THE NINE NGOK DINKA CHIEFDOMS OF ABYEI AREA

TO: All Members of the African Union Peace and Security Council (AU-PSC) Sub: Acceptance and recognition of October 2013 Abyei Community Referendum results as basis for settling final status of Abyei area
November, 5th, 2013 Your Excellencies, We, the Ngok Dinka Chiefdoms of Abyei area would like to register our sincere appreciations and thankfulness to the AUPSC for your visit today to Abyei area and to the African Union High Level Implementation Panel (AUHIP) on two Sudans and its members; namely the former Presidents Thabo Mbeki, Abdulsalami Abubakar and Pierre Buyoya for their commendable efforts in producing the Proposal on Final Status of Abyei area which the AUPSC adopted at its 339th meeting held on 24th October, 2012 as a fair, equitable and workable solution to the dispute between the two countries. Similarly, we thank the entire AU for their ceaseless engagement with the two countries in order to find durable and peacefully-negotiated solutions for all outstanding post-secession issues between Sudan and South Sudan. As we appreciate UNISFA for their robust engagement to maintain security and order in Abyei area, we also commend the efforts of UN agencies and INGOs in provision of basic services to impoverished returnees and IDPs in Abyei area since 2011 crisis. The right of self-determination for the people of Abyei was affirmed in Addis Ababa Agreement of 1972 between government of Sudan and the then Southern Sudan Liberation Movement (SSLM). This right of self-determination was dishonoured when government of Sudan obstructed the conduct of Abyei referendum in late 1970s and declared Sharia Laws in Sudan which ignited full-scale war between North and South Sudan. Again, in Asmara, Eritrea 1995, the right of self-determination for the Ngok Dinka people was affirmed by National Democratic Alliance (NDA) in the conference which brought together all Sudanese opposition parties and movements including the SPLA/M. Furthermore, the Khartoum Peace Agreement (KPA) of April 1997 between government of Sudan and defected factions of SPLA/M also confirmed the right of self-determination for the Ngok Dinka Chiefdoms. Lastly, the 2005 Comprehensive Peace Agreement (CPA) between Government of Sudan and the Sudan Peoples Liberation Movement/Army (SPLM/A). The verdict of the Hague Permanent Court of Arbitration defined the area of the Ngok Dinka chiefdoms where their right of self-determination through referendum that should have been conducted simultaneously with that of South Sudan in January, 2011. But excruciatingly enough, the government of Sudan once again denied the Ngok Dinka Chiefdoms of their right for self-determination and razed to ashes the whole Abyei town and hundreds of villages to mark the second destruction of the area during the relative peace after the conclusion of the CPA.

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Esteemed members of AUPSC, The Abyei area has always been in turmoil for over 58 years since the first insurgence in 1955 in South Sudan all through to this moment. Staying in relative peace has been an elusive attempt in Abyei but the AUHIPs Proposal of Sep 21st, 2012 came as salvation accord which restored hopes among the overwhelmingly oppressed Ngok Dinka Chiefdoms whose referendum was repeatedly cancelled over the past four decades. But, so shockingly, it is more than a year now and AUPSC is still unable to live up to its commitment to endorse the AUHIPs Proposal on Abyei as final and binding solution in order to resolve the final status of Abyei area. The people of Abyei area have greatly remained silent and shown remarkable patience to the whole world and the African continent in particular, just to maintain peace between South Sudan and Sudan and give more chances for peaceful resolution of the standoff over Abyei. However, the AUPSC has convened more than ten meetings and summits on Abyei and facilitated numerous rounds of negotiations between Sudan and South Sudan to resolve Abyei final status. Yet, Sudan government has been adamant to defying all agreements and resolutions concerning the conduct of Abyei referendum in October 2013. The Ngok Dinka Chiefdoms of Abyei area have walked all the roads, knocked at all the doors and accepted very dear concessions for the sake of peace, nonetheless, Sudan government continued to lay mountains of obstacles in the course of peace only to maintain the status of Abyei area unresolved in order to subject innocent civilians to excessive suffering and to loot the Abyei oil. Dear AUPSC Members, Your persistent calls without immediate actions in all previous communiqus to refer the final resolution to Abyei conflict to the two Presidents of Sudan and South Sudan depict a major setback to implementation of your September 21st, 2012 Proposal on Final Status of Abyei due to the fact that the Abyei issue was referred to the African Union (AU) because of the failure of the same two Presidents to determine final status of the Abyei area in the past eight and half years. Deplorably, the AUPSC has even conspicuously backtracked on its moral and political obligations in the communiqu of its 339th meeting dated October 24th, 2012 which pledged that Council decides that, in the event that the Parties fail to reach agreement on the Final Status of the Abyei Area within the six-week period mentioned above, Council will endorse the 21st September 2012 Proposal as final and binding, and would seek the endorsement by the UN Security Council of the same. To date the AUPSC neither endorsed the Proposal nor had it referred to the UN Security Council for further action. This unnecessary delay to act and reluctance of the AUPSC to endorse its own Proposal on Abyei has warranted government of Sudan to abrogate the conduct of Abyei referendum in October, 2013 as per the AUHIP Proposal. While the AUPSC remains unable to enforce its own proposal on Sudan government, the Ngok Dinka people of Abyei were left with no choice but to organise their own Community Referendum in accordance with AUHIP proposed timeframe. The choice of the people as per the results announced in October 31st, 2013 was overwhelmingly with 99.99% votes favouring Abyei area to be part of South Sudan.

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We plead to the AU to consider recognition of the Abyei Community Referendum results as basis for settling the final status of Abyei area and call upon the two countries especially Sudan to accept the outcome of the Abyei Community referendum which was witnessed by independent international media and described by national and international observers as free, fair and transparent in addition to having met all the required international standards. Dear AUPSC members, Our hopes have seriously dwindled, our patience has wholly depleted and our suffering in displacement especially among women, children and elderly people is increasingly shocking. The civilians who have returned to their villages of origin are even under imminent threats of possible renewed tension due to the presence of Sudan Armed Forces (SAF) in the area. In understanding the status quo, it is imperative to note that the Ngok Dinka Chiefdoms will not accept any appeal and persuasion to disregard results of Abyei Community Referendum on selfdetermination. The Community Referendum reflected true will of the Abyei people and if accepted and endorsed by the AUPSC shall contribute to ending dispute over Abyei area. Excellencies, members of AUPSC, The Presidential summit between Salva Kiir and Al-Bashiir in October 22nd, 2013 in Juba came without concrete results on when the Abyei referendum shall be conducted and it is clearly evident that they will never reach an agreement soon on the final status of Abyei area. Also the inaction of the African Union on AUHIPs Proposal and failure to determine when the Abyei referendum should be conducted after the elapsed of October 2013 deadline in addition to perpetual reneging of Khartoums regime on conduct of Abyei referendum forced the Ngok Dinka people to organise their community referendum. We believe that the results of the popular referendum shall reflect the genuine will of the people of Abyei and shall preciously help the two countries to resolve the Abyei issue permanently. Finally, we strongly condemn lack of political will from government of Sudan to resolve Abyei issue as manifested in many occasions such as its refusal and obstruction of AUPSC delegation visit to Abyei in October 26th, 2013. Therefore, we the Nine Ngok Dinka Chiefdoms of Abyei area and all Civil Society Organisations, after the failure of AUPSC to ensure the conduct of Abyei referendum in October 2013 as proposed by AUHIP and after having conducted our community referendum, would strongly urge the AUPSC: 1. To accept and recognise the results of Abyei community referendum as basis for settling final status of Abyei area as the referendum was a genuine reflection of the raging will of Ngok Dinka people in quest for finding lasting solution to the political future of their area. 2. To ensure full and immediate withdrawal of Sudan Armed Forces (SAF) and their armed militias from various areas within Abyei area especially those stationed in Kech (Diffra)) oil fields. The withdrawal of SAF from Kec (Diffra) should be unconditional and implemented with immediate effect in accordance with AUPSC Communiqu dated 26th October 2013 and the UN Security Councils resolution No. 1990 (2011) and No. 2046 (2012) which call for withdrawal of all unauthorised forces outside of Abyei area.

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3. To mobilize African resources to assist safe and dignified return of IDPs to their home areas in Abyei and to urge the AU Commission to convene donor conference for reconstruction of Abyei area and to support developmental projects in the area especially for women and youth. Signed on behalf of Abyei area communities by: 1. The Nine Ngok Dinka Chiefdoms Abyei area 2. Abyei Civil Society Organisations (ACSOs) Abyei area 3. Abyei Youth Union (AYU) Abyei area 4. Abyei Women Union (AWN) Abyei area 5. Abyei Universities Students Associations (ABUISA) 6. Abyei Chamber of Commerce (ACC) Abyei area 7. Abyei Pastoralists Union (APU) Abyei area 8. Abyei Teachers Union (ATU) Abyei area 9. Abyei Human Rights Society (AHRS) Abyei area 10. Abyei Youth for Referendum (AYR) Abyei Area 11. Abyei Community Organisation in Juba 12. Abyei Community Organisation in Kuajok, Warrap State 13. Abyei Community Organisation in Wau, Western Bahr el Ghazal State 14. Association of the Nine Ngok Dinka Chiefdoms in Diaspora 15. Abyei Faith-based Organisations (AFO)

CC: UN Secretary General, Ban Ki-Moon UN Security Council (UNSC) AU-HIP on Sudan and South Sudan US Special Envoy for the two Sudans Inter-governmental Authority on Development (IGAD) EU Special Representatives on the two Sudans Chinese Special Representative on African Affairs UN Special Envoy for the two Sudans UK Special Representative for the two Sudan Members of Troika Countries UNISFA Head of Mission President of the Republic of South Sudan

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