Memorandum of Understanding between Dinka and Rizeigat

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Country/entity: Sudan
Darfur
Region: Africa (excl MENA)
Agreement name: Memorandum of Understanding between Dinka and Rizeigat
Date: 13 Sep 1999
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: Sudan Local Processes
Parties: A [Dinka]
James Agwer
Ibrahim Ali al Jak
Dodin Gut Luwal
Mohamed Ding Maw
Hasan jabir Akot
Ali Garang Akok
Daud Daw Luewal
Martin Adong Kwang
Omar Bakhiet Dyieng
Bona Biek Abiem

B [Rizegat]
Abbas Abdalla Mohamed
Yusuf Suleiman Buram
Isa Burma Joda
Salih Musa Salih
Mohamed Ahmed Buram
Omda al Hadi Burma
Mahmud Musa Kasha
Mahmud Khalid Mohamed Nur
Third parties: -
Description: Memorandum of Understanding (MOU) between the Rizeigat and Dinka tribes. The MOU seeks to foster security, peaceful coexistence, and strengthen the longstanding relations between these tribes. Key objectives include protecting individuals affected by abductions, especially women and children.

Agreement document: SD_990913_Memorandum of Understanding between Dinka and Rizeigat (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Secondly,
Facts
1. The Dinka Committee headed by Omda James Agwer has been working, secretly and publicly, in the collection/retrieval of Dinka [abducted children and women] since 1989.
Groups→Children/youth→Substantive
Firstly,
Objectives
...
6. The Rizeigat members of CEAWC will sign the forms related to the children who lost their families because of the consequences of the wars referred to above.
7. The two parties commit themselves not to undertake any legal measures against any individual from the two tribes in the context of the process of collecting the children in what is known as the abduction operation that the Government admitted in front of the General Assembly of the UN.
...
11. In the cases where there is conflict between the married couples from the two tribes and which in turn causes conflict over children, the two parties adhere to resolution through the prevalent custom in the region.
12. In case any Dinka or Rizeigat rejects to hand over the children and women in the abduction cases, the joint committee uses all the methods including the legal ones for the purpose of the safe return of the children and women to their families.
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: Firstly,
Objectives
...
12. In case any Dinka or Rizeigat rejects to hand over the children and women in the abduction cases, the joint committee uses all the methods including the legal ones for the purpose of the safe return of the children and women to their families.
Secondly,
Facts
1. The Dinka Committee headed by Omda James Agwer has been working, secretly and publicly, in the collection/retrieval of Dinka [abducted children and women] since 1989.
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: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of groups
Firstly,
Objectives
...
8. The Rizeigat party commits itself to protect the Dinka Committee, which works with them by providing the necessary protection.
9. The Dinka party commits itself to protect the Rizeigat committee working with them when it moves to work in the Dinka areas.
10. The two parties commit themselves to providing the necessary protection to each other in the areas that relate to any of the two parties.
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: Firstly,
Objectives
...
11. In the cases where there is conflict between the married couples from the two tribes and which in turn causes conflict over children, the two parties adhere to resolution through the prevalent custom in the region.

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: 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: Firstly,
Objectives
...
10. The two parties commit themselves to providing the necessary protection to each other in the areas that relate to any of the two parties.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Secondly,
Facts
1. The Dinka Committee headed by Omda James Agwer has been working, secretly and publicly, in the collection/retrieval of Dinka [abducted children and women] since 1989.
Vetting: No specific mention.
Victims: Firstly,
Objectives
...
6. The Rizeigat members of CEAWC will sign the forms related to the children who lost their families because of the consequences of the wars referred to above.
7. The two parties commit themselves not to undertake any legal measures against any individual from the two tribes in the context of the process of collecting the children in what is known as the abduction operation that the Government admitted in front of the General Assembly of the UN.
...
12. In case any Dinka or Rizeigat rejects to hand over the children and women in the abduction cases, the joint committee uses all the methods including the legal ones for the purpose of the safe return of the children and women to their families.
Secondly,
Facts
1. The Dinka Committee headed by Omda James Agwer has been working, secretly and publicly, in the collection/retrieval of Dinka [abducted children and women] since 1989.
Missing persons: Firstly,
Objectives
...
6. The Rizeigat members of CEAWC will sign the forms related to the children who lost their families because of the consequences of the wars referred to above.
7. The two parties commit themselves not to undertake any legal measures against any individual from the two tribes in the context of the process of collecting the children in what is known as the abduction operation that the Government admitted in front of the General Assembly of the UN.
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: No specific mention.

Here is the complete text from the document:

In the name of Allah the merciful the compassionate

From the Quran:

"and we have bestowed dignity on human beings and carried them on land and sea and made them better than many others of our creation" [not the best translation!]

Memorandum of Understanding

Firstly,

Objectives

1. This MOU aims at realizing security, settlement, and peaceful coexistence between the tribes of the Rizeigat and the Dinka.

2. The strengthening of the everlasting and continuous relations of kinship, friendship, and neighborhood between the Rizeigat and the Dinka across long ages.

3. Taking a more higher view and going beyond insignificant and little issues with the purpose of creating an environment and an atmosphere that is healthy in order to consolidate unity and reject fighting between the Dinka and Rizeigat tribes;

4. The two parties commit themselves to combat all that might exacerbate the conflict between the tribes of the Dinka and the Rizeigat.

5. The two parties work together to address all the consequences that resulted from the recurrent wars in the region.

6. The Rizeigat members of CEAWC will sign the forms related to the children who lost their families because of the consequences of the wars referred to above.

7. The two parties commit themselves not to undertake any legal measures against any individual from the two tribes in the context of the process of collecting the children in what is known as the abduction operation that the Government admitted in front of the General Assembly of the UN.

8. The Rizeigat party commits itself to protect the Dinka Committee, which works with them by providing the necessary protection.

9. The Dinka party commits itself to protect the Rizeigat committee working with them when it moves to work in the Dinka areas.

10. The two parties commit themselves to providing the necessary protection to each other in the areas that relate to any of the two parties.

11. In the cases where there is conflict between the married couples from the two tribes and which in turn causes conflict over children, the two parties adhere to resolution through the prevalent custom in the region.

12. In case any Dinka or Rizeigat rejects to hand over the children and women in the abduction cases, the joint committee uses all the methods including the legal ones for the purpose of the safe return of the children and women to their families.

Secondly,

Facts

1. The Dinka Committee headed by Omda James Agwer has been working, secretly and publicly, in the collection/retrieval of Dinka [abducted children and women] since 1989.

2. The Committee contacted some of the Rizeigat and requested their assistance in collecting the children who lost their families due to the repeated wars.

3. The Committee managed to collect 58 children with the full knowledge of the Rizeigat.

4. The Committee managed to collect 69 children using their efforts according to the special relations between them and their people/kin the Rizeigat; and all that was in the context of joint cooperation between the two parties.

Accordingly we endorse all the cases of 227 in confirmation by us and for enriching our desire to realize the objectives mentioned in Firstly.

A | B

---|---

James Agwer | Abbas Abdalla Mohamed

Ibrahim Ali al Jak | Yusuf Suleiman Buram

Dodin Gut Luwal | Isa Burma Joda

Mohamed Ding Maw | Salih Musa Salih

Hasan jabir Akot | Mohamed Ahmed Buram

Ali Garang Akok | Omda al Hadi Burma

Daud Daw Luewal | Mahmud Musa Kasha

Martin Adong Kwang | Mahmud Khalid Mohamed Nur

Omar Bakhiet Dyieng |

Bona Biek Abiem |

Niyala 13 September 1999