After careful consideration of each proposition put forward by the Misseriya, Ngok Dinka, GOS and the SPLM/A, and thorough examination of available evidence, the ABC experts have made the following determinations:
In 1905, there was no clearly demarcated boundary of the area transferred from Bahr el Ghazal to Kordofan.
The GOS believed that the area of the nine Ngok Dinka Chiefdoms placed under Kordofan in 1905 lay entirely south of the Bahr el Arab is mistaken. It is based largely on a report by a British official who incorrectly concluded that he had reached Bahr el Arab when he had only come to the Ragaba ez-Zarga/Ngol. For several years afterwards maps, some of which were cited by the GOS in its presentation to the experts, manifested this error.
The Ngok claim that their boundary should run from Lake Keilak to Muglad has no foundation.
Historical records and environmental factors refute the Misseriya contention that their territory extended well south of Bahr el-Arab, an area to which they never made a former claim during the condominium period.
Although the Misseriya have clear “secondary” (seasonal) grazing rights to specific location north and south of Abyei town, their allegation that they have “dominant” (permanent) right to these places is not supported by documentary or material evidence.
There is compelling evidence to support the Ngok claims to having dominant rights to areas along the Bahr el Arab and Ragaba ez-Zarga and that these are longstanding claims that predated 1905.
There is no substance to the Misseriya claim that because the Abyei Area was included in “Dahr Misseriya” District, it belongs to the Misseriya people. The Ngok and the Humr were put under the authority under the same Governor solely for the reasons of administrative expediency in 1905. After that action, the Ngok retained their identity and control over their local affairs and maintained a separate court system and hierarchy of chiefs.
The administrative records of the condominium period and testimony of persons familiar with the area attest the continuity of Ngok Dinka statesments in, and use of, places north of the Bahr el Arab between 1905 and 1965, as claimed by the Ngok and the SPLM/A.
The experts considered the presentation by the SPLM/A that there dominant claim lies at latitude 10º 35΄ N, but found the evidence in support of this to be inconclusive.
The border zone between the Ngok and Misseriya falls in the middle of the Goz, roughly between latitude 10º 10΄ N and 10º 35΄ N.
FINAL AND BINDING DECISION
Having duly considered, assessed, and weighed the evidence before them, the experts have come to the following decision:
The Ngok have a legitimate dominant claim to the territory from the Kordofan-Bahr el Ghazal boundary north to latitude 10º 10΄ N, stretching from the boundary with Darfur to the boundary with Upper Nile, as they were in 1956;
North of latitude 10º 10΄ N, through the Goz up to and including Tebeldia (north of latitude 10º 35΄ N) the Ngok and Misseriya share isolated occupation and use rights, dating from at least the condominium period. This gave rise to the share secondary rights for both the Ngok and Misseriya;
The two parties lay equal claim to the shared areas and accordingly it is reasonable and equitable to divide the Goz between them and locate the northern boundary at a straight line at approximately latitude 10º 22΄30΄΄ N. The western boundary shall be the Kordofan/Darfur boundary as it was defined on 1 January 1956. The southern boundary shall be the Kordofan-Bahr el-Ghazal-Upper Nile boundary as it was defined on 1st January 1956. The eastern boundary shall extend the line of the Kordofan-Upper Nile boundary at approximately longitude 29˚32΄15΄΄ E, northwards until it meets latitude 10˚22΄30΄΄ N;
The northern and eastern boundaries will be identified and demarcated by a survey team comprising three professional surveyors: one nominated by the national government of the Sudan, one nominated by the Government of the Southern Sudan and one international surveyor nominated by IGAD. The survey team will be assisted by one representative each from the Ngok and Misseriya and two representatives of the Presidency. The Presidency shall send the nominations for this team to IGAD for final approval by the international experts;
The Ngok and Misseriya shall retain their established secondary rights to the use of land north and south of this boundary.
LIST OF INTERNATIONAL EXPERTS
Ambassador Donald Peterson
Professor Godfrey Muruiki
Professor Birhan Gassahun
Professor Douglas Johnson
Professor Shadrack Gutto