The contested areas – Abyei and South Kordofan – a pattern of
political interdependence

July 11, 2011
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Part II of Jens Pedersen’s paper for MSS: Making Sense of a Thorny
Separation. Part I can be read here: The Political Economy in North
Sudan and Internal Politics and Part II here - Internal Dynamics of
the South

In Abyei, various aspects of the implementation of the CPA, such as
the separate referendum for the area, the border demarcation and
security agreements made and eventually abandoned, have all but
hampered the entire CPA implementation. The referendum in Abyei
initially stalled and eventually never took place, mainly due to lack
of political ability and will to address the thorny issue of voter
eligibility. One reason is probably that it was a calculated decision
based on the assumption, that an approval of the greater referendum in
Southern Sudan would be enough to ensure some acceptance and hard
needed credibility for the NCP government. However, in the period
leading up to and following the referendum, the area of Abyei,
including areas of Greater Bahr el Ghazal, witnessed increased levels
of insecurity, through aerial bombardments and militia attacks.
Several of these aerial bombardments, were later confirmed by the UN
mission in Sudan (UNMIS)[1]. Still, the negotiations regarding the
Abyei issue, in the same period was a key example of the brinkmanship
and political chess game played out by the NCP.

The process and the involvement of the international CPA partners have
been criticised by analysts and activists, most notably by the
distinguished Abyei historian, Douglas Johnson, who in early 2011
criticised the approach by the international CPA partners, in
particular the US special envoy Scott Gration. In summary, the process
was accused of involving compromises of previous compromises within
the CPA, and in turn compromising agreements based on international
court rulings[2]. In Johnson’s opinion, the proposals from Mr Gration
brought into question the previous agreements in the CPA, and the
credibility of international law (PCA). But the various proposals also
failed to address the root causes of the conflict and tension
surrounding Abyei[3]. Other critics, such as Eric Reeves, a Professor
of Philosophy at Smith College, Massachusetts, sought to highlight the
failure of the international parties in the negotiations, to recognise
an evident need for more pressure on the NCP, instead of the previous
tradition of equal pressure on both parties and amicable compromises.
Reeves sought to highlight this by referring to evidence from the
Satellite Sentinel Project and other advocacy groups, indicating a
military build up in the Northern side of the border area[4].

All of this, combined with the failure to, through political avenues,
address the Abyei issue, became all the more relevant, when the
Sudanese Armed Forces (SAF), entered Abyei on the 20th of May and took
control of most of the Abyei area North of the 1956 border[5]. The
takeover has later been described as a premeditated military
operation[6].  This resulted in the civilian population of Abyei
fleeing further south, virtually emptying the area of the Dinka Ngok
population, who are considered by many to be the indigenous population
of the Abyei area[7]. Bashir has made it clear in various statements
that the takeover of Abyei was a legitimate response to a SPLA
meditated attack on a SAF convoy being escorted out of Abyei by UNMIS,
although no consensus on the exact number of casualties and details of
this event exists. Bashir has also made it clear that, in spite of
appeals and demands on the contrary, SAF will not pull out of Abyei,
until a new agreement has been made regarding Abyei. Whether this
agreement referred to concerns the security (meaning whose troops get
to stay in Abyei), the political status of Abyei, or the disputed
referendum to be held is not completely clear. In short, brinkmanship
looms and it reveals a dilemma indicating the NCP‘s non-adherence to
the CPA.

The final implementation of the CPA has now become increasingly
difficult. Not least because the leverage available to the
international community is limited, and because the takeover of Abyei
has provided a whole new set of bargaining chips for the NCP
government in Khartoum.  These bargaining chips are about to increase.
After the disputed elections in the South Kordofan State, the NCP with
Bashir’s fellow ICC indicted representative Ahmed Haroun, claim to
have won the gubernatorial election as well as the majority in the
State legislative assembly. This electoral validation of the NCP in
Kadugli (capital of South Kordofan) as seen in Khartoum in April 2010,
has given impetus to the NCP, and handed them a chance to exert
themselves in well-known confrontational manners. Most recently, this
has materialised in the demands that what remain of the SPLA Joint
integrated Units (JIU’s), based in the two remaining transitional
areas (South Kordofan and Blue Nile States) being requested to
withdraw south of the previously mentioned 1956 border[8]. Clashes
have already taken place in South Kordofan. These clashes, it is
suspected, may turn out to have some resemblance with what happened in
Abyei; a military takeover of contested territory contravening
previous agreements, resulting in large scale displacement (by some
deemed ethnic cleansing).

What concerns several observers, however, is the pattern in all of
this, indicating the military aspects of a deliberate political
strategy of slowly taking back control, through military means, of
these transitional areas, in order to improve the bargaining position
of the NCP government in Khartoum. Looking back, this may not seem so
farfetched, as none of these transitional areas have witnessed the
popular consultations, to the unclear extent stipulated in the CPA,
and part of the comprehensive approach to the contested border region.
This has also been delayed by the process of brinkmanship, so well
known and practised in the political custom of Sudan. What is of
concern and alarm to the South and SPLM/A in all of this, is that the
NCP may be getting away with non adherence to the various agreements.
Consequently, slowly but safely ensuring a takeover of areas, which
were suppose to be subject to more inclusive processes, during the CPA
period. This fear along with the fear of the NCP trying to forcefully
change the ethnography of the contested areas seems prevalent in the
South. Changing the demographics could be in order to expand the
tradition of contested voting results and popular expressions,
providing legitimacy for the NCP regime. As mentioned above, Bashir
has hinted at interest in conducting the referendum in Abyei. Whether
this is another sign of political manoeuvring or due to the fact that
at present there is very little of the Dinka Ngok population left in
Abyei, to vote against Abyei being part of North Sudan remains
speculation[9].

>From the SPLM the reaction has been military restraint, proven by the
SPLA forces allegedly pulling out of Abyei, when the area came under
attack, while at a political level laying claim to the Abyei area[10]
and demonstrating sympathy with the Nuba population of the southern
part of South Kordofan.

In summary, the approach to the contested areas of Abyei and South
Kordofan, illustrates how the various parties, are using each other in
order to ensure “domestic” political support and to maintain some
level of “domestic” political cohesion. In the case of the NCP
Government, this is done by hard line rhetoric and military
strategies, where as in the South, the SPLM is walking a fine line of
maintaining the main source of revenue namely oil[11], along with the
challenges of ensuring domestic political support among an
increasingly discontented population by standing firm against the NCP,
while responding to internal security threats as well.

A catch 22 and commonalities as a possible way out:

The difficult and challenging separation of Sudan and the creation of
the new Republic of South Sudan, has recently reached new levels of
intransigence and challenges. What in January seemed to be a success
of a comprehensive internationally mediated peace agreement, through
the completion of the referendum, now seems to be a catch 22 for the
coming nation of South Sudan. A catch 22 where the commonalities and
interdependence of the two alienated parties of the NCP and SPLM/A,
may be the most reliable option to avoid larger conflict. The most
obvious of these commonalities, seems to be the economic vulnerability
of the two parties and the reliance that both economies have on oil as
the main source of revenue.  Furthermore, there are other relevant
market connections, which tie not only the border areas together, but
also have an effect on local economies beyond the immediate border.
The recent blockage of the border, has resulted in not only prices
rising in the South, but prises falling on grain markets in the North,
due to fewer options of exporting grain to the South. In addition, the
prices of other commodities in the North supplied from the South, such
as cattle, have increased in the North, due to the same border
obstruction.[12]

Another commonality is the political dependence on one another, in
order to build and maintain domestic political consensus. The two
parties simply rely on each other for their own political survival.
Political unity within either of the parties is difficult to maintain
let alone imagine, should the opposite party not be present.

Given the past, where the level of influence of international
partners, mainly the US and EU[13], has proven to be limited, and the
AU have managed only to achieve several forums for negotiations and
temporary agreements, a more coordinated and novel approach, may be
needed. So far, the regional body of IGAD and the involvement of
players such as Ethiopia may seem to be the best offer currently on
the table. Although Ethiopia has previously been involved, it has so
far been on a smaller scale. There are few options for leverage left
in the US and even less so within the EU towards Khartoum (sanctions
have so far failed to financially impede those in Khartoum making the
decisions), and with the very pragmatic approach applied by China in
Sudan, there is little hope that a comprehensive solution can be
reached through these avenues. Thus, although there is little room for
optimism currently, there is no excuse for not exploring the options
of novel and different ways to address the compounded situation. These
should refrain from the previous approaches of deadline diplomacy
practiced in the process of the Darfur Peace Agreement (DPA)[14].They
could involve considerations regarding both the ICC indictment of
Bashir and issues such as more transparent and possibly pre-arranged
oil revenue sharing schemes as well as involvement of the new regime
in Egypt, which has reasonable interests in staying on good terms with
both Juba and Khartoum. Furthermore, Egypt and Ethiopia rely if not
equally, than at least on both North and South Sudan and as such,
schemes as the previously proposed oil for electricity with Ethiopia
could offer an interdependent option for political and economic
integration. The same could be said for Egypt, who also would benefit
from the option of further integrating the regional reliance on
certain resources (oil, water and electricity).

Jens Pedersen is a humanitarian worker with experience of working in
Darfur, South Sudan, South Africa, Zimbabwe and Sierra Leone.

[1] Sudan Tribune: “Sudanese warplanes have effectively bombed South
Sudan – UN confirm”, Sudan Tribune, 14 December 2010, Retrieved 21 May
2011, Available from
<http://www.sudantribune.com/Sudanese-warplanes-have,37266>

[2] The July 2009 ruling from the Permanent Court of Arbitrations,
regarding the borders of the Abyei Area

[3]D H Johnson: “Abyei: Sudan’s West bank”, Enough Project, 4 April
2011, Retrieved 8 April 2011 from
<http://www.enoughproject.org/publications/abyei-sudans-west-bank>

[4] E Reeves: “Continued Military Advance by Khartoum’s Forces,
Increasing Risk of Major Confrontation”, 13 March 2011, Retrieved 13
April from <http://www.sudanreeves.org/Article315.html>

[5] The administrative border during colonial rule prior to
independence. It is considered highly disputed and in the case of
Abyei altered by the 2009 PCA ruling.

[6] News24.com: ” Sudan’s move into Abyei “premeditated” 27 May 2011,
Retrieved 28 May from <
http://www.news24.com/Africa/News/Sudan-move-into-Abyei-premeditated-20110527>

[7] D H Johnson: “Abyei: Sudan’s West bank”, Enough Project, 4 April
2011, Retrieved 8 April 2011 from
<http://www.enoughproject.org/publications/abyei-sudans-west-bank>

[8] Small Arms Survey: “Armed Entities in South Kordofan”, Small Arms
Survey Briefing Paper, June 2011.

[9] The Nuba Mountains in South Kordofan is home to populations, who
fought long the SPLA during the civil war but who are ethnically
different from the main groups in both North and South Sudan. As such,
the area presents a dilemma of a potential opposition to the NCP. In
the past, the population have expressed concerns regarding fear of
marginalisation and although Muslim, the population was subject to a
Fatwa issued by the Islamic NCP during the civil war.

[10] The mentioning of Abyei as a part of South Sudan in the interim
constitution of South Sudan, caused condemnation from Khartoum, but
was likely to be a signal sent to the Dinka population of Abyei.

[11] Although the majority of the oil will be located in the future
Southern State, it will have to be processed and transported through
the North, in order to reach international markets.

[12] USAID: Sudan Referendum Impacts on Market Flows and Livelihoods, May 2011

[13]J Flint: Rhetoric and Reality: The Failure to Resolve the Darfur
Conflict, Small Arms Survey Working Paper, January 2010

[14] A de Waal: “Darfur’s Deadline: The Final Days of the Abuja Peace
Process”, in A de Waal, War in Darfur and the Search for Peace,
Harvard Equity Initiative, Harvard University and Justice Africa, 2007
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