Final Communique of the Reconciliation Conference between the Misseriyya Tribes; the Awlad Hayban and Awlad Serur and al-Metanin

• Country/entity

  Sudan
  
• Region

  Africa (excl MENA)
  
• Agreement name

  Final Communique of the Reconciliation Conference between the Misseriyya Tribes; the Awlad Hayban and Awlad Serur and al-Metanin
• Date

  1 Mar 2013
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/local conflict ( Sudan Conflicts (1955 - ) )
• Stage

  Framework/substantive - partial
• Conflict nature

  Inter-group
• Peace process

  Kordofan - Blue Nile - Abyei process
• Parties

  1. Amir Abd al-Moneim Musi El Shwayn, Amir of Amirs for the al-Matenin
  2. Amir Ismail Besharah El Safy, Amir of Amirs for the Awlad Hayban
  3. Amir El Tijany Mohamed Ahmed, Amir of Amirs for the Awlad Serur
• Third parties

  Witnesses:
  Minister of Decentralized Government, Hasbu Muhammad Abd al-Rahman
  Acting Governor of East Darfur, Ahmed Kubar Jibril
  Governor of South Kordofan, Maulana Ahmed Muhammad Hurun
  Chairman of the Good Offices Committee, Dr Abd al-Hamid Musi Kasha
  Chairman of the Preparatory Committee, Amir Mukhtar Babu Namr
  Chairman of the Legal Department of East Darfur State
  Chairman of the Legal Department of South Kordofan State
  Vice President of the Republic, Dr al-Haj Adam Yusuf
  
  Other participants [not signatures]
  Dr. Nafie Ali Nafie, Assistant President of the Republic
  A number of ministers, ministers of state, governor of South Kordofan and acting governor of East Darfur, a number of members of the governments of South Kordofan and East Darfur, and dignitaries of the civil administration in South Kordofan and East Darfur, and a party [representing] the people of South Kordofan and East Darfur
• Description

  Reconciliation agreement between the Awlad Serur/al-Matenin and the Awlad Hayban - all sub-clans of the Misseriyya - in South Kordofan, following clashes in al-Fulah, South Kordofan. Agreement makes recommendations for reconciliation including the payment of blood money, delineating areas of settlement for the two tribes. The agreement also outlines punishments for transgressing the agreement and a mechanism for re-negotiation. Conference members also recommended the strengthening of the civil service in these regions. non-proliferation of arms, as well as a reconfiguring of the oil compensation policy.

• Agreement document

  SD_130310_Awlad Hayban, Awlad Serur and Matanin_EN.pdf | Download PDF
• Agreement document (original language)

  SD_130310_Awlad Hayban, Awlad Serur and Matanin_AR.pdf | Download PDF

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

The Reconciliation Conference between the Misseriyya Tribes;

the Awlad Hayban and Awlad Serur and al-Metanin

Friday 22 February 2013 to Friday 1 March 2013

Location:

Da’in, Capital of East Darfur

Final Communique

He said, ‘All together hold fast the rope of Allah (Faith of Islam) and be not divided among yourselves.

Remember Allah's favors upon you when you were enemies;

He united your hearts.’ [

Surah Al Imran, Ayah 103]

Great truth of Allah

And said Allah, peace be upon him, that ‘Every Muslim unto another Muslim is forbidden his blood, money and land.’ [

Book 18, Hadith 1570]

Great truth of Allah

Anxious and aware of the spirit of compassion and brotherhood in Islam, the way of peace, security and tranquillity among cousins and brothers, with the blessing of the President of the Republic and his Deputy;

generous care of the Assistant President of the Republic;

great interest from the Ministry of Decentralized Government of South Kordofan State, [in addition to] good arrangements and the generous function by East Darfur state and the people of Da’in.

The conference was held to heal the wounds between our hardworking people, the Awlad Hayban and Awlad Serur.

And all people of Sudan pray to the Almighty to protect our country from all evil, bring tranquillity to all, and inspire our Misseriyya people in South Kordofan steadfastness and standing in the face of aggression and rebellion.

And asking Allah to bestow on the people of the Misseriyya al-Metanin and the Awlad Hayban and the Awlad Serur, the wisdom and devotion of truth and patience.

The Conference was held with the sincere intention and resolute determination of the people of the state of East Darfur to resolve the conflict between the brothers misled by the devil, inspired by the saying:

‘But believers are brothers, and reconcile with your brothers’.

The opening session was honoured by his excellency, Dr. Nafie Ali Nafie, Assistant President of the Republic, and the Minister of Decentralized Government, Hasbu Muhammad Abdelrahman.

A number of ministers, ministers of state, governor of South Kordofan and acting governor of East Darfur, a number of members of the governments of South Kordofan and East Darfur, and dignitaries of the civil administration in South Kordofan and East Darfur, and a party [representing] the people of South Kordofan and East Darfur [met] in the federal capital.

The opening session included a number of words urging the conflicting parties to cooperate, [their] interdependence, and to renounce neurosis and differences and stand together against the targeting of Sudan, which includes the conflicts between the sons of one father.

Procedural Meeting

The procedural session began with the Chairman and member of the al-Ajaweed [People’s Choice] Committee before the two conferences and performance of subcommittees of the three parties.

Then, members of the al-Ajaweed Committee engaged in several sessions that lasted several hours [where they] listened patiently and impartially to the claims of the conflicting parties and statements from [the following]:

witnesses from the State Security Committee and the Federal Investigation Commission;

the Local Custom Committee of South Kordofan;

the Committee of Good Offices;

the Preparatory Committee;

the ‘Committee to Calm the Minds of East Darfur’ [De-escalation Committee of E. Darfur], and the Western Security Sector Committee.

After that, the al-Ajaweed Committee was organised into sub-committees and its’ Members and Chairman deliberated on these testimonies.

The conclusions and observations were discussed, and afterwards, the al-Ajaweed Committee reached the following decisions:

First:

1. The members of Awlad Hayban grant the Awlad Serur and al-Metanin a full pardon.

2. The members of the Awlad Serur and al-Metanin grant the Awlad Hayban a full pardon.

3. A full and complete commitment to implement the decisions from this conference.

4. The parties shall abide by this settlement for the killing, injury and losses among the parties, in accordance with prevailing tribal customs, taking into account the rights of widows and orphans, the elimination of injustice and reparation.

5. The conference affirms that the land belongs to the State and that the tribes have the right to its use on their fronts, and that there are no delimitations of the land within one tribe.

Second:

In regards to Diyah [Blood Money]

1. The al-Ajaweed Committee decides that the rate of diyah is 60 cattle per individual killed.

2. The al-Ajaweed Committee decides those that killed from Awlad Hayban pay death diyah for those killed while burying the dead cattle a number of 120 cattle (beefy cattle) for each individual killed, and they number 61.

3. The diyat are paid according to the years recognized in Misseriyya land and may be evaluated in accordance with an agreement between the parties and the approval of the al-Ajaweed Committee.

(a) Debts to be paid by the Awlad Serur and Metanin to the Awlad Hayban.

75 dead x 60 normal cattle = 4500 cattle

61 dead x 120 beefy cattle = 7320

3 women x 30 cattle = 90

Sum of debt to be paid by the Awlad Serur and Matenin to Awlad Hayban = 11,910 cattle

(Eleven thousand nine hundred and ten heads of cattle)

(b) Debts to be paid by the Awlad Hayban to the Awlad Serur,

13 x 60 regular cattle = 780 cattle

1 women x 30 regular cattle = 30 cattle

Sum of debt to be paid by Awlad Hayban to the Awlad Serur = 810 cattle

(Only eight hundred and ten heads of cattle).

(3)

(c) Debt to be paid by Awlad Hayban to the al-Matenin

43 killed x 60 regular cattle = 2580 cattle

Sum of debt to be paid by Awlad Hayban to the al-Matenin is 2,580 cattle

(Only two thousand five hundred and eighty heads of cattle)

(d) Deaths among other tribes during the events around the city of al-Fulah.

4 killed x 60 regular cattle = 240 cattle

(Only two hundred and forty heads of cattle are to be paid in the first instalment.)

From the committee with the Governor of South Kordofan:

(4) Debts are to be paid in four instalments.

(5) The payment of the first instalment occurs in first three months after the signing of this reconciliation document.

(6) The remaining instalments shall be paid at five-month intervals.

(i) Instalments to be paid by the Awlad Serur and al-Matenin to the Awlad Hayban

01/06/2013, 2978 cattle

01/11/2013, 2978 cattle

01/04/2014, 2977 cattle

01/09/2014, 2977 cattle

(4)

(ii) Instalments to be paid by the Awlad Hayban to the Awlad Serur

01/06/2013, 203 cattle

01/11/2013, 203 cattle

01/04/2014, 202 cattle

01/09/2014, 202 cattle

(iii) Instalments to be paid by the Awlad Hayban to the al-Matenin

01/06/2013, 645 cattle

01/11/2013, 645 cattle

01/04/2014, 645 cattle

01/09/2014, 645 cattle

(7) Ailments are dealt with through the mechanism of implementing the decisions of the conference and after the completion of the remedies, a recovery period and medical reports, according to the customs prevailing in Misseriyya lands

(5)

Third:

Losses

1/ Losses of the Awlad Hayban in the villages of:

Umm Qaloudah – Karniqu – Umm Barid – Kadraka – al-Raq al-Azraq

To deal with this issue, the al-Ajaweed Committee adopted the Federal Investigation Commission report, composed by the Minister of Justice.

The [al-Ajaweed] Committee removed the statements of loss not found in police records or the FIC report.

2/ 50% of total losses were approved according to prevailing custom.

50% of the total losses of the villages:

Umm Qaloudah, 279,170 Guinea, 139,585 Guinea

Karniqu, 595,815 Guinea, 297,907.5 Guinea

Umm Barid, 67,000 Guinea, 33,500 Guinea

Kadraka, 205,585 Guinea, 102,797.5 Guinea

al-Rak al-Azraq 25,265 Guinea, 126,325 Guinea

Totalling 1,370,220 Guinea, 685,110 Guinea

Only six hundred and fifty-five thousand and one hundred and ten Guineas.

(3) The losses shall be paid in lump sum with the first instalment of the debts.

4/ The Government of South Kordofan shall pay the losses of the city of al-Fula according to the approach of the competent committees in this matter.

(6)

Fourth:

arrangement

1. The Awlad Serur and al-Matenin are described as [being] 25km west of Baylah.

2. The Awlad Hayban are described as [being] 25km east of Baylah.

3. The period of arrangement shall be 10 years from March 2013 until the end of February 2023.

Fifth:

Resettlement

(1) Resettlement of al-Matenin and Awlad Serur

Shall begin from the west of al-Fulah to the west of al-Dabalayn passing through Beneem to Abu al-Lakri.

(2) The resettlement of the Awlad Hayban starts from the Malah Dam passing through Filaatiyya and Ilku to Ma’da al-Hajayr.

Village Matrix:

Villages of al-Matenin and Awlad Serur:

Balaylah Village, Bir ‘Umar Village, Naym Village, al-Dabalayn Village

Villages of Awlad Hayban:

Umm Qaloudah Village, al-Faradus Village, Karnaqu Village, Kadarki, Sherba Village, al-Raq al-Azraq Village

Sixth:

Outstanding Penalties

1. One year’s imprisonment for anyone who works to stir up sedition and fuel the spirit of contradiction, and talk about the problems from these rulings, …, [through] statements or writings in the press.

2. Any person who contravenes the decisions of the resettlement shall be fined 50,000 guinea.

3. Any event after this conference shall be deemed to be a lone-standing event in which the perpetrators shall be prosecuted and punished by law.

(7)

Seventh:

Recommendations

1. The conference recommends the urgent implementation of the decisions of the White Conference held in July 2011.

2. The conference recommends the need to address and reconcile the situation of academic students in the faculties of the conflict areas of Babnoush and al-Fulah who were effected by events taking into account the sanctity and nationality of cities.

3. The conference confirms the impartiality of the civil service and calls for respect of its [continued] neutrality, and for addressing the state of workers for state agencies that left the city of al-Fulah due to the events.

4. The conference recommends a re-consideration of the oil compensation policy.

5. The conference recommends that the central and state authorities work to enact appropriate legislation regarding oil compensation for the sake of achieving security and stability in the whole country.

6. The conference recommends the need to find an effective means of reducing weapons proliferation among citizens and to deal with the issue of unlicensed motorcycles, as well as prohibiting the use of military uniforms for non-regular forces.

7. The conference recommends that the government of the state of South Kordofan expedite the establishment of model villages to accommodate those affected by the decisions of resettlement.

8. The conference recommends that the authorities of South Kordofan assist and empower the civil administration of the state, by strengthening their system allowing them to play their full role.

9. The conference recommends the establishment of a mechanism for the implementation and follow-up of the decisions for reconciliation.

(8)

Conclusion

In conclusion, we thank Allah Almighty, his excellency the President and the Vice-Presidents of the Republic, Dr Nafie Ali Nafie, Assistant President of the Republic, the Minister of Decentralization and the Governor of the State of South Kordofan and his brothers who have given this matter all of his attention.

In addition, we thank the brothers from the Security Committee, the Government of South Kordofan and Government of East Darfur, and extend all thanks to the Rizeigat [community], Said Mahmoud Musi Madbu, and the brothers from the Misseriyya tribes and the tribes of South Kordofan.

Thanks most to the brothers and members of the Committee of Good Offices who paved the way for the conference.

Thanks to the brother conciliators and the Chairman and members of the of the [Committee] Reconciliation and Peaceful Coexistence in South Kordofan and brothers in Legislative Council of East Darfur and South Kordofan. [

Thanks to the] brothers in the Ministry of Decentralized Government and delegations from the state of South Darfur and the delegation of Habbanis from the Bram locality.

And to the federal and local media, Radio Sudanese, Sudan TV and the satellite channels, and UNAMID.

We thank the brothers in the Chambers of Commerce of Da’in, the Workers and Trade Union, the Youth, Student’s, Women’s Unions, the Security Services, Police of South Kordofan and East Darfur, popular media (Poets and Hakamas).

We [also] thank the Supreme Committee of the Conference and its assisted committees, and to the community and city of Da’in for the good reception and hospitality.

Thanks to the brothers [acting as] secretaries and drivers and thanks to the chairmen and members of the al-Ajaweed Committee for their patience.

We also thank the Misseriyya (Awlad Hayban – Awlad Serur and al-Matenin) for their keenness for the safety and security of their citizens and their determination to reach this peace.

We ask Allah for their reward.

And permanent thanks to the brothers at the Islamic University of Omdurman – Da’in branch, to generously host the activities of the conference.

We conclude it all with prayers and mercy on the souls for all those that lost dear sons, asking Allah for forgiveness and mercy, and on behalf of the wounded, urgent healing.

And thankfulness before and after Allah Almighty.

([Translator’s note:

parentheses include a prayer])

(9)

In the name of Allah, the beneficent, the merciful.

Document and Charter

We are the negotiators of the Misseriyya tribe of the Matenin, Awlad Hayban, and Awlad Serur.

Signatories to this document are on behalf of our tribes in the name of Allah, the one who did not give birth and is not born, [enact] a new commitment before Allah Almighty and before the Committee of Ajaweed and attend with our consent to all the resolutions and recommendations reached by this conference, that we may adhere to and work on for permanent peace and commitment to any measures required by the implementation of this reconciliation.

As Allah is our witness.

1. Amir, Abd al-Moneim Musi El Shwayn, Amir of Amirs for the al-Matenin

2. Amir Ismail Besharah El Safy, Amir of Amirs for the Awlad Hayban

3. Amir El Tijany Mohamed Ahmed, Amir of Amirs for the Awlad Serur

Witnesses:

Minister of Decentralized Government, Hasbu Muhammad Abd al-Rahman

Acting Governor of East Darfur, Ahmed Kubar Jibril

Governor of South Kordofan, Maulana Ahmed Muhammad Hurun

Chairman of the Good Offices Committee, Dr Abd al-Hamid Musi Kasha

Chairman of the Preparatory Committee, Amir Mukhtar Babu Namr

Chairman of the Legal Department of East Darfur State

Chairman of the Legal Department of South Kordofan State

Vice President of the Republic, Dr al-Haj Adam Yusuf