Will Warrap Governor Kuol Muor’s Green Book Resolve the Violence Between Ngok Abyei and Twic Mayardit?

By Paulino Mamiir Chol, Colorado, USA

Sunday, 07 January 2024 (PW) — A question came to my mind after reading the Green Book of the Warrap Governor Kuol Muor. Will the Green Book, created by Warrap Governor Kuol Muor, effectively address the issue of Ngok and Twic Mayardit? No, the Green Book of Warrap Governor Kuol Muor will not solve the continued violent conflict between Ngok and Twic Mayardit. An international borderline has caused the violent conflict between Ngok and Twic Mayardit. Therefore, it is impossible for Green Book of the Warrap Governor Kuol Muor to resolve the violent conflict between Ngok and Twic Mayardit.

The Green Book might resolve the internal and interstate conflicts among communities in Warrap and Wau states. It appears that the Wau, Apuk Giir, Aguok, Kuac, and Tonj issues are internal land disputes and cattle raiding. For example, (1) the land disputes of interstate between the Wau and Apuk Giir Communities. (2) Land and border disputes caused internal conflict between the Aguok and Kuac Communities in Gogrial West. (3) Lack of internal border demarcation between the counties and Payams, dowry, and cattle raiding among the communities are the causes of the violent conflicts in the Greater Tonj Community.

Warrap Governor Kuol Muor extended his consultative meetings to Twic Mayardit and Ngok. According to his Green Book, the meeting was “attended by members of the Twic Community, elders, national members of Parliament, youth and women leaders, elders from Bhar El Ghazal region, and H. E Kuol Muor, the Governor of Warrap State. The Governor of Warrap State called the meeting to seek a lasting peace between Ngok and Twic communities.” His decision to meet with the community members of Twic Mayardit was okay to find out what happened between Twic and Ngok. However, his decision to find a solution between Twic and Ngok directly violated the Transitional Constitution of South Sudan, the Comprehensive Peace Agreement (CPA) of 2005, and the Abyei Protocol of 2004.

The 2011 Transitional Constitution of South Sudan, in Article 1 (2)(b), states, “the territory of the nine Ngok Dinka chiefdoms transferred from Bahr El Ghazal Province to Kordofan Province in 1905 as defined by the Abyei Arbitration Tribunal Award of July 2009 in the event that the resolution of the final status of the Abyei Area results in the Area becoming part of the Republic of South Sudan” (Chapter one, p. 13).

Article 97 (4) of the 2011 Transitional Constitution of South Sudan clearly states that “Pending a final solution on its status, Abyei Area, the territory of the nine Ngok Dinka chiefdoms transferred from Bahr El Ghazal Province to Kordofan Province in 1905 as defined by the Abyei Arbitration Tribunal Award of July 2009, is accorded special administrative status under the Office of the President of the Republic of South Sudan” Chapter two, p. 47).

With those two articles in our 2011 constitution, the Warrap Governor has no right to bring peace between Twic and Ngok because the violent conflict between the two feuding communities is an international borderline. We know that the final status resolution for the Abyei Area did not lead to the Abyei area becoming a part of the Republic of South Sudan. Abyei residents conducted the referendum, but the two countries did not acknowledge the results.

In addition, the Office of the President of the Republic of South Sudan has granted Abyei special administrative status. The right to bring peace between the two rival communities lies solely with the South Sudanese and Sudanese presidents.

The CPA of 2005, under Chapter IV on the resolution of the Abyei conflict at the end of the interim period, sections 1.3 and 1.4, states, “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 retains its special administrative status in the north and (b) that Abyei be part of Bhar El Ghazal. The January 1, 1956, line between north and south will be inviolate” (Chapter 4, p. 65-66).

The CPA of 2005 allowed South Sudan to become an independent country. However, Abyei is not part of South Sudan. The violation of the CPA led to the war between Twic and Ngok. It is an undeniable fact that the CPA declared that the line between north and south will remain unchanged. Since January 1, 1956, the Kiir River has been recognized as the boundary between north and south. However, the Ngok politicians redrew the south border and renamed the villages of the Twic Mayardit Community as Abyei areas.

The annexation of Twic land caused a continuing violent conflict between Ngok and Twic Mayardit. The Warrap Governor, Kuol Muor, will not achieve peace regarding the international border between the two warring communities.  South Sudanese and Sudanese presidents are the only ones who can bring peace between the two rival communities.

The Abyei protocol states, “1.1.1 Abyei is a bridge between the north and the south, linking the people of Sudan. 1.1.2 The territory is defined as the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905” (p.2).

Based on the Abyei protocol, Warrap Governor Kuol Muor cannot bring a solution between Twic and Ngok because Abyei has been a bridge between the north and the south, connecting the people of Sudan. Therefore, only South Sudanese and Sudanese presidents have the power to find a solution between the two rival communities.

In the consultative meetings with Twic Mayardit and Ngok, many problems were identified as root causes of the conflict between Twic and Ngok communities, “such as borderline, survey at Aneet, politicians, etc. However, the most pertinent cause of the Ngok-Twic conflict is a border dispute between Ngok Dinka and Twic at Aneet, Agok, and Southern River Kiir. Countless lives and properties have been lost in this conflict. Governor Kuol Muor called a Twic Community meeting in search of possible solutions to the conflict, and the following resolutions were proposed:

1. Creation of a Buffer zone at the Aneet and all areas in the Southern part of the Kiir River.

2. Relocation of Abyei Administrative Units currently South of the Kiir River to North of the Kiir River.

3. Deployment of SSPDF to the conflict-affected areas at Aneet, Agok Southern Kiir River.

4. Opening of road connecting Warrap State and Abyei Administrative Area for free movement of people, goods, and services.

5. UNISFA should be relocated from the South Kiir River to Abyei town, and UNISFA should stick to its mandate.

6. Bring together the Twic and Ngok communities for a peaceful dialogue to resolve the conflict.

7. Appointment of people with historical and vast knowledge about the conflict on both sides into peace committees to assist in the resolution of conflict.

8. Provision of enough security forces with the necessary logistics for deployment between Warrap State and Abyei Administrative Area.

9. Dispatching the mobile courts to try pending and emerging criminal cases and compensate the victims of the conflict” (p. 4-5).

Some suggestions from Twic Mayardit members might be possible solutions to the violent conflict, but others will not be solutions. Twic Mayardit members added five suggestions to the president’s four directives to solve the violent conflict between Ngok and Twic. First, in March 2023, President Salva Kiir laid out his four directives. Still, Twic and Ngok did not implement them because their issues were connected to the international border, which needed the decision of the two presidents of South Sudan and Sudan. 

The second resolution calls for the relocation of UNISFA from the South Kiir River to Abyei town. Yes, the UNISFA must be relocated to North Kiir from areas such as Anthony, Aneet, Agok, Abithong, and Wutpeeth in Twic. Third, the Warrap state Governor cannot achieve peace through peaceful dialogue between the Twic and Ngok communities because it is an international borderline. Only the governments of South Sudan and Sudan can bring together the Twic and Ngok communities for a peaceful dialogue.

Fourth, appointing individuals with a wealth of historical and extensive knowledge about the conflict on both sides to peace committees can be helpful to the resolution between Twic and Ngok. Fifth, providing enough security forces and the necessary logistics to deploy between Warrap State and the Abyei Administrative Area will not be a solution because the issue is the international border, which needs the involvement of the South Sudanese and Sudanese governments.

Lastly, dispatching the mobile courts to try pending and emerging criminal cases and compensate the victims of the conflict will be impossible because the issue is the international border. The issue needs the decision of the two presidents of South Sudan and Sudan. 

However, during consultative meetings, the Ngok Community underlined the eleven issues that triggered conflict as “(1) Land disputes (Aneet),(2) Destruction of property,(3) Killing of women and children,(4) Young people were arrested and detained without trial,(5) The government has hesitated to settle this Twic-Ngok conflict case,(6) Discrimination of Abyei as Kordofan(7) Division 11 has taken the side,(8) Conflict instigators,(9) Division of taxation suggested by the Twic community,(10) Social media(11). Armed forces are present on the border, and involvement of some politicians from both communities” (p. 11).

The land disputes were the cause of the identified issues among the two warring communities. It has been approved that the two communities were fighting over the South Kiir River, which is the land of the Twic Mayardit, based on 1956, CPA 2005, and the Hague ruling in July 2009. First, the CPA declared that on the 1956 map, the line between the north and south would not be changed.

In addition, the Permanent Court of Arbitration didn’t redraw the borderline between the Kordofan and Bhar El Ghazal regions. The Permanent Court of Arbitration confirmed the map of January 1, 1956, to be the international borderline between the Kordofan and Bhar El Ghazal regions.

Resolution of Ngok Community to the Conflict between Twic and Ngok are “(1) Government intervention, (2) Special tribunal courts to settle cases between the two communities, (3) Historical materials and maps to be consulted to justify where Aneet belongs, and (4) The victims are in grief, and the perpetrators should be arrested, investigated, and persecuted to give hope to the victim and to de-escalate conflict” (p. 11).

Their two resolutions can be possible, but two resolutions will not be possible. First, the intervention of the two governments is needed. Second, special tribunal courts can settle cases between the two communities. Third, historical materials and maps to be consulted to justify where Aneet belongs will not be possible because the map of 1956 is clear evidence.

Additionally, the Hague ruling didn’t redraw the southern Kiir River. Geographically and politically, Aneet belongs to Twic Mayardit. Lastly, the criminals should be arrested, investigated, and persecuted to give the victim hope and de-escalate the conflict between the two rival communities will not bear fruits because it will need the decision of the South Sudanese and Sudanese governments.

Dialogue and judicial approaches to resolving Warrap State conflicts may work for the other communities in Warrap and Wau states. However, the case of Twic and Abyei conflicts should not be settled through dialogue and involvement of one government.

Furthermore, the judicial approach for the Chief Justice to constitute tribunals and special Courts to try territorial disputes and criminal cases without delay in Warrap State will not work for the case of Twic and Ngok because their issue is the international borderline. The international borderline needs the involvement of South Sudan and Sudan.

There were 30 consolidated resolutions and recommendations in the clusters and governance cluster. However, I chose the solutions that are not applicable to the situation between Ngok and Twic Mayardit.

Resolution 2 requires “The Chief Justice to dispatch judges and establish Special Courts to all counties of Warrap State to speed up trials of all criminal cases involving communal and territorial land disputes and ensure victims of conflicts are compensated.” The conflict between Twic and Ngok cannot be resolved because their issue lies with the international border.

Resolution 3 requires the “National government and the Council of States to Settle/demarcate internal boundaries based on 1/1/1956 to resolve land and border-related disputes.”

The involvement of the national government and council of states will never happen regarding the case of the violent conflict between Ngok and Twic because their issue is the international border disputes, which need the involvement of South Sudan and Sudan.

However, the Wau, Apuk Giir, Aguok, Kuac, and Tonj issues are internal land disputes and cattle raiding. For example, (1) the land disputes between the Wau and Apuk Giir Communities. (2) Land and border disputes caused conflict between the Aguok and Kuac Communities in Gogrial West. (3) Lack of internal border demarcation between the counties and Payams, dowry, and cattle raiding among the communities are the causes of the violent conflicts in the Greater Tonj Community.  Their issues needed the national government and the Council of States to Settle and demarcate their internal boundaries based on January 1, 1956, to resolve the land and border-related disputes.

Resolution 5 requires “Comprehensive disarmament of civilians and proper storage of collected guns in well-guarded stores (p. 12).”

That resolution is very dangerous for Twic because the Warrap Governor has no jurisdiction to order the comprehensive disarmament of civilians in Abyei and a unity state. Second, resolution 5 was very dangerous for Twic to be disarmed because the Abyei youth came to Ayuok and killed Major Akol Tong and his soldiers at night in the Twic areas. Third, resolution 5 was very dangerous for Twic to be disarmed because the war killed the former Commissioner of Rumamer, Colonel Mayot Akuindik, and Deputy Governor, Brigadier General Noon Deng, in the frontline.

Fourth, resolution 5 was very dangerous for Twic to be disarmed because the Nuer militias used to attack Twic Mayardit. Lastly, resolution 5 was very dangerous for Twic to be disarmed because the UNISFA had been fighting alongside the Ngok militias against Twic Mayardit. The posts of the UNISFA, which have been stationed in the Twic areas such as Anthony, Aneet, Agok, Abithong, and Wutpeeth, used to defend the Ngok militias.

Resolution 11 requires “Free movement of the people, goods & services between Twic and Abyei” (p. 13). The free movement of people, goods, and services between Twic and Abyei will never happen because the Ngok militias have been against the suggestion from our President Salva Kiir in March 2023. In addition, it will never happen because Abyei Chief Administrator Chol Deng Alak will ignore the suggestion.

Resolution 14 suggests “Eminent personalities of Bhar El Ghazal (H.E George Kongor Arop, Gen. Awet Akot & Hon. Dr. Aldo Ajou Deng Akuei) to meet the President on Twic-Ngok conflicts to give his position on it.”

It will never happen for the eminent characters of Bhar El Ghazal, such as Elder George Kongor Arop, Elder Gen. Awet Akot & Elder Hon. Dr. Aldo Ajou Deng Akuei to meet with our President Salva Kiir, to discuss the conflicts between Twic and Ngok and reveal his position because they have ignored the issue between Ngok and Twic. At the same time, they know the truth between the two rival communities. If Elder George Kongor Arop, Elder Gen. Awet Akot, and Elder Hon. Dr. Aldo Ajou Deng Akuei hate the violent conflict between Twic and Ngok, it is possible they can bring a solution because they have practical experience about the issue of the two communities.

Resolution 18 requires “Deployment of Division 11, 3, and 5 Forces with necessary logistics without Warrap, Western Bhar El Ghazal States, and Abyei Administrative Area sons and daughters between conflicting areas.” It will not be possible to deploy Division 11, 3, and 5 Forces without Warrap, Western Bhar El Ghazal States, and Abyei Administrative Area sons and daughters between conflicting areas because it will reveal the weakness of the national government. Furthermore, it will promote tribal and sectional discrimination within the national army.

Resolution 22 requires “Security cooperation among Bhar El Ghazal State Governors and the Abyei Administrative Area Chief Administrator.” Security cooperation among Bhar El Ghazal State Governors and the Abyei Administrative Area Chief Administrator will never happen because Chol Deng Alak has been working with Unity State Governor Joseph Nguen Monytuil to cause insecurity in the Twic areas.

Resolution 23 requires “Implementation of four President’s Directives: a. Creation of a Buffer zone at Aneet and all areas in the Southern part of River Kiir, b. Relocation of Abyei Administrative Units from South of Kiir River, c. Deployment of SSPDF to the conflict-affected areas and d. Opening of road connecting Warrap State and Abyei Administrative Area for free movement of people and goods” (p. 13).

Resolution 24 requires the “Relocation of UNISFA to Abyei town and sticking to its mandate.” The relocation of UNISFA to Abyei town must be sung more loudly for the truth to be known. UNISFA must leave the Twic areas, such as Anthony, Aneet, Agok, Abithok, and Wutpeeth on the South Kiir River.

Resolution 28 requires “Banning the use of any humanitarian and United Nations Maps as the basis of local/internal boundaries demarcation in South Sudan” (p. 13). It would make sense to prohibit using humanitarian and United Nations maps as the basis for local and internal boundaries in South Sudan. UNISFA and other United Nations agencies have used humanitarian and United Nations maps to create conflicts among communities in South Sudan.

Resolution 30 requires “Constitutional post holders, generals, local government administrators, and community leaders, among others, proved to have instigated/incited conflict between or amongst communities of Warrap State, must have their immunities wiped through a court order and relevant authorities and brought to book according to the Constitution of the Republic of South Sudan” (p. 14).

That will never happen for the constitutional post holders, generals, local government administrators, and community leaders, who are proven to have instigated and incited conflict between or amongst communities of Warrap State, must have their immunities wiped through a court order and relevant authorities and brought to book according to the Constitution of the Republic of South Sudan. In the case of Twic and Ngok, the politicians and generals of Ngok caused the violent conflict between Ngok and Twic through the illegal map of Abyei Box. For example, Deng Alor Kuol, Dr. Luka Kuol, Dr. Francis Mading Deng, General Kuol Diem, etc.

Under Security Recommendations, “Replacement of Division 11 with Divisions 3 and 5 of SSPDF for immediate deployment at Aneet, Agok, and South of Kiir River for the Twic-Ngok border conflict (p. 15).

It will never happen to deploy SSPDF immediately at Aneet, Agok, and South of Kiir River for the Twic-Ngok border conflict. The immediate deployment of the SSPDF was possible because the armed youth from Abyei came to Ayuok village in Twic County, attacked soldiers stationed there, and killed an army commander, Major John Akol Tong, and his bodyguards including 35 SSPDF soldiers and civilians. However, the national government of South Sudan ignored the threat from the armed militias in Abyei.

Under Security Recommendations, “Immediate cessation of hostilities and initiate dialogue for peaceful settlement of land dispute and involvement of relevant sub-national governments and national governments for peaceful settlement of Twic-Ngok conflicts” (p. 16).

The immediate cessation of hostilities and initiation of dialogue for peaceful settlement of the land dispute and involvement of relevant sub-national governments and national governments for peaceful settlement of Twic-Ngok conflicts will be impossible. The international boundary between Twic and Ngok requires the attention of the Presidents of South Sudan and Sudan.

Under Security Recommendations, “Coordinated comprehensive disarmament of civilians across Warrap State and neighboring communities from Lakes State, Western Bhar El Ghazal State, Unity State, and Abyei Administrative Area and provided storage facilities to keep collected guns” (p. 16).

That will be a bloodbath for the comprehensive disarmament of civilians to happen across Warrap State and neighboring communities from Lakes State, Western Bhar El Ghazal State, Unity State, and Abyei Administrative Area.

Under Security Recommendations, “Cattle raiders and thieves shall be apprehended, tried, and sentenced in accordance with law by special courts, and murder cases shall be given speedy trials to avoid revenge killings. Capital punishment by firing squad is hereby affirmed subject to due process of trial, conviction, and death sentence. The victims of wrong shall be compensated in accordance with Wanh-Alel customary laws” (p. 16).

That will be impossible for cattle raiders and thieves to be apprehended, tried, and sentenced in accordance with law by special courts, and murder cases will be given speedy trials to avoid revenge killings. Due to a lack of judges and a financial system, the judicial system in South Sudan is currently in a state of paralysis. To reform the judicial system in South Sudan, the government must improve the economic status of its employees by increasing salaries to combat the issue of bribery.

Resolutions between Twic and Ngok should be as follows:

(1) Twic Community members, elders, national members of Parliament, youth and women leaders, and elders must reject signing the Green Book because it does not apply to the Twic Mayardit.

(2) The South Sudanese and Sudanese presidents must decide on the violent conflict between Ngok and Twic Mayardit.

(3) A seven-member national committee, including General Akol Koor, Chief Madhel Lang, Thiik Thiik, and four members from Awiel, Ruweng, and Unity State, should be formed to coordinate the peace process between the two rival communities.

(4) The UNISFA must be relocated from the Twic areas such as Athony, Aneet, Agok, Abithong, and Wutpeeth, which are located south of Kiir River to the north of Kiir River.

(5) The land dispute between Ngok and Twic Mayardit will continue until President Salva Kiir issues the presidential order that the Abyei Administration and UNISFA should move to the north of the Kiir River.

(6) If President Kiir refuses to issue the presidential order to let Ngok and UNISFA cross the Kiir River, we will file our case against the South Sudanese government and Ngok politicians with the East African Court of Justice and International Criminal Court.

(7) If Ngok fails to recognize the Kiir River as the international border and refuses to cross the Kiir River to the north side, Twic County should be given the status of the administrative area to face the Abyei Administrative area for fair representation.

Sincerely,

The author, Paulino Mamiir Chol, TUF Chairperson, Former Chairperson of Interim Committee of the Twic Mayardit Community in the USA, Former leader of the Lost Boys/Red Army, Author of Leading the Lost Boys, Ph.D. candidate in Management and Homeland Security at Colorado Technical University, master’s degree in law and policy from the University of Denver Sturm College of Law, Bachelor of art degree in Criminal Justice from the University of Colorado. He can be reached via his email address: paulinochol10@gmail.com and phone: 719-232-4960; Amazon: https://www.amazon.com/Leading-Lost-Boys-Untold-Journey/dp/0578326981/

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