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TECHNICAL DOCUMENTS

List of Documents

Abyei Protocol
Abyei Area Strategic Action Plan
Abyei Boundary Commission Report
Other Documents

The Abyei Protocol

Document Summary (click on links to expand and minimize text)

Principles of Agreement on Abyei

1.1            In General

Abyei is a bridge between the north and the south, linking the people of Sudan;
The territory is defined as the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905;

The Misseriya and other nomadic peoples retain their traditional rights to graze cattle and move across the territory of Abyei.

1.2            Interim Period:

Upon signing the peace agreement, Abyei will be accorded special administrative status, in which:

Residents of Abyei will be citizens of both Western Kordofan and Bahr el Ghazal, with representation in the legislatures of both states;

Abyei will be administered by a local Executive Council, elected by the residents of Abyei.  Pending the election of the Executive Council, its initial members will be appointed by the Presidency;

Net oil revenues from Abyei will be divided six ways during the Interim Period: the National Government (50 percent); the Government of Southern Sudan (42 percent); Bahr el Ghazal region (2 percent); Western Kordofan (2 percent); locally with the Ngok Dinka (2 percent); and locally with the Misseriya people (2 percent);

The National Government will provide Abyei with assistance to improve the lives of the peoples of Abyei, including urbanization and development projects;
International monitors will be deployed to Abyei to ensure full implementation of these agreements.

End of Interim Period:

Simultaneously with the referendum for southern Sudan, the residents of Abyei will cast a separate ballot.  The proposition voted on in the separate ballot will present the residents of Abyei with the following choices, irrespective of the results of the southern referendum:

a.            That Abyei retain its special administrative status in the north;

b.            That Abyei be part of Bahr el Ghazal.

1.4            The January 1, 1956 line between north and south will be inviolate, except as agreed above.

Adminstrative Structure

Upon signing the Peace Agreement, Abyei Area shall be accorded special administrative status under the institution of the Presidency.

Abyei area shall be administered by a local Executive Council, elected by the residents of Abyei.  Pending the election of the Executive Council, its initial members shall be appointed by the Presidency.

The administration of the Abyei Area shall be representative and inclusive of all the residents of the area.

The Executive Council shall be composed of the Chief Administrator, his/her Deputy and not more than five heads of departments.  Prior to elections, the Chief Administrator and his/her Deputy shall be appointed by the Presidency.  The Chief Administrator shall make recommendations to the Presidency regarding the appointments of the heads of departments.

The Executive Council, in exercise of its executive powers, shall:

render necessary services;
supervise and promote security and stability in the area;
Propose development and urbanization projects for the area to both the Abyei Area Council and to the Presidency;
Present to the National Government proposals regarding the provision of assistance to improve the lives of the peoples of Abyei, including urbanization and development;

The Presidency, upon the recommendation of the Executive Council, shall determine the executive, legislative and financial powers and competencies of the special status of Abyei Area, having regard to this protocol, other protocols, agreements, and the Comprehensive Peace Agreement.

In view of the special status of Abyei Area, the Presidency shall apply to the Judiciary to establish courts for Abyei Area as deemed appropriate.


Financial Resources

Without prejudice to the provisions of the Wealth Sharing Agreement, the net-oil revenue from the oil produced in Abyei Area shall be shared during the Interim Period as follows:

Fifty Percent (50%) to the National Government;
Forty Two Percent (42%) to the Government of Southern Sudan;
Two Percent (2%) to Bahr el Ghazal Region;
Two Percent (2%) to Western Kordofan;
Two Percent (2%) locally with the Ngok Dinka;
Two Percent (2%) locally with the Misseriya people.

3.2            In addition to the above financial resources, Abyei Area shall be entitled to:

The area share of the national revenue as per the Wealth Sharing Agreement;
The revenues raised in the Abyei Area from Income Tax and other taxes and levies;
The share of the Area in the National Reconstruction and Development Fund;
An equitable share of Southern Sudan Development and Reconstruction Fund;
Allocations from the National Government to cover the cost of establishment of the new administration, its running and provision of services;
Donations and grants.

There shall be established, under the Executive Council, Abyei Resettlement, Construction and Development Fund to handle relief, repatriation, resettlement, reintegration, rehabilitation and reconstruction programmes in the Area.  The Fund may establish specialized agencies.

The National Government shall appeal to the international and donor community to facilitate the return and resettlement of the residents of Abyei Area.

The financial resources due to Abyei Area as provided in section 3 herein shall be deposited in special accounts, acceptable to the Presidency, from which the administration of the Area shall make withdrawals.

Public participation

There shall be established Abyei Area Council comprised of not more than twenty members.

Prior to elections, the Presidency shall appoint the members of the Abyei Area Council.

The Abyei Area Council shall:

Issue local enactments within the powers of local government and on customary matters;
Approve the budget of the Area;

Adopt reconstruction, development and urbanization plans for the Area;
If necessary, recommend to the Presidency the relief of the Chief Administrator or his/her Deputy;
Participate in the promotion of reconciliation efforts in the Area.

Determination of geographic boundaries

There shall be established by the Presidency, Abyei Boundaries Commission (ABC) to define and demarcate the area of the nine Ngok Dinka Chiefdoms transferred to Kordofan in 1905, referred to herein as Abyei Area.

The composition and timeframe of the Abyei Boundaries Commission (ABC) shall be determined by the Presidency.  However, the Commission shall include, inter alia, experts, representatives of the local communities and the local administration.  The Commission shall finish its work within the first two years of the Interim Period.

The Abyei Boundaries Commission (ABC) shall present its final report to the Presidency as soon as it is ready.  Upon presentation of the final report, the Presidency shall take necessary action to put the special administrative status of Abyei Area into immediate effect.

Residents of the area

The residents of Abyei Area shall be: 

The Members of Ngok Dinka community and other Sudanese residing in the area;
The criteria of residence shall be worked out by the Abyei Referendum Commission.

Residents of Abyei shall be citizens of both Western Kordofan and Bahr el Ghazal with representation in the legislatures of both States as determined by the National Electoral Commission.  However, prior to elections, the Presidency shall determine such representation.


Security arrangements

There shall be established Abyei Area Security Committee, chaired by the Chief Administrator, and shall comprise of the Deputy Chief Administrator, the Army Commander, the Police Chief, and the representative of the Security Organ.

Without prejudice to the Agreement on Security Arrangements, the two Parties shall, through the Interim Period form and deploy one joint battalion in the Area.

International monitors, as shall be agreed in the comprehensive Cease-fire Agreement shall also be deployed in the Area through the Interim Period.

International monitors shall be deployed to Abyei to ensure full implementation of these Agreements.

Abyei referendum commission

There shall be established by the Presidency an Abyei Referendum Commission to conduct Abyei referendum simultaneously with the referendum of Southern Sudan. The composition of the Commission shall be determined by the Presidency.

The residents of Abyei shall cast a separate ballot. The proposition voted on in the separate ballot shall present residents of Abyei with the following choices; irrespective of the results of the Southern referendum:

That Abyei retain its special administrative status in the north;
That Abyei be part of Bahr el Ghazal.

The January 1, 1956 line between north and south shall be inviolate, except as agreed above.

Reconciliation process

Upon signing the Comprehensive Peace Agreement, the Presidency shall, as a matter of urgency, start peace and reconciliation process for Abyei that shall work for harmony and peaceful co-existence in the Area.

 

The Abyei Area Strategic Strategic Action Plan

Document Summary (click on links to expand and minimize text)
Acknowledgements

The people of Abyei would like to thank God for the possibility of embarking on future search for its people, particularly the Recovery to Development Roadmap that has led to this Abyei Area Strategic Action Plan (AASAP).It would be difficult to account for all the names deserving credit, given that the process drew contributions from throughout the land of the Ngok Dinka at home and in the Diaspora.

We would begin, however, with thanking ACAD, NDO, USAID/PACT, UNDP, GOAL and Ngok Community in Abyei County whose sponsorship of various elements of the Road Map Process has been instrumental to its success to date. We would also like to thank the governments of Switzerland, Norway, Netherlands, Italy and the USA who directly or indirectly assisted the entire process of preparing the AASAP. It is worth mentioning that the initial idea for Abyei Development Road Map came from Ngok Dinka of Abyei People’s Conference of June 2003 and emphasised in several Ngok community meetings by Cdr Deng Alor, the SPLM Regional Secretary of Bahr el Ghazal Region, Cdr Pieng Deng, the SPLA Front Commander of Bahr el Ghazal Region, Cdr Edward Lino, a Senior Commander in the SPLA, Mr. Musa Malei, the SPLM Secretary of Abyei County and Mr. Arop Deng the Chairman of Abyei County Development Committee (ACDC) to mention the few names. The report was drafted by a core team consisting of Mr. Arop Deng (Chairman of ACDC), Dr. Luka Biong (Chief Consultant, Chairman of ACAD and Director of the New Sudan Centre for Statistics and Evaluation), Cdr. Kuol Diem (Deputy Consultant and SPLM Senior Political Officer), Mr. Deng Aar (Executive Director of ACAD), Cdr. Monydhang Deng (Senior Officer in the SPLM Economic Commission), Cdr Mading Deng (SPLM Senior Political Officer and a leading educationist), Dr. Monywiir Arop (Registrar of the SPLM Health Council), Mr. Ngor Ayuel (Private Sector Specialist), Mr. Deng Biong (SPLM Senior Judge and a leading researcher in customary laws) and Mr. Ayuel Monyluak (Head of Abyei Policy Advisory Committee). Besides this core drafting team, Mr. Daniel Jok Deng (President of Kush Inc.) and Mr. Paul Nantulya (Institute for Justice and Reconciliation) contributed considerably to the process and compiled the first draft of the report upon which this final report was largely based. The AASAP is largely enriched and guided by the specialized papers in area of peace (Cdr Kuol Diem), agriculture (Dr. Kuol Arop and Mr. Mijak Arop), governance (Mr. Ayuel Monyluak), Peace Building and Conflict Transformation (Cdr Arop Moyak and Mr. Charles Biong), health (Dr. Monywiir Arop and Dr. Abuk Deng), private sector (Mr. Ngor Ayuel), rule of law (Mr. Deng Biong), Information and Youth (AYAD and Akol Miyan), women, child and gender (Ms. Mary Abiong and Ms. Sarah Lino), urgent needs and return (Mr. Kuol Nyok and Mr. Michael Mijak), economic development (Cdr Monydhang Deng, Mr. Dut Wour and Dr. Luka Biong) and education (Cdr. Mading Deng and Mr. Musa Mangok). Special thanks to all the participants of Limuru, Agok and Khartoum Workshops who laid the foundation of AASAP.  Thanks also to Dr. Francis Deng who provided key technical contributions and other elders and intellectuals such as Ustaz Lino Wour Abyei, Dr. Zachariah Bol, Arop Madut, Mr. Dier Tong and Dr. Yak Deng Ater for providing continuous support throughout the process. The contribution and engagement of Dr. Jamal Zayid (Policy Advisor, Southern Blue Nile) and Mr. Neron Philip (Executive Director of NRRDO and Policy Advisor, Nuba Mountains). We equally extend special thanks to Mr. John Fox for facilitating the Abyei Area Development Road Map Workshop in Limuru and editing AASAP and Ms. Maude, the World Bank Staff, for her valuable comments on budget estimates. Thanks also to Prof. Monywiir Deng, the chief facilitator of Khartoum Workshop and Mr. Bulbul Monyluak, NDO Executive Director for their contributions in the AASAP. Special thanks to Mr. Luca Venza of OTI/PACT, Mr. Marvin Koop and Dr. Ahamed Saed all of Sudan Peace Fund for their continued valuable advises and guidance.  We also extend our thanks to Mr. Jason Matus of USAID, David Chand of GOAL Ireland, Chris Johnson, Geert Prins, Ferdinand von Rutingen–Hapsburg and Annie Reyes all of UNDP, Mr. Paul Obura of Sc-Uk and Mr. Domenico Puoni of RC/HC for their effective participation in Limuru Workshop. Finally but not the least we thank SPLM in persons of Cdr Nhial Deng and Cdr Mayom Akec for their encouragement and support. Special thanks to H.E. Idris Abdel-Gadir, Minister of State/Peace Advisory for facilitating and supporting Khartoum Validation Workshop.

Executive Summary

This Abyei Area Strategic Action Plan (AASAP) was undertaken by the people of Abyei area under the guidance and auspices of the Abyei County Development Committee (ACDC), which received sponsorship from Abyei Community Action for Development (ACAD), USAID/PACT, United Nations Development Program (UNDP), GOAL Ireland Sudan Programme and Ngok community contribution in Abyei County, and relied on the participation of the Abyei administration, civil society and the Ngok Dinka communities living in Abyei Area, Southern Sudan, Northern Sudan, Kenya, Uganda, United States of America (USA), Australia, Canada, United Kingdom (UK) and Ireland.

The AASAP was designed to focus on the highest priority requirements during the transition from urgent needs to recovery and development, particularly during the first three years after the signing of the Comprehensive Peace Agreement (CPA). In assessing needs for the post-conflict period for the people of Abyei area, wide consultations and expert technical contributions were sought not only from the people of Abyei area but also from international expertise and best practices. The main priority requirements identified in the AASAP covered various aspects and grouped into the following main sectors:

    1. Urgent Needs

    2. Governance and Rule of Law

    3. Peace Building and Conflict Transformation

    4. Infrastructure Development

    5. Productive Sector Development

    6. Economic and Financial Development 

    7. Education and Human Resource Development

    8. Health, Nutrition, Water and Sanitation 

    9. Cross-cutting Issues: Capacity Building, Technical Assistance and Monitoring and Evaluation

The entire process of preparing the AASAP was enriched by series of activities including Ngok of Abyei People’s Conference in June 2003, Abyei Diaspora Conference in USA in July 2004, Limuru Workshop in Kenya in July, 2004, Khartoum Workshop in September 2004, London Workshop in November 2004 and Consultation and Validation Meetings and Workshops in Abyei Area in August 2004. The significance of this sequence of participation has been to ground AASAP in the ownership and vision of the people of Abyei area.

Vision and Strategic Objectives

Table 1: Vision and Sectoral Strategic Objectives

Sector

Vision and Strategic Objectives

Vision

  • To make Abyei an attractive area to be proud of as a model for sustainable peace, prosperity and development.

  • Urgent Needs

  • To assist and facilitate the return of internally displaced persons (IDPs) and refugees to their home areas in Abyei with decency, dignity and safety.

  • Governance and Rule of Law

  • To establish governance institutions to promote the rule of law and morality, uphold respect of human rights, gender awareness, sound relations between local authorities and civil society, empowerment of communities and good governance.

  • Peace Building and Conflict Transformation

  • To maintain and sustain peace and to transform conflict in the area towards local peace and reconciliation internally and with neighbouring communities as a constructive contribution to national security.

  • Infrastructure Development

  • To lay foundations for the rebuilding infrastructure in Abyei area, both to support community-based development and to create the necessary conducive environment for private sector investment and peaceful co-existence with the neighbouring communities.

  • Productive Sector

  • To eradicate extreme poverty and hunger by 50% by 2015 through improved food security, self-reliance and vibrant private sector.

  • To ensure environmental sustainability and sustainable protection of environment and wildlife.

  • Economic and Financial Development

  • To increase the confidence of public,  and private investors as well as the donor community as to the stewardship of public finances by local government agencies through ensuring adequate transparency and accountability and people-led development.

  • Education and Human Resource Development

  • To achieve universal primary education, eliminate gender disparity in primary and secondary education and to ensure that, by 2015, school-age children will be able to complete a full course of primary schooling while all adults will be able to read and write.

  • Health, Nutrition, water and Sanitation

  • By 2015 to reduce maternal mortality ratio by three quarters, reduce the child mortality rate by two-thirds, halt and begin to reverse the spread of HIV/AIDS and incidence of malaria and other major diseases and reduce by half the proportion of people without sustainable access to safe drinking water.

  • Cross-Cutting Issues: Capacity Building and Monitoring and Evaluation

  • To ensure effective implementation of the AASAP through effective capacity building programme, necessary technical assistance and effective and simple monitoring and evaluation system.



Sector Priorities

Sector priorities are the outcome of broad-based consultations and technical contributions and will continue to be amended with further planning and collection of more reliable information. They can be held as guideposts that reflect ongoing community dialogue towards an emerging consensus that frames what the people of Abyei envision for themselves and their area.

Urgent Needs: More than 85 percent of the residents of Abyei have been displaced to Northern and Southern Sudan or taken refuge in the neighbouring countries or resettled in Western countries. More than 200,000 of internally displaced persons (IDPs) and refugees are expected to return within by 2008. The priority outcomes for this sector include:

  • Sustainable repatriation and return of 155,000 IDPs and refugees and provision of essential basic services, social protection and legal aid.

  • Meeting the resettlement and reconstruction needs of the returnees.

  • Promotion of peace building and reconciliation in Abyei area.

  • Capacity building and institutional development of the civil administration.

  • Implementation of Abyei Protocol, particularly the Abyei Boundaries Commission report

Governance and Rule of Law: The main outcomes of this sector include:

  • Establishment of governance institutions and strengthening their capacities, including aligning their practices according to the norms of transparent and law abiding governance.

  • Implementation of Abyei Protocol, particularly the implementation of Abyei Boundaries Commission (ABC) report and Abyei Referendum Commission, conducting a census and elections and monitoring implementation of Abyei Protocol.

  • Establishment of efficient and transparent security, law enforcement and correctional institutions.

  • Creation of public information institutions for accessing and disseminating information as well as promoting civic education through training programmes and setting up services such as FM radios, TV stations, and mobile cinema.

  • Promotion of indigenous cultures.

  • Civilian Protection and Promotion of Human Rights.

  • Restructuring civil society so as to result in an economically viable and socially cohesive community.  

Peace Building and Conflict Transformation: The prolonged violent conflict in the area has promoted a culture of violence at the expense of the well-founded social norms, culture and social capital that used to nurture the good values of peaceful co-existence and human dignity. This sectorisexpected to produce the following priority outcomes:

  • Reviving, restructuring and strengthening traditional institutions and mechanisms for conflict prevention, management and resolution.

  • Convening intra-community meetings for cohesion and unity amongst the Ngok Dinka.

  • Convening inter-community grassroots peace and reconciliation conferences for peaceful co-existence with Missiriya Arabs and other neighbouring communities.

  • Tracing, rehabilitating and counselling enslaved or abducted children and women and

  • Disarmament of civilian population through special Demobilization, Disarmament and Reintegration (DDR) programmes in Abyei Area.

Infrastructure Development: The level of neglect and marginalization of the area is well evidenced in a perilous state of infrastructureandpressing outcomes expected from infrastructure development will include the following:

Construction of 317 kms roads, 180 kms of feeder roads, 6 bridges for the main roads and 10 bridges for feeders.

  • Establishing electrical and appropriate solar power systems to meet the needs of 270,000 residents of Abyei area.

  • Establishing managed urban systems to provide safe drinking water and sanitation for about 270,000 persons.

  • Establishing functioning telecommunications services (telephone, fax, internet and e-mail communications) that are reliable and predictable.

  • Rehabilitating 2 airstrips, constructing another two airstrips and supporting 270,000 persons with public means of land and river transport. 

  • Setting up Abyei Alternative Housing Scheme with initial provision of 600 houses in the first year as start-up and revolving capital.

Productive Development: The agriculture which is the mainstay of the rural livelihood in the area has been severely affected by the violent conflict and resulted in widespread food insecurity and high level of malnutrition among children. The priority outcomes will include the followings:

  • Increased crop production through provision of agricultural tools and implements for the returnees.

  • Increased livestock production by converting rural livelihood from one of subsistence animal husbandry to commercial farming based largely on increasing the productivity of small animal husbandry.

  • Sustainable exploitation of fishery resources through provision of fishing equipment for the returnees.

  • Ensuring environmental sustainability through increased forest production and sustainable protection of the environment and wildlife.

  • Promotion and support of private sector to create job opportunities.  

Economic and Financial Management: The prolonged violent conflict in the area stalled the economy and has resulted in a tremendous drop in productive capacity. This eroded the public revenue-base for the local authorities and the provision of public services ceased to exist. Improving economic and financial management is expected to achieve the following outcomes:

  • Creating an appropriate economic policy environment to combat poverty and ensure proper management of natural resources.

  • Establishment of financial management and audit systems.

  • Establishment of effective fiscal management and budget control system.

  • Setting up an effective public sector procurement system.

  • Setting up statistical system to collect the necessary baseline information for planning, poverty eradication strategy and monitoring of MDGs.

  • Creating a conducive and legal environment for financial sector and insurance industry based on clear international prudential regulations.

  • Establishment and management of Abyei Resettlement, Construction and Development Fund (ARCDF).

  • Initiating urban and rural physical planning for long-term safety and environmental friendly urban settlements.

  • Empowering community and encouraging participatory development and community-based planning.       

Education and Human Resource Development: The available education statistics (gross enrolment, girls education, gender equality, teacher-pupil ratio and education facilities) for the area are stunning and alarming and clearly indicate that the status of education in the area is among the worst in the country. This sector is the cornerstone for any sustainable development in the area and it is expected to yield  the following outcomes:

  • Establishment of pre-primary education by building and supporting 90 pre-primary schools.

  • Establishment of effective primary education by constructing and operating 125 primary schools.

  • Setting-up functioning secondary and technical schools by building and sustaining 8 secondary schools.

  • Constructing and operating 4 multiple-purpose vocational training centres.

  • Raising awareness and advocacy for the girl – child education, gender and social change.

  • Promoting and supporting accelerated learning programmes and adults literacy education for the out – of – school, over – aged children and ex – child combatants and illiterate adults.

  • Strengthening existing non-formal education programmes e.g. distance learning programme.

  • Intensifying teacher and educational officer’s training to cover about 1,400 teachers and education officers.

Health, Nutrition, Water and Sanitation: The available health and nutritional indicators are among the worst in the country and any invest in this sector is a priority and should aim at achieving the following outcomes:

  • Establishing effective primary health care programme by building and operating 30 primary health care units (PHCU) and 10 primary health care centres (PHCCs).

  • Establishing effective secondary health programme by building and operating three (3) referral hospitals.

  • Establishing effective sanitation and public health programme.

  • Establishing affordable and sustainable community-based rural water supply system by digging, rehabilitating and maintaining 39 deep boreholes, 10 shallow boreholes and 14 water reservoirs.

  • Intensifying training of 120 health personnel and 265 community health workers.

Construction and Development Costs:

  • The total financial requirement for full implementation of the AASAP over the three year period (2005-2007) is estimated at US$ 175 million, of which US$ 82 million is allocated for 2005, US$ 52 million for 2006 and US$ 41 million is allocated  for 2007. These estimates do not include the humanitarian needs such as food aid and protection.

  • These financial figures show the best estimates and judgment on the capacity of local institutions to implement the AASAP, particularly absorption and management of resources. Some critical assumptions were made and considered regarding the practicable implementation of the AASP. These assumptions include the pace and patterns of return of IDPs and refugees, logistical capacity for procuring and distributing all necessary inputs and the expected timeframe for establishing simple and adequate systems for financial management and accounting. Besides these assumptions, a set of common socio-economic baseline indicators were used to assess different sectoral needs.

  • Given lack of accurate data, it is worth mentioning that the estimates of the financial requirements for AASAP probably do not reflect the entire needs of the area, but they provide the general trend of the needs that can be realistically met during the first three years of the peace agreement.

  • Given the current situation in the area, it is unlikely that significant public revenues can be generated over the next three years. Given the limited capacity of the local administration to increase its revenue stream, the total financial requirements for the vast majority of identified needs are likely to require external donor assistance. Yet, it is most likely that, given the development of oil resources in the area, a revenue stream for local government will substantially increase, particularly in the third year, after the peace agreement.

  • The successful of the AASAP will demand the establishment of effective local coordination mechanisms to manage the new resources that will be made available to Abyei area from internal and external sources. These resources are to be managed within the overall budget-based plan so as to provide the necessary financial discipline and effective management of resources to realize the specified outcomes of AASAP. It is apparent that there is urgent need to establish effective financial management and budgetary mechanisms as soon as possible.

  • Given high expectations and the challenges ahead, the need for a strong and concerted effort to mobilize and meet the financial requirements for AASAP is real and urgent so as to maintain security and give a real meaning to peace.

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The Abyei Boundary Commission Report

Document Summary (click on links to expand and minimize text)
Conclusions

After careful consideration of each proposition put forward by the Misseriya, Ngok Dinka, GOS and the SPLM/A, and thorough examination of available evidence, the ABC experts have made the following determinations:

In 1905, there was no clearly demarcated boundary of the area transferred from Bahr el Ghazal to Kordofan.

The GOS believed that the area of the nine Ngok Dinka Chiefdoms placed under Kordofan in 1905 lay entirely south of the Bahr el Arab is mistaken. It is based largely on a report by a British official who incorrectly concluded that he had reached Bahr el Arab when he had only come to the Ragaba ez-Zarga/Ngol. For several years afterwards maps, some of which were cited by the GOS in its presentation to the experts, manifested this error.

The Ngok claim that their boundary should run from Lake Keilak to Muglad has no foundation.

Historical records and environmental factors refute the Misseriya contention that their territory extended well south of Bahr el-Arab, an area to which they never made a former claim during the condominium period.

Although the Misseriya have clear "secondary" (seasonal) grazing rights to specific location north and south of Abyei town, their allegation that they have "dominant" (permanent) right to these places is not supported by documentary or material evidence.

There is compelling evidence to support the Ngok claims to having dominant rights to areas along the Bahr el Arab and Ragaba ez-Zarga and that these are longstanding claims that predated 1905.

There is no substance to the Misseriya claim that because the Abyei Area was included in "Dahr Misseriya" District, it belongs to the Misseriya people.The Ngok and the Humr were put under the authority under the same Governor solely for the reasons of administrative expediency in 1905. After that action, the Ngok retained their identity and control over their local affairs and maintained a separate court system and hierarchy of chiefs.

The administrative records of the condominium period and testimony of persons familiar with the area attest the continuity of Ngok Dinka statesments in, and use of, places north of the Bahr el Arab between 1905 and 1965, as claimed by the Ngok and the SPLM/A.

The experts considered the presentation by the SPLM/A that there dominant claim lies at latitude 10° 35' N, but found the evidence in support of this to be inconclusive.

The border zone between the Ngok and Misseriya falls in the middle of the Goz, roughly between latitude 10° 10' N and 10° 35' N.



Final and Binding Decision

Having duly considered, assessed, and weighed the evidence before them, the experts have come to the following decision:

The Ngok have a legitimate dominant claim to the territory from the Kordofan-Bahr el Ghazal boundary north to latitude 10° 10' N, stretching from the boundary with Darfur to the boundary with Upper Nile, as they were in 1956;

North of latitude 10° 10' N, through the Goz up to and including Tebeldia (north of latitude 10° 35' N) the Ngok and Misseriya share isolated occupation and use rights, dating from at least the condominium period. This gave rise to the share secondary rights for both the Ngok and Misseriya;

The two parties lay equal claim to the shared areas and accordingly it is reasonable and equitable to divide the Goz between them and locate the northern boundary at a straight line at approximately latitude 10° 22' 30" N. The western boundary shall be the Kordofan/Darfur boundary as it was defined on 1 January 1956. The southern boundary shall be the Kordofan-Bahr el-Ghazal-Upper Nile boundary as it was defined on 1st January 1956. The eastern boundary shall extend the line of the Kordofan-Upper Nile boundary at approximately longitude 29° 32' 15" E, northwards until it meets latitude 10° 22' 30" N;

The northern and eastern boundaries will be identified and demarcated by a survey team comprising three professional surveyors: one nominated by the national government of the Sudan, one nominated by the Government of the Southern Sudan and one international surveyor nominated by IGAD. The survey team will be assisted by one representative each from the Ngok and Misseriya and two representatives of the Presidency. The Presidency shall send the nominations for this team to IGAD for final approval by the international experts;

The Ngok and Misseriya shall retain their established secondary rights to the use of land north and south of this boundary.



List of International Experts

Ambassador Donald Peterson

Professor Godfrey Muruiki

Professor Birhan Gassahun

Professor Douglas Johnson

Professor Shadrack Gutto

 

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