Why Abyei Community Referendum be recognized? By Luka Biong Deng Fellow at Harvard Kennedy School lukabiong@kushworld.org luka_kuol@hks.harvard.

edu Published by the New Nation Newspaper Abyei, South Sudan, November 2013 During October 2013, the long awaited summit of the two Presidents in Juba did not set new date for Abyei referendum but importantly it did not condemn or ask the people of Abyei not to proceed with their referendum. The expected visit of AU to Abyei in October was deliberately obstructed by Sudan. In response to this apparent disrespect of Sudan, the AU held a meeting on 26th October and took for the first time rather unusual bold decisions. The AU for the first time strongly urged the UN Security Council to support the AU Proposal on Abyei as the best solution. However, the AU failed to set a new date for the conduct of Abyei Referendum. In the light of the failure of the two presidents and the AU to set new date for Abyei Referendum, the people of Abyei decided to proceed with their own referendum. On 18th October 2013, the people of Abyei represented by the nine Ngok Chiefdoms and the civil society organizations declared in a conference their intent to conduct their own referendum. This declaration was meant to give chance for the two Presidents and the AU to set a new date for Abyei referendum. The conference confirmed the formation of Abyei Referendum High Committee. This Committee was mandated to facilitate the conduct of Abyei referendum, advocate for the recognition of the outcome of the referendum. The conference also passed the rules and regulations for the conduct of Abyei referendum. These rules were based on Abyei Protocol, 2005, the ruling of the Hague Permanent Court of Arbitration, 2009, the AU Proposal on the Final Status of Abyei, 2012. They also provide for the formation of Abyei Referendum Commission with clear definition of eligible voters to be members of Ngok Dinka and other residents with permanent abode in Abyei area. On the basis of these rules, the High Committee appointed the Abyei Community Referendum Commission headed by Judge Monyluak Alor and other four members. Mr. Monyluak Alor is one of the most refined and credible lawyers in South Sudan. Most eligible voters were registered and the voting was conducted peacefully over a period of three days. The entire process of the
1

referendum was observed by international and local monitors, journalists, civil society organizations and political parties of South Sudan. Most observers and journalists were amazed by the way the referendum was orderly organized and conducted. Tim Flatman and Hannah Cross, the international observers who witnessed the conduct of Abyei referendum, were satisfied with the high standards exhibited by Abyei referendum process. They described this referendum not only peaceful and credible but it was conducted in a high level of transparency that accurately represents the genuine expression of the will of the people of Abyei. In the view of international observers, the Abyei referendum has exceeded in many aspects the standards met by the South Sudan referendum. The statistics of Abyei community referendum are quite telling. The people of 18 years of age and above and who registered for referendum put the residents of Abyei above 200,000. The voting turnout was about 98 percent that exceeded the turnout records in most recent referenda. The invalid ballot papers constituted 0.5 percent which is extremely low by all standards and shows the high level of education and awareness in surprisingly remote environment of Abyei that lacks mass media outlets. One of the main reasons for the success of Abyei referendum was its reliance on local resources and capabilities. The exercise was inspirational and it was a healing process for the people who have suffered a great deal for so long. During polling, many people shed tears and some fainted out of happiness that they made it at last. The referendum was also a self-discovery exercise for the people of Abyei. The presence of highly qualified and motivated youth together with resourceful women with a passion to make a difference made Abyei referendum a precedent and a true community-driven referendum. In particular, the women after the assassination of their Paramount Chief Kuol Deng took the lead in restoring hope. They formed a group of women called Pion Tok (One Heart) from the nine chiefdoms of the Ngok Dinka. This group has taken the lead not only in assisting the returnees but it has become an effective community police. The Abyei area has been without police and agreed administration and this women group has emerged to fill this gap. With this account, it would be incomprehensible for any sensible person to condemn this referendum or even to describe it as unilateral, illegal and irresponsible. This referendum is not unilateral in that it was not carried out by one government without the other. This referendum was just a legitimate action by the eligible voters of Abyei referendum; the members of Ngok Dinka and other permanent residents as defined by the AU Proposal on Abyei; to declare their will as to how they are to be governed. A right to self-governance
2

has been recognized under international law and at a minimum such right translates into a right of a community to convene a process by which they determine the manner in which they want to be governed. The people of Abyei have not done anything "illegal". They have not declared themselves an independent State nor taken violent actions to make this occur. What the people of Abyei have done is to assess their will with the intent of sharing that will with the international community as the basis for resolving the political future of their area. Indeed, for any person to describe what the people of Abyei have done as illegal may imply that a community does not have the right to discuss, assess and declare an opinion about how they wish to be governed and that is inconsistent with the democratic principles, the AU Constituent Act and the UN Charter. The people of Abyei have not even violated the resolutions of UN and AU on Abyei, which bind member States of which they are not. It could be argued that the people of Abyei are the only ones that are implementing the various resolutions of AU on Abyei. The idea of conducting Abyei Referendum in October 2013 was not invented by the people of Abyei but it was a month fully accepted by the AU. The definition of eligible voters of Abyei referendum to include only the members of the Ngok Dinka and other permanent residents was not a creation of the people of Abyei but it was a definition fully accepted by the AU. The referendum did not exclude nor deny the targeted eligible voters as defined by the AU Proposal on Abyei to participate in this exercise. During the visit of the AU to Abyei, the people of Abyei asked the AU not only to recognize the outcome of their referendum but to congratulate them for implementing decision of AU on Abyei. Indeed after its visit to Abyei, the learning curve of the AU improved considerably as reflected in its Press Release on 6th November 2013. The AU did not condemn the Abyei community referendum but it underscored the inalienable right of the people of Abyei to self-determination and recognized the reasons for the action of the Ngok Dinka community to conduct their own referendum. If the AU could take such balanced reaction to Abyei Community Referendum one would expect most countries to take the same stance or to fully recognize the outcome of the referendum. However, all the witnesses of the CPA such as UN, AU, EU, IGAD, the League of Arab States, IGAD Partners Forum, USA, UK, Norway, the Netherlands, Italy and Egypt are morally bound to be the first to recognize the outcome of Abyei community referendum. For South Sudan, the Council of Churches, the Youth Association, the civil society organizations, all the political parties including SPLM, the ruling party and SPLM-DC, the opposition party all recognized the popular decisions of the
3

people of Abyei. With this popular support, one would expect the South Sudan National Legislature may unanimously resolve to recognize the outcome of this referendum. President Salva may use such recognition as a pressure to seriously engage with Bashir to accept the popular decision of people of Abyei. If Bashir rejects the result of the referendum, President Salva may be left with no any other option but to recognize the outcome of the referendum and to ask the AU to do the same. With South Sudan recognizing the outcome of the referendum, the AU and UN will have limited choices but to impose immediate conduct of Abyei referendum; an exercise that would be a waste of resources and with known outcome. Whatever happens, the people of Abyei have said their word very loud and clear that they are part of South Sudan.