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Abyei remains contested area between Sudan and South Sudan, says SPLM official

By Ngor Arol Garang

September 17, 2011 (JUBA) – A high ranking official from the South Sudan’s governing party said Saturday that the border region of Abyei remains a contested area until his country and its northern neighbour reach a compromise that resolves their differences in a manner that will not affect rights of ancestral residents, predominantly members of South-aligned Dinka Ngok.

Luka Biong Deng, a co-chair of the Abyei Joint Oversight Committee representing government of the Republic of South Sudan, said in a statement extended to Sudan Tribune on Saturday, that United Nations, humanitarian agencies, donors and the international diplomatic community appear to be working under a misinterpretation of the Agreement on Temporary Arrangements for Administration and Security of the Abyei Area that was signed between the Sudan People’s Liberation Movement (SPLM) and the Government of Sudan (GoS) on 20 June 2011 in Addis Ababa, Ethiopia.

Biong said the primary objective of the agreement was to protect and assist the return of those displaced after what he described as “the barbaric invasion” of the Abyei area by the Sudan Armed Forces (SAF) in May 2011. SAF took control of the oil-producing region two months before South Sudan’s independence in July.

The senior SPLM figure, said that the international community is unable to aid Abyei because it has incorrectly identified it as part of North Sudan, placing it outside its area of mandate.

A referendum was due to held to decide Abyei’s fate but the plebiscite – a key part of a 2005 peace deal – did not go ahead as the SPLM rejected Khartoum’s demand that north-aligned nomads the Misseriya be allowed to take part.

“This misinterpretation is the latest in a long line of obstacles preventing the implementation of agreements concerning Abyei. The hostile activities of SAF and Arab militias, the conflict between the SPLM and Government of Sudan in the Southern Kordofan state, and the antagonistic attitude of Government of Sudan towards international organizations have collectively caused a deepening of the crisis for the Internally Displaced Peoples (IDPs) inside and outside the Abyei Area”, said Biong.

Biong was the first senior official from Abyei to resign from his ministerial post – in the now defunct North-South power-sharing government in Khartoum – in protest of the north’s military occupation of the area. The Sudanese former minister for cabinet affairs, said the region remains a contested area between North and South Sudan and until its status is determined legally and politically, it retains a special status between both nations.

The Abyei Protocol will not be complete until the referendum for the people of Abyei is held or a political settlement is reached by South Sudan’s SPLM and Khartoum’s National Congress Party (NCP).

Biong argues that despite now being different countries Abyei should still have special status and the dual jurisdiction of President Kiir of South Sudan and Bashir of Sudan, should remain despite partition.

The Abyei agreement signed in Addis Ababa is temporary, Biong’s statement says, and that the final status of Abyei shall be decided by either a popular referendum as stipulated in the Abyei Protocol or through another process to be agreed upon by the parties to the 2005 Comprehensive Peace Agreement (CPA).

Biong, who has been tasked to follow the issue by the Juba government, added that his interpretation of the agreement leads him to conclude that Abyei remains under the jurisdiction of the Government of Sudan and the Republic of South Sudan.

“The Agreement clearly spells out how such dual jurisdiction 2 shall be arranged. First there will be an Abyei Joint Oversight Committee that will exercise, on behalf of the two Presidents (North and South), political and administrative oversight of the affairs of the Abyei Area. There will also be an Abyei Area Joint Administration with the Chief Administrator as a nominee of South Sudan and Deputy Chief Administrator as a nominee of the North. Third, there will be a Joint Military Observer Committee. The Republic of South Sudan and Government of Sudan shall jointly finance the Abyei Administration”, the statement adds.

The statement further added that the agreement focused upon concerns of security, protection of civilians and ensuring the return of IDPs to their home areas with dignity. North Sudan, he said, should not be allowed to use the agreement to deny access of aid or returns to the people in Abyei or reward the “criminal actions of the North in its violent takeover of the area and atrocities committed”.

The agreement is also meant to create a conducive, environment for the safe and dignified return of the people of Abyei, and to ensure humanitarian access.

Biong said that the newly amended Nationality Act of Sudan gives conditional citizenship to the members of Ngok Dinka of Abyei area pending the final resolution of the status of Abyei area while the Transitional Constitution of the Republic of South Sudan gives unconditional and inalienable rights for the members of the Ngok Dinka of Abyei to enjoy South Sudanese citizenship and nationality and all rights and freedoms guaranteed by the constitution.

“This legal commitment by the two states to grant citizenship and nationality to the people of Abyei Area clearly affirms their dual citizenship. Having this dual citizenship and coupled with the special status of Abyei Area should have made it clear for the international organizations to have an unambiguous position towards the status of Abyei area rather than the current misguided position that dominates thinking within international organizations and stifles any humanitarian action to access and address the appalling humanitarian situation in Abyei area”, the statement observed

The former minister, however, explained that misunderstandings of Abyei’s status seems to arise from a misreading of an Abyei Protocol provision cited in the Addis Ababa Agreement which states that the 1956 border will be inviolate unless changed through the referendum or a decision agreed by the Parties.

“This provision, he said, does not conclude Abyei’s status nor does it signify Abyei is under the exclusive jurisdiction of Government of Sudan.” Abyei lies just north of the border after it was transferred from South Sudan for administrative powers by colonial power Britain over a century ago.

According to the Addis Ababa agreement, the principles of the Abyei Protocol continue to apply in that Abyei holds a special administrative status in which the residents of Abyei are citizens of South Kordofan state (Sudan) and Bahr el Ghazal (South Sudan), with representation in both states.

The 2005 agreement between the north and south contains a Protocol on Abyei that described the area as a bridge between the North and South.

“The misinterpretation of Abyei’s present status is not based upon the tenets of the Addis Ababa Agreement or those of the Abyei Protocol. Instead it is a baseless rumor without any factual or substantive foundation, reinforced by Beshir’s reckless declarations that Abyei Area is exclusively part of the North”, Biong said.

Humanitarian Access

Having recognised the special status of Abyei between North and South Sudan, the humanitarian community must identify the best locations to access the area since it would be difficult to access Abyei from the North because the rear base for humanitarian support is Kadugli, Southern Kordofan.

Sudan has refused to extend the mandate of the United Nations Mission in Sudan. Despite many aspects of the CPA – which UNMIS was mandated to help the two sides implement – not being completed. This include demarcating the ill-defined border and holding “popular consultations” in the northern border state of South Kordofan and Blue Nile where many fought with the SPLM against Khartoum during the civil war.

Northern sector SPLM members have refused triggering conflict SAF and their aligned militia, starting in June in Kadugali and spreading to other parts of South Kordofan and early September in Blue Nile.

“The conflict situation in Kadugli and the denial of access to humanitarian agencies make it a poor choice for logistical and administrative support to Abyei. What is happening in southern Kordofan will continue in Abyei if the NCP is allowed to dictate the terms of this access”, he observed.

He said Internally Displaced People (IDPs) from Abyei are spread out through areas south of Kiir River (known as the Bahr Al-Arab in North Sudan) and the neighboring southern states of Warrap and Northern and Western Bahr el Ghazal. The presence of IDPs was placing a greater strain on communities who were already struggling.

The official said consolidating the delivery of humanitarian assistance inside Abyei area would be beneficial for the IDPs, and Abyei authorities as some displaced show interest in returning to their homes. He rejected the north’s dissolution of Abyei’s civilian administration in May saying it is still functioning from south of Kiir River in Agok town and is more able to assist its constituencies within Abyei. The traditional leaders are also carrying out their duties from Agok.

“Omar Bashir’s dissolution of the Abyei Administration was unilateral and illegal. The Abyei Administration is still recognized by the people of Abyei and the government of South Sudan and will continue to carry out its duties until the new administration is formed”, he said.

(ST)

11 Comments

  • George Bol
    George Bol

    Abyei remains contested area between Sudan and South Sudan, says SPLM official
    Dear South Sudanese,

    We need to be clear that any agreement will not work if the North Sudan avoid Dinka-Ngok for referendum and for voting.

    As I can see,We South Sudan under the SPLM/A must be very clear that the problem of Abyei is on the tip of gun and there is no more then that.

    The North must no that the problem of Abyei is going to like there attempt to introduce Sharia law against the Sout,so if these Arab North are not careful about there meandering about the case of Abyei,then let be very clear that Abyei can not be remaining in North no matter what these Arab think.

    Also, the South Sudan must not agree with any accords because we have so many agreements that were not obey.

    If the Arab North fail to obey Abyei protocols, they fail to obey Abyei arbitration, and the security arrangemnt in the Abyei then what to we South Sudanese think about the case.

    This case of Abyei is like when the baby cry for anything. We south sudan must be prepare for this event,period!

    Reply
  • MINDED.DUDE
    MINDED.DUDE

    Abyei remains contested area between Sudan and South Sudan, says SPLM official
    Southerners,
    Let’s Not be fool by Juba parliament or SPLM/A power.
    we will never send our young men and women to go and die in Abyei. Hell No. If Dinka Ngok or AGOK want to stay in khartoum then that is Human right, we have to respect them.
    In Africa, we do have Luo of kenya,Uganda, and south sudan.
    And they are still live in Africa, so what’s up with that??
    If kiir send our soldiers to Abyei then he commit suicide already.
    OUR troops can never fight stupid war in Abyei.
    i swear God.

    Reply
  • mohammed ali
    mohammed ali

    Abyei remains contested area between Sudan and South Sudan, says SPLM official
    ((that United Nations, humanitarian agencies, donors and the international diplomatic community appear to be working under a misinterpretation of the Agreement on Temporary Arrangements for Administration ))All of them are working under misinterpretation and only you have the right interpreation! What an arrogancy!

    If there is going to be a referundum , all the resident of Abyei should take part in it , with equal rights; otherwise Abyei will will remain where it is and where it belongs!This is what the whole world “interpret” the agreement.

    The Dinka ngok choose to live in north Sudan long time ago they mixed and inter-married with the local population for centuries, they speak Arabic very well better than any Arab including Luka Biong and Deng ” Ahmed” Alor.

    Irrespective of Abyei there are over a million southerner who still live in the north in peace, security and love and not affected by Sharia or non-sharia law. They are not willing to go the RoSS.

    Even those who were forced to go back to the south are coming back by thousands. Ironically there are 17 thousands from those who are forced to back to the south stuck in Kosti . The GOSS failed to transport them back since before the referundum and now it is almost one year they are living under the trees with no regular food supply or schools for their children! What a shame! Many of those who reached the south were ignored untill they died of hunger. What a shame!

    Reply
  • acuil deng
    acuil deng

    Abyei remains contested area between Sudan and South Sudan, says SPLM official
    A century earlier Abyei was part of the South Sudan, and a century later it is part of the North, or as ( Omar Kaddafi Hussein El Bashir) is claiming. Documents from colonial times says it all. And since the papers were misread, why not re-read them. The North knows the truth, so do we. Yet, continues the obstacles, the invasion, the displacement and the suffering of the Dinka Nyok. All these signs indicate Khartoum’s intention to totally and finally annex Abyei to the North. Now that SPLM negotiating team is action there is no other choice, but to deliver and I think they will and Abyei will be free like the rest of our country, once and for all.

    Reply
  • mohammed ali
    mohammed ali

    Abyei remains contested area between Sudan and South Sudan, says SPLM official
    Bol,

    There is nothing wrong with dish washing as long as I earn my bread honourably with my own sweat! It is wrong and dishounarable to earn your bread by licking the white-man shoes for the sake of an asylum visa and live on weekly hand-out as a slave and a parasite.

    I am not from south sudan, only I got my uncle who worked as a teacher in the south and was killed by the rsbells in the early 60 th. I am not from EEQ, CEQ or WEQ! What is wrong of these people they are equaly southerners and they are fine civiliazed and educated people and I donnot see anything wrong of being one of them.

    There is no slaves in the Sudan , slavery only exist in the RoSS where more than 500 child are snatched from their mothers and enslaved forever.

    Reply
  • twins
    twins

    Abyei remains contested area between Sudan and South Sudan, says SPLM official
    MINDED.DUDE

    You have said it all brother. In case you haven’t notice, Luo of Kenya and Uganda are not related to Lou of south Sudanese. What we have in South Sudan is Lou. If you pay attention to the spelling, you can see the different. While Dinka Ngok of Abyei are very brothers of ours in blood.

    Not only should we fight for Abyei, Blue Nile and South Kordufan are also ours. However, I should warn our politicians not to waste our resources on Abyei negotiation becuase that wouldn’t work anymore as the time goes. Our government should just get us ready for the very BIG excercise against the North if we really want to contest for Abyei or any of these three areas otherwise we are wasting out time and money. Negotiation WOULDN’T SOLVE these cases.

    Reply
  • pabaak
    pabaak

    Abyei remains contested area between Sudan and South Sudan, says SPLM official
    Abyei belongs to South Sudan whether you guys in North like or not,we will get it back even without fight,the NCP Government in Khartoum, the only obstacle in the way is going to fall soon, why waste time and our resources for this none beneficial negotiations,don’t we want these resources for other needs, led us use better strategy here.

    Reply
  • Anti Dinka's
    Anti Dinka's

    Abyei remains contested area between Sudan and South Sudan, says SPLM official
    just say we run away from Arabs Islamic military

    The government of Dinka’s fail to protect you and your Dinka’s tribe in Abyei full stop

    get it by military power if you really have it i doubt

    Reply
  • Cadaai ?o?
    Cadaai ?o?

    Abyei remains contested area between Sudan and South Sudan, says SPLM official
    Historian and Identity Advocacy View:

    In my personal view, I think North Sudan government needs to give other people their rights based on mutual respects. These regions of Abyei, South Kordufan, Blue Nile and Darfur are in need of rights to freedom of democracy in anyway possible. Because in North Sudan I don’t see where our former brothers and sisters in North Sudan would be able to control those regions responsibly without allow them to choose their own destinations or identity. Also, I think Northern Sudanese are still behind old days of politics where people use to give up easily. North Sudan, things are dramatically changing nowadays to different views towards new world system of choices. That’s just piece of my advise to our former brothers and sisters in North Sudan.
    To conclude my point, hello president Beshir, would you please leave my brothers and sisters of Abyei alone. If it is oil why you refuse them to come to South Sudan, to me that’s just a simple reason my former president. Your country of Northern Sudan has a lot of oil if your Administration would be able manage it well in regards to your people you represents. So please Mr. president Beshir leave Abyei for South Sudanese’ because I couldn’t see the reason why you take hostages of our people.Just let them come to South Sudan like what you have done to South Sudan few months back.
    Mr. Beshir, I am looking forward for your leadership based on truth and understandings of other people rights. Abyei people in North Sudan would be like someone mixing grains with sand when it comes to this people identity and history background shows where they should be.
    “Peaceful way is always better deserving to people than bloodshed way of precious bloods through wrong reason.”

    Reply
  • WILLIAM GREGORY THIEPDIT AKOL
    WILLIAM GREGORY THIEPDIT AKOL

    Abyei remains contested area between Sudan and South Sudan, says SPLM official
    If the politics loose the rights of the people with as the citizens of that country especial the brothers Twic,Malual, Two Awans Aguok,Apuk and Nuer Bentiu youth, if we hold guns and fought with the whole north Sudan not Bagara we can clean it in a time because we are the majority than Arabs if we take just only one from each family than wasting our time in UN international community just nonses

    Reply
  • WILLIAM GREGORY THIEPDIT AKOL
    WILLIAM GREGORY THIEPDIT AKOL

    Abyei remains contested area between Sudan and South Sudan, says SPLM official
    If they choose do you know? that was when Sudan is one but if their brothers return to their own land are they going to be still if so it might not be the Arabs to be Sudan because they came from Arab Peninsula and they stay till now making troubles because Ngok are known as Dinka Ngok not Arab Ngok and Abyei is going to return by hook or crook if you like.

    Reply
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