Waat Lou Nuer Covenant

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Waat Lou Nuer Covenant
Date: 6 Nov 1999
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: Pre-secession Local Peace Processes
Parties: Delegates came from all districts in addition to Lou who came from Malakal, Khartoum and foreign countries.

Lou Nuer Peace and Governance Council Membership

Elected at Waat Lou Nuer Peace and Governance Conference

6 November 1999

Akobo District

Michael Yien Jiek
Executive Chief Thok Luak Yak
Mrs. Mary Chol Kwany

Nyirol District

Head Chief Peter Gatkek Tolciek
James Yoal Lul
Mrs. Elizabeth Nyagun Chuol

Dirror District

Head Chief Majok Rambang
Rebecka Nyanyak Wictuor
John Kutei Mut

Pulchuol District

Head Chief Dhuor Luak Loth
Buk Malual Muol
Thomas Lual Puot

Wuror District

Head Chief Gatluak Thou Kuony
Stephen Maluit Chuol
Elizabeth Nyayonga Chuol

Waat District

Head Chief Kai Gatkal Ngundeng
Mrs. Mary Nyayuok Jany
Nyang Kerjiok Char

At-Large Members

Gabriel Yoal Dok, Chairperson
John Luk Jok , Secretary
Gatliak Gatlou Riak
Nyang Chuol Dhuor
Majok Guandong
Kueth Luak Kok
John Jok Yoal Gai
Hoth Gor Luak
Chuol Rambang
Ket Gang Lual
Stephen Tut Puol
Cdr. Peter Bol Kong
Cdr. David Reath Malual
Cdr. Taban Juc
Cdr. Chot Riek Pathot
Dr. Wal Duany
Rev. David Kueat Wicluak
Rev. Peter Tut Pur
Third parties: New Sudan Council of Churches (NSCC)
Description: Short agreement aiming at establishing peace between factions of the Lou Nuer by increasing local governance and customary law as well as the separation of powers.

Agreement document: SS_991106_Waat Lou Nuer Covenant.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 1-2, Governance
... o Require the regular military and the White Army to demobilize all children under age fifteen;
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: No specific mention.
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: Page 1-2, Governance
... o Instruct all civil administrators to be accountable for their areas, to the people, and to work in a close and transparent manner with indigenous and international NGOs;
Traditional/religious leaders: Page 1, Governance
o Empowerment of chiefs to handle all local judicial cases and a rebuilding of the civil judicial system;
Public administration: Page 1-2, Governance
o Strongly urge our political and military leaders to construct civil and military governance systems that will unite all Nuer people and contribute to a reconciled and united south Sudan. This system must be outside the control of the Government of Sudan or persons working in Government of Sudan controlled areas of the country.

Page 1-2, Governance
... o A separation of civil and judicial administration from the military administration;

Page 1-2, Governance
... o Instruct all civil administrators to be accountable for their areas, to the people, and to work in a close and transparent manner with indigenous and international NGOs;

Page 2, Appeals from Lou Nuer
o To all Nuer: Appeal for unity, peace and shared responsibility for security within a unified political administration.
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: Page 2, Appeals from Lou Nuer
... o To all Southerners: We appeal for an unending commitment to unite south Sudan so that security is assured, our political objectives are realized and our rights protected.
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: No specific mention.
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: Page 1-2, Governance
... o A separation of civil and judicial administration from the military administration;

Page 1-2, Governance
... o Empowerment of chiefs to handle all local judicial cases and a rebuilding of the civil judicial system;
Prisons and detention: No specific mention.
Traditional Laws: Page 1, Governance
o Empowerment of chiefs to handle all local judicial cases and a rebuilding of the civil judicial system;

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, Governance
... o Commit ourselves to development of water resources that enable us to have permanent communities, the establishment of schools for our children, health care for our people, and food to sustain ourselves all year.
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: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Other
Page 1, untitled preamble, We have sealed this Covenant, with its included Resolutions, by the traditional sacrifice of a White Bull (Tu-Bor) and with Christian worship.
Environment: No specific mention.
Water or riparian rights or access: Page 2, Governance
... o Commit ourselves to development of water resources that enable us to have permanent communities, the establishment of schools for our children, health care for our people, and food to sustain ourselves all year.

Security sector

Security Guarantees: Page 2, Appeals from Lou Nuer
... o To all Southerners: We appeal for an unending commitment to unite south Sudan so that security is assured, our political objectives are realized and our rights protected.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, We have agreed to the following:-
Peace
o An end to all conflicts among Lou Nuer

Page 2, Appeals from Lou Nuer
... o To all Neighbors: We declare a unilateral, permanent cease-fire and express our desire to build peace with our neighbors.
Police: Page 1-2, Governance
... o Establishment of a police system that will maintain order within our communities and be accountable to the civil administration;
Armed forces: Page 1-2, Governance
o Strongly urge our political and military leaders to construct civil and military governance systems that will unite all Nuer people and contribute to a reconciled and united south Sudan. This system must be outside the control of the Government of Sudan or persons working in Government of Sudan controlled areas of the country.

Page 1-2, Governance
... o A separation of civil and judicial administration from the military administration;

Page 1-2, Governance
... o Require the regular military and the White Army to demobilize all children under age fifteen;
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1-2, Governance
... o Require the regular military and the White Army to demobilize all children under age fifteen;
Withdrawal of foreign forces: No specific mention.
Corruption: Page 1-2, Governance
... o Instruct all civil administrators to be accountable for their areas, to the people, and to work in a close and transparent manner with indigenous and international NGOs;
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 1, We have agreed to the following:-
Peace
...
o Amnesty for offenses against persons and property prior to 1 November 1999
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: Page 1, We have agreed to the following:-
Peace
... o Extending the hand of peace to Gaawar Nuer to our west and Jikany Nuer to our East. We stand ready to resolve any outstanding issues and build a permanent peace.
o Extending the hand of peace to all neighbouring people on the East Bank of the Nile. With the NSCC, we invite all Nilotic peoples on the East Bank of the Nile to send delegations in February 2000 for a People-to-People peace conference.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Sudan Info Net: http://sudaninfonet.tripod.com/Waat/waat_covenant.htm

Waat Lou Nuer Covenant

Waat, Sudan

6 November 1999

The Lou Nuer met in a People-to-People Peace and Governance Conference in Waat, Sudan under the auspices of the New Sudan Council of Churches (NSCC) from 1-7 November 1999.

Delegates came from all districts in addition to Lou who came from Malakal, Khartoum and foreign countries.

Today, we declare an end to years of internal conflicts among our people, battles between different factions, and at least three different military forces and civil administrations.

Our internal strife has made us vulnerable to conflicts with our neighbors on every side, and the Government of Sudan has armed various groups within our midst to stir up confusion and destruction.

We have sealed this Covenant, with its included Resolutions, by the traditional sacrifice of a White Bull (Tu-Bor) and with Christian worship.

We have met to establish a lasting peace, to build a common system of governance and to appeal to others to join us in rebuilding our communities and spreading this peace and reconciliation to all of south Sudan.

We have agreed to the following:-

Peace

An end to all conflicts among Lou Nuer

Amnesty for offenses against persons and property prior to 1 November 1999

A call to all Lou people to return to home areas and embrace the peace

Extending the hand of peace to Gaawar Nuer to our west and Jikany Nuer to our East.

We stand ready to resolve any outstanding issues and build a permanent peace.

Extending the hand of peace to all neighbouring people on the East Bank of the Nile.

With the NSCC, we invite all Nilotic peoples on the East Bank of the Nile to send delegations in February 2000 for a People-to-People peace conference.

Governance

Strongly urge our political and military leaders to construct civil and military governance systems that will unite all Nuer people and contribute to a reconciled and united south Sudan.

This system must be outside the control of the Government of Sudan or persons working in Government of Sudan controlled areas of the country.

A separation of civil and judicial administration from the military administration;

Empowerment of chiefs to handle all local judicial cases and a rebuilding of the civil judicial system;

Establishment of a police system that will maintain order within our communities and be accountable to the civil administration;

Instruct all civil administrators to be accountable for their areas, to the people, and to work in a close and transparent manner with indigenous and international NGOs;

Require the regular military and the White Army to demobilize all children under age fifteen;

Commit ourselves to development of water resources that enable us to have permanent communities, the establishment of schools for our children, health care for our people, and food to sustain ourselves all year.

Appeals from Lou Nuer

To all Nuer:

Appeal for unity, peace and shared responsibility for security within a unified political administration.

To all Neighbors:

We declare a unilateral, permanent cease-fire and express our desire to build peace with our neighbors.

To all Southerners:

We appeal for an unending commitment to unite south Sudan so that security is assured, our political objectives are realized and our rights protected.

To all Friends of South Sudan:

We appeal for partners who will help us rebuild our communities, strengthen our civil administration, and provide support for our common security.

A Word of Promise:

We will protect this peace against anyone from within our ranks or who would come against us from the outside attempting to destroy our unity and peace.

For this peace we are willing to die so that our children may live in peace and enjoy this good land that God has given to us.

Lou Nuer Peace and Governance Council Membership

Elected at Waat Lou Nuer Peace and Governance Conference

6 November 1999

Akobo District

Michael Yien Jiek

Executive Chief Thok Luak Yak

Mrs. Mary Chol Kwany

Nyirol District

Head Chief Peter Gatkek Tolciek

James Yoal Lul

Mrs. Elizabeth Nyagun Chuol

Dirror District

Head Chief Majok Rambang

Rebecka Nyanyak Wictuor

John Kutei Mut

Pulchuol District

Head Chief Dhuor Luak Loth

Buk Malual Muol

Thomas Lual Puot

Wuror District

Head Chief Gatluak Thou Kuony

Stephen Maluit Chuol

Elizabeth Nyayonga Chuol

Waat District

Head Chief Kai Gatkal Ngundeng

Mrs. Mary Nyayuok Jany

Nyang Kerjiok Char

At-Large Members

Gabriel Yoal Dok, Chairperson

John Luk Jok , Secretary

Gatliak Gatlou Riak

Nyang Chuol Dhuor

Majok Guandong

Kueth Luak Kok

John Jok Yoal Gai

Hoth Gor Luak

Chuol Rambang

Ket Gang Lual

Stephen Tut Puol

Cdr. Peter Bol Kong

Cdr. David Reath Malual

Cdr. Taban Juc

Cdr. Chot Riek Pathot

Dr. Wal Duany

Rev. David Kueat Wicluak

Rev. Peter Tut Pur

Waat Lou Nuer Covenant

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