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

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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.
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

THE REPUBLIC OF SOUTH SUDAN

States of Wau, Tonj and Gogrial

Interstate Coordinating Committee on Cattle Seasonal Movement

1st Review of Marial Bai Agreement on Cattle Seasonal Movement

Peace Hall, Council of Ministers, Wau State

29th October — 1st November 2019

This agreement is the 1 st review of the Marial Bai Agreement on Cattle Seasonal Movement and the 3 rd Bussere review conference of agriculturalists and cattle keepers.

The primary goal of periodic peace conferences between pastoralists and agriculturalists from Wau, Tonj and Gogrial States is to promote and consolidate peace and secure a stable political and socio-economic environment during the annual cattle seasonal movement.

The outcome of the periodic peace conferences is a conference agreement signed by representatives from participating counties in Gogrial, Tonj and Wau States.

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.

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

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.

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

S/N0

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

Compensation in case of damage or destruction

In SSP or kind as below

Long term sorghum

(plant)

150

Short term sorghum

(plant)

150

Beans (stem)

Cassava (stem)

400

Maize (stem)

Groundnut (stem)

Hardnut (stem)

Simsim (square metre)

300

Telepone (head)

150

Millet (head)

150

Sugar cane (stem)

300

Guava (seedling and mature tree)

300

Mango (seedlin and mature tree)

300

Lemon (seedling)

300

Tomato (stem)

Okra (stem)

Banana (seedling)

300

Egg plant (stem)

Pumpkin (stem)

Tobacco (stem)

Sweet potato

Beehive

Pregnant heifer

Grass (bundle)

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

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

First class bull Adon

First class bull

Second class bull

Third class bull

Bull (1 year old)

Bull 1 ear old

fVie 3-6 calves

A-Cie (3-6 calves

ACie dhieth (2 calves)

Ajie (2 calves

First class heifer danliac

211 class heifer

2n class heifer

One and half ear bull/heifer

Goat

re ant

The same a e re ant oat

N okadon 3-5 ears old

N okbuoth 2 ears old

Thok-a•ie 1-6 dau

Dau

Sheep

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.

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.

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.

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.

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;znonperforming 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

Makuc Aru Luac

Coun re resentative

Chairman

Marko Mabior ACiec

Coun representative

De u Secret

Madut Atem Madut

Maj okwuot re resentative

Member

Aken Aleu Ngor

Maj okwuot re resentative

Member

Kieu Athian Manoi

Traditional Leaders re resentative

Member

Makuei Maj 00k Makuei

Cattle owner re resentative

Member

Luciano Thomas Abdalla

County representative

Deputy

Chairman

David Man ok Mawien

Coun re resentative

Secret

Jose h Abdalla Uveda

Farmers re resentative

Member

Paulino Machol Akuar

Farmers re resentative

Member

Anthony Martin Abushaka

Traditional leaders re resentative

Member

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

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 ofDispute 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

Signed and witnessed in Peace Hall, Council of Ministers, Wau State on 1 November 2019 by participants that represent the stakeholders of counties involved in cattle seasonal movement of Wau, Tonj and Gogrial States, thereby representing all stakeholders of the counties and states.

County

Name, title

Signatory/w itness

Signature

Kangi

William Bak Uloro

Signatory

John Utho Achom

Witness

Roc Roc Don

Elario Ucuir Uyu

Signatory

James Aguer Ken

Witness

Udici

Peter Akuar Auger

Signatory

Bernarto Uyak Uchen

Witness

Kuajena

Nyiyuo Awet Nyiyuo

Signatory

Elario Den Aken

Witness

Wau

Munici ali

Peter Monylet Deng

Signatory

1st

Daniel Masmino Juya

Witness

Marial Bai

Lual Aleu Mabuon

Signato

Bol Majok Ngor Dut

Witness

Bessillia

William Kamilo Mboro

Signatory

Raphael Daniel Mande

Witness

Baggari

Natale Augustino Zalan

Signato

Elias Andrea Ujang

Witness

Kpaile

Gabriel Unango Uguen

Signatory

Paul Kamilo Dufan

Witness

Alur

Adhal Kot Kon

Si ato

Uchalla Dhal Nyabang

Witness

Wau Bai

Athain Akuei Athain

Signatory

Mawein Wol Lony

Witness

Alel Thony

Jamus Wol Achuil

Signatory

Isarbino Amet Makuac

Witness

Ton• State

Man Alor

Arou Kon Arou

Signatory

Alphonsio Mawein Arou

Witness

Tonj

Aru Athian Aru

Signatory

Marko Mabior Ajiec

Witness

Warra

Ayii Agiu Kuot

Signatory

Kieu Athian Manoi

Witness

Pagol

Mathuc Madut Mawein

Signatory

Marko Mabior Ajiec

Witness

Yar

Cikom Ayiei Cikom

Signatory

Marko Mabior Ajiec

Witness

Thiet

Parum Malek Akuien

Signatory

Akot Mathiang Deng

Witness

Jak

Kur Malek Mathok

Signatory

Marko Mabior Niec

Witness

Kirik

Mawein Mayol Mawein

Sinatory

John Maker Lon

Witness

County

Name, title

Signatory/w itness

Gogrial State

County

Name, title

Signatory/w itness

Kuac South

Abraham Nyok Madut

Signatory

Chol Yuot Chol

Witness

Kuac North

Deng Ajiek Agoth

Signatory

David Ayok Akook

Witness

Aguok South

James Kuc Baak

Signatory

Joseph Manut Yel

Witness

Kuac West

Wek Deng Ariech

Signatory

Joseph Ngong Ngong

Witness

Kuac East

Akol Ayii Madut

Signatory

Malueth Mayen Wol

Witness

Buoyar

Madut Teng Agany

Signatory

Madut Adup Majok

Witness

Observers during the MBA Review Conference:

S/no

Name

Organization

Designation

Signature

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