Mundri Agreement

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Mundri Agreement
Date: 15 Nov 2015
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: Mr James Biro David
Representative of Greater Mundri Civil Community

Major. Toby Majak Thomas
Representative of the SPLA Division 6, Brigade 16, Mundri Battalion
Third parties: Bishop Paul Yugusuk
Diocesan Bishop of Lomega
Lead Mediator

Bishop Bismark M. Avokaya
Diocesan Bishop of Mundri
Witness

Hon. Bullen Abiatere Hakim
Deputy Govemor of WES
Witness

Bishop Matthew Taban Peter
Diocesan Bishop of Wonduruba
Witness

Major Gen. Johnson Juma Okot
SPLA Division VI Commander
Witness
Description: Agreement aimed to solve the conflict between the SPLA Division 6 and the local community following an increase in violence as tensions rose between migratory herdsmen, the Dinka SPLA, and the local community. Fighting displaced 80,000 locals from the area. The agreement was broken on 25 November following a gunship attack on armed youth 30km from Mundri, sparking retaliatory attacks and a downward spiral of violence.

Agreement document: SS_151115_Mundri_Agreement.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 2, Resolutions
... 4. That the youth and the army will refrain from any hostilities.

Page 2, Resolutions
... 7. That the local administration of Greater Mundri will keenly discuss with the leadership of the youth in resolving their conflict.

Page 3, Resolutions
... 11. That the youth shall commit themselves not to cause any attacks and shall report to the county authorities about their peaceful processes at least once every month for the next three months.
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: Groups→Refugees/displaced persons→Rhetorical
Page 3, Recommendations
1. That the two parties requested for humanitarian support to enable to settle the IDPs.
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): 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 3, Resolutions
... 13. That the County Commissioner will form a committee to investigate the magnitude and extend of loss of lives and the looted properties, including government institutions, NGOs, hospitals, etc. and will report to the national authority for appropriate actions, including compensation.

Page 3, Recommendations
... 4. That the two parties agreed that the church should recommend to existing non-governmental organizations and other institutions and agencies to provide bursary for the pupils and students whose parents cannot now pay their school fees as a result of the Mundri conflict.
Traditional/religious leaders: Page 2, Resolutions
1. That we appreciated the church leaders’ mediation team led by Bishop Paul Yugusuk for mediating between the representatives of the community of Greater Mundri and the representatives of the SPLA Division 6, Brigade 16, Mundri Battalion in order to resolve the Greater Mundri conflict.

Page 3, Recommendations
... 3. That the church leaders' mediation team shall monitor the implementation of the agreement and shall meet and consolidate with the parties to the agreement.

Page 3, Recommendations
... 4. That the two parties agreed that the church should recommend to existing non-governmental organizations and other institutions and agencies to provide bursary for the pupils and students whose parents cannot now pay their school fees as a result of the Mundri conflict.

Page 3-4, Bishop Paul Yugusuk
Diocesan Bishop of Lomega
Lead Mediator

... Bishop Bismark M. Avokaya
Diocesan Bishop of Mundri
Witness

Hon. Bullen Abiatere Hakim
Deputy Govemor of WES
Witness

Bishop Matthew Taban Peter
Diocesan Bishop of Wonduruba
Witness
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: Rights related issues→Media and communication→Media roles
Page 3, Recommendations
... 2. That the agreement shall be disseminated to the community through media and civic awareness.
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 2, Resolutions
... 5. That the community will be able to feel free to come back and continue with socio economic development.
National economic plan: No specific mention.
Natural resources: No specific mention.
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: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, Resolutions
... 3. That the community of Greater Mundri and the army will respect themselves and the other law enforcement agencies as required by the interim constitution of the Republic o f South Sudan.

Page 2, Resolutions
... 4. That the youth and the army will refrain from any hostilities.

Page 2, Resolutions
... 6. That SPLA soldiers who have caused atrocities in Mundri will be disciplined by their command.

Page 2, Resolutions
... 10. That the army and the other law enforcement agencies will respect the community in accordance with the interim constitution of the Republic of South Sudan.

Page 3, Resolutions
... 12. That the SPLA leadership in Mundri should investigate on the specific soldiers that had caused atrocities and take disciplinary measures against and even remove them from among the good soldiers.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 2, Resolutions
... 4. That the youth and the army will refrain from any hostilities.
Police: Page 2, Resolutions
... 3. That the community of Greater Mundri and the army will respect themselves and the other law enforcement agencies as required by the interim constitution of the Republic of South Sudan.

Page 2, Resolutions
... 10. That the army and the other law enforcement agencies will respect the community in accordance with the interim constitution of the Republic of South Sudan.
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: Page 2, Resolutions
... 6. That SPLA soldiers who have caused atrocities in Mundri will be disciplined by their command.

Page 3, Resolutions
... 12. That the SPLA leadership in Mundri should investigate on the specific soldiers that had caused atrocities and take disciplinary measures against and even remove them from among the good soldiers.

Page 3, Resolutions
... 13. That the County Commissioner will form a committee to investigate the magnitude and extend of loss of lives and the looted properties, including government institutions, NGOs, hospitals, etc. and will report to the national authority for appropriate actions, including compensation.
Prisoner release: No specific mention.
Vetting: Page 2, Resolutions
... 6. That SPLA soldiers who have caused atrocities in Mundri will be disciplined by their command.

Page 3, Resolutions
... 12. That the SPLA leadership in Mundri should investigate on the specific soldiers that had caused atrocities and take disciplinary measures against and even remove them from among the good soldiers.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 2, Resolutions
... 2. That we apologized to the community of Greater Mundri and to the SPLA Division 6, Brigade 16, Mundri Battalion on the conflict.

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: Collection of John Ashworth.

Agreement

Between:

The Community of Greater Mundri and SPLA Division 6, Brigade 16, Mundri Battalion

On:

The Resolution of Mundri Conflict

15th November 2015

· Mundri Town Westem Equatoria State

Preamble

We, the representatives of the community of Greater Mundri and the of the SPLA Division 6, Brigade 16, Mundri Battalion have consulted between the civil population and the army and have deliberated on various issues regarding Greater Mundri conflict, from Wednesday to Sunday 15th November 2015, do hereby make the following resolutions and recommendations:

Resolutions

1. That we appreciated the church leaders’ mediation team led by Bishop Paul Yugusuk for mediating between the representatives of the community of Greater Mundri and the representatives of the SPLA Division 6, Brigade 16, Mundri Battalion in order to resolve the Greater Mundri conflict.

2. That we apologized to the community of Greater Mundri and to the SPLA Division 6, Brigade 16, Mundri Battalion on the conflict.

3. That the community of Greater Mundri and the army will respect themselves and the other law enforcement agencies as required by the interim constitution o f the Republic o f South Sudan.

4. That the youth and the army will refrain from any hostilities.

5. That the community will be able to feel free to come back and continue with socio economic development.

6. That SPLA soldiers who have caused atrocities in Mundri will be disciplined by their command.

7. That the local administration of Greater Mundri will keenly discuss with the leadership of the youth in resolving their conflict.

8. That we make a commitment to resolve this conflict once and for all.

9. That we shall hence forth be at peace with one another and respect each other.

10. That the army and the other law enforcement agencies will respect the community in accordance with the interim constitution of the Republic of South Sudan.

Page 3,

11. That the youth shall commit themselves not to cause any attacks and shall report to the county authorities about their peaceful processes at least once every month for the next three months.

12. That the SPLA leadership in Mundri should investigate on the specific soldiers that had caused atrocities and take disciplinary measures against and even remove them from among the good soldiers.

13. That the County Commissioner will form a committee to investigate the magnitude and extend of loss of lives and the looted properties, including government institutions, NGOs, hospitals, etc.

and will report to the national authority for appropriate actions, including compensation.

Recommendations

1. That the two parties requested for humanitarian support to enable to settle the IDPs.

2. That the agreement shall be disseminated to the community through media and civic awareness.

3. That the church leaders' mediation team shall monitor the implementation of the agreement and shall meet and consolidate with the parties to the agreement.

4. That the two parties agreed that the church should recommend to existing non-governmental organizations and other institutions and agencies to provide bursary for the pupils and students whose parents cannot now pay their school fees as a result of the Mundri conflict.

Signed on Sunday 15th November 2015 by:

Mr James Biro David

Representative of Greater Mundri Civil Community

Bishop Paul Yugusuk

Diocesan Bishop of Lomega

Lead Mediator

Major.

Toby Majak Thomas

Representative of the SPLA Division 6, Brigade 16, Mundri Battalion

Bishop Bismark M. Avokaya

Diocesan Bishop of Mundri

Witness

Hon. Bullen Abiatere Hakim

Deputy Govemor of WES

Witness

Bishop Matthew Taban Peter

Diocesan Bishop of Wonduruba

Witness

Major Gen. Johnson Juma Okot

SPLA Division VI Commander

Witnes