this report - South Sudan Humanitarian Project
Transcription
this report - South Sudan Humanitarian Project
Traditional Authority in South Sudan UPPER NILE TEAM B - CASE STUDY 15 JAN - 13 FEB2005 Pibor County, Pocalla County & Twic (E) County Simon Harragin & Nikodemo Arou Man 1. Panyagor Case Study: 1.0 Introduction: Bor county was divided in two in August 2001, and then into Bor, Twic (East1) and Duk Counties in 2003. This reflected the breakdown of the population into Bor Dinka in Bor County, Twic Dinka in Twic County and Ghol and Nyaraweng Dinka in Duk County. The Duk ridge is a ridge of slightly higher ground that escapes the annual flooding from the Nile, and runs from the middle of Twic county north up to Ayod and Mogok. Panyagor is the administrative headquarters of Twic county. Due to insecurity in Duk County and floods that made it impossible to access Bor County, this report deals mainly with Twic county. To the North, the Dinka are neighboured by the Gaawar Nuer and to the East by Murle. Relations with these groups have often been poor. Murle raids against the Bor Dinka provoked the Anglo-Egyptian government to enter Murle territory for the first time in 1908 and, following the failure of that patrol, to send a full-scale punitive mission four years later that killed 146 people (Collins 1960: 51). This put an end to raiding until the end of the colonial period but it resumed soon afterwards and continued throughout the war with many Dinka killed and children abducted. Relations with the Nuer also deteriorated after independence, and reached their lowest point in 1991-2 when the SPLA split and Nuer SPLANasir troops took the whole of Bor decimating local cattle populations and causing the flight of the population to displaced camps in Equatoria and beyond. The last few years have seen visible improvements in Twic areas. Cattle numbers have increased with bridewealth levels approaching pre-1991 levels2. Many displaced people have returned and areas that were previously depopulated are beginning to be resettled. Recentlybuilt tukls are everywhere and the market in Panyagor hugely expanded. 1 2 Not to be confused with Twic (West) in Bahr el Ghazal In Bor 1991 is known as the year when the earth was spoiled (piny aci riak) 1 Map 1: North Bor – before it was divided into Twic County and Duk County In the pre-colonial era, there were spiritual leaders in Bor known as tiet (tit) associated with the possession of certain sacred spears (lir puou). Such leaders included Dau Deng, Manyok Duot and Akuoi Jurkac. Some still exist such as Ading Dit in Pawel near Paliau. There was never the system of religious leaders known as benybith (chief of the fishing spear) found in Bahr el Ghazal. There were clan divinities (yath) with a shrine called yik. After the split in the SPLA in 1991 and the huge losses incurred, there was mass conversion to Christianity and most yik were burned. 1.1. The Work of Chiefs: The chiefs are seen as the ‘representative’ and ‘spokesperson’ of their people. For example we encountered a Court President from PanPiol on the opposite side of the county representing his people in a case against a Wernyol man who his kinsman had murdered. They are also seen as ‘intermediaries’ – interpreting government policy to the people and telling government the concerns of the people. ‘We are part of hakuma because we are the link between hakuma and the people’ was a sentiment expressed in one interview but which was commonly felt. One informant referred to nyin hakuma – the eyes of the government and another said he was part of the government because he was paid by them (indirectly through claiming a percentage of what he raises for taxation). Another interviewee said ‘I walk alone and the government walks alone’ (‘en cath etok ku hakuma cath etok’). When any hakuma work needed to be completed – such as the construction of a road – it was the chiefs who divided it up amongst their sections and took responsibility for certain lengths of the road. 2 A chief is expected to resolve disputes: to separate the combatants, persuade them not to resolve their problems through violence and to be fair in dispute solving. He should not take sides and is expected to rule in the interests of the whole group not just his own lineage. He should not take other people’s property even to give to someone else – in fact he must be generous in sharing his wealth with a poor man who needs help without expecting repayment. In a questionnaire amongst the Twic Dinka of Bor (Mohd Osman El Sammani 1984:161), the qualities that were desired in a chief were as follows: Democratic (33.8 % of respondents); having wisdom (18.5%); able to maintain peace (14.7%);a good character ( loyal, faithful, intelligent, sociable, generous etc) 12.3%; cares for the poor (10 %); courageous (8.7 %); rich in cattle (2.7%) One man interviewed claimed that chiefs now were younger than in the past, and more educated. At the same time another young educated man said that being a chief was insignificant for a young educated person. If there is an elopement he will sometimes be expected to contribute a bull from his own herd to calm the dispute. In order to prevent conflicts in the cattle camps he is expected to appoint a chief of the cattle camp (bany wut) When the daughter of one of his people is married, he should follow the case to make sure the bridewealth requested is reasonable, and that it is paid. In return he will be included in the bridewealth distribution3. For those who have received cows in a marriage, he reminds them of their obligation to contribute to the family in turn when boys are marrying. 1.1.1 WAR EFFORT/TAXATION: The system of taxation was introduced in 1906 by the British who started collecting taxes in the form of sorghum, then in money (5pt/ family). This was collected by an Egyptian mamur because there were no educated local people. A subchief would have 50-300 taxpayers. Below this with 30-50 was the headman. Above this was the Headchief/Executive Chief with over 300 voters. Collins writes that ‘the readiness with which all paid the tax and the good feeling toward Government evinced by even the remoter Dinkas near the Twi borders were largely the result of the government’s action against [Murle] raiders (Collins 1960: 38). The mamur was replaced by Executive Officers in 1951 just before the British left. One chief talked about organising the transport of ammunition for the army. Also when the government asked for something, he was the one who killed a cow. Under the system of buluk ka diak each headman was supposed to provide 5 recruits for the army. One informant claimed that the main challenge for the SPLA after the return from Ethiopia was how to find enough food. This then became a system, and the system became the basis for governance. At first the Civil Military Authorities (1987-1994) required 1 tin of maize per family but this was later raised to 3 tins. A chief is expected to collect taxes on behalf of hakuma both for the war effort and other purposes. These taxes are often in the form of food for the soldiers. If a chief constantly defaults on taxes, he can be taken to court himself and his property seized. The Commissioner can then seek his dismissal, but if his people refuse, he will be reinstated. 3 A chief who had been promoted to temporary county judge complained that all the bridewealth cattle would be going to his replacement in his absence. Another newly appointed chief noted how he was now getting plentiful fish from the toic and meat from each wedding of his people. 3 1.1.2 COURTS: Colonial court centres up were set up at Maar, Paliau, Wangulei and Kongur by 1922. In 1976, there were court centres at Kongur (for Apiolic, Padol and Biordit), Wernyol (for Adiok and Abek), Wangulei (for Ayual, Awulian and Daicuek) Maar and Paliau. These courts are run by a Court President and under these are minor courts. Chiefs are expected to try cases under customary law that include elopement (kual), impregnation, killing of a bull without payment, adultery, injury, insult or sorcery, stealing cattle, encroachment by cattle onto cultivated fields, bodily injuries and murder etc. The hierarchy of courts, with cases going from headman, to sub-chief, to executive chief, to court president and finally to county court seems to be working. Duot Ajang’s Court in Kongur operates all year round except for Saturdays and Sundays. The three members – Duot himself, Thony Ding and Chol Tor represent the three sections in Kongur. The court clerk receives 20% of the fine. Below this are Boma courts at Pawel, Payom and Garalei near Panyagor with 5 judges each. 1.2 Population, Structures and Territory of Traditional Authority in Twic: 1.2.1 POPULATION: Rough population figures, calculated from the number of tax payers in 1980 projected forward to 2003 are as follows: Location Households from taxpayers total– est for 2003 Duk Fadiet Duk Fawiel Wernyol Kongur 5084 5255 3899 4845 Population total from taxpayers (x7)– est for 2003 35,588 36,785 27,293 33,915 5 Wangulei 6 Paliau/Maar 8252 7307 57,764 51,149 (with Wernyol) 36,728 12,5324 23,968 34,642 242,494 93,238 1 2 3 4 TOTAL Popn est by SRRA Database & Monitoring Office 1997 10,031 9979 These figures take the 1980 figure and increase it by 2.5% per annum over 23 years – a reduced population increase from normal designed to take into account the effect of the war. However, it is a great deal more than the actual population on the ground (see the 1997 SRRA estimate for comparison) as many of this number are actually in displaced camps. However, it gives an idea of the comparative size of different locations. 1.2.2 STRUCTURES OF TRADITIONAL AUTHORITY: The groups that the different chiefs head are all referred to in Dinka as wut (literally cattlecamp) and the same word is used for all different levels down to the lineage (referred to as 4 This figure seems particularly questionable in relation to the other figures 4 dhien (birth)or gol (cattle hearth)5. Within a dhien/gol there are divisions known as mac thok (entrance of the hearth) which unite 3 generations of a patrilineage. The mac thok unite to pay the bridewealth for a wife, and have a leader known as makuei (headman) in Bor. The name magak/buluk/alam col and (at a stretch) nhom e ghol refer to sub-chief and makuei refers to headman. Above this is alam thith (equivalent to an Executive Chief). One executive chief is chosen to be court president (the Arabic word Rais can be used to refer to the Court President). An executive chief can also be chosen to be head of a section containing many executive chiefs – also called alam thith but considered senior. In English this person can be referred to as a Headchief, but it is not always translated in the same way (to add to the confusion). The alam thith should have over 300 taxpayers under him. When asked what the difference between alam thith (red chief) and alam col (subchief), one informant said that they both did the same kind of thing. While this is not strictly the case, it is important that the case for a strict ethos of hierarchy is not made too strongly. The alam thith and alam col were government officials in the 1970’s and were paid a salary, while headmen were paid a certain percentage of what they collected in taxes (Mohd Osman El Samani 1984:152) In some cases, the sectional make-up of the groups could mean that a group such as Adhiang will be given an alam thith even though they have only two hundred because a strong case can me made that they do not belong to Nyoping even though Nyoping tried hard to hold onto them to have greater size and thus greater influence. There is a danger that such ‘specialcases’ could lead to proliferation of chiefs but as long as there is a tax disincentive to having a separate group (said to be 200,000 dinar) groups will not separate without good reason. Another such special case would be the monthany marsh dwellers of Paker – the Ajulub Thony who, while not numerous, shared a common identity and economic way of life. However, such examples illustrate the dangers of standardising the size of a chiefship and its boundaries, when a more complex reality underlies the logic of chiefship. It becomes even more complex if one tries to equate the names between regions such as Bahr el Ghazal or Upper Nile. Bahr el Ghazal Court President – 1 court Executive Chief – 1 court Sub-Chief Headman Bor Upper Nile Court President or Headchief Executive Chief – alam thith Sub-Chief – buluk/magak Headman – Makuei Paramount Chief diminishing Head Chief Executive Chief Sub-Chief Headman 1.2.3 TERRITORY: The Twic are divided into 4 subtribes – Lith, Nyuak, Ajwong and Paker. These are broken down in the following way: 5 Even then people often confuse a large dhien with a small wut, or a magak/buluk (gol leader) with a bany kor, alam col, though he would not be confused with a senior alam thith. 5 Lith - Adiok – H/Ch Awai Ajak Awai (Pakoi/Pan Alath) son of 1982 Court Pres Ajak Awai – c.17 Ch Pakoi – Ch Garang Bul Kuir Nyanith - Ch Mac Tor Mac (Papiou) Rordior – Ch Deng Ajak Thiou (Pan de Juac) Abek – H/Ch Ayiik Bol Arok (Pagueng) c. 12 Ch Pagweng – Ch Wernyol Boma Ayiik Bol Arok ?3 Ch & 15 S/Ch Aleu – Ch Atem Kuek Atem (son of Ch Kuek Atem 1980 chief of all Abek) – ?3 Ch & 15 S/Ch Biordit – H/Ch Kongur/Panyagor Chol Tor Deng (Anyang) (son of 1980 chief Tor Deng Yong) 5 Ch Padol - H/Ch Thon Diing Duot (Pakak) & Ch Chol Akol Chol (Kebar) 9 Ch Apiolic Dau Tor Akuei (Kuornyin)–12 Ch Lual Deng – Ch Wangulei Court Lual Garang Lual Pan de Yol – Ch Kamic Bul Yol Kongur – H/Ch Duot Ajang Duot (Apiolic/Pan Bior) (grandson of 1982 Court Pres Cornelio Duot Bior) – 26 Ch Daicuek – H/Ch Lual Garang Lual – 13 Ex/Ch (family have had chiefship for 6 generatns) Nyuak – Ch Bul Kuer Manyok (son of Kuer Manyok – Court Pres in 1982) (Pan Ayual) Wernyol Boma Awulian – H/Ch Thony Dau Deng (son of 1980 Chief Dau Deng Biar) (Payath) – 12 Ex/Ch Payath – Ch Thony Dau Deng – 7 Ch Ghoot – Ch Atem Mabior Atem - 5 Ch Ayual – Ch Thony Yak Duot – 19 Ex/Ch Rordior – H/Ch Wangulei Court Deng Ajak Deng? - 7 Ch Pan de Yak – Ch Thony Yak Duot 6 Wangulei Court – 6 Ch Wiir - Yak Jurkuc Yak -6 Ch Toic – 1 Ch Nyoping – H/Ch Paliau Court Ayuel Warabeg – 6 S/Ch Kuac – Ex/Ch Paliau court Ayuel Atem Ayuel Ajwong – Ch Ayual Warabeg (brother of Geu Warabeg – Court Pres in 1982) Adiang – Ex/Ch Kuir Ajak Atem? Paker – Ch Manyok Ajak Majok (son of Ajak Majok – Court Pres in 1982). (Anok/Pan Rec) Ayoliel – Ex/Ch Kuir Marier Kuir Pawel Boma Abiong –H/Ch Mayen Manyuon Guor Pawel Boma Cir – H/Ch Manyok Mading Majok (Pan Kuol) Bere – Ex/Ch Acien Atem Acien Akony Cok – Ex/Ch Kuol Thony Kuol Pan Piol Boma Ghol H/Ch Awan Majok Ajang (bro of Ajang Majok Ajang – Chief 1980?) Ajulub Thony Ch Jol Manyuon Kuol Anok – Ex/Ch Atem Anyuon Dau (Pan Anyuon) Mar Boma Pan Piol Boma Mar Boma Mar Boma It was understood that the Twic had initially come from a place called Patindur. Two brothers Yiep and Atwic Arial had argued and Atwic had headed off into the desert leaving Yiep at Patindur. After 8 years of drought Yiep called back his brother and on his arrival the rain 7 returned. Atwic was declared the leader and Yiep killed a grey bull (Lith in Dinka). This was given to the people who later became Lith, a Ker coloured bull was given to the people who became the Paker and the bits and pieces (Nyuak) were given to those who later became Nyuak. Ajwong were to remain in one place while all the others moved (juongjuong – meaning squeezed). Awulian were still across the river supposedly in a place called Nyuak [an alternative possible source for the name]. They were with a Tiet (spiritual leader) known as Lual Wieu – hence their village of Lualajokbil. Daicuek also joined later. The county of Twic (East) is divided into Nyuak Payam, Kongur Payam and Jonglei Payam. Kongur, Ayual and Adhiok sections are about the same size with 17-20 chiefs. Kongur and Adhiok have generally good relations and share some cattle camps (Pabiec and Pakeny) as they are related. However, the SPLM were investigating a dispute between them in the Pakeny cattle camp. There is a pressure on both counties and payams to be as populous as possible for their sense of importance, but within a populous payam, the pressure will also be greater for part of a wut to break away. Such a threat to break away is also a way of making sure that the opinions of extended parts of a wut are represented. There was also encouragement to create chiefs to increase amounts of humanitarian relief after 1991. In Nyuak Payam for example the number of chiefs has risen from 30 to 44 since 1997. In Lith Section, this figure has risen from 38 chiefs to 55 since 1997 1.2.3 a) Lith: Kongur is now so big that ‘they are marrying from within themselves’ as people are saying. It is possible that Kongur will break away from Adiok and Abeg. Already in the 1970’s when Ajang Awei (Chief of Adiok) was deputy to Ajang Duot – the last Paramount Chief of all of Bor – he asked for Adiok to be separated from Kongur. Abek and Adhiok came from the same origin and later split, but Adhiok continued to protect Abek when the Cic came to attack from across the river as they remained small. 1.2.3 b) Nyuak: Ayual is the biggest section in Nyuak, so it gets the Headchiefship6. In Awulian the uncle of the current buluk of Pan Juac was Ding Arok. He had defined the boundary between Awulian and Daicuek. He was also the only sub-chief who could speak to Deng Biar (the Headchief of Awulian). Deng Biar was suspected of being part of the killing of the last Paramount Chief Ajang Duot from Kongur, and was killed by Anyanya soldiers. Relations with Kongur have remained strained ever since. 1.2.3 c) Ajwong/Paker: Ajwong and Paker share Jonglei payam. Ajwong also have the court presidency under Ayuel Warabeg due to an exceptional election where the Paker were split between two candidates so that the Ajwong – united under Ayuel Warabeg – were victorious. However, there was slight 6 Garang Mabior Ayual is the buluk of wut Bak in Pan de Yak section of Ayual of Nyuak. He says Pan de Yak are divided into Pan Alak, Pan Akwot, Pan Ayak, Pan Akol and Pan Bak. His own wut (Pan Bak) has 4 headmen (makuei) and 300 people. Pan Akwot has 6 headmen and an extra buluk. Deng Ajang Ajak is buluk of Pan Ayak and says that his father was the one that brought Pan Alak from under the control of Pan Bak. 8 compensation when the Paker chief Manyok Ajak was given the temporary court presidency of the County Court in Pangagor. In Paliau, the main sub-section called Nyoping has gone from having 5 lineages in 1997 – each under an Executive chief – to having 6 Executive chiefs. The Kuac and Adiang were initially from Lith but are annexed to Nyoping now. The population of Nyoping had gone from 1000 to 1330. The promoted man had been deputy to the sub-chief of the lineage that split. The lineage split along a natural division line as the parts that split – Pan Yol and Pan Chol – had only been allied together through marriage and as Pan Chol were not big enough on their own to have a sub-chief. This is now no-longer the case and in 2004 the new subchief was promoted. The decision was taken in his lineage, then it moved to the court centre and was then taken to the Commissioner – who accepted the argument that the population had increased. HARMONISATION: As can be seen from the argument above, Twic (E) County has been part of the trend seen elsewhere in Upper Nile of proliferation of administrative units. However, the creation of new units (e.g. Duk County) have had a logic in terms of the territorial breakdown of the tribes and sections within the area, and have usually come from a process of dialogue between the civil authorities and local chiefs. This is not the arbitrary splitting of large sections into standardsized units for administrative standardisation; it is a more natural process of cleavage of large sections according to indigenous lines of division once populations reach a critical level that makes them administratively unwieldy. As this is an organic process caused by population increase (catalysed of course by political lobbying), I don’t think there is cause for concern that the proliferation of chiefs is causing a reduction in the authority of chiefship. The murder of the last Paramount Chief means there is no desire in Bor or Twic to create a level of chiefship higher than Court President/Headchief. For practical reasons also there is an upper limit of about 30-40 Executive Chiefs that a Headchief can manage – though the democratic principle of Twic Dinka means that the Headchief is only ever considered the senior alam thith amongst other alem thith7. When Lith became too big to handle as a whole, the headchief just became 3 headchiefs of the sections and the post of head of Lith remained empty. The headchiefship of Ajwong and Paker are at the lower end of the scale, but Nyuak with 44 Executive Chiefs stays together under one Court President because they have one court centre at Wangulei (the Lith have 2 court centres). In conclusion, therefore the posts seem to slip down the tribal hierarchy as the population increases, but the number of people under each chief remains the same. 1.3. Relations between Chiefs and the Local Administration: The Commissioner is known as mufatesh. One of the main criticisms heard concerning the taxation system was when chiefs were asked to collect taxes for the army at very short notice, and then sometimes punished and humiliated by the army for non-compliance. Also there were sometimes difficulties with populations coming up with the taxes in a poor year for the crops or due to some other natural disaster. 7 Headchiefs of a sub-tribe still sometimes call themselves Executive Chief of their section, sub-chief of their sub-section and headman of their mac thok, though they will often have been formally replaced at these levels – an indication that they do not consider these lowly positions in a very defined hierarchy. 9 It was seen to be the work of hakuma (government) rather than chiefs to provide services such as healthcare. The role of the chief is as an intermediary to report on the needs on the ground. To some extent therefore chiefs did not see themselves as part of hakuma. Disatisfaction with the work of local government was common during the 1970’s and early 80’s (Mohd Osman el Samani 1984:160). It was said that while the colonial government had provided minimal services, they were efficiently run, and, especially with road building and cattle vaccination, were carried out with the advice of traditional leaders. The government in the 1980’s made promises that it did not meet, overtaxed the people and failed to provide services (ibid – 161). Government officers were often from different tribes from traditional leaders and there was much conflict between them. 1.4. Relations between Chiefs and the Local Judiciary: Civil courts are expected to try cases that have gone up through the lower courts. There was some concern voiced about competition between courts for cases, but at the County Court level, the judge said he would return cases that had not gone through the hierarchy of courts, but cases such as murder might go direct to the county, even though many people prefer that murder is tried traditionally. Manyok Ajak from Maar was the Court President in the Panyagor County Court. According to him the cost of a case at Boma level is 12,000 dinar; appeal to the Executive Chief’s court will cost 16,000 dinar; further appeal to the Court President is 18,000; finally the county court costs 28,000. It was said that these costs were significantly lowered when people lost all their cattle in 1991. One informant confirmed that these amounts are standardised throughout the Boma courts from Paliau to Kongur. 1.5. Gender, Youth and Minorities The large number of female-headed households led to the inclusion of women in the totals that constituted sufficient population for a chief to be created. However, if this means that women are to be taxed like men, it is likely that post-war the system will revert to the old system whereby a household was considered to be the unit headed by a man. 1.6. Selection/Deselection: In Bor almost all chiefs’ posts have been inherited from a member of the family although there have been occasional elections (see table below). However the mechanisms for disputing the inheritance exist and are sometimes used. Signs of chiefly behaviour are expected to manifest themselves early in the childhood of a chief – including ability to resolve disputes and sharing food. Potential chiefs should be humble in front of elders and women, and be able to talk seriously without aggression. They should be people who can manage disputes between their wife and co-wives. If they call people to a meeting other people should accept. They should conduct marriages seriously and contribute generously. Candidates are often shortlisted and chosen by a meeting of elders. At the lowest level, three generations of a family (mac thok) chose a headman who is responsible for resolving family disputes. In one case three such headman were taken forward to face a hand-raising vote to be appointed sub-chief (known as buluk or magak in Bor). One informant referred to election as 10 ‘thop’ – recalling specifically a case where two individuals had disagreed and decided to go head-to-head. The post of chief is usually for life. One man who had been a chief since the last days of colonialism was pleading to be released from his duties as he was old and sick but people insisted on coming to his house to have his judgement on cases. The man was nonetheless at the court when we visited, and it seems that attending court is what old men do with their days until they drop dead. Other informants felt that the ‘chief-for-life’ system was changing When Ajang Duot (court president of Kongur as well as Paramount Chief of all Bor) was murdered, his son inherited the Court Presidency automatically because his father had died in office. It is common, and often seen as a sign of respect, for a son to inherit from a chief who dies while in office. Ajang Duot was not replaced as Paramount Chief however, as the post ceased to exist after his death – people feeling it was impossible for one traditional leader to represent all of Bor County. Bol Goc was the first HeadChief of the Abek. He was replaced by his son Arok Bol who was killed by ‘Arabs’. His brother Goc Bol took over because the son of Arok Bol (Bol Arok) was still young, but was dismissed due to absenteeism and replaced by Biar Kuek, the grandson of Abek’s first buluk. The line then followed Biar Kuek’s line until Kuek Atem was dismissed by the Commissioner for being too old to do the job. Meanwhile Arok Bol’s grandson (Ayiik Bol Arok) was old enough to contest for the leadership, and in the election against Kuek Atem’s nephew, he brought the chiefship back to the line of Bol Goc. Atem Kuek’s family are still chiefs of Aleu sub-section so are poised in the background for a return to power should Ayiik’s family and the Pagweng sub-section slip up. Such contests ensure that chiefs are kept on their toes and attempt to keep up a degree of local support. In Duk Fadiet amongst the Ghol Dinka, the Court Presidency was inherited within the same family from Monykuir Mabior, to Manyok Monykuir, to Bol Monykuir (his brother – Manyok was a drunkard), to Deng Mathiang (not from the line but also a close family member). Ayuel Warabeg was elected Court President for Jonglei payam in a contested election. Although his opponent Manyok Ajak was from Paker which was larger than Ajwong, a dispute between the Anok and the Cir sections split the support of the Paker and allowed Ayuel Warabeg to take over the post from his half -brother. He is from the second wife of his father. Another relative Duot Atem had wanted to take over from Geu, but a meeting of the lineage decided to give it to Ayuel – who was considered a man of fairness and generosity even if he was less of a fluent orator. If Ayuel makes a mistake (such as insulting people in his speeches), Duot Atem might consider coming out from behind the scenes. When Ayuel’s other half brother Ayuel dit was Court President before Geu, he was dismissed because the tukl he had been asked to construct for the Assistant Executive Officer Rekar Boam Akec was leaking. He was suspended for 3 years but the family resisted and in the fourth year he was reinstated. Position Name Section Accession Method H/Ch or Court Manyok Ajak Majok Twic/Paker/Anok/ PanRec Son of Ajak Majok previous H/Ch and descended from Ajak who was 11 President Ex Ch Rec Agok Thuc Ex Ch Awai Panyang Buluk Garang Ager Buluk Garang Alek Ex Ch Atem Kiir Duot Twic/Ajwong/Abiong/ Deng Akok Court President Ayuel Warabeg Twic/Ajwong/Nyoping/ PanAyuel Ex Ch Thuc Kuir Thuc Twic/Ajwong/Nyoping/ Adhiang Twic/Ajwong/Nyoping/ Pan Agok Acek Twic/Ajwong/Nyoping/ Pan Chol Gou Twic/Ajwong/Nyoping/ Pan Agok Acek Twic/Ajwong/Abiong/ Pamentai Headchief Bul Kuer of Ayual Manyok Twic/Nyuak/Ayual/ Pan de Yak H/Ch or Court President Thony Yak Duot Twic/Nyuak/Ayual/ Pan de Yak Buluk Chol Akol Mayen Twic/Nyuak/Ayual/ Pan de Yak/Pan Akol Buluk Deng Ajang Ajak Twic/Nyuak/Ayual/ Pan de Yak/ Pan Alak Buluk Deng Chol Awir Twic/Nyuak/Ayual/ Rordior H/Ch or Court President Lual Garang Lual Twic/Nyuak/Daicuek/ Lual Deng Magak Mayen Arok Agok Awai Ajak Awai Twic/Nyuak/Awulian/ Pan Akec? Twic/Lith/Adhiok/ Pakoi/Pan Alath H/Ch or Court 12 leading when the Turks arrived Brother was chief 1983, went to Yambio, so he was chosen Was s/ch to Atem Dau (his bro had also been s/ch) but they divided in two so he became Ex/Ch. Selected unopposed by his people. Selected by his people in 1990 to replace his father (uncontested) Selected by his people to replace his uncle after uncle consulted his people. A young man but chosen to replace Mabior Deng Kiir who had become old & refused to send for his son from Kakuma refugee camp. Elected as court president after the death of his brother. Contested election with Manyok Ajak of Paker in 1997 Inherited from his father, but was challenged by the stand-in chief Deng Aler who contested and lost the election 29 votes to 280 Son of Kuer Manyok (Court Pres in 1982), who’s father Manyok Duot was one of the most powerful chiefs in colonial times. Succeeded his relation Bul Kuer Manyok Duot who is now chief of all Nyuak in 1985. Got support from Kuol Manyang. His father only a buluk Chosen as buluk after his paternal uncle died – was summoned from SPLA. Nephew to H/Ch Thony Yak Elected by contesting with his popular agemate Garang Mabior Akec – scored 100 votes against 60 Chosen to replace his brother Ajak Mabil Awir who died in 2001. Father was a headman. Inherited Head Chiefship of Daicuek from his family in 1984. Family have had chiefship for 6 generations. Grandfather and uncle were both magak His grandfather Awai Ajang was the first chief (unelected) of Adhiok – a President Ex Ch Mac Tor Mac Ex Ch Ayiik Bol Arok Twic/Lith/Adhiok/ Nyanith Twic/Lith/Abek/ Pagueng great warrior His father Tor was killed by Nuer in 2002 Became headchief in 1967 after Kuek Atem tried to impose his brother’s son & people went to court. Replaced until 2002 by Kuir Kuol Ayuel while a refugee. 1.7. Independence/Legitimacy/Interference: Chiefs in Twic consider themselves a relatively well-respected institution. The Commander and all the SPLA soldiers in the area come from Twic, most have their families in the area and are fairly accountable for their actions with little military indiscipline or interference in the work of chiefs. Many of the chiefs who fled to refugee camps after 1991 have started to come back and they have mostly been given back their posts by the temporary stand-ins without any problems. On various occasions, such as the sub-chief Chol Akol Mayen in Ayual of Wangulei, soldiers have been recalled from the army to take up positions as chiefs. 1.8. Needs/ Capacity Building/ Remuneration: A chief newly elected in 2004 said he had received no kind of training. However he had been the deputy to the chief for at least 8 years so would have seen the way his predecessor worked. Another chief suggested that sitting chiefs close to retirement should be allowed 5 years of earning a salary before moving on, and leaving younger chiefs the work of rebuilding prosperity in the area. 13 2. Boma Case Study: 2.0 Introduction: Pibor County borders on Pocalla County to the NorthEast, Ethiopia to the East, Kapoeta County to the South, Bor and Twic Counties to the West and Wuror, Diror and Akobo Counties to the North. Boma is situated in the extreme east of Pibor County – a county which has been divided into SPLA/M controlled zone and a GoS-controlled zone. The payams directly administered by SPLA/M include Meyun Payam,Boma Payam, Marua Payam8. Under GoS administration were Gumuruk, Lokwangole, Pibor and Vertheith9. The county is home to the Murle people with smaller numbers of Kacipo in the East and Jie in the SouthEast. Murle tradition claims that they originated along the Omo river in Ethiopia, from where they migrated south, then West to the area of Boya at the northern end of the Didinga Hills. Here they left the Longarim section of Murle and continued north to the Marua Hills and Boma. Then they moved westwards, driving out the remaining Dinka from the River Veveno area even as recently as 5 generations ago (Lewis 1972:22). There was also serious fighting with Annuak, Lou and Jikany Nuer, and the age-set system of the Murle was primarily a military organisation. The Murle speak a language related to Didinga, but having nothing in common with other Nilotic languages (e.g. Dinka, Nuer, Annuak, Luo, Bari ) or the Sudanic family (e.g. Moru, Madi, Bongo). The Boma Murle are in close contact with the Suri (as Kacipo call themselves after their main section - in Murle they refer to them as Zhuak), and there has been some intermarriage with them. The Jie are divided into four sections (Nyarithei, Nyamakadon, Nyatharakabun and Nyakurono) and Nyarithei are said to be close to Boma Murle, even adopting Murle dancing. The Boma plateau has higher rainfall and more fertile soil than the areas of the Veveno, Lotilla and Kengen rivers. As a result much more agriculture is carried out, and until recently cattle were not kept because of Tsetse flies (Boma Murle were sometimes referred to as ngalam – now generalised to mean ‘without cattle’ - because one clan – the Olginyon – had married into the Ngalam people of Ethiopia). According to tradition, there were 2 brothers Lettec and Dumar who lived with their father at Marua. Dumar decided to move to the Boma plateau and ignored reports that his father was becoming increasingly sick. As a result, on the father’s death Dumar’s cows in Boma were transformed into buffaloes and the chiefly drum (kidongwa) was lost, whereas the descendents of Lettec prospered and his people colonised the area all the way up to Lokwangole. The ancestors of these chiefs are known as red chiefs (alaat ci merik) while the rest of the population are known as black commoners (ol ci kolek). The Jie say they originally came from a place called Lopet, and then they fought amongst themselves during the time of Anyanya 1, so moved to Mount Kathangor on the border of Pibor County and Kapoeta County. In 1995 there was a drought and both Kathangor and Lopet were dry. This is when the people say they came to Boma. However there is evidence from the 1940 map of the area to show that Jie were grazing behind Totali rock in Boma Upper. The Nyarithei were the first section to come followed by the rest. 8 Meyun is sometimes spelt Meound ,Marua spelt Marou, Lokwangole sometimes spelt Gokwangole and Verteith also spelt Vertet or Fertet. 9 On some maps there is another payam called Akello, but there is already a payam with this name in Pocalla County, so Akello is normally considered part of Pibor. 14 2.1 Population, Structures and Territory of Traditional Leaders 2.1.1 POPULATION The river valleys of the Veveno, Lotilla and Kengen are the most densely populated, though the most intensive cultivation takes place on the hills above Boma and in Meyun payam. The Murle are divided into Ngarotti and Tangajon drumships. Ngarotti are considered more numerous than Tangajon even though Tangajon are considered senior. 2.1.2 STRUCTURES On the GoS side there is a Paramount Chief – Governor Ismael Kony - for all of the Ngarotti, but his authority is questioned on the SPLA side where no paramount chiefs are recognised. Instead there are Headchiefs for the 6 areas of Vertheith, Gumuruk, Lokwangole, Marua, Pibor and Boma. Below this are chiefs (alaat ci kitoro) and sub-chiefs (alaat ci miling/alaat ci mutongo or jaitho ci alaano. A sub-chief is responsible for between 5-30 homesteads (korok). A korok may contain a man (the head of the household – et ci kurgo) with three wives and three huts (cieth). Lewis estimates up to 10 people per homestead, so a sub-chief would have 50-300 people (Lewis 1972: 40). Land is said to belong to the chiefs, but each village, especially around Boma where agriculture is important, has a ritual owner of the land (et ci toddo) descended from the first person to settle the village (Lewis 1972: 37). There is still a system of age-sets in Murle, though they are less important than in the past.. There are three grades that these age-sets pass through – warriorhood, junior elderhood and full elderhood spending about ten years in each (Lewis 1972:84). Members of the third grade provide the elders who hear cases that are presided over by the chiefs. The current set is Bothoth Nya (opened 2002) and it could remain open for 5-20 years. Before this is Titi which opened in 1987, and this was preceded by Muden, Dorongwa, Mara, Nyarisa, Nyakademo, Longaroket, Elim and Nyakuromo (the last member of whom died in 2004). In Jie, Karangor is the age-set that are now junior elders, while Nyakurnang is the age-set of the current leaders and Nyaniroi and Dorongwet are the oldest age-sets. Jie have spiritual leaders known as nyakapulon nyakizel responsible for bringing peace. In addition there is another leader called Lothada Kodozebok who is nyakapulon kinyawi. He has gone to Lyodein to negotiate with Tumburum Beh ( Headchief of the Verteith Murle) and has a great deal of respect in Jie10. Most nyakapulok have a religious rather than administrative function. Kacipo have headchiefs and subchiefs – both called alaat hakuma (government chiefs in Murle language). They also have traditional leaders known as agai or bilingo. Nyerege Baro from Gumbo Burshe clan is one such current bilingo. 2.1.3 TERRITORY 2.1.3 a) Murle Murle people are therefore divided into Tangajon and Ngarotti drumships (kidongwa) that they are born into (Lewis 1972:56)11. Ngarotti have one drum with the Nyaloaga Ngarotti and 10 11 Also evidently in Murle too as he is married to a Murle woman from Vertheith. The creator god (Tammu) was said to have sent down a man called Daudau Karam Lecere (meaning Daudau carrying a chair) to rule the Murle. He found the chief of the black commoners (Muriman) who refused to accept his authority until he had a hunting accident from which Daudau cured him, and then he released the chieftainship.Daudau’s brother came after 15 the other with the Ngaicimut Ngarotti. Nyaloaga and Ngaicimut (meaning dangerous/ argumentative woman) are all descended from the wives of Kalengbor the common ancestor of Ngarotti. However, Nyoloaga territories on the Veveno are much more extensive than those of Ngaicimut on the Kengen river.The Tangajon drums are with the Lettec clan. According to Lewis (ibid:48) a drumship consists of a lineage of a red chief’s clan (alaat ci merik – red chief ) with its attached commoner clans (ol ci kolik – the black people). The Tangajon and Ngarotti drumships are found all over Murle territory because when a person moves he will still carry the name of his clan with him. However, one can generalise that Boma and Lokwangole are mostly Tangajon, while Marua, Gumuruk and Vertheith are Ngarotti – Vertheith being mainly Ngaicumut Ngarotti and Gumuruk mainly Ngaloaga. The clans divide up as follows: Drumship TANGAJON NGAROTTI Red Chiefs Lettec Yuor Kolizim Manurec Abola Kelenya Ngaloaga Ngaicimut Mainbona Mainyoli Black Commoners Agiroli Dhoaten Maijath Olginyon Vorom Maingoli Mainlolo Awulo Mainlogidang Nganderec Thanith Longarim Ngenvac Etc Logan noted in 1918 that the Murle were divided into 6 sections which were ‘under sheiks with considerable influence’ (Logan 1918:240). These six sections survive more-or-less intact nowadays: seven days: his name was Kalengbor, who married two wives called Ngaicimut and Ngaloaga to found the Ngarotti (named after the back of the bull that Daudau slaughtered; Daudau himself founded the Tangajon (named after the head of the bull slaughtered). 16 Place Name of Chief Clan H/Ch Barcoc Lual Ayico T: Lettec Kongur Nyanthou Kavola T: Lettec Munchak Ngare Giruc N: Ngaicimut Tong Tong Lokwangole Alothior Adoro Lukudemon Alaan Alaan Irir Michael Iri Nyathoi Longotok Kony T: Lettec T : Yor Lokwangole ALL Mainteker Town Chief Mainyading Wurnyong/ Cindur Kelenya Dalimany Pibor ALL – lives at Tangajon Pibor/ Kuyi Akello Mainyirem Wunkok Langiris Beh Acik Bata Dhorou Maraka Lothinhom Dhakdon Moak Predecessor Comment Majority Tangajon Chief of all Lettec with sacred drums of tribe – considered alaan ci goyo – chief of the fire Lela Mainbolen Tangajon leader in (now a S/Ch) Nyarotti area. Predecessor removed by GoS for mobilising against Governor Ismael Loki Mano (N: Ngaicimut) T : Manurec T: Lettec Brother of Barcoc Lual Black commoner T: Mainyading ? T: Lettec Related to Barcoc Lual T : Kelenya N : Mainbona H/Ch Awowa Bodo N: Ngaicimut Alaan Gogol Nyawadak Lotilem Etchio Boloc Nyikco Ame T: Lettec N: Ngaicimut Longom Alaan Kengen Aria Awowa N: Ngaicimut N: Nyaloaga Arkiron Oleo In past : Korok Adheng N: Ngaicimut N: Nyaloaga 17 Nephew ousted his uncle Mixed population Close to Governor Ismael. Contested (and lost) V Alaan Lokinei (T: Yuor). Same family as Barcoc Lual Brother is ambassador in USA Aria Awowa Kengen inherited from his father Kengen Kavacoc Mainyumen Nyacalam Lolo Loden Bagit Vertheith ALL – living in Mur H/ChTamburum N: Ngaicimut Beh Nyantumo Mur Mur Nuer N: Ngaicimut T : Manurec N: Ngaicimut N: Ngaicimut N: Ngaicimut Ngole Nyacigak Beh Lokico Lanyang Longole Kengen Kumen Moro Odo Korok Ngade Gumuruk ALL – lived at Veveno H/Ch Gayin Thadoc Nyebu N: Nyaloaga Mainmar/ Velel Nyathou Lopole N: Nyaloaga Kalengbor Mainbica Kutek Ngatumo (N: Ngaicimut) Related to Baba Majong N: Ngaicimut N: Ngaicimut Poti Abornyan (N: Nyaloaga) (died in Bor in 1970’s) 1960’s: Nyathou Lopole 1960’s: Nyathou Lopole 1960’s: Arian Ayul Kothile/ Agoi Gayin Lotony N: Nyaloaga Mainyath Arian Ayul N: Ngenvac Ngantera Lotuko Poti N: Nyaloaga 1960’s: Arian Ayul Mainloden Gayin Ngatengen Dokdok Nyaman N: Ngenvac 1960’s: Arian Ayul 1960’s Arian Ayul Tangyang Geco Kathinya N: Nyaloaga Lowul Guk Bon N: Nyaloaga Yuot Kodori Abeio N: Nyaloaga Erit Guloc Lokico N: Nyaloaga Loput Majority Ngarotti Tamburum keeps the Ngaicimut drum. Related to Baba Majong. Related to Tamburum N: Mainlogidang 18 1960’s: Alaan Kakunya 1960’s: Alaan Kakunya 1960’s Waou Erabor 1960’s Waou Erabor Majority Ngarotti Gayin related to Poti. Poti’s family still keep Nyaloaga drum. Contested post with Matung Bor (N: Maingoli) Head of Mainyoli lineage within Ngaloaga? Black Commoner – was S/Ch but people elected him Still a young man – his nephew – the son of Lomada Poti showing potential. Mixed population All Mainlogidang here (black commoners) Ngaciveracis Mader Alaan N: Thanith 1960’s: Gayin Thadoc Veveno Arzhen Alaan N: Nyaloaga Kalera Ole Berec N: Nyaloaga 1960’s: Gayin Thadoc 1960’s: Gayin Thadoc H/Ch Baba Majong Kengen N: Ngaicimut Majong Kengen (killed by GoS ’89) Beh/ Berege Lecinye Voro N : Maingoli (black commoner) Nyathou (N: Nyaloaga) – gone to Gumuruk Turen Nyalang N: Nyanderec (black commoner) Kele Guloc (T: Lettec) – on GoS side Nuer Akello Maguk Ibun Hakunya N: Ngaicimut? T: Lettec Ngole Mur Korok Lokico Ngamalo N: Nyaloaga N: Ngaicimut Boma ALL – lives at Bayen H/Ch Ngalom Kurok T: Nyandarec Kaywa Bayen Lokiro Kumin Guloc N: Gulung T: Lettec Jonglei/ Kelyac Nyat Kulumwuc Longwar Nyatin Alaan N: Maijath Marua ALL N: Maijath 19 Majority Awulo (black commoner) area. Mader also black commoner – had to be pushed to be chief Gayin Thadoc’s old home Majority Ngarotti Direct line to Ngaicimut founder. Related to Tamburum in Vertheith. Has makama appeal court. Elected in 1989. Deputy to Baba. Predecessor Nyathou’s father had been deputy before – but Lecinye is black commoner. Kele will resume when he returns – he is leader of Tangajon in Marua. Has 4 S/Ch Son of Ibun Leberac Used to be under Lotillem of Ngaicimut Majority Tangajon Nyalom was Gayin’s deputy when he was killed in a drunken fight Nov 2004. Previous chief Tul’s brother Tul refused post Lele (T: Lettec) Mixed T & N popn Ngalom (T: Still young but Nyandarec bk) predecessor was drunkard. Gayin (T: Lettec Athangole (N: Gayin Nyiboi (T: Lettec) Nyalongoro Mathei Akuet N (used to be Annuak) Lokono Oboc Thirmaga T: Olginyon Churi Gayin Kuku T: Dumar Maijath) Khawaja (N: Nyaloaga) Kenyen (N: Nyaloaga) Tokol (T: Olginyon) Vorom People. Nyaloaga spiritually dangerous but Kenyen is voluntarily retired. Oboc from Dima, Ethiopia. Olginyon people moved from Shusha due to fighting. Has 3 S/Ch Kuku (T:Dumar) As can be seen, chiefship still passes down the line of red chiefs, particularly in the West of Pibor County. In Boma, under SPLA control, there are more black commoners as chiefs. There seems to have been a certain proliferation of chiefships in Gumuruk. In the 1960’s there were only 5 chiefs (Alaan Kakunya, Aria Ayul, Waou Erabor, Gayin Thadoc and Nyathou Lopole); now there are thirteen. The justification for this was that the villages had become big and the chiefs could not observe what was going on in several large villages a distance apart. 2.1.3 b) Jie Jie are divided into four sections – Nyarithei being the biggest, followed by Nyakurono, Nyamakadon and Nyatharakabun (the smallest). Place Name of Chief Comment Nyarithei Nawiyapiro 5 groups H/Ch Loleia Locakapi Nawiyapiro Kengen river Kocaba Alem Komot Lothabo Amanya Athuroi Lolomutalia Lopeto Lokutholo Locagura Lopinyet Nyakurono Rumit 4 groups H/Ch Lokai Lomal Lozekano Pete Khoron Rumit Rumit Lobokjo Loruma Loyome Locumba Lobukui Lothure Nyamakadon 4 groups Elected 1975 opposed by Lobokjo Loromo. Old respected man but profoundly deaf. Court member. Some referred to him as Jie Paramount Chief Court Member His grandfather Pete was nyakapulon or spiritual leader – now inherited by Lothada Lozekano the uncle of Lokai now in Rumit Was chief advisor to Lomal Lozekano Nyamakudon move into the area of the Kanamuke swamps in search of 20 grazing and have married into Murle of Vertheith and Marua so can access Lyodein. Lopet Lyodein Lyodein Bodo River H/Ch Lowei Amara Lomuk Lonukwa Lauka Ngolekodos Lokonyang Piun Nyatharakabun 2 groups Lopet H/Ch Nyacumba Lacakua Lopet Nakuar Lojo Married into the Toposa 2.1.3 c) Kacipo/Suri The information we obtained on the Kacipo/Suri is of questionable reliability, as we had to rely on key informants who had come down from Meyun for a food distribution as the road to Meyun was impassable. Although we did interview some chiefs, Kacipo have had limited contact with the government (as we were perceived to represent) and are somewhat suspicious. They are divided either into three (Suri, Cac and Termak) or two sections (Suri and Termak), depending on the informant, and it is unsure whether they are listing all the groups that live in Ethiopia as well as the Sudanese clans (Termak straddle the border). Cac clans are included in the following list as part of Termak12: Section SURI TERMAK Clans Ajoker/ Gambo Burshe/ Dalala/ Boghen/ Moga/ Ghosi/ Sola/ Bela/ Hirtemu/ Durakan/ Ngamere/ Kiambo/Gulur/ Ozhou/ Daigou Bibala/ Bolo Gidang/ Barshici/ Ole Surwa/ Bolozobe/ Dholote/ Ngakuril/ Halagameri/ Rumaloga/ Cac/ Tumbul/ Bokola/ Kera/ Mela/ Banghi/ Jarghu/ Kereng/ Kulu/ Moge/ Gambal/ Korito/ Tulge/ Yesu Name of Chief Suri H/Ch H/Ch H/Ch S/Ch S/Ch S/Ch S/Ch 12 Clan Kamalong Bomi Gambo Burshe Barko Ngatera Ngamere Bora Lisha Begiga Gori Luwole Sola Rege Ngauci Ngamere Okin Katama Kambu Ngagac Begega Eber Location Comment Meyun Inherited from his father. Court member. Has three S/Ch Court member Court member Rumit Meyun Meyun Rumit Rumit Rumit Traditional leader (alaan a lozo). Brother Mahole chief before Other sections mentioned in Ethiopia were the Mun and Mela sections around Atara 21 S/Ch S/Ch S/Ch S/Ch S/Ch Cac H/Ch Termagin Dumarlogo Mura Shagam Bakumba Balubia Nyamana Tambu Barko Ngamoia Sola ? Nyamere ? Kajoro Kamude ? Doroka Sola Merelingo Dolote Ngadicemo Barkilo Rum ? Neke Gambal Neke ? Ekede Kolatar ? S/Ch Termak H/Ch Ole Zoga Spiritual Barcolo Olezhou Partly at Zulimanu in Ethiopia 2.2 The Work of Chiefs According to one informant, the job of a chief was to relay ‘chief’s decrees’, organise the contribution to the government, calming raiding parties (or contacting the authorities if they cannot be calmed), trying cases and using the threat of the traditional chief’s curse to keep people under control. One Jie chief said that the role of the chief was to pass government policy on to the people and give the government people’s complaints. In the past amongst the Murle, the red chiefs had the power to protect anyone who had committed murder and to curse anyone who tried to seek revenge. This ‘peace-making’ function was particularly important in preventing blood feuds and explains how the Murle managed to maintain a strong corporate identity (together with efficient military organisation through the age-sets13) and hold their own against the kum (Toposa/Jie), the jungkodh (Nuer and Dinka) or the nyuro (Annuak) enemies. If there is a good harvest, one chief said that people will contribute something for him, as he has to entertain many guests. When he resolves cases, he gets 50 % of the court fees for himself and the other chiefs/officials, while 50% goes to the county officials. Also the SRRA save some food from general food distributions for the chief. 2.2.1 WAR EFFORT/TAXATION One informant described the taxes under a sub-chief as consisting of half a bull per homestead per year (korok). He also said that he sent young men from his village to the army and was proud of that. Sub-chiefs also contributed bulls of their own to the war effort. Kacipo chiefs said they had been asked to mobilise 8 people each for the army. 2.2.2 COURTS As late as 1936, the Murle had never brought a case to the government courts because they preferred the traditional justice meted out by the elders (Lewis 1972:156). Customary law is translated into Murle by Lewis as ker ci Merlu – a system which reflects the values and 13 Lewis (1972: 88) also explains how Tangajon clans would always take up positions on the left flank of a battle while Ngarotti would be on the right 22 precedents of Murle tradition (Lewis 1972:19). The lowest level of court is the sub-chief’s court, with a chief’s court above this (alaan ci kitoro) and a Headchief’s court above that. In Marua, there are four sub-chief’s courts under Nyalang. One of these under sub-chief Nakwa, was said to see divorce cases, ‘normal fighting’ and livestock disputes. The sub-chief’s ri (the shade tree where he saw cases) was next to his house. All elders from black commoners and red commoners attended. Above this was Nyalang’s Chief’s court. The county court, sitting in Boma under Alaan Lokinei (ex-Headchief of Pibor payam) as the Court President, hears appeals. He has been County Judge since 1999. The County Court tries all cases of intentional killing. The other members are David Angwet from Bor and Sufurian Lomur from Jie. In the past there was no appeal beyond the red chief’s court and red chiefs would threaten dissenters to their judgements with cursing. Although Judge Alaan said that superstition no longer played a role in judgements in the County Court, spiritual chiefs still exist – including his own brother Kavolzuri. In the County Court the judge follows ‘regulations’ ie set amounts for fines such as 15 bulls or a prison sentence for rape. Ngalom’s subchief in Marua, Nakwa (a black commoner from Olginyon clan), said he rarely had to ‘judge’ the case – it was the elders who conducted the procedure and investigated the case with the help of a court spokesman (gayoi). However, he would make the summary at the end of the case – a process known as ‘cutting the case’ (pak). The court fees in his court are 1 goat. The higher court of Chief Nyalang asked for 1 heifer as fees14. Appeals after this would go to the red chief Baba Majong at the level of Marua Payam (known as a makama court – a government court as part of the GoS system – with police and clerks). In the equivalent court of Gayin Thadoc in Gumuruk, the fee is 5000 dinar or 500KSh. This court has 4 officials. The County court at Boma charges fees of 35 bir (350 KSh) which goes to the judiciary.15 Lewis (1972:75) notes that the system of justice can take up to three days and can be very cumbersome. A man with few relatives may be unlikely to have much notice paid to him, even if he should threaten to resolve the case by violent means, as such a threat from a small minority will be unlikely to escalate into anything significant. Cases of unintentional killing can be tried in Jie by a Court made up of Headchief Loleia and his deputy Lokai. Below this is a sub-chief’s court. Typical fines at Loleia’s court were 3 bulls for rape, 7 bulls for adultery with 1 for the court. 2.3 Relations between Chiefs and Local Administration One Murle chief observed that the job of the Payam Administrator was to look after the payam on behalf of the hakuma, whereas the job of the chief was as a chief for the population (the korok or household). The Payam Administrator was seen to have more power, but it was the chiefs who gave him strength. The headchief of Boma (a black commoner) said that the SPLM accord more respect to chiefs than they are given on the GoS side. This might be because Governor Ismael has not accepted any chiefs who are not from red chief clans – some say in order to enhance his grip on power as a descendent of the red chiefly clan of Ngaicimut. However, others say the SPLM have been too busy fighting to be actively involved in policing or protecting the community from internal threats. 14 For example in a case where 7 bulls were asked for an adultery case 6 would go to the victim and 1 to the court. 15 It seems suprising that this figure is so low 23 Kacipo Headchief Guri Lowole said that the Kacipo/Suri did not have government before. Now that there was government, chiefs like him did not represent the traditional structure but represented the government. The SPLA had given the Kacipo government chiefs political orientation. 2.4 Relations between Chiefs and Local Judiciary There was said to be some confusion caused by having the SPLM rules and GoS rules running parallel in the county, and chiefs said that they needed some training on what set of hakuma rules to apply. Customary law, however remained the same, though there were some differences in fines. Nyanthou Kavole of Lokwangole said that the judiciary was confusing things because there are different rates (fines?) under customary and criminal law. He complained that the government had not set amounts. 2.5 Gender, Youth and Minorities In open discussion, no interviewees volunteered the information that women could be chiefs. When pushed on the issue, they said that it was perfectly feasible for it to happen, but none of the chiefs mentioned in extensive discussions or even interviewed from Murle, Jie and Kacipo was a woman, so one can safely say that chiefs are almost always men. One informant said that if a woman was from a red chief family and was married, she could become a subchief. The only woman court member we actually saw – in a Jie village – could not actally say when she had last sat in on a case and seemed to be merely token – due it is said to pressure from the commissioner. 2.6 Selection/ Deselection: In Pibor Payam, the current Headchief Awowa Bodo contested an election in 1980 with Steven Alaan Lokinei (Tangajon: Yuor). Alaan had been a clerk of the court since 1966. Alaan won the election by 490 votes to 320 votes. However, in 1987 he came over to the SPLA/M side and Awowa took over. He has close links to Governor Ismael, and has now become Provincial Commissioner of Pibor County In Lokwangole, it is almost impossible to imagine that a Headchief would be chosen that was not from Tangajon. However, Nyanthou Kavole from Tangajon (Lettec) became leader in the only part of Lokwangole (Kongur) which is predominantly Ngarotti. He did this because he was considered a strong leader, and even when we interviewed him (aged 65) he was impressive. His father Kavole was brother to Barcoc Lual. Nyanthou described another case where a chief had been removed from office. Dhakdon Moak had ousted his father’s brother Arkiron, and Nyanthou felt that Arkiron would curse him as they are a family of red chiefs. In present-day Gumuruk payam, the Nyaloaga and their leader Burnian were badly defeated by the punitive 1912 Beir Patrol, Burnian losing his son Munang. As a result power in the Veveno valley was transferred to Burnian’s great uncle’s line through Lom. Now his descendent Gayin Thodoc Nyebu Lom is the chief. Poti Burnian - a previous headchief - had conferred the chiefship on his brother’s son Gayin because his own children were still young16. Poti Burnian’s line still keep the drum and are competitors for the chiefship (the son of Lomada Poti is being spoken of as a good prospect). 16 This succession was contested by Matung Bor – a black commoner from Maingoli but without success 24 In Marua Payam, the deputy to the Headchief – Lecinye Voro – replaced the previous deputy – Nyathou – when the latter went to Kothile village in Gumuruk in 1992. Nyathou had inherited the post from his father and was from Nyaloaga clan of red chiefs. However, Lecinye was from the black commoner clan of Maingoli, and his father had not been a chief. He was able to rise to the position because ‘people had become a bit educated’ - in the words of one informant. As a child Lecinye had been patient, spoke the truth and ‘knew how to divide things up in a good way’. In his case, therefore, personal qualities counted more than heredity. Whether this was because of ‘education’ or because the religiously-sanctioned power of the red chiefs is being brought into question is difficult to establish. In the past a criminal had been able to seek sanctuary at the house of a red chief, and under his protection anyone who came to his house to attack the criminal would be cursed; now, however, one informant said that such protection was being violated. As the following table shows, hereditary chiefship for the red chief clans is stronger in the more traditional cattle-keeping communities of the Lotilla, Kengen and Veveno river valleys. In Boma Payam, which is predominantly Tangajon, the Tangajon drum is said to be in a cave on Dorongwa Mountain where it was put for safe-keeping but the cave subsequently closed up trapping the drum. The chief at this time was Lokongwole. His son Tulbajok inherited from him. He was later killed by ‘Arabs’ but his son was too young to inherit and Tulbajok’s brother refused, so Gayin Nyiboi was appointed. After Gayin’s death in November 2004, a black commoner Ngalom Kurok was chosen unopposed ‘by the population’. He has 7 chiefs below him (each with about 4 subchiefs each). Korok Lokongole (no relation to Ngalom), from the ruling family and another of Lokongole’s sons is on the GoS side and he is still considered the red chief of the Boma Tangajon with spiritual powers, whereas Ngalom os just considered alaan ci turuki (government chief) with no supernatural sanctions. In the past, it was said that Red Chief followed Red Chief amongst the Murle. Now, however, according to Ngalom, it depended on qualities of leadership17. Amongst the Jie, Headchief Loleia was elected in 1975. He was popular as he was known as a warrior. They did not use the queuing system as he was not opposed – there was just a discussion and agreement on a single candidate. In the past the headchief of the Nyakurono section was Lozekano and his grandson Lokai has inherited the post. 17 He would hardly be expected to say otherwise given that he rose to his position by merit, while the hereditary chief’s family wait in the wings ready to pounce. 25 3 Pocalla Case Study 3.0 Introduction Pocalla is the county headquarters of Pocalla county – the home of the Anuak people18. The Anuak have been divided between Ethiopia and Sudan since the British ceded Gambela to Ethiopia in 1945. As a result two thirds of the Anuak are now found in Ethiopia. However, the king of all the Anuak, lives near Pocalla in Sudan and is recognised even in those parts of Ethiopia that do not have the system of nobility themselves. Anuak villages are found along the Pibor river around Akobo (known as the Ciro area), along the lower Oboth (known as Ojuaa), the Upper Oboth (the Adonga area), the lower Akobo (known as Nyikaani), the Upper Akobo (Thim), the lower Gila (Jor and Centhoaa), the Upper Gila (Batgila and Gok), the Obela (Ruanyi) and the Baro (Upeeno)19. It is the village (pac) which are the most important political unit which operates with virtual political and economic independence (Evans-Pritchard 1940:23). Villages of the Gila, Obela and Baro are all in Ethiopia, while the Akobo River forms the (unratified) frontier between the two countries, so the northern bank is Ethiopian and the south bank Sudanese. The Western part of Anuak territory is savannah (rup) which is regularly flooded and has sparsely distributed villages, whereas the upper reaches of the rivers from a line going through Pocalla eastwards is broadleaf forest (lol), where villages are more concentrated and the economy is predominantly agricultural with few cattle. The Anuak ‘belong to the Shilluk-Luo group of the Nilotic peoples’ which includes Shilluk, Anuak, Acoli, Luo and Pori (Evans Pritchard 1940:5). The Anuak used to occupy the Sobat river area (Bacon 1922:115). However, now only a few villages remain around Nyighum Umiel, as they have been steadily pushed out by the Nuer, who, in recent years, have also pushed them out from the areas SouthEast of Akobo. 3.1 Population, Structures and Territory of Traditional Leaders 3.1.1 POPULATION Lienhardt estimated the Anuak population in 1957 to be between 30-40,000 people with 2/3 (about 25,000) of that population in Ethiopia (Lienhardt 1957:341). Perner in 1994 revised this up to 50-80,000 for the whole Anuak (Perner 1994:23). 3.1.2 TERRITORY Anuak villages (pac) are independent entities, administered either by hereditary kings (nyiye) in the South and Southeast, or by chiefs/headmen (kuarro) in the North and in Ethiopian territory. The following is a rough breakdown of villages – which clans they belong to and whether they belong to kuarro (K), nyiye Tongoc (T) or nyiye Nyiudola (N): 18 19 Variously referred to as Anyuak (by Perner 1994), Anuak (Evans-Pritchard 1940) or Annuak. These divisions are however merely geographical and have no political relevance. 26 Village name Leadership Village name Leadership Village name Leadership Abol Abobo Kenha Koc Kwai tut Kwai tut Ukwaa Uleny T - Utongi Jowaatcaamo? Aboga Acua - Itang Adongwol Adongol Agak K Jowaatong Jowaatjaango T ? T Jowaatmaaro T K Liec Marjang Ngenyi Umeeda Umiel Uthili K Jowaatluaalo K Utiedi Kwai luak Ajwara N Nyang T N – Adongo Jowaatong uninhabited Jowaatong K N – Adongo Utigo Akek K Nyighum Uba Uwelo Akwaiyajok Nyighum Umello Ujuoniro No-man’s land Alangu/ Laango Alaari Alil Arieth Jowaatmaaro N - Adongo Unoccupied N K K Waliec N - Adongo Athero Kwai tut Awaro Awokoi No-man’s land K Obuodhi Pocalla Orema - Teedho Pagola Beet Buoung Pinykoaa Pinythin Burotor Bola - Raad Now Nuer Joponguu T K K Cam – Akobo Cam - Baro K Kwai tut Pirgwiny Pocalla Centhoaa Pocama Dhirmac Jowaatnaamo N T – Ujulu Cam Jowaatjaango Kwai luak Jowaatjaango N - Adongo Jowaatnaadhi K Jowaatnaadhi K Kwai tut K K T – Akuei Jowaatong N – Ucudho Jowaatong Kwai tut T – Cam N– Obang’s mother’s line ? N – Nyiguor Jowaatong Kwai tut No-man’s land Jowaatnaamo T – Gilo in Ukwaa Jowaatcuaai N - Aganya N - Kuot Kwai luak – Oballe Jowaatcuaai Kwai tut Dibango Dier - Uwalo Digiiri K K Kwai tut Teedo Ubaa Ubeer Dima Dippa Udiek – Umila Udiek – Pinthiny Kaara - Gorkuo K Jowaatong ? Kwai tut K Kwai tut N – Obang’s father N – but Eth govt dispute Jowaatcuaai T Kaara - Teedho Kwai tut Ukuuna Cuobo Daktek Diwathpen/Wathpen Dokoli Dumbang Guec Itang Ngok Nyigillo Nyikuar Oboo Obuodhi – Ukadi Pinytiidi Piro Pokumu Jowaatmaalo No-man’s land N – Obang’s father Poopeno Powiu Ugaa Ugak Uget Ugin Kwai tut Jowaatmaaro Kwai tut No-man’s land K Jowaatmaaro K N – Ucala Jowaatmaaro T? K – no man’s land Kwai tut kwai tut Ugol T – Akuei in Ukkadi Ukaadi T – Akuei Jowaatong Kwai tut 27 3.1.3 STRUCTURE Both nyiye and kuarro are hereditary posts, both with courts, both must be shown respect (special respectful language and bowing) and both are considered to have supernatural powers to curse people who cross them. The origin of Kingship is recounted in a story familiar to all Anuak, but which has important implications for the role of leadership in Anuak. In brief, the people were living under a headman called Chuwei, when a man called Ukiro appeared magically from the sky seated on a log in the river (hence his more common name Uchoda – meaning log). Uchoda saw some children fighting over fish they grabbed together out of the river with one at each end of the fish. He told the child holding the head to release it, and the one holding the tail was unable to keep hold on the slippery tail and the fish escaped. Then with another pair arguing over ownership of the fish, he told the one holding the tail to release it, and the one holding the head and the gills managed easily to hold it. He then declared that the person holding the head should always be adjudged the owner. When the children returned home and told Chuwei about what had happened, he decided to lay a trap for Uchoda the next day. Children were again fighting over fish so Uchoda appeared again and Chuwei’s people captured him and took him to the village. Uchoda refused to eat until eventually Chuwei sent his own daughter to persuade him to eat. She was successful and continued to administer to his needs until eventually she became pregnant. At this stage Uchoda decided to return to the river to escape the wrath of Chuwei. The child was born, and after many years, Chuwei had become tired of leading and had stopped judging cases – saying both parties were right. The child (Gilo) had inherited his father’s ability to judge cases so eventually he was made the first nyiye. 3.1.3 a) Nyiye Of significance from the above story is not just the necessity for a nyiya (usually translated into English as king, though noble would almost be more correct20) to be able to judge cases, but also the precedent set for nyiye to move to the villages of their maternal relations (usually mother’s brother) and take over the leadership there; this both explains and justifies the expansion of kingship from its origins in the South (around Adonga) to other areas. Another story, which can actually be confirmed in the genealogies, concerns Gilo’s descendent Goora (approximately 9 generations afterwards) who had three sons. Two (Apiir and Ulueth) were born from sisters one of whom was called Nyiudola, and the other (Udiil) was from another wife called Nyigoc. WhenGoora was old he decided to send out his sons (through different wives) to the villages of their maternal uncles. Udiil went to Abobo on the Aluro river. After Goora’s death, Apiir was crowned, and, when he died while his children were still young, Udiil succeeded him. From these children, Udil and Apiir, originated the two lineages that contest the right to be crowned kings – the Tung (lineage) Nyiudola and the Tung Goc. The current king of all Anuak – Adongo Agada can trace his lineage through 6 generations to Goora and Nyiudola. The king of Ukadi on the other hand is from Tungoc, and traces his ancestry back to Udiil. 20 There is no word for king as distinct from noble – they are both nyiye. According to the explanation given in the following paragraph concerning investiture, the word nyiya (pl.nyiye) will be used as local people use it to refer to the actual current king in possession of the royal emblems and those who have once been in possession of them - though in English they would strictly be kings and nobility (or ex Kings) 28 All those born into a noble clan through patrilineal descent and invested with the royal emblems (crowned, as translated locally) becomes a nyiya or noble. If a person was not invested in his lifetime with the royal emblems, his descendents lost their status as nyiye. The emblems consisted of the beads of Uchoda (uchuok), the beads of Chuwei (Gurmatto), the royal drum (udola wuruchamu), the throne made by Uchoda (wellu), and various other objects (see Evans Pritchard 1940:76; Bacon 1922:115). In the past, there was a fierce contest for possession of the royal emblems – usually between Tungoc and Nyiudola – which often resulted in the death of the previous kings21. There were therefore no ex-Kings. Many members of Tungoc and Nyiudola who died without being crowned nyiya lost their status of nyiye and joined the clan called Jowatong (ex-nobles). Their descendents would never be able to become nyiya even if they could obtain the royal emblems because of the rules of patrilineal descent. However, from the end of the 19th century, when weapons arrived from Ethiopia, certain famous kings (including Udiel war Kuat, Ulimi war Agaanya and Akuie wa Cam) were able to defend themselves more effectively and hold onto the emblems for some time. At this stage, in the interests of maintaining the nyeye clans, a kind of ‘symbolic’ conferring of the royal emblems began. Individuals became ‘kings for a day’ by being given the royal embems to wear in an investiture ceremony organised (and paid for) by their maternal uncles. The cost of the ceremony was equivalent to a marriage dowry (i.e. 4 dumui bead necklaces, 2 tineth bead necklaces, 40 spears, 2 cows, 1 goat). They could then return to their villages as ‘crowned’ nyiya and continue the blood line. Name Clan Year of Crowning Village Comment Adongo Agada Akuei Akuei Nyiguor Akuei Cam Udiel Kot N 2001 Utalo T 1981 Ukaadi T 1960’s Liec Jai Cam Akuei N 1981 Daktek Ujulu Cam Abulla T 1997 Jor/Othuol Has four kwai luak under him Ukaadi originally settled by Alel Udiel Originally settled by Akuon Udiel Selected by his father. Lost support of maternal relations has no power Used to be based at Abobo -originally settled by Nginyo Udiel? Utongi Nyiguor Aballa Cam Medho Kuot Cam Medho Ucudho Odol T N Obodi Ojula Aganya T N T Ukwaa Ajwara suburbs Ajwara Centre Obuodhi nr. Pocalla Ucudho Ajiengho Adongwol N N 21 Brother of Kuot Cam Dead – awaiting arrival There was intermarriage as well as rivalry though : the first king of Ukadi (Tungoc) gave his daughter to Cam Gilo (a famous leader – also called Cam wi Nyijua)and they gave birth to the famous Nyiudola warrior Akuei wa Cam 29 Nyiguor Ajulu N Pinythin Amoro Ajambo Kuat Obang Obala N Agwata N Guec Gilo Okwang Ujak Amedho T N Ugaa? Umila Ucala Ukumping N 2000 Udiek – nr Ukwaa Centhoaa Itang Opem Udola Gilo N Ujulu Medho N Obang Cam Ojullu N Not yet crowned onyeya ex Kh of brother Cam Udiel Gora to succeed. Adondwol settled (by force) by Aganya Udiel, whose son Ulimi wa Aganya raped and pillaged the Nyiudola Settled by Uduro Ubang Gilo Ulueth, greatgrandson of Ulueth one of the sons of Gora. Nyigour never leaves Pinythin Settled by Ubang Gilo Ulueth, grandson of Ulueth - one of the sons of Gora Village was kuarro before – Ujak’s brother was first nyiya Temporarily replaced King Agada when he died while Adongo was fetched Pogola Each nyeya has reception hut (didik) in his court where he will receive visitors seated on a raised platform (thudhi) seated on skins. Near this place will be a grove of trees where people attaend their audience. The nyeya is attended by various court officials. The most respected is the nyibur who is in charge of the royal household, can act as the ambassador of the nyeya and doesn’t have to remove his shoes when he is with the nyiya. The respect with which he is seen is indicated by the fact that the current King Adongo even said that he had to slaughter a bull before asking his nyibur to undertake an assignment. This particular man had inherited his post from his father. The nyikugu22 deputises for the king in his absence and has a hut just in front of the homestead of the nyeya. Aside from this there are other officials such as kwaikodo (in charge of the court drums), kwailuak (in the court he leads the royal bodyguard), the nyithengo (personal guard to the nyeya), nyiatuel (messengers) and nyikeeno (in charge of preparing food for the nyeya who does not eat food prepared by his wives) (Evans-Pritchard 1940:69). 22 The nyikugu himself has a deputy known as nyinin nyikugu 30 3.1.3 b) Kuarro Kuarro (headmen or chiefs) also have their own court. There is a reception hut, known as udiang where he will see cases with his officials. He has a representative known as nyikugu, who can come from any lineage, to whom he can deputise some of the tasks of running the village. In a more ambassadorial role is the nyibur, often the most senior member of the people who first settled the village (kwai ngom – the owner of the land – responsible for regulating hunting and fishing). Headmen are considered to be the people who ruled the land before the kings came. There is a leader known as kwai luak (owner/ancestor of the cattle byre) – a name that was initially associated with the sponsor of an age-set (also called luak) but which has a sense of being a ‘shepherd’ of the people. A kwai luak doesn’t need to be the son of a kwai luak. There are also nyiatuel and nyikeno like in the royal courts. Commoner clans (jowat bayi) are found scattered throughout Anuak area. The Jowatong have become one of the biggest of the commoner clans. In general, though Jowatcuaa (literally the people(jo) of the children (wat) of Cuaa) are considered the biggest, and are dominant in Pocalla, Utigo, Umila, Itang and Agwata. Meanwhile, Jowatmaaro are second and dominate in Ukuac, Powiu, Olau, Udiek and Uber. Jowatnaadhi follow – dominant in Nhighum – followed by Jowatong, then Jowatmaalo (numerous in Pakumo), Jowatjaango (in Inyuany, Chuobo and Abobo), Jowatlualo (in Umiel), Jopanguu (in Buong) and other small clans such as Jowatnaamo, Jowatkaanyo, Jowatyuaa, Jonyang etc. Position Chief - Kuarro Chief Chief – kwai luak? Chief Chief Chief Chief Sub-Chief – kwai luak? Sub-chief – kwai luak Ass.Sub-chief – nyinim kwai luak Kwai luak Name Clan Okello Ojwok Uguok Wangabol Oballe Ogoni Ocan Odwong Pithduong Chamchalla Abulla Agat Apathmac Obutha Nyang Deng Onyajwara Adari Okollo Othou Ujiel Akuei Obuongi Nyikango Obang Palata Mamur Watmaaro Village Aleu Ujua Utigo,now Grandfather Ocan was chief. Utaalo He was appointed by Agada Utalo Langu Daktek – originally from Oboo of Ciro Lou Nr. Gorkudu A kwai luak appointed by the king in 2002 – undermining the authority of the sitting Nyeya Jai Cham who should select his own kwai luak Ujwaa Adongol Village is under Tungoc (Cam Udiel Gora in Kh). Has been chief 18 years – father and brother before him He is judging cases and referring to King Adongo Ajwara Padong Comment Ajwara Nhighum Umiel 31 Appointed by Kuarro 3.2 The Work of Chiefs One informant described the role of both chiefs and nyiye as being to solve problems between people and see cases (luk). The nyiya is supposed to give gifts with the wa ngome (owners of the land) thereby maintaining their support. This mechanism keeps him more accountable to the people. 3.2.1 WAR EFFORT/TAXATION THE SPLA/M has had to apply pressure on people to extract taxes. When they try to recruit parents often agree but the young men run off to the gold mines at Dima in Ethiopia to escape. 3.2.2 COURTS In murder cases the perpetrator will sometimes run straight to the court of the king and seek protection (like in Murle with the red chiefs). The family of the victim are not able to seek him while he is under the protection of the king. This helps prevent ‘instant’ justice and subsequent blood feuds (the process is known as bluntening the spear or gurtong). The king, often through a kwai luak, then contacts the victim’s family and ask them if they want compensation or some other form of justice (in the past a replacement child was sometimes paid to compensate the family or it seems revenge was possible in the past). At the time of compensation payment both families go to a place called pur where the settlement is made. Court fees, it seems, are given to the king, though we did not establish whether a percentage is taken off this amount. The king of Ukadi said the fine for murder was five dimui bead necklaces, two tinet bead necklaces, ten cows, and one bull for the gurtong ceremony. This fine was quantified in order to allow the family to marry a girl in the name of the dead person.The guilty man would then be provisionally released to collect the fine. The king’s fee was 1 heifer, with 2 bulls to given to him to sacrifice for the people. 3.3 Relations between Chiefs and Local Administration Deputy Commissioner Gilo Obang Okelo said that chiefs (presumably meaning nyiye as well) don’t want to work with the payam administrators – “Chiefs are everything”, he said. “They don’t want to share power”. Under the Government of Sudan, there had been no government officials at a payam level – only in Pocalla. Authority was concentrated with King Agada – and any government policy had to go through him. The king would then brief people on government policy. Now, the government call the people to meetings directly for payment of tax or to construct projects, but these can be sabotaged by the chiefs. As a result, it was observed that it was King Adongo who organised community mobilisation for a school to be constructed, and to clear the site for a TB clinic in Pocalla, even though he was 1 hour’s drive away. In reality no government taxes are collected outside Pocalla, and even then only from taxing the traders. The Deputy Commissioner claimed that nyiye feel that taxes belong to them. When chiefs and nyiye are chosen it is without reference to the government authorities and if the authorities want to dismiss someone, it will have to be through a court case. In Ethiopia, the Mengistu government tried to eradicate traditional leaders – replacing them with a post known as kwai tut – village representative – of likim aber – village leader. No-one dared to be crowned during that period. Since then 3 nyeye have been crowned (Ujulu Cam, 32 Ujulu Medho, and Opem Udola Gilo – from Jor, Itang and Centhoou areas respectively) but significantly they have all stayed in Sudan. The EPRDF Government in Ethiopia are currently fighting an insurgency by the Anuak-led Gambella People’s Liberation Front. The GPLF claim that EPRDF troops massacred hundreds of Anuak and Nuer in December 2003, following the killing of UN staff on the road to a refugee camp. The result has been the flight of tens of thousands of refugees into the Pocalla area – including, the EPRDF say – some GPLF fighters. Given that oil had been discovered near Gambella is being exploited by the Malaysian Petronas oil company, it is unlikely that the situationis going to be resolved easily. 3.4 Relations between Chiefs and Local Judiciary There are no government courts outside the context of the traditional authorities. Traditional courts even see cases of murder – though they will refer the most difficult cases to the court of the King Adongo at Utalo. It was said that in really complex cases Adongo would see the case together with representatives of hakuma. 3.5 Gender, Youth and Minorities The inheritance system for both nyiye and kuarro make it difficult for women to become chiefs. We did not meet any women chiefs during our visit. The humble attitide shown towards the traditional authorities – bowing and taking off shoes – is duplicated in the way that women behave towards men. Where men crouch in the presence of chiefs women kneel. Due to the fact that nyiye rule until they die, the traditional authorities are even older than in other places, and young people – such as the uncrowned nyeye Obang Cam Ojullu – must defer to their elders (despite, in this case, being very well versed in Anuak history and traditions). 3.6 Selection/ Deselection: Nyeye cannot abdicate – they are crowned for life – and it was said that a nyiya cannot be replaced until he dies. The Nyeya of Ajwara, Kuot Cam Medho, is seen as having a ‘mental disease’ because he is always drunk. However, he has not been replaced – his cases are being seen by a kwai luak called Akuei Obuongi reporting direct to King Adongo. Kuarro, however are often removed in rebellions (agem). These take place within families rather than between because a kuarro is usually from the family of a kuarro. Therefore, if a kuarro is doing a poor job, people will start to show less respect to him, and might eventually conspire with the son of another kuarro to get him to make an agem. However, in the two cases we heard about where a kuarro was chased out, they were both replaced by their brothers. If a nyeya dies, he will be replaced quickly to prevent a nyeya from another area taking over. A king must be the son of a king – hence the expression I heard that all the nyiye of Anuak were brothers. A subchief (kwai luak) doesn’t need to be the son of a sub-chief, and is chosen, by popular opinion by the clan of the sub-chief (dho-oto kuarro). When King Agada died, a message was sent for Adongo to be fetched from Khartoum, from where he was leaving with his family to Canada. As an immediate replacement, Ujulu Medho was appointed as acting-King. He is cousin, not a blood brother so there was less threat he would take over. Adongo’s mother was from the Jowatong clan, which together with the Jowatcuaai and Jowatnaadhi often provide the wives of nyiye as they are large clans and large number of in-laws could be mobilised in the past if there was a conflict for the monarchy. Adongo was crowned in the courtyard of his nkikugu (senior advisor and deputy). 33 In Ukadi, the son of Udiel, Alel Udiel, found a kwai ngom (Oboc) already in place when he arrived in the village. He said he was a guest (wele) and was given a piece of land. He had cattle and was generous in helping Oboc, who had leprosy. As Oboc had no son he handed the leadership over to Alel. The current king is Akuei Nyiguor Akuei. He became king in 1981 when his father was killed by ‘arabs’. Before his death he had left the message with a friend that he wished Akuei to succeed him in the event of his death. He was crowned by Adongo. King Adongo did not play any part in chosing the king – his role was just in the coronation. Obang Cam (onyeya – or still uncrowned) recounted the history of the kingship in Pagola, back as far as Ulueth, son of Gora. Ulueth’s son Ubang was ‘given’ Guec village. One of his sons stayed in Guec while one moved to Pinythin and the other (Odiel) moved to Obulic [cannot locate this on the map]. Odiel died and his sons inherited – first Omot, then Ujulu, then Okunu, then Ubang but the first three died before or soon after their coronation, and the fourth failed to mobilise his maternal relations to collect the wealth necessary for the coronation. So finally the son of Ujulu, Cam Ujulu, fearing that the kingship might be lost organised the required wealth from his maternal relations in Pagola and was crowned, even though his uncle was still alive. Cam died in 2001, and his son Obang Cam is awaiting the wealth to be collected by his maternal relations in a village near Pirwinyo. As Pirwinyo is under a Tongoc nyeya he will probably remain at Pagola – though when Cam Ujulu moved to Pagola, there was a sitting Tungoc king Cam Odiel Kot who lost the support of the kwai ngom and left for Liec. Udiek is a kuarro village on the lower Akobo (not to be confused with the Udiek of the Upper Akobo which is nyiye). Due to water problems (and in part to Nuer raiding) the village has been abandoned and the kuarro Owar Alei Ajak is taking shelter in nearby Umila under Nyeye Ujak Umedho. Udiek is a village belonging to the Jowatmaaro clan, and Owar is from this clan. He became kuarro in 1989 after his father, who was also kuarro for 30 years died. It had been his father who, before his death, had chosen Owar as his successor even though he has an older brother. In Umila, Ujak’s brother (Bampac) had been the first nyeya of the village and when he died Ujak took over from him; their father had married a girl from the Jowatcuaai clan of Umila who were the wek ngome of the village and who supported Bampac to be crowned. This is an almost textbook example of the way a village becomes nyeye. 3.7 Independence/ Legitimacy/ Interference: The respect shown towards traditional authorities in Anuak far outweighs their respect for the civil administration. However, Pocalla is in a sensitive military position, on the border with Ethiopia, and it is the SPLA who have real power. Pocalla was taken from the GoS by a force made up predominantly of Bor Dinka, and many have stayed in the area and settled with their families. There is a refugee camp at Pakok between Boma and Pocalla for displaced people from Jonglei, and another set up in at the beginning of 2004 for Anuak refugees from Ethiopia at Alari. It is clear that there is substantial intimidation of traditional leaders in Ethiopia, and the policy, under Mengistu, of having a standardised system of TA – called kwai tut – rather than nyiye and kuarro villages, has been continued by the current regime. General Conclusions: In general, where the researchers were looking for a hierarchy of chiefs, structures were flatter than could be expected, roles more interchangeable and the difference between a head chief 34 and an executive chief not that clear. Sometimes the term senior chief and junior chief would be more appropriate than chief and sub-chief; often chiefs are of the same level but one has a bigger population than the other so has the role of headchief while the other remains a chief or executive chief, until his population increases or the government decides to appoint more headchiefs. Johnson (1986:71) notes that amongst the Eastern Nuer, attempts to distinguish between chiefs and subchiefs in the 1930’s floundered on local resentment. Chiefship is difficult to capture and questions of power seem to bounce of it. There is a sense that chiefs do not need to explain themselves to researchers/ the government/ the SPLA. They have a sense of their own legitimacy, sometimes supported by supernatural power and given legitimacy through lines of inheritance. Often when people talk of ‘traditional authority’, they are also talking about traditional values – hence there was always talk of ‘customary law’ and its implementation in the law courts by ‘traditional leaders’. One such value includes the democratic right of people to sit and listen to cases seen at public courts and give their comments. It seems that a chief’s judicial role is probably his most important role. It came up in many interviews that older men were preferred as chiefs, and younger people criticised because they ‘hadn’t learned to talk’. It is significant that chiefs are expected to be able to talk in a calm, peaceful way without the hot-blooded passion of youth. This emphasises the peace-making and bridge-building role considered so important in the role of a chief. Chiefship based on ethnic identity works as long as the population is ethnically homogeneous. With mixed populations, the key is how comparable the customary laws are in each group. For example if both groups believe in blood compensation for murder, it will be easier to resolve inter-tribal disputes traditionally. Election/Selection: at present the office of chief is almost impossible to separate from the person who occupies the position. Even with this system the institution continues to attract a high degree of support. The respect for the institution of chiefship seems tocome from the selection of the people with certain proven characteristics rather than making chiefs accountable once they come to power. It is rare that chiefs become drunkards or neglect their people, but if they do amongst the Anuak, the kings are almost impossible to remove, while amongst the Murle and Dinka it is fairly rare for a chief to be removed (Nuer on the other hand seem to be more accountable). The semi-spiritual side of Murle red chiefs and the rights of certain families to inherit the chiefship amongst Dinka would be called into question if chiefs could be easily removed. In the end, though, accountability of traditional leaders comes, in large measure from the fact that leaders need a large degree of public good-will in order to rule in societies where concensus is highly valued. 35 Annex 1: Bibliography Bacon Lt.Col CRK (1922) ‘The Annuak’ in Sudan Notes and Records 5(3)pp113-129 Collins RO (1960) ‘Patrols against the Beirs’ in Sudan Notes and Records 41 (pp35-58) Evans-Pritchard EE (1940) The Political System of the Annuak of the Anglo-Egyptian Sudan. London: Percy Lund/LSE – Reprinted 1977 by AMS New York Evans-Pritchard EE (1947) ‘Further Observations on the Political System of the Annuak’ in Sudan Notes and Records (28)pp62-97 Lewis BA (1972) Red Chiefs and Black Commoners. Oxford: Oxford University Press Lienhardt G (1957) ‘Annuak Village Headmen: Headman and Village Culture’ in Africa 27(4)341-355 Lienhardt G (1958) ‘Annuak Village Headmen: Village Structure and Rebellion’ in Africa 28(1)23-35 Lutz G & Linder W (2004) Traditional Structures in Local Governance for Local Development. World Bank Institute & Swiss Agency for Development Co-operation. Logan Col MH (1918) ‘The Beirs’ in Sudan Notes and Records. 1(1918)pp238-248 Mohamed Osman el Sammani (1984) Jonglei Canal: Dynamics of Planned Change in the Twic Area. Khartoum: Graduate College Publications Perner C (1994) The Anyuak: Living on Earth in the Sky – Volume 1: The Sphere of Spirituality. Basel: Helbiag & Lichtenhahn Perner C (?) The Anyuak: Living on Earth in the Sky – Volume 2: The Human Territory. Basel: Helbiag & Lichtenhahn Perner C (?) The Anyuak: Living on Earth in the Sky – Volume 6: The Political Body: Power and Authority. Basel: Helbiag & Lichtenhahn 36