The Hague court readjust the boundaries of Abyei region

On Wednesday 22nd, July 2009, the Hague court readjust the boundaries of Sudan’s disputed oil-producing Abyei region – ceding the key oilfield areas of Heglig and Bamboo outside Abyei and placing them in the north Sudan district of Southern Kordofan.

The Tribunal defines the western and eastern boundaries of the Abyei Area as indicated on the Tribunal’s Award Map: The western boundary runs along longitude 27^o50’E from latitude 10^o10’N south until it intersects with the 1956 Kordofan-Darfur boundary. The Abyei Area’s western boundary then follows the latter until it meets the former. The eastern boundary of the Abyei Area runs along longitude 29^o00’E, from latitude 10^o10’N south until it intersects with the Abyei Area’s southern boundary:

(a) Northern Boundary

1. In respect of the ABC Experts’ decision that “[t]he Ngok have a legitimate dominant claim to the territory from the Kordofan – Bahr el-Ghazal boundary north to latitude 10^o10’N, the ABC Experts did not exceed their mandate.
2. In respect of the ABC Experts’ decision relating to the “shared secondary rights area between latitude 10^o10’N and latitude 10^o35’N, the ABC Experts exceeded their mandate.
3. The northern boundary of the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905 runs along latitude 10^o10’00N, from longitude 27^o50’00E to longitude 29^o00’00E.

(b) Southern Boundary

1. In respect of the ABC Experts’ decision that “[t]he southern boundary shall be the Kordofan – Bahr el-Ghazal – Upper Nile boundary as it was defined on 1 January 1956, the ABC Experts did not exceed their mandate.
2. The southern boundary as established by the ABC Experts is therefore confirmed, subject to paragraph (c) below.

(c) Eastern Boundary

1. In respect of the ABC Experts’ decision that “the eastern boundary shall extend the line of the Kordofan – Upper Nile boundary at approximately longitude 29^o32’15″E northwards until it meets latitude 10^o22’30″N, the ABC Experts exceeded their mandate.
2. The eastern boundary of the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905 runs in a straight line along longitude 29^o00’00E, from latitude 10^o10’00N south to the Kordofan – Upper Nile boundary as it was defined on 1 January 1956.

(d) Western Boundary

1. In respect of the ABC Experts’ decision that “[t]he western boundary shall be the Kordofan – Darfur boundary as it was defined on 1 January 1956, the ABC Experts exceeded their mandate.
2. The western boundary of the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905 runs in a straight line along longitude 27^o50’00E, from latitude 10^o10’00N south to the Kordofan – Darfur
   boundary as it was defined on 1 January 1956, and continuing on the Kordofan – Darfur boundary until it meets the southern boundary confirmed in paragraph (b) above.

(e) Grazing and other Traditional Rights

1. In respect of the ABC Experts’ decision that “[t]he Ngok and Misseriya shall retain their established secondary rights to the use of land north and south of this boundary, the ABC Experts did not exceed their mandate.
2. The exercise of established traditional rights within or in the vicinity of the Abyei Area, particularly the right (guaranteed by Section 1.1.3 of the Abyei Protocol) of the Misseriya and other nomadic peoples to graze cattle and move across the Abyei Area (as defined in this Award), remains unaffected.

In arriving at its decision, the Tribunal emphasizes that its mandate was limited by the Parties’ agreement in the Arbitration Agreement. The Tribunal acknowledges the possibility that the boundary lines may inadvertently lead to the partition of an inhabited permanent settlement, such as a village or town, in a manner that causes manifest impracticability to the inhabitants. In this regard, the Tribunal urges the Parties to begin immediate discussions with a view to reaching express agreement to mitigate hardships on the ground and to facilitate resolutions to such problems.

* The latitude values are approximate only and have been derived graphically from maps submitted by the Parties.

REFERENDUM

• Leaders from both sides accepted the ruling, calling it a compromise.
• “We think about a minimum of 10,000 square kilometers have been returned to the north. Most importantly this territory includes the disputed oilfields,” said Dirdeiry Mohamed Ahmed, representing the NCP at The Hague.
• “We want peace. We think this decision is going to consolidate the peace,” south Sudan’s Vice-President Riek Machar told reporters at The Hague. “We came to see justice and it’s a decision we will respect.”
• “We have given our word (to accept the judgment) and by our word we will stand,” said the South Sudan President Salva Kiir.
• The residents of Abyei region said they were satisfied with the ruling. “The important thing is we know where our territory is now,” said tea stall owner Nyan Abok. “Land is more important than oil,” added aid worker Kuol Deng Alak.

Documents and maps Detial:

• – The Abyei Boundary – Final Award document, 22 July 2009
• – The Abyei Boundary – Final Award Map, 22 July 2009
• – The opinion of Judge Awn Shawkat Al-Khasawneh (Member of ICJ)

Will the two parties abide to this document…?