The Hague court readjust the boundaries of Abyei region
(Summary by Charles Amoli)
22nd, July 2009
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 27o50'E from latitude 10o10'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 29o00'E,
from latitude 10o10'N south until it intersects with the Abyei Area's southern boundary:
(a) Northern Boundary
- 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 10o10'N, the ABC Experts did not
exceed their mandate.
- In respect of the ABC Experts' decision relating to the "shared
secondary rights area between latitude 10o10'N and latitude 10o35'N, the
ABC Experts exceeded their mandate.
- The northern boundary of the area of the nine Ngok Dinka chiefdoms
transferred to Kordofan in 1905 runs along latitude 10o10'00N, from
longitude 27o50'00E to longitude 29o00'00E.
(b) Southern Boundary
- 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.
- The southern boundary as established by the ABC Experts is therefore
confirmed, subject to paragraph (c) below.
(c) Eastern Boundary
- In respect of the ABC Experts' decision that "the eastern boundary shall
extend the line of the Kordofan – Upper Nile boundary at approximately
longitude 29o32'15"E northwards until it meets latitude 10o22'30"N, the ABC
Experts exceeded their mandate.
- The eastern boundary of the area of the nine Ngok Dinka chiefdoms
transferred to Kordofan in 1905 runs in a straight line along longitude
29o00'00E, from latitude 10o10'00N south to the Kordofan – Upper Nile
boundary as it was defined on 1 January 1956.
(d) Western Boundary
- 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.
- The western boundary of the area of the nine Ngok Dinka chiefdoms
transferred to Kordofan in 1905 runs in a straight line along longitude
27o50'00E, from latitude 10o10'00N 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
- 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.
- 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.
| Point |
Latitude (N) |
Longitude (E) |
Description |
| 1 |
9o47' N* |
27o50'00" E |
Intersection of the Kordofan-Darfur boundary, as it was defined on 1 January 1956, with the line of longitude. |
| 2 |
10o10'00" N |
27o50'00" E |
Intersection of the lines of latitude and longitude as determined by the Tribunal. |
| 3 |
10o10'00" N |
29o00'00" E |
Intersection of the lines of latitude and longitude as determined by the Tribunal. |
| 4 |
9o40' N* |
29o00'00" E |
Intersection of the Kordofan-Upper Nile boundary, as it was defined on 1 January 1956, with the line of longitude. |
* 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:
Will the two parties abide to this document...?
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