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

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
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.
Main category
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.

Women, girls and gender

Participation
Participation→Gender quotas
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.
Equality

No specific mention.

Particular groups of women

No specific mention.

International law

No specific mention.

New institutions

No specific mention.

Violence against women

No specific mention.

Transitional justice

No specific mention.

Institutional reform

No specific mention.

Development

No specific mention.

Implementation

No specific mention.

Other

No specific mention.

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

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.

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 ear old

5

fVie 3-6 calves

A-Cie (3-6 calves

6

ACie dhieth (2 calves)

Ajie (2 calves

7

First class heifer danliac

First class heifer danliac

8

211 class heifer

2n class heifer

9

One and half ear bull/heifer

One and half ear bull/heifer

10

Goat

re ant

The same a e re ant oat

11

N okadon 3-5 ears old

N okadon 3-5 ears old

12

N okbuoth 2 ears old

N okbuoth 2 ears old

13

Thok-a•ie 1-6 dau

Thok-a•ie 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.

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

1

Makuc Aru Luac

Coun re resentative

Chairman

2

Marko Mabior ACiec

Coun representative

De u Secret

3

Madut Atem Madut

Maj okwuot re resentative

Member

4

Aken Aleu Ngor

Maj okwuot re resentative

Member

5

Kieu Athian Manoi

Traditional Leaders re resentative

Member

6

Makuei Maj 00k Makuei

Cattle owner re resentative

Member

7

Luciano Thomas Abdalla

County representative

Deputy

Chairman

8

David Man ok Mawien

Coun re resentative

Secret

9

Jose h Abdalla Uveda

Farmers re resentative

Member

10

Paulino Machol Akuar

Farmers re resentative

Member

11

Anthony Martin Abushaka

Traditional leaders re resentative

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

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

1

Kangi

William Bak Uloro

Signatory

John Utho Achom

Witness

2

Roc Roc Don

Elario Ucuir Uyu

Signatory

James Aguer Ken

Witness

3

Udici

Peter Akuar Auger

Signatory

Bernarto Uyak Uchen

Witness

4

Kuajena

Nyiyuo Awet Nyiyuo

Signatory

Elario Den Aken

Witness

5

Wau

Munici ali

Peter Monylet Deng

Signatory

1st

Daniel Masmino Juya

Witness

6

Marial Bai

Lual Aleu Mabuon

Signato

Bol Majok Ngor Dut

Witness

7

Bessillia

William Kamilo Mboro

Signatory

Raphael Daniel Mande

Witness

8

Baggari

Natale Augustino Zalan

Signato

Elias Andrea Ujang

Witness

9

Kpaile

Gabriel Unango Uguen

Signatory

Paul Kamilo Dufan

Witness

10

Alur

Adhal Kot Kon

Si ato

Uchalla Dhal Nyabang

Witness

11

Wau Bai

Athain Akuei Athain

Signatory

Mawein Wol Lony

Witness

12

Alel Thony

Jamus Wol Achuil

Signatory

Isarbino Amet Makuac

Witness

Ton• State

1

Man Alor

Arou Kon Arou

Signatory

Alphonsio Mawein Arou

Witness

2

Tonj

Aru Athian Aru

Signatory

Marko Mabior Ajiec

Witness

3

Warra

Ayii Agiu Kuot

Signatory

Kieu Athian Manoi

Witness

4

Pagol

Mathuc Madut Mawein

Signatory

Marko Mabior Ajiec

Witness

5

Yar

Cikom Ayiei Cikom

Signatory

Marko Mabior Ajiec

Witness

6

Thiet

Parum Malek Akuien

Signatory

Akot Mathiang Deng

Witness

7

Jak

Kur Malek Mathok

Signatory

Marko Mabior Niec

Witness

8

Kirik

Mawein Mayol Mawein

Sinatory

John Maker Lon

Witness

County

Name, title

Signatory/w itness

Gogrial State

County

Name, title

Signatory/w itness

1

Kuac South

Abraham Nyok Madut

Signatory

Chol Yuot Chol

Witness

2

Kuac North

Deng Ajiek Agoth

Signatory

David Ayok Akook

Witness

3

Aguok South

James Kuc Baak

Signatory

Joseph Manut Yel

Witness

4

Kuac West

Wek Deng Ariech

Signatory

Joseph Ngong Ngong

Witness

5

Kuac East

Akol Ayii Madut

Signatory

Malueth Mayen Wol

Witness

6

Buoyar

Madut Teng Agany

Signatory

Madut Adup Majok

Witness

Observers during the MBA Review Conference:

S/no

Name

Organization

Designation

Signature

1

Sam Muhumure

UNMISS

Head of Field

Office, Wau

2

Orasio Opiyo

PRWG

Coordinator

3

Ariech Deng Ariech

TOCH

Representative

4

Thiep Mayuot Deng

NRC

Representative

5

John Lupo Ucin

Malteser Int.

Representative