VP Machar says Abyei referendum will occur with or without border demarcation

July 21, 2010 (KHARTOUM) – The South Sudan Vice president Riek Machar today criticized the ruling National Congress Party (NCP) over the delay in demarcating the borders in the oil rich region of Abyei.

The NCP & Sudan People Liberation Movement (SPLM) took the issue of Abyei borders to the Permanent Court of Arbitration (PCA) which defined the borders in a decision accepted by both sides exactly a year ago.

The ex-Southern rebel group complains that that its members of a joint demarcation team feel threatened by armed militia elements, which the SPLM claims are sponsored by Khartoum.

Abyei, which is close to key oil fields and includes rich pasture land, is used by two main groups, the Dinka Ngok, linked to south Sudan’s Dinka people, and nomadic Misseriya Arabs, associated with the north.

“The demarcation of this border has been stalled and politicized unnecessarily. This now threatens that peace. The Sudan People’s Liberation Movement (SPLM) calls on the Government of Sudan to join it in efforts to demarcate the area within 30 days” Machar said in a Op-Ed article sent to Sudan Tribune.

“The Government of Sudan and its members on the Joint Demarcation Committee, however, have not fulfilled their commitment to demarcate the area. The frustrations of the SPLM Joint Demarcation Committee have been well documented as have the SPLM’s attempts to encourage the GoS to facilitate their work. Instead, the Government has politicized the tribunal decision’s implementation and in doing so, made false promises to the Misseriya and other nomads whose livelihoods depend on these areas” the SPLM official said.

Machar stressed that the referendum on the future of Abyei will not be held off by the deadlock in the demarcation process.

“Whether the demarcation takes place or not, the borders of Abyei are fixed and known. Delaying the demarcation has no affect on changing Abyei’s defined borders”.

He further noted that political boundaries will not interfere with the movements of Misseriya and other nomads.

“The SPLM guarantees to all Misseriya and other nomads that your traditional rights to movement through the Abyei Area post 2011 will continue regardless of the results of the Abyei Area and Southern Sudan Referenda”.

The Abyei referendum commission has yet to be formed and demonstrations were staged in the region demanding its swift establishment.

Below is the full letter of South Sudan Vice President Riek Machar

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By Dr. Riek Machar Teny, Deputy Chairman, SPLM

One year ago today, a tribunal sitting at the Permanent Court of Arbitration (PCA) in the Hague helped to ensure peace among our people by issuing a decision defining the borders of the Abyei Area. The demarcation of this border has been stalled and politicized unnecessarily. This now threatens that peace. The Sudan People’s Liberation Movement (SPLM) calls on the Government of Sudan to join it in efforts to demarcate the area within 30 days.

As many readers know, in a dispute over land, like the one of Abyei, the most important part of the tribunal’s decision is the definition of the land’s borders on a map. Definition is where designated officials, in this case an international tribunal, draw on a map the longitude and latitude lines representing the Northern, Southern, Western and Eastern borders of the area in question. This has been done for the Abyei Area. Indeed, under the law, there is now no question or ambiguity about where Abyei’s borders are located and where the ancestral lands of the Ngok Dinka are. Both the SPLM and the Government of Sudan know where Abyei’s borders are and they have publicly agreed they are final. In fact, in the arbitration agreement that originally referred the case to the tribunal, the Government of Sudan and the SPLM both that the tribunal’s decision on the boundaries would not only be “binding”, but also that “the Presidency of the Republic of Sudan shall ensure the immediate execution of the final arbitration award.”

After the ruling was issued, leaders of both parties publicly reaffirmed their commitment to implement the award. One year later, the SPLM remains dedicated to this effort. The Government of Sudan and its members on the Joint Demarcation Committee, however, have not fulfilled their commitment to demarcate the area. The frustrations of the SPLM Joint Demarcation Committee have been well documented as have the SPLM’s attempts to encourage the GoS to facilitate their work. Instead, the Government has politicized the tribunal decision’s implementation and in doing so, made false promises to the Misseriya and other nomads whose livelihoods depend on these areas. This has caused unnecessary security concerns in the area and distracted our people from that which is most important. Indeed, what is most important is that we ensure that: 1) all people who depend on land and waters of Abyei have access and their customary rights of movement respected and protected even after 2011, and 2) that Abyei and all of the surrounding areas to which its many neighbors seasonally return in the North and South, receive increased reconstruction, development, and prosperity, and 3) that the Ngok Dinka and other residents of the abyei Area shall finally have a right to choose whether they want to belong to the North or South ( a right the Government of Sudan denied to them in the past).

Indeed, our people have been distracted and misled. For this reason, on this anniversary of the PCA’s decision it is important that our people are given the facts, rather than political opinions. Perhaps then we can begin to work together to renew trust among our people and bring peace and development to the area. As noted above, the definition of Abyei’s border on a map has been done. The borders are known and they are permanent. It is the demarcation that has not taken place. Much misinformation has been communicated about what demarcation is, what it will represent, and what its impact has on our people’s lives and even the Abyei Area Referendum. To clarify, the demarcation is when the known boundaries of an area are marked on the ground in some way so that people can see the borders if they so choose. Demarcation is not what makes the boundary of the Abyei Area final. The definition that tribunal issued in its decision already makes the boundaries of Abyei known, fixed and final. Delaying the demarcation of the border will not change or reverse the decision on the boundary. The two are not related. Under the law, the demarcation is the obligation of the Government of Sudan to demonstrate that it will not violate, but rather comply with law.

Though some have been led to believe otherwise, demarcation is not a wall that keeps people in or out. It is also not a fence that prevents our animals from moving to and fro for grazing. Consistent with practice around the world, as planned by the Joint Demarcation Committee of the SPLM and Government of Sudan, demarcation in Abyei only means the placing of several poles in the ground which are a full kilometer apart from each other. These poles help people on the ground to visibly see the borders. It is true that many community members that rarely travel far from their villages will never even see these poles. It is probably true that some of these markers likely will even find themselves under water during our rainy season. This is what some people would have you fear – a few poles made from oil pipelines in Heglig, separated by vast areas of land, in some cases water, cows and villages.

There are those that would like to feed conflict in our villages where local leaders and community members have for years peacefully organized the movement of their peoples and the reception of their neighbors for purposes of grazing and other traditional activities. We must work together to speak over these individuals that work against the unity and peace of our people. In this spirit the SPLM wish to confirm the following to all of the people concerned.

1. Whether the demarcation takes place or not, the borders of Abyei are fixed and known. Delaying the demarcation has no affect on changing abyei’s defined borders.

2. If the demarcation does not take place, this will not in any way delay the Abyei Area Referendum. The demarcation is symbolic in this case more than instructive, and both parties already know where the borders are.

3. Because we already know where the borders are, the definition of who is a “resident” for purposes of voting in the Abyei Area Referendum will not be affected in any way if the demarcation does not occur. Demarcation has no influence at all on the definition of who does and who does not get to vote in the Abyei Area Referendum.

4. The demarcation is not a solid wall or even a long fence and it will never be a physical obstacle to any of the customary movements of our people of the North and South who traditionally and seasonally migrate through the Abyei Area.

5. As the tribunal stated, the political boundaries between states and even countries do not need to interfere with the customary rights of movement for traditional people. For this reason, the SPLM guarantees to all Misseriya and other nomads that your traditional rights to movement through the Abyei Area post 2011 will continue regardless of the results of the Abyei Area and Southern Sudan Referenda.

6. Consistent with the CPA and the PCA decision, the SPLM will respect and protect the right of choice that is before the members of the Ngok Dinka community and it will work with the Abyei Area Commission to define the criteria for “other residents” of Abyei that is consistent with international law and state practice.

7. Lastly, the SPLM reiterates our commitment to protecting the livelihoods of the people of Abyei and its surrounding areas no matter the outcome of the 2011 referenda. We will continue to work together with the Government of Southern Sudan and the Government of National Unity to bring more development, reconstruction and opportunity to the people who live there. We welcome identification from the people of their needs and priorities.

People of Sudan, on this anniversary of the PCA’s boundary decision, the SPLM wishes to tell you that there is nothing to fear about the demarcation of the Abyei Area and you should not let any person fill your heads with lies or misunderstanding about it. Demarcation does not prevent people and their animals from moving freely. Demarcation does not determine whether someone can or cannot vote, and demarcation will not change the now defined boundaries of the Abyei Area. The two CPA parties have too much to do before 2011 on behalf of our people. The demarcation of the Abyei Area is a requirement of the CPA that must be completed and we should spend no more time in delays. In this spirit, on this day the SPLM calls for the support of the Presidency and in particular, President Al Bashir, to urgently provide to the members of the Joint Demarcation Team all of the technical support and political authorization needed to complete this work in no later than (30) days. We hope the people of Sudan will join us in this call for completion of this task.

(ST)