Statement by the Press Secretary/Director-General for Press and Public Relations, Ministry of Foreign Affairs, on the Final Award rendered by the Permanent Court of Arbitration (PCA) concerning the Determination of the Boundaries of Abyei Area, the Republic of the Sudan

July 24, 2009
Japanese

Japan welcomes the Final Award on the boundaries of the Abyei area, the Republic of the Sudan, by the Permanent Court of Arbitration (PCA) (The Hague, the Netherlands) on July 22 as it contributes to a peaceful resolution of the dispute and the implementation of the Comprehensive Peace Agreement (CPA).
Japan requests that, in accordance with the Road Map for Return of IDPs and Implementation of Abyei Protocol, the concerned Parties of North and South Sudan promptly accept this Award as final and binding, and sincerely and promptly implement the Road Map and provisions of the CPA. Japan also requests that all concerned armed groups refrain from resorting to use of force. In addition, Japan expects the Government of National Unity will promptly take financial measures for the Interim Administration in Abyei. Furthermore, Japan requests both Parties to ensure the freedom of movement for the United Nations Mission in Sudan (UNMIS) so that it could fulfill its mandate of maintaining security after the announcement of this Award.
Japan has proactively supported the implementation of the CPA through various assistances: It has provided approximately 3.5 million USD in humanitarian aid to the IDPs resulting from the military crashes in Abyei in May 2008; Japan has also provided a total of 23 million USD for supporting Disarmament, Demobilization and Reintegration (DDR) process in Sudan. Japan intends to continue to proactively support the implementation of the CPA, while taking into consideration the important agenda of the CPA, such as the 2010 general elections and the 2011 referendum in the South.

(Reference 1) The Comprehensive Peace Agreement (CPA) and the Boundary Issue in Abyei

The CPA is a peace agreement signed in 2005 that ended the civil war between the North and the South Sudan that had continued for over 20 years and resulted in generating over 4 million IDPs. The CPA includes 1) the establishment of an autonomous government in South Sudan; 2) implementation of referenda regarding affiliation of South Sudan (scheduled to be held in 2011) ; 3) freedom of religion in South Sudan (not applying Sharia law); and 4) equal distribution of revenue from oil produced in South Sudan between the North and the South.
Abyei, located in the central Sudan, is one of the fierce battle fields of the civil war.
Because there is abundant resource of oil, both North and South Sudan have made territorial claims to it.
The Abyei Protocol, making up one part of the CPA, provides for important matters towards solving the issues related to the region, such as the establishment of an administrative organization and self-resolution of the affiliation issue through referenda. Because views are divided between the North and the South regarding the the boundaries of the area, the dispute regarding the area’s demarcation was submitted to the Permanent Court of Arbitration (PCA) (located in The Hague).
This Final Award by the PCA is made basically in accordance with the North’s claims. Nevertheless, The South Sudan has announced that it is possible for them to accept the results.

(Reference 2) Overview of the Permanent Court of Arbitration (PCA)

The Permanent Court of Arbitration (PCA) is an international court that was established in 1901 by the Convention for the Pacific Settlement of International Disputes adopted at the First Hague Peace Conference in 1899. The Court’s goal is to resolve disputes between 2 or more parties to a dispute through an arbitration by arbitrators, usually, nominated by the parties concerned. The PCA may handle disputes between a State and an entity other than States (a regional entity, private individual, corporate body, etc.) as well as disputes between States.
The dispute on Abyei Area was referred to the PCA by the arbitration agreement between the Government of the Sudan and the Sudan Peoples' Liberation Movement (SPLM) on July 7, 2008. The Arbitration Tribunal that was composed of 5 arbitrators rendered the Final Award on this dispute on July 22.

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