Abyei
Encyclopedia
The Abyei Area is an area of 10460 square kilometres (2,584,720 acre) (4,039 sq mi) in Sudan
accorded "special administrative status" by the 2004 Protocol on the resolution of the Abyei conflict (Abyei Protocol) in the Comprehensive Peace Agreement
(CPA) that ended the Second Sudanese Civil War
. The capital of Abyei Area is Abyei Town
. The area is disputed by South Sudan
but controlled by the Sudanese government.
Considered a historical bridge between north and South Sudan, the Abyei Area had previously been considered part of the larger Abyei District
within the now-abolished state of West Kurdufan
. Under the terms of the Abyei Protocol, the Abyei Area was declared, on an interim basis, to be simultaneously part of the states of South Kurdufan
and Northern Bahr el Ghazal.
In contrast to the borders of the former district, the Abyei Protocol defined the Abyei Area as "the area of the nine Ngok Dinka
chiefdoms transferred to Kordofan in 1905". A multinational border commission subsequently established this to be those portions of Kordofan south of 10°22′30″ N. However, following continued disputes that erupted into violence and threatened the CPA, an international arbitration
process redrew Abyei's boundaries in 2009 to make it significantly smaller, extending no further north than 10°10′00" N. This revised border has been since endorsed by all parties to the dispute.
, a nomadic Arab people, who spend most of the year around their base at Muglad
in northern South Kurdufan
, would graze their cattle south to the Bahr river basin in Abyei during the dry season. At the establishment of the Anglo-Egyptian Condominium
, the Messiria were predominantly located in the province of Kordofan (considered “northern”), while the Ngok Dinka were located in Bahr el Ghazal
(considered “southern”). In 1905, after continued raids by the Messiria into Ngok Dinka territory, the British redistricted the nine Ngok Dinka chiefdoms into Kordofan. The reason was threefold: to protect the Ngok Dinka from raids by the Messiria and thus pacify the area; to demonstrate that a new sovereign power was in control; and to bring the two feuding tribes under common administration.
The two peoples began to take separate paths with the onset of the First Sudanese Civil War
(1956–1972), in particular the 1965 massacre of 72 Ngok Dinka in the Misseriya town of Babanusa
. The Ngok Dinka were thus drawn to the Anyanya
, while the Messiria were favored by the Khartoum
-based government and became firmly associated with the north. The 1972 Addis Ababa Agreement that ended the war included a clause that provided for a referendum allowing Abyei to choose to remain in the north or join the autonomous South. This referendum was never held and continued attacks against Ngok Dinka led to the creation of Ngok Dinka unit in the small Anyanya II
rebellion, which began in Upper Nile in 1975. The discovery of oil
in the area, among other north-south border regions, led President Gaafar Nimeiry
to try the first of many initiatives to redistrict oil rich areas into northern administration.
The Ngok Dinka unit of Anyanya II formed one of the foundations of the rebel movement at the beginning of the Second Civil War
in 1983. Many Ngok Dinka joined the rebels
upon the outbreak of hostilities. Partially as a result of their early entry into the war, many Ngok Dinka rose to leadership positions in the Sudan People’s Liberation Army (SPLA), becoming closely associated with John Garang
. In contrast, the Messiria joined the hostilities on the side of the government in the mid-1980s. They formed frontline units as well as Murahleen, mounted raiders that attacked southern villages to loot valuables and slaves. By the end of the war the intense fighting had displaced most Ngok Dinka out of Abyei, which the Misseriya state as justification for ownership of the area.
. The first protocol signed, the 2002 Machakos Protocol, defined Southern Sudan as the area as of independence in 1956. It thus excluded the SPLA strongholds in Abyei, the Nuba Mountains
and Blue Nile
, known collectively during the talks as the Three Areas. The SPLA negotiators then spent several years attempting to give these regions the right to a referendum in which they could decide if they want to be under the administrative control of the north or south. This would potentially mean that these regions would become part of a nation of South Sudan after the 2011 independence referendum
. The government blocked these attempts, stating that the Machakos Protocol had already delineated the border for the Three Areas in favor of the north.
The deadlock was finally broken by pressure from the United States
. U.S. presidential envoy John Danforth
circulated a draft agreement, which the U.S. convinced the government to sign despite its inclusion of a referendum. The Protocol on the resolution of the Abyei conflict put Abyei into a special administrative status government directly by the presidency. The precise borders of the area were to be determined by an Abyei Borders Commission (ABC), followed by a referendum commission to identify Messiria that are resident in Abyei and could thus vote in local elections in 2009; all the Ngok Dinka were to be considered resident, it being their traditional homeland.
, and one each by the United States and the United Kingdom
. Only the five impartial experts could present the final report. The five appointed were: Godfrey Muriuki of the University of Nairobi
; Kassahun Berhanu of the Addis Ababa University
; Douglas H. Johnson
, an author of several works on southern Sudan; Shadrack Gutto, a lawyer from South Africa
; and Donald Petterson, a former ambassador to Sudan. The ABC determined the boundary at approximately 10°22′30″N., 87 km (54 mi) north of the town of Abyei
, following the agreed rules of procedure. The process and the map showing the boundary is detailed by Johnson.
The ABC presented their report to the president on 14 July 2005, whereupon it was immediately rejected by the government
, who accused the experts of using sources after 1905 in their determination of the boundaries. The death of John Garang
later that month pushed all other issues off the national agenda, but the SPLA maintains that the terms of the Abyei protocol must be held to. Government resistance to an agreement is largely based on an attempt to hold on to the oil reserves and oil pipelines in the area.
stated, “What happens in Abyei is likely to determine whether Sudan consolidates the peace or returns to war.”. Armed violence erupted in the Abyei region during late 2007 and throughout 2008. Clashes occurred both between the SPLA and Messiria
fighters and between the SPLA and government troops.
Messiria leaders had objected to demarcation provisions of the CPA which they claim have a negative impact upon Messiria access to grazing lands. These grievances fed into armed clashes in December 2007, which killed at least 75 people, and further violence in February and March 2008, resulting in numerous deaths and civilian displacement. These clashes were considered by analysts to represent a serious threat to the peace process and trigger a resumption of civil war. The Messiria were not believed to be directly controlled by Khartoum, however analysts pointed out that local disputes over resources are readily manipulated by outside forces.
Following the violence of February and March, the Sudanese government deployed a contingent of 200 or more soldiers to Abyei town on 31 March 2008. Armed clashes between these troops and the SPLA occurred during May 2008 resulting in dozens of deaths and the displacement of an estimated 25,000 civilians. Much of Abyei town was razed; analyst Roger Winter stated that "the town of Abyei has ceased to exist".
, and the President of the autonomous Government of Southern Sudan
, Salva Kiir Mayardit
, agreed to refer the disputes between the Government and the SPLM/A concerning the ABC's determination of the Abyei area's boundaries to international arbitration at the Permanent Court of Arbitration
(PCA), in The Hague
.
The arbitration was presided over by an arbitral tribunal composed of five distinguished international lawyers - Professor Pierre-Marie Dupuy
, of France, as President, with Judge Stephen M. Schwebel, Professor W. Michael Reisman, H.E. Judge Awn Al-Khasawneh and Professor Dr. Gerhard Hafner. The tribunal adopted the PCA's Optional Rules for Arbitrating Disputes Between Two Parties of Which Only One is a State.
The SPLM/A appointed Dr. Riek Machar Teny, Deputy Chairman of the Sudan People's Liberation Movement and Minister Luka Biong Deng, as Agents, and Gary Born
, Paul Williams
and Wendy Miles as counsel. The Government of Sudan appointed Ambassador Dirdeiry Mohamed Ahmed as Agent, and were represented by Professor James Crawford QC, S.C., Dr Nabil Elaraby, Professor Alain Pellet, Rodman Bundy and Loretta Malintoppi.
Following extensive written pleadings, in April 2009 the parties presented their closing submissions to the arbitration tribunal over six days at an oral hearing at the Peace Palace, The Hague. In a groundbreaking initiative, the parties agreed to broadcast the oral hearing over the internet, which allowed those in Sudan and around the world to see the parties put forward their arguments. Following the hearing the arbitral tribunal then began its deliberations and, less than ninety days later, on 22 July 2009 rendered its final binding decision as to the validity of the boundaries for Abyei and the ABC had drawn.
The award ordered the redrawing of the northern, eastern and western boundaries, thus decreasing the size of Abyei. The size of Abyei is crucial to the political dispute, as its residents will be able to vote in a referendum on whether to become part of northern or southern Sudan. The redrawn borders give control of the richest oil fields in the Abyei region, such as the Heglig oil field, to the north, while giving at least one oil field to the south. Most of the Messiria are outside of the redrawn borders, making it far more likely that the region will vote to join the south. Announcements by both the SPLM and Government of Sudan that they would accept the ruling were hailed by the United States
, European Union
, and the United Nations
.
to intervene. South Sudan says it has withdrawn its forces from Abyei.
As of May 2011, the prospective referendum on Abyei's future status has been postponed indefinitely. The northern leader, President al-Bashir, dismissed the southern chief administrator of Abyei and appointed a northerner, Ahmed Hussein Al-Imam.
Protests were held in at least two Southern states, Upper Nile and Warrap, over the occupation of Abyei by Northern forces. Labor leader Abraham Sebit, leading the protest in Malakal
, Upper Nile, asked for intervention by the United Nations
and suggested a no-fly zone
could be established over Abyei. Governor Nyadeng Malek of Warrap also condemned the occupation.
, consisting of Ethiopia
n troops, were to be deployed under a UNSC resolution from 27 June 2011.
The peacekeepers began arriving in Abyei on 15 July 2011 after traveling overland from Ethiopia, just under a week after South Sudan
formally declared its independence. Both countries continue to claim Abyei, but the presence of the Ethiopians is intended to prevent the military of either from attempting to wrest control of it.
(Republic of Sudan) and Northern Bahr el Ghazal (South Sudan) until such time as a referendum
can determine the permanent status of the area.
An Abyei Area Administration was established on 31 August 2008.
A United Nations
peacekeeping mission, the United Nations Interim Security Force for Abyei
, has also been established to protect civilians and humanitarian workers in the Abyei Area.
, a large rift basin which contains a number of hydrocarbon
accumulations. Oil exploration was undertaken in Sudan in the 1970s and 1980s. A period of significant investment in Sudan’s oil industry occurred in the 1990s and Abyei became a target for this investment. By 2003 Abyei contributed more than one quarter of Sudan’s total crude oil output. Production volumes have since declined and reports suggest that Abyei’s reserves are nearing depletion. An important oil pipeline, the Greater Nile Oil Pipeline
, travels through the Abyei area from the Heglig and Unity
oil fields to Port Sudan
on the Red Sea
via Khartoum. The pipeline is vital to Sudan’s oil exports which have boomed since the pipeline commenced operation in 1999.
Sudan
Sudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
accorded "special administrative status" by the 2004 Protocol on the resolution of the Abyei conflict (Abyei Protocol) in the Comprehensive Peace Agreement
Comprehensive Peace Agreement
The Comprehensive Peace Agreement , also known as the Naivasha Agreement, was a set of agreements culminating in January 2005 that were signed between the Sudan People's Liberation Movement and the Government of Sudan...
(CPA) that ended the Second Sudanese Civil War
Second Sudanese Civil War
The Second Sudanese Civil War started in 1983, although it was largely a continuation of the First Sudanese Civil War of 1955 to 1972. Although it originated in southern Sudan, the civil war spread to the Nuba mountains and Blue Nile by the end of the 1980s....
. The capital of Abyei Area is Abyei Town
Abyei (town)
Abyei is a north-south border town currently in the Abyei Area of the South Kordofan region, in the south of Northern Sudan. The U.N...
. The area is disputed by South Sudan
South Sudan
South Sudan , officially the Republic of South Sudan, is a landlocked country located in the Sahel region of northeastern Africa. It is also part of the North Africa UN sub-region. Its current capital is Juba, which is also its largest city; the capital city is planned to be moved to the more...
but controlled by the Sudanese government.
Considered a historical bridge between north and South Sudan, the Abyei Area had previously been considered part of the larger Abyei District
Abyei District
Abyei District was a former district of Sudan, considered part of the state of West Kurdufan. Upon the dissolution of West Kurdufan in 2005, it was included in the state of South Kurdufan...
within the now-abolished state of West Kurdufan
West Kurdufan
West Kurdufan was formerly one of the 26 wilayat or states of Sudan. It had an area of 111,373 km² and an estimated population of approximately 1,320,405...
. Under the terms of the Abyei Protocol, the Abyei Area was declared, on an interim basis, to be simultaneously part of the states of South Kurdufan
South Kurdufan
Southern Kordofan is one of the 15 wilayat or provinces of Sudan. It has an area of 158,355 km² and an estimated population of approximately 1,100,000 people . Kaduqli is the capital of the state...
and Northern Bahr el Ghazal.
In contrast to the borders of the former district, the Abyei Protocol defined the Abyei Area as "the area of the nine Ngok Dinka
Dinka
The Dinka is an ethnic group inhabiting the Bahr el Ghazal region of the Nile basin, Jonglei and parts of southern Kordufan and Upper Nile regions. They are mainly agro-pastoral people, relying on cattle herding at riverside camps in the dry season and growing millet and other varieties of grains ...
chiefdoms transferred to Kordofan in 1905". A multinational border commission subsequently established this to be those portions of Kordofan south of 10°22′30″ N. However, following continued disputes that erupted into violence and threatened the CPA, an international arbitration
International arbitration
International arbitration is a leading method for resolving disputes arising from international commercial agreements and other international relationships...
process redrew Abyei's boundaries in 2009 to make it significantly smaller, extending no further north than 10°10′00" N. This revised border has been since endorsed by all parties to the dispute.
History
The Sudan Tribune claims that the Dajo people were located in the region of Abyei prior to the seventeenth century, before being displaced by new migrants. From at least the eighteenth century Abyei was inhabited by the agro-pastoralist Ngok Dinka, a sub-group of the Dinka of Southern Sudan. The MessiriaMessiria
The Messiria known also under the name of Misseriya Arabs are a branch of the Baggara Arabs tribes. Their language is the Sudanese Arabic. Numbering over one million, the Baggara are the second largest people group in Western Sudan, extending into Eastern Chad. They are primarily nomadic cattle...
, a nomadic Arab people, who spend most of the year around their base at Muglad
Muglad
Muglad is a town in West Kurdufan State in the center of Sudan. It is the center town of the Messeria tribe who arrived in the area in 1770.- Transport :It is served by a railway station on the Waw branch of Sudan Railways....
in northern South Kurdufan
South Kurdufan
Southern Kordofan is one of the 15 wilayat or provinces of Sudan. It has an area of 158,355 km² and an estimated population of approximately 1,100,000 people . Kaduqli is the capital of the state...
, would graze their cattle south to the Bahr river basin in Abyei during the dry season. At the establishment of the Anglo-Egyptian Condominium
Anglo-Egyptian Sudan
Anglo-Egyptian Sudan referred to the manner by which Sudan was administered between 1899 and 1956, when it was a condominium of Egypt and the United Kingdom.-Union with Egypt:...
, the Messiria were predominantly located in the province of Kordofan (considered “northern”), while the Ngok Dinka were located in Bahr el Ghazal
Bahr el Ghazal
The Bahr el Ghazal is a region of western South Sudan. Its name comes from the river Bahr el Ghazal.- Geography :The region consists of the states of Northern Bahr el Ghazal, Western Bahr el Ghazal, Lakes, and Warrap. It borders Central African Republic to the west...
(considered “southern”). In 1905, after continued raids by the Messiria into Ngok Dinka territory, the British redistricted the nine Ngok Dinka chiefdoms into Kordofan. The reason was threefold: to protect the Ngok Dinka from raids by the Messiria and thus pacify the area; to demonstrate that a new sovereign power was in control; and to bring the two feuding tribes under common administration.
The two peoples began to take separate paths with the onset of the First Sudanese Civil War
First Sudanese Civil War
The First Sudanese Civil War was a conflict from 1955 to 1972 between the northern part of Sudan and the southern Sudan region that demanded representation and more regional autonomy...
(1956–1972), in particular the 1965 massacre of 72 Ngok Dinka in the Misseriya town of Babanusa
Babanusa
- Transport :It is a railway junction on the national railway network where the line to Waw in South Sudan branches off to the south from the line westwards to Nyala.- External links :*...
. The Ngok Dinka were thus drawn to the Anyanya
Anyanya
The Anyanya were a southern Sudanese separatist rebel army formed during the First Sudanese Civil War . A separate movement that rose during the Second Sudanese Civil War were, in turn, called Anyanya II...
, while the Messiria were favored by the Khartoum
Khartoum
Khartoum is the capital and largest city of Sudan and of Khartoum State. It is located at the confluence of the White Nile flowing north from Lake Victoria, and the Blue Nile flowing west from Ethiopia. The location where the two Niles meet is known as "al-Mogran"...
-based government and became firmly associated with the north. The 1972 Addis Ababa Agreement that ended the war included a clause that provided for a referendum allowing Abyei to choose to remain in the north or join the autonomous South. This referendum was never held and continued attacks against Ngok Dinka led to the creation of Ngok Dinka unit in the small Anyanya II
Anyanya II
Anyanya II is the name taken in 1978 by a group of Nuer dissidents who took up arms in eastern Upper Nile.The name implies continuity with the Anyanya, or Anya-Nya, movement of the First Sudanese Civil War ....
rebellion, which began in Upper Nile in 1975. The discovery of oil
Oil
An oil is any substance that is liquid at ambient temperatures and does not mix with water but may mix with other oils and organic solvents. This general definition includes vegetable oils, volatile essential oils, petrochemical oils, and synthetic oils....
in the area, among other north-south border regions, led President Gaafar Nimeiry
Gaafar Nimeiry
Gaafar Muhammad an-Nimeiry was the Nubian President of Sudan from 1969 to 1985...
to try the first of many initiatives to redistrict oil rich areas into northern administration.
The Ngok Dinka unit of Anyanya II formed one of the foundations of the rebel movement at the beginning of the Second Civil War
Second Sudanese Civil War
The Second Sudanese Civil War started in 1983, although it was largely a continuation of the First Sudanese Civil War of 1955 to 1972. Although it originated in southern Sudan, the civil war spread to the Nuba mountains and Blue Nile by the end of the 1980s....
in 1983. Many Ngok Dinka joined the rebels
Rebellion
Rebellion, uprising or insurrection, is a refusal of obedience or order. It may, therefore, be seen as encompassing a range of behaviors aimed at destroying or replacing an established authority such as a government or a head of state...
upon the outbreak of hostilities. Partially as a result of their early entry into the war, many Ngok Dinka rose to leadership positions in the Sudan People’s Liberation Army (SPLA), becoming closely associated with John Garang
John Garang
John Garang de Mabior was a Sudanese politician and rebel leader. From 1983 to 2005, he led the Sudan People's Liberation Army during the Second Sudanese Civil War, and following a peace agreement he briefly served as First Vice President of Sudan from January 2005 until he died in a July 2005...
. In contrast, the Messiria joined the hostilities on the side of the government in the mid-1980s. They formed frontline units as well as Murahleen, mounted raiders that attacked southern villages to loot valuables and slaves. By the end of the war the intense fighting had displaced most Ngok Dinka out of Abyei, which the Misseriya state as justification for ownership of the area.
Abyei Protocol in the Comprehensive Peace Agreement
The status of Abyei was one of the most contentious issues in the negotiation of the Comprehensive Peace AgreementComprehensive Peace Agreement
The Comprehensive Peace Agreement , also known as the Naivasha Agreement, was a set of agreements culminating in January 2005 that were signed between the Sudan People's Liberation Movement and the Government of Sudan...
. The first protocol signed, the 2002 Machakos Protocol, defined Southern Sudan as the area as of independence in 1956. It thus excluded the SPLA strongholds in Abyei, the Nuba Mountains
Nuba Mountains
Nuba Mountains is an area located in South Kordofan, Sudan. The area is home to a group of indigenous ethnic groups known collectively as the Nuba peoples. In the 18th century, Nuba Mountains became home to the kingdom of Taqali that controlled the hills of the mountains until their defeat by...
and Blue Nile
Blue Nile (state)
Blue Nile called Central from 1991 until 1994, is one of the 15 states of Sudan. It was established by Presidential Decree Nº3 in 1992 and is named after the Blue Nile River. It has an area of 45,844 km² and an estimated population of 1,193,293 . The Central Bureau of Statistics quoted the...
, known collectively during the talks as the Three Areas. The SPLA negotiators then spent several years attempting to give these regions the right to a referendum in which they could decide if they want to be under the administrative control of the north or south. This would potentially mean that these regions would become part of a nation of South Sudan after the 2011 independence referendum
Southern Sudanese independence referendum, 2011
A referendum took place in Southern Sudan from 9 to 15 January 2011, on whether the region should remain a part of Sudan or become independent. The referendum was one of the consequences of the 2005 Naivasha Agreement between the Khartoum central government and the Sudan People's Liberation...
. The government blocked these attempts, stating that the Machakos Protocol had already delineated the border for the Three Areas in favor of the north.
The deadlock was finally broken by pressure from the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. U.S. presidential envoy John Danforth
John Danforth
John Claggett "Jack" Danforth is a former United States Ambassador to the United Nations and former Republican United States Senator from Missouri. He is an ordained Episcopal priest. Danforth is married to Sally D. Danforth and has five adult children.-Education and early career:Danforth was born...
circulated a draft agreement, which the U.S. convinced the government to sign despite its inclusion of a referendum. The Protocol on the resolution of the Abyei conflict put Abyei into a special administrative status government directly by the presidency. The precise borders of the area were to be determined by an Abyei Borders Commission (ABC), followed by a referendum commission to identify Messiria that are resident in Abyei and could thus vote in local elections in 2009; all the Ngok Dinka were to be considered resident, it being their traditional homeland.
The Abyei Borders Commission (ABC)
The status of Abyei According to an annex to the protocol adopted in December 2004, ABC was to be composed of 15 persons: five appointed by the government, five by the SPLA and three by the Intergovernmental Authority on DevelopmentIntergovernmental Authority on Development
The Intergovernmental Authority on Development is an eight-country regional development organization in East Africa. Its headquarters are located in Djibouti City....
, and one each by the United States and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Only the five impartial experts could present the final report. The five appointed were: Godfrey Muriuki of the University of Nairobi
University of Nairobi
The University of Nairobi is the largest university in Kenya. Although its history as an educational institution goes back to 1956, it did not become an independent university until 1970 when the University of East Africa was split into three independent universities: Makerere University in...
; Kassahun Berhanu of the Addis Ababa University
Addis Ababa University
Addis Ababa University is a university in Ethiopia. It was originally named "University College of Addis Ababa" at its founding, then renamed for the former Ethiopian emperor Haile Selassie I in 1962, receiving its current name in 1975.Although the university has six of its seven campuses within...
; Douglas H. Johnson
Douglas H. Johnson
Dr. Douglas H. Johnson is a scholar specializing in the history of North East Africa, Sudan and the Southern Sudan. He was a resource person in the 2003 Sudan Comprehensive Peace Agreement negotiations over the Three Areas and later a member of the Abyei Boundary Commission...
, an author of several works on southern Sudan; Shadrack Gutto, a lawyer from South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
; and Donald Petterson, a former ambassador to Sudan. The ABC determined the boundary at approximately 10°22′30″N., 87 km (54 mi) north of the town of Abyei
Abyei (town)
Abyei is a north-south border town currently in the Abyei Area of the South Kordofan region, in the south of Northern Sudan. The U.N...
, following the agreed rules of procedure. The process and the map showing the boundary is detailed by Johnson.
The ABC presented their report to the president on 14 July 2005, whereupon it was immediately rejected by the government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
, who accused the experts of using sources after 1905 in their determination of the boundaries. The death of John Garang
John Garang
John Garang de Mabior was a Sudanese politician and rebel leader. From 1983 to 2005, he led the Sudan People's Liberation Army during the Second Sudanese Civil War, and following a peace agreement he briefly served as First Vice President of Sudan from January 2005 until he died in a July 2005...
later that month pushed all other issues off the national agenda, but the SPLA maintains that the terms of the Abyei protocol must be held to. Government resistance to an agreement is largely based on an attempt to hold on to the oil reserves and oil pipelines in the area.
Renewed tensions and violence
In October 2007, rising tensions between the SPLA and government resulted in the SPLA temporarily withdrawing from the Government of National Unity over several deadlocked issues, notably Abyei. At the time, the International Crisis GroupInternational Crisis Group
The International Crisis Group is an international, non-profit, non-governmental organization whose mission is to prevent and resolve deadly conflicts around the world through field-based analyses and high-level advocacy.-History:...
stated, “What happens in Abyei is likely to determine whether Sudan consolidates the peace or returns to war.”. Armed violence erupted in the Abyei region during late 2007 and throughout 2008. Clashes occurred both between the SPLA and Messiria
Messiria
The Messiria known also under the name of Misseriya Arabs are a branch of the Baggara Arabs tribes. Their language is the Sudanese Arabic. Numbering over one million, the Baggara are the second largest people group in Western Sudan, extending into Eastern Chad. They are primarily nomadic cattle...
fighters and between the SPLA and government troops.
Messiria leaders had objected to demarcation provisions of the CPA which they claim have a negative impact upon Messiria access to grazing lands. These grievances fed into armed clashes in December 2007, which killed at least 75 people, and further violence in February and March 2008, resulting in numerous deaths and civilian displacement. These clashes were considered by analysts to represent a serious threat to the peace process and trigger a resumption of civil war. The Messiria were not believed to be directly controlled by Khartoum, however analysts pointed out that local disputes over resources are readily manipulated by outside forces.
Following the violence of February and March, the Sudanese government deployed a contingent of 200 or more soldiers to Abyei town on 31 March 2008. Armed clashes between these troops and the SPLA occurred during May 2008 resulting in dozens of deaths and the displacement of an estimated 25,000 civilians. Much of Abyei town was razed; analyst Roger Winter stated that "the town of Abyei has ceased to exist".
International arbitration
Following the clashes in Abyei during May 2008, in June 2008 the Sudanese President, Omar al-BashirOmar al-Bashir
Lieutenant General Omar Hassan Ahmad Al-Bashir is the current President of Sudan and the head of the National Congress Party. He came to power in 1989 when he, as a brigadier in the Sudanese army, led a group of officers in a bloodless military coup that ousted the government of Prime Minister...
, and the President of the autonomous Government of Southern Sudan
Politics of Southern Sudan
The politics of South Sudan concern the system of government in the Republic of South Sudan, a country in East Africa, and the people, organisations, and events involved in it.-History:...
, Salva Kiir Mayardit
Salva Kiir Mayardit
Salva Kiir Mayardit is the first President of the Republic of South Sudan.-Sudanese civil wars:In the late 1960s, Kiir joined the Anyanya in the First Sudanese Civil War. By the time of the 1972 Addis Ababa Agreement, he was a low-ranking officer...
, agreed to refer the disputes between the Government and the SPLM/A concerning the ABC's determination of the Abyei area's boundaries to international arbitration at the Permanent Court of Arbitration
Permanent Court of Arbitration
The Permanent Court of Arbitration , is an international organization based in The Hague in the Netherlands.-History:The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.The creation of...
(PCA), in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
.
The arbitration was presided over by an arbitral tribunal composed of five distinguished international lawyers - Professor Pierre-Marie Dupuy
Pierre-Marie Dupuy
Pierre-Marie Dupuy is a French jurist. Since 1981 he is a law professor at the Pantheon-Assas Paris II University , of which he is exempted since 2000. From 2000 to 2008 he was Professor of International Law at the European University Institute in Florence...
, of France, as President, with Judge Stephen M. Schwebel, Professor W. Michael Reisman, H.E. Judge Awn Al-Khasawneh and Professor Dr. Gerhard Hafner. The tribunal adopted the PCA's Optional Rules for Arbitrating Disputes Between Two Parties of Which Only One is a State.
The SPLM/A appointed Dr. Riek Machar Teny, Deputy Chairman of the Sudan People's Liberation Movement and Minister Luka Biong Deng, as Agents, and Gary Born
Gary Born
Gary B. Born is an international lawyer and academic. He is chair of the International Arbitration and International litigation practices at the international law firm Wilmer Cutler Pickering Hale and Dorr LLP and the author of a number of commentaries, casebooks and other works on international...
, Paul Williams
Paul Williams (professor)
Paul R. Williams holds the Rebecca Grazier Professorship in Law and International Relations at American University, where he teaches in the School of International Service and the Washington College of Law...
and Wendy Miles as counsel. The Government of Sudan appointed Ambassador Dirdeiry Mohamed Ahmed as Agent, and were represented by Professor James Crawford QC, S.C., Dr Nabil Elaraby, Professor Alain Pellet, Rodman Bundy and Loretta Malintoppi.
Following extensive written pleadings, in April 2009 the parties presented their closing submissions to the arbitration tribunal over six days at an oral hearing at the Peace Palace, The Hague. In a groundbreaking initiative, the parties agreed to broadcast the oral hearing over the internet, which allowed those in Sudan and around the world to see the parties put forward their arguments. Following the hearing the arbitral tribunal then began its deliberations and, less than ninety days later, on 22 July 2009 rendered its final binding decision as to the validity of the boundaries for Abyei and the ABC had drawn.
The award ordered the redrawing of the northern, eastern and western boundaries, thus decreasing the size of Abyei. The size of Abyei is crucial to the political dispute, as its residents will be able to vote in a referendum on whether to become part of northern or southern Sudan. The redrawn borders give control of the richest oil fields in the Abyei region, such as the Heglig oil field, to the north, while giving at least one oil field to the south. Most of the Messiria are outside of the redrawn borders, making it far more likely that the region will vote to join the south. Announcements by both the SPLM and Government of Sudan that they would accept the ruling were hailed by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, and the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
.
Leadup to referendum
As of December 2010, the PCA border has not been demarcated and there is still no agreement on who constitutes a "resident of Abyei" for the purposes of voting in the Abyei referendum. The question is whether to include Arab nomads (the Messiria tribe), who have historically stayed in the region every year for six months. If the Misseriya Arabs are prevented from voting, the region will likely go to south Sudan. While the Dinka Ngok and Messiria tribe maintained a peaceful coexistence during the civil war, the division of Sudan has created mistrust between the two people.Takeover by north
On 21 May 2011 it was reported that the Armed Forces of Sudan had seized control of Abyei with a force of approximately 5,000 soldiers after three days of clashes with the South. The precipitating factor was an ambush by the South killing 22 northern soldiers. The northern advance included shelling, aerial bombardment and numerous tanks. Initial reports indicate that over 20,000 people have fled. The South Sudanese government has declared this as an "act of war", and the U.N. has sent an envoy to KhartoumKhartoum
Khartoum is the capital and largest city of Sudan and of Khartoum State. It is located at the confluence of the White Nile flowing north from Lake Victoria, and the Blue Nile flowing west from Ethiopia. The location where the two Niles meet is known as "al-Mogran"...
to intervene. South Sudan says it has withdrawn its forces from Abyei.
As of May 2011, the prospective referendum on Abyei's future status has been postponed indefinitely. The northern leader, President al-Bashir, dismissed the southern chief administrator of Abyei and appointed a northerner, Ahmed Hussein Al-Imam.
Protests
Protests were held in at least two Southern states, Upper Nile and Warrap, over the occupation of Abyei by Northern forces. Labor leader Abraham Sebit, leading the protest in Malakal
Malakal
-Location:The city of Malakal is located in Malakal County, Upper Nile State, in the northeast of South Sudan, close to the International borders with the Republic of Sudan and with Ethiopia...
, Upper Nile, asked for intervention by the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and suggested a no-fly zone
No-fly zone
A no-fly zone is a territory or an area over which aircraft are not permitted to fly. Such zones are usually set up in a military context, somewhat like a demilitarized zone in the sky, and usually prohibit military aircraft of a belligerent nation from operating in the region.-Iraq,...
could be established over Abyei. Governor Nyadeng Malek of Warrap also condemned the occupation.
Ceasefire and enforcement
A deal on militarization was reached on 20 June 2011. The United Nations Interim Security Force for AbyeiUnited Nations Interim Security Force for Abyei
The United Nations Interim Security Force for Abyei is a United Nations peacekeeping force in Abyei, which is contested between the Republic of Sudan and the newly-independent Republic of South Sudan...
, consisting of Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
n troops, were to be deployed under a UNSC resolution from 27 June 2011.
The peacekeepers began arriving in Abyei on 15 July 2011 after traveling overland from Ethiopia, just under a week after South Sudan
South Sudan
South Sudan , officially the Republic of South Sudan, is a landlocked country located in the Sahel region of northeastern Africa. It is also part of the North Africa UN sub-region. Its current capital is Juba, which is also its largest city; the capital city is planned to be moved to the more...
formally declared its independence. Both countries continue to claim Abyei, but the presence of the Ethiopians is intended to prevent the military of either from attempting to wrest control of it.
Abyei Area Administration
Under the terms of the Abyei Protocol, the residents of the Abyei Area have been declared, on an interim basis, to be simultaneously citizens of the states of South KurdufanSouth Kurdufan
Southern Kordofan is one of the 15 wilayat or provinces of Sudan. It has an area of 158,355 km² and an estimated population of approximately 1,100,000 people . Kaduqli is the capital of the state...
(Republic of Sudan) and Northern Bahr el Ghazal (South Sudan) until such time as a referendum
Abyei status referendum, 2011
A referendum is due to be held in 2011 in which the residents of Abyei can decide either to remain part of the Sudanese South Kordofan region or to become part of the Bahr el Ghazal region of South Sudan....
can determine the permanent status of the area.
An Abyei Area Administration was established on 31 August 2008.
Structure
The Abyei Area Administration is made up of the following bodies:- An Executive Council led by a Chief Administrator representing the SPLMSudan People's Liberation Movement (northern sector)Sudan People's Liberation Movement , also known as SPLM-North, is a banned political party in the Republic of Sudan. It is currently actively primarily in the states of Blue Nile and South Kordofan, where its armed branch, the Southern People's Liberation Army North is engaged in an active...
and a Deputy Chief Administrator representing the Government of Sudan. The remaining members will be shared between the two entities with SPLM nominating three and the GOS nominating two. - The Abyei Joint Oversight Committee made up of with two members representing each party to the agreement.
- The Abyei Area Security Committee composed of the Chief Administrator, Deputy Chief Administrator, an armed forces commander, the local police chief, and a representative of the "security organ".
A United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
peacekeeping mission, the United Nations Interim Security Force for Abyei
United Nations Interim Security Force for Abyei
The United Nations Interim Security Force for Abyei is a United Nations peacekeeping force in Abyei, which is contested between the Republic of Sudan and the newly-independent Republic of South Sudan...
, has also been established to protect civilians and humanitarian workers in the Abyei Area.
Chief Administrator
| Tenure | Incumbent | Party |
|---|---|---|
| 31 Aug 2008 - 30 Dec 2009 | Arop Moyak | SPLM Sudan People's Liberation Movement (northern sector) Sudan People's Liberation Movement , also known as SPLM-North, is a banned political party in the Republic of Sudan. It is currently actively primarily in the states of Blue Nile and South Kordofan, where its armed branch, the Southern People's Liberation Army North is engaged in an active... |
| 30 Dec 2009 - 21 May 2011 | Deng Arop Kuol | SPLM Sudan People's Liberation Movement (northern sector) Sudan People's Liberation Movement , also known as SPLM-North, is a banned political party in the Republic of Sudan. It is currently actively primarily in the states of Blue Nile and South Kordofan, where its armed branch, the Southern People's Liberation Army North is engaged in an active... |
| 21 May 2011 - 7 Jun 2011 | (Vacant) | |
| 7 Jun 2011 - present | Ahmed Hussein al-Imam (interim) |
Oil reserves and production
Abyei is situated within the Muglad BasinMuglad Basin
The Muglad Basin is a large rift basin in Northern Africa. The basin is situated within southern Sudan and covers an area of approximately 120,000 km2. It contains a number of hydrocarbon accumulations of various sizes, the largest of which are the Heglig and Unity oil fields...
, a large rift basin which contains a number of hydrocarbon
Hydrocarbon
In organic chemistry, a hydrocarbon is an organic compound consisting entirely of hydrogen and carbon. Hydrocarbons from which one hydrogen atom has been removed are functional groups, called hydrocarbyls....
accumulations. Oil exploration was undertaken in Sudan in the 1970s and 1980s. A period of significant investment in Sudan’s oil industry occurred in the 1990s and Abyei became a target for this investment. By 2003 Abyei contributed more than one quarter of Sudan’s total crude oil output. Production volumes have since declined and reports suggest that Abyei’s reserves are nearing depletion. An important oil pipeline, the Greater Nile Oil Pipeline
Greater Nile Oil Pipeline
The Greater Nile Oil Pipeline is an important oil export pipeline in Sudan. It extends for approximately of which approximately 1.8 kilometres is submarine. It was constructed by the Greater Nile Petroleum Operating Company and commenced operation in 1999...
, travels through the Abyei area from the Heglig and Unity
Unity oilfield
The Unity oil field is a major oil field in Unity State, South Sudan. It lies to the north of the state capital Bentiu in Rubkona County.The oil field, and the Heglig feld further north, were discovered by Chevron Corporation in 1982, and was to become one of the most productive fields in Sudan...
oil fields to Port Sudan
Port Sudan
Port Sudan is the capital of Red Sea State, Sudan; it has 489,725 residents . Located on the Red Sea, it is the Republic of Sudan's main port city.-History:...
on the Red Sea
Red Sea
The Red Sea is a seawater inlet of the Indian Ocean, lying between Africa and Asia. The connection to the ocean is in the south through the Bab el Mandeb strait and the Gulf of Aden. In the north, there is the Sinai Peninsula, the Gulf of Aqaba, and the Gulf of Suez...
via Khartoum. The pipeline is vital to Sudan’s oil exports which have boomed since the pipeline commenced operation in 1999.
External links
- Abraham, I. 2007, ‘South Sudan Abyei now or never’, Sudan Tribune, 3 March. (Opinion piece.)
- Johnson, D. 2006, ‘Sudan's civil wars’ (video, filmed March, Bergen, Norway. (Brief discussion of underlying causes of conflict in Sudan.)
- Kristof, N. 2008, ‘Africa’s next slaughter’, New York Times, 2 March. Retrieved on 4 March 2008. (Opinion piece concerning Abyei and the peace process.)
- UNDP 2005, , United Nations Development Program Sudan, 29 November.
- Vall, M. 2008, ‘Abyei region divided over oil’, Al Jazeera English, 15 March. Retrieved on 27 April 2008. (Video presentation hosted by YouTube.)
- Winter, R. 2008, ‘Sounding the alarm on Abyei’, enough: the project to end genocide and crimes against humanity, 17 April. Retrieved on 5 May 2008.
- Winter, R. 2008, ‘Abyei aflame: An update from the field’, enough: the project to end genocide and crimes against humanity, 30 May. Retrieved on 6 June 2008. (Describes May 2008 violence. Winter says that “the town of Abyei has ceased to exist”.)
Further reading
- Douglas Johnson, 2008, “Why Abyei Matters, The Breaking Point of Sudan’s Comprehensive Peace Agreement?” in African Affairs, 107 (462), pp 1–19.