A
RECORD OF THE
CHUKUDUM CRISIS PEACE CONFERENCE
WHICH TOOK PLACE IN
Nakwatom
Kapoeta County
Equatoria
Region
New
Sudan
BETWEEN THE
8TH
& 12TH of August, 2002
A CONFERENCE OF
RECONCILIATION AND HEALING
BETWEEN
THE DIDINGA PEOPLE
AND
THE SPLM/A
WITNESSED
BY THE
PEOPLES
OF KAPOETA,
TORIT
AND MAGWI COUNTIES
AND
REPRESENTATIVES FROM
THE
DINKA COMMUNITY
1.
CONFERENCE BACKGROUND, PURPOSE AND PROCEDURES
The
relationship between the Didinga community and the military
authorities in the Chukudum area (Budi County, Equatortia Region)
have been tense for many years.
However, the situation deteriorated dramatically from 1998/9
onwards, including the tragic killings of both civilians and
military personnel. Since
1999, a number of senior delegations have intervened to mitigate and
resolve the situation. While
these initiatives managed to address some of the issues underlying
the strife, they failed to abate the tensions and bring the
antagonism to an end. Many
issues are attributed to the causes of the conflict; security
concerns, governance systems, socio-cultural factors and economic
interests. The
situation has been further exacerbated by the general conditions of
war and until recently, the proximity of Kapoeta town when it was
under the control of the government of Sudan.
In
response, a special request was made to the New Sudan Council of
Churches (NSCC), in association with the Horn of Africa Centre for
Democracy and Development (HACDAD), to convene and facilitate a
special conference between the parties to address the underlying
causes. Conference
preparations were undertaken by the SPLM and NSCC and after a series
of unavoidable postponements, it finally took place between the 8th
and the 12th of August at Nakwatom in Kapeoeta County.
Excellent conference facilities and accommodation were
provided by the Sudanese NGO Wudrans, much to the expressed
gratitude of the participants.
At
the request of the attending delegates, the meeting was re-named
the Chukdum Crisis Peace Conference (CCPC) in order to reflect more
accurately what was believed to be the central nature of the
deliberations, namely; the contention between the Didinga people and
the SPLM/A. From the beginning, the participants emphasised resolutely
that the conflict was not between the displaced and host communities
in the county (though it was acknowledged that the underlying
problem was both affecting, and being influenced by, numerous
inter-ethnic relationships). The
purpose of the conference therefore was to promote reconciliation
and healing between the Didinga and the SPLM/A authorities and
formulate practical recommendations to rebuild confidence and trust
and ensure relationships will not be allowed to deteriorate in the
future again.
Over
170 delegates attended the meeting and included representation from
Didinga, Toposa, Lotoko and Dinka communities and included SPLM
civil administration representatives from Budi, Kapoeata and Magwi
counties. The General
Secretary of the SPLM and the Regional and deputy Secretary for
Equatoria represented the SPLM/A leadership and numerous SPLA
officers were in attendance. Representatives
from communities displaced from their home areas in the Bor area
(Upper Nile), and presently residing in New Cush, Chukudum and Narus,
also attended. Community
leaders from Bahr el Ghazal who partook in the 1999 West Bank
Nilotic Peace Conference (Wunlit), also participated as special
observers. Other
observers came from the Diaspora, i.e. Canada and the SPLM offices
in Britain (see appendix for full list of attendees).
The
conference was opened by Cdr. James Wani and spiritual encouragement
was offered by Bishop Paride Taban and other church leaders.
The proceedings were marked by an open and frank debate and
followed a straightforward methodology.
Once the purpose of the conference was clarified, delegates
were invited to speak unreservedly about their grievances and
without interruption. Priority
was given to the Didinga and SPLM/A representatives.
Misdeeds and offences from the past were voiced in public and
a broad range of issues were raised.
On the second day, the SPLM Regional Secretary for Equatoria
acknowledged that mistakes from the SPLM/A were at the root of the
problem and one of high points of the meeting was when the SPLM
General Secretary asked the Didinga people to forgive any
transgressions of the movement.
Following the two days of deliberations, the main issues
raised were gathered under seven dominant themes and presented back
to the conference for verification and further small group
discussions. The
results from the group work were presented back to the plenary and
amended where appropriate before they were finally approved and
edited as conference resolutions. The conference concluded through
the symbolic signing of a joint declaration between the two main
parties; seeking pardon and reconciliation and publicly pledging
themselves to undertake practical measures to ensure good
relationships are restored and harmony sustained.
2.
THEMATIC ISSUES RAISED DURING THE CONFERENCE
The
conference heard many testimonies from the past and it became
apparent that there was a major breakdown in trust between the
parties. The Didinga
spoke of growing tension by the presence of the military over the
years, including incidents of violence, harassment and killings.
The fact that previous attempts to address the crisis had
failed to transform the situation had deepened the suspicion and
divisions further. The SPLA also met with loss of life and they
expressed deep concerns over how the security of the area had become
endangered as a result of the fall-out between the parties.
It was also learnt how the lack of an effective mediation and
judicial mechanisms caused the situation to deteriorate further,
sometimes to the level of reckless revenge and retaliation.
The following outlines the seven main themes discussed by the
conference.
2.1
TRUTH, JUSTICE & RECONCILIATION:
The
Didinga community asserted that violations had occurred with
impunity over the years, causing a devastating effect on the morale
and confidence of the people. The
SPLA also believe that there are cases where they have been
aggrieved. The central
issue under discussion was on how to atone the past and effectively
accomplish reconciliation: whether particular cases from the past
should be given an inclusive amnesty; or whether the truth of some
of the offenses be investigated and made public; or whether
perpetrators are tried and brought to justice.
The debate was deeply influenced by the offer of amnesty made
to Cpt. P. Lorot by the SPLM General Secretary, Cdr. J. Wani, based
on the SPLM directive signed between the SPLM Chairman and C-in-C of
the SPLA, Dr Garang De Mabior, and the Chairman and C-in-C of the
SPDF, Dr Machar Teny-Dhurgon (Addendum 1 N°8: Implementation of the
Nairobi Declaration on Unity, February, 2002). It states, ‘In order to enhance the process of Peace, Unity
and Reconciliation of our people, amnesty is hereby declared and
granted’.
2.2.COMMON
STRATEGIES FOR DEALING WITH MILITIAS :
Despite
the recent liberation of Kapoeta town, the conference was reminded
that the threat of hostile militia activity remains in the area and
could increase if opportunities present themselves to the enemy.
The conference stressed the need for a common understanding
and strategy between the people of Budi County and the SPLA to
ensure opposing forces don’t take root in the wider area.
In particular, it was agreed that the case of the disaffected
officer previously with the SPLA (Capt. Lorot) required careful and
urgent management.
2.3
LESSONS FROM PAST PEACE INITIATIVES:
Despite
a number of initiatives in the past to resolve the conflict between
the Didinga people and the SPLA, results have been mixed and
evidently insufficient in resolving the crisis.
The meeting therefore examined the lessons from these
previous peace delegations so that the present conference could
learn accordingly. In
particular, the impact from the resolutions prepared by the National
Mobilisation & Reconciliation Commission (24th of
February 1999), were reviewed.
The key shortccomings were attributed to the lack of a
designated body to follow up the implementation of the resolutions,
the lack of specific time frames for implementation, and the lack of
a mechanism or third party body to monitor progress.
2.4
MILITARY DISCIPLINE AND SENSITIVITY:
The
discipline and management of the army in Budi County was discussed
as an aggravating factor to the conflict.
The conference agreed that continued progress in regulating
such issues will positively contribute to better relationships
between the military and civilians in the county.
Military issues previously identified included:
§
controlling the many ‘body guards’ in the county under one command;
§
transferring known ‘troublesome’ officers to other areas;
§
strict control over un-authorised trading activities;
§
deploying an acceptable ethnic balance among the officers in the area.
2.5
ADDRESSING THREATS TO THE COUNTY’S SECURITY:
There
are a number of contributing factors making Budi County and its
surrounding area insecure, and therefore creating obstacles to local
production and development. As
a matter of urgency, the conference focused on how to create a safe
and stable environment for its citizens and visiting assistance
organisations. Examples
previously identified, and stressed by the conference, include: the
number, procedures and conduct at road blocks; the continued
presence of land mines proximate to the town; the incidences of road
ambushes; the frequent theft of small weapons for sale in illicit
markets. The issue of inter-communal conflict between the Didinga and
other ethnic groups was also raised (in anticipation of follow up
peace conferences in the area).
2.6
STRENGTHENING LAW AND ORDER IN BUDI COUNTY:
The
conference also recognised that the local institutions of law and
order are weak and have been undermined by the crisis in Chukudum.
The county is lacking an effective civil judiciary and police
force and the lack of separation of functions between the military
and civil judicial institutions was discussed.
2.7
ATTRACTING SOCIAL SERVICES TO BUDI COUNTY & CHALLENGNG THE
CIRCULATION OF INACCURATE RUMOURS ABOUT THE AREA
Another
negative consequence to the Chukudum crisis has been the dramatic
decline in social services and development activities over the years
– partially due to the forced withdrawal of development and
humanitarian agencies. This
situation has been a source of anger and suspicion in the community
and been compounded by the manufacture of incorrect rumours in
Nairobi and the Diaspora generally. The conference discussed how
this situation might be reversed and the role key organisations can
play.
3.
CONFERENCE DECLARATION AND RESOLUTIONS
NAKWATOM
KAPOETA
COUNTY
EQUATORIA REGION
NEW
SUDAN
A
DECLARATION OF RECONCILIATION AND HEALING
BETWEEN
THE DIDINGA PEOPLE
&
THE SPLM/A
AND
WITNESSED BY THE PEOPLES OF KAPOETA, TORIT
AND
MAGWI COUNTIES AND REPRESENTATIVES FROM
THE
DINKA COMMUNITY
12
August 2002
Under the auspice of the New Sudan Council of
Churches [NSCC] and HACDAD, and with the full support of the SPLM/A
leadership, over 170 people assembled in Nakwatom (the place where
the white elephants gather) to revisit the causes of conflict that
are troubling the Didinga people and the SPLM/A for the past 16
years, and declare a new start in reviving a positive relationship
between the SPLM/A and the local population in Budi County.
DECLARATION:
We,
the undersigned people of Didinga and the representatives of the
SPLM/A, commend this conference for opening up a fresh opportunity
for peace and reconciliation, and beginning a new process of healing
between us. Having
listened to all our deliberations and perspectives, we acknowledge
and regret the shameful loss of life, suffering and destruction of
property that has occurred over the years and ask forgiveness for
the suffering caused to our loved ones, relatives, and the community
at large. We all share
the blame for yielding to ‘blind revenge’ and thus intensifying
the crisis, but we pledge today to forgive one another and open a
new chapter.
We
believe we have proved to one another that through honesty and
genuine openness, we can unite and solve our own problems.
We make a pledge therefore to implement the spirit and
resolutions of this conference as a practical challenge that will
reflect our collective will to build a new, independent, free, just
and peaceful nation for all southern Sudanese in the five regions of
the New Sudan.
In
this regard, we, the leaders
of the SPLM/A, are encouraged by the long-standing commitment of
the Didinga people to the liberation struggle and we are grateful to
them for hosting the army and numerous displaced communities, over
the years. We would
like to apologise unreservedly to the Didinga people for any wrongs
committed against them by the movement and we are determined to
implement the resolutions of this conference and make practical
measures to improve our relationships with the community.
On
our side, we the people of
Didinga take as a sign of assurance and leadership the
acknowledgement by the SPLM/A that the root causes of the problems
have been caused by the conduct of elements within the army over the
years. We accept the
apology offered by SPLM/A and also acknowledge any wrongdoings that
might have been caused by our people against the movement during the
Chukudum crisis. We
resolve to improve our relationship with the movement and to work
together in pursuit of our common goal.
Together,
we believe that healing and trust can be restored through greater
openness, dialogue and accountability in the county and the
determined efforts to implement the resolutions listed below. We ask
NSCC and all the witnesses and observers of this conference, to
support the implementation committee and accompany us in solidarity
to bring peace and stability to Budi County and the surrounding
areas:
Signed:
Signed:
Johnson
Juma Okot
Chief Lino Atiolmoi
SPLM/A
Deputy Regional Secretary
Didinga Community
For
Equatoria Region
Witnessed
by:
Telar Deng
Peace
& Advocacy Coordinator
New
Sudan Council of Churches
RESOLUTIONS AND RECOMENDATIONS OF THE CONFERENCE
The
following resolutions were endorsed by the conference.
While all of the conference recommendations are deemed
critical in restoring confidence and trust,
the delegates from Chukudum were particularly keen to see
rapid progress in i) the removal of mines, ii) the sensitive
management of the Captain Lorot case, iii) the continued re-organisation
of personnel within the army (in terms of improving the ethnic mix
of officers and transferring individuals associated with past
controversies), and iv) the conditions necessary to attract back
organisations to assist with needed humanitarian and development
services in the area. The
County Secretary is expected to call the first meeting of the
implementation committee shortly after the conference and begin the
process of drawing up in more detail the mechanisms and a timetable
for making the conference resolutions operational.
3.1
The conference delegates affirm that, for the sake of peace
and reconciliation, and given the general amnesty granted to all
through the February 2002 agreement between the SPLM/A and the SPDF
(Addendum 1), that past crimes and human rights abuses committed by
either the SPLA, militia groups, gangsters, organized groups or
individuals in Budi County be pardoned.
3.2 The conference recommends that the initiative already started to encourage Capt. Peter Lorot and his cohorts to reconcile and return to their community be continued, in the understanding that a general amnesty has been declared and their security has been pledged. The conference further recommends that membership of the committee to follow up this task be sensitively chosen around the existing delegation already undertaking the task.
3.3 The conference reaffirms the common interest of all parties in Budi County to work towards the elimination of hostile elements and organised militias from the area through the following measures:
§
by
forming a committee to negotiate with the heads of the militia to
abandon their stand and to reassure them of their security;
§
by
devising appropriate policies to integrate militias into the SPLA
since the general amnesty applies to them and their
communities;
§
by
improving communication, building confidence and raising awareness
among hostile groups in Budi County so that they will refrain from
military activity in the future;
§
by
calling upon every chief to ensure that militia activities are
rooted out of their areas of jurisdiction;
§
by
ensuring that militias relinquishing their activities are provided
with a copy of the amnesty and supported through the provision of food
items, blankets, cooking pots and other appropriate services to
assist their transition and re-integration into the community and/or
the movement;
§
by
the provision of transport and
logistical support to the local monitoring committees
responsible for the transition process by organisations such as the
DoT, NSCC and other NGOs.
These tasks will be overseen by a transition and monitoring committee, made up of the following members:
§
Commissioners
from Budi and Kapoeta Counties.
§
Elders
& Chiefs
§
Army
representative
§
Police
force
§
Political
representative
§
SRRA
representative
§
IDP
representative
3.4
Following a review of the resolutions of the National
Mobilisation & Reconciliation Commission, (24th of
February 1999), the conference recommends that the provisions not
yet fully implement be immediately acted upon as a public sign of
confidence building between the SPLM/A and the Budi County
community. According to their original numbers, the outstanding
recommendations for full implementation are indicated below:
N° 3
“… that those [bodyguards] who have been in Chukudum for
over two years should
be transferred.”
N° 5
that “Sector One command must provide food and ammunition
[for mobilised
recruits] to avoid frustration and desertion of
mobilised forces.”
N° 6
that the practice of trading has “greatly affected the
efficiency of the army” … and
should be replaced through “the establishment of
army cooperatives and other income generating activities …”.
N° 7
that following the re-organisation of road blocks, that
“Sector One Command to
immediately arm the present police-force that has
been trained by the county authorities.”
N° 8
that property looted from individuals and local/international
NGOs be recovered
through the “formation of a committee to control
and recover …” items.
N° 11
that the “Didinga community [works] closely with the army
to track down common
criminals known as mujirimoi.”.
3.5
The conference recommends that all Didinga soldiers loitering
in the villages be brought together and deployed in various areas.
3.6
The conference calls on the SPLM/A to ensure there that is
greater ethnic diversity among the officers and commanders in the
area.
3.7 The conference
recognises the need for roadblocks in the county for the purposes of
security and revenue collection, but recommends that;
a)
they
are restricted to the following locations:
§
New Cush (border Kapoeta / Budi county)
§
Kikilai (Kadepo
/ Chukudum)
§
Chukudum
§
Budi (Kapoeta /
Torit Junction)
§
Moyo Shukun (Kanangurok / Uganda border)
b)
they are managed by trained
and informed personnel from the police and revenue authorities so
that they are courteous to the public, and are aware of and apply
the current taxation schedule for the New Sudan.
c)
any revenue collected must be
issued with a legitimate SPLM receipt (form 15) as local receipts
are invalid.
3.8 The conference calls upon the appropriate authorities within the SPLM, with assistance from SIMAS and OSIL, to urgently clear all mines in the Chukudum area from September 2002 and be completed before the next planting season. It is recommended that this process is accompanied by mine awareness – especially for the children in the area.
3.9 The conference calls for immediate measures to be taken by the SPLM/A and the local community to remove the threat of ambushes from the area, by;
§
the SPLA, the police force and the home-guards
undertaking constant patrols on the roads;
§
co-opting the local chiefs to cooperate and
coordinate with the security authorities to apprehend known
culprits;
§
targeting the youth within the community and setting
up youth committees so that they can resolve rather than contribute
to the problems of road ambushes;
§
establishing effective prison facilities in order to
detain apprehended culprits;
§
making the community aware about dangers of road
ambushes and requesting their assistance to cooperate in finding a
solution.
3.10 The conference calls upon the SPLM/A and the local authorities to control the theft of small weapons in the area by;
§
developing
harsh laws and deterrents against the theft of small weapons;
§
apprehending
the criminals and issuing heavy punishment;
§
locating
and destroying small weapon markets.
3.11 The conference recognises the primary role of the civil administration and supporting traditional institutions to administer justice and maintain law, order and stability in the county, and recommends;
§
a
programme to strengthen the capacity of civil and customary
institutions administering
justice, law and order;
§
the
establishment of proper job descriptions to avoid the unnecessary
overlapping of powers;
§
the
establishment of a rudimentary police force;
§
the
establishment of a prison forces;
§
the
provision of uniforms and arms for these civil forces;
§
the
building of proper prisons;
§
NSCC
to assist in the establishment of para-legal training in the county;
§
that
NSCC, the DoT and the SRRA assist the civil administration in
acquiring radio
communication
§
the
full implementation of the law;
·
that
the Didinga community cooperate with the law and order enforcement
institutions in
Budi County;
§
that
the military authorities actively support and respect their
obligations and the functions of
the civil system.
3.12 The conference calls upon the local authorities and other specialist agencies (such as NSCC and DoT) to urgently initiate a process of conflict resolution and peace building to address inter-communal and inter-ethnic conflict in the east bank sub-Region (such as cattle raiding).
3.13
The
conference strongly recommends to the SPLM, SRRA and other relevant
international organisations circulate a statement explaining that a
peace conference has taken place and that the crisis between the
SPLM/A and the Didinga community has been peacefully resolved.
3.14
The conference requests all agencies to verify security
information with the local authorities before it travels from the
county to Loki, Nairobi or the internet.
3.15 The conference calls upon all agencies associated with the area to support a request from the county officials for international organisations to make an assessment of Budi County so that they can support peace through development activities. In particular, the conference requests;
§
SRRA to improve their reporting system from the
county and for SRRA HQs to advocate for assistance in the area
without delay;
§
DoT to resume its services and continue to preach the
spirit of peace;
§
CDS to spearhead llocal planning with the civil
authorities;
§
NSCC to follow up the imlementation of the
recommendations.
3.16 The conference recommends the immediate formation of a committee to oversee the implementation of the conference resolutions and to report bi-annually to the Regional Secretary for Eastern Equatoria, the local SPLA and civil authorities and community representatives on the progress being made. The committee should include representatives from the local authorities, the military, community and traditional leaders, DoT (names will be confirmed by the Budi County Secretary before the end of August, 2002).
3.17 The conference appeals to all agencies to support the various committees overseeing the peace process (especially with transport), so that they can follow up their activities in a timely manner.
3.18 The conference calls upon NSCC to assist the peace committees with technical assistance and provide independent follow up monitoring on the conference’s resolutions by;
§
making
a visit within three months to assist the committee in devising an
operational plan for the implementation of the resolutions;
§
making
three subsequent follow up visits to monitor progress every quarter;
§
making
a brief progress report for circulation to the relevant authorities
and representatives.
SIGNATURIES AND WITNESSES TO THE RESOLUTIONS