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Law Student: South Sudan government should condemn North Sudan Misseryia fatal attack on Abyiei Administrative Area

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The attack on Abyiei domestic facilities on 7th-11-2019 by Mesiryia of Northern Sudan 🇸🇩 is one the greatest mistake and explicit violations of international law according to the context of United Nations Security immunity of Abyei Administrative Area (AAA).

Despite, the fact that Abyiei is a Neutral administrative Unit supervised by the tri-administrations of the North Sudan 🇸🇩, South Sudan 🇸🇸 , and the United Nations 🇺🇳 -South Sudan still has full right to condemn the attack and recorded it as a violation of syndicate between the North and the South.

United Nations Security should also on the other side solicited urgent meetings to glimpse into the matter of Abyiei Administrative Area -because the government of South Sudan and North Sudan had fallen flat to settle the potential allocation of Abyiei to the south through a referendum.

According to the 2011 ABC documentary together with the extract of Petterson on Abyei boundary remark, the examination launched by ABC found out the below conclusions;

• In 1905 there was no clearly demarcated boundary of the area transferred from Bahr el-Ghazal to Kordofan.

• The GOS [Government of Sudan] belief that the area of the nine Ngok Dinka chiefdoms placed under the authority of Kordofan in 1905 lay entirely south of the Bahr el-Arab is mistaken. It is based largely on a report by a British official who incorrectly concluded that he had reached the Bahr el-Arab when in fact he had only come to the Ragaba ez-Zarga/Ngol.

• The Ngok claim that their boundary with the Misseriya should run from Lake Keilak to Muglad has no foundation.

• The historical record and environmental factors refute the Misseriya contention that their territory extended well to the south of the Bahr el-Arab, an area to which they never made a formal claim during the Condominium period.

• Although the Misseriya have clear “secondary” (seasonal) grazing rights to specific locations north and south of Abyei Town, their allegation that they have “dominant” (permanent) rights to these places is not supported by documentary or material evidence.

• There is compelling evidence to support the Ngok claims to have dominant rights to areas along the Bahr el-Arab and Ragaba ez-Zarga.

• The administrative record of the Condominium period and testimony of persons familiar with the area attest to the continuity of Ngok Dinka settlements in…places north of the Bahr El-Arab between 1905 and 1965.

• The border zone between the Ngok and Misseriya falls in the middle of the Goz, roughly between latitudes 10°10’ N and 10°35’ N. [Note that some consider the Goz, which is not suitable for cattle grazing, as the natural boundary between the two groups].

Taking these facts into consideration accordingly, Petterson reported that the ABC concluded the following:

• The Ngok have a legitimate dominant claim to the territory from the Kordofan–Bahr el-Ghazal boundary north to latitude 10°10’ N, stretching from the boundary with Darfur to the boundary with Upper Nile.

• Although the Misseriya have clear “secondary” (seasonal) grazing rights to specific locations north and south of Abyei Town, their allegation that they have “dominant” (permanent) rights to these places is not supported by documentary or material evidence.

• North of latitude 10°10’ N, through the Goz up to and including Tebeldia (north of latitude 10°35’ N) the Ngok and Misseriya share secondary rights.

• The two parties lay equal claim to the shared areas and accordingly it is reasonable and equitable to divide the Goz between them and locate the northern boundary in a straight line at approximately latitude 10°22’30” N.

• The Ngok and Misseriya shall retain their established secondary rights to the use of land north and south of this boundary.

With the above distinct documentary conclusions and considerations, North Sudan Misseryia communities should halt their violence seizure on Abyiei people and their properties and find other ways possible to gain access to grazing of their cattle through the lands of Abyiei -we South Sudanese have no problem with that, because we are nomads as well as Misseryia.

If not that our greedy leaders failed us with their self-centered creation of wars -our people would have not been into this tragic situation without similar retaliation to their daily life taking acts.

We need condemnation letter from south Sudan ministry of foreign Affairs otherwise, waiting to have peace first in South will let our land, people, and properties being owned by intruders while at the backdoor wasting time on nonstop peace search.

Commentary by Clement Dengkec Mapath
Law Student, Zagazig University Egypt.
Reachable through Clementdengkec@gmail.com or +201148760376

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