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Abyei Nine Ngok Dinka ChiefdomsLetter to African Union (AU) 26thOctober, 2013 Page 1 of4

THE NINE NGOK DINKA CHIEFDOMS OF ABYEI AREA

TO: All Members of the African Union Peace & Security Council (AU-PSC)

Sub: Conduct of Abyei Referendum in October, 2013 as Per AUHIP Proposal

October 26th, 2013

Your Excellencies,

We, the Ngok Dinka Chiefdoms of Abyei area would like to register our sincereappreciations and thankfulness to the African Union High Level ImplementationPanel (AUHIP) on two Sudans and its members; namely the former Presidents ThaboMbeki, Abdulsalami Abubakar and Pierre Buyoya for their commendable efforts inproducing 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 workablesolution to the dispute between the two countries. Similarly, we thank the entire AUfor their ceaseless engagement with the two countries in order to find durable andpeacefully-negotiated solutions for all outstanding post-secession issues betweenSudan and South Sudan. As we appreciate UNISFA for their robust engagement tomaintain security and order in Abyei area, we also commend the efforts of UNagencies and INGOs in provision of basic services to impoverished returnees andIDPs in Abyei area since 2011 crisis.

The right of self-determination for the people of Abyei was affirmed in Addis AbabaAgreement of 1972 between government of Sudan and the then Southern Sudan

Liberation Movement (SSLM) . This right of self-determination was dishonoured whengovernment of Sudan obstructed the conduct of Abyei referendum in late 1970sand declared Sharia Laws in Sudan which ignited full-scale war between North andSouth Sudan.

Again, in Asmara, Eritrea 1995, the right of self-determination for the Ngok Dinkapeople was affirmed by National Democratic Alliance (NDA) in the conferencewhich brought together all Sudanese opposition parties and movements includingthe SPLA/M. Furthermore, the Khartoum Peace Agreement (KPA) of April 1997between government of Sudan and defected factions of SPLA/M also confirmedthe right of self-determination for the Ngok Dinka Chiefdoms. Lastly, the 2005

Comprehensive Peace Agreement (CPA) between Government of Sudan and theSudan Peoples Liberation Movement/Army (SPLM/A).

The verdict of the Hague Permanent Court of Arbitration defined the area of theNgok Dinka chiefdoms where their right of self-determination through referendumthat should have been conducted simultaneously with that of South Sudan inJanuary, 2011. But excruciatingly enough, the government of Sudan once againdenied the Ngok Dinka Chiefdoms of their right for self-determination and razed toashes the whole Abyei town and hundreds of villages to mark the seconddestruction 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 insurgencein 1955 in South Sudan all through to this moment. Staying in relative peace hasbeen an elusive attempt in Abyei but the AUHIPs Proposal of Sep 21st, 2012 came assalvation accord which restored hopes among the overwhelmingly oppressed Ngok

Dinka Chiefdoms whose referendum was repeatedly cancelled over the past fourdecades. But, so shockingly, it is more than a year now and AUPSC is still unable tolive 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 remarkablepatience to the whole world and the African continent in particular, just to maintainpeace between South Sudan and Sudan and give more chances for peacefulresolution of the standoff over Abyei. However, it is evident that there is no little lightof hope in the end of African Unions (AU) tunnel to find very soon lasting solution forAbyei issue. The AUPSC has convened more than seven meetings and summits on

Abyei and facilitated more than ten rounds of negotiations between Sudan andSouth Sudan to resolve Abyei conflict. Yet, Sudan government remains adamant todefying all agreements and resolutions concerning the conduct of Abyeireferendum in October 2013.

The Ngok Dinka Chiefdoms of Abyei area have walked all the roads, knocked at allthe doors and accepted very dear concessions for the sake of peace, nonetheless,Sudan government continued to lay mountains of obstacles in the course of peaceonly to maintain the status quo in Abyei area to subject innocent civilians toexcessive suffering and to loot the Abyei oil.

Dear AUPSC Members,Your persistent calls without immediate actions in all previous communiqus to referthe final resolution to Abyei conflict to the two Presidents of Sudan and South Sudandepict a major setback to implementation of your September 21 st, 2012 Proposal onFinal Status of Abyei due to the fact that the Abyei issue was referred to the AfricanUnion (AU) because of the failure of the same two Presidents to find lasting solutionto the Abyei impasse in the past eight and half years.Deplorably, the AUPSC has even conspicuously backtracked on its moral andpolitical obligations in the communiqu of its 339th meeting dated October 24th, 2012which pledged that Council decides that, in the event that the Parties fail to reachagreement on the Final Status of the Abyei Area within the six-week period

mentioned above, Council will endorse the 21st

September 2012 Proposal as finaland 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 UNSecurity Council for further action. The unnecessary delay to act and reneging of theAUPSC to endorse its own Proposal on Abyei has warranted government of Sudan toabrogate the conduct of Abyei referendum in October, 2013 and this has made thesituation into power keg that could spark pervasive renewal of fighting at any time inAbyei area.

Dear AUPSC members,

Our hopes have seriously dwindled, our patience has wholly depleted and oursuffering in displacement especially among women, children and elderly people is

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increasingly shocking. The civilians who have returned to their villages of origin areeven under imminent threats of renewed tension due to the presence of SudanArmed Forces (SAF) in the area. In understanding the status quo, it is imperative tonote that the Ngok Dinka Chiefdoms will not bear any delaying tactics andpersuasions to postpone the referendum on self-determination during this month of

October because any attempt in that direction will certainly explode the alreadyfragile situation in Abyei area.

The AUPSC should conscientiously take note of South Sudans President recent letteraddressed to the AU, dated October 8th, 2013 in which H.E President Salvamentioned that He does see himself and President Al-Bashiir agreeing very soon onAbyei and thus requested the AUPSC to take urgent actions by forming Abyeireferendum commission and to ask both countries to send in their nomineesrespectively As usual the joint AUPSC and UNSC consultative meeting in October 8th10th, 2013 in Addis Ababa, Ethiopia did not bear any tangible results on Abyei issuewith exception of the routine calls that always fall on deaf ears of Sudan

government.

Excellencies, members of AUPSC,

The Presidential summit between Salva Kiir and Al-Bashiir in October 22nd, 2013 inJuba came without concrete results on when the Abyei referendum shall beconducted and it is clearly evident that they will never reach an agreement soon onthe final status of Abyei area. Also the inaction of the African Union on AUHIPsProposal on Abyei in addition to perpetual reneging of Khartoums regime on Abyeireferendum will not pass as normal business. But the will of the Ngok DinkaChiefdoms shall prevail over, as the community referendum is on-going. We arecertain that no any void call and advice will convince us once again to postpone

the referendum. We believe that the results of the popular referendum shall reflectthe genuine will of the people of Abyei and shall preciously help the two countries toresolve the Abyei issue permanently.

Finally, we strongly condemn lack of political will from government of Sudan toresolve Abyei issue as manifested in preventing AUPSC delegation visit to Abyei.Therefore, we the Nine Ngok Dinka Chiefdoms of Abyei area and all Civil SocietyOrganisations after the failure of AUPSC to determine the date for Abyei referendumwould like to reiterate strongly our positions as follows:

1. The community referendum on self-determination to determine the final statusof Abyei area is currently being organised and shall finish by end of thisOctober, 2013. In the event that the community referendum determinesAbyei as part of either country, the results shall be endorsed in respectiveLegislative Assemblies and used as basis and reference for resolution of thefinal status of Abyei area.

2. The Ngok Dinka Chiefdoms shall only stop from considering the results of theircommunity referendum as not final if only the AUPSC could immediately formAbyei referendum commission and come up with realistic timeframe anddetailed schedules on when the referendum should be conducted beforeend of December 2013.

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3. Should the AUPSC fail to respond urgently on when Abyei referendum shall beheld then it shall bear the responsibility for any escalation and tension thatmay arise during or in the aftermath of the on-going Popular Referendum.However, we call upon UNISFA to step up its Civil Protection component inorder to provide necessary protection for the voters in various voting centres

during the upcoming Popular Referendum.

4. We strongly call upon AU and UNISFA to ensure full withdrawal of SudanArmed Forces (SAF) from various areas within Abyei area borders especiallythose stationed in Kech (Diffra)) oil fields. The withdrawal of SAF from Diffrashould be unconditional and implemented with immediate effect. The AUPSCshould ensure that Sudan government respects the UN Security Councilsresolution NO 2046 which calls for withdrawal of all unauthorised forcesoutside of Abyei borders

5. We call upon all the international community and humanitarian agencies toprovide basic services and livelihoods support to vulnerable returnees andIDPs in Abyei area.

Signed on behalf of Abyei area communities by:

1. The Nine Ngok Dinka ChiefdomsAbyei area2. Abyei Civil Society Organisations (ACSOs)Abyei area3. Abyei Youth Union (AYU)Abyei area4. Abyei Women Union (AWN)Abyei area5. Abyei Universities Students Associations (ABUISA)6. Abyei Chamber of Commerce (ACC)Abyei area7. Abyei Pastoralists Union (APU)Abyei area8. Abyei Teachers Union (ATU)Abyei area9. Abyei Human Rights Society (AHRS)Abyei area10.Abyei Youth for Referendum (AYR)Abyei Area11.Abyei Community Organisation in Juba12.Abyei Community Organisation in Kuajok, Warrap State13.Abyei Community Organisation in Wau, Western Bahr el Ghazal State14.Association of the Nine Ngok Dinka Chiefdoms in Diaspora15.Abyei Faith-based Organisations (AFO)

CC:

UN Secretary General, Ban Ki-MoonUN Security Council (UNSC)AU-HIP on Sudan and South SudanUS Special Envoy for the two SudansInter-governmental Authority on Development (IGAD)EU Special Representatives on the two SudansChinese Special Representative on African AffairsUN Special Envoy for the two SudansUK Special Representative for the two SudanMembers of Troika CountriesUNISFA Head of Mission

President of the Republic of South Sudan