The Sudanese authorities continued their escalatory campaign in the Halaib occupied area in parallel with an information campaign that tries to distort Sudan’s image and blur the facts about the region’s dependence on Sudan. The Sudanese Center for Press Services met with Dr. Maaz Ahmed Mohamed Tengo, expert in international law and specialist in border disputes between countries. The legal case of Halaib .. d. Tengo is the most knowledgeable of the details of the file and the author of the book “the border dispute between Sudan and Egypt .. Halaib conflict and the emergence of the Valley of Halfa in the light of international law.” Vale dialogue officers.
Has been the subject of intense pressure recently and attempts to question the dependency of the Halaib triangle of Sudan .. Tell us about the legal position of the Sudan issue?
In fact, we do not say the position of the Sudan on the Halaib issue legally, but from the northern border Sudan with Egypt, the borders are the lines and signs that limit the body of the state and its breadth and territory, and what is meant by the piece of land and the sky and the coasts and water within the state .. And international law does not complete the personality of the state except with the existence of borders except two cases where the recognition of countries that did not have borders, the borders through which countries join the international organizations.
Egypt was the first country to become independent in 1822 and presented its territory and maps to the United Nations. When countries submit their borders, it is difficult for them to come and contradict themselves and claim that there are other borders, unless there is an agreement on relations under which some borders are agreed upon or modified by the parties concerned. All of the manuals are legal guides.
What is Egypt based on its claims about Halaib?
Egypt has made evidence, but before the international courts, the state is not allowed to make irrefutable evidence so it is afraid to go to the International Court of Arbitration. All the evidence adopted by the court is before the outbreak of the conflict that appeared on February 26, 1958 and this is called in border disputes ” Critical history “or” history of separation “, which must be followed by” the king has lost the king. “
In their television programs in Egypt, we did not find anyone to say that this is a historical document, so we note that all the countries of the world do not make maps according to the Egyptian claim. On the day Britain presented the map of Sudan and its territory to the United Nations in 1952 to achieve self-rule, Halaib was inside Sudan.
In 1953, the United Nations split Sudan into geographical constituencies and established an international commission of elections headed by an Indian who divided Sudan into constituencies and supervised the elections. If we review the United Nations, we find that the maps go beyond the geographical circles and include Shukria to Shalatin, at the same time, we reviewed the geographical circles of the Egyptian international from 1922 to 1952 to find a geographical circle called Halaib.
How do you see the talk of the Egyptians that the borders were administrative and were followed to Egypt and returned to Sudan?
This talk is not related to health and I recall when I opened the file on the amendment of the border in the period 1899 and 1902 was justification that the Arabs, ie, the Parisians did not apply to them any Egyptian law regulating the Arabs issued in 1891, and therefore recommend the file to confirm the continued subordination to Sudan.
The legal point raised by the Egyptian side is that the agreement was signed by the Egyptian Foreign Minister with Lord Cromer. The most recent amendments were the interior minister. First, Mustafa Fahmi signed as interior minister but he was the prime minister at the same time and thus appointed the minister of interior. The issue is Egypt’s interest in building the Aswan Dam, and the confirmation of their subordination to the Sudan was signed by the Prime Minister and Minister of the Interior, Mostafa Fahmi and all the presidency of the ministry. In Egypt since Or 1874 to 1922 was Chairman of the Board of Supervisors is the Minister of the Interior.
Does the Egyptian side argue that the 1899 agreement is international and binding?
This claim contradicts the statements of Nahas Pasha and Necrashi Pasha before the UN Security Council in 1947 and before 1936. Egypt has maintained that this is not an international agreement and has never ratified it. In fact, it has not even been ratified by the British Parliament and has not been registered in Britain’s international treaty series. But the important thing is that the prime ministers of Egypt before the death of Sir Lee Stack in 1824 and the new agreement with Britain 1936 until the 1952 agreement on the independence of Sudan was called the Convention invalid .. Even if we accept the argument that it was an international agreement was to regulate the administration of Sudan .. The 1952 Convention gave Sudan And that it was not a treaty, but an agreement. This agreement was canceled. After Egypt became an independent state, it did not demand the cancellation of the agreement, and therefore the door was closed.
So where did this claim come from?
Egypt has sued Sudan to protect the high dam from low-flying Israeli airliners at the beginning of the 1970s and took control points along the area and completed 10 points. They exploited these points and misused the Sudan. These points remained after reconciliation with Israel and were turned into a settlement and a settlement.
Egyptian media has always claimed that the Halaib area Egyptian and trying to provide evidence to confirm his allegations?
Yes, I noticed this, and they say that historically it is within Egypt, but I did not see any of them citing a map or an international document published “even if from Egypt itself” by 1958 in which the Halaib area within the Egyptian borders .. I challenge any Egyptian to make a map or description The borders of Egypt and for a period of five hundred and seventy years before the year 1899 showing Halayeb and Shalatin within the Egyptian border.
Does Sudan have the documents that I mentioned?
Yes, we certainly have all the documents and descriptions. For us, what matters is the borders in the era of independence. If the state gained its independence and part of the territory is followed, this is within its territory. This is the legal basis on which the states were based. Egypt became independent in 1922 from the British Mandate It has been a British protectorate since 1914, and there is no Egyptian law applied to the Halayeb Triangle or the appointment of a governor, worker, elder or any employee. International law does not prevail in disputes with all measures taken after the conflict has crystallized, meaning that a new document issued after 26 February 1958 is not legally binding.
Is it possible to say that the documents adopted clearly indicate a fair dependency on Sudan?
Yes, many documents and maps exist and some of them are issued by Egypt itself indicating that the Halaib is Sudanese, when countries issue documents distributed all over the world. Maps issued by the Egyptian governments are found in many countries, and we can easily obtain them, some of which we have, not to mention the maps issued during the colonial era.
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