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Political and legal implications of exclusion of Abyei in the Constitution of Republic of South Sudan 2011
Political and legal implications of exclusion of Abyei in the Constitution of Republic of South Sudan 2011
By Dhieu Mathok Diing Wol
In examining documents inked by the NCP since 2005, a lay person in the discipline of law can easily reach a conclusion that Abyei would have been part of Bahr el Ghazal if its referendum was carried out simultaneously with the Southern Sudan referendum on the 9th January 2011. In looking and analyzing the Comprehensive Peace Agreement (CPA), the Interim National Constitution of Sudan (INCS), Interim Constitution of Southern Sudan (ICSS) and Permanent Court of Arbitration, Abyei Tribunal Award (PCA/ATA) a person could immediately begin to a belief Mr. Abel Alier on what he wrote in his book “Too Many Agreements Dishonoured”, if he/she were doubtful about credibility of the story.
Maybe what are important to be known by the readers are different positions of the parties during negotiations before the final document was produced and signed in Kenya. It is the hypocrisy of that stage hindering the implementation process. In Naivasha the NCP totally refused to discuss issues that are beyond 1/1/1956 South- North Sudan borders. They said these issues were not provided for by Mashokos basic principles document. Meanwhile, the SPLM was advocating retransfer of Abyei to Bahr el Ghazal through an administrative order from the Presidency.
Their logic was that, since the area was transferred to Kordofan by the colonel regime administratively the government in Khartoum must revise that decision by issuing another administrative order. The moderators who were facilitating the process, headed by USA came up with the middle position which compromised both positions of the SPLM and NCP, arguing them to accept the proposal as a win-win situation.
