Members Login

Foreign Arbitration Over Abyei Area Was Needless PDF Print
Written/Submitted by Dr. James Okuk   
Wednesday, 29 July 2009 06:51

By Dr. James Okuk

Abyei's district mapThe ruling of The Hague based International Permanent Court of Arbitration (PCA) over the disputes between SPLM and NCP about the ABC demarcations and mandate did not amuse me because it was needless, it is useless and it will be hopeless for the goodness of the very needy people of Abyei Area (the Ngok Dinka, Misseriya, and etc).

This ruling has only resolved temporarily the geographical coordinates of the physical map, but not the real human challenges of the majority of Abyei Area residents.  The money, time and human lives wasted on this contention could have been spent on better deeds for peace-building and sustainable development in Abyei Area.

I did not celebrate the news of the PCA ruling over Abyei Area because it offered nothing good to the suffering people living there in particular, to the poor people of Southern Sudan in general, and even to the marginalized people of the Sudan at large. This ruling subtracted nothing from the pressing negative realities that have been disturbing the masses who inhabit the Abyei Area, abject poverty and backwardness.

The status quo remains and will still remain despite the professional arbitration over Abyei Area by the self-enriching international judges of the PCA. No real peace and no sincere development will be seen in Abyei Area because the so-called political leaders who control government powers and wealth in the Sudan do not, and will not care for anything good except their selfish gains from the conflict over Abyei Area. The quarrels that they have had over Abyei Area were not for the improvement of the life opportunities of the poor people who live there, but only for grabbing the ‘Oil Money' and other bloody benefits that are gleaned from the lucrative resources available in the Area.

What makes the PCA ruling agonizing is that the international community just urged (diplomatically) the two native CPA partners to respect and implement the ruling; nothing else has been said beyond this. In fact, the required commitment is to promote the reputation of the PCA so that its judges, lawyers and lobbyists could make more money from similar kinds of ruling in future, using Abyei Area case as a ‘successful' legal precedent. But the hard fact remains; the common good of the Abyei Area residents have not and will never be the sole concern of the PCA and the International Community. Their concern will continue to be how to ship the ‘Blood Oil' and other valuables located underneath in Abyei Area to Industrial Countries in the West and the East.

What difference does it make when it is said at an international court that Abyei Area belongs to the Nine Ngok Dinka Chieftaincies when it was already known at the traditional local courts that the Area belonged to them, given the history of their ancestors and how they became the best brothers and sisters to the nomadic Misseriya Arab tribe in that bridging territory between the North and South of the Sudan?

Will the international legal affirmation of this 'Sense-of-Belonging' change the living standard of the poor people who continuous to linger in poverty and other social insecurities in Abyei Area? I do not think so nor am I optimistic for a better future for them under the current bad leadership and governance in the Sudan, especially the SPLM whose cadre is the Chief Administrator of Abyei Area.

I have no doubt that the poor people (be they Dinka Ngok, Arab Misseriya or whoever is defined legally to be a resident of Abyei) will continue to live in primitive huts without clean water and sanitary facilities. They will continue to move on bad roads. Their children will continue to learn in poor schools or even not get formal education at all. They will continue to live without adequate hospitals and veterinaries. And they will continue to live with lack or insufficiency of all other basic amenities needed for dignified human life despite the declaration by the PCA that Abyie Area belongs to Ngok Dinka with recognition of existence of other residents in the Area. Perhaps the only sign of better infrastructure over there will continue to be the tall Muslim Mosque in the centre of Abyei's market where both the Ngok Dinka and Misseriya go to pray five times a day, and go to listen to Imams's sermons one time on Fridays.

I am emphasizing "other residents" here because the PCA ruling was about geographical boundaries only and not about the nature and identity of the people located therein. In fact, and I repeat, the ruling of the Permanent Court of Arbitration over Abyei Area disputes was just needless, is just useless and will never restore the good hopes of the people who have been bearing the burdens of living over there. I am sorry to sound a cynic here but this is the real case after all.

Dr. James Okuk is a concerned Southerner and a recently PhD awarded candidate in the University of Nairobi. He can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Comments (4)Add Comment
0
...
written by Jwothab Othow, July 29, 2009
I completely disagreed with Dr. James Okuk that the ruling of the Permanent Court of Arbitration over Abyei Area disputes was just needless. Where were you when the SPLM and the NCP transferred the Abeyi case to the Permanent Court of Arbitration? You should have advice both SPLM and the NCP not to transfer the Abeyi case to the Permanent Court of Arbitration if you think it will have no good to the people of Abeyi. You should talk to the NCP to accept ABC reports in 2005 which was accepted by the SPLM but rejected by the NCP.
0
...
written by Dr. James Okuk, July 29, 2009
With due respect to disagreement of brother Jwothab Othow, it would have looked better if the opposer presented his argument why he thinks the ruling of the Permananent Court of Arbitration over Abyei Area dispute is not needless. The queation is not where I was when the case was referred to that international court but whether the ruling will change the living standard of Abyei Area residents. I remeber to be one of the people who opposed the international referral of the Abyei case together with H.E. Prof. Peter Adwok Nyaba and I stated my opinion clearly on this issue.

The NCP was justified legally to reject the ABC report in 2005 because the panels oversteped their mandate which was connected to the date of 1905 and not to the dates that were considered by thes panesl after they failed to obtain the 1905 Map of the Nine Ngok Chieftancies. The isuue was not a mere acceptance or or rejection by either SPLM or NCP; it was about the mandate stipulated in the CPA as the term of referernce for the ABC work.
0
...
written by Jwothab Othow, July 29, 2009
I strongly believe that the ABC experts did not exceed their mandate. The rejection of the ABC experts report by National Congress Party (NCP) was due to the fact that NCP wanted gain potential areas that have huge oil resevred places like Heglig and Bamboo oil field. This is totally a self contradiction and hypocrisy by Mr. Okuk to say that the ruling of the Permanent Court of Arbitration over Abyei Area disputes was just needless. I think it is fair to say that ones should not confuse his/her political differences with SPLM and the party you maybe affiliated to, and the issues that matter the most to our people, our land and resources. I am afraid that there might potentiality of the conflict renewal between SPLA and Sudanese army if we are not care about the situation on the ground. There are many people who believe t that the north-south border won't be demarcated in The Hague. It will be demarcated by using bullets not ballots. Thanks
0
...
written by Dr. James Okuk, July 30, 2009

Brother Jwothab, the argument that the ABC experts exceeded their mandate is not a matter of who strongly believe or who does not believe in their report; rather it is about the legal 'term of referernce' in the CPA provision. Of course the conflict of interest between the NCP and the SPLM occured because each of them was after the gain of oil areas in Abyei.

Please could you kindly point out the self-contradiction and hypocricy you seriously accuse me of, so that I do not interpret your statement as an insult to me, as I may reserve to respond with semilar treatment. If it was a slip of tongue from your side, please aplogize or prepare yourself for an embarrasement if I choose to kick back.

Write comment

busy
  Disclaimer: The articles, views and comments expressed on Pachodo.org website are solely those of the authors and does not necessarily represent those of Pachodo.org.
جميع الآراء والتعليقات المطروحة علي موقع فشودة دوت اورق تمثل وجهة نظر كاتبها وليس بالضرورة وجهة نظر الموقع