The border region of Abyei has been contested since South Sudan gained independence in 2011. (Courtesy).

The Minister of Justice has disclosed that the 2013 Abyei referendum results will be discussed at the upcoming cabinet meeting, following his consultation with President Salva Kiir and first deputy Dr. Riek Machar.

Hon. Ruben Madol Arol did not reveal when the cabinet meeting will take place, but the outcome will publicize Juba’s official position on the referendum results in which the region’s dominant Ngok Dinka residents chose to join South Sudan.

On 24th January, Justice Minister Arol attended a consultative meeting with President Kiir and First Vice President Machar to address the critical constitutional matter concerning the country’s stand on Abyei.

Mr. Arol underlined that the discussion with the Principals aligns with the recent governors forum resolution, which mandated that the Abyei legislature and executive committee to present the issue to the national government for consideration.

The justice minister emphasized that the resolution of Abyei’s status is pivotal and that the Council of Ministers’ deliberations will significantly influence the government’s direction on the matter.

“I had to consult on this item of the agenda for the cabinet meeting, which is a constitutional matter that relates to the position of the government of South Sudan in regards to the final status of Abyei Administrative area,” Madol told SSBC on Friday after meeting the two leaders.

“It has been agreed by the President that this issue be discussed at the level of the Council of Ministries, and all will depend on the outcome of the positions at that level and the resolutions that the Council of Ministers will take.”

– Abyei status –

The Abyei region – rich in natural resources including oil  – remains a point of contention between South Sudan and Sudan since the 2005 Comprehensive Peace Agreement, which granted South Sudan independence.

It is the traditional homeland of the Ngok Dinka, but nomadic Misseriya herders from the north seasonally cross to the region with their cattle in search of water and pasture in the dry season and to trade goods.

In 1972, at the end of Sudan’s first civil war, the Addis Ababa Agreement promised residents of Abyei the right to hold a referendum to determine whether they would remain a part of northern Sudan or join the newly formed southern region.

However, in 1983, Sudan descended into another civil war after President Jaafar Nimeiri refused to implement the agreement and allow Abyei to hold its referendum.

The war ended after signing the Comprehensive Peace Agreement (CPA) in 2005, which included the Abyei Protocol stipulating that the region would remain under special administrative status.

The region was said to hold a status referendum to allow its residents to determine whether Abyei would become part of Sudan or South Sudan.

Following several delays, the Ngok Dinka held the referendum in October 2013 in which they overwhelmingly voted for Abyei to be part of South Sudan, but the result was not recognized by either Sudan or South Sudan.

The referendum was deemed non-binding because there was an impasse on who constitutes a “resident of Abyei” as Sudan insisted that the Messiria tribe who have historically stayed in the region every year for six months be allowed to vote.

In November 2024, the administrative government of the region called on the South Sudan government to endorse the outcome of the October 2013 referendum.

But the 8th Governors Forum declined to publicly read out recommendations on the disputed region’s final status, including the call to recognize the referendum results.

On December 23, 2024, the Executive Council of the Abyei Administrative Area then went ahead and unanimously endorsed the results of the referendum officially presented by the high commission of the Abyei Community.

On January 3, First Vice President Machar received the official report of the 2013 referendum on the disputed region’s final status and endorsed it afterwards. The Governance Cluster chaired by Machar then recommended engagement with regional and international organizations to recognize the aspiration of the people of Abyei to be part of South Sudan.

Besides adoption of the Abyei referendum results, the body endorsed operationalization of the Commission for Truth, Reconciliation, and Healing Act, 2024, and the Compensation and Reparation Authority Act, 2024.

The acts are designed to address the legacy of past conflicts and promote peace, national reconciliation, and identify aggrieved persons eligible for reparations and after establishing the necessary funding mechanisms.

The 2018 peace agreement mandates the African Union Commission and the government to set up Hybrid Court to investigate and prosecute individuals suspected of committing crimes since the conflict began in December 2013.

However, since the formation of the unity government, little has been mentioned in regards to Chapter 5 of the peace pact that stipulates the establishment of the tribunal. At present, there is no other justice avenue available for South Sudanese victims of the conflict, apart from the pending Hybrid Court.

The Governance Cluster will submit both memos to the Council of Ministers for their consideration.