The need for a cautious approach over Abyei dispute
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By Jacob K. Lupai

May 5, 2011 — The Comprehensive Peace Agreement (CPA) between the
Government of the Republic of Sudan and the Sudan People’s Liberation
Movement/Army (SPLM/A) signed on the 9th January 2005 ending a 22-year
civil war in Sudan accorded Abyei area administrative status under the
institution of the Presidency. The Presidency was to establish an
Abyei Referendum Commission to conduct Abyei referendum simultaneously
with the referendum of Southern Sudan. Abyei was to choose either to
remain in North Sudan or to join the South. The referendum of Southern
Sudan took place on the 9th January 2011 but that of Abyei didn’t. The
reason, the North has an eye on Abyei abundant oil resources and
luxuriant pastures.

A little bit of analysis may indicate whether Abyei is northern or
southern. During the Turko-Egyptian administration the Ngok Dinka with
Abyei as their centre and the Missiriya fell under the jurisdiction of
Kordofan province. As the Turko-Egyptian administration had loose
control over tribal life the two groups remained politically
independent within the provincial unity. The Turko-Egyptian
administration in Sudan was between 1821 and 1885 when the Ngok Dinka
were under the jurisdiction of Kordofan province. It was unlikely that
the administration of Dinka Ngok was transferred to Kordofan in 1905
because probably the Ngok Dinka were never administered from the South
at that time in the first place. It was the British who instead wanted
the Ngok Dinka to join (not rejoining) the South.

In 1951 the British again gave the Ngok Dinka a chance of joining
either Bahr el Ghazal or Upper Nile province in the South. The
argument of the British was that the Ngok Dinka were racio-culturally
different from the people with whom they shared the district and
province in the North. It was considered appropriate for the Ngok
Dinka to join their racio-cultural kindred in the South. However, the
Ngok Dinka did not entertain the option of joining their kindred in
the South but to remain in the North. It is of recent that the Ngok
Dinka have been vigorously campaigning since 1972 to join their
kindred in the South. In addition the active participation of Ngok
Dinka in the attainment of independence to South Sudan cannot be
denied.

Arguably although Abyei is geographically northern, it has also been
culturally recognized as southern. Article 3(iii) of the Addis Ababa
Agreement of 1972 on the problem of Southern Sudan reads, “Southern
Provinces of the Sudan means the Provinces of Bahr El Ghazal,
Equatoria and Upper Nile in accordance with their boundaries as they
stood on January 1st 1956 and any other areas that were culturally and
geographically a part of the Southern complex as may be decided by a
referendum”. Here “any other areas that were culturally ---- a part of
the Southern complex” indirectly includes Abyei, the area of Ngok
Dinka in the North.

On Abyei the CPA is much more explicit. Chapter IV, The Resolution of
the Abyei Conflict, Article 8.2 reads, “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: a. That Abyei
retain its special administrative status in the North. b. That Abyei
be part of Bahr el Ghazal”. It can be seen that although it is not
outright Abyei is grudgingly recognized as southern. However, it is
the Ngok Dinka and only the Ngok Dinka alone that will determine the
destiny of Abyei either to remain in the North or to join the Republic
of South Sudan. What the Republic of South Sudan can do is to promote
an atmosphere conducive for the referendum in Abyei to take place
under international monitors for credible results that shall be
binding on the North and the South for a peaceful co-existence.

The title of this article may cause some people to raise their eye
brows. Somewhere in the Statistical Yearbook for Southern Sudan 2010
Abyei is considered a county in Warrap State. Also in the Transitional
Constitution of the Republic of South Sudan, 2011 Article 1(2)
indirectly claims Abyei belongs to South Sudan. One can understand why
the President of the Republic of Sudan exploded and threatened not to
recognize the independence of South Sudan. We seem to behave as though
Abyei is already part of the South while the referendum has not yet
taken place in Abyei. The British had proposed Abyei to either join
Bahr el Ghazal or Upper Nile but now Abyei seems to belong to Warrap
State in Greater Bahr el Ghazal. Abyei could be better off as a state
in its own right and the 11th state of the federal Republic of South
Sudan.

Federalism is revisited and may be to the dislike of those who are
nothing but paternalistic. The experience of the CPA interim period
has shown that centralization may stifles development. Billions of
dollars have been spent but the basic necessities of life such as
clean running water, health services, affordable housing are wanting.
Electrification of cities and towns is a problem. Streets at night are
dark because of the lack of lighting and insecurity is rampant.
Salaries as a necessity for daily bread are never paid on time but
millions of dollars are available for the renovation of old houses. We
have become a nation dependent on food security on producers beyond
our international borders despite the fact that we are an agricultural
country. Despite efforts being made road conditions in Juba are a
manifestation of poor investment. Bridges are never completed to the
discomfort of motorists.

A federal system of government may go a long way to address some of
the development problems in the states. The assertion by others that
centralization is appropriate to maintain unity in South Sudan is a
flaw. It is only the fear of the unknown. For example, there is an
argument that when the police service is centralized then this will
reduce insecurity hence unity in South Sudan. This is a joke. Human
beings regardless of tribal affiliation may take sides through
corruption and sympathy with what is perceived as injustice
perpetrated by the powerful. Anyway when people in a state choose to
be lawless why should it be the problem of another state? What the
federal government can do in such a situation is to mobilize resources
by requesting each state to contribute say 1000 police to be commanded
by an able officer to address the situation. This can be considered in
a state of emergency as articulated in the constitution. The idea of
being bossy over the sate is only for reactionaries but not for
visionary development oriented revolutionaries.

In conclusion, for development truly to take place in the states a
federal system is appropriate. The state also should not centralize
the government but decentralise to the counties and payams. In all the
interim period has shown centralisation impedes development where
resources have been simply squandered. The billions of Sudanese pounds
paid for some non-existent grains for food is an example. The states
should instead be empowered for self-reliance. It is obvious that
there are people with hidden agenda of domination and marginalization
of others hence will be rebellious against a federal system to satisfy
their egoistic vision. However, the determination of people for a
federal system which is fair for all is the key. The corrupt and the
greedy with their ethnocentrism should be consigned to history for the
South to be truly free and independent.

The author can be reached at [email protected]

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