Home | News    Sunday 22 June 2008

Sudan peace partners agree on The Hague to arbitrate Abyei

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By James Gatdet Dak

June 21, 2008 (JUBA) — A two-day meeting of the Joint Political Executive Committee between the National Congress Party (NCP) and the Sudan People’s Liberation Movement (SPLM) agreed to submit Abyei border dispute to an international court based in The Hague.

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Sudan First Vice President Salva Kiir (R) shakes hands with the Vice President Ali Osman Taha in Juba on Saturday June 21, 2008 (SUNA)

The joint committee was co-chaired by the Vice President of the Sudan, Ali Osman Mohamed Taha and Vice President of the Government of Southern Sudan, Dr. Riek Machar Teny. Vice President Taha flew to Juba on Friday morning heading a high level delegation of the National Congress Party (NCP) to discuss issues on CPA implementation with the SPLM.

The two peace partners agreed to refer their dispute over the Abyei permanent boundaries to “final and binding arbitration under the Permanent Court of Arbitration Optional Rules” for arbitrating disputes between two parties of which only one is a state, said Dr. Luka Biong Deng, the Minister of Presidential Affairs in the Government of Southern Sudan.

On June 8, the parties signed Abyei roadmap agreement to break the three years of deadlock on implementation of the Abyei Protocol.

The roadmap provides for establishment of Abyei area administration with its interim boundaries, implementation of wealth sharing agreement, return of internally displaced persons (IDPs), deployment of a new Joint Integrated Units (JIUs) and redeployment of the forces of both the Sudan Armed Forces (SAF) and the Sudan People’s Liberation Army (SPLA) beyond the interim boundaries of Abyei area.

The two parties, however, failed in the roadmap agreement to reach an understanding on the actual Abyei boundaries and resolved that a permanent solution would be reached through an international arbitration, subjecting the Abyei Boundary Commission (ABC) Report to such arbitral tribunal.

In the Saturday’s Juba meeting, the two parties have agreed on The Hague in The Netherlands to be the venue for arbitration and that the number of arbitrators shall be five.

They also agreed that each party shall appoint two arbitrators from the list of the Permanent Court of Arbitration (PCA). The four appointed arbitrators shall in turn appoint a fifth member to chair the tribunal.

The meeting also resolved that each party shall be availed equal and simultaneous opportunities to fully present its cases covering all issues of form and substance.

Issues to be determined by the arbitral tribunal shall be to decide 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 arbitral tribunal determines that the ABC did not exceed its mandate, it shall make a declaration to that effect, and order for the full implementation of the ABC Report… and if the arbitral tribunal determines that the ABC Experts exceeded their mandate, it shall make a declaration to that effect, and shall proceed to define and demarcate on map the boundaries of the Nine Ngok Dinka Chiefdoms transferred from Bahr el Ghazal to Kordofan in 1905, based on the submission of the parties,” explains a press statement released on Saturday.

The Parties also agree that upon the signing of the Arbitration Agreement, the Permanent Court of Arbitration (PCA) shall provide full registry services and administrative support to the Abyei Arbitration Tribunal and the Parties.

The National Congress Party rejects the ABC report and says they exceeded its mandate because the commission attributes a territory northern to Bahr al-Arab (Kiir river) to the Ngok Dinka. The experts say their mandate was limited to define the nine Ngok chiefdoms and not to define 1905 boundary.

(ST)

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  • 22 June 2008 06:44, by Michael Madit Magot

    Is CPA being rewritten by Riek Machar or what?
    The arbitration of the Hague is another step to destruction of CPA.

    Riek must be cautious on his unnecessary negotiation.

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    • 22 June 2008 06:55, by Ayuen Buol mum

      Madit...reread the article, its said that if Ayei boundary commision or ABC review wether it violate the north-south border. Don’t blame Dr Riek, I think he is the one that the north understand...and I agree with what he is proposal that the commitee should go to Netherland and revise the ABC both the north and the south.

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      • 23 June 2008 02:53, by Michael Madit Magot

        Thank Ayuen mum! I was just in a hurry when i came across it.

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    • 22 June 2008 07:57, by samuel nyok kuat kur

      Dear Michel Madit Magot.
      I think you misunderstand what Dr. Riek is doing please calm down and relax my friend, Dr Riek is not a simple person as you have imagine. He is a great man with a nice heart, in addition, he is the second figurative person in the political arena in southern Sudan, he should be respected as well as we respect ourselves, and if we don’t respect him we don’t respect our selves and our beloved south.
      Brother, we should respect our politician as our fathers and our elder brothers.
      And God bless you.

      repondre message

      • 22 June 2008 15:57, by Majak-da

        Refering Sudanese cases to The Hague is good

        I thinks this is a good move. Our leaders should as well be willing to hand over suspends of war crimes and crimes against humanity. There are these caes which the GoNU need to glance at and be willing too to refer to the ICC;

        1. The Minister of Humantarains Affairs in the GoNU should be handed over because his case is also complicated as The ICC demanded him for his involvement in Darfur suffering.

        2. Also to be added in the list along side Abyei Boundary Commission is Dr. Riek Machar for killing people in 1991. The two men; Dr. Riek and GoNU minister Harour should be sent together in a show of Sudan’s willing to cooperate with ICC.

        Mr. Kuat or Kur,;

        When is it that Dr. Riek becomes "not a simple person?" You advanced and calling Riek as "a great man with nice heart." What is nice heart? Are speaking in venacular in an international forum? Is the "nice heart" that of a bull so that it is edible and thus nice, or that heart which brews killing of innocent lives? You should reframe if you also brided to defend ailing politicains because you are still young.

        These agreements between Khartoum and Riek have been failing several time in years and there is NO evident that these two are expectional!

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        • 22 June 2008 19:20, by Gatwech

          Majang-da,

          You seem not to understand the subject matter! If you hate Dr. Machar so much and can accuse him of any thing, and I mean any thing, then why don’t you gather your so-called evidences of his crimes, submit them to ICC and let them look at them, ah! But don’t get ashamed if the ICC laughs at you. Oh, boy!

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        • 22 June 2008 19:42, by Ayuen Buol mum

          Guys leave Dr Riek Machar a lone....and respected him as other people who made some huge mistakes and suffering to the southern sudanese. Iam a pure Dinka and we should not blaming for the 1991 Dinka Bor mass killing which including late Dr Garang De mabior hands too. Come on people and grow up this is not a time of attacking individual affiars. Let be a nationalist and believe in other people as our brothers with full respect regardless of where they come from and their background.
          If you are serious about the 1991 why the SPLA leave Reik and not put him into prision. let forget it as he was wellcome long time ago by the people who suppose to arrested him.

          let him do his job and if not than this is where you have right that he is not capable and I think this is a right man in the right place to negotiate with the NCP leave a lone Salva kiir.
          people think big and outside the box....and you will be the next heros of the southern sudan and not rigid minded with tribalism.

          Thanks

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          • 25 June 2008 04:00, by Moses Kur Akech

            I appreciate your advices to those who claim to be yearning for unity and democracy of the Southerners while on the other preaching the past misdeeds committed during the struggle.

            I reiterate again that people who often preach those atrocities committed in the times where people were under difficult circumstances do no good than sowing hatred and tribalism in the country. Hatred and tribalism are undisputedly anti democracy and unity. There can never be a genuine democracy and unity when there is a prevalence of tribalism and hatred.

            Why can we just ’let go’ the past wrongdoings and mitigate from them so that we can have a chance to live as Southerners than being Nuer,Dinka,and Murle of the past. The development and civilisation will not fully prevail if we do not forget about the past misdeeds and work jointly as brothers and sisters.

            Our rational thoughts and views that we share in this virtual space can bring the change that we are desperately seeking to develop the South Sudan. I vehemently regret the stance of those who tend to get off the right way and focus on issues that draw us back.

            Cheers!

            Moses Kur

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        • 23 June 2008 00:46, by samuel nyok kuat kur

          Mr.Majak da.
          I don’t know what do you mean "you still young" for saying Dr. Riek is nice person and not a simple person, which makes you to insult me, if i said Majak is nice person, what crime i did for saying that?
          I think this electronic board is not for personal issues. what i want to tell you my brother you should respect someone as you respect yourself, as i do respect you and put you on my head if requires, because i don’t know you.
          As we do not have any personal issues between us. In addition, our communication should be friendly for our future benefit.
          We do not need to insult each others.
          Thanks. God bless you.

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          • 25 June 2008 00:17, by Ahasakmoi

            Majak-da is equally like Gatwech , I believe in the next few days, the authority of this wed will subscibe him off like Gatwech.

            Give us real things, you tribalistic idiots

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        • 25 June 2008 09:30, by Mr.Big Eye

          You Bustard Majak-da

          What do you think could be your difference with an animal, even a pig today understands better than you, why don’t you go back to school and learn how to read and understand what you are supposed to say to the public? What is your problem with our leaders here in the Southern Sudan, kindly don’t pretend to be a Southerner while you are our enemy. Assuredly Majak-da you are greater than an enemy and more than Satan. We the Southerners including your parents, sisters, brothers and relatives wish you hell and everlasting pain in the rest of your life. What is your problem really with Dr.Riak? Jealousy because of his higher education or what Majak-da, I’m really failing to understand you empty Bustard please you better continue washing the plates of your jalaba. i love Ayuen Mum,Nyok Kuat and even Madit who latter on discovered his mistake these are true sons of Southern Sudan

          you can reach me through mdengmakur@yahoo.com

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    • 22 November 2012 18:33, by chinjustbeen

      I am interested in this subject matter and would like to explore out some more information as my colleague need information on this topic. Do you have any other post on this? Cheers!
      stay at home income

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  • 22 June 2008 06:49, by Ayuen Buol mum

    Why do the parties bit the bush around when the reality was that the ABC is the real international expert democartion which explain everything from both side. This is not good when a dog drink what it has already vomited. When the NCP rejected the international arbitration and claim that it exceeding the mandate which was well documented by the international expert. I think there is noway that the NCP dodging the Abyei protocal other than implemented it before the general election. or choose not to implemented the CPA according to my opinion.

    The Abyei ABC is a well documented and analysis to both the North and the South and I don’t see why the north is doubting about its mandate. therefore, I salute Osman Taha for his hard working and recognition about this big mistake of not excepted what is right for the sudanese.

    you are the only Northerner who is interesting to reconcile both the north and the south otherwise your party is not in good faith with the southern sudanese.
    Thanks

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  • 22 June 2008 08:42, by Akol Liai Mager

    Two parties agreement to take Abyei issue to International Court in the Hague souds both reasonable and funny.

    But first, let me congratulate both Government of Southern Sudan and SPLM for making Northern sectarian leaders fly from Khartoum to Juba to discuss North-South and other national issues.

    Juba, El Fashir, Khaduguli, Kassala and Dongola ought to be given rights of commodating national capital city of Sudan. That’s because Khartoum has been a symbol of oppression and seems to remain so.

    Back to the article, Firstly, the agreement sounds reasonable because a legal or political solution to Abyei issue that is based on justice and convincing evidences worth seeking it from anywhere including Hague. Those evidences, however, should exclude the so-called 1956 boarder. The 1956’s boarder was established by Jallaba-North, British and Egyptian in the complete absent of the Southerners in which the boarder favoured northern Sudan.

    Secondly, the agreement sounds funny, especially for the side of NIF/NCP. It’s clear that, nobody in the NIF/NCP leadership who can see how petty it is to go for international court in Heague with Abyei issue.

    The regime of a day in Khartoum like her past sisters regimes, has always claimed to be Sudan’s people and land unity protectors whilst some lands are being occupied by foreign troops.

    Hallieb will take NIF/NCP, Umma and DUP to the Heague as soon as Heague finish Abyei issue. And if SPLM is to win 2009 elections of which I am optimistic of winning them, the Sudan government lead by SPLM will take Egypt to the Heague over Hallieb issue.

    NIF/NCP shamelessly, go ahead to the Hague and Hallaieb is watching you.

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  • 22 June 2008 10:32, by samuel nyok kuat kur

    Dear southerners politicians. Hon Dr. Riek Machar,Hon Dr. Luka Biong Deng Kual. I know both of you knew northerners well more than i know them,because you have studied in Khartoum University with whom they thought southerners are stupid,but i bet them we are not stupid as they thought.Please, my brothers and fathers proof to them that we know what they didn’t show, which is mean we are very smart people go ahead with prefect project of our benefit, and we will be always behind you,helping your brother General Salva Kiir as you did to our late hero Dr. John Garang de Mabior deng Arway. Please steer on Ali Osman he is coming again with another package of lie as he came with it yesterday when he signed Machakus in Kynia, as he was the one who signed Abie protocol, and denied it in front of you and national community after his arrival in Khartoum, and the same lie happened many times to our previous southerners politicians after they had been promised southerners like Dr.Mohamed Ahmed El Shangithy one of the northerners educated figurative in that time, after they met southerners politicians and chiefs in Juba at round table conference, 1947. Which they broke it in the Saturday night meeting before Sudan independent December 31,1955, leaving southerners politicians out of that meeting. And it was very important meeting between Sudanese and colonials partners British and Egypt.in the morning of independent in January 1, 1956,they met southerners politicians with an embarrassment, but they tried the first lie ind their lives, which it became their habit for facing southern Sudan problem when its comes up,and they thought it was a successful, specially when they saw southerners politicians have calm down for a while, so they say the lie it works. But it is not because their lie its works as they thought, because some of politicians were weak in their financial situations at some times specially when they had fund them with money for needs, their politic that they called "let your dog be hungry its will follow you." Brothers in the country be alert of this poise it could poison the holy land southern Sudan.And the same lie they did in 1972, and broke it by the president Gaffer Mohamed Nomery, and he told the lawyer Mr. Abel Aliir one of our figurative politicians in south,when he asked him why he breached Adisababa accord he answered Mr. Abel that the accord was not from holy quran nor from the Bible, and that was the second lie from them,which resulted as the S.P.L.M/A . and the third lie they did to DR.Riek Machar,Dr. Lam Akol Ajauwin,Arok Thon Arok, and Karbino Kwangin Bol in April, 1997,and they are trying the same scenario to the Nivasha accord which is CPA.
    Brothers and fathers, making agreement is not bad but we should be alert of any smartness from our enemy. We know they have agreed today with us today for the issue of Abie boundary to take it to the international court,but to morrow they will say a different thing like they did to the Abie protocol, also,the same court wants to arrest their cabinet Ahmed Haron who is a member of the Abie file with Dardiry Mohamed Ahmed. I know they will say if the international court decided that the area of Abie its the south area as we know, they will come with different word that they don’t consider international court because they are not a member there as they said at case of Ahmed Haron. they just want to waste the time until they will gain another idea.So i urge you my people to be firm in Abie issue because if they took Abie they will also come to the Bentiu territory, special bordering counties like Beimnum , Mayum , Robkona,hegilige as they are trying to do now, plus panreing,Agok,Aweng until Warap territory. So we southerners should not take this issue as easy problem or Abie problem alone as i heard from some of southerners in 1990s.I know nobody feel that way now. because most of us knew their right.
    Good luck.

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    • 22 June 2008 11:39, by Atenymaker

      Dear readers

      What Simon Ayuen Kuot has commend about nothern elite wholly upon the south is the fact. Yes for sure till nowadays they use to lie to Southerners regardless the dignity to strategize.

      Simply Simon, you knock the nail on the head.

      View online : Sudan peace partners agree on The Hague to arbitrate Abyeiudan peace partners agree on The Hague to arbitrate Abyei

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      • 22 June 2008 11:43, by Atenymaker

        I apologize for mispelling Samuel Nyok Kuat Kur

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        • 22 June 2008 15:37, by John Mou

          The Hague has nothing to do with Abyei boundary. ABC should not be amended but should be accepted as it is if the two partners to CPA want to reach solution on Abyei.

          What I personally expect from the meeting held by the CPA signatories is to agree on the Hague to try the commander of the 31 Batalion and his followers who caused destruction and lost of lives in Abyei.

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  • 22 June 2008 20:04, by Ajuong Ayany De puorgook

    Riek should be included in the Trail because of 1991 Jonglei genocide

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