April 2012

South 's army, or the SPLA, soldiers drive in a truck on the frontline in Panakuach, state, 24 April 2012. REUTERS/Goran Tomasevic

The condemnations were met with anger from Crisis on the border , with questions such as ‘where were The disputed area of Heglig, or Panthou as it is the condemnations when Sudan occupied (and being referred to in South Sudan, grabbed the continues to occupy) ? Where were the world’s attention in the past weeks. On 10 April condemnations when Sudan began and continues 2012 the Government of the Republic of South to bomb Unity State in South Sudan?’ (See the Sudan announced that they had successfully next article, ‘Word on the street’ for some views occupied the area which most people had from South Sudanese.) understood to be part of Sudan in the troubled While South Sudanese maintain that they have state of Southern Kordofan. always considered the area of Panthou (Heglig) to The reaction from the international community was be part of South Sudan, the dispute remained nearly instantaneous and universal in its message generally off the radar, overshadowed by issues of condemnation. Amid growing concerns of an such as the ownership of Abyei and negotiations outbreak of war between Sudan and South Sudan, on oil revenues. The issue of ownership of many saw this as a foolhardy move that would Panthou/Heglig was not high on the agenda of almost certainly result in an intensification of actors within South Sudan, other than as part of hostilities. Condemnations and calls for withdrawal the overall need for border demarcation. came from the UN, AU, EU and some individual The ruling of the Permanent Court of Arbitration, countries worldwide. The President of the US in a which had been given the mandate to delimit the video-taped appeal asked South Sudan and Sudan borders of Abyei and was to constitute a final and to choose the road to peace. binding ruling, released its decision on 22 July 2009 stating that Heglig was not within the territory

1 April 2012 South Sudan Monitor

Crisis on the border - contd While the humanitarian situation in South Sudan is currently bad – and expected to get worse at least of Abyei. With this came an assumption by many in the short term – giving up on development is not that if Heglig is not a part of the disputed area of the answer. The international community must be Abyei, and was not mentioned as part of other prepared to combine humanitarian and disputed areas, then it was part of Southern development instruments so that physical Kordofan State, Sudan. infrastructure and human capital can continue to With the recent occupation of Heglig, South Sudan increase despite the unstable context. A crucial was clearly stating that Heglig/Panthou is disputed part of this is the need to continue investing in and must be considered as such until the border is people’s capacities for peace, to resolve their demarcated. In another way, the occupation problems and to hold those to account who are proved to South Sudan, Sudan, and the responsible for their well-being. Otherwise there is international community that South Sudan will not a risk that South Sudan will get stuck in a sit idle while attacks on its territory continue. It perpetual cycle of conflict, poverty and showed that they can, and will, react. emergencies. South Sudan is a notoriously complex and fast- What does this mean for the changing context and it is often difficult to predict international community? what happens next. This was proved again in the lead-up to both the 2010 election and the 2011 With increased fear of a looming war and referendum when analysts across the world apprehensions of what will happen to the economy predicted war and violence, yet everything passed in the wake of the halt of oil production in South off peacefully. However, one fact is undisputed: Sudan, there is increasing uncertainty of what type building a peaceful and prosperous society in of support will be most appropriate from the South Sudan requires long-term thinking. If we international community in the foreseeable future. forget the past and assume that we are operating A UK International Development Committee report in an environment that has existed only since 9 on UK/DFID engagement in South Sudan on 12 July 2011, we will be unable to interpret the April 2012 states: narrative from which current decisions are being “Given the mounting humanitarian made, and from which public reactions emerge. challenges, we recognise that the There are still many issues to be resolved between Sudan and South Sudan and in the current climate Department may need to continue to it is difficult to see how progress can be made. But modify its development plans and the international community can still play an focus to a greater extent on important role in facilitating and supporting space humanitarian assistance. The key for solutions to be found. And the better the history and nuances of the current situation are priority in South Sudan must be to understood, the more effective that support is likely prevent a humanitarian crisis. But, if to be. the country is to develop, it will need to invest in health, education and infrastructure.”1 South Sudan Monitor is looking for South Sudan: Prospects for Peace and Development. your feedback! Language about development often depicts a One year on from the first South Sudan vehicle, with the wheels of development ever Monitor we are evaluating how effective it propelling forward, though slowly. While is at sharing our commentary and humanitarian concerns must be addressed, if analysis on emerging peace and security longer-term development considerations are issues. neglected, then rather than the vehicle of development being propelled forward, we will have Your views are very important to us and a vehicle stuck in the mud, spinning its tyres. The we would be very grateful if you would longer the tyres spin, the further the vehicle sinks help us improve the newsletter by taking into the mud, and the more difficult it is to get out five minutes to complete a short survey. and move forward. Please go to www.surveymonkey.com/s/PYZDVYM to share your opinions. 1 South Sudan: Prospects for Peace and Development, (House of Commons International Development Committee, 12/4/2012), p 3.

2 April 2012 South Sudan Monitor

pressured to compromise heavily on Heglig in Word on the street order to compensate for the fact that the north had lost most of its oil in the separation with South Opinion piece Sudan. It has been emphasised that the border is not yet demarcated, and that statements attributing Heglig, located in the Muglad basin along the Heglig to Sudan are not correct. contested border between South Sudan and Sudan, contains significant oil reserves. It has been understood by many to be within Sudan because the northern regime managed to keep it under their authority during the Comprehensive Peace Agreement (CPA) period. South Sudanese have strong opinions on the recent events taking place within the troubled region, as has been evidence in the media in the past weeks. A few ‘public opinions’ are captured here. Many people, particularly within the international community, knew little about Heglig until it was captured by SPLA on 10 April 2012 under A man gestures at a market burnt in an air strike by the Sudanese apparently unclear circumstances. The SPLA air force in Rubkona near , 23 April 2012. claimed that it was provoked by attacks occurring inside South Sudan and was chasing the Sudan The South Sudanese community expressed Armed Forces (SAF), capturing Heglig in the frustration that some statements by the process. By contrast, Sudan maintained that South international community seemed judgmental and Sudan invaded the land and their argument seems did not see this as an effective way of solving to have been supported due to the fact that South problems between two sovereign countries, Sudan started claiming the land as their own after perhaps doing more harm than good. the takeover. Similarly people are blaming the Government of People on the streets of Juba and other major South Sudan for the failure to educate the towns in South Sudan rejected the international international community about issues surrounding condemnation of the occupation of Heglig and Heglig and have been demanding the dismissal of protested that the international community was not Foreign Affairs Minister Hon. Nhial Deng Nhial for well informed about the situation on the ground. his inaction in this regard. The Vice President of Many maintained that Heglig was always in South South Sudan Riek Machar Teny admitted to the Sudan in accordance with the 1 January 1956 public that the government has handled diplomacy border and insisted that Sudan only attempted to around the issue of Heglig poorly – many believe bring Heglig administratively into Southern this has prompted the international community to Kordofan after oil was discovered in the area in the ‘support’ the claims of Sudan, who was very early 1980s. People are adamant that Heglig be effective in its international diplomacy on the brought back under the authority of South Sudan. invasion. The highly contested withdrawal of troops from Heglig by the President of South Sudan met Many believe that the claim over with sharp disapproval by the public in South Heglig was dropped during the CPA Sudan, and some question whether the decision made by the President was appropriate since it and interim period due to fears that it was not approved by South Sudan National would complicate the referendum Legislative Assembly. process – the key step towards the One opinion that is clearly expressed is that the independence of South Sudan. issue of Heglig is a delicate one, and that the Therefore the issue of Heglig was matter is not settled. Recent events may indeed reserved for the international North– complicate border demarcation and undermine potential for agreement on remaining post- South border demarcation exercise. independence issues. There is therefore strong Some South Sudanese accuse the international public support for the international community to community of applying pressure on South Sudan establish a team to study the North-South border as a ‘soft target’ because the and the Heglig area in particular so similar government no longer responds to pressure from situations can be avoided and dealt with before outside. They also feel South Sudan was being they escalate into crisis.

3 April 2012 South Sudan Monitor

mandate, which called into question aspects of its findings and therefore its rulings on all the borders The ABCs of Heglig of Abyei. The southern-most boundary remained The Abyei Border Commission (ABC) was but the west was brought in slightly, with the north established to demarcate the boundaries of and the east being reduced quite substantially. Abyei, that is, “the area of the nine chiefdoms The ruling of the PCA did not grant Abyei to Sudan of the Ngok Dinka transferred to Kordofan in or to South Sudan – that, according to the CPA, is 1905”2. When the ABC published their report, to be determined through a referendum for the the Khartoum government rejected the people of Abyei that to date no progress has been findings, stating that the ABC had exceeded its made on. The ruling only demarcated the area of mandate. The most controversial aspects of Abyei. This is important when considering the the ABC findings concerned the northern and recent conflict in Heglig, as a common eastern boundaries of Abyei, which had misconception was that the PCA ruled that Heglig extended far enough east to include the was part of Southern Kordofan and therefore within currently disputed area of Heglig and other oil- Sudan. However, the ruling made no comment producing areas. (nor did it have the authority to) on where Heglig The daily oil output for Heglig is said to be belonged in relation to Sudan or South Sudan, only approximately 115,000 barrels a day, an amount that it did not belong within the territory of Abyei. which is about half of the total output of what oil The question of Heglig and other disputed areas remained in Sudan after the secession of South along the 1/1/56 border, the boundary which was Sudan. inherited from the colonial administration, will only On 7 July 2008, the Government of Sudan and the be resolved when the border is fully demarcated, Sudan People’s Liberation Movement referred the an exercise that among many other issues, was matter to the Permanent Court of Arbitration (PCA) supposed to have been completed before the ref- agreeing that the decision of the PCA would be erendum and independence. Until then, confusion final and binding. and the threat of renewed conflict will remain.

The findings of the PCA, released on 22 July 2009, Map: www.smallarmssurveysudan.org/pdfs/facts- were that the ABC had in some cases exceeded its figures/heglig/HSBA-Abyei-Heglig-map-WP26.pdf

2 The Comprehensive Peace Agreement, Chapter IV The Resolution of the Abyei Conflict, article 1.1.2

4 April 2012 South Sudan Monitor

The ABCs of Heglig - contd 2005 9 January Sudan People’s Liberation Army The mandate of the Permanent (SPLA) and the Government of Sudan signed a Court of Arbitration was: landmark Comprehensive Peace Agreement (a) Whether or not the ABC Experts had, on the (CPA) that ended the 22-year civil war. Among basis of the agreement of the Parties as per the others, the deal provided for demarcation of the CPA, exceeded their mandate which is ‘to border between north and southern Sudan as per define (i.e. PCA 23562 delimit) and demarcate the 1956 borderline; a permanent ceasefire; semi- the area of the nine Ngok Dinka chiefdoms autonomy for the south; power- and weath-sharing transferred to Kordofan in 1905’ as stated in the arrangements. Abyei Protocol, and reiterated in the Abyei 14 July Abyei Boundary Commission (ABC), Appendix and the ABC Terms of Reference and established under the CPA, completed its work Rules of Procedure. and ruled on the Abyei boundary. Although the (b) If the Tribunal determines, pursuant to Sub- Government of Southern Sudan accepted its article (a) herein, that the ABC Experts did not ruling, Sudan’s Government rejected it, alleging exceed their mandate, it shall make a that it has overstepped its mandate. declaration to that effect and issue an award for 2008 On 7 July Demarcation of the Abyei area was the full and immediate implementation of the referred to the Permanent Court of Arbitration ABC Report. (PCA) for a final and binding resolution. (c) If the Tribunal determines, pursuant to Sub- 2009 article (a) herein, that the ABC Experts exceeded their mandate, it shall make a 22 July After seeking international arbitration to declaration to that effect, and shall proceed to resolve disputes over the border region of Abyei, define (i.e. delimit) on a map the boundaries of north and south Sudan accepted the ruling by the the area of the nine Ngok Dinka chiefdoms PCA in the Hague which defined the border of transferred to Kordofan in 1905, based on the Abyei, excluding the Heglig oil field. submissions of the Parties. 2011 9 January South Sudanese began voting in a PCA Press Release Abyei Arbitration: Final Award Rendered referendum on self-determination across the country as stipulated in CPA. 22 May Following a shooting incident between northern and southern forces, Sudan Armed Timeline of border Forces invaded and occupied Abyei and displace conflicts: Sudan and thousands of people into South Sudan. 20 June Governments of Sudan and South Sudan South Sudan signed accord to demilitarise the disputed Abyei region and accepted an Ethiopian peacekeeping 1956 Sudan gained independence from Britain force. with Southern Sudan maintaining its colonial The United Nations Security Council borderline within the country. 27 June mandated and deployed the United Nations Interim 1972 The southern rebel group, Anya Nya I signed Security Force for Abyei, consisting of Ethiopian Addis Ababa Agreement with the Government of troops. Sudan. The deal provided for autonomy for the South Sudan declared its independence south. 9 July from Sudan after an overwhelming majority voted 1983 Fighting broke out again between the in favour of secession from Sudan. The celebration Government of Sudan and rebels under Sudan was attended by thousands of people in the South People’s Liberation Army, after the former reneged Sudan capital, Juba. on Addis Ababa agreement. 10 November South Sudan blamed Sudan for 1991 Riak Machar’s Nasser Faction split from conducting aerial bombardments of a refugee Sudan People’s Liberation Army calling for a camp in Yida, Unity State; Sudan’s army denies separation approach for the liberation struggle for being responsible. The camp was said to host the people of South Sudan. mainly refugees who fled fighting in Sudan’s Southern Kordofan State. At least 12 people killed and 20 others injured in the attack.

5 April 2012 South Sudan Monitor

5 December Sudan Armed Forces occupied Jau of Heglig oil field as illegal, calling for withdrawal of town in Unity State of South Sudan before they the troops and an end to Sudan’s bombing of were repulsed by the SPLA after few days. Both South Sudan in order to stop border clashes countries accused each other of supporting rebels spiralling into war. on their soil which fuel internal conflicts in their 19 April Small Arms Survey released a report respective territories. called Reaching for the gun: Arms flow and 30 December Sudan Armed Forces aircraft holdings in South Sudan, claiming among other bombed Raja County of Western Bahr El Ghazal things that both Sudan and South Sudan State in South Sudan, 17 people were reportedly sponsored rebel movements across each other’s killed in the incident. borders. 2012 20 April After intense international pressure, South Sudan announced it had withdrawn his troops from 20 January South Sudan announced the decision Heglig, while Sudan claimed it took it by force. to halt its production and export of oil via Sudanese pipelines after the two countries failed to 22 April Despite the withdrawal of the SPLA from reach a deal on export fees and Khartoum Heglig, fighting continued on the border as Sudan confiscated some of Juba’s oil consignments. Armed Forces launched attacks deep inside South Sudan. At least one South Sudanese soldier was 10 February Sudan and South Sudan sign a non- killed and two wounded in the attacks. aggression pact at talks brokered by African Union High Implementation Panel on outstanding 23 April Sudan’s Air Force bombed the bridge secession issues in Addis Ababa, Ethiopia. connecting Rubkona town with Bentiu town, in an attempt to damage the supply lines. The attack 26 February The SPLA regained the border town resulted in burning of market stalls and killing of at of Jau in Pariang County, Unity State from Sudan least three people. Armed Forces after heavy fighting. 23 April United Nations Security Council praised 26 March The SPLA attacked the Sudan Armed South Sudan for pulling its troops out of the Forces in the disputed border oilfield of Heglig, disputed oil field of Heglig and called on Sudan to claiming it was acting in self-defence after ground cease air bombardment and for the parties to and air attacks on its territory. resume peace talks under the auspices of the 29 March Sudan Air Force bombed South Sudan African Union. town of Bentiu, Unity State, including South Sudan 24 April African Union Security Council called for oil facilities, and ground attacks at Pan Akuach, immediate cessation of border hostilities between Jau and Teshwin. The SPLA engaged them Sudan and South Sudan and urged them to through ground attacks in these areas. immediately resume peace talks on outstanding 10 April After weeks of border fighting, the SPLA issues or face severe penalties. occupied the oil field and disputed border town of

Heglig. It claimed Heglig, or Panthou, as South Sudanese territory. Sources: 14 April Two Sudanese jetfighters bombed Bentiu South Sudan profile-timeline, BBC, 24 April 2012: in an apparent attempt to destroy a bridge that www.bbc.co.uk/news/world-africa-14019202 carries the main road north. The bombs narrowly Timeline - Fighting resumes between Sudan and missed their target, killing four civilians and a South Sudan, Reuters, 23 April 2012: soldier and wounding five others. The attack was widely believed to be an attempt to damage South http://uk.reuters.com/article/2012/04/23/uk-sudan- Sudan supply lines. southsudan-bombing-events- idUKBRE83M18820120423 15 April Sudan Armed Forces crossed the border into South Sudan, shelled and briefly occupied the small town of Kuek in Upper Nile State, before being repelled by the SPLA. Copyright © Saferworld, April 2011 SAFERWORLD www.saferworld.org.uk 16 April In response to the occupation of Heglig by SUDAN OFFICE Hamza Inn, Juba Town, Juba, South Sudan South Sudan troops, Sudan’s Parliament branded · Phone: +249 (0)924 430042/+249 (0)955 083361 South Sudan as the ‘enemy’ and that all state UK OFFICE The Grayston Centre, 28 Charles Square, London N1 6HT · Phone: +44 (0)20 7324 4646 · Fax: +44 agencies were to treat it as such. (0)20 7324 4647 18 April The United Nations Secretary General UK Registered Charity no 1043843 · Company limited by guarantee no 3015948 Ban Ki-Moon described South Sudan’s occupation

6