Demarcation of North-South border responsibility of South Sudan .
.
By Jacob K. Lupai

Introduction

April 20, 2012 (SSNA) -- Sudan had been at war with itself twice
between 1955 and 2005 with only ten years interlude of peace. It
fought its first war between 1955 and 1972. The first war only ended
when a peace agreement between the North and the South was concluded
in 1972. The peace agreement granted the South local autonomy and a
regional government was established. The local autonomy enabled the
South to have powers of self-government. However, the South was
administered as an integral part of united Sudan with the regional
government answerable to the central government. It is not within the
scope of this article to cover the second war which was between 1983
and 2005. Nevertheless of greatest interest in relation to the
demarcation of the North-South border is the peace agreement of 1972
which defines southern provinces of Sudan to mean the three provinces
of Bahr el Ghazal, Equatoria and Upper Nile in accordance with their
boundaries as they stood on January 1st, 1956. According to the peace
agreement the three southern provinces constituted the Southern Region
which is now the Republic of South Sudan. The emphasis here is on the
North-South border as it stood on January 1st, 1956. The dispute
between South Sudan and Sudan should not have happened. This is
because South Sudan and Sudan should have known where the border was.
However, because of its hidden agenda Sudan is playing ignorant of
where the border was. It is a game to buy time with the intention of
exploiting whatever resources are available within reach in South
Sudan. It is therefore the responsibility of South Sudan to identify
where the North-South border was in order to put an irrevocable stop
to the exploitation of resources from South Sudan with impunity by
failures and liars who disrespect agreements.

Oil discovery in South Sudan

It is well established that almost all of the old Sudan’s known oil
deposits were located in Upper Nile and Jonglei provinces in Southern
Sudan but discovered only after the peace agreement of 1972. However,
the then Southern Regional Government was not consulted on the
granting of concessions to oil companies for prospecting and drilling
for oil within Southern Sudan. This speaks volumes of the type of
people the Republic of South Sudan is now dealing with. The discovery
of oil in Southern Sudan turned the North against the South. So the
recent declaration by the Sudan’s parliament that the government of
South Sudan is now an enemy is not a surprise at all. This may also
explain how and why the North had the refinery for Bentiu crude oil
built in Kosti in the North instead of in the South. The North simply
did not trust the South which the North anyway might have already
perceived as an enemy.

Many people may not know that the issue of oil turned the North
against the peace agreement of 1972. This was because the peace
agreement provided for the Southern Regional Government to levy a
corporation tax on any non-government owned factory in the South as
well as to tax the profits from the South. This would have provided
the Southern Regional Government with considerable revenues from any
refinery located in the South and on the export of any refined or
unrefined petroleum products. The revenues could have enabled the
Southern Regional Government to embark on the needed development
projects to improve the living standards of people in the South
comparable to those in the North. Nevertheless the North was just so
adamant that the refinery was located in Kosti for all the revenues
accruing to concentrate development in the North but with oil revenues
from the South. This may also explain how Sudan can easily brand South
Sudan an enemy when the issue of oil is touched. The recent
declaration y Sudan of South Sudan as an enemy is therefore not
unique. Sudan is simply more than jealous of the oil in South Sudan
and will use any means to have a share. The challenge is how to deter
naked aggression by Sudan.

Separation of Southern Sudan

The separation of Southern Sudan has greatly deprived the North of its
lucrative share of oil from the South. For the North to continue
exploiting oil fields in the South, it has adopted a strategy of
occupation of South’s border areas where most oil fields are located.
This may confirm that the Republic of Sudan will never ever agree on
any demarcation of North-South border that will deprive it of oil from
the Republic of South Sudan. This is simply because the Republic of
Sudan is fully aware that the border will show the contested oil
fields are in fact in the Republic of South Sudan. Sudan has let go
Southern Sudan as an independent country. The question is will Sudan
also let go the oil fields by being a party to the demarcation of
North-South border? The answer is of course a big no. Sudan may risk
an all out war rather than agree on the demarcation of North-South
border which is tantamount to the surrender of all oil fields to South
Sudan. Against this background what is next for South Sudan. Well,
South Sudan has a choice either to sit back and watch Sudan exploits
its oil with impunity or South Sudan to adhere to its border as on
January 1st, 1956 confirmed by the peace agreement of 1972. The
North-South border as on January 1st, 1956 is legitimate that should
settle any unwarranted claim by either side of occupation of each
other’s territory. Furthermore the issue of North-South border as on
January 1st, 1956 can be settled by reviewing and examining the maps
of South Sudan.

South Sudan’s maps

Reviewing and examining the maps of South Sudan as of January 1st,
1956 may provide a clear picture of where the contested border areas
are either located inside or outside South Sudan. After having
critically reviewed and examined the maps it should have been shown
clearly what action South Sudan should take. This means that South
Sudan should determine the North-South border on the ground according
to what the maps confirm. South Sudan should physically fix the border
on the ground exactly as confirmed by the map of South Sudan as of
January 1st, 1956. The implication is that South Sudan has to stand
its ground at whatever cost. The national parliament and state
parliaments must also support the North-South border as on January
1st, 1956 according to the available maps. It is likely that the
response of Sudan will be hostile and militaristic because Sudan is
the only country in the world that does not respect the territorial
integrity of South Sudan.

The main challenge is how to make the international community aware of
where the North-South border was located as on January 1st, 1956. The
Ministry of Information is doing a very good job in disseminating
information to the public where it also filters to international
media. In contrast the Ministry of Foreign Affairs seems to be
miserably unhelpful. One would have expected the Ministry of Foreign
Affairs to get involved in intensive and extensive diplomatic
offensive to counter effectively the baseless allegations that South
Sudan is occupying Sudan’s territory. The Ministry of Foreign Affairs
should have summoned if not already summoned the entire diplomatic
corps resident in Juba for a briefing on the situation on North-South
border. The Ministry of Information would then use giant screens to
display maps of South Sudan as on January 1st, 1956 for the diplomatic
corps to be aware of the location of contested oil fields. In this way
the world may come to know the false allegations against South Sudan
that it is occupying parts of Sudan. South Sudan diplomatic missions
abroad should have also intensified awareness campaign to inform the
various countries of the facts on the ground in South Sudan in
relation to Sudan’s propaganda portraying South Sudan as the
aggressor.

Sudan’s attempts to regain oil share

In desperation for oil from South Sudan, Sudan has opted for a
military solution. Sudan’s misguided belief in its military
superiority over South Sudan has pushed it to reckless and dangerous
behavior. Nonetheless militarily Sudan is unlikely to win a war
against South Sudan. The Sudan armed forces are in disarray given the
rapidity of the capture of Heglig by the South Sudan army. The Sudan
army was previously strong because the core components were the
marginalized of Sudan. Now that the marginalized are themselves up in
arms against Sudan, there is no chance for Sudan to win any war
against South Sudan. What is left of Sudan is its air force. However,
no territory can be captured from the air without ground forces.
Another disadvantage is that Sudan is fighting an unjust war against
South Sudan that its army may be confused while South Sudan army will
fight with determination as it is defending the territory of South
Sudan.  Yet another blow is that Sudan is now being asked to stop
aerial bombardment of areas in South Sudan. The greatest blow is that
Sudan air force bomb hit the United Nations Mission in South Sudan
(UNMISS) camp deep inside South Sudan. The United Nations may now
think twice instead of laying the blame for the conflict in the border
areas squarely on South Sudan. Sudan’s attempts to regain its lost
hare of oil are now like Sudan is chasing a shadow. Sudan should
understand that aggression is unlikely to pay without a high cost that
Sudan at the end may disintegrate completely.

South Sudan’s stand on Sudan’s aggression

The United Nations (UN) and the African Union (AU) were partial in
their blame of South Sudan for the aggressive behavior of Sudan.
Probably the UN and the AU were deep in sleeping that when all of a
sudden they woke up and in their biased perceptions issued emotionally
charged statements condemning South Sudan for Sudan’s naked
aggression. It is said it takes two to quarrel. Without giving
themselves ample time to examine critically the conflict in the
North-South border areas, the UN and the AU jumped headlong into
condemnation that South Sudan was the aggressor and so wrong while
Sudan was right in aggressing South Sudan. It is here that South Sudan
should avail the UN and the AU with all the necessary maps of South
Sudan as on January 1st, 1956. South Sudan’s stand on Sudan’s
aggression should be that of standing by facts as revealed by
authentic maps of South Sudan. People may not know that most of oil
fields are in South Sudan. The unity oil fields outside Bentiu town
are only near the border of Southern Kordofan and fields of oil in the
Maban area of northern Upper Nile are also near the border of Blue
Nile. The claim that the oil fields are in Sudan is false. It is hoped
that the substantial oil deposit across the South Sudan-Ethiopian
border between Nasir and Gambella is not again claimed by Sudan.

Conclusion

Arguably the demarcation of North-South border is squarely the
responsibility of South Sudan. How possible is that will be answered
with the help of authentic maps of South Sudan as on January 1st,
1956. Oil should not be the primary concern of South Sudan but where
the North-South border is should be the main concern. Sudan will not
demarcate or be a party to the demarcation of the border for reasons
already stated. It is South Sudan that can demarcate the border by
pushing relentlessly until the North-South border based on the maps of
January 1st, 1956.

In conclusion, South Sudan will be wasting valuable time waiting for
Sudan to agree on the demarcation of North-South border. We take what
is ours and leave what belongs to Sudan. However, when Sudan wants to
use its army to grab whatever does not belong to them so be it. We
cannot wait any longer for the Holy Ghost to come. We will welcome the
Holy Ghost in a thanksgiving prayer when we have first secured our
legitimate border with Sudan.

The author can be reached at [email protected]

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