Recommendations of the Terekeka Peace Conference

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
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.


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.