Kupera County Peace and Reconciliation Communique

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Kupera County Peace and Reconciliation Communique
Date: 21 Mar 2019
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: The community and government of Kupera county represented by chiefs, elders and government representatives. Signed by:

Ismail Taban Kango - Paramount Chief Kupera County
James Ila Charles - Head Chief of Wuji "B" Court
Luka Lasu Philmona - Head Chief of Mundu "B" Court
Thomas Nyobulo - Head Chief Kupera "B" Court
Charles Tabu Dema - Head Chief Korobe "B" Court
Mikaya Wani - Head Chief Koyoki "B" Court
Tito lomude Manase - Head Chief Dongoro "B" Court
S.Charles Tabu Dema,
Mikaya Wani, Head
Tito lomude Manase, Head
Third parties: Witnessed by:

Arch Bishop Elias Taban Parangi - Evangelical Presbyterian Church and Head of EPC Peace Desk, Yei River State
Description: A short community reconciliation agreement which attempts to resolve ongoing conflict and community disputes in the local area. Within broader ongoing reconciliation efforts, the agreement provides for setting up further dialogues, security reform and freedom of worship. The local state government also commits to engage with partners to provide agricultural resources and training of community leaders in policing and capacity building.

Agreement document: SS_190321_Kupera County Peace and Reconciliation Communique.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
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): Page 1, 4. Freedom of worship be allowed in Kupera County
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, 6. Government to engage partners in training of community leaders and community policing (capacity building)
Traditional/religious leaders: Page 1, 6.Government to engage partners in training of community leaders and community policing (capacity building)
Public administration: No specific mention.
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: 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→Thought, opinion, conscience and religion
Page 1, 4. Freedom of worship be allowed in Kupera County
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: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, 5. Government to engage partners in provisions of agricultural tools like tractors, hoes and seeds
National economic plan: No specific mention.
Natural resources: Page 1, 5. Government to engage partners in provisions of agricultural tools like tractors, hoes and seeds
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→Promotion
Page 1, 4. Freedom of worship be allowed in Kupera County
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, 3. Government to establish a stable security in Kupera County
Ceasefire: No specific mention.
Police: Page 1, 6. Government to engage partners in training of community leaders and community policing (capacity building)
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→Symbolic reparations
Page 2, Mary Tumalu - Chair Lady, Kupera County, statement, ... also encouraged participants to speak the truth and to open hearts for forgiveness
Reconciliation: Page 1, 1. Peace and reconciliation conference be held in Kupera led by EPC Peace Desk in partnership with ECSS Mundu Diocese and other churches that bring all the people of Kupera together;
2.A reconciliation and healing conference be held that bring the counties of Lainya, Kupera and Mukaya together led by the respective commissioners;

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: On file with PI

Kupera Community chairman Mr. Edward Lubert.

Mr Lubert expressed anger and frustration with his people who were against him and the commissioner's move to Kupera and outlined the following points:

The lost of his 60 cows that were destroyed during the conflict and the destructions of his business entities.

That people of Kupera have no identity and are not straight forward.

Adding that he cannot be identified as a Pojulu and that the question of Kupera identity need to be addressed.

Kupera County Peace and Reconciliation communiqué

The people and government of Kupera County represented by the Paramount Chief, chiefs, elders, government representatives, community leaders gathered at the Evangelical Presbyterian Church (EPC) premises in Yei on March 19th to 21 st 2019 at the invitation of Hon.

Emmanuel Khamis Richard, Commissioner of Kupera County under the guidance ofArch — Bishop Elias Taban Parangi to attend a peace and reconciliation conference.

After two (2) days of deliberations, the conference resolved that:

1. Peace and reconciliation conference be held in Kupera led by EPC Peace Desk in partnership with ECSS Mundu Diocese and other churches that bring all the people of Kupera together;

2. A reconciliation and healing conference be held that bring the counties of Lainya, Kupera and Mukaya together led by the respective commissioners;

3. Government to establish a stable security in Kupera County

4. Freedom of worship be allowed in Kupera County

5. Government to engage partners in provisions of agricultural tools like tractors, hoes and seeds

6. Government to engage partners in training of community leaders and community policing (capacity building)

Signed by:

Ismail Taban Kango - Paramount Chief Kupera County

James Ila Charles - Head Chief of Wuji "B" Court

Luka Lasu Philmona - Head Chief of Mundu "B" Court

Thomas Nyobulo - Head Chief Kupera "B" Court

Charles Tabu Dema - Head Chief Korobe "B" Court

Mikaya Wani - Head Chief Koyoki "B" Court

Tito lomude Manase - Head Chief Dongoro "B" Court

S.Charles Tabu Dema,

Mikaya Wani, Head

Tito lomude Manase, Head

Witnessed by:

Arch Bishop Elias Taban Parangi - Evangelical Presbyterian Church and Head of EPC Peace Desk, Yei River Stat

Mary Tumalu - Chair Lady, Kupera County

Tumalu expressed happiness and called on the participants to give a round of applause as a sign ofthanks to Arch Bishop Elias Taban for all the support and for organizing the peace and reconciliation conference.

Tumalu also encouraged participants to speak the truth and to open hearts for forgiveness.

And finally, Tumalu attributed the survivors of the elders ofKupera with the help of Hon.

Emmanuel Khamis Richard, the Commissioner of Kupera.

Lastly, Tumalu thanked the ENAF team for abandoning rebellion and choosing peace, and then asked for forgiveness from God and the ENAF representatives.