity and experience at the Boarder level. Mr. Kiir and Dr. Riak had played significant roles on Boarders in peacefully process for the security protection even although we have lost people in fighting last year in Abyei.
The recognition of this achievements, experience and excellent contribution to Southern Sudan has finally resulted in good news over many years by Dinka Ngok and rewarded us now but not to forget for the hard time ahead.
President Mr. Kiir has made an extraordinary contribution to our nations for more than 25 years since the beginning of War and will be sorely thank you full in many generations live. He has achieved the outstanding legacy, one which we will build on in the years to come.
I congratulate Southern Sudanese on these achievements just as I congratulate Mr. Kiir and Dr. Riak on their achievement. I look forward to peacefully living in Southern Sudan to continue transforming the lives of people in Abyei. No back to War and SPLA/M oyee…. And South Sudan.
God Bless
Manthok
oshay
ARBITRATION AWARD: Abyei for South Sudan and oil fields for North Sudan
Aaaah the scent of defeat is ever sweater when it comes from the loser SPLM camp. This ruling has showed their total incompetency when it comes to defend the right of the Southern Sudanese.
And for the people of Sudan Tribune, the Tribunal did not award Abyei to the South, this will be decide in 2011, however the North won a decisive victory by taking one of the richest oil fields in Sudan, a shameful defeat to the SPLM.
You should’ve all seen the look on Pagan Amoum when the verdict came through ahahaha
Moses Kur Akech
ARBITRATION AWARD: Abyei for South Sudan and oil fields for North Sudan
It’s essentially important for both sides to accept the court’s verdict and move on to build the future. Life is worth nothing and it’s humanely fundamental if leaders value people’s lives above all irrespective of their ethnicity, class, religion and political alliance.
It would be great if both South and North restrain from violence which does nothing valueable than causing life. People have to use extra lens in order to have a clear view of where exactly does the prosperous future lies in the wider Sudanese Society which has long been rocked by political, social and economic unrest.
I would like to caution any Southerner who may be adamant to this ruling that you can never get backed a full-spoon of sugar which you had accidently or carelessly poured out. To serve time and other resource, a wise person can work away with the bit he/she has gotten back.
Apalo Mana
ARBITRATION AWARD: Abyei for South Sudan and oil fields for North Sudan
It is really very confeussing of the decission that was made
by Arbitration after we have been waiting for long time to have good results from the court. I think the international court had made mistake. What make sence if I am holding the cows hornes and someone milks them or if I have a bed and sleep on the floor,is that not the same thing the land of Abyei is for the South and what ever in it is for the North, where are the oil fields located ? the fields are not in the Abyei? how can these happen? in my cocount it was better court to award Abyei and everythings in it either for South or North.Moreover if Abyei is for South so the fields are for the South too no any doubt
Lawrence
ARBITRATION AWARD: Abyei for South Sudan and oil fields for North Sudan
Dear Southerners, the arbitration tribunal in The Hague was infavour of the north by reattributing the oil rich western and eastern part of Abyei to Southern Kordofan state.They left the totally desert and non-resource north and south to South Sudan.As a once geography teacher, east and west are not neighbours but may be east and north or east and south alternatively, west can be neighbour to either north or south. This decision was taken by foreigners who do not know the set-up of community boundaries and how the Arabs settled in Abyei as squarters. Their geography has totally failed here. How can they award the part which is rich in oil to the north!!.This is the time when we needed the late Garang most for his slow but sure negotiation. They used the words nine Ngok Dinka chiefdoms meaning the land belongs to the Ngok Dinka who are Southerners and the resources belong to the South.
This is unfair judgement for the South and may have to be reviewed.
Lawrence
BUSTA 2
ARBITRATION AWARD: Abyei for South Sudan and oil fields for North Sudan
The decision by Hague is correct!!
The court has given Oil fields for North Sudan simply they have seen that given it to South Sudan will just increasing buying of more Hummers in Juba town yet Bashir who is a president doesnt have one.
It is now time for South Sudan to change specially Dinkas this is the time you should learn from your mistake which has contribute to the lost of Oil field to the North.
The question am asking you with (Abyei without oil mean what)? Dinkas has let Southernese to loss oil field and am sure in 2011 they will also let us to vote for unit!!!
Brother in Christ,
Busta 2