th th The Hague International Model United Nations Qatar 2017 | 24 – 27 of January 2017 Forum: General Assembly Five Issue: Reviewing the Interim Security Force for Abyei Student Officer: Juntae Park Position: Deputy Chair Introduction The conflict between Sudan and South Sudan has been raging on for more than six decades, continuing on until this very day. It can trace its roots back to colonization, to when the area was ruled by an Egyptian-British condominium. During the process of decolonization, the governmental positions were increasingly given to northern Sudanese, the southerners not even being invited to meetings. Tensions rose between the northerners and southerners, and in the transitional period when Sudan was to become independent, the First Sudanese Civil War erupted. This war lasted for 17 years, until a peace agreement was signed in 1972. However, just 11 years later, the Second Sudanese Civil War occurred, due to the first peace agreement failing to resolve the tensions and enmity between the two nations. When the second war ended, the southern states were given the right to vote to become independent from the state of Sudan in 2011. This vote occurred in all the rebelling southern states, and thus South Sudan was born as a coalition of those states; but Abyei was a more complicated matter. Throughout history there have been clear differences between northern Sudan and southern Sudan. Firstly, there are two ethnic groups in the area. Northern Sudan has been influenced by Arabic culture, migration and is predominantly Arab, due to it being right south of Egypt and being in close proximity of the Arabian Peninsula. Therefore the northerners are mostly Muslim as well. However, southern Sudan is composed of indigenous African people, of which the largest group is called the Dinka. Under colonial rule northern Sudan and southern Sudan was governed separately, and interaction and trade between them was discouraged by the British. From this it is clear how unity may be very difficult. The two peoples have very different cultures, languages, and traditions. The Abyei area is a disputed region located on the border between Sudan and South Sudan, contested by both nations. It is a 10,546 square kilometers land of desert, farmland, and oil fields, the latter of which is highly desirable and fiercely contested. Because it is on the border between the two countries, it is in the ‘grey’ area where the two peoples, Arab and African, mix. The dominant Arab group Research Report | Page 1 of 10 th th The Hague International Model United Nations Qatar 2017 | 24 – 27 of January 2017 in this area are the Misseriya, who are nomadic herders that traverse Abyei seasonally. Then there are the Ngok Dinka, a sub-group of the Dinka who live in permanent settlements farming their land. Before, they coexisted in peace, but with the civil wars they were forced to choose a side. The Arabic Misseriya favored the north Sudanese government, while the Ngok Dinka supports South Sudan. The Abyei area was supposed to have a peaceful referendum to dictate which nation state it will join, however because of disagreements on whether the Misseriya are citizens of Abyei, and thus whether they can vote on the referendum or not, has delayed this process indefinitely. Attempts have been made to solve this situation, however none of them have been implemented yet, and in recent years due to the escalating violence the Security Council established UNISFA, United Nations Security Force for Abyei, which is a peacekeeping force stationed in Abyei Town, capital of Abyei. Abyei has often been cited as the ‘key to peace between Sudan and South Sudan’, and rightfully so. It has oil, a crucial resource, and it is the only state that has still not officially joined Sudan or South Sudan; it rather has a ‘special administrative status’ in which it is temporarily declared being a part of both Sudan and South Sudan. When before it had a population of about 50,000 people prior to the wars, now most of its people have died or fled: in May 2011, a third of Abyei Town was razed by the north, and more than 35,000 people have been displaced. Reviewing the Interim Security Force for Abyei and solving this issue at hand will be a gigantic leap towards peace and safety in Africa. Definition of Key Terms Abyei The Abyei area, as defined by the Abyei Protocol, is ‘the area of the Nine Ngok Dinka chiefdoms transferred to Kordofan in 1905’. Historically, the Ngok Dinka people have settled in this area, but the Misseriya also seasonally travel to Abyei, causing dispute on whether the Misseriya are legally residents of Abyei or not. Abyei Protocol The Abyei Protocol is a part of the Comprehensive Peace Agreement, which sets the Abyei region under ‘special administrative status’, declaring it a part of South Kurdufan, a state in Sudan, and simultaneously a part of Northern Bahr el Ghazal, a state in South Sudan. The ‘residents’ of Abyei are also declared citizens of both states, and this protocol shall be in effect until the referendum takes place. Research Report | Page 2 of 10 th th The Hague International Model United Nations Qatar 2017 | 24 – 27 of January 2017 Comprehensive Peace Agreement The Comprehensive Peace Agreement was an accord signed by the Government of Sudan and the Sudan People’s Liberation Movement, later known as South Sudan, on the 9th of January 2005. It ended the Second Sudanese Civil War, and also included that the Southern Sudanese Independence Referendum happen in 2011, which led to the creation of South Sudan. The Abyei referendum, which was supposed to happen simultaneously, got delayed indefinitely. SPLM The Sudan People’s Liberation Movement is a political party in South Sudan, founded as the political wing of Sudan’s People’s Liberation Army (SPLA). Ngok Dinka The Ngok Dinka are a subgroup of the Dinka people, who inhabit areas of southern Sudan. The Ngok Dinka has migrated into Abyei from the 18th century, and has settled down and inhabited the land since. Misseriya The Misseriya are a nomadic Arab people, who are a branch of the Baggara. The Baggara are nomadic Arab herders, travelling between southern Sudan and eastern Chad. The Misseriya traverse the Abyei, grazing in the land during the dry season. Referendum A referendum is an event in which the people of a state vote on a political issue. Autonomous To be autonomous is to have the right of self government, without external control. The right to be autonomous has been the topic of conflict in Sudan and South Sudan for many decades. Interim Security Force UNISFA, or the United Nations Interim Security Force for Abyei, is a peacekeeping force dedicated to the Abyei area, after a deal of demilitarization reached by Sudan and South Sudan on 20th of June 2011, under the terms of Security Council resolution 1990, on the 27th of June 2011. It is currently composed of 5,376 personnel, with the Ethiopian Army being the largest contributor. Research Report | Page 3 of 10 th th The Hague International Model United Nations Qatar 2017 | 24 – 27 of January 2017 Abyei Boundary Commission The Abyei Boundaries Commission was a meeting held in December 2004, to determine the borders of Abyei as well as its administrative status. Background Information First Sudanese Civil War The First Sudanese Civil War was a conflict from 1955 to 1972 between the northern Sudanese government and the South Sudan Liberation Movement. The territory now known as Sudan and South Sudan was under the rule of the British and Egypt from 1899, under the Anglo-Egyptian condominium, but in 1953 both nations concluded an agreement for Sudanese independence. In the transitional period, the administration and governmental positions were increasingly being held by the north Sudanese, which planted dissent and disapproval in the south Sudanese. On the 18th of August 1955, a military force of southerners mutinied against the Sudanese government, and when caught refused to surrender and went into hiding. They would late form the Anyanya guerilla movement, and this would mark the beginning of the civil war. By late 1960s about 500,000 people have died, and in March 1972 the Addis Ababa Agreement was signed: establishing the Southern Sudan Autonomous Region, granting citizens of Abyei a referendum to stay in Sudan or join the Southern Sudan Autonomous Region, and ending the war. However, the Addis Ababa Agreement would not resolve the tensions between Sudan and South Sudan; and in total, it is estimated that about half a million people died during the course of this war. Second Sudanese Civil War The Second Sudanese Civil War would be a 22-year long conflict, from 1983 to 2005, only 11 years from the first civil war. In 1983, the Sudanese President Jaafar Nimeiri infringed on the Addis Ababa Agreement by abolishing Southern Sudan Autonomous Region’s autonomy, refusing the Abyei residents’ right for referendum, and declaring Islamic law on all of Sudan, including the non-muslim southern Sudan. South Sudan rebelled as a result of this, and the Sudan People’s Liberation Movement is founded. The fighting mainly concerns the oil fields found on the border of Sudan and South Sudan, including the Upper Blue Nile and Abyei. In 2005, the Comprehensive Peace Agreement is signed, providing permanent ceasefire and autonomy for the south and a referendum for independence in 6 years. This referendum would result in the creation of South Sudan in 2011. This civil war resulted in the death of 1 to 2 million people, mostly civilians. Research Report | Page 4 of 10 th th The Hague International Model United Nations Qatar 2017 | 24 – 27 of January 2017 The Interim Security Force for Abyei In 2011, as South Sudan was about to declare independence in July, tensions escalated in the Abyei region. On the 19th of May, militants associated with SPLM are reported to have attacked a convoy of Sudanese Army and UNMIS 10 kilometers north of Abyei, leading about 15 tanks from the Sudanese Army to enter Abyei town. Fighting begins, and by 22nd of May the Sudanese military occupies the town. The UN reacted by enacting the United Nations Interim Security Force for Abyei, as on 20 th of June both the Sudanese Army and the SPLM signs a temporary peace agreement and withdraws their forces and demilitarizes the area, allowing UN and Ethiopian peacekeepers in Abyei. Abyei Border Dispute The CPA (Comprehensive Peace Agreement) contained the Abyei Protocol, which would place the Abyei district under a special administrative status until a final referendum, to stay with Sudan or join South Sudan, by the residents of Abyei takes place. This referendum still has not happened, due to a dispute over the definition of who the ‘residents’ are. Historically, from at least the 18 th century, the Dinka Ngok group populated the Abyei region. However the Misseriya, a nomadic Arab group of herders, also seasonally traverse Abyei; and South Sudan would not recognize the Misseriya as residents of Abyei. This dispute is the primary reason for the referendum not passing. The Abyei Boundary Commission was a conference taken place in 2005 to ‘define and demarcate the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905’, and explained the distribution of the oil profit: 50% to the Government of Sudan, 42% to Government of southern Sudan (SPLM), 2 percent to Bahr el-Ghazal (a state in South Sudan), Western Kordofan (a state in Sudan), and the local Ngok Dinka and Misseriya each. It was held by 15 people: 5 from Sudan, 5 from Sudan’s People’s Liberation Movement, 3 by the Intergovernmental Authority on Development (a trade bloc union in eastern Africa), 1 from the USA and 1 from the UK. The commission conclusion was to set a boundary from latitude 10°10’ latitude 10°22’30”, and that in this boundary the Ngok Dinka and Misseriya share secondary rights, and also will retain their secondary rights to use land north and south of this boundary. However, this decision was rejected by the Misseriya and Sudan, even though they are obligated to as part of the Abyei Protocol in the Comprehensive Peace Agreement, one of the reasons being that lines on a map are not the concerns of the Ngok Dinka or Misseriya, but rather grazing lands and access to water are. Therefore this decision was not demarcated. In 2008, Sudan and the SPLM agreed to commit their Abyei dispute to the Permanent Court of Arbitration. The dispute was mainly on whether the ABC exceeded their mandate in determining Abyei’s Research Report | Page 5 of 10 th th The Hague International Model United Nations Qatar 2017 | 24 – 27 of January 2017 borders. The Permanent Court of Arbitration concluded that they have exceeded their mandate on not providing sufficient reasons on their decisions. The Permanent Court of Arbitrations released their own redrawing of their Abyei borders, which significantly sizes down the Abyei area, giving more oil fields to Sudan. While the SPLM and Sudan has stated they accepted this ruling, the borders have not been demarcated yet. Major Countries and Organizations Involved Ethiopia The Ethiopian Army is the single biggest contributor to the Interim Security Force for Abyei; as of 30 th of June 2013, Ethiopia had provided 3,805 troops out of 3,831. The presence of the Ethiopians is to dissuade any attempts of invasion of Abyei by both Sudan and South Sudan, as neither side would want to attack the Ethiopians directly, who shares borders with both of them. However, as on the 17th of May 2014, the Ethiopian government has declared that they might reconsider their military support of UNISFA should the two Sudanese governments fail to resolve the conflict and take responsibility of the area. This has not happened so far, however the repercussions of what would happen if Ethiopia does retract their military could be disastrous. Without the Ethiopian Army in the way, another conflict between Sudan and South Sudan could potentially spark. Uganda Bordering South Sudan to its south, Uganda has received many refugees in the recent decades following the violence in and between South Sudan and Sudan. According to the United Nations High Commissioner for Refugees, about 85,000 South Sudanese are reported to have fled into Uganda since July of 2016. The Refugee Act 2006 was a legislation that declared that refugees have the freedom to work, freedom of movement, and to live in settlements rather than refugee camps. The South Sudanese are no exception, and many of them flee the violence in their home country in attempt to find peace in Uganda. Egypt About 2 million Sudanese refugees are estimated to live in Egypt, many of whose status as refugees are highly disputed. There are many cases of prejudice reported against the Sudanese in Egypt, such as racial discrimination, sexual assault, kidnapping and ransom, and much more. The right to legally be employed as Sudanese refugees is extremely difficult to obtain, due to requirements such as a certificate Research Report | Page 6 of 10 th th The Hague International Model United Nations Qatar 2017 | 24 – 27 of January 2017 of not carrying AIDS, assessment of legal status, employer sponsorship, etc. Housing is also very expensive due to the surge of Sudanese refugees fleeing to Egypt, and most cannot afford them in large cities such as Cairo, and must live in terrible conditions in the slums. Since 2007, 50 refugees have been shot on the way to escape to Israel. Egypt employs a very harsh policy when it comes to refugees fleeing to Israel, in which many, including Sudanese, have perished. African Union The African Union is a continental union compromising of every single African country with the exception of Morocco, whose main aim is to promote peace and cooperation on the continent, and raise the standard of living of African peoples. The African Union is very active in Abyei matter, as the area is crucial to achieve peace between Sudan and South Sudan. The AU has strived for independence referendums to take place in Abyei in 2012, which have not occurred, and since has been vocal about the violence in the area. United Nations High Commissioner for Refugees The UNHCR monitors the situation in Abyei very closely, keeping reports of how many people are displaced, the violence that occurs there, and such statistics. The UNHCR advocates for peace in the area, working with other UN branches such as the Security Council to call upon the Sudanese and South Sudanese governments to withdraw their military from Abyei, citing their actions as violations of previous agreements. The UNHCR raises awareness of the Abyei situation and its mandate, and enables for greater cooperation and coordination with other governments and organizations, international and local, to help protect refugees and provide fundamental necessities of living. Timeline of Events Date 1955 February, 27, 1972 1983 2003 Description of event The First Sudanese Civil War begins; during the course of the war, an estimated 5,000 people are killed. The Addis Ababa Agreement is signed, ending the First Sudanese Civil War, and creating the Southern Sudan Autonomous Region. The Second Sudanese Civil War starts. About 4 million people are displaced and about 2 million people are killed. Peace talks between Sudan and the southern Sudanese begin. Research Report | Page 7 of 10 th th The Hague International Model United Nations Qatar 2017 | 24 – 27 of January 2017 December, 2004 The ABC, Abyei Boundaries Commission, takes place, and determines the boundary of Abyei to be 87km north of Abyei Town. The Comprehensive Peace Agreement is signed, ending the Second Sudanese January, 9, 2005 Civil War. The ABC is presented to both countries; The Sudan’s People’s Liberation Movement supports the ABC, while the Government of Sudan has not accepted. Sudan deploys soldiers to Abyei Town, armed conflict occurs between Sudan March, 31, 2008 and the SPLM throughout May. Many areas of Abyei town are razed; about 25,000 civilians are estimated to have been displaced. June, 21, 2008 The Government of Sudan and the SPLM agree to submit their Abyei dispute to the Permanent Court of Arbitration in the Hague. The Permanent Court of Arbitration presents the final redrawn Abyei borders. July, 22, 2009 The size of the territory of Abyei is decreased in general and Sudan is given control of more oilfields. These borders have not be demarcated as of yet. January, 9 – 15, 2011 May, 19, 2011 June, 20, 2011 The South Sudanese Independence Referendum takes place, and 98% vote for independence. A referendum in Abyei was to take place, but has not occurred. Conflict between the Armed Forces of Sudan and the Sudan’s People’s Liberation Army begins in Abyei, as over 20,000 people flee the area. A deal of demilitarization is reached, and UNISFA is established, comprising of mostly Ethiopian personnel. Relevant UN Treaties and Events ● Resolution 1590, Security Council, 24 March 2005 ● Resolution 1990, Security Council, 27 June 2011 ● Resolution 1997, Security Council, 11 July 2011 ● Resolution 2104, Security Council, 29 May 2013 Previous Attempts to solve the Issue There have been attempts at trying to solve this issue, all of which were unfortunately unsuccessful due to the lack of agreement by both Sudans, and the lack of clarification on who is defined as a ‘resident’ of Abyei. The first attempt to define the border of Abyei was by the Abyei Boundaries Research Report | Page 8 of 10 th th The Hague International Model United Nations Qatar 2017 | 24 – 27 of January 2017 Commission, which was rejected by the Government of Sudan. Then the Permanent Court of Arbitration made a judgment on Abyei’s borders, and made a redrawing of it, which was accepted by both Sudans but have not been implemented. In 2012, the African Union High-Level Implementation Panel proposed for a referendum for Abyei to occur in October of 2013, which South Sudan has accepted but Sudan has not. However, on October 2013, the Dinka Ngok people of Abyei held an unofficial referendum anyway, to determine whether they want to join Sudan or South Sudan. The result of this vote was an overwhelming 99% for South Sudan, and less than 1%, a mere 12 out of 63,433 people, for Sudan. However, this referendum has not been officially recognized, due to the fact that the Misseriya people were excluded from this vote, and that Sudan has not accepted it. Possible Solutions Demarcating the Permanent Court of Arbitration’s borders. The size of Abyei is very important. The Abyei area has many oil fields, and the more it covers the more desirable it is to Sudan and South Sudan. The borders of Abyei have been tried to be defined multiple times, but they have all been without success as none of them have been physically implemented as of yet. The solution is to actually demarcate the borders drawn by the Permanent Court of Arbitration, as both Sudan and South Sudan has accepted them. Clearly defining who the ‘residents’ of Abyei are One of the most important aspects, if not the most important, of this debate is the uncertainty of who has the right to vote in Abyei. There are the permanently dwelling people of Ngok Dinka, but also the Arab peoples Misseriya, who seasonally traverse the lands. The Ngok Dinka are much more favorable to South Sudan, while the Misseriya prefer Sudan. Both Sudans want Abyei, an oil-rich region, to be their own territory, so it is obvious there is conflict on who can vote and who cannot. A possibility would be to completely rule out one group; either say only the Ngok Dinka are residents, or that only the Misseriya are residents, but that is likely to cause even more conflict. The most peaceful and agreeable path to take would to state that both the Ngok Dinka and the Misseriya are residents, and hold a referendum for Abyei to join Sudan or South Sudan with all Ngok Dinka and Misseriya citizens present. This would ensure a fair referendum, which reflects the opinions of everyone involved in the region, and therefore the results would be undisputable. 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