1st Review of the Marial Bai Agreement on Cattle Seasonal Movement, Wau State

Country/entity
South Sudan
Region
Africa (excl MENA)
Agreement name
1st Review of the Marial Bai Agreement on Cattle Seasonal Movement, Wau State
Date
01/11/2019
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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.
Sudan Conflicts (1955 - ) )
Stage
Implementation/renegotiation (Addresses new or outstanding issues)
Conflict nature
Inter-group
Peace process
107: South Sudan post-secession process
Parties
• William Bak Uloro (Signatory) – Kangi County
• John Utho Achom (Witness) – Kangi County
• Elario Ucuir Uyu (Signatory) – Roc Roc Don County
• James Aguer Ken (Witness) – Roc Roc Don County
• Peter Akuar Auger (Signatory) – Udici County
• Bernarto Uyak Uchen (Witness) – Udici County
• Nyiyuo Awet Nyiyuo (Signatory) – Kujaena County
• Elario Den Aken (Witness) - Kujaena County
• Peter Monylet Deng (Signatory) – Wau Municipality County
• Daniel Masimno Juya (Witness) - Wau Municipality County
• Lual Aleu Mabuon (Signatory) – Marial Bai County
• Bol Majok Ngor Dut (Witness) - Marial Bai County
• William Kamilo Mboro (Signatory) – Bessillia County
• Raphael Daniel Mande (Witness) - Bessillia County
• Natale Augustino Zalan (Signatory) – Baggari County
• Elias Andrea Ujang (Witness) - Baggari County
• Gabriel Unango Uguen (Signatory) – Kpaile County
• Paul Kamilo Dufan (Witness) - Kpaile County
• Adhal Kot Kon (Signatory) – Alur County
• Uchalla Dhal Nyabang (Witness) - Alur County
• Athain Akuei Athain (Signatory) - Wau Bai County
• Mawein Wol Lony (Witness) - Wau Bai County
• Jamus Wol Achuil (Signatory) – Alel Thony
• Isarbino Amet Makuac (Witness) - Alel Thony
• Arou Kon Arou (Signatory) - Man Alor County
• Alphonsio Mawein Arou (Witness) - Man Alor County
• Aru Athian Aru (Signatory) - Tonj County
• Marko Mabior Ajiec (Witness) - Tonj County
• Ayii Agiu Kuot (Signatory) – Warra County
• Kieu Athian Manoi (Witness) - Warra County
• Mathuc Madut Mawein (Signatory) – Pagol County
• Marko Mabior Ajiec (Witness) - Pagol County
• Cikom Ayiei Cikom (Signatory) – Yar County
• Marko Mabior Ajiec (Witness) – Yar County
• Parum Malek Akuien (Signatory) - Thiet County
• Akot Mathiang Deng (Witness) - Thiet County
• Kur Malek Mathok (Signatory) – Jak County
• Marko Mabior Niec (Witness) – Jak County
• Mawein Mayol Mawein (Signatory) – Kirik County
• John Maker Lon (Witness) - Kirik County
• Abraham Nyok Madut (Signatory) - Kuac South County
• Chol Yuot Chol (Witness) - Kuac South County
• Deng Ajiek Agoth (Signatory) - Kuac North County
• David Ayok Akook (Witness) - Kuac North County
• James Kuc Baak (Signatory) - Aguok South County
• Joseph Manut Yel (Witness) - Aguok South County
• Wek Deng Ariech (Signatory) - Kuac West County
• Malueth Mayen Wol (Witness) - Kuac West County
• Madut Teng Agany (Signatory) - Buoyar County
• Madut Adup Majok (Witness) - Buoyar County
Third parties
Sam Muhumure, UNMISS, Head of Field Office, Wau

Orasio Opiyo, PRWG, Coordinator

Ariech Deng Ariech, TOCH Representative

Thiep Mayuot Deng, NRC Representative

John Lupo Ucin, Malteser Int. Representative

Description
In this agreement, representatives of various farming and cattle-breeding communities, engage in a planned review of the previous agreement on managing seasonal cattle movements. The disputes over land and transhumance routes were the source of violence, and this agreement aims to prevent disputes from becoming violent by organising a Dispute Resolution Committee, a Monitoring Committee, and an Interstate Coordinating Committee on Cattle Seasonal Movement. The agreement also sets procedures and compensation for any damage caused to farmers or cattle owners.

Agreement document
SS_191101_Review Marial Bai Agreement.pdf []

Main category
Page 6:
RESOLUTION 9

Determination of damage

At the beginning of the cattle seasonal movement every Boma or Payam will form a committee consisting of (1) Chief, (1) Majokwuot, (1) Woman, (1) Farmer, (1) Ministry of Agriculture, (1) Veterinary Officer, (1) youth representative, (1) police and (1) administrator. This committee will meet immediately when damages are reported.

The committee is responsible to:

1.    Identify the culprit(s)

2.    Determine the amount of damage and to

3.    Collect the compensation from the Majokwuot or the farmer

In case the decision is not in accordance with the resolutions of this agreement, an appeal can be made.

Women, girls and gender

Participation
Gender quotas
Page 6, RESOLUTION 9: Determination of damage
At the beginning of the cattle seasonal movement every Boma or Payam will form a committee consisting of (1) Chief, (1) Majokwuot, (1) Woman, (1) Farmer, (1) Ministry of Agriculture, (1) Veterinary Officer, (1) youth representative, (1) police and (1) administrator. This committee will meet immediately when damages are reported. The committee is responsible to:
1. Identify the culprit(s)
2. Determine the amount of damage and to
3. Collect the compensation from the Majokwuot or the farmer
In case the decision is not in accordance with the resolutions of this agreement, an appeal can be made.
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
No specific mention.
New institutions
No specific mention.
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
No specific mention.
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh