Heglig? This Tent Does Not Belong To The Camel!

"It is definitely unfair of the international community to expect Juba to just sit and watch Khartoum carry out daylight robbery of her property without responding."


By Jacob J Akol*

“Master”, pleaded Camel, “my nose is cold. Can I put it in the tent to warm it up?” “Of course you can,” said the kind master. Shortly after, the Camel pleaded with the master to allow him put his ear inside the tent. When this was permitted, the head followed, then the front legs and then the hump. The rest is history. As we all know from this Arab story the Camel kicked the master out of the tent and into the cold night of the desert and claimed the tent for himself; but does it follow that the tent is the property of the Camel?

Anyone who knows a bit of the history of the Sudan would automatically conclude that any “disputed territory” along the Sudan-South Sudan border rightly belongs to South Sudan; but has been appropriated, by hooks or crooks by the Sudan. South Sudan has no history of land or wealth-grabbing from North Sudan or from anyone else territory. North Sudan is built precisely on that principle. The late Dr John Garang de Mabior, who led the then South Sudan’s-based Sudan People’s Liberation Movement/Army (SPLM/A) for more than 20 years, illustrated this philosophy once to a crowd of Dinka herdsmen in 1998:

“Imagine a traveller walking into your cattle camp one evening; you welcome him warmly, give him milk to drink and the best bed to sleep on. He stays with you for indefinite period and when you tell him that he has overstayed his welcome and was time for him to go, he claims that it was your fault to let him stay so long anyway and demands a share of your cattle: would you allow him to do so?”

There was a deafening “Nooo! Never!” from the crowd.

Would Garang have given Khartoum the chance to dupe the world into believing that the Heglig Oil Field is in Northern Sudanese territory? That we will never know.

South Sudanese who know that Heglig or Panthou or Aliny oil field is nowhere near the border of the Sudan as it stood on January 1st 1956 are mystified as to when and how the area has now become “part of (North) Sudan” as the international community is now clamouring to permanently disposes South Sudan of its territory and oil wealth.

The United Nations Secretary General, the European Union, the African Union and even friends of South Sudan like Norway, are calling on South Sudan’s army to pull out immediately from “Sudanese territory”. The United Kingdom and Egypt, which jointly ruled the Sudan until January 1956, should tell the rest of the world where exactly Heglig is located and they will, if truth be told, acknowledge it is tens of miles within the border of South Sudan in what was known as Western Upper Nile, purposefully changed later by Khartoum after the discovery of oil into the so-called “Unity State”, just like they have changed Panthou to Heglig.

Another anomaly that’s deceiving the International Community into thinking that Heglig is part of North Sudan is the judgement of the Permanent Court of Arbitration (PCA), which excluded Heglig from being part of Abyei. Fair enough; but who said Heglig was ever part of Abyei?

The confusion first arose from the findings of the Abyei Border Commission (ABC), who were directed to define the territory of the nine Ngok Dinka Chieftaincies whose territory was transferred to Kordofan (North) during the condominium for “administrative reasons”. The ABC included the Paan Aru area as part of the territory belonging to the nine Ngok Dinka chieftaincies. What they should have made clear in their report was that this particular area, Heglig or Panthou or Aliny, though occupied by a section of the Ngok Dinka, was never transferred to Kordofan and had always remained part of Western Upper Nile now known as Unity State.

The question is: If Heglig or Panthou or Aliny was never part of Abyei that was transferred from Bahr Al Ghazal to Kordofan, why did the Government of Southern Sudan accept the ABC’s findings without questions, making it clear that Heglig was never a part of Abyei transferred into Kordofan? The answer could either be pure lack of attention to details on the part of Juba; fear of giving a reason to Khartoum to reject the findings of the ABC or a collaboration by some people from Warrap State and Abyei to annex the oil field to Abyei, which they believed would vote in a referendum to be part of the Warrap State. After all 2% of oil proceeds is usually allocated to the state from where the oil wells are located.

As it turned out, Khartoum disputed the findings of the ABC. In the process of Khartoum’s intransigence, Juba agreed to have the case of Abyei taken up by the Permanent Court of Arbitration (PCA).

This Court redrew the original map of the ABC and excluded Heglig from territory awarded to the Ngok Dinka. Khartoum was jubilant with the decision of the PCA, asserting that the decision had now legalised their illegal occupation and annexation of Heglig to the North. Although Juba was not entirely happy with the decision of the PCA, nevertheless, they accepted the PCA’s decision, while still believing that the demarcation of the border between North and South as it stood on January 1st 1956, would show Heglig to be well within the border of South Sudan. After all first things first: the independence of South Sudan was paramount to South Sudanese; anything else could be sorted out later; so they thought.

Little did they expect that Khartoum would not adhere to the PCA’s decision or to the dictates of the Comprehensive Peace Agreement on Abyei. While they appeared to be in agreement with both the Abyei Protocol and the decision of the PCA, they were in fact preparing to abort any demarcation of the Abyei borders as prescribed by the PCA as well as finding ways to abort the Abyei Referendum as prescribed by the CPA.

Khartoum firs aborted the demarcation of the Abyei border by arming Arab militiamen who threatened to stop by force anyone carrying out the border demarcation. When the international community dillydally on forcing Khartoum to affect the decision of the PCA, Khartoum invaded Abyei by force, two months before the independence of South Sudan, on the pretext that their forces were first fired upon by the SPLA as they were moving their units out of the area. The fact that Arab tribes of Kordofan had a stronger motive than the SPLA to fire upon Khartoum’s troops leaving Abyei never registered with the international community. Equally, Khartoum’s own devious elements could have set up some Southern elements within their pay roll to fire on Northern troops for it to justify invasion of Abyei and abort the Abyei Referendum.

When, once more, the international community dillydally with Khartoum on the invasion of Abyei, Khartoum invaded the Nuba Mountains, then Southern Blue Nile. In all three cases, thousands of civilians have been killed and hundreds of thousands displaced into refugee camps in Ethiopia and South Sudan. The so-called “International Community” continued to dillydally with aggressor Bashir.
 

Then the bombing of South Sudan’s territory and actual invasion of border areas begun, with clear indications that Khartoum intended to cordon off more oil areas deep inside South Sudan.The dillydallying continues.

It is definitely unfair of the international community to expect Juba to just sit and watch Khartoum carry out daylight robbery of her property without responding. No wonder South Sudanese at home and in the Diaspora find themselves greatly offended by Ban Ki Moon’s reported ultimatum to Kiir to pull South Sudanese troops out of Higlig without pre-conditions. They see the UN SG as being soft on Bashir on multiple occasions and unduly bossy with Kiir.

*Jacob J Akol is editor of the Gurtong Website and Gurtong Focus Monthly Magazine. Digital editions are available on this website.
 

Posted in: Opinions
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16/04/2012, 10:19 PM
 - Posted by musa abraham
The war of dignity
The time has come for our will to be tested, by the enemy, by the history and by the future, The time has come to prove our self to the world and mostly to our coming generation, The time has come to honour our martyrs, leaders, soldiers, women and children who gives their lives in order for us to enjoy this freedom today, the time has come to fight for our dignity.
I am calling all the southerners in particular Politian’s, government and oppositions , journalist and analyst from now onward to stop attacking each other in any way of negative condemn and discouragement because we have war to fight we have something important then arguing over position in fact if we don’t win this war there won’t be something to compete for one day. Therefore I urge every southerner abroad or inside the country to use any opportunity he/she has to encourage our self and support one another.
My brothers and sisters citizen of south Sudan the enemy knows well how badly he treated and humiliated us in the pass. He knew very well the agony of hunger. That why he start to panics as .soon our government shut down the oil. Threatening our national security but we tell them not this time not after the show has come to the reality. therefore, people of south Sudan and everybody who need to live as a free man and first class citizen in his country this our time. The NCP thought that they still fighting “anyanya 1 or even anyanya 0” which they fail to defeat fifty years ago, But now they tried it and they felt the difference and congratulation to all SPLA soldier and our commanders. But this war is just started and is not the GOSS battle only; I believe we all know the enemy is targeting the whole country. This is shame on them because they can be given if they ask politely but is too late.
The Khartoum government now start using the mosques and religious leaders to mobilize their people for” jihad” against south and some of them are calling for a cancelation of the CPA, even though I doubt they won’t found a lot of people to fool this time .but also we will use our churches, mosque and any other sources if is necessary to protect it.
The CPA is the most important prove for our intelligence, is for the very first time “jalaba” noticed thy were not just dealing with tribes leaders or war warriors. some of you may think that the CPA is protected by the international witness, I also know that but still not safe yet, our friends in the international community done their part and I believe they will do more if we stand as one nation one voice, but we have to bare in our mind these friendships are built on strategic relations and it has its rules.
Is our role to protect the CPA and ensure its implantations and I will take this opportunity to acknowledge the courage of our president salva keer in his speech on april13 “
“I will not order the withdrawal of the forces this time. I say this not because we are interested in war but because we want this to be resolved once and for all”. But we have to stand firmly to defeat the enemy in any way he which to fight, politically or gun fight not just defeat him but betrayed them and teach him that we are not just war lovers but we have values and principle we follow and we respect our agreements. They need to show us that they deserve it and they are capable to maintain the peace, by respecting us as an independent country.
Therefore dear friends I am writing these words today as a member of this nation and I believe some of you may be have wrote similar. Let as stand as one and we will succeed. Long live south Sudan

By: Musa Abraham Gatlauk
Melbourne Australia
April 17th 2012
16/04/2012, 10:57 PM
 - Posted by Paul Hennelly
There is no evidence, so far as I am aware, that would put Heglig within the borders of South Sudan according to the border between North and South as it stood on January 1st 1956.

Even the map on the Gurtong web site, Map D: Central Bahr el Ghazal, prepared by the Centre for Development and Environment (CDE) of the Universtiy of Berne, Switzerland and used during the CPA ?talks appears to show the site of Heglig is within the north side of the apparent 1956 border.

19/04/2012, 5:04 PM
 - Posted by Jacob Akol
Just because it is published by a respectable University is not a varification that such maps are based on the January 1st 1956, and therefore a justification. The CPA is based on the 1956 border between North and South. Khartoum has been evidently producing and widely publicising maps which include lucretive areas annex from the South and Heglig is one of them.
Thanks for your opinion though.
Jacob
19/04/2012, 5:43 PM
 - Posted by Deng Deng
The SPLM and NCP are not anymore parters in a Government, but are still parters in the CPA; the SPLM'S -SOUTH alliance with it's North branch and other Sudan Parties may be in it's place. But, which of the Sudan parties will affirm the independence of the South after Beshir is overthrown? I need your opinions all. I am not talking about borders because we are already at war to liberate them.
01/05/2012, 6:33 AM
 - Posted by Jacob Akol
From Dr. Douglas Johnson,
(Member of the Abyei Border Commission, ABC).

Our understanding of the oral testimony we gathered from theNgok and Rueng groups we spoke to was that Ngok and Rueng territory was contiguous. We knew from the historical records that the Rueng were transferred, bit by bit, from Nuba Mountains, Bahrel-Ghazal and Kordofan to Upper Nile, and that the province boundary drawn on the map in 1931, when the last of the Rueng were transferred from Kordofan,represented the dividing line between Rueng and Ngok territory. We drew our boundary up to that line, which was also the provincial boundary line in existence in 1956.

So, the question is, if Panaru/Aliny/Heglig is east of that line, then it falls within Upper Nile Province, as defined by the provincial boundaries in place on 1 January 1956. If, however, it falls west of that line, then it was not included in Upper Nile on 1 January 1956, even if some Rueng were still living inside Kordofan at that time.

Since the CPA makes no mention of defining the boundary according to who was living where in 1956, but only mentions the boundaries as on 1 January 1956, South Sudan cannot claim that it was both part of the Ngok Dinka territory inside what was then Western Kordofan, and that it was also part of the Rueng Dinka territory inside Unity State.

The question that has to be resolved, in the terms of the CPA, is whether Panaru/Aliny/Heglig is east or west of the boundary line established in 1931. If east, it is part of South Sudan. If west, it is part of Southern Korfdofan. If part of Southern Kordofan it is part of Sudan, no matter who is, or was, living there.

The ABC did not push the boundary line east in order to include the area in Abyei. If Khartoum moved the boundary to include Panaru/Aliny/Heglig inside Western Kordofan (as some people in Juba now allege), that does not affect our decision in any way, since we were using the1931 boundary as a fixed point on which we could anchor Abyei's northern boundary line, not the boundary between Western Kordofan and Unity State as it was then. If Juba can prove that Khartoum moved the boundary so as to include Panaru/Aliny/Heglig in Western Kordofan, then they win their case.

We now know from documents recently released in Juba that up through 2003 the Khartoum-appointed administration of Unity State included "Heglig" inside its administrative jurisdiction. The official map was adjusted in 2004 - as the negotiations of the CPA were drawing to a conclusion - to show "Heglig" inside Western Kordofan. This was presented by Khartoum as a "correction", but whether it was a correction, a shift in the boundary line or a falsification of the official map has yet to be established.
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