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The Abyei Roadmap

In early June 2008, while the SAF remained in control of Abyei town and looting and destruction continued, negotiations to reestablish security there began in Khartoum and Juba. On June 7, 2008 government officials from the ruling National Congress Party (NCP) and the SPLM signed a new agreement on Abyei, the Abyei Roadmap, much of which reflected commitments already made under the Abyei Protocol to the CPA.

The Roadmap provides for the withdrawal of both sides’ armed forces from Abyei and their replacement with a new Joint Integrated Unit (JIU) of SPLA and SAF forces to replace the one that had divided so quickly after the first clashes, as well as a joint integrated police force. The new JIU was to be deployed by June 17, and the SPLA and SAF withdrawn as soon as the JIU had assumed their duties. The agreement also provided for the presidency to appoint a civil administration for Abyei.⁴⁶

The Roadmap also addresses the contentious issue of border demarcation, perhaps the most politically sensitive issue in relation to Abyei given its implications for oil revenue sharing and the anticipated 2011 local referendum. However, there is concern that it may have introduced unfortunate ambiguity into an already vexed matter.

Under the Roadmap the parties stipulated that if they could not agree the boundaries to the nine Ngok chiefdoms proposed by the Abyei Boundaries Commission in July 2007 (the ‘ABC Boundary’) by the end of June, the issue would be referred to the International Court of Arbitration for determination, which the parties formally did on July 7.⁴⁷ In the interim, the parties agreed to share oil revenues from the ABC Boundary area, as previously agreed in the Abyei Protocol.

However the Roadmap also provided for a more limited ‘interim’ boundary for Abyei, which excludes Meiram and the oilfields at Heglig. It is over this more limited area that the provisions regarding deployment of JIU, withdrawal of SAF and SPLA forces, and appointment of an interim administration apply. Thus while the Roadmap provides for the GoSS to receive oil revenues from Heglig, they will have no military or political presence in that area.

While the Roadmap does appear to address a number of outstanding issues concerning Abyei, there have already been delays in implementation. The new JIU deployed quickly, arriving in Abyei on June 18, 2008.⁴⁸ However, the SAF did not begin to withdraw until July 4, and by July 18 had yet to complete their withdrawal.⁴⁹ The SPLA has also yet to completely withdraw from areas south of Abyei.⁵⁰

Appointment of an administration for Abyei has also been delayed. Under the Roadmap the presidency was to appoint the new Abyei administration by the end of June. However, the parties could not reach agreement on the Deputy Chief Administrator,⁵¹ so appointment of the administration has been postponed until the end of July. The slow implementation has allowed tensions to mount once again between the two sides. On July 7, 2008 an SPLA soldier shot and injured a UN military observer and a SAF monitor in Agok.⁵²

In addition the Roadmap includes no provisions either for compensation or accountability for abuses carried out by any party during the fighting, both issues that residents who had fled the fighting told Human Rights Watch was essential⁵³. Due to SAF’s restrictions on access to the town, by early July no independent body had been able to conduct a full investigation into violations of human rights or international law during the fighting, nor had either the government of Sudan or the GOSS made any move towards a criminal investigation into those violations that amounted to serious crimes. ⁵⁴

The Roadmap states that the civilian population should return to Abyei on completion of the security arrangements – that is the deployment of the JIU and joint police force – which the Roadmap stated were expected to be finalized by the end of June. The arrangements are unlikely to actually be complete before the end of July, and in the meantime displaced people repeatedly told Human Rights Watch that they were unwilling to return. Others also pointed out that so much of the town has been destroyed that they will not be able to return until at least some reconstruction is complete. The NCP and SPLM should ensure that any return of displaced people is voluntary and based on full information of the situation in Abyei, particularly with regard to security.

Finally the Roadmap makes no provisions for local peace and reconciliation efforts, which many displaced people from Abyei told Human Rights Watch will be essential for future co-existence.⁵⁵ Any such efforts must also address the issues of accountability for breaches of international humanitarian law and human rights violations.