Resolutions of Oguruny and Haforiere
Peace and Reconciliation Dialogue
13th-15TH DECEMBER 2018
Resolutions on Peace and Reconciliation Dialogue,
Between Oguruny and Haforiere
13th -15th December 2018, Hiyala-Torit East County
- Ending conflict and violence
The two communities of Haforiere and Oguruny accepted to:
- Cease hostilities, end the vicious cycle of violence, reconcile and live in peace with each other
- Guarantee safe and free movement of people and interaction of indigenous population, including women, people with disability and children.
- There shall be no more revenge killing and cattle raiding or any form of violence between the Communities of Haforiere and Oguruny as of 15th December 2018.
- Any person or group of persons who shall contradict paragraph (1) above shall be individually or as a group held accountable according to the prevailing laws of South Sudan to bring about justice.
- Compensation of Victims, looted / damaged property, Cattle Raided and wounded persons
- There must be compensation of all the victims, looted/damaged property and cattle/goats/sheep raided during the conflict as of 16th August 2016-15th December 2018.
- The mode of live compensation shall conform to the following tradition or system of marriage:
- Oguruny marriage system rates16 cows and 60 goats.
- Haforiere marriage system rates 16 cows and 80 goats).
- Badly wounded person rated at six (6) cows
- Fairly wounded shall be determined by the communities’ representative much as the wounded is satisfied with the determined value of compensation.
- Both parties agreed to adopt Oguruny system of marriage:
- Sixteen (16) cows and sixty (60) goats)
- Where the perpetrator has no goats, the sixty (60) goats can be equated to six (6) cows; ten (10) goats are equivalent to one (1) cow.
- Where the perpetrator has no cows, he/she pay 220 good goats/sheep; usually a mixed of goats and sheep. (16 cows are equated to 160 goats plus 60=220 goats
- Persons named herein attached for having killed intentionally or on self-defense during the conflict shall compensate 22 good (health and not old enough) cows on the 20th January 2018 effective from the 16th December 2018.
- Any person(s) who has kill or shall kill on revenge after the agreement of 30th April 2017, 15th December 2018 and beyond shall compensate the family of the deceased:
- 22 good cows
- 5 cows
- 2 bulls, and 2 He-goats for the funeral and for the last funeral rite
- Ten (10) tins of sorghum to cater for the funeral expenses and
- Shall further be held accountable before statutory court of law.
- The communities from Bari and Omorwo shall do everything possible to identify perpetrators of all the named victims, for them to assume personal responsibility for compensating the families of the victims. However, if they fail to identify and produce the suspects, the Monyomiji of either party shall collectively compensate the families of the victims as per agreed customary practice in (2) paragraphs c) and d) above.
- The Monyomiji of either party shall grant protection to all the accused who shall accept to compensate and allow them to pay condolences to the families of the deceased should they wish to do so.
- Wounded Persons
- Any person named for having wounded intentionally or on self-defense shall compensate six (6) good (healthy and not old enough) cows to the wounded or representative of the wounded.
- Where the part wounded is minor, the compensation committee and the Monyomiji of either party shall recommend a reasonable value of compensation based on best traditional practices of dispensing justice.
4. Property Lost/damaged
- The Monyomiji of Haforiere under the leadership of the chief and the compensation committee shall make sure that the community of Haforiere return or compensate the looted 2 big and 2 medium brewing drums and its accessories to the rightful owner named in the Annexes from Oguruny
5. Cattle and Goats/Sheep Raided
- Persons named to have raided cattle or goats shall honestly return the exact number cattle and or goats without changing and with their calves or kids/lambs.
- Any cattle or goats/sheep raided but the raider(s) is/are not known, the Monyomiji were the raider(s) come from shall collectively return or compensate the exact number of cattle or goats/sheep raided with their calves/kids/lambs if any has given birth.
- Any cattle or goats/sheep raided by unknown, but identified someone’s stable, the owner of the stable/kraal shall take responsibility and must return the raided/goats/sheep or cattle without any excuse otherwise. The owner of the stable/kraal must still name the suspect(s) if it were not him/her.
- Compensation of Victims, looted / damaged property, Cattle Raided and wounded persons collectively by whole community
- Where a suspect(s) who either killed, wounded a person on self-defense or revenge attack, or looted property or raided cattle is/are not identified by either parties, the whole community of either Oguruny or Haforiere shall assume responsibility of compensating the relative the deceased or the wounded or the owner of property and or cattle.
5. Protection to the Accused/Suspects
- The Monyomiji of either party shall grant protection to all the accused who shall accept to compensate and allow them to pay condolences to the families of the deceased should they wish to do so to encourage family-level-peace making and reconciliation.
6. Guns taken during the conflict and Handed over to County authority but not handed to the right owners
- Persons named to have taken guns from those shot dead or wounded during and or after the conflict must surrender the guns to the chiefs without changing as agreed on 30th April 2017.
- The county authority shall investigate on the three (3) guns handed over by the Chief of Oguruny in 2017 so as to be given back to the families of the deceased for self and property defense.
- Obiala shall retrieve the gun he sold to Oker and handover to his cousin Sebit Amanya
- Kelideng Omiluk shall compensate one (1) cow and one (1) bull to the family of late James Oliwa for the gun of Oliwa he sold for treating himself.
7. Establishment of Truth-Telling, Compensation and Reconciliation Committee
- A committee called Truth-Telling, Compensation and Reconciliation Committee shall be established in Oguruny and Haforiere to facilitate truth-telling to bring about individual/collective acceptance of responsibility of crime(s) committed between the period of 16th August 2016-15th December 2018.
- The overall mandate of the Truth-Telling, Compensation and Reconciliation Committee in their respective locations shall be to:
- Make the community aware of the provisions of the resolutions
- Hold their own meetings for engaging suspects/representatives of suspects or victims
- Sit with or invite suspects or representatives of suspects or victims
- Offer cancelling to the traumatized suspects, wounded or representatives of the deceased.
- Lead the implementation of the Truth telling, Healing, Reconciliation and Compensation process as agreed in these resolutions
- Verify names of suspects,
- Receive plea submissions from the suspects from both communities of Oguruny and Haforiere.
- Receive testimonies from eye witnesses to confirm or reject the accusation where the suspected claim to be innocent or not responsible for killing/wounding victim(s) or looting property or raiding cattle.
- Report to the Monyomiji, Chief, Mediating team (SARRA and Saferworld) and County Commissioner on the progress and or deviations of the implementation of these resolutions.
- Co-opt any member from the community or neighborhood to help them in their work.
- The Monyomiji and other community members shall be encouraged to provide information about identified and unidentified suspects from both parties.
8. The Truth-Telling, Compensation and Reconciliation Committees on either parties shall comprise of eleven (12) members as follows:
- Nine male and three females from Oguruny
- Nine male and three females from Haforiere
9. The three landlords of Oguruny (1) and Haforiere (2) agreed to lead the process of genuine truth telling, healing and confidence building
10. The three Landlords in paragraph e) above mediated by the Landlord(s) of Hiyala under the Rainmaker or King of Hujang Kingdom shall lead the final Community and Family level reconciliation and Exchange Visits between the two communities
11. The county authority, Truth-Telling & Compensation Committees and Monyomiji of either party shall follow up and facilitate the implementation processes of these resolutions to bring about sustainable peace between the communities and their neighborhoods.
12. Whoever contravenes any provisions of these resolutions, the government concerned shall take a decision against him or her and the decision taken shall be binding, final and respected by the parties and other stakeholders.
Made under our hands, this day 15th December 2018 in Hiyala.
Signatories to the Agreement
Represented and Signed by
JOHN OJIOK MICHAEL ABADI SALLY
Representative of Monyomiji Representative of Monyomiji
AURELIA ASAYUK REGINA VALIRIANO
Landlord of Haforiere-Fwarra Landlord of Oguruny
ADELIO OTTURO OCHO
Landlord of Haforiere-Haworu
MATOROBIO ONGIARA RISIO OTTIDA ORESIO
Chief of Haforiere Chief of Oguruny
Represented and Signed by
OJORE MARTIN GALDINO OHIDE
Representative of Imatari, Hiyala Monyomiji Chief of Hiyala
Landlord of Hiyala-Imieni
GAITANO OKWAHI MARIANO
Names of the accused during the negotiation and reconciliation between Oguruny and Haforiere on the 29th-30th April 2017 and revised/validated on 13th-15th December 2018
|S/No||Name of the deceased||The Accused||Remarks|
|1.||James Oittelang Silvestro||Odongi Okong||· Odongi Okong has the gun and has accepted to surrender the gun and compensate the family of the deceased 22 cows.|
|2.||James Oliwa Ohide||Kelideng Omiluk||· Kelideng Omiluk has the two guns and he has accepted to surrender the guns and compensate the families of the deceased.
· He sold James Oliwa’s gun for treating himself for the wound James Oliwa shot him. Kelideng accepted to return the Obwa’s gun, compensate the gun of Oliwa with one (1) heifer and one (1) bull and compensate the familes of the James Oliwa and Peter Obwa 22 heads of cattle each.
|3.||Peter Obwa Adolfo|
|4.||Apleo Akole Mulai||Omong||· Joseph Lule was accused but he came up to the peace and reconciliation scene and testify to the monyomiji naming Omong to be responsible for the death of Apleo Akole Mulai because Omong has the gun.
· Omong accepted to return the gun and compensate the family of Aleo Akole 22 cows
|5.||Monir Ajangai||Ottim Okong||· Ottim Okong has the gun. He shot Monir Ajangai at the territory of Haforiere. Monir Ajangai was looking after his goats. Ottim Okong accepted to compensate the family of Monir Ajangai 22 cows|
|6.||Oswaha Okuba||Afatio Achangaya||· Oswaha Okuba was shot at Idolu on the 16th August 2016. His shooting is the one that led the two villages into conflict.
· Afatio Achangaya is accused to have killed him but the monyomiji of Oguruny said when they carried out investigation, Afatio Achangaya denied but named Ohide from Oming to be responsible.
· In the dialogue meeting, it was resolved that Afatio Achangaya must compensate the family of Oswaha Okuba 22 cows and if he has any complain, he has a right to present Ohide to court of law.
|7.||Jacob Ohide||Omwa||· Omwa Okwa Killed Jacob Ohide in Isohe to revenge on his cousin brother Atara Okwa (son of his father) killed by Haforiere. Omwa lives in Isohe. The family of Omwa Okwa shall compensate 22 cows to the family of Jacob Ohide.|
|S/No||Name of the deceased||The accused||Remarks|
|1.||Atara Okwa||Ohuyoro Compeo||· In 2017, Ohuyoro Compeo accepted to compensate the family of Atara Okwa, in December 2018, he denied of killing Atara. The Compensation agreement form was handed to Monyomiji for Monyomiji to engage him for truth telling.|
|2.||Daniel Oburak||Orobo Ohia||· Daniel Oburak the chief of Oguruny was shot dead while attempting to bring the two parties to dialogue.
· At the peace and reconciliation scene, Orobo Ohia denied but mentioned the late James Oittelang Silvestro to be responsible for the death of Chief Daniel Oburak. The mother of James Oittelang disputed Orobo’s denial giving evidence that saying Orobo came to the funeral of her son in uniform armed. It was resolved that Orobo is responsible for killing Daniel Oburak. He has accepted to compensate 22 cows to the family of Daniel Oburak. He signed the compensation agreement document.
|3.||Solomon Kwaitu||Edir Ohuro||· Solomon Kwaitu is a student who was shot at night on his way to Torit.
· In 2017 dialogue, the Monyomiji spoke on his behalf that he accepted to take responsility but on 14th December 2018, Edir Ohuro denied his killing Solomon Kwaitu. But the Monyomiji of Haforiere asked Edir to and dialogue with his team (the other eight (8) guys who were with him at the scene.
|4.||Choilang Oreste||Abahasi Imudang||· Abahasi Imudang had wanted the Monyomiji of Haforeire to collectively compensate but the Monyomiji rejected because he did claim to be responsible for shooting Choilang to death. He has accepted to compensate 22 cows to the family of Choilang Oreste. He did take and filled in the compensation agreement.|
|5.||Dodong Peter||Onongo Omiyang||· The father of Onongo Omiyang accepted to compensate the families of Dodong Peter and Oduho Okeje.
· He will return the gun and compensate 22 cows to the family of Dodong Peter
· He will to return the gun and compensate the family of Oduho Okeje 27 cows, 2 bulls (a total of 31 heads of cattle) and 10 tins of sorghum once.
|7.||Oduho Okeje||Attari||· Attari shall compensate the family of Oduho Okeje half of live compensation for having participated in the shooting and killing of Oduho Okeje.|
Wounded persons on both sides as of 16th August 2016-11th August 2018
|Ottedeny Ollullu||· Ottedeny accepted to compensate 6 cows but as for the extent of the wound, Ottedeny remains responsible should the Itima in future experience any sickness or death resulting from the wounded part effective from 15th December 2018. Itima has forgiven Ottedeny.
· Ottedeny filled the compensation agreement.
|Michael Mujang||· Mujang accepted to compensate Omunung 6 cows. He filled the compensation agreement.|
|10.||Kelideng Omiluk (from Oguruny)||Late James Oliwa Ohide||· The family of Oliwa accepted to compensate Kelideng 6 cows.|
|11.||Lucia Olianga (from Oguruny)||
|· The Monyomiji of Haforiere shall collectively compensate 6 cows to each wounded person.|
|12.||Illuho Lucio (from Oguruny)|
|13.||Kristofa Allam (from Oguruny)|
|14.||Amanay Ohirai (from Haforiere)||Olleya Okoso||· Olleya Okoso has accepted to compensate 6 cows to Amanya Ohirai and Ohirri.|
|15.||Ohirri (from Haforiere)||Olleya Okoso|
|S/No||Names of person whose guns are taken||Taken by||Remarks||Details|
|1.||James Oittelang||Odongi Okokg||Handed to the County authority||· Odongi Okong returned the gun to the chief in 2017 and the chief handed over to the county authority, specifically the office of Commissioner.
· The gun has not been handed to the family of James Oittelang.
· County authority to investigate on whereabouts the gun and handover to the family.
|2.||James Oliwa||Kelideng Omiluk||Sold||· Kelideng sold the gun to treat the wound James Oliwa wouned. He accepted to give one (1) heifer and one (1) bull to the family of James Oliwa.|
|3.||Apleo Akole Mulai||Omong||Handed to the county authority||· Omong returned the gun to the chief in 2017.
· The chief handed the gun to the office of the Commissioner. The gun has not been handed over to the family of Apleo Akole.
· The county authority shall investigate on whereabouts the gun and there after handover the gun to the family in question
|4.||Monir Ajangai||Ottim Okong||Not handed to the chief||· Ottim Okong accepted to return the gun|
|5.||Amanya Ohirai||Obiala||Sold to Oker from Hiyala||· Obiala accepted to return the gun.|
|6.||Peter Obwa Adolfo||Kelideng Omiluk||Handed to the county authority||· Returned the gun to the chief, the chief handed the office of Commissioner. The gun has not been returned to the family of Peter Obwa.
· The county authority shall investigate on whereabouts the gun and thereafter hands the gun to the family concerned.
|7.||Dodong Peter||Onongo Omiyang||Not handed to the chief||· Onongo Omiyang shall return the two guns without changing to the representatives of the Dodong Peter and Oduho Okeje.|
Cows, Goats/Sheep Raided and property stolen/damaged
|Owner of cattle Raided/property stolen/damaged||Type||Number of cattle raided/
|The accused||In the kraal/Zeriba/village of||Date
|Erneo Ohitu||Goats||33||Imahudok (from Hiyala)||Henry Bago
|29/3/2017||These goats were late raided by unknown person(s). (Reported by Chief of Oguruny during validation)|
|Michael Mujang||Cows||12||Omwa||Omwa (in Isohe, Ikwoto County)||20/7/2018|
|Taban Peter Franco||goats||15||unknown||Cuma Mamur
|Fermo Domoro||goats||29||Ohebehebe (Monyomiji of Oguruny)||Not known
|Rafail Ongoro Ben||goats||37||Imahudok (from Hiyala)||Okito
|Ihanga||Big Brewing drums||2||Ohonymorok (Monyomiji of Haforiere)||Haforiere|
|Medium Brewing drums||2||Ohonymorok (Monyomiji of Haforiere)||Haforiere|
TRUTH-TELLING AND COMPENSATION COMMITTEES IN OGURUNY AND HAFORIERE
|S/No||Name||Sex||Position in the community||Position in the Committee|
HAFORIERE TRUTH-TELLING AND COMPENSATION COMMITTEE
|2.||John Ojiok||M||monyomiji||Vice Chairperson|
|6.||Michael Mujang Obel||M||Sub-Chief||Member|
|7.||Ongiara Matorobio||M||Boma Chief||Member|
|8.||Sanabio Tiya||M||Payam Chief||Member|
OGURUNY TRUTH-TELLING AND COMPENSATION COMMITTEE
|2.||Martin Odiongo||M||Monyomiji||Vice Chairperson|
|6.||Risio Ottida Oresio||M||Boma Chief||Member|