Recommendations of the Terekeka Peace Conference

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Recommendations of the Terekeka Peace Conference
Date: 30 May 2014
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: Terekeka, Awerial and Bor Counties
Third parties: -
Description: Short agreement regarding conflicts as a result of land disputes and cattle rustling between three communities. Agreement institutes regulations in attempting to deal with the rustling as well as extends some rights to individuals.

Agreement document: SS_140530_Recommendations of the Terekeka Peace Conference.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 2, ... 9. All the community members in these three Counties should denounce child marriage and promote education to all children
Groups→Children/youth→Other
Page 2-3, ... 11. Cattle camps that resist search in the event of cattle theft shall be considered as suspects and the camp chiefs and youth leaders held responsible until proven innocent by the Boma or Payam authorities. All the cattle camp chiefs and youth leaders are to abide by the recommendations of the conference.

Page 3, ... 12. The same peace conference specifically for women be held to empower the women to pick up with the responsibility of bringing up youth to be good leaders and, social and economic workforce
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Anti-discrimination
Page 2, ... 8. Inorder to promote peaceful coexistence between the three communities the conference recommended that any member of the communities in the three Counties when found committing any crime in any of the County should be treated fairly without favor and discrimination regardless of his/her ethnic background.
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: Page 3, ... 12. The same peace conference specifically for women be held to empower the women to pick up with the responsibility of bringing up youth to be good leaders and, social and economic workforce
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: [Summary] Peace conference held at Episcopal Church of the Sudan, Diocese of Terekeka, among other locations.

Page 2, ... 3. All cattle or animal intended for social gatherings and are to be slaughtered for the purposes of the gathering shall made aware to the headman who shall consider and approve the use and inform the Boma Chief of the event.

Page 3, ... 14. The Chiefs, Executive Directors or such person delegated by him/her and the Commissioners should increase the level of cooperation and coordination in order to detect and deter incidences of conflicts between the three communities.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→Other
Sub-state level
Page 2, ... 4. A Cross County Border Tribunal to be established consisting of five members from each of the three Counties to resolve any arising issues that is against these recommendations and brief the three Commissioners and Governors, and the President on the any progress made between the three communities.  

5. The Cross County Border Tribunal shall ensure that all dangerous weapons in
the hand of the civil population of the three Counties and that of the other Counties in South Sudan are removed and any unauthorized persons disarmed
immediately in order to build a permanent peace in South Sudan.
Territorial power sharing: Power sharing→Territorial power sharing→Local/municipal government
Page 2, 6. The State and National Governments should empower the Local Government Structures with provision of Law Enforcement Agencies that shall support the Bomas, Payam and Counties in execution of legal statuary and customary justice. More development initiative and fund be established to create job opportunities for especially the youth who are used and engaged in conflicts.
Power sharing→Territorial power sharing→Other
Page 2, ... 4. A Cross County Border Tribunal to be established consisting of five members from each of the three Counties to resolve any arising issues that is against these recommendations and brief the three Commissioners and Governors, and the President on the any progress made between the three communities.
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: Human rights and equality→Civil and political rights→Equality
Page 2, ... 8. Inorder to promote peaceful coexistence between the three communities the conference recommended that any member of the communities in the three Counties when found committing any crime in any of the County should be treated fairly without favor and discrimination regardless of his/her ethnic background.
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: Page 1, 1. All cattle movements within each individual County or outside the respective individual County shall be regulated and issued relevant documents from a recognized Boma, Payam and County authority that will indicate the original initiation of the movement right from the headman, description of the colour(s) of such an animal, location where the cattle (animal) is destined, time of the movement and the purpose at which the cattle (animal) is intended for the movement.
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: Justice sector reform→Criminal justice and emergency law→Reform to specific laws
Page 1-2, 2. Unless or otherwise the cattle or animals are compelled into movement caused by threat that puts the cattle or animals at risk beyond control, any cattle or animal found on movement outside the indigenous area of inhabitation, such cattle or animal shall be deemed stolen and shall be reported to the relevant authority for investigation and possible legal process in accordance with this recommendations and shall ensure that.
. 2... a) Any cattle proved to have been stolen shall be recovered and the person proved guilty of stealing shall be charge to pay five animals in addition to the recovered one and sentenced to six months in jail without bail.
. b) Any member of the community found in breach of the above recommendations with or without consent for the interest of the accused or acting on his/her own shall be penalized in accordance with (a) above.  

Page 2, ... 7. While considering forgetting and forgiving what happened in the past between the three communities, the participants of the peace conference have recommended legal proceedings without any preconditions for person found guilty of killing or committing such a crime that causes death and such a person shall face the court of law for justice to prevail

Page 2-3, ... 11. Cattle camps that resist search in the event of cattle theft shall be considered as suspects and the camp chiefs and youth leaders held responsible until proven innocent by the Boma or Payam authorities. All the cattle camp chiefs and youth leaders are to abide by the recommendations of the conference.
Justice sector reform→Criminal justice and emergency law→Criminal Justice System reform
Page 2, ... 4. A Cross County Border Tribunal to be established consisting of five members from each of the three Counties to resolve any arising issues that is against these recommendations and brief the three Commissioners and Governors, and the President on the any progress made between the three communities.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: Page 2, ... 6. The State and National Governments should empower the Local Government Structures with provision of Law Enforcement Agencies that shall support the Bomas, Payam and Counties in execution of legal statuary and customary justice. More development initiative and fund be established to create job opportunities for especially the youth who are used and engaged in conflicts.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: Page 1, 1. All cattle movements within each individual County or outside the respective individual County shall be regulated and issued relevant documents from a recognized Boma, Payam and County authority that will indicate the original initiation of the movement right from the headman, description of the colour(s) of such an animal, location where the cattle (animal) is destined, time of the movement and the purpose at which the cattle (animal) is intended for the movement.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Other land rights
Page 2, ... 10. [Summary] mentions that farmers should protect land. See environment.
Pastoralist/nomadism rights: Page 1, 1. All cattle movements within each individual County or outside the respective individual County shall be regulated and issued relevant documents from a recognized Boma, Payam and County authority that will indicate the original initiation of the movement right from the headman, description of the colour(s) of such an animal, location where the cattle (animal) is destined, time of the movement and the purpose at which the cattle (animal) is intended for the movement.  
Page 1-2, 2. Unless or otherwise the cattle or animals are compelled into movement caused by threat that puts the cattle or animals at risk beyond control, any cattle or animal found on movement outside the indigenous area of inhabitation, such cattle or animal shall be deemed stolen and shall be reported to the relevant authority for investigation and possible legal process in accordance with this recommendations and shall ensure that.
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
Page 3, ... 13. All heritage sites shall be respected in accordance with the Local Government and Land Acts, 2009. No body from anywhere who has no historical background of a place has any right to name any place within the areas of the three communities unless approved by government legislation.
Land, property and environment→Cultural heritage→Other
Page 2, .. 3. All cattle or animal intended for social gatherings and are to be slaughtered for the purposes of the gathering shall made aware to the headman who shall consider and approve the use and inform the Boma Chief of the event.
Environment: Page 2, ... 10. All cattle or animal keepers should protect agriculture lands and farms to reduce the threat of food insecurity.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: Page 2, ... 6. The State and National Governments should empower the Local Government Structures with provision of Law Enforcement Agencies that shall support the Bomas, Payam and Counties in execution of legal statuary and customary justice. More development initiative and fund be established to create job opportunities for especially the youth who are used and engaged in conflicts.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 2, ... 5. The Cross County Border Tribunal shall ensure that all dangerous weapons in the hand of the civil population of the three Counties and that of the other Counties in South Sudan are removed and any unauthorized persons disarmed immediately in order to build a permanent peace in South Sudan.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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: Page 2, ... 7. While considering forgetting and forgiving what happened in the past between the three communities, the participants of the peace conference have recommended legal proceedings without any preconditions for person found guilty of killing or committing such a crime that causes death and such a person shall face the court of law for justice to prevail
Amnesty/pardon: No specific mention.
Courts: Transitional justice→Courts→National courts
Page 2, ... 7. While considering forgetting and forgiving what happened in the past between the three communities, the participants of the peace conference have recommended legal proceedings without any preconditions for person found guilty of killing or committing such a crime that causes death and such a person shall face the court of law for justice to prevail
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: 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: Aggrey Cyrus Kanyikwa, SOS Sahel South Sudan, TEREKEKA PEACE CONFERENCE
ORGANIZED BY SOS SAHEL SOUTH SUDAN IN PARTNERSHIP WITH TEREKEKA COUNTY AUTHORITY, Final Report, MAY 29 – 30, 2014, page 19-21, accessed 1 August 2016, http://www.sahel.org.uk/documents/SOSSahelSouthSudanTerekekaPeaceConferenceMay2014.pdf

Recommendations of the Terekeka Peace Conference

Cattle theft became an outstanding issue throughout the deliberations of the conference.

The second contentious issue was the movement of cattle from one location to another making it difficult to distinguish between normal grazing cattle with those that are stolen, at the same time many disputes are associated with cattle movements including grazing land and destruction of farms blamed on cattle camp chiefs and youth leaders.

References were made to the resolutions that might have been reached in the conference held earlier between Terekeka and Awerial communities organized by CEPO.

That there were also informal contacts with Bor community to adopt the same but there was little sign of acceptance from the Bor side as they were not part of that conference.

However the participants agreed and unanimously adopted that resolution but were reserved on the procedures to execute the resolution calling for approval from the three County Commissioners and their two Governors.

It is over three decades now since the bitter war between SPLM/A and SAF erupted and this conference was the first of its kind after independence of South Sudan for the communities of Terekeka, Awerial and Bor County to converge together in a peace conference held in the Episcopal Church of the Sudan, Diocese of Terekeka, Terekeka County HQs.

In accordance with the provisions of the Local Government Act Section 12(7) and Section 128, neighboring Local Government Councils have responsibility of creating peaceful coexistence, maintenance of peace and security and rule of law.

Based on this understanding the communities of the three Counties agreed to hold a peace conference to enhance peaceful coexistence and use of the natural resources.

The participants of the conference having met in Terekeka County between May 29 – 30, 2014, deliberated exhaustively and recommended that:

1. All cattle movements within each individual County or outside the respective individual County shall be regulated and issued relevant documents from a recognized Boma, Payam and County authority that will indicate the original initiation of the movement right from the headman, description of the colour(s) of such an animal, location where the cattle (animal) is destined, time of the movement and the purpose at which the cattle (animal) is intended for the movement.

2. Unless or otherwise the cattle or animals are compelled into movement caused by threat that puts the cattle or animals at risk beyond control, any cattle or animal found on movement outside the indigenous area of inhabitation, such cattle or animal shall be deemed stolen and shall be reported to the relevant authority for investigation and possible legal process in accordance with this recommendations and shall ensure that.

. a) Any cattle proved to have been stolen shall be recovered and the person proved guilty of stealing shall be charge to pay five animals in addition to the recovered one and sentenced to six months in jail without bail.

. b) Any member of the community found in breach of the above recommendations with or without consent for the interest of the accused or acting on his/her own shall be penalized in accordance with (a) above.

3. All cattle or animal intended for social gatherings and are to be slaughtered for the purposes of the gathering shall made aware to the headman who shall consider and approve the use and inform the Boma Chief of the event.

4. A Cross County Border Tribunal to be established consisting of five members from each of the three Counties to resolve any arising issues that is against these recommendations and brief the three Commissioners and Governors, and the President on the any progress made between the three communities.

5. The Cross County Border Tribunal shall ensure that all dangerous weapons in the hand of the civil population of the three Counties and that of the other Counties in South Sudan are removed and any unauthorized persons disarmed immediately in order to build a permanent peace in South Sudan.

6. The State and National Governments should empower the Local Government Structures with provision of Law Enforcement Agencies that shall support the Bomas, Payam and Counties in execution of legal statuary and customary justice.

More development initiative and fund be established to create job opportunities for especially the youth who are used and engaged in conflicts.

7. While considering forgetting and forgiving what happened in the past between the three communities, the participants of the peace conference have recommended legal proceedings without any preconditions for person found guilty of killing or committing such a crime that causes death and such a person shall face the court of law for justice to prevail/

8. Inorder to promote peaceful coexistence between the three communities the conference recommended that any member of the communities in the three Counties when found committing any crime in any of the County should be treated fairly without favor and discrimination regardless of his/her ethnic background.

9. All the community members in these three Counties should denounce child marriage and promote education to all children

10. All cattle or animal keepers should protect agriculture lands and farms to reduce the threat of food insecurity.

11. Cattle camps that resist search in the event of cattle theft shall be considered as suspects and the camp chiefs and youth leaders held responsible until proven innocent by the Boma or Payam authorities.

All the cattle camp chiefs and youth leaders are to abide by the recommendations of the conference.

12. The same peace conference specifically for women be held to empower the women to pick up with the responsibility of bringing up youth to be good leaders and, social and economic workforce

13. All heritage sites shall be respected in accordance with the Local Government

and Land Acts, 2009.

No body from anywhere who has no historical background of a place has any right to name any place within the areas of the three communities unless approved by government legislation.

14. The Chiefs, Executive Directors or such person delegated by him/her and the Commissioners should increase the level of cooperation and coordination in order to detect and deter incidences of conflicts between the three communities.

15. All the three County authorities should develop legislations that shall foster and build a sustainable peace and development.

Recommendations of the Terekeka 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