Country/entity

South Sudan

Region

Africa (excl MENA)

Agreement name

1st Review of the Marial Bai Agreement on Cattle Seasonal Movement, Wau State

Date

1 Nov 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.

Close

Sudan Conflicts (1955 - )

Stage

Implementation/renegotiation

Conflict nature

Inter-group

Peace process

South Sudan post-secession process

Parties

• William Bak Uloro (Signatory) – Kangi County
• John Utho Achom (Witness) – Kangi County
• Elario Ucuir Uyu (Signatory) – Roc Roc Don County
• James Aguer Ken (Witness) – Roc Roc Don County
• Peter Akuar Auger (Signatory) – Udici County
• Bernarto Uyak Uchen (Witness) – Udici County
• Nyiyuo Awet Nyiyuo (Signatory) – Kujaena County
• Elario Den Aken (Witness) - Kujaena County
• Peter Monylet Deng (Signatory) – Wau Municipality County
• Daniel Masimno Juya (Witness) - Wau Municipality County
• Lual Aleu Mabuon (Signatory) – Marial Bai County
• Bol Majok Ngor Dut (Witness) - Marial Bai County
• William Kamilo Mboro (Signatory) – Bessillia County
• Raphael Daniel Mande (Witness) - Bessillia County
• Natale Augustino Zalan (Signatory) – Baggari County
• Elias Andrea Ujang (Witness) - Baggari County
• Gabriel Unango Uguen (Signatory) – Kpaile County
• Paul Kamilo Dufan (Witness) - Kpaile County
• Adhal Kot Kon (Signatory) – Alur County
• Uchalla Dhal Nyabang (Witness) - Alur County
• Athain Akuei Athain (Signatory) - Wau Bai County
• Mawein Wol Lony (Witness) - Wau Bai County
• Jamus Wol Achuil (Signatory) – Alel Thony
• Isarbino Amet Makuac (Witness) - Alel Thony
• Arou Kon Arou (Signatory) - Man Alor County
• Alphonsio Mawein Arou (Witness) - Man Alor County
• Aru Athian Aru (Signatory) - Tonj County
• Marko Mabior Ajiec (Witness) - Tonj County
• Ayii Agiu Kuot (Signatory) – Warra County
• Kieu Athian Manoi (Witness) - Warra County
• Mathuc Madut Mawein (Signatory) – Pagol County
• Marko Mabior Ajiec (Witness) - Pagol County
• Cikom Ayiei Cikom (Signatory) – Yar County
• Marko Mabior Ajiec (Witness) – Yar County
• Parum Malek Akuien (Signatory) - Thiet County
• Akot Mathiang Deng (Witness) - Thiet County
• Kur Malek Mathok (Signatory) – Jak County
• Marko Mabior Niec (Witness) – Jak County
• Mawein Mayol Mawein (Signatory) – Kirik County
• John Maker Lon (Witness) - Kirik County
• Abraham Nyok Madut (Signatory) - Kuac South County
• Chol Yuot Chol (Witness) - Kuac South County
• Deng Ajiek Agoth (Signatory) - Kuac North County
• David Ayok Akook (Witness) - Kuac North County
• James Kuc Baak (Signatory) - Aguok South County
• Joseph Manut Yel (Witness) - Aguok South County
• Wek Deng Ariech (Signatory) - Kuac West County
• Malueth Mayen Wol (Witness) - Kuac West County
• Madut Teng Agany (Signatory) - Buoyar County
• Madut Adup Majok (Witness) - Buoyar County

Third parties

Sam Muhumure, UNMISS, Head of Field Office, Wau

Orasio Opiyo, PRWG, Coordinator

Ariech Deng Ariech, TOCH Representative

Thiep Mayuot Deng, NRC Representative

John Lupo Ucin, Malteser Int. Representative

Description

In this agreement, representatives of various farming and cattle-breeding communities, engage in a planned review of the previous agreement on managing seasonal cattle movements. The disputes over land and transhumance routes were the source of violence, and this agreement aims to prevent disputes from becoming violent by organising a Dispute Resolution Committee, a Monitoring Committee, and an Interstate Coordinating Committee on Cattle Seasonal Movement. The agreement also sets procedures and compensation for any damage caused to farmers or cattle owners.

Agreement document

SS_191101_Review Marial Bai Agreement.pdf (opens in new tab) | Download PDF

Groups

Children/youth

Groups→Children/youth→Other

Page 6:
RESOLUTION 9

Determination of damage

At the beginning of the cattle seasonal movement every Boma or Payam will form a committee consisting of (1) Chief, (1) Majokwuot, (1) Woman, (1) Farmer, (1) Ministry of Agriculture, (1) Veterinary Officer, (1) youth representative, (1) police and (1) administrator. This committee will meet immediately when damages are reported.

The committee is responsible to:

1.    Identify the culprit(s)

2.    Determine the amount of damage and to

3.    Collect the compensation from the Majokwuot or the farmer

In case the decision is not in accordance with the resolutions of this agreement, an appeal can be made.

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

Page 6:
RESOLUTION 9

Determination of damage

At the beginning of the cattle seasonal movement every Boma or Payam will form a committee consisting of (1) Chief, (1) Majokwuot, (1) Woman, (1) Farmer, (1) Ministry of Agriculture, (1) Veterinary Officer, (1) youth representative, (1) police and (1) administrator. This committee will meet immediately when damages are reported.

The committee is responsible to:

1.    Identify the culprit(s)

2.    Determine the amount of damage and to

3.    Collect the compensation from the Majokwuot or the farmer

In case the decision is not in accordance with the resolutions of this agreement, an appeal can be made.

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

No specific mention.

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

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:
RESOLUTION 2

Arrival time

1.    All cattle movement in cultivation land in Wau State shall be in January every year and return from the farming areas to Gogrial and Tonj States, or other locations outside the farming areas, as the rainy season starts in April or May.

2.    In the event that water and grass are not available before January, the concerned Chief in Gogrial or Tonj will negotiate early arrival with the chief of the concerned area in Wau State following the pre-cattle seasonal movement procedures as prescribed in resolution 4 of this agreement.

3.    Cattle camps to arrive early in Wau State without a negotiated early arrival time will be told to go back home by the chiefs and the authorities in the three states.

RESOLUTION 3

Movement related to cattle auctions
When asked, traders must be able to show cattle movement permits from their counties of origin to prove that the movement of the cows is for auction. If they can prove that, they will be exempt from complying with resolution 2. All other resolutions apply to the movement related to cattle auctions.

RESOLUTION 4

Pre-cattle seasonal movement procedures and letter

All Majokwuot who plan to move with their cattle to Wau State must, before they move, obtain a letter of permission from the Boma Chief of the area of origin of the Majokwuot.

The permission letter shall contain at least the following information: 

1.    Name of the Majokwuot

2.    Name of Boma/Payam of origin of the Majokwuot

3.    Name of the Boma Chief/Paramount Chief

4.    The intended destination in Wau State

Before moving with the cattle, the Majokwuot will always:

1.    Visit the Boma Chief of their intended destination in Wau State who will organize a meeting with other community leaders

2.    Present the letter of permission to the Boma Chief of the intended destination in Wau State

3.    Agree with the Boma Chief (or the person designated by the Boma Chief in former Jur River County area) of the intended destination on seasonal settlement of the camp, far away from residential and cultivation areas

4.    Upon agreement, the Majokwuot will go back and collect the cattle to return to the area where he reached agreement with the Boma Chief and other community leaders

5.    Majokwuot shall be received by Chief in the Boma on their arrival with the cattle camps for a welcome ceremony; before their departure in April or May, a farewell ceremony will be held

Page 3:
RESOLUTION 5

'Local cows' in Wau State

Cattle that are owned by the citizens of Wau State are subject to the rules of cattle seasonal movement formulated in this and subsequent Conference Agreements.

Destruction of farms/farmland by cows of local owners as well as of military personnel should be reported to the chiefs of the area or military commanders who shall refer the matter to the designated local authority for further action.

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 6:
RESOLUTION 9

Determination of damage

At the beginning of the cattle seasonal movement every Boma or Payam will form a committee consisting of (1) Chief, (1) Majokwuot, (1) Woman, (1) Farmer, (1) Ministry of Agriculture, (1) Veterinary Officer, (1) youth representative, (1) police and (1) administrator. This committee will meet immediately when damages are reported.

The committee is responsible to:

1.    Identify the culprit(s)

2.    Determine the amount of damage and to

3.    Collect the compensation from the Majokwuot or the farmer

In case the decision is not in accordance with the resolutions of this agreement, an appeal can be made.

Page 9-10:
RESOLUTION 14

Dispute Resolution Committee (DRC)

Establishment

The Dispute Resolution Committee (DRC) consists of five chiefs of Wau State and four Majokwuot of Gogrial and Tonj States from the Counties involved in cattle seasonal movement.

The members are nominated and appointed for a period of 3 years by the Paramount Chiefs who inform the Executive Director of the County. The DRC reports to the Interstate Coordinating Committee on Cattle Seasonal Movement.

Functions of Dispute Resolution Committee

1.    Ensure greater social support among people through helping them to solve their disputes in terms of the agreement.

2.    Solving those social issues that cannot be resolved by laws of the Republic of South Sudan, for example when a person is shot or killed it is a crime that must be dealt with by the laws of South Sudan. Compensation under this agreement does not preclude prosecution in a formal court.

3.    Ensure social justice take its course to prevent recurrence of the problems in cases where the local chief and or Majokwuot cannot solve the problem

4.    Thorough assessment of those problems referred to the committee to find a solution satisfactory to both groups with reasonable time frame to avoid escalation of the problems

Prisons and detention

No specific mention.

Traditional Laws

Page 7-9:
RESOLUTION 12

Interstate Coordinating Committee on Cattle Seasonal Movement

Cattle Seasonal Movement is a phenomenon with a long history in the region. Over time agreements were made but not written down. People respect these traditional agreements as part of their heritage and the agreements grow into traditional law. The contents of the current — written — agreements will also grow into traditional law. For this reason, the implementation of these written peace agreements should be citizen-driven to enable communities to accept and implement the resolutions of the agreement. The goal of the Interstate Coordinating Committee on Cattle Seasonal Movement, a citizen-driven committee, is to ensure public/citizen/community involvement and active participation in the implementation process.

Structure of the Interstate Coordinating Committee on Cattle Seasonal Movement

Four people representing Wau State Counties involved in the cattle seasonal movement
Four people representing Tonj State Counties involved in cattle seasonal movement 
Four people representing Gogrial State Counties involved in cattle seasonal movement 
The representation should include four county representatives (individual citizens not State and/or County Officials), two persons representing the Farmers (Wau State), two persons representing Majokwuot (Gogrial and Tonj), two persons representing Traditional Leaders and two persons representing cattle owners.
Members of the Interstate Coordinating Committee on Cattle Seasonal Movement do not receive any remuneration but are refunded through the 3 State institutions for direct expenses in fulfilling their tasks.

Members are nominated and appointed by the conference for a period of three (3) years; nonperforming members can be replaced by the Chairperson after consultations. Orientation and training of new members is the responsibility of the sitting Committee in collaboration with the Director-Generals of State Ministries of Local Government. The Chairperson of the
Interstate Coordinating Committee on Cattle Seasonal Movement reports every year or every two years to the Conference and minimally twice per year to the county councils through the DGs and Ministers of the Ministries of Local Government in the three states.


The following members of the Interstate Coordinating Committee on Cattle Seasonal Movement were nominated and appointed on 1 November 2019 for a period of three years until 1 November 2022.



Members

Member status

Position

1

Makuc Aru Luac

County representative

Chairman


2

Marko Mabior Ajiec

County representative

Deputy Secretary


3

Madut Atem Madut

Majokwuot representative

Member


4

Aken Aleu Ngor

Majokwuot representative

Member


5

Kieu Athian Manoi

Traditional Leaders representative

Member


6

Makuei Majook Makuei

Cattle owner representative

Member


7

Luciano Thomas Abdalla

County representative

Deputy

Chairman


8

David Mangok Mawien

County representative

Secretary


9

Joseph Abdalla Uveda

Farmers representative

Member

10

Paulino Machol Akuar

Farmers representative

Member

11

Anthony Martin Abushaka

Traditional leaders representative

Member

12

Peter Pinyi Mabuoc

Cattle owners representative

Member

Key Tasks ofInterstate Coordinating Committee on Cattle Seasonal Movement The Interstate Coordinating Committee on Cattle Seasonal Movement:

•     Plan, organize, provide leadership and control the implementation of the signed peace, conference agreements

•     Ensure that all stakeholders are actively involved in the process to manage the implementation of the signed peace conference agreements

•     Facilitate effective communication with all stakeholders involved in the process to manage implement the signed peace agreements effectively

Socio-economic reconstruction

Development or socio-economic reconstruction

No specific mention.

National economic plan

No specific mention.

Natural resources

Page 1:
RESOLUTION 1

Natural resources

All parties from the three states have agreed and recognized that agricultural and animal (livestock) resources are all national resources of the Republic of South Sudan and all must be protected and preserved.

International funds

No specific mention.

Business

No specific mention.

Taxation

No specific mention.

Banks

No specific mention.

Land, property and environment

Land reform/rights

Land, property and environment→Land reform/rights→Land reform and management

Page 1:
RESOLUTION 1

Natural resources

All parties from the three states have agreed and recognized that agricultural and animal (livestock) resources are all national resources of the Republic of South Sudan and all must be protected and preserved.

Page 2:
RESOLUTION 2

Arrival time

1.    All cattle movement in cultivation land in Wau State shall be in January every year and return from the farming areas to Gogrial and Tonj States, or other locations outside the farming areas, as the rainy season starts in April or May.

2.    In the event that water and grass are not available before January, the concerned Chief in Gogrial or Tonj will negotiate early arrival with the chief of the concerned area in Wau State following the pre-cattle seasonal movement procedures as prescribed in resolution 4 of this agreement.

3.    Cattle camps to arrive early in Wau State without a negotiated early arrival time will be told to go back home by the chiefs and the authorities in the three states.

Page 7:
RESOLUTION 11

Burning of grass

Bush burning is prohibited to avoid damaging the crops and the environment; anybody found burning grasses shall be brought before the law according to South Sudan Environmental Law.

Land, property and environment→Land reform/rights→Property return and restitution

Page 3:
RESOLUTION 5

'Local cows' in Wau State

Cattle that are owned by the citizens of Wau State are subject to the rules of cattle seasonal movement formulated in this and subsequent Conference Agreements.

Destruction of farms/farmland by cows of local owners as well as of military personnel should be reported to the chiefs of the area or military commanders who shall refer the matter to the designated local authority for further action.

Page 3-4:
RESOLUTION 6

Mature persons to look after animals and compensation for damage offarms

Cattle owners and chiefs shall ensure that cattle are looked after by mature men, not by boys. Failure to control the animals and resulting damage to crops or farms must be compensated in accordance with the list below.

Quantity of the crops destroyed and the amount of the compensation shall be assessed by the members of the committee as described in resolution 9.

Compensation for crops destroyed will be compensated by Majokwuot on behalf of the cåttle owners based on the following list.

Compensation list for varieties of crops

Varieties of crops, seeds, vegetables, trees, fruits, beehives and grass

Compensation in case of damage or destruction

In SSP or kind as below

1

Long term sorghum

(plant)

150


2

Short term sorghum

 (plant)

150


3

Beans (stem)

90


4

Cassava (stem)

400


5

Maize (stem)

45


6

Groundnut (stem)

90


7

Hardnut (stem)

45


8

Simsim (square metre)

300


9

Telepone (head)

150


10

Millet (head)

150


11

Sugar cane (stem)

300


12

Guava (seedling and mature tree)

300


13

Mango (seedlin and mature tree)

300


14

Lemon (seedling)

300


15

Tomato (stem)

90


16

Okra (stem)

45


17

Banana (seedling)

300


18

Egg plant (stem)

90


19

Pumpkin (stem)

90


20

Tobacco (stem)

30


21

Sweet potato

90


22

Beehive

Pregnant heifer


23

Grass (bundle)

90

In case of changing economic situation, the ICCM is empowered to review and update the compensation list.


Page 5-6:
RESOLUTION 7

Killing of animals and compensation for killed animals Killing of cows is not allowed.

When a cow or herd is found to roam or to damage a farm, the community should be alerted to detain and hand them to the chief/police/a designated person to keep them until the owner reports and pays compensation for damages in case of any or cost of keeping the animal.

In case an animal is killed by a known person that person will compensate the animal according to the list below. If a cow is killed by a person unknown near a village the village members will be responsible to compensate for the dead cow in accordance with the list below. Conversely, if a farm/garden is destroyed by unknown herds, all the Majokwuot around that farm/garden will be responsible to compensate the owners as stipulated in resolution 6 of this agreement.

The person compensating for the loss of a cow will go to the auction with the owner who is to be compensated, they will select the cow, determine the price and the person compensating will give the money to the owner who will buy his desired cow.


Compensation schedule for types of animals

SINO 

Animals

Compensation in case of destruction

In kind

1
First class bull Adon
First class bull

2
Second class bull
Second class bull

3
Third class bull
Third class bull

4
Bull (1 year old)
Bull 1 year old

5
Ajieo 3-6 calves
Ajiep (3-6 calves)

6
Ajiepdhieth (2 calves)
Ajiep (2 calves

7
First class heifer danliac
First class heifer danliac

8
2nd class heifer
2nd class heifer

9
One and half year bull/heifer
One and half year bull/heifer

10
Goat (pregnant)
The same age pregnant goat

11
Nyokadong 3-5 years old
Nyokadong 3-5 years old

12
Nokbuoth 2 years old
Nokbuoth 2 years old

13
Thok-ajiep (1-6 dau)
Thok-ajiep (1-6 dau)

14
Dau
Dau

15
Sheep
Sheep

16

Donkey

Donkey


RESOLUTION 8

Person attacked by dog

When a dog attacks a person and wounds that person the owner of the dog is responsible for the medical treatment of the wounded person. When a dog attacks an animal the owner of the dog is responsible for the medical treatment of the animal.

When a person or animal is killed by the dog, the case should be handled by a formal court.

Page 6:
RESOLUTION 9

Determination of damage

At the beginning of the cattle seasonal movement every Boma or Payam will form a committee consisting of (1) Chief, (1) Majokwuot, (1) Woman, (1) Farmer, (1) Ministry of Agriculture, (1) Veterinary Officer, (1) youth representative, (1) police and (1) administrator. This committee will meet immediately when damages are reported.

The committee is responsible to:

1.    Identify the culprit(s)

2.    Determine the amount of damage and to

3.    Collect the compensation from the Majokwuot or the farmer

In case the decision is not in accordance with the resolutions of this agreement, an appeal can be made.

Pastoralist/nomadism rights

Page 2:
RESOLUTION 2

Arrival time

1.    All cattle movement in cultivation land in Wau State shall be in January every year and return from the farming areas to Gogrial and Tonj States, or other locations outside the farming areas, as the rainy season starts in April or May.

2.    In the event that water and grass are not available before January, the concerned Chief in Gogrial or Tonj will negotiate early arrival with the chief of the concerned area in Wau State following the pre-cattle seasonal movement procedures as prescribed in resolution 4 of this agreement.

3.    Cattle camps to arrive early in Wau State without a negotiated early arrival time will be told to go back home by the chiefs and the authorities in the three states.

Page 2-3:
RESOLUTION 4

Pre-cattle seasonal movement procedures and letter

All Majokwuot who plan to move with their cattle to Wau State must, before they move, obtain a letter of permission from the Boma Chief of the area of origin of the Majokwuot.

The permission letter shall contain at least the following information: 

1.    Name of the Majokwuot

2.    Name of Boma/Payam of origin of the Majokwuot

3.    Name of the Boma Chief/Paramount Chief

4.    The intended destination in Wau State

Before moving with the cattle, the Majokwuot will always:

1.    Visit the Boma Chief of their intended destination in Wau State who will organize a meeting with other community leaders

2.    Present the letter of permission to the Boma Chief of the intended destination in Wau State

3.    Agree with the Boma Chief (or the person designated by the Boma Chief in former Jur River County area) of the intended destination on seasonal settlement of the camp, far away from residential and cultivation areas

4.    Upon agreement, the Majokwuot will go back and collect the cattle to return to the area where he reached agreement with the Boma Chief and other community leaders

5.    Majokwuot shall be received by Chief in the Boma on their arrival with the cattle camps for a welcome ceremony; before their departure in April or May, a farewell ceremony will be held

Page 3:
RESOLUTION 5

'Local cows' in Wau State

Cattle that are owned by the citizens of Wau State are subject to the rules of cattle seasonal movement formulated in this and subsequent Conference Agreements.

Destruction of farms/farmland by cows of local owners as well as of military personnel should be reported to the chiefs of the area or military commanders who shall refer the matter to the designated local authority for further action.

Page 5-6:
RESOLUTION 7

Killing of animals and compensation for killed animals Killing of cows is not allowed.

When a cow or herd is found to roam or to damage a farm, the community should be alerted to detain and hand them to the chief/police/a designated person to keep them until the owner reports and pays compensation for damages in case of any or cost of keeping the animal.

In case an animal is killed by a known person that person will compensate the animal according to the list below. If a cow is killed by a person unknown near a village the village members will be responsible to compensate for the dead cow in accordance with the list below. Conversely, if a farm/garden is destroyed by unknown herds, all the Majokwuot around that farm/garden will be responsible to compensate the owners as stipulated in resolution 6 of this agreement.

The person compensating for the loss of a cow will go to the auction with the owner who is to be compensated, they will select the cow, determine the price and the person compensating will give the money to the owner who will buy his desired cow.


Compensation schedule for types of animals

SINO 

Animals

Compensation in case of destruction

In kind

1
First class bull Adon
First class bull

2
Second class bull
Second class bull

3
Third class bull
Third class bull

4
Bull (1 year old)
Bull 1 year old

5
Ajieo 3-6 calves
Ajiep (3-6 calves)

6
Ajiepdhieth (2 calves)
Ajiep (2 calves

7
First class heifer danliac
First class heifer danliac

8
2nd class heifer
2nd class heifer

9
One and half year bull/heifer
One and half year bull/heifer

10
Goat (pregnant)
The same age pregnant goat

11
Nyokadong 3-5 years old
Nyokadong 3-5 years old

12
Nokbuoth 2 years old
Nokbuoth 2 years old

13
Thok-ajiep (1-6 dau)
Thok-ajiep (1-6 dau)

14
Dau
Dau

15
Sheep
Sheep

16

Donkey

Donkey


Page 7-9:
RESOLUTION 12

Interstate Coordinating Committee on Cattle Seasonal Movement

Cattle Seasonal Movement is a phenomenon with a long history in the region. Over time agreements were made but not written down. People respect these traditional agreements as part of their heritage and the agreements grow into traditional law. The contents of the current — written — agreements will also grow into traditional law. For this reason, the implementation of these written peace agreements should be citizen-driven to enable communities to accept and implement the resolutions of the agreement. The goal of the Interstate Coordinating Committee on Cattle Seasonal Movement, a citizen-driven committee, is to ensure public/citizen/community involvement and active participation in the implementation process.

Structure of the Interstate Coordinating Committee on Cattle Seasonal Movement

Four people representing Wau State Counties involved in the cattle seasonal movement
Four people representing Tonj State Counties involved in cattle seasonal movement 
Four people representing Gogrial State Counties involved in cattle seasonal movement 
The representation should include four county representatives (individual citizens not State and/or County Officials), two persons representing the Farmers (Wau State), two persons representing Majokwuot (Gogrial and Tonj), two persons representing Traditional Leaders and two persons representing cattle owners.
Members of the Interstate Coordinating Committee on Cattle Seasonal Movement do not receive any remuneration but are refunded through the 3 State institutions for direct expenses in fulfilling their tasks.

Members are nominated and appointed by the conference for a period of three (3) years; nonperforming members can be replaced by the Chairperson after consultations. Orientation and training of new members is the responsibility of the sitting Committee in collaboration with the Director-Generals of State Ministries of Local Government. The Chairperson of the

Interstate Coordinating Committee on Cattle Seasonal Movement reports every year or every two years to the Conference and minimally twice per year to the county councils through the DGs and Ministers of the Ministries of Local Government in the three states.


The following members of the Interstate Coordinating Committee on Cattle Seasonal Movement were nominated and appointed on 1 November 2019 for a period of three years until 1 November 2022.



Members

Member status

Position

1

Makuc Aru Luac

County representative

Chairman


2

Marko Mabior Ajiec

County representative

Deputy Secretary


3

Madut Atem Madut

Majokwuot representative

Member


4

Aken Aleu Ngor

Majokwuot representative

Member


5

Kieu Athian Manoi

Traditional Leaders representative

Member


6

Makuei Majook Makuei

Cattle owner representative

Member


7

Luciano Thomas Abdalla

County representative

Deputy

Chairman


8

David Mangok Mawien

County representative

Secretary


9

Joseph Abdalla Uveda

Farmers representative

Member

10

Paulino Machol Akuar

Farmers representative

Member

11

Anthony Martin Abushaka

Traditional leaders representative

Member

12

Peter Pinyi Mabuoc

Cattle owners representative

Member

Key Tasks ofInterstate Coordinating Committee on Cattle Seasonal Movement The Interstate Coordinating Committee on Cattle Seasonal Movement:

•     Plan, organize, provide leadership and control the implementation of the signed peace, conference agreements

•     Ensure that all stakeholders are actively involved in the process to manage the implementation ofthe signed peace conference agreements

•     Facilitate effective communication with all stakeholders involved in the process to manage implement the signed peace agreements effectively

Cultural heritage

No specific mention.

Environment

Page 1:
RESOLUTION 1

Natural resources

All parties from the three states have agreed and recognized that agricultural and animal (livestock) resources are all national resources of the Republic of South Sudan and all must be protected and preserved.

Page 7:
RESOLUTION 11

Burning of grass

Bush burning is prohibited to avoid damaging the crops and the environment; anybody found burning grasses shall be brought before the law according to South Sudan Environmental Law.

Water or riparian rights or access

No specific mention.

Security sector

Security Guarantees

No specific mention.

Ceasefire

No specific mention.

Police

No specific mention.

Armed forces

No specific mention.

DDR

Security sector→DDR→DDR programmes

Page 6, RESOLUTION 10

Carrying of guns

All the parties from the three states agreed that there must be comprehensive disarmament to be conducted in all the three states and this subject to the policies of the three state security committees.

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

Page 3, RESOLUTION 5

'Local cows' in Wau State

Cattle that are owned by the citizens of Wau State are subject to the rules of cattle seasonal movement formulated in this and subsequent Conference Agreements.

Destruction of farms/farmland by cows of local owners as well as of military personnel should be reported to the chiefs of the area or military commanders who shall refer the matter to the designated local authority for further action.

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

No specific mention.

Reconciliation

No specific mention.

Implementation

UN signatory

Page 12:
Observers during the MBA Review Conference:
1 Sam Muhumure, UNMISS, Head of Field Office, Wau

Other international signatory

Page 12:
Observers during the MBA Review Conference:

2 Orasio Opiyo, PRWG, Coordinator

3 Ariech Deng Ariech, TOCH Representative

4 Thiep Mayuot Deng, NRC Representative

5 John Lupo Ucin, Malteser Int., Representative

Referendum for agreement

No specific mention.

International mission/force/similar

No specific mention.

Enforcement mechanism

Page 9-10:
RESOLUTION 13

Monitoring Committee

Establishment

The Monitoring Committee (MC) consists of Deputy Executive Directors of Counties involved in the cattle seasonal movement and the members are nominated and appointed by the Director Generals of the states after consultations. The number of members of the MC shall not exceed nine. The MC reports to the Interstate Coordinating Committee on Cattle Seasonal Movement.

Functions of the Monitoring Committee

1.    Disseminate and explain signed Conference Agreements to the communities and stakeholders

2.    Monitor implementation of agreement and workshop decisions

3.    Monitor challenges occurring during the cattle seasonal movement process

4.    Follow-up on movement of cattle camps

5.    Monitor cattle arrival and departure time

6.    Report unresolved disputes to Dispute Resolution Committee

7.    Meet to plan work activities

8.    Ensure effective communication among members of the committee

9.    Create awareness among cattle keepers and farmers for peaceful coexistence to avoid revenge

10. Ensure effective coordination between members of the committee

11. Communicate with community members before arriving at that specific community location

RESOLUTION 14

Dispute Resolution Committee (DRC)

Establishment

The Dispute Resolution Committee (DRC) consists of five chiefs of Wau State and four Majokwuot of Gogrial and Tonj States from the Counties involved in cattle seasonal movement.

The members are nominated and appointed for a period of 3 years by the Paramount Chiefs who inform the Executive Director of the County. The DRC reports to the Interstate Coordinating Committee on Cattle Seasonal Movement.

Functions of Dispute Resolution Committee

1.    Ensure greater social support among people through helping them to solve their disputes in terms of the agreement.

2.    Solving those social issues that cannot be resolved by laws of the Republic of South Sudan, for example when a person is shot or killed it is a crime that must be dealt with by the laws of South Sudan. Compensation under this agreement does not preclude prosecution in a formal court.

3.    Ensure social justice take its course to prevent recurrence of the problems in cases where the local chief and or Majokwuot cannot solve the problem

4.    Thorough assessment of those problems referred to the committee to find a solution satisfactory to both groups with reasonable time frame to avoid escalation of the problems

Related cases

No specific mention.

Source

On file with PA-X PI