Boundary Demarcation: Sudan Comprehensive Peace Agreement

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Boundary Demarcation: Sudan Comprehensive Peace Agreement

Implementations

Boundary Demarcation – 2005

According to the Abyei Protocol, which was part of the 2005 CPA, the Abyei Boundaries Commission (ABC) was to be composed of five members from the government, five from the SPLM/A, and five ‘international expertsÕ from the US, UK and the IGAD. The government was required to nominate two from the Messiriya and the SPLM/A from the neighbouring Dinka tribe in the Abyei area. The experts in the commission were to consult the British and other relevant archives. The ABC was instructed to determine the boundary to be included in the special administration. The commission was expected to deliver its final report by the end of pre-interim period or 9 July 2005.

According to the CPA mandate, the ABC started its work in April of 2005. The experts presented the rules of procedure for the ABC to the parties on 11 April 2005, which parties accepted. In rules of procedure, it was said that the “commission will endeavor to reach a decision by consensus. If, however, an agreed position by the two sides is not achieved, the experts will have the final say.”1 The government of Sudan and the SPLM/A members of the ABC submitted to the experts the two partiesÕ preliminary presentations. Then, the ABC flew to the town of Abyei. The ABC heard testimony from locals for six days. After the visit, the ABC flew to Nairobi, where they reviewed their notes and the testimony heard in southern Sudan and consulted with IGAD. The experts returned to Khartoum on 27 April and for the next two weeks examined historical documents and surveys. They also listened to the testimony of a group of Ngok Dinka and a group of Twich Dinka in Khartoum.2 According to the report, the experts also went to Oxford University where they examined documents and maps. Then, they travelled to the University of Durham. In England, the experts consulted experts and anthropologists. The government and the SPLM/A positions differed. The ABC submitted its report to the Presidency on 14 July 2005, five days past of the 9 July deadline. The presidency, however, failed to agree on the adoption of the report.3

  1. “Abyei Boundaries Commission Report- Part I, ” July 14, 2005, accessed January 18, 2012, http://gosscanada.org/pdf/abey_boundary_com_report-1.pdf.
  2. Ibid.
  3. “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, February 2006.

Boundary Demarcation – 2006

The parties failed to approve and implement the ABC report. Nevertheless, in May 2006, the National Congress Party and the SPLM joint leadership meeting referred the deadlock over the report to its political sub-committee for consideration. The NCP-SPLM joint high political subcommittee considered four different options: a) reach a political agreement; b) call on the ABC experts to defend their recommendations; c) refer the matter to the Constitutional Court or d) seek arbitration by a third party. Nevertheless, the deadlock continued in 2006.4

  1. “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, February 2009.

Boundary Demarcation – 2007

The deadlock on the ABC report continued. Nevertheless, at the invitation of government of southern Sudan and following strong criticism from the National Congress Party, the ABC experts went to southern Sudan to defend the commission’s finding. They stressed that the findings were based on scientific facts and they did not overstep their mandate.2

Boundary Demarcation – 2008

Unable to resolve deadlock on the ABC report, the NCP and the SPLM joint political committee reached to a roadmap agreement that included four points dealing with security arrangements, the return of the displaced persons, the interim administration and the international arbitration tribunal. The agreement was signed by Sudanese president and the ceremony was attended by the First-Vice President on 10 July 2008.5 On 11 July 2008, the arbitration agreement was deposited with the Secretary-General of the Permanent Court of Arbitration (PCA).7

  1. “Sudan: Plans for Interim Administration in Abyei Detailed,” BBC Monitoring Middle East, June 10, 2008.
  3. “Abyei Terms of Appointment,” PCA, 2008, accessed January 18, 2012, http://www.pca-cpa.org/upload/files/Abyei_Terms_of_Appointment_signed_24… According to the Abyei Terms of Appointment, the GoS appointed two arbitrators on 14 August 2008 and the SPLM appointed two arbitrators on 15 August 2008. The presiding arbitrator (the fifth one) was appointed by PCA on 27 October 2008. The terms of appointment were signed by both sides and the five arbitrators on 24 November 2008. The SPLM and the GoS filed their memorials on 18 December 2008.6“Permanent Court of Arbitration,” The Government of Sudan / The Sudan People’s Liberation Movement/Army (Abyei Arbitration), accessed January 18, 2012, http://www.pca-cpa.org/showpage.asp?pag_id=1306.

Boundary Demarcation – 2009

International arbitration on Abyei continued its work. The GoS and SPLM submitted their counter memorials on 13 February 2009. The oral pleadings continued for six days from 18 April to 23 April 2009. The Tribunal rendered its final decision late in July 2009. “On 22 July 2009, the Abyei Arbitral Tribunal at the Permanent Court of Arbitration rendered its decision in the Abyei dispute, finding that the Abyei Boundaries Commission (ABC) had exceeded its mandate in some locations, but it also upheld ABC recommendations in others. The Tribunal determined that the Abyei Area’s northern boundary lies along latitude 10°10′ North, its western boundary along longitude 27°50′ East, and its eastern boundary along longitude 29°00′ East. The SPLM, NCP, and senior Misseriya and Ngok-Dinka tribal leaders all publicly reaffirmed their commitment to accept the PCA decision as final and binding.”8 The border technical team, which comprised three from ruling national congress party, three from SPLM, two from international communities and four invited independent journalists arrived in the area on 10 September 2009.9 Nonetheless, the demarcation of border stalled and was not completed in 2009.

  1. “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, December 2009.
  2. “Border technical demarcation team arrives in Sudan’s oil-rich Abyei region,” BBC Monitoring Middle East, September 11, 2009.

Boundary Demarcation – 2010

The demarcation of border stalled in 2010. The parties were said to have talks over the disputed territory of Abyei on the north-south border in the Ethiopian capital Addis Ababa in November 2010.10 This issue, however, was not resolved in 2010.

  1. “Sudan; SPLM – Abyei Talks Due to Resume Next Week in Ethiopia,” Africa News, November 6, 2010.

Boundary Demarcation – 2011

The dispute continued over border demarcation as well as over who was eligible to vote in the Abyei referendum. As a result, a referendum planned in Abyei on its future status was never held.11 As a matter of fact, Sudan invaded and occupied Abyei in May 2011.6Jeffrey Gettleman and Josh Kron, “Warnings of All-Out War in Fight Over Sudan Town,” New York Times, May 22, 2011, http://www.nytimes.com/2011/05/23/world/africa/23sudan.html?pagewanted=a… Sudan and South Sudan had agreed to pull their troops out of the disputed territory by the end of September 2011. The UN peacekeepers were deployed in the region to maintain peace as the disputed territory became a flashpoint between the north and the south.

  1. “Sudan, South Sudan to pull out troops from Abyei – UN,” BBC News Africa, September 9, 2011, http://www.bbc.co.uk/news/world-africa-14849100.