Intercommunal violence in Jonglei State: from restitution to revenge –
By Adam Hyde



February 28, 2012


Pastoralism is the dominant economic activity of South Sudan’s
conflict-prone Jonglei State. It is so critical to livelihoods that it
has shaped cultural practices throughout much of South Sudan. Though
violence is not new to these areas, a striking feature of the
post-independence South is a stark increase of violence and conflict
along pastoral community lines. For instance, in the first two weeks
of February 2012, there have been at least 12 violent inter-communal
incidents in Jonglei alone, killing around 60 people and wounding
38[1]. The backdrop of this is the heavy loss of life, theft and
destruction of property, and the displacement of tens of thousands of
people from their homes and villages, in preceding months.

In part, the cause of this trend is that in the context of
contemporary South Sudan, traditional means to manage grievances
related to cattle raiding have been eroded. State and federal
institutions appear incapable or unwilling to confront and address
grievances in an unbiased and representative manner. In this context,
violence escalates with each new incident, creating instability and on
that basis limiting the scope for economic development.

Problems in South Sudan

The former Sudan (encompassing what is now Sudan and South Sudan)
emerged from civil war in 2005, brought about by the signing of the
Comprehensive Peace Agreement (CPA). The CPA was designed to
facilitate the transition to self-determination for South Sudanese.
Voting overwhelmingly for separation in a February 2011 referendum,
the South declared independence on 9 July 2011. Yet, still in its
first year, South Sudan appears to oscillate between progress and
regression. A number of objectives contained within the CPA remain
outstanding, including border demarcation, citizenship, and oil
revenue sharing with the North. Each of these factors presents a
unique and significant challenge and require resolution if Sudan and
South Sudan are to realise sustainable peace internally and
regionally. Interestingly, these challenges have overshadowed
characteristics of South Sudan’s domestic political economy that also
present daunting challenges to stability. The most salient of these
considerations is the political economy of pastoralism.

Cattle keeping and traditional justice

The characteristic of pastoralism that receives most attention in
media accounts of violence is cattle raiding. Cattle theft has long
been considered within Southern Sudan as an accompanying feature of
the pastoral way of life. Its acceptance within the economy was
facilitated by the existence and enforcement of a traditional system
of justice. This system regulated violence by providing mechanisms for
the management of grievances through the negotiation and award of
compensation or restitution by the family, rather than by individuals.
Such systems have historically been utilised in many pastoral
societies and serve to reduce violence by more widely distributing
responsibility for checking such behaviours across a group. The amount
or ‘degree’ of compensation or restitution depended on the specific
nature of any individual incident[2].

Escalation

The period since the signing of the CPA has created important
challenges to these traditional measures governing theft and violence
within the pastoral communities of Jonglei. Not least are the problems
associated with high rates of small-arms ownership by pastoralists,
being a legacy of the Civil War and a vibrant small-arms trade across
Jonglei’s domestic and international borders. Broad-based small-arms
ownership means that individuals often perceive they can seek
retribution of their own accord and, where they feel traditional
measures will not effectively address their grievances, they may
choose to do so, rendering such traditional mechanisms less effective
still. Likewise, weapons provide a strong incentive for opportunistic
theft. The result has been the proliferation of inter-communal
violence such as through unregulated revenge or reprisal attacks
against those individuals or groups deemed to have instigated theft or
attacks. However, this does not adequately explain why these attacks
have targeted non-combatants with increasing brutality, particularly
women and children. The escalation of the violence requires further
analysis of evolving South Sudanese institutions and the role
ethnicity plays within these institutions.

Politics matters

The recent de jure creation of South Sudan consolidated the power of
the state’s dominant ethnic group – the Dinka Bor. This outcome is
understandable considering that it was the Dinka Bor, an ethnic
sub-group from the Bor region of Jonglei, who first declared war
against the Khartoum government in 1983 and who led a rebel movement,
The Sudan Peoples Liberation Movement/Army (SPLM/A) that ultimately
delivered independence. On this basis, many of the positions of power
in Juba, as well as in Bor, are held by, or perceived to be held by
Dinka Bor affiliated with the SPLM.

In itself, this consolidation of power should not necessarily be a
problem. However in South Sudan, there exists a perception that public
offices are manipulated for the gain of ethnically based patronage
networks, and these views are based on the perception that often,
state and national government institutions bias justice and allocation
of resources according to ethnicity. As a consequence, strong
grievances across ethnic groups have developed, and have undermined
traditional justice systems now perceived as tainted by corruption and
bias. In the context of fractured traditional institutions, to prevent
violence, individuals and groups need to see grievances addressed
within a new code of justice and political organization that citizens
can trust and access.

Where implementation of a new code of justice fails, whether by a
failure to negotiate and convince or where it cannot be enforced
militarily, violence is likely to escalate. In Jonglei, the perception
and practice of power and resource allocation based on ethnicity and
the consequent reputational damage to traditional justice measures,
significantly contributes to the underlying reason for a change in the
nature of conflict toward more deliberate attacks. When one group is
attacked, but fails to receive redress for their losses, they then
perpetrate an escalated attack against their attacker, and so forth.
It is this escalation that has driven up targeting of women and
children. This will continue to be the case until at least in part
there is a balanced justice measure trusted by all parties to
violence.



Prospects

There are myriad and urgent considerations that command the attention
of the South Sudanese government, not least of which are the on-going
negotiations with the North. Still, a strong case can be made that
given the aforementioned dynamic and cycle of escalating violence, the
opportunity cost of not addressing the causes of conflict in Jonglei
is too high. Ignoring these cleavages is not a realistic proposition
in the short-medium term if South Sudan is to stabilise. Yet, given
the current shape of government leadership, there may be insufficient
will, let alone capacity, to address grievances in the foreseeable
future.

Conclusion

It remains to be seen whether pastoral based socio-economic
organisation is reconcilable with peace and stability in the context
of Jonglei. But to help address the causes of violence and to better
inform policy for international assistance in South Sudan, more
systematic analysis of the conditions (including the natural
environment) that have resulted in local settlement patterns,
production, means of exchange, and justice systems will be essential.
Such analysis will enable a fuller understanding of the social
mechanisms and economic strategies that have historically assured food
security and distribution, even in times of scarcity in Jonglei.
Jonglei’s pastoral political economy represents myriad governance
challenges. In the absence of pragmatic solutions to these challenges,
and around managing the breakdown of traditional mechanisms,
stability, as a precursor to economic development, cannot be achieved
in South Sudan.

Adam Hyde is a PhD candidate in International Development at the
London School of Economics. The focus of his current work and research
is South Sudan.


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[1] OCHA, South Sudan, Operational update as of 13 February 201 – Jonglei Crisis


[2] For instance, an award witnessed by the author in Duk County in
Jonglei in May 2009 saw a ratio of 2:1 used for cattle theft – that is
– two cattle payable for every one stolen – if the perpetrator(s) is
identified and reprimanded. Regarding physical violence, 50 cattle
might be payable if a perpetrator is deemed to have committed murder
or 25 if manslaughter. Payment norms are, however, rapidly evolving in
South Sudan and have become increasingly integrated with state-based
mechanisms.

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