Home | News    Friday 17 April 2009

Oral hearing of Abyei Arbitration to begin on April 18

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April 16, 2009 (LONDON) — Sudanese government and the Sudan People’s Liberation Movement will present their oral hearing on Saturday April 18 before the Abyei Arbitration at the The Hague based Permanent Court of Arbitration (PCA).

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Members of the Tribunal, photographed on November 24, 2008. Standing from left to right: Professor Gerhard Hafner, Professor Pierre-Marie Dupuy (Presiding Arbitrator), Judge Stephen Schwebel. Seated from left to right: H.E. Judge Awn Al-Khasawneh, Professor W. Michael Reisman (Photo PCA)

The pleading will last from 18 to 23 April. The two parties, their counsel, experts, observers and witnesses will take part at the hearings. Within 90 days of the close of the oral hearings, the arbitration will issue their final and binding decision.

The five judges have to determine whether or not the Abyei Boundary 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."

The tribunal shall apply and resolve the dispute before it in accordance with the provisions of the Comprehensive Peace Agreement (CPA), particularly Abyei Protocol and Abyei Appendix.

Abyei Protocol provided to establish an Abyei Boundaries Commission tasked with defining the boundaries of the Abyei Area. But the National Congress Party rejected the findings of the commission which had been issued in July 2005.

The two signatories of the CPA agreed on June 8, 2008, in a roadmap to resolve Abyei disagreement, to refer their dispute to an arbitration tribunal. They formally referred their case to the PCA on July 12, 2008.

Southern Sudan government accused the federal government of delaying the delivery of the necessary funds to cover the expenses requested by SPLM for the arbitration. GOSS Presidency Affairs Minister, Luka Biong said the delay adversely affected the preparation of SPLM defense.

Biong said they had not been able to obtain important information they supposed to have since last February. Also he said that they averted some lawyers due to lack of money. However, he admitted that Khartoum transferred one day before the departure of their committee the necessary 880,000 USD. He added they had requested one million dollars.

According to Article 11 of the arbitration agreement signed in Khartoum on July 8, 2008 by Vice President Ali Osman Taha and SPLM Deputy Chairman Riek Machar Teny, the Presidency of the Republic of Sudan is required to order payment of the cost of arbitration from the federal budget.

(ST)

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  • 17 April 2009 05:17, by Mel mosa

    Money can talk. Bashier always pay more money to overcome his crimes. what prevent him to buy Abyei through paying more money to lawyers? So, the Southern Sudan government should be careful about.

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    • 17 April 2009 10:55, by Gatwech

      Abyei Oyeee....

      I am disappointed with the Government of South Sudan. If they knew that the Khartoum government was going to delay the release of one million dollars for the court case to SPLM to hire lawyers, then South Sudan government should have secretly paid the SPLM the one million so that preparations were to be taken much earlier. Then if the Khartoum government releases the money later, it would refund the money paid by South Sudan government. But because of the corrupt and incompetent tribal administration of GOSS, it even forgot the importance of the court process which is to rule on demarcation of the whole Abyei’s terriorty. Why ignore such an important process? Damn!!!

      Abyei oyeee.... Ngok Dinka Oyeee....Abyei Roadmap Oyeee...

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      • 17 April 2009 12:22, by Arochthon

        Gatwech

        Congratulations,

        Your understanding in regard with today’s article, it has united the writers and the whole of south Sudanese who reads on this web site.To tell you, I hope if you continue like that no one would even bother to object your comment, stop being bias and we will correct our one government.

        It is absolutely correct that the delay was caused by GOSS, if they knew that these human beings(Arabs) are much more tricky than anybody then they would have taken it as first priority to serve abyei from exploitation. it is now that Arabs fails to pay the money that they are shouting but yet Arabs have nothing to lost, it is still GOSS that carries the burden. I totally agree with you on that issue.

        But nonetheless the use of word GOSS ,I think it is the right word that would unite South Sudanese than calling it SPLM government or Dinka,it is government of southern Sudan whether there are some corrupt elements or not, the government comprises of every community each an very one is held responsible to carry out his obligated constitutional duties reasonably. I know many people have many hearts because heart encompasses many chambers and this is exactly what is happening in GOSS.

        Nobody would deny that SPLM gave accommodation to some politicians who even opposes it including those who refused to give one million dollars for lawyers, it was for that intention to blame SPLM at the outrage . To correct you it is not only SPLM Lawyers but any south Sudanese lawyer who is competent enough to brainstorms to achieve the main objectives stipulated in the CPA.

        Arocthon.

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        • 17 April 2009 13:02, by Gatwech

          Arochthon,

          I also congratulate you for not provoking me. You know, I am very reasonable and if not provoked by a certain tribalist like some of you used to do, I can continue straight. However, no matter the road you walk through is very straight, if a snake comes your way infront of you as you walk the straight way, you jump to the side to let it pass before you resume with your straight road. Or you decide to beat its head and crush it! Those of provoke me by attacking leaders from my community on tribal basis are like snakes on the road.

          Any way, yes Government of South Sudan did a very big mistake by not giving the SPLM one million much earlier to hire those international experts or lawyers to defend the case of Abyei in The Hague.

          I particularly blame the so-called Presidency in Khartoum, especially our incompetent President Salva Kiir for not pushing for the release of money or looking for alternatives in GOSS.

          The last paragraph of the article above says, "According to Article 11 of the arbitration agreement signed in Khartoum on July 8, 2008 by Vice President Ali Osman Taha and SPLM Deputy Chairman Riek Machar Teny, the Presidency of the Republic of Sudan is required to order payment of the cost of arbitration from the federal budget."

          You see, the Presidency consists of three leaders: Omar Al-Bashir, Salva Kiir and Osman Taha. Did Salva Kiir push for the release of money in the Presidency? Did he inform GOSS on the need to pay one million to SPLM to prepare for the court case if Khartoum delayed to release the money?

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      • 17 April 2009 12:31, by Abednego Majack Macharial

        Thanks Mr. Gatwech,
        You are absolutely right on this issue. Depending on Khartoum for every taste and bites is completely like a blind person sharing food with someone who can see. If the seeing person hides all the meat in the dish, the blind one cannot disputed the fact that he is doubts of the other. If SPLM knows that they are in need of one million $ to hire lawyers, why didn’t they ask the GOSS to do it. Millions of dollars are being wasted everyday for issue that are of less meaning than that of Abyiei. SPLM, please don’t led us down on this issue.

        Thanks

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      • 17 April 2009 22:46, by Aduol Liet

        Gatwch, Where did you get this good attitude you are posting? we have been seen a lot of you guys from Neurs appear to post something against Dinka always and that turn people back to think about what DR, Riek Machar Teny did in 1991. Today, I am absolutly appreciates your article but your comment has already damage Riek Machar Teny in many ways and I would recommending you and others your Neurs people to be polite when it come to politics matter.

        You can see many people are telling you that, your article reading is good for the first ever but trying to behave good because one Tribe in Southern Sudan will be call nation and single Dinka all the time it will not and that is my advice and those always to abuse Dinka Tribe.

        Sincerely
        By Aduol Liet.
        U.S.A

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  • 17 April 2009 13:37, by Micheal Kerkuei

    Abyiei Edong wei ka de?

    I want to imagine that what was needed for the court to proceed at the time was none other than money. The lawyers would not mind recieving money from any source, being SPLM or the ruling NCP. The Kiswahili proverb goes: ’Majuto ni majuku’ meaning regret comes after a long time. There is two ways about it, the SPLM is regreting now for what it should have solved long long time ago, but was hindered simply because money was channeled into the bottomless pockets of some key figures in the South.

    These money-minded figures who take public money home must understand that the sole source of much more money is Abyiei,and so they must ensure the Abyiei boundary is demarcated correctly and promptly.

    If all Southern Sudanese and especially the government officials could join in singing the tune: "Abyiei e dong wei ka de?" then all can be solved with ease instead of blaming Al Bashir of NCP who is day and night not only thinking about how to please the ICC so as to forget about the arrest warrant issued on him, but also planning for the welfare of his Northern Sudanese.

    Let’s forget about money and secure the land of Abyiei now, Amen!

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    • 17 April 2009 17:49, by mack waweru

      Whoever believes that ABYEI will be annexed to the north is an illusionist. Let’s hope and persevere, instead of giving in to despair and heartbroken.For sure Arabs are cunning, but the truth will expose and prove them that they are bunch of liars even though they have refused to release the money.
      There are many lawyers around the world who sympathize and stand in solidarity to our cause. Hopefully, the International Court of Arbitration will rule that Abyei is a southern territory.
      Yes, there is no denial that all Islamic and Arab countries support notherners on core issues which are related to South Sudan, specially the case of all the border areas and in particular Abyei.With their wealth, they will never achieve anything in this dispute. We will rely on the court and for most, our people. The people of South Sudan. Abyei is Our "Jerusalem" and will never part from it by any cost.
      Mack

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      • 17 April 2009 23:34, by William Okuch

        Deng Majowk had sold the Abey and Dinka people to the North in 1905 for his family benefits.Now SPLM has to bring Abey back with Southern blood or by paying millions of dollar for lawyers while our widows, orpahns and veterans are in destitution. After war, the whole Southern budget goes into pockets of Dinka and some dollar now to liberate Abey legally.

        Have we forget that Dr. John Garang had rebelled like Deng Majowk against the WILL of the Southerners by killing thousands of Southerners, by exterminating many leaders of Any-Anya two and replaced the call for southern Sudan independent movement with the Sudan people liberation movement that calls for united Sudan (NEW SUDAN).

        Is it not again disloyality of Deng Majowk and Dr. John Garang vision of united Sudan by re-annexing Abey to South?

        In doing this, is SPLM becoming rationale entity and is it not a confession to SSIM vision that called for separation?

        If SPLM is now fighting to integrate the sold pices of Southern lands into its integral, then what about the comardes from Nubian mountain, Blue Nile and Darfur who support SPLM because of the New Sudan?
        Is it though not a treason to our comardes from marginal areas who shedded their blood for NEW SUDAN?

        Since SPLM come back to the idea of separation, will its leaders publicly apology for millions of the Southerns that die for the wrong vision (NEW SUDAN)?

        I will conclude by giving the example from the Bible. Jews did not mix up with gentiles before Lord Jesus nativity. But Jesus came to break down the wall that divide Jews and Gentiles that He is the Lord of all and all are children of one God. It resemble the notion of NEW SUDAN that the whole Sudan land must not be divided.

        Any person who believe in Jesus become His disciple and must be abide by new law. Any person who support or is member of SPLM/A is abide by SPLM law.

        Peter one of the first disciple as Jew tried somtime to predict himself by not socializing with gentiles when there are Jews around.

        Saint Paul who was called Saul gave himslef to the work of God totally. One time he had criticized Peter position by saying this.

        "No one can build the house and destroyed it." That means they believe to follow Jesus by implemnting His instruction not by resfusing and accepting sometime.

        How can SPLM fought for years to achive the unity of Sudan and it is now breaking Sudan? That is clear coontridiction or confusiobn to its call and confession to the notion of SSIM.

        I have mentioned previously that our comardes which soon or later come to know the reality of Dinka call for SPLM, what they say from their mouths and what they do on the ground conflict each other.

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        • 18 April 2009 05:13, by Kim Deng

          William,

          You said it all and nothing left for me. Dr. Francis Mading Deng and his cousin Mr. Deng Alor ought to regret what their father did when he (Deng Majok) sold out great Abyei to arabized Nubian govt for his family benefit.

          But for Garang’s poor vision known as "United Secular/New Sudan," is a gone case because the criminal coward evil guy went hell alog with it. It is upto those of Nuba Mnts and Blue Nile who were betrayed by Garang’s blind vision "NEw Suan" to decide where they want to be between the South and the arabized Nubian govt (NIF.)

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          • 18 April 2009 18:11, by Maiwen

            I really regret the speech pf such a stupid people who always blame Deng Majok for the current situation of Abyei. I would really like to inform you that the area was redistricted to the North in 1905, and that is exactly before Deng Majok’s rein. The first thing that we should learn is how to address our own issues, and then how to find a suitable solutions for the problem.
            Let’s forget what was made by our grandfathers and start to find the best way out of these predicaments as we can not be blamed for the deeds of our ancestors.
            Today’s problem was made by dictatorship not through the will of our people, and our responsiblity is to find the right path out of it, so let’s be also strong and united always..
            Abyei Oyeeeeeeeeeee, Ngok Deng Kual Oyeeeeeeeeeeeeee

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        • 18 April 2009 14:48, by Jok Biong

          Mr. William your poor ideas and words reflect your mentality illness and lack of and information about Dinka Ngok and Abyei, people like you are ready to Arabs dogs.Its a waste of time to write my words to cowards like you.

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          • 18 April 2009 14:54, by Jok Biong

            Mr. William your poor ideas and words reflect your mentality illness and lack of information about Dinka Ngok and Abyei.People like you are ready to be Arabs dogs. Its a waste of time to write my words to cowards like you.
            Abyei oyeeeeeeeeeeeee

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            • 18 April 2009 17:05, by William Okuch

              How can I become Arab dog while I was able to retain my identity from erosion.
              Your Dinka in Abey and Renk are the real Arab dogs because they have been assimilated into Arab culture and Islam. That status give them zero class not third.
              Is that not true that Dinka in both areas become semi-Arab and Muslim.
              You will run but you will not hide from the reality. Ali Abdallh Atif whose name was honored with street name in Sudan was one of Dinka black Islamized Southerners. Was he honored for nothing or he had serve his master like Abel Alier and Dr. Garang. You are good servants to Arab not me. Proof how can I be Arab dog and what I write here that proof my mnetal illness. Big hypocracy.

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