Agreement on Cessation of Hostilities between the Youth of Dinka Bor and Murle Communities

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Agreement on Cessation of Hostilities between the Youth of Dinka Bor and Murle Communities
Date: 23 May 2017
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: Ceasefire/related
Conflict nature: Inter-group
Peace process: South Sudan: Post-secession Local agreements
Parties: Hon. Sultan Ismail Konyi, Governor of Boma
Hon. Philip AguerPangyan, State Governor of Jonglei State
Third parties: Hon. Chuol Rambang, Chairperson of the South Sudan Peace and Reconciliation Commission
Hon. Michael Chiangjiek, Minister of Interior
Hon Tuk Gatluak, Presidential Adviser on Security Affairs
H.E David Shearer, Special Representative of the Secretary General of the United Nations
Description: This agreement commits the Dinka Bor and Murle communities to cease hostilities and create a committee to ensure compliance.

Agreement document: SS_170523_Agreement on cessation of hostilities between the youth of Dinka Bor and Murle Communities.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 1,
Article III Composition and Mandate of the Committee
1. The committee on cessation of hostilities shall be composed of:
…
g. Fourteen (14) youth leaders each from Dinka-Bor and Murie communities;

…
2. The Committee shall ensure:

b. Withdrawal of youth to their respective states;
d. Immediate stopping of child and women abduction, killing of innocent people and cattle rustling;
e. Collection and return of abducted children and women within one month

Page 2,
Article IV Peace Conference
The two fighting communities have agreed to convene, within a month from the date of signing this agreement, a peace conference to resolve the issues of cattle rustling, child abduction, killing of innocent people and any other matters pertaining to peaceful co-existence.

Page 2, Article V The Return of Abducted Women, Children and Cattle
The warring communities have agreed to collect the abducted, women, children and cattle and hand them over to the National High-Level Commission which shall, in turn, handover the same to their original community of belonging. The TGoNU shall for an investigation committee to investigate into the conflict between Dinka Bor and Murie communities.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Substantive
Summary: The entire agreement is between two ethnic tribes: Dinka Bor and Murle Communities

Selected provisions include:

Page 2,
Article V The Return of Abducted Women, Children and Cattle
The warring communities have agreed to collect the abducted, women, children and cattle and hand them over to the National High-Level Commission which shall, in turn, handover the same to their original community of belonging. The TGoNU shall for an investigation committee to investigate into the conflict between Dinka Bor and Murie communities.

Page 2,
Article VII Monitoring and Verification Mechanisms
The National High-Level Committee shall establish a Monitoring and Verification Mechanism that shall be based in Bor, Pibor and other areas to be agreed upon. Any party that violates the agreement shall face serious consequences including punitive measures by the TGoNU.

Page 2,
Article VIII Facilitation of the Peace Process
The peace process between Dinka Bor and Murle communities shall be facilitated and supported by the Transitional Government of National Unity (TGoNU), Governments of the two states (Jonglei and Boma), UN and Partners
Religious groups: Groups→Religious groups→Substantive
Page 1,
Article III Composition and Mandate of the Committee
1. The committee on cessation of hostilities shall be composed of:
…
i. One Church leader from each community;
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 1,
Article III Composition and Mandate of the Committee
1. The committee on cessation of hostilities shall be composed of:
…
h. Three women leaders from each community;

Page 2,
Article III Composition and Mandate of the Committee
2. The Committee shall ensure:
a. Immediately cessation of hostilities;
e. Collection and return of abducted children and women within one month

Page 2,
Article V The Return of Abducted Women, Children and Cattle
The warring communities have agreed to collect the abducted, women, children and cattle and hand them over to the National High-Level Commission which shall, in turn, handover the same to their original community of belonging. The TGoNU shall for an investigation committee to investigate into the conflict between Dinka Bor and Murie communities.
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,
Article III Composition and Mandate of the Committee
1. The committee on cessation of hostilities shall be composed of:
…
f. Three chiefs of their designates in the two states;
g. Fourteen (14) youth leaders each from Dinka-Bor and Murie communities;
h. Three women leaders from each community;
i. One Church leader from each community;
j. Three community elders from each community
Traditional/religious leaders: Page 1,
Article III Composition and Mandate of the Committee

1. The committee on cessation of hostilities shall be composed of:
…
f. Three chiefs of their designates in the two states;
j. Three community elders from each community
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→Other proportionality
Sub-state level
Pages 1-2,
Article III Composition and Mandate of the Committee
1. The committee on cessation of hostilities shall be composed of:
a. Ministers of local government and law enforcement in both Boma and Janglei States or their delegates;
b. Representatives of Legal administration in both Boma and Jonglei States;
c. Three (3) members of the State Legislative Assemblies;
d. Three (3) Country Commissioners in the two states of their designates;
e. Chairpersons of the State Peace Commissions;
f. Three chiefs of their designates in the two states;
g. Fourteen (14) youth leaders each from Dinka-Bor and Murie communities;
h. Three women leaders from each community;
i. One Church leader from each community;
j. Three community elders from each community
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: Page 2,
Article VI Opening of Roads
To ease the delivery of humanitarian assistance and commercial activities, the two communities have agreement to immediately open the following roads:
a. Jub-Bor-Pibor Road;
b. Juba-Pibor Road
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: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

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 2,
Article VI Opening of Roads
To ease the delivery of humanitarian assistance and commercial activities, the two communities have agreement to immediately open the following roads:
a. Jub-Bor-Pibor Road;
b. Juba-Pibor Road
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: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Pages 1-2,

Article I Objectives of the Agreement
The objectives of this agreement is to commit and obligate the two communities to immediately cease hostilities and create conducive atmosphere to a comprehensive and inclusive dialogue.

Article II Formation of Committee on Cessation of Hostilities
The two warring communities have agreed to form a committee on the cessation of hostilities

Article III Composition and Mandate of the Committee
1. The committee on cessation of hostilities shall be composed of:
a. Ministers of local government and law enforcement in both Boma and Janglei States or their delegates;
b. Representatives of Legal administration in both Boma and Jonglei States;
c. Three (3) members of the State Legislative Assemblies;
d. Three (3) Country Commissioners in the two states of their designates;
e. Chairpersons of the State Peace Commissions;
f. Three chiefs of their designates in the two states;
g. Fourteen (14) youth leaders each from Dinka-Bor and Murie communities;
h. Three women leaders from each community;
i. One Church leader from each community;
j. Three community elders from each community
2. The Committee shall ensure:
a. Immediately cessation of hostilities;
b. Withdrawal of youth to their respective states;
c. Creation of a buffer zone between the two communities;
d. Immediate stopping of child and women abduction, killing of innocent people and cattle rustling;
e. Collection and return of abducted children and women within one month;
f. Collection and return of raided cattle within one month.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
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: 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: Transitional justice→Reparations→Material reparations
Page 2,
Article III Composition and Mandate of the Committee
2. The Committee shall ensure:
…
f. Collection and return of raided cattle within one month.
Reconciliation: No specific mention.

Implementation

UN signatory: H.E David Shearer, Special Representative of the Secretary General of the United Nations
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2,
Article VII Monitoring and Verification Mechanisms
The National High-Level Committee shall establish a Monitoring and Verification Mechanism that shall be based in Bor, Pibor and other areas to be agreed upon. Any party that violates the agreement shall face serious consequences including punitive measures by the TGoNU.

Page 2,
Article VIII Facilitation of the Peace Process
The peace process between Dinka Bor and Murle communities shall be facilitated and supported by the Transitional Government of National Unity (TGoNU), Governments of the two states (Jonglei and Boma), UN and Partners
Related cases: No specific mention.
Source: On file with author. Also available at: MinBane Blog (2017) South Sudan: Agreement on Cessation of Hostilities between the Youth of Dinka Bor and Murle Communities (23.05.2017). https://minbane.wordpress.com/2017/05/23/httpwp-mep1xtjg-4mq-2/ (Last Accessed 14 October 2020).

AGREEMENT ON CESSATION OF HOSTILITIES BETWEEN THE YOUTH OF DINKA BOR AND MURLE COMMUNITIES

In appreciation of the efforts made by the President of the Republic of South Sudan, H.E. Gen Salva Kiir Mayardit and the High-Level Committee, led by H.E. the first Vice Pioresident.

Gen. Tabang Deng Gai and his delegation, to restore peace in the Greater Jonglei area.

Applaud and appreciate the South Sudan Peace and Reconciliation Commission for facilitating the peace process between Dinka Bor and Murie,

The two communities have agreed as follows:

Article I

Objectives of the Agreement

The objectives of this agreement is to commit and obligate the two communities to immediately cease hostilities and create conducive atmosphere to a comprehensive and inclusive dialogue.

Article II

Formation of Committee on Cessation of Hostilities

The two waring communities have agreed to form a committee on the cessation of hostilities

Article III

Composition and Mandate of the Committee

The committee on cessation of hostilities shall be composed of:

Ministers of local government and law enforcement in both Boma and Janglei States or their delegates;

Representatives of Legal administration in both Boma and Jonglei States;

Three (3) members of the State Legislative Assemblies;

Three (3) Country Commissioners in the two states of their designates;

Chairpersons of the State Peace Commissions;

Three chiefs of their designates in the two states;

Fourteen (14) youth leaders each from Dinka-Bor and Murie communities;

Three women leaders from each community;

One Church leader from each community;

Three community elders from each community

The Committee shall ensure:

Immediately cessation of hostilities;

Withdrawal of youth to their respective states;

Creation of a buffer zone between the two communities;

Immediate stopping of child and women abduction, killing of innocent people and cattle rustling;

Collection and return of abducted children and women within one month;

Collection and return of raided cattle within one month.

Article IV

Peace Conference

The two fighting communities have agreed to convene, within a month from the date of signing this agreement, a peace conference to resolve the issues of cattle rustling, child abduction, killing of innocent people and any other matters pertaining to peaceful co-existence.

Article V

The Return of Abducted Women, Children and Cattle

The warring communities have agreed to collect the abducted, women, children and cattle and hand them over to the National High-Level Commission which shall, in turn, handover the same to their original community of belonging.

The TGoNU shall for an investigation committee to investigate into the conflict between Dinka Bor and Murie communities.

Article VI

Opening of Roads

To ease the delivery of humanitarian assistance and commercial activities, the two communities have agreement to immediately open the following roads:

Jub-Bor-Pibor Road;

Juba-Pibor Road

Article VII

Monitoring and Verification Mechanisms

The National High-Level Committee shall establish a Monitoring and Verification Mechanism that shall be based in Bor, Pibor and other areas to be agreed upon.

Any party that violates the agreement shall face serious consequences including punitive measures by the TGoNU.

Article VIII

Facilitation of the Peace Process

The peace process between Dinka Bor and Murle communities shall be facilitated and supported by the Transitional Government of National Unity (TGoNU), Governments of the two states (Jonglei and Boma), UN and Partners

In witness whereof the undersigned representatives duly authorised by their respective communities have signed this agreement in English Language.

Done at Juba on this day of 23rf of May 2017

For Boma State For Jonglei State

Hon. Sultan Ismail Konyi Hon.

Philip AguerPangyan

Governor of Boma State Governor of Jonglei State

WITNESS

Hon. Chuol Rambang

Chairperson of the South Sudan Peace and Reconciliation Commission

Hon. Michael Chiangjiek

Minister of Interior

Hon Tuk Gatluak

Presidential Adviser on Security Affairs

H.E David Shearer

Special Representative of the Secretary General of the United Nations