Resolutions of Tri-State Peace and Reconciliation Conference

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Resolutions of Tri-State Peace and Reconciliation Conference
Date: 6 Jul 2019
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local conflict
Sudan Conflicts (1955 - )
Agreements relate to several distinct dyads, and also the negotiated independence of South Sudan, and subsequent internal conflict in South Sudan. Sudan-South Sudan. The long-standing conflict between the north and the south of the country dates back to colonial times, where the British introduced a so-called ‘Southern Policy’, severely hampering population movements between these big regions. Immediately after gaining independence in 1956, southern movements started to fight for independence; this fight became professionalised in 1983 with the foundation of the soon internationally supported Sudan People’s Liberation Army (SPLA). When the Islamic Front government introduced strict sharia laws in the south after it took over power in 1988 the war intensified. A decade later, the military situation reached a stalemate, enabling internationally facilitated peace negotiations to begin in 1997. After more fighting, a final negotiation push began in 2002, leading to the signing of the Comprehensive Peace Areement (CPA) in January 2005.

Sudan-South Sudan post referendum. South Sudan became independent in July 2011; since then, relations between the two countries are complicated and violent conflict led by the SPLM (North) in the Sudanese Nuba mountains region has since intensified.

Darfur. Other long-standing violent conflicts are in the east and the west of the country. In the east, the Beja Congress, established in 1957, is the spearhead of a currently ‘peaceful’ opposition movement. In the west, the violent conflict in Darfur intensified in the early 2000s and rapidly gained international attention, even resulting in genocide charges against leading figures of the Sudanese government. The situation on the ground is complex, with over a dozen organisations (most notably the Sudanese Liberation Movement and the Justice and Equality Movement) fighting the Sudanese government and allied groups like the Janjaweed – although all parties have switched sides on numerous occasions. Several mediation attempts have not been successful, due to the shaky commitment of the Sudanese central government and the distrust among the armed opposition.

South Sudan - internal
In December 2013, after president Salva Kiir accused opposition leader Riek Machar of attempting a coup, violent conflict broke out between government forces of the SPLM/A and anti-governmental groups. In addition, several other political militias as well as communal militias have joined the conflict. In 2015 the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) was signed. Due to unsuccessful implementation the agreement was revitalized in 2018. In September 2019, Kiir and Machar agreed to establish a power-sharing government after struggles on forming a unity transitional government.
Stage: Framework/substantive - partial
Conflict nature: Inter-group
Peace process: South Sudan: Post-secession Local agreements
Parties: Gogrial State:
Kuol Amet Kuol - Paramount Chief;
Chol Yuot Chol - Majook-wut Representative;
Ayak Yel Akech - Women Representative;

Wau State:
Dhe IAgiu Maluil - Paramount Chief;
Karmilia Augustino Kafir - Women Representative;
Wol Okei Mawien - Farmers Representative;

Tonj State:
Ariath Mayar Mareng - Paramount Chief;
MabiorThuom Tong -Majook-wut Representative;
Regina Akien Dhel - Women Representative;
Third parties: Brig. Gen. Angelo Taban-Biajo, Governor - Wau State;
Brig. Gen. Victor Atem Atem, Governor - Gogrial State;
Maj. Gen. Mathew Mathiang Magordit, Governor - Tonj State;
Brig. Gen. Atem Madut Yak Governor - Twic State;
Sam Korutaro Muhumure, UNMISS Head of Field Office - Wau;
Anastasie Nyirigira, UNMISS Head of Field Office - Kuajok/Gogrial;
Orasio Opiyo Buolo, NNGOs/CSOs Representative;
Stephen Kur Bona, INGOs Representative.

UNMISS Field Offices of Wau, Kuajok and CARDO, CEPO, TOCH, IOM, Malteser International, WOTAP, UCDC and HARD.
Description: Community representatives from the states of Wau, Tonj and Gogrial met to discuss the conflict between cattle owners in Tonj and Gogrial and the farming community in Wau State. They called for an end to the conflict, establishing mechanisms for disarmament, transitional justice and the development of peaceful relations.

Agreement document: SS_190706_Resolutions of Tri-State Peace and Reconciliation Conference (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
THE RESOLUTIONS:
...
Immediate Implementable Actions:
...
Article 4: Immediate support to the voluntary return and provision of humanitarian Assistance (Shelter/NFIs, Seeds, Tools among others) to the displaced population (IDPs)
Social class: No specific mention.

Gender

Women, girls and gender: THE RESOLUTIONS:
...
Medium/Long term Solution:
...
Article 10: All the crimes committed including rape, conflict related sexual violence and abuses against women and girls, murder and arson must be tried by a formal court.
...
3. Ayak Yel Akech - Women Representative
...
5. Karmilia Augustino Kafir - Women representative
...
9. Regina Akiep.
Dhel -Women Representative
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: THE RESOLUTIONS:
...
Medium/Long term Solution:
...
Article 15: Respect of the local authorities, laws and customs.
Public administration: THE RESOLUTIONS:
...
Immediate Implementable Actions:
...
Article 7: There should be administration accountability for any government officials involved in the community conflict.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Other
THE RESOLUTIONS:
...
Medium/Long term Solution:
...
Article 13: A joint committee for border verification should be established to address border related issues among the three states by the national government; or give the state authorities the powers to handle the matter.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
THE RESOLUTIONS:
...
Immediate Implementable Actions:
...
Article 8: Immediate dissemination of the resolutions of this tristate peace conference
Mobility/access: THE RESOLUTIONS:
...
Immediate Implementable Actions:
...
Article 3: Immediately allow for the free movement of the civilians across the borders of the three states.
Protection measures: Rights related issues→Protection measures→Protection of civilians
THE RESOLUTIONS:
...
Immediate Implementable Actions:
Article 1: Immediately stop hostilities and revenge attack, cattle raiding and any form of violence among communities of cattle keepers and farmers;
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: THE RESOLUTIONS:
...
Medium/Long term Solution:
...
Article 21: Reform the local government administration to put in place effective local courts with ability to response to security and social issues facing communities.
Prisons and detention: No specific mention.
Traditional Laws: THE RESOLUTIONS:
...
Medium/Long term Solution:
Article 9: Compensation of lives, livestock and properties lost in accordance with tradition should not replace the criminal prosecution. Any alleged perpetrator must be prosecuted accordingly.
...
Article 15: Respect of the local authorities, laws and customs.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
THE RESOLUTIONS:
...
Immediate Implementable Actions:
...
Article 4: Immediate support to the voluntary return and provision of humanitarian Assistance (Shelter/NFIs, Seeds, Tools among others) to the displaced population (IDPs)
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: THE RESOLUTIONS:
...
Medium/Long term Solution:
...
Article 14: A joint monitoring committee comprising of the three states ministers of local government and other partners should be formed as a backing up of ICCM to monitor any conflict between communities of cattle keepers and the farmers. This committee should meet regularly to address any issues as they come up.
...
Article 16: An integrated police operation should be established from the three states to deal with maintaining security related to cattle migration violations;
...
Article 18: Ensure that all the cattle camps are registered and updated continually during the migration period.
...
Article 20: Both the cattle keepers and farmers should stick to the provisions of Marial Bai Agreement as plans are underway for the review.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: THE RESOLUTIONS:
...
Medium/Long term Solution:
...
Article 17: Digging of the water points in the areas of the cattle keepers;

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
THE RESOLUTIONS:
...
Immediate Implementable Actions:
Article 1: Immediately stop hostilities and revenge attack, cattle raiding and any form of violence among communities of cattle keepers and farmers;
Police: THE RESOLUTIONS:
...
Medium/Long term Solution:
...
Article 16: An integrated police operation should be established from the three states to deal with maintaining security related to cattle migration violations;
Armed forces: THE RESOLUTIONS:
...
Medium/Long term Solution:
...
Article 22: End the culture of appointing inexperienced military officers into local government administration who do not have skills and experience in public administration and governance.
DDR: Security sector→DDR→Demilitarisation provisions
THE RESOLUTIONS:
...
Immediate Implementable Actions:
...
Article 5: Comprehensive disarmament shall be carried out by the joint three states security committees.
Article 6: Speedy cantonment and training of the SPLA/IO as provided in the R-ARCSS to prevent them joining the intercommunal clashes.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: THE RESOLUTIONS:
...
Immediate Implementable Actions:
...
Article 6: Speedy cantonment and training of the SPLA/IO as provided in the R-ARCSS to prevent them joining the intercommunal clashes.
...
Medium/Long term Solution:
...
Article 19: SSPDF and SPLA/IO to control individuals from joining any proxy war and involvement in the intercommunal violence but stick to their mandate.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: Transitional justice→Courts→National courts
THE RESOLUTIONS:
...
Medium/Long term Solution:
...
Article 10: All the crimes committed including rape, conflict related sexual violence and abuses against women and girls, murder and arson must be tried by a formal court.
Article 11: Formation of the mobile/special court to try all the cases arising from the ongoing crisis.
Mechanism: THE RESOLUTIONS:
...
Medium/Long term Solution:
...
Article 11: Formation of the mobile/special court to try all the cases arising from the ongoing crisis.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
THE RESOLUTIONS:
...
Medium/Long term Solution:
Article 9: Compensation of lives, livestock and properties lost in accordance with tradition should not replace the criminal prosecution. Any alleged perpetrator must be prosecuted accordingly.
Reconciliation: THE RESOLUTIONS:
...
Medium/Long term Solution:
...
Article 23: More grassroots Reconciliation and dialogues meetings should be conducted in the affected areas to promote healing and peaceful co-existence.

Implementation

UN signatory: THE RESOLUTIONS:
...
Medium/Long term Solution:
...
5. Sam Korutaro Muhumure, UNMISS Head of Field Office-Wau
6. Anastasie Nyirigira, UNMISS Head of Field Office-Kuajok/Gogrial
Other international signatory: THE RESOLUTIONS:
...
Medium/Long term Solution:
...
7. Orasio Opiyo Buolo, NNGOs/CSOs Representative
8. Stephen Kur Bona, INGOs Representative
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: No specific mention.

Here is the complete text of the resolutions:

RESOLUTIONS OF TRI-STATE PEACE AND RECONCILIATION CONFERENCE

WAU STATE

3RD - 6TH JULY 2019

Preamble:

The three states of Wau, Tonj and Gogrial in collaboration with UNMISS Field Offices of Wau, Kuajok and Peace Building Actors in the Region (CARDO, CEPO, TOCH, IOM, Malteser International, WOTAP, UCDC and HARD) organized a four days Tri-State Peace and Reconciliation Conference on Migration under the Theme:

"Yes to Peace and Reconciliation, No to Intercommunal Violence"

We the delegates and participants from the three states of Wau, Tonj and Gogrial comprising of Governors, Speakers, State Advisors, Cabinet Ministers, State MPs, County Commissioners, Chiefs, Women, Youth, Representative of Cattle Keepers/farmers, SPLA/IO and partners met in Wau for the last four days from 3rd – 6th July 2019 to identify the root causes of the current conflict between the cattle keepers in both Tonj and Gogrial States and the farming community in Wau State, and find possible solutions to the underlying causes;

build confidence among communities;

listened to the concern raised by:

chiefs, youth, women, representative of the cattle keepers and farmers;

deliberated on the issues raised in each presentation carefully;

and identified the following as root causes of the conflict among the cattle keepers and the farmers:

1. Presence of guns in the hands of the civilians;

2. Border disputes among communities in Wau, Gogrial and Tonj states;

3. Involvement of some government officials and the military officers (SSPDF, NSS and other organized forces) in the proxy war along the communities in the states of Gogrial, Wau and Tonj.

4. Destruction of crops and properties by the cattle herders, looting of properties and burning down of houses by both cattle keepers and farmers.

5. Sexual and gender based violence against women and girls

6. Use of abusive language against the farmers and cattle keepers.

7. Accusing of farmers as SPLA/IO sympathizers;

8. Arbitrary arrest of civilians;

9. The involvement of the SPLA/IO in fighting the proxy war alongside the farming community.

10. Scarcity of water in Gogrial and Tonj and delay of rains.

11. Raiding of cattle, killing and beating of cattle keepers.

12. Politicization of the migration by Gogrial, Tonj and Wau States some politicians and some national politicians.

13. Breakdown of the social structure leaving chiefs without authority to control youth with guns.

14. Lack of proactive response to tensions by local and state authorities.

15. Presence of SPLA/IO in places which were not controlled by them before signing of the R-ARCSS.

We the delegates and participants in the four days deliberated and discussed all the issues raised in the plenary, frankly and freely committed ourselves to restore peace among our communities of cattle keepers and farmers;

build confidence and drew up this plan of action:

THE RESOLUTIONS:

We the delegates and the participants in the Tri-State Peace Conference held in Wau call for:

Immediate Implementable Actions:

Article 1: Immediately stop hostilities and revenge attack, cattle raiding and any form of violence among communities of cattle keepers and farmers;

Article 2: A joint fact-finding committee must be formed to establish the accurate facts and compile the damages caused to lives and properties;

Article 3: Immediately allow for the free movement of the civilians across the borders of the three states.

Article 4: Immediate support to the voluntary return and provision of humanitarian Assistance (Shelter/NFIs, Seeds, Tools among others) to the displaced population (IDPs)

Article 5: Comprehensive disarmament shall be carried out by the joint three states security committees.

Article 6: Speedy cantonment and training of the SPLA/IO as provided in the R-ARCSS to prevent them joining the intercommunal clashes.

Article 7: There should be administration accountability for any government officials involved in the community conflict.

Article 8: Immediate dissemination of the resolutions of this tristate peace conference

Medium/Long term Solution:

Article 9: Compensation of lives, livestock and properties lost in accordance with tradition should not replace the criminal prosecution. Any alleged perpetrator must be prosecuted accordingly.

Article 10: All the crimes committed including rape, conflict related sexual violence and abuses against women and girls, murder and arson must be tried by a formal court.

Article 11: Formation of the mobile/special court to try all the cases arising from the ongoing crisis.

Article 12: Marial Bai Agreement must be revised to clear some pitfalls.

Article 13: A joint committee for border verification should be established to address border related issues among the three states by the national government; or give the state authorities the powers to handle the matter.

Article 14: A joint monitoring committee comprising of the three states ministers of local government and other partners should be formed as a backing up of ICCM to monitor any conflict between communities of cattle keepers and the farmers. This committee should meet regularly to address any issues as they come up.

Article 15: Respect of the local authorities, laws and customs.

Article 16: An integrated police operation should be established from the three states to deal with maintaining security related to cattle migration violations;

Article 17: Digging of the water points in the areas of the cattle keepers;

Article 18: Ensure that all the cattle camps are registered and updated continually during the migration period.

Article 19: SSPDF and SPLA/IO to control individuals from joining any proxy war and involvement in the intercommunal violence but stick to their mandate.

Article 20: Both the cattle keepers and farmers should stick to the provisions of Marial Bai Agreement as plans are underway for the review.

Article 21: Reform the local government administration to put in place effective local courts with ability to response to security and social issues facing communities.

Article 22: End the culture of appointing inexperienced military officers into local government administration who do not have skills and experience in public administration and governance.

Article 23: More grassroots Reconciliation and dialogues meetings should be conducted in the affected areas to promote healing and peaceful co-existence.

SIGNATORIES

Gogrial State

1. Kuol Amet Kuol – Paramount Chief

2. Chol Yuot Chol - Majook-wut Representative

3. Ayak Yel Akech - Women Representative

Wau State

4. Dhe lAgiu Maiuil – Paramount Chief

5. Karmilia Augustino Kafir - Women representative

6. Wol Okel Mawien – Farmers Representative

Tonj State

7. Ariath Mayar Mareng – Paramount Chief

8. Mabior Thuom Tong -Majook-wut Representative

9. Regina Akiep.

Dhel -Women Representative

WITNESSES:

1. Brig.

Gen. Angelo Taban-Biajo, Governor-Wau State

2. Brig.

Gen. Victor Atem Atem, Governor-Gogrial State

3. Maj.

Gen. Matthew Mathiang Magordit, Governor-Tonj State

4. Brig.

Gen. Atem Madut Yak, Governor-Twic State

5. Sam Korutaro Muhumure, UNMISS Head of Field Office-Wau

6. Anastasie Nyirigira, UNMISS Head of Field Office-Kuajok/Gogrial

7. Orasio Opiyo Buolo, NNGOs/CSOs Representative

8. Stephen Kur Bona, INGOs Representative