Topic: Negotiation Analysis on the 2012 agreement of the Creation of South Sudan: The paper must cover two elements:
A. The context of the negotiations (i.e. the issue the parties were trying to address, who were the principal players, the nature of the challenges, the final results);
B. Potential BATNAs available to at least one of the parties. (Best Alternative to Negotiated Agreement). The concept of BATNA is newer than many of these negotiations and is rarely addressed directly. Nevertheless, students are to provide at least one reasonable BATNA for one of the parties.
Students are required to produce a paper of 2500-3500 words (exclusive of footnotes and bibliography). Note that the upper word count is the maximum permitted. I put a premium on economy of language
Negotiation Analysis on the 2012 agreement of the Creation of South Sudan
The nation of South Sudan gained independence in the year 2012 after a long struggle between the two major tribes in Sudan. The country which was Sudan then hosted a referendum on South Sudan’s independence (Jamie, 2017). The referendum took place in Southern Sudan from 9 to 15 January 2011. The sole purpose of the referendum was on whether the region should remain a part of Sudan or become independent. The referendum one of the consequences of the 2005 Naivasha Agreement between the Khartoum central government and the Sudan People’s Liberation Movement. The current South Sudanese voted for the referendum in overwhelming numbers. This brought an end to the civil war that started in the mid-1950s which left so many dead. Both nations signed an agreement, Sudan, and South Sudan which saw the birth of the youngest country in the world, South Sudan (Thomas, 2015)
The agreement was as a result of a decision made by the United Nations Security Council (UNSC) and the African Union High Implementations Panel (AUHIP) after a fruitful meeting. The United Security Council had threatened to impose sanctions on both Sudan and South Sudan if they failed to reach an agreement after a three months negotiations. Sudan President, Omar al-Bashir and the president of South Sudan Salva Kiir Mayardit were the two main players involved in the cooperation agreement of September 27, the year 2012 (Jamie, 2017). The agreement was a significant step in aiding the international and local efforts to end the war tensions in both countries. The signed agreement brought to a conclusion of over a month of negotiations between the two countries and a presidential meeting which despite meant to last for a day went on for four days.
The Agreement on Security
The agreement addressed a large number of issues that had been a significant blow to peace and stable relations between Sudan and South Sudan. The Agreement was to solve these issues to ensure peace reigned between these countries. The critical issue addressed in the agreement was insecurity. The agreement sought to bring an end to the civil war between the two nations. Insecurity was the key source of all the problems the two countries were experiencing. The agreement was mainly to bring peace between the countries and end the spell of bloodshed. The Agreement would make a provision for special arrangements for the “14 Mile Area”, which involve the complete demilitarization of the Area overseen by the Joint Political and Security Mechanism (JPSM) and supported by the mechanism under the JSPM. The parties were to maintain the status quo of the joint tribal mechanisms for the resolutions of disputes. The agreement brought the two countries to a commitment to respecting each other, keep a distance from the other nation’s internal affairs and avoid the use of force in any case (Jamie, 2017). The nations were also to withdraw any troops to the border to give room for peace. The two countries agreed to immediately open the ten agreed border-crossing corridors linking the two states. If these were strictly followed, then peace would reign between the nations. However, there was the challenge of the long-existing ethical issues between the countries. These clashes between the two countries rendered the efforts for peace fruitless over the years (Jamie, 2017). To achieve peace the countries were to go out of their way to ensure individual efforts and implementations which would lead to peace between them.
The Agreement concerning Oil and related Economic Matters
Another major issue addressed by the 2012 agreement was the issue of management of oil resources and exportation (Jamie, 2017). Oil is a crucial resource for both Sudan and South Sudan. In the agreement, the two nations undertook to adequately ensure the resumption of production of oil by South Sudan. The Agreement would also provide arrangements for the transportation and processing of the oil in Sudan’s territory. This arrangement would ensure that oil from South Sudan would reach international markets as an effort to contribute to the economy of both nations. Oil would be produced in South Sudan, and Sudan would provide assets for transport and processing. The agreement also stated that South Sudan would make a financial contribution to the Republic of Sudan to cushion from financial loss resulting from loss of oil revenues (Spears, & Wight (2015). Accordingly, the Agreement provides for Transitional Financial Arrangements (TFA) whereby the Republic of South Sudan will make substantial financial contributions to Sudan. The financial assistance was to be made over a period of 42 months. The “Joint International Approach” was also cited in the Agreement on certain Economic matters. In this Agreement, the two nations will participate in seeking to secure debt relief and financial support for Sudan’s debt. The two nations, however, faced the challenge over the control of Abyei, the wealthiest oilfield in both countries. The final decision over this 10,460 square kilometers of oilfield was reached in the International court. Neither country was given power over Abyei. The presidential commission formed in the year 2005 was given governance over the oilfield.