The Resolutions and Recommendations of Dinka Malual and Misseriya 2023 Pre-Migration Peace Conference

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: The Resolutions and Recommendations of Dinka Malual and Misseriya 2023 Pre-Migration Peace Conference
Date: 30 Mar 2023
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: Dinka Malual Representatives:

Peter Makuac Makuac – Head of Chiefs
Garang Rual Deng – Executive Chief
Ajou Luol Akuei – Peace Committee Court Chairperson
Yel Aguer Geng – Executive Chief
Akec Ken Kuac – Paramount Chief
Atak Bak Mou – Paramount Chief

Misseriya Representatives:

Mohamed Al Herika Osman – Ameer
Al Fadil Mohammed Issa – Omda
Hamid Mohammed Musa – Omda
Ibrahim Ali Tobeig – Omda
Bushara Abdalla el Dudu – Omda
Mohammed Yahiya Abdel Naeem – Omda
Hasab el Nabi Duweid – Omda
Hessein Mohammed Hamuda – Omda
Banani Mohammed Omer – Omda
Hereika Mohammed Issa – Omda
Abu el Gasim Mohammed Abdalla – Omda
Fadul Azaz Rahma – Omda
Jalah Issai – Omda
Said Shatta Abdalla – JBPC
Ali el Dudu – Omda
Third parties: William Kolong Pioth – Regional Peace Coordinator
Bakar Abdel Jelel – Western Kordofan Government Representative
Ma. Inegita Montero – UNMISS CAD
Description: This is a local cross-border pre-migration peace conference agreement between the Dinka Malual community of South Sudan and the Misseriya community of Sudan's West Kordofan, reviewing and updating resolutions from the 2020/2021 conferences. It establishes detailed compensation scales for crimes (murder, wounding, rape, adultery, theft), designates seasonal cattle migration routes, and sets rules on resource sharing, firearms possession, environmental protection, and taxation at border markets. The agreement also recommends youth participation, women's inclusion in future conferences, establishment of joint vocational training, and continued support from the Joint Border Peace Committees (JBPC) and peace partners.

Agreement document: SS_SD_230330_The Resolutions and Recommendations of Dinka Malual and Misseriya 2023 Pre-Migration Peace Conference (opens in new tab) | Download PDF
Source of document: This agreement was sourced from a researcher in South Sudan and have been confirmed as public.

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: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: The Resolutions of the Conference:
...
3. In an event of rape case, he/she who commit rape case should be arrested, investigated and punished according to the law of the country in which the incident occurred, and will have to pay 10 heads of cattle, 6 heifers and 4 bulls, and a fine of two hundred thousand South Sudanese (200,000) or its equivalent in Sudanese Pounds.
...
12. The conference urged the bordering communities to allow participation of women of Dinka Malual and Misseriya to participate in peace conferences
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: The Resolutions of the Conference:
...
17. Issues related to killing and looting along the migration routes and business corridors should be dealt with particular fraternity who's their next of kin committed the crimes in either sides of the communities.

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: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
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: No specific mention.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of groups
The Resolutions of the Conference:
...
6. When the Missiiriya pastoralists are in the territory of South Sudan, the safety and security of Miseiirya pastoralists/nomads during the cattle migration season must be the responsibility of the government of South Sudan especially the hosting State
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: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: The Resolutions of the Conference:
1. In the incident of murder, the value of compensating the blood or life lost must be 41 head of cattle (21 heifers and 20 bulls), and fine of 200,000 (Two hundred thousand South Sudanese or its equivalent in Sudanese Pounds.
2. In case of any incident when the person wounded, whose part of the body is injured must be compensated with 15 head of cattle (10 heifers and 5 bulls) and two years' imprisonment (depending on the medical examination determined by competent medical personal) and a fine of SSP 200, 000 (two hundred thousand South Sudanese or its equivalent in Sudanese pounds.
3. In an event of rape case, he/she who commit rape case should be arrested, investigated and punished according to the law of the country in which the incident occurred, and will have to pay 10 heads of cattle, 6 heifers and 4 bulls, and a fine of two hundred thousand South Sudanese (200,000) or its equivalent in Sudanese Pounds.
4. In case of anyone committing adultery, the criminal must be ordered to pay seven (7) head of cattle (4 heifers and 3 bulls) and a fine of two hundred thousand South Sudanese (200,000) or its equivalent in Sudanese Pounds.
5. To reduce cattle or property theft, any criminal who steals a cattle, sheep, goat, donkey and etc.
must be arrested by the police depending on the location of the incident and forced to return the stolen property to their owners and be jailed for a period of 6 months and should be fined with amount of SSP 100,000 (one hundred thousand South Sudanese Pounds or its equivalent in Sudanese Pounds.
...
Therefore, any person found cutting down fruits, edible and non-edible trees must be arrested and fine with fifty thousand South Sudanese pounds (50,000) or its equivalent in Sudanese Pounds.
...
16. If a Misseriyia or Dinka Malual murder a person and she/he is not found but suspected to be from Dinka Malual or Misseriyia side, then the chief/Omda of that clan or close relative of that suspect must be arrested until he/she brings that culprit to justice and a fine of SSP 200,000 or its equivalent to Sudanese Pounds.
The process of arrest of the culprit must be the responsibility of the Joint Border Peace Committees.
17. Issues related to killing and looting along the migration routes and business corridors should be dealt with particular fraternity who's their next of kin committed the crimes in either sides of the communities.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Preamble:
...
Grateful to the logistical and financial support by the SSPRC, UNMISS, UNDP, VSF and government of Northern Bahr el Ghazal State.
Business: No specific mention.
Taxation: Socio-economic reconstruction→Taxation→Reform of taxation
The Resolutions of the Conference:
...
13. The conference recommends that taxation should be regulated in order to shun multiple and heavy taxes on Missiiriya goods
...
15. The conference requested the Government of South Sudan to increase the peace dividends to JBPC up to 30% of the taxes collected at border markets to support the peace process and ease the work of the JBPC along the border between Sudan and South Sudan.
The same thing should be replicated by the Sudanese government to support the work of JBPC and peace process.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: The Resolutions of the Conference:
...
6. When the Missiiriya pastoralists are in the territory of South Sudan, the safety and security of Miseiirya pastoralists/nomads during the cattle migration season must be the responsibility of the government of South Sudan especially the hosting State
...
8. Cutting down the trees is proscribed by the government of South Sudan.
Therefore, any person found cutting down fruits, edible and non-edible trees must be arrested and fine with fifty thousand South Sudanese pounds (50,000) or its equivalent in Sudanese Pounds.
9. Misseriya pastoralists should follow the designated season cattle migration routes agreed in the this peace agreements, (Machar Akoon, Majok Yinh Thiou, Warguet and Rumaker, Yinh Pabol).
10. The conference urged the chiefs along the designated cattle migration routes to cooperate with Missiiriya pastoralists during the migration season, and work together to resolve issues arising during that particular migration season.
11. The conference asked host community and Missiiriya nomads to share the existing water and pastures resources along the cattle migration routes without discrimination and hindrances.
Cultural heritage: No specific mention.
Environment: The Resolutions of the Conference:
...
7. Burning of bushes is prohibited, and anybody who would cause bushfire to degrade the vegetation must be arrested and ordered to pay the loses caused by the bushfire and fine with thirty thousand South Sudanese pounds (30,000) or its equivalent in Sudanese Pounds
8. Cutting down the trees is proscribed by the government of South Sudan.
Therefore, any person found cutting down fruits, edible and non-edible trees must be arrested and fine with fifty thousand South Sudanese pounds (50,000) or its equivalent in Sudanese Pounds.
Water or riparian rights or access: The Resolutions of the Conference:
...
11. The conference asked host community and Missiiriya nomads to share the existing water and pastures resources along the cattle migration routes without discrimination and hindrances.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: Preamble:
...
Acknowledged the presence of Sudanese security apparatus (Military Police Intelligent (MPI) and Criminal Investigation Department (CID) in this peace conference.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: The Resolutions of the Conference:
...
7. Burning of bushes is prohibited, and anybody who would cause bushfire to degrade the vegetation must be arrested and ordered to pay the loses caused by the bushfire and fine with thirty thousand South Sudanese pounds (30,000) or its equivalent in Sudanese Pounds
8. Cutting down the trees is proscribed by the government of South Sudan.
...
14. Possessing of firearms is forbidden;
therefore, any person found possessing firearms, ammunitions or military related materials in the territory of Republic of South Sudan must be arrested and subjected to legal procedures in accordance to South Sudanese civil and military laws based on the identity of individual found.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: Signatories:
...
Ma. Inegita Montero - UNMISS CAD
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.

The Resolutions and Recommendations of Dinka Malual and Misseriya 2023 Pre-Migration Peace Conference

Held at Aweil Grand Hotel, Aweil Town

Northern Bahr El Ghazal State

The Republic of South Sudan

Date:

27th - 30th March 2023

Preamble:

This agreement is made between Dinka Malual of the Republic of South Sudan and Missiiriya of West Kordufan of the Republic of Sudan.

Acknowledged the presence of Sudanese security apparatus (Military Police Intelligent (MPI) and Criminal Investigation Department (CID) in this peace conference.

Taught by our devastating experiences of consecutive civil wars heavily paid by both communities under the united Sudan, revenge and targeting killing committed

Reminded of our common border, shared resources, friendship and geographical proximity,

Mindful of our historical bonds, and ancestral linkages, independence and benefit of peace and cooperation,

Necessitated by our mutual needs for water, pasture, trade and fishing;

Aggravated by political manipulation and incitement,

Encouraged and supported by political will of the government of South Sudan and the government of Sudan

Grateful to the logistical and financial support by the SSPRC, UNMISS, UNDP, VSF and government of Northern Bahr el Ghazal State.

We, the delegates representing Dinka Malual and Misseriya communities met on the March 27th – 30th 2023 to review, discuss and deliberate previous resolutions and recommendations of the 2020] Pre-Migration peace conference and new emerging issues in this 2023 pre-migration peace conference.

After lengthy discussions and deliberations over the 2021 Pre-Migration resolutions and recommendations, the delegates unanimously agreed on the following resolutions and recommendations:-

The Resolutions of the Conference:

1. In the incident of murder, the value of compensating the blood or life lost must be 41 head of cattle (21 heifers and 20 bulls), and fine of 200,000 (Two hundred thousand South Sudanese or its equivalent in Sudanese Pounds.

2. In case of any incident when the person wounded, whose part of the body is injured must be compensated with 15 head of cattle (10 heifers and 5 bulls) and two years' imprisonment (depending on the medical examination determined by competent medical personal) and a fine of SSP 200, 000 (two hundred thousand South Sudanese or its equivalent in Sudanese pounds.

3. In an event of rape case, he/she who commit rape case should be arrested, investigated and punished according to the law of the country in which the incident occurred, and will have to pay 10 heads of cattle, 6 heifers and 4 bulls, and a fine of two hundred thousand South Sudanese (200,000) or its equivalent in Sudanese Pounds.

4. In case of anyone committing adultery, the criminal must be ordered to pay seven (7) head of cattle (4 heifers and 3 bulls) and a fine of two hundred thousand South Sudanese (200,000) or its equivalent in Sudanese Pounds.

5. To reduce cattle or property theft, any criminal who steals a cattle, sheep, goat, donkey and etc.

must be arrested by the police depending on the location of the incident and forced to return the stolen property to their owners and be jailed for a period of 6 months and should be fined with amount of SSP 100,000 (one hundred thousand South Sudanese Pounds or its equivalent in Sudanese Pounds.

6. When the Missiiriya pastoralists are in the territory of South Sudan, the safety and security of Miseiirya pastoralists/nomads during the cattle migration season must be the responsibility of the government of South Sudan especially the hosting State

7. Burning of bushes is prohibited, and anybody who would cause bushfire to degrade the vegetation must be arrested and ordered to pay the loses caused by the bushfire and fine with thirty thousand South Sudanese pounds (30,000) or its equivalent in Sudanese Pounds

8. Cutting down the trees is proscribed by the government of South Sudan.

Therefore, any person found cutting down fruits, edible and non-edible trees must be arrested and fine with fifty thousand South Sudanese pounds (50,000) or its equivalent in Sudanese Pounds.

9. Misseriya pastoralists should follow the designated season cattle migration routes agreed in the this peace agreements, (Machar Akoon, Majok Yinh Thiou, Warguet and Rumaker, Yinh Pabol).

10. The conference urged the chiefs along the designated cattle migration routes to cooperate with Missiiriya pastoralists during the migration season, and work together to resolve issues arising during that particular migration season.

11. The conference asked host community and Missiiriya nomads to share the existing water and pastures resources along the cattle migration routes without discrimination and hindrances.

12. The conference urged the bordering communities to allow participation of women of Dinka Malual and Misseriya to participate in peace conferences

13. The conference recommends that taxation should be regulated in order to shun multiple and heavy taxes on Missiiriya goods

14. Possessing of firearms is forbidden;

therefore, any person found possessing firearms, ammunitions or military related materials in the territory of Republic of South Sudan must be arrested and subjected to legal procedures in accordance to South Sudanese civil and military laws based on the identity of individual found.

15. The conference requested the Government of South Sudan to increase the peace dividends to JBPC up to 30% of the taxes collected at border markets to support the peace process and ease the work of the JBPC along the border between Sudan and South Sudan.

The same thing should be replicated by the Sudanese government to support the work of JBPC and peace process.

16. If a Misseriyia or Dinka Malual murder a person and she/he is not found but suspected to be from Dinka Malual or Misseriyia side, then the chief/Omda of that clan or close relative of that suspect must be arrested until he/she brings that culprit to justice and a fine of SSP 200,000 or its equivalent to Sudanese Pounds.

The process of arrest of the culprit must be the responsibility of the Joint Border Peace Committees.

17. Issues related to killing and looting along the migration routes and business corridors should be dealt with particular fraternity who's their next of kin committed the crimes in either sides of the communities.

The Recommendations of the conference:

1. The delegates recommended continuation of peace conferences between two communities and respect the agreement sign

2. The delegates also recommended that youth must be encouraged to participate in peace conference and allow them to interact freely to practice cultural festivals and sport activities for peace and social cohesion between the two communities;

3. The delegates requested peace partners to establish joint vocational training centers to give life skills training to the youth along the borders.

4. Trade should be improved with emphasis on security provision and tax reduction;

5. The similar peace conferences between Dinka Malual and Missiiriya should be replicated in the neighboring states such as Twic, Gogrial and Abyei Administrative Area;

6. Misseriya pastoralists and peace committee members should be exempted from migration fees;

7. Joint Border Peace Committees should conduct exchange visits between two sisterly States of Northern Bahr El Ghazal and Western Kordufan.

8. Peace Partners should continue to provide training to members of Joint Border Committees to build their capacities on conflict resolutions and negotiation skills

9. The agreement should be disseminated to the two communities.

10. UN agencies and peace Partners should establish Peace Support Funds to help border communities fund social services such as provision of clean water, health and education services.

11. The conference urged the Peace partners to organize the next peace conference at Marrem or Fulla town in Western Kordofan State

12. Peace partners from Sudanese side to train the members of Joint Border Peace Committee from the other side on early warning, early response and conflict transformation.

13. The JBPC from Missiiriya side should continue engaging the government of Sudan from all the levels to support this peace process

The misseriya request the government of NBGs and Dinka Malual community allow them establish a new market at Machar Akoon village in Aweil East County.

Exits strategy

1. In absence of the peace partners' support to the peace conferences, the two governments are urged to support the peace processes between the Dinka Malual and Misseriya with security and communication means and transport.

2. In absence of the peace partners, the communities of Dinka Malual should contribute bulls, goats, and other important ingredients to conduct peace conferences including accommodation when the conference is hosted in Northern Bahr El Ghazal State in cooperation with their government and Misseriya will provide sugar, oil, flour and other important needs.

3. In absence of the peace partners, the communities of the Misseriya should contribute bulls, goats, sheep, and other important elements to support peace conferences including accommodations when the conference is hosted in Western Kordofan in cooperation with their government and Dinka Malual will provide sugar, oil, flour and other important needs.

4. The Peace partners should build conference halls in Northern Bahr El Ghazal and Western Kordofan (Merram) before they stopped their support towards peace conferences including conference equipment.

5. In the absence of peace partners, the Joint Border Peace Committees should contribute from their tax percentages to support peace conferences.

6. The Misseriya and Dinka Malual should mobilize new peace partners to assist in funding peace conferences and other peace related activities.

[The following is a textual representation of a table of signatories.

Review to the agreement document for the tabulature format of signatories ]

Signatories:

Dinka Malual Representatives:

Peter Makuac Makuac - Head of chiefs

Garang Rual Deng - Executive Chief

Ajou Luol Akuei - Peace Committee Court Chairperson

Yel Aguer Geng - Executive Chief

Akec Ken Kuac - Paramount chief

Atak Bak Mou - Paramount chief

Misseriya Representatives:

Mohamed Al herika Osman - Ameer

Al Fadil Mohammed Issa - Omda

Hamid Mohammed Musa - Omda

Ibrahim Ali Tobeig - Omda

Bushara Abdalla el Dudu - Omda

Mohammed Yahiya Abdel Naeem - Omda

Hasab el Nabi Duweid - Omda

Hessein Mohmmed Hamuda - Omda

Banani Mohammed Omer - Omda

Hereika Mohammed Issa - Omda

Abu el Gasim Mohammed Abdalla - Omda

Fadul Azaz Rahma - Omda

Jalah Issai - Omda

Said Shatta Abdalla - JBPC

Ali el Dudu - Omda

Witnessed by:

William Kolong Pioth - Regional Peace Coordinator

Bakar Abdel Jelel - Western Kordofan Gov Rep

Ma. Inegita Montero - UNMISS CAD

The Resolutions and Recommendations of Dinka Malual and Misseriya 2023 Pre-Migration Peace Conference

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

Source agreement