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Report of the Secretary-General on the United Nations Mission in Sudan (S/2009/357)

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I. Introduction

1. The present report is submitted pursuant to paragraph 11 of Security Council resolution 1590 (2005), in which the Council requested that it be kept regularly informed of progress in the implementation of the Comprehensive Peace Agreement in the Sudan, and paragraph 26 of Council resolution 1870 (2009), in which the Council requested me to develop benchmarks (see annex I to the present report) for measuring and tracking progress in the implementation of the mandate of the United Nations Mission in Sudan (UNMIS), and to include in my report an assessment of progress made against those benchmarks, as well as any consequent recommendations regarding the configuration of the Mission. The report provides an assessment of the overall situation in the country since my previous report, of 17 April 2009 (S/2009/211), and provides an update on the activities of UNMIS up to 30 June 2009. Sections IV and VI of the report assess the progress made vis-à-vis the aforementioned benchmarks.

II. Security situation

2. The reporting period witnessed a deterioration in the security situation in Southern Sudan. On several occasions, long-simmering local conflicts have escalated into alarming waves of violence, at times triggering vicious cycles of attack. Most of the tribal violence occurred in Warrab, Lakes and Upper Nile States. Heavy fighting between the Murle and the Lou Nuer in Akobo County, Jonglei State, on 18 and 19 April, reflected a particularly disturbing development in which villages and their civilian inhabitants, rather than cattle camps, became targets of attack, resulting in an estimated 195 civilians killed and 70 wounded, including women and children.

3. Long-standing tensions between the Jikany Nuer of Nasser County, Upper Nile State, and the Lou Nuer of Akobo County, Jonglei State, escalated on 12 June when elements reportedly belonging to the Jikany Nuer attacked a convoy of 21 World Food Programme (WFP) barges and approximately 10 other boats, escorted by Sudan People's Liberation Army (SPLA) troops, on the Sobat River near Nyariem village, Upper Nile State. It is estimated that the clash resulted in the deaths of 30 civilians and 89 SPLA soldiers, while 20 soldiers were injured. At least 16 boats were looted and 5 destroyed. The convoy was moving from Nasser to Akobo to distribute food aid to up to 19,000 internally displaced persons, who had been dislocated as a result of the recent tribal clashes. While the local authorities have brought the situation under control, the situation remains tense.

4. In the north, inter-tribal violence between the Misseriya and Rizeigat clans broke out between 19 and 23 May along the Southern Kordofan-Southern Darfur border. These clashes involved unusually large and heavily armed combatant forces. Large numbers of Central Reserve Police deployed by the Governor of Southern Kordofan State to prevent further fighting were reportedly also killed.

III. Political developments

5. Preparations for the elections began to dominate the political scene after the National Elections Commission announced February 2010 as the polling date in a proposed schedule for the electoral process. The National Congress Party (NCP) and the Sudan People's Liberation Movement (SPLM), as well as the majority of the other political parties, have publicly accepted this timetable. Due to delays in the process, the Commission released a revised timetable on 1 July with polling to take place in April 2010.

6. On 1 June, the Political Parties Affairs Council awarded registration certificates to 36 political parties, in addition to the 32 parties already registered. Former Foreign Minister Lam Akol Ajawin resigned from SPLM and announced the formation of a new political party to be registered as SPLM-Democratic Change.

7. Despite SPLM reservations over detention powers and other issues, the NCPSPLM High Executive Political Committee, co-chaired by Vice-President Ali Osman Taha and Government of Southern Sudan Vice-President Riek Machar, agreed to table the National Security Bill for debate in the Parliament. Following numerous changes to the draft Press and Printed Material Bill, the Parliament passed the Bill on 8 June. However, opposition parties and other observers remain concerned that the Bill gives the Presidency and Press Council excessive control over the media.

8. The finalization of the draft Referendum Act on the 2011 referendums remains behind schedule. With voter registration for the referendum scheduled to take place in July 2010, according to the Comprehensive Peace Agreement timeline, enactment of the Act and the concurrent establishment of the Referendum Commission are urgently required. Continued delays in this regard could have serious implications for implementation of the Peace Agreement.

9. On 23 April NCP and SPLM concluded their final submissions in the Abyei boundaries dispute to the Permanent Court of Arbitration in The Hague. The Court is expected to deliver its decision by 22 July. Representatives of both parties have assured UNMIS that they are committed to fully implementing the Court decision in a peaceful manner.

10. During the reporting period, President Omar al-Bashir and Government of Southern Sudan President Salva Kiir both decreed a reshuffle of their respective senior government officials and governors. Among the significant changes, former State Minister for Humanitarian Affairs Ahmed Haroun (NCP) was appointed as Governor of Southern Kordofan State and Abdel Aziz al-Hilu (SPLM) as its Deputy Governor. Former SPLA Chief of Staff, Oyai Deng Ajak, was appointed Minister for Regional Cooperation in the Government of Southern Sudan.

IV. Implementation of the Comprehensive Peace Agreement

Abyei

11. The security situation in Abyei remains volatile and requires constant attention in light of the upcoming Permanent Court of Arbitration decision expected by 22 July. The Misseriya seasonal migration sparked a significant number of security incidents over the course of the reporting period. Reportedly, cattle raiding took place and a number of armed Misseriya nomads crossed into disputed areas inhabited by the Dinka Ngok. Villagers in Noong, 15 kilometres east of Abyei, reported that some families had left for Abyei as a precautionary measure until the Misseryia leave the area. With a view towards strengthening protection capacity, UNMIS conducted two protection training workshops during the reporting period for members of the local Joint Integrated Unit and Joint Integrated Police Unit. The Mission has also supported the convening of direct meetings between Dinka and Misseriya leaders and government officials in Abyei and Muglad, which focused on security after the Court decision and on longer-term issues.

12. The absence of senior officials from Abyei continued to affect the functioning of the Abyei Interim Administration. The Abyei Area Administrator and the Deputy Administrator remained out of the area for much of the reporting period for negotiations and discussion on securing a budget for Abyei. Other senior members of the Administration, such as the parliament, the executive and council members were also absent, slowing progress at every level, including organization of the fivestate inter-tribal and Government conference to address transboundary issues, including migration, and the sharing of water and grazing land.

13. The Ministry of Finance and National Economy reported that it had so far released 5 million Sudanese pounds to the Abyei Administration to facilitate payment of salaries and operational expenses and had processed the disbursement of an additional 1 million Sudanese pounds in June towards operational costs. The absence of an agreed yearly budget and the uncertainty associated with the disbursement of funds, however, continued to be a challenge for the Administration with regard to the provision of the most basic of services to the community and the retention of its employees.

14. Violations of the Abyei Road Map Agreement addressed by the Ceasefire Joint Military Commission included a complaint by SPLA concerning the presence of mobile and armed Oil Field Protection Police in the Road Map Area, as well as the alleged presence of organized militia said to be heavily armed and moving within Misseriya cattle camps in the southern reaches of the Road Map Area. Freedom of movement for UNMIS was generally granted within the Road Map Area, with the exception of the Akur area, south-west of Agok, where SPLA denied access claiming that Akur was part of Bahr el Ghazal State. The issue was taken up in the Ceasefire Joint Monitoring Commission and has been referred to the Ceasefire Political Commission for clarification on the location of Akur. Meanwhile, joint monitoring teams from sector VI and sector II will verify the troops in Akur. It is critical to note, however, that UNMIS movements north of the Road Map Area remain restricted, thus denying the Mission any situational awareness with regard to deployment of forces by both sides just outside the Road Map Area. This affects the ability of UNMIS to take timely action to prevent any escalation.

15. Progress has been made in the deployment of the Joint Integrated Police Units, albeit at a slow pace. The Unit in Abyei now comprises 155 personnel from the north and 179 from the south. Six police posts have been constructed at strategic points along the Misseriya migratory routes and the installation of antenna base towers for the Abyei police headquarters and the police stations in Abatok and Agok was completed. Further deployment and relocation of personnel of the Unit outside of Abyei town, however, has been hampered by a continued lack of vehicles, accommodation, training areas, detention infrastructure and communication equipment. While personnel of the Unit have been trained to perform the duties of formed police units, they lack essential equipment to undertake requisite operations.

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