SUDAN WATCH: May 2012

Wednesday, May 02, 2012

FULL TEXT: UN Security Council Report May 2012 Sudan and South Sudan

FOR future reference, here below is a copy of an important and detailed report from the UN Security Council. The report, entitled "UN Security Council Report May 2012 Sudan and South Sudan", was published online Monday, 30 April 2012. Note that the US is the lead country on UNISFA and Sudan-South Sudan issues.  During the month of April 2012 the US presided over the Security Council;  in the chair was US Permanent Representative to the United Nations Susan E. Rice, US Mission to the United Nations. Click here to read remarks by Ambassador Susan E. Rice at the Security Council Stakeout in New York on 26 April 2012.

Also, note that the UN Security Council Presidency for the remainder of 2012 is as follows: MAY: Azerbaijan. JUNE: China. JULY: Colombia. AUGUST: France. SEPTEMBER: Germany. OCTOBER: Guatemala. NOVEMBER: India. DECEMBER: Morocco. View list at http://www.un.org/sc/presidency.asp

UN SECURITY COUNCIL REPORT MAY 2012 SUDAN AND SOUTH SUDAN
Expected Council Action
In May, the Council will likely renew the mandate of the UN Interim Security Force in Abyei (UNISFA), which expires on 27 May.

Additional Council meetings on Sudan-South Sudan issues may occur, given the sharp deterioration of relations between the two countries in April. At press time, it appeared that the Council might begin negotiating a resolution on this matter.

Key Recent Developments
After skirmishes along the Sudan-South Sudan border in late March, Sudan cancelled a summit meeting between President Omar al-Bashir of Sudan and President Salva Kiir of South Sudan that had been scheduled for 3 April in Juba. In the ensuing days and weeks, the violence in the border regions escalated significantly, although neither side made a formal declaration of war.

On 10 April, South Sudan seized the disputed border area of Heglig, which is approximately 100 kilometres east of the disputed Abyei region. It said it had done so while repulsing attacks by the Sudanese Armed Forces (SAF). Sudan labelled the seizure of Heglig an act of aggression and vowed to retake the area. Rebels from the Justice and Equality Movement, the Darfur-based rebel group, were reported to be fighting alongside the South Sudan forces occupying Heglig. In a letter to the Council on 14 April, South Sudan indicated that it would leave Heglig if an international monitoring mechanism were put in place, urging the Council to consider deploying a “neutral” force there until its final status can be settled. (While disputed, Heglig has been administered by Sudan since South Sudan achieved independence in July 2011. The area accounts for roughly half of Sudan’s oil production of 115,000 barrels per day.)

On 11 April, Edmond Mulet, Assistant Secretary-General for Peacekeeping Operations, briefed Council members in consultations on the most recent report of the Secretary-General on Abyei and the tensions between Sudan and South Sudan (S/2012/175).  During the consultations, it was noted that the situation in Abyei had reached a stalemate. As indicated in the Secretary-General’s recent report, security forces from both sides remain in the region, the parties have not agreed on the Abyei Area Administration and the final status of Abyei has not been determined. (The goal of the Abyei Area Administration would be to provide basic services to the population, propose development projects, and promote security and stability in the region.) It appears that the discussion also focused on the fighting that had occurred along the Sudan-South Sudan border in the prior days, especially regarding the seizure of Heglig.

On 12 April, Sudan dropped six bombs near Bentiu, the capital of South Sudan’s Unity state, claiming the life of a South Sudanese soldier. Five bombs were also dropped on the town of Mayom, also in Unity, on April 16, killing eight civilians and hitting a logistics base belonging to the UN Mission in South Sudan (UNMISS).

There were also reports of ground combat between the SAF and South Sudanese forces on 18-19 April in areas other than Heglig. The Sudanese Media Centre, a pro-Khartoum news agency, reported that the SAF drove South Sudanese forces across the border after fighting in Al-Meram, South Kordofan. A South Sudan government spokesperson also said that other skirmishes occurred in Northern el-Ghazal and in Western Bahr el-Ghazal, states located in the western part of South Sudan.

On 12 April, the Council adopted a presidential statement (S/PRST/2012/12) in which it, inter alia:

  • expressed deep and growing alarm at the escalation of the conflict between Sudan and South Sudan;
  • demanded “a complete, immediate, and unconditional” end to all fighting, including a withdrawal of South Sudan from Heglig and an end to aerial bombings by the SAF, cross-border violence by both countries and support by each side to proxy forces on the other side of the border;
  • urged both sides to establish a safe demilitarised border zone; and
  • reiterated its demand for both sides to withdraw their security forces from Abyei.

The Council was one of several institutional voices expressing deep concern at the actions of Sudan and South Sudan. On 11 April, the EU issued a press statement calling both the occupation of Heglig by South Sudan and the bombings of South Sudanese territory by Sudan “completely unacceptable”. Likewise, in a press statement issued on 12 April, the AU Peace and Security Council “strongly condemned” the conduct of Sudan and South Sudan, demanding the withdrawal of South Sudan from Heglig and an end to Sudan’s aerial bombardments of South Sudan. Key UN officials, including Secretary-General Ban Ki-moon and High Commissioner for Human Rights Navi Pillay, also voiced alarm at the escalation of violence between the two countries and its impact on civilians.

On 12 April, Kiir addressed South Sudan’s National Legislature on the state of relations between the two countries. He said that, in response to a request from Ban to withdraw from Heglig during a phone call the day before, he told the Secretary-General, “I am not under your command.” While indicating that South Sudan was committed to peace, Kiir said that it would defend itself.

On 17 April, Council members held an “informal interactive dialogue” focusing on the latest developments along the Sudan-South Sudan border. Thabo Mbeki, chair of the AU High-Level Implementation Panel on Sudan and South Sudan, and Haile Menkerios, the Special Envoy of the UN Secretary-General on Sudan and South Sudan, addressed Council members during the meeting. Mbeki and Menkerios alerted Council members that hardliners had the upper hand in both Juba and Khartoum and that both parties were “locked in a logic of war.” Council members also discussed potential strategies to exert leverage on the parties to induce their cooperation, including the threat of sanctions.

On 20 April, Kiir’s office issued a press release announcing that South Sudan had begun to withdraw from Heglig, in accordance with the Security Council’s presidential statement of 12 April and “in response to appeals by world leaders and to create an environment for the resumption of dialogue with Sudan.” South Sudan further said that it expected the status of Heglig and other areas along the border to be referred to international arbitration. On the same day, Sudan declared that it had retaken Heglig.

Fighting continued in the next days. On 22 April, media reports indicated that Sudan had engaged South Sudan across the border in Unity State. On 23 April, Sudan dropped two bombs in Bentiu, reportedly killing three people.  

Actions and statements of officials on both sides during the month reflected the heightened tensions between the countries. On 16 April, members of the Sudanese parliament voted unanimously to treat the government of South Sudan as an “enemy”.  On 18 April, Bashir referred to the Sudan Peoples’ Liberation Movement, the ruling party in Juba, as “insects” and said that the people of South Sudan needed to be freed from them.  While visiting Heglig on 23 April, Bashir said that the time for talking had ended and that South Sudan understood only “the language of guns and ammunition.” On 24 April, while on a state visit to China, Kiir said that Sudan had “declared war on the Republic of South Sudan”.

On 24 April, Hervé Ladsous, Under-Secretary-General for Peacekeeping Operations, Hilde Johnson, Special Representative of the Secretary-General and Head of UNMISS, and Menkerios, briefed Council members during consultations. Council members were informed that, since the departure of South Sudan from Heglig, Sudan had carried out ground incursions into South Sudan and conducted aerial bombardments there that claimed the lives of 16 civilians and wounded 34 others.

Also on 24 April, the AU Peace and Security Council issued a comprehensive communiqué that included a “roadmap” which, inter-alia, called for:

  • an end to hostilities, including aerial bombardments, within 48 hours;
  • a cessation by both countries of support for rebel groups fighting against the other country;
  • an end to “hostile propaganda and inflammatory statements in the media;”
  • establishment within one week of the Joint Border Verification and Monitoring Mission and the Secure Demilitarised Border Zone along the border separating the two countries; and
  • redeployment of security forces of both parties from Abyei.

The communiqué further urged Sudan and South Sudan to resume negotiations on oil revenue, citizenship issues, border demarcation, and the status of Abyei, within two weeks. If the parties fail to reach agreement on “any or all” of these issues within three months of resuming negotiations, the communiqué requested that the AU High-Level Implementation Panel submit a report on the status of negotiations, “including detailed proposals on all outstanding issues, to be endorsed as final and binding solutions to the post-secession relations.” It added that the AU was seeking the “endorsement of, and support by” the UN Security Council of this decision.

Key Issues
A key issue is whether and how the Council can exert sufficient leverage on the parties to deter them from expanding their conflict, induce them to cease fighting, and convince them to return in good faith to the negotiating table. Since February, the Council has produced two press statements and two presidential statements regarding the situation in Sudan and South Sudan with what appears to be minimal impact on the calculations of the parties.

Key issues related to the renewal of the mandate of UNISFA, that will likely be on Council members’ minds, include:

  • the presence of security forces from both sides in Abyei in violation of prior agreements;
  • the impact that the presence of Sudanese troops in Abyei has in deterring displaced persons from returning to the region;
  • the lack of progress by the parties in establishing the Abyei Area Administration; and
  • the lack of progress by the parties in establishing the Joint Border Verification and Monitoring Mechanism along their mutual border.

Another important issue is the ongoing humanitarian crisis unfolding in South Kordofan and Blue Nile states in Sudan. (Sudan has yet to respond to the AU, UN, and Arab League tripartite proposal of 9 February, which presented a plan to provide humanitarian aid to civilians in both government and rebel controlled territories of both states.)

Options
With respect to Abyei, the most likely option is for the Council to adopt a resolution renewing the mandate of UNISFA. The Council may request to be briefed by Tadesse Werede Tesfay, the force commander and head of mission, on recent developments in Abyei and activities of the mission. In adopting the resolution, the Council could reiterate key messages to the parties, including:

  • emphasising the need for the security forces of Sudan and South Sudan to leave Abyei;
  • urging the parties to establish the Abyei Area Administration by making the necessary compromises on appointments to the body; and
  • urging the parties to expedite the establishment of the Joint Border Verification and Monitoring Mechanism.

On the relationship between Sudan and South Sudan more broadly, the Council may also consider coercive measures to induce the parties to cease their fighting, including:

  • the threat of sanctions on the parties;
  • the imposition of a buffer zone along the border; and
  • the imposition of a no-fly zone along the border.

The Council may also consider using elements of the 24 April AU Peace and Security Council communiqué as a basis for a resolution addressing the situation in Sudan and South Sudan.

The ad-hoc Working Group on Conflict Prevention and Resolution in Africa might also be a forum in which the Council could strive to develop strategies to forestall the escalation of conflict between Sudan and South Sudan.

Council Dynamics
Some elected members believe that key permanent members have demonstrated a greater willingness to compromise in recent months than had been the case in the past on issues related to Sudan and South Sudan. The output of the Council since mid-February on Sudan and South Sudan—including two press statements and two presidential statements—appears to demonstrate progress in terms of the ability of members to be flexible and pragmatic in negotiations. This progress seems to be a departure from the sense of stalemate in the Council that some members perceived throughout much of 2011.

While differences remain on some issues, Council members are unified in their concern about the deteriorating state of relations between Sudan and South Sudan. Among other things, most members are particularly critical of the ongoing bombardment of South Sudan by Sudan, the seizure by South Sudan of Heglig, and the fighting along the Sudan-South Sudan border more generally. At present, it also seems that the Council—as well as the AU, individual member states, and key UN officials—is working hard to consider strategies that will have maximum leverage on the parties, as relations between Sudan and South Sudan have deteriorated over the past month in spite of the Council’s significant engagement.

It seems that many Council members welcome the 24 April communiqué of the AU Peace and Security Council, and continue to support the strong role of the AU in mediating between Sudan and South Sudan.  Some members likewise believe that the communiqué might serve as a useful springboard for negotiations on a resolution addressing the tensions between the two countries.

The US is the lead country on UNISFA and Sudan-South Sudan issues.

UN Documents

Security Council Resolutions
S/RES/2032 (22 December 2011) renewed UNISFA’s mandate.
S/RES/2024 (14 December 2011) added a border-monitoring support role to UNISFA’s mandate.
S/RES/1990 (27 June 2011) established UNISFA.

Latest Secretary-General’s Report
S/2012/175 (23 March 2012) was the latest report on Abyei.

Presidential Statements
S/PRST/2012/12 (12 April 2012) demanded that South Sudan withdraw from Heglig and that Sudan end its aerial bombardments.
S/PRST/2012/5 (6 March 2012) urged the parties to reach agreement on the unresolved issues separating them.

Press Statements
SC/10594 (27 March 2012) was primarily on the violence along the Sudan- South Sudan border.
SC/10543 (14 February 2012) was on South Kordofan and Blue Nile.

Other
S/2012/225 (14 April 2012) was a letter from South Sudan to the Security Council.

Other Relevant Facts


UNISFA: Size and Composition
Maximum authorised strength: up to 4,200 military and 50 police


Deployment as of 31 March:  3,779 total uniformed personnel (including 3,716 troops and 83 military observers); also includes 32 international civilian personnel (as of 31 December 2011).

Troop contributor: Ethiopia

[End of copy]

Source of copy, with thanks to: www.securitycouncilreport.org
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FURTHER READING
SUDAN WATCH - Tuesday, 01 May 2012:
FULL TEXT: African Union Peace and Security Council Roadmap for action by Sudan and South Sudan
http://sudanwatch.blogspot.co.uk/2012/05/full-text-african-union-peace-and.html

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Tuesday, May 01, 2012

FULL TEXT: African Union Peace and Security Council Roadmap for action by Sudan and South Sudan

FOR the record, here below is a copy of an important document published 26 April 2012 by the Peace and Security Council of the African Union (AU PSC) regarding the situation between the Republic of Sudan and the Republic of South Sudan.  The document shows that the AU PSC has decided to adopt a seven point Roadmap outlined below, for implementation by both Sudan and South Sudan, in order to ease the current tension, facilitate the resumption of negotiations on post‐secession relations and the normalisation of their relations. 

AFRICAN UNION
Addis Ababa, Ethiopia, P.O. Box: 3243
Tel.: (251‐11) 5513 822

Fax: (251‐11) 5519 321 

Email: situationroom@africa‐union.org

PEACE AND SECURITY COUNCIL 319TH MINISTERIAL MEETING
ADDIS ABABA, ETHIOPIA 24 APRIL 2012
PSC/MIN/COMM/3.(CCCXIX)

COMMUNIQUÉ

The Peace and Security Council of the African Union (AU), at its 319th meeting held, at ministerial level, on 24 April 2012, adopted the following decision on the situation between the Republic of Sudan and the Republic of South Sudan:

Council,

1. Takes note of the paragraphs on the situation between Sudan and South Sudan, as contained in the report of the Chairperson of the Commission on the situation in Guinea Bissau, Mali and between Sudan and South Sudan, and the briefing given by former President Pierre Buyoya on behalf of the AU High‐Level Implementation Panel (AUHIP). Council also takes note of the statements made by the representatives of the Republic of Sudan and the Republic of South Sudan, as well as by IGAD, the United Nations and other bilateral and multilateral partners;

2. Recalls the communiqués adopted at its 310th and 317th meetings, held on 14 February and 12 April 2012, respectively, as well as the press statements issued by the Chairperson of the Commission on 11, 17 and 22 April 2012. Council also recalls the communiqué issued by the 3rd meeting of the Sudan‐South Sudan Consultative Forum, held in Addis Ababa on 29 March 2012, under the auspices of the AU and the UN;

3. Expresses grave concern at the prevailing situation along the border between Sudan and South Sudan, which poses a serious threat to peace and security in both countries and in the region as a whole, undermines the economic viability of the two countries, as well as the rights and welfare of their citizens;

4. Further expresses deep concern at the humanitarian situation created by the fighting between Sudan and South Sudan, the aerial bombardments, the continued fighting in the states of Southern Kordofan and Blue Nile, in Sudan, as well as the fate of the nationals of both countries resident in each other’s territory, following the end of the transition period that occurred on 8 April 2012;

5. Welcomes the withdrawal from Heglig of the army of South Sudan and calls for the immediate cessation of aerial bombardments by the Sudan Armed Forces against South Sudan.

6. Strongly condemns the violations of human rights of non‐combatants in the affected area, the damage to economic infrastructure, in particular oil installations, and the inflammatory statements from both sides in the media resulting in mutual demonization and the threat of hostile action by extremist elements, including xenophobic attacks;

7. Reaffirms its strong commitment to the respect for the unity and territorial integrity of Sudan and South Sudan and the inviolability of the border between the two countries, defined as that existing at the time of Sudan’s independence on 1 January 1956, taking into account the disputed areas as agreed in the deliberations of the Technical ad hoc Boundary Committee. Council reiterates that the territorial boundaries of states shall not be altered by force, and that any territorial disputes shall be settled exclusively by peaceful means;

8. Recalls the provisions of the Constitutive Act of the African Union, as well as the Charter of the United Nations, which prohibit the use of force or the threat of force among Member States and call for non‐interference in the internal affairs of Member States and for peaceful settlement of all disputes;

9. Welcomes the continuing efforts of Africa and the rest of the international community to support the Parties in addressing the legacy of conflict and bitterness in Sudan, notably through the conclusion of the January 2005 Comprehensive Peace Agreement (CPA), its implementation, in particular the holding of the referendum on self‐determination of South Sudan, and the negotiations on post‐secession relations. Council commends the efforts of the AUHIP, headed by former President Thabo Mbeki and including former Presidents Abdulsalami Abubakar and Pierre Buyoya, the Chairperson of IGAD, Prime Minister Meles Zenawi, the United Nations Special Envoy for Sudan and South Sudan, Haile Menkerios, and the United Nations Interim Security Force for Abyei (UNISFA) under the leadership of Lieutenant General Tesfay Tadesse, as well as the support provided by AU’s partners, including the Troika on Sudan (Norway, United Kingdom and the USA), the members of the Security Council, the European Union (EU) and the League of Arab States;

10. Expresses Africa’s dismay and deep disappointment at the failure of the leadership in both countries, to build on the goodwill of Africa and the rest of the international community, as well as on the achievements they have already made, to address their post‐secession relations, live up to their stated commitment to the principle of two viable states, in peace with one another, and create the necessary conditions of peace, security and stability to meet the most basic needs of their peoples;

11. Expresses deep concern at the failure of the Parties to implement agreements that they themselves have freely entered into, in particular the Agreement on the Temporary Arrangements for the Administration and Security of the Abyei Area of 20 June 2011, the Agreement on Border Security and the Joint Political and Security Mechanism (JPSM) of 29 June 2011, the Agreement on the Border Monitoring Support Mission of 30 July 2011, the decisions of the JPSM of 18 September 2011, the Memorandum of Understanding (MoU) on Non‐Aggression and Cooperation of 10 February 2012;

12. Decides, in light of the above, to adopt the Roadmap outlined below, for implementation by both Sudan and South Sudan, in order to ease the current tension, facilitate the resumption of negotiations on post‐secession relations and the normalization of their relations:

(i) immediate cessation of all hostilities, including aerial bombardments, with the Parties formally conveying their commitment in this respect to the Chairperson of the Commission, within 48 hours;

(ii) unconditional withdrawal of all of their armed forces to their side of the border, in accordance with previously adopted Agreements, including the Agreement on the Border Monitoring Support Mission of 30 July 2011;

(iii) activation, within a week from the adoption of this decision, of the necessary border security mechanisms, namely the Joint Border Verification and Monitoring Mission (JBVMM), the Secure Demilitarized Border Zone (SDBZ), in accordance with the administrative and security map presented to the Parties by the AUHIP in November 2011, it being understood that this map in no way prejudices ongoing negotiations on the disputed areas and demarcation of the border. In this respect, Council calls on UNISFA to take the necessary steps to provide force protection and logistical support, in accordance with relevant provisions of UN Security Council resolution 2024 (2012);

(iv) cessation of harbouring of, or support to, rebel groups against the other state;

(v) activation of the ad hoc Committee, under the JPSM, to receive and investigate complaints and allegations made by one party against the other. In this regard, Council requests the AUHIP to convene a meeting of the JPSM, within ten (10) days of the adoption of the present decision;

(vi) immediate cessation of hostile propaganda and inflammatory statements in the media, as well as of any attacks against the property, religious and cultural symbols belonging to the nationals of the other State. To this end, the two governments must take full responsibility for the protection of each other’s nationals in line with international principles, as agreed in the Framework Agreement initialed in March 2012. In this regard, Council requests the Commission, in close collaboration with the United Nations and relevant agencies, to design a monitoring mechanism to verify compliance by both Parties; and

(vii) implementation of pending aspects of the 20 June 2011 Agreement on Temporary Security and Administrative Arrangements for the Abyei Area, in particular the redeployment, within two weeks, of all Sudanese and South Sudanese forces out of Abyei. Council requests UNISFA to report on compliance with this decision, for further action by Council as necessary;

13. Urges the Parties unconditionally to resume negotiations, under the auspices of the AUHIP and with the support of the Chairman of IGAD, within two weeks, at a time to be set by the Panel in consultation with relevant international partners, to reach agreement on the following critical issues:

(i) arrangements concerning oil and associated payments;

(ii) the status of nationals of one country resident in the other, in accordance with the Framework Agreement initialed in March 2012;

(iii) resolution of the status of the disputed and claimed border areas and the demarcation of the border; and

(iv) the final status of Abyei.

14. Decides that these negotiations must be concluded within three months of the adoption of this decision. Should these negotiations fail to result in an agreement on any or all of the issues identified above within the allotted timeframe of three months, Council requests the AUHIP to submit to it a comprehensive report on the status of the negotiations, including detailed proposals on all outstanding issues, to be endorsed as final and binding solutions to the post‐secession relations. Council undertakes to seek the endorsement of, and support by, the United Nations Security Council of the same;

15. Further decides that failure by either Party to implement the provisions of the Roadmap outlined in paragraph 12 above, or to cooperate in good faith with the Panel towards the conclusion of the negotiations on the outstanding issues as enumerated in paragraph 13 above, will result in Council taking appropriate measures, as provided for in the Peace and Security Council Protocol and the Constitutive Act of the AU, and to seek the support of the UN Security Council and all AU partners to measures it may take;

16. Reiterates AU’s conviction that there can be no military solution to the conflict in Southern Kordofan and Blue Nile, and stresses therefore the urgent need for a political and negotiated solution, based on respect for diversity in unity. Council requests the Government of Sudan and the SPLM‐North to extend full cooperation to the AUHIP and the Chair of IGAD, to reach a negotiated settlement on the basis of the Framework Agreement on Political Partnership between NCP and SPLM‐N and Political and Security Arrangements in Blue Nile and Southern Kordofan States. Pending the convening of talks by the AUHIP, Council calls on the Government to accept the tripartite proposal submitted by the African Union, the United Nations and the League of Arab States, to permit humanitarian access to the affected population in the two areas;

17. Requests all AU Member States to support and abide by this decision, bearing in mind the provisions of article 7 (2 & 3) of the Protocol Relating to the Establishment of the Peace and Security Council, under which Member States agreed that, in carrying out its duties, Council acts on their behalf, and undertook to accept and implement the decisions of Council, in accordance with the AU Constitutive Act;

18. Requests the Chairperson of the Commission to transmit this decision to the United Nations Security Council, as well as to all other AU partners. Council seeks the support of the Security Council and its endorsement, under Chapter VII of the UN Charter, of the Roadmap of paragraphs 12 and 13 above. Council also requests the Chairperson of the Commission, in consultation with the Secretary‐General of the United Nations, to urgently convene a meeting of the Sudan and South Sudan Consultative Forum, to mobilize its full support for the present decision and agree on practical ways and means for the implementation of its relevant provisions;

19. Further requests the Chairperson of the Commission to followup on the implementation of this decision and to take all steps deemed necessary to this end, including interaction at the highest level with the Sudanese parties, involving as appropriate relevant AU organs, including a visit to both countries by a delegation of Council;

20. Looks forward to the submission by the Chairperson of the Commission of monthly factual reports on the evolution over the situation on the ground and compliance by Sudan and South Sudan with the relevant provisions of this decision, status of the negotiations on all pending issues and efforts to mobilize increased support from the international community, in order to enable it take appropriate decisions as maybe called for by the evolution of the situation;

21. Decides to remain actively seized of the matter.

[End of copy]

Source of copy, with thanks to:  Relief Web


UPDATE ON WEDNESDAY, 02 MAY 2012:
Read SUDAN WATCH - Wednesday, 02 May 2012:
FULL TEXT: UN SECURITY COUNCIL REPORT MAY 2012 SUDAN AND SOUTH SUDAN
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