Maban County Migration Conference held in Bunj, , on 12 to 14 June 2012

REPORT

Introduction

This is a report of a Cross-Border Migration Conference held at the Bankuman Primary School in Bunj, Upper Nile from 12-14 June 2012, arranged by Concordis International and funded by the European Union.

Background

Maban County borders four counties in Upper Nile State, to the North, Melut and to the West, and to the South. Blue Nile state of the Republic of Sudan borders the County to the East. Maban County possesses huge grazing land and water for livestock. Fellata pastoralists from Blue Nile state annually migrate into the county to graze their cattle on these pastures and water during dry season. During the current dry season beginning in December 2011, four clans of the nomadic Fellata tribe have migrated into the County.

Since late 2011 fighting in Blue Nile state has caused a large number of refugees to enter the county. There are currently three refugee camps in Maban County with an estimated total of 100,000 refugees.

Concordis organized the conference in response to local concerns about relations between the Fellata pastoralists, the host communities and the refugee populations. In the past the local Maban communities and the Fellata pastoralists have coexisted peacefully with periodic incidents such as fighting, problems between the pastoralists and farmers over grazing area and competition over resources. Both communities expressed a desire to create a mechanism for dealing with these incidents and strengthen relations between the groups. Now with the continued influx of refugees into the area it is anticipated that tensions may rise over limited resources. Additionally the fighting in Blue Nile state and internationalization of the border have created new conditions which have not existed before and will affect the traditional movement of pastoralists.

South Sudan‘s independence on 9 July 2011 has heightened suspicion and fear, which is now an aspect of the relationship between northern pastoralists and host communities. Pastoralists fear they will not be given access to traditional grazing lands, that they will be harassed by security forces and that they will not be protected by South Sudan law enforcement agencies. South Sudanese indigenous populations fear attacks if pastoralists carry weapons and there is concern about the pastoralists’ impact on the environment through killing of wild animals and cutting down and burning trees. Some fear that pastoralists are acting on behalf of the Government of Sudan in obtaining information about South Sudan. There is a lack of understanding of the positive impact that pastoralists have within the South Sudanese economy and suspicion of the way of life of pastoralists.

The internationalization of the North-South border and lack of agreement on post-separation issues between the two countries has resulted in (partial) closure of the border to trade and

This document was produced with financial assistance from the European Union. The contents of this document are the sole responsibility of Concordis International and can in no way be taken to reflect the views of the European Union. movement. The militarization of the border by both Governments has intensified these problems, creating threats to the security of people in the border areas. Insurgencies on both sides of the border have made the areas even less secure and caused tensions between cross-border communities who may be perceived to be aligned with one side or another. Conflict could easily break out due to these tensions, particularly during the pastoralists’ migration back to Sudan.

Purpose of the conference

The purpose the conference was to bring together Sudanese pastoralists who migrate into Maban County, officials and community representatives from the county and leaders of refugee populations from Blue Nile currently in camps to discuss challenges to peace and stability in the county and agree upon solutions for these issues including the migration of pastoralists into the county. Plans for implementation and follow up of these solutions and agreement were also developed. The conference had the additional purposes of enabling participants to gain increased understanding of conflict and conflict management and to provide information concerning agreements relating to the border between Sudan and South Sudan.

The intended outcome of the conference was enhancement of the conditions necessary for peaceful co-existence within Maban county between cross-border populations.

Conference participants

Conference participants were drawn from the Fellata tribes currently in Maban (Wela, Gamba and Ambororo clans and the Paramount Chief representing nine Fellata clans), representatives from each payam of Maban county and representatives of the Blue Nile communities in the refugee camps in Maban (Gabanit, Agedi, Jego and Uduk). All 5 payams of Maban County were represented by a head chief and a women’s representative. Local officials from Bunj also attended including the RRC representative, a representative from the SPLA and SSPS and the Paramount Chief of the County.

Facilitation of the conference

The Conference was organized by Concordis International in collaboration with the local authorities including the County Commissioner and the County RRC representative. Facilitation during the conference was carried out by Gatkuoth Kai Bol, Concordis Programme Coordinator and Jimmy Okumu, Concordis Deputy County Director. UNMISS provided transportation for Concordis staff.

Conference proceedings

The three day conference had 9 sections: 1. Opening sessions - Background to Concordis International’s Cross- Border Project - Speech by the County Commissioner 2. Understanding conflict and conflict management 3. Plenary discussion 4. Presentation of high and local level cross-border agreements 5. Discussion in working groups (see Annex for details) 6. Drafting of an agreement in a working group 7. Presentation of the draft to the participants for comments

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8. Signing of the final agreement 9. Closing

Opening Gatkuoth Kai Bol Concordis Staff introduced himself as the facilitator for the event. He requested participants to introduce them, their areas, roles and the group to which they belong. This was immediately followed by prayers led by both a representative from Muslim and Christian leaders.

Concordis Country Director for South Sudan, Mandy Gardner introduced Concordis International as an impartial and independent organization working in the South Sudan and Sudan border areas. She outlined the objectives of the cross-border conflict prevention and peacebuilding project and activities, including the series of county migration dialogues currently undertaken in Upper Nile state. Then the RRC representative welcomed the Maban County Commissioner to the Conference and invited him to give a speech to the participants.

The County Commissioner welcomed all the participants to the Peace Conference and the Fellata and refugee representatives to Maban county. He stated that all the people present are part of the Maban community. The Fellata have always had a good relationship with the people of Maban and the farmers when they come during the grazing season. Many of the Fellata were born in Maban and they are party of the County. Sometimes there have been problems between the communities but they have always found a way to solve them. The Fellata need to understand that now South Sudan is independent. However, they will be allowed to enter the county and graze their cattle as they have for many years.

The Commissioner stated that these conferences are very helpful to reduce community tensions which may exist between Fellata and the indigenous population of Maban. Any problems should be solved peacefully and he hoped the conference would give them the skills to solve conflict.

To the refugees from Blue Nile, the Commissioner said that they were also part of the community and they are always welcome in the County.

Gatkuoth Kai Bol from Concordis International read the objectives of the conference as follows: that the conference will facilitate dialogue aimied at creating a culture of communication and consensus, leading to confidence-building and improved interpersonal understanding among the border communities to enhance peaceful coexistence.

He went further to say that the conference aims to help the participants better understand conflict and develop skills for conflict management. The conference will also facilitate information dissemination to ensure that the target groups are aware of agreed local agreements and resolutions reached at state and the high level peace negotiations.

Understanding Conflict and Management Jimmy gave an interactive session on understanding conflict, conflict management and non- violent approaches to conflict. He provided an example of a boy who has received a mango and decides to hide it. When he discovers his sister has stolen the mango they begin fighting and both of them are hurt. The mother intervened and she learned that the son wanted the mango seed to plant outside their house and the sister wanted the mango to eat. Jimmy asked the participants why this conflict had started and the participants replied that if they had communicated and used non-violence neither of the children would have been hurt.

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Jimmy then described that people receive information differently and interpret them differently. The information you receive might be true or not be true. We sometime receive false information like the way you received them in the exercise and sometime we act at the basis of rumor which becomes one of the causes of conflict rumor. He elaborated that miscommunication can cause suspicion, conflict, and violence.

Jimmy asked participants what the sources of conflict were in the participants’ communities. The participants identified multiple sources including; pastoralists grazing their cattle over farmland, lack of understanding, dishonesty, greed, competition over resources and disrespect between people.

Then Jimmy presented on non-violent approaches to conflict. He gave an example where a village chief heard that his village was being attacked. He was unable to decide what to do so he went to the attackers without any weapons and crawling on the ground. Because he was unarmed and did not retaliate the attackers spared him and stopped the attack on his village. Participants then engaged in a discussion about how non-violent approaches could be used in their communities.

Plenary Discussion on Conflict in Maban County After the presentation on understanding conflict and non-violent approaches to conflict, the participants were invited to share their views on the presentation as well as conflict in Maban County.

A chief remarked that conflict management requires understanding others’ ethnic backgrounds and attempts to coordinate among tribes. He also stated that wisdom is required to deal with conflict in society. The Paramount Chief of Maban stated that leaders should be held accountable to the people and that the leaders are responsible for dealing with crimes. A representative for youth in Maban County said that education is key to resolving conflict and our children must be educated to deal with conflict. He continued that conflict will not just finish but it requires people to be actively engaged to reduce it. Another chief commented that escalation of conflict often results from lack of leadership to make key decisions which are needed. Leaders can be either peacemakers or troublemakers in the communities.

A representative of the Catholic Church commented that people should use information to solve problems and not listen to rumors. Understanding people’s cultures and traditions is the best way to combat conflict. A representative of a Fellata tribe said that there should be awareness of the communities on mechanisms for conflict management and he hoped they would get this during the conference. A representative of women in Maban said that wise people in the communities should influence everyone toward peace. All communities should respect local beliefs and ownership of land. Many of the conflict come between Fellata and farmers because the Fellata livestock destroy the farm fields.

A Fellata representative responded that it is true that farmlands are sometimes destroyed by their animals but when it happens they give compensation to the farmer. The Fellata know Maban County just as well as the Maban people do because they have been coming there for so long. A civil society representative then commented that the problems like this are seasonal during the harvest and when there is a scarcity of water and people fight over water points. If these problems arise then there should be a Council of Chiefs to address the conflict between the Fellata and the Maban people. A representative of the refugees then noted that they have livestock they brought from Blue Nile and they may also destroy farmland. A representative of the Maban community remarked that while it had been agreed previously that pastoralists should not carry guns and Thurayas, some Fellata still do and it threatens the

4 communities. They are concerned that if pastoralists have Thuraya phones they will communicate to others and it will cause a security problem. Another representative from Maban noted that there are also guns in the Maban communities and in refugee camps and it is not just a problem with the Fellata.

Agreements and Structures for Border Management Mandy Gardner, Concordis’ South Sudan Country Director then presented the range of high- level and local agreements that are meant to manage cross-border relations. First she reviewed the international agreements signed between South Sudan and Sudan which concern management of the border and the borderland populations. This included the provisions for a demilitarized border zone, movement of people and goods through specified corridors, the creation of the Joint Political and Security Mechanism and other mechanisms to deal with conflict and border issues and the border demarcation plan. She noted that while many things have been agreed on paper, most agreements have not been implemented and the parties and are still in negotiations in Addis Ababa to determine how to move forward.

Then Mandy reviewed the state and county-level migration agreements from Upper Nile, Unity and Northern Bahr el Ghahzal states. She described the conferences which had taken place and the different structures agreed upon in those conferences. Concordis brought copies of all the agreements discussed for the participants.

Participants then asked questions about these different agreements. Several participants asked why the four freedoms, the right to live, work, own property and move, have not been implemented. Another participant asked if the UK had maps of the border areas to prove the 1956 borderline and how they would go about demarcating the border.

Border Peace Committees Jimmy Okumu then spoke about the establishment of Peace Committees in the border areas as a mechanism for dealing with conflict. The membership of this committee comprises of the Commissioner, the Paramount Chief and others from the local community. He highlighted on the role that the Peace Committee has played in Melut. An incident occurred when a chief decided to direct the Fellata to one part of the land and the other chief did not know and this created tension. The Peace Committee in the area played a key role in bringing the parties in the conflict together to resolve the conflict peacefully.

Working Group Discussions The participants were asked to divide into 5 discussion groups: Fellata pastoralists, Blue Nile refugees, local chiefs, government officials and civil society. Each group was asked to focus their discussion on their needs, challenges, proposed solutions to meet their needs and overcome challenges and what are strategies for implementing these solutions.

Following the discussions in the working groups, the groups reported back to a plenary session of the conference. The points made by the various groups as written by them are set out in the attached Annexes.

Drafting of Agreement Following the presentation of the working groups, each group nominated 2 representatives to participate in the drafting of an agreement based on their discussions. These representatives sat together with Concordis staff who facilitated the writing of an agreement.

Presentation of the Draft Agreement

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The draft Agreement was read at a plenary meeting of participants. The participants commented on each article and their comments were incorporated when agreed by all present. A final draft of the Agreement was then produced and signed in the presence of the Executive Director of Maban County. The agreement is attached as an annex.

Closing Gatkuoth thanked the Maban Executive Director for attending on behalf of the Commissioner. He also thanked all the participants who attended the conference. He then invited representatives from each group present to say a few remarks.

A representative of the Blue Nile refugees thanked Concordis for organizing this conference and the Executive Director for attending. He recalled what the Commissioner said, that the people of Blue Nile also belong to this land. He thanked the Commissioner and the whole government of South Sudan. The Blue Nile refugees feel at home in Maban county.

A representative of the Fellata thanked the commissioner and Executive Director and all the participants of the conference. He noted that have never witnessed such interaction between these communities as during this conference. This shows that we are living together peacefully. He thanked Concordis for brining everyone together. What they have agreed should be implemented.

A Maban civil society representative gave thanks to God and gives gratitude to the Executive Director. He thanked Cocnordis for organizing the conference. This conference is the first such conference he has attended. What they learn from here can help us solve the root causes of conflict which will help all people in Maban. This workshop has given us a chance to know our rights and freedoms. Our brothers the patoralists who come to our land should feel like each of us as a Maban. Our brothers from Blue Nile are also considered as brothers. If there is a conflict between us who are here, let us solve this conflict in a peaceful way. He also requests that the agreement be implemented on the ground. This workshop was enjoyable and can be taken to the Boma level.

The SPLA representative thanked the County Commissioner, Executive Director, Concordis and all the chiefs participating. He said the work we have done has been a good job and it will bring peace in the county.

The Paramount Chief of Maban thanked the County Commissioner, the Executive Director and Concordis. He stated that this is the first time a conference like this happened in Maban and we have learned how to understand those around us. He urged the local government and the chiefs to communicate this agreement to their people. This agreement can help us them doing wrong.

A women’s representative thanked all the participants, the Executive Director and Concordis. This is what we are looking for. The women are very marginalized and this agreement can bring us together. Let these words be implemented.

Mandy Gardner of Concordis thanked the Commissioner, Executive Director and the participants. Everyone has shared very openly during this conference and it is clear that you all want peace and to live together. She stated that Concordis will continue to support the people of Maban, the Fellata and the refugees on issue of peace.

The Executive Director for Maban closed the Conference by saying that he has never witnessed a conference like this. He encouraged the chiefs present to take care of their

6 people and protect peace through their actions. The chiefs have an important responsibility to and they should take this very seriously.

He then asked that the pastoralists as well as the rest of the participants should not carry guns because they cause conflict and problems in the County. All the participants should feel welcome and safe in Maban County. Each of the groups provides something to this community, the Fellata bring meat and milk to the market and the people of Blue Nile bring sorghum. As God has brought everyone from their various places, let them be together as brothers and sisters here in Maban.

The conference was officially closed by the Maban Executive Director.

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Annex 1: Output from Working Group Discussions

Group 1: Pastoralists Needs  Mobile school to travel with them as they move, they need to educate their children and they need the support of the community to do this  Human and veterinary medicines  Grazing lands which are far from farmlands  Clean drinking water for drinking in pasture zones  Free movement of nomads across both sides of the border

Challenges  Multiple taxation along their grazing routes in different counties  Problems with the host communities, they are denied access to certain grazing corridors even if they are far from farmlands  Lack of integration between the Fellata and the host community, they have been coming for many years but they are still treated like strangers, they can participate in social activities with the communities  Theft of livestock  Lack of respect  Harassment of nomads by Sudanese security forces in Blue Nile, forcing nomads to stay in the south  Lack of a system to collect taxes, each time it is done differently  Killing and harassment of nomads by local populations  Lack of a joint court to handle conflict  They spend 7 months in South Sudan, two months moving back and forth and one month in Sudan

Proposed Solutions  Form committees for both the nomads and the host community to deal with any problems  Land to be given by the government for a Fellata representative to stay permanently in Maban county and deal with any problems o Comment from the Education representative who says that its not possible as they are mobile

Recommendations for Agreement  Migration routes specified  Basic needs of water, medicine for humans and livestock and education  Local government tax regulations

Recommendations for Implementation  Formation of a follow up committee to include members of the nomads, local chiefs and local authorities

Group 2: Blue Nile Refugees from Doro, Jammam and Yusef Basil camps Needs  Schools  Water  Health services  Increased food rations, they do not receive onions, salt, tea, sugar, soap, grinding mill

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 Transport means from one camp to another  Security in the camps, people carrying guns  Peaceful coexistence among the tribes within the refugee camps  Land for cultivation  Medicines and vaccination for their animals

Challenges  They are not represented in the local courts

Recommendations for Agreement  Local authorities to give the camp leaders the power to solve the conflicts that take place in the camps

Recommendations for Implementation  Form a committee which can follow up the agreement and foster peaceful coexistence

Group 3: Local chiefs Needs  Water  Good roads  Education  Health services

Challenges  Uduk are cutting trees  Theft in the towns  Weapons, need to ban weapons in the hands of civilians  Killing

Recommendations for Agreement  Agreements should be concluded through local authorities and chiefs of each group involved

Recommendations for Implementation  Build an office for the Maban chiefs and provide a vehicle so they can move  Implementation should be done through the local authorities and the chiefs from each group (Fellata, Maban community and refugees) formed into a committee

Group 4: Government Officials Needs  Police and security services: o Capacity building for armed forces and police of all forms to be equipped for combat and how to deal with communities and other law enforcement agencies o Uniforms for police and armed forces o Increase salaries for security and government officials o Providing transport means so they can reach all areas in the case of incidents o Land for them to stay

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o Medical treatment o Education for their children  Youth: o Education o Employment o Boarding schools o NGOs assistance to girls o Remove tribal fighting o Providing for war orphans

Challenges  Youth: o Bad habits such as smoking, early marriage, illiteracy among men and women o High bride price and youth have limited resources o Lack of small business assistance o Marrying women without notifying their parents o Lack of school feeding

Proposed Solutions  Laws to protect citizens of South Sudan and Sudan at a national level  State should provide security  Local authorities can have ways of solving their problems, at the Payam level there should be cooperation between Deputy Commissioner and Payam chiefs to solve problems which affect their Payam

Recommendations for Agreement  Routes established to be followed by the nomads

Recommendations for Implementation  Agreement should be implemented through dialogues between all communities present  Implemented through security personnel who should respond as soon as there is any incident

Group 5: Maban Civil Society Organizations and Women Needs  Hospital, doctors and midwives  Education including schools and teachers  Roads and bridges  Clean water  Electricity  Orphan center  Vocational training for men and women  Sewing machines for women  Disarmament of local community, pastoralists, refugees

Challenges  Disagreement within government  Tribalism  Weakness in leadership

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 High prices of commodities  Disagreements between pastoralists and host communities  Loss of cattle, goats and sheep during the time when refugees have come  Theft

Proposed Solutions  Formation of committee at the Boma, Payam, County, State and National levels  Committee including participants from the local community, pastoralists and refugees to solve conflicts  Concordis to do more training at the Boma levels

Recommendations for Agreement  Local constitution and laws

Recommendations for Implementation  Provide awareness to local community, pastoralists and refugees by NGOs and government  Security forces should disarm local communities, pastoralists and refugees

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Annex 2: Text of the Agreement made between representatives of the pastoralist communities, local indigenous populations and Blue Nile refugees

We the representatives of Maban communities, Fellata pastoralists and Blue Nile refugees have hereby met in Bunj, Upper Nile on 12 to 14 June 2012 and agreed the following:

Recognizing the need to live together in peace and harmony;

Calling upon the Government of South Sudan to provide all communities of Maban, Fellata and Blue Nile refugees with clean water, education, electricity, roads and bridges, vocational training, health services and medicines;

Calling upon the government and non-state actors to provide veterinary services and medicines for the animals in all communities;

Calling upon all civilians in Maban County to give up their weapons;

With thanks to the Commissioner of Maban County for opening and closing the conference, to the European Union for funding the conference, to Concordis International for arranging the conference;

We commit ourselves to respect and abide by this Agreement as a mutual understanding between these groups present at the conference.

Part 1: Grazing Routes

Article 1: Pastoralists should meet with the County Commissioner, Paramount chief and joint committee upon entering Maban County to announce their arrival and discuss their movement.

Article 2: Pastoralists should send a representative ahead to meet with the local chief and authorities before entering a payam within Maban County. The pastoralists and local chief will decide where the livestock can graze within the Payam and this will prevent the livestock from trampling fields.

Article 3: Chiefs should have areas where no local people cultivate so the livestock can pass.

Article 4: If livestock enter a field compensation will be decided between a Fellata representative, the local chief and the farmer. Any disputes about the amount of compensation it will be brought to the joint committee. If livestock enter a field and the farmer is not present the pastoralist should report it to the local chief.

Part 2: Taxation

Article 1: Before pastoralists enter the County, their representatives will meet with the County Commissioner, Paramount chief and joint committee to decide on an amount to pay in taxes.

Article 2: Tax will be paid only once a migration season.

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Article 3: If payment is to be made using livestock the Fellata will be entitled to sell the livestock in the market and pay the amount directly to the government.

Article 4: A receipt will be given to each Fellata group by the County Commissioner to record the amount paid the amount paid in tax and the number of livestock counted.

Article 5: Any incidents of additional taxation will be reported to the County Commissioner and Joint Peace Committee to be dealt with.

Article 6: County Commissioners should coordinate to reduce the large burden of taxation as pastoralist groups move throughout the state.

Part 3: Security and courts

Article 1: Security will be provided to the pastoralist groups and the refugees by the South Sudan security forces the same which is provided to citizens of South Sudan.

Article 2: Pastoralists and Blue Nile refugees will abide by and respect the laws of the Republic of South Sudan, Upper Nile state and Maban County when in the County.

Article 3: Any incidents between the security forces and the pastoralists or refugees will be dealt with by the County Commissioner and the Joint Peace Committee.

Article 4: Local authorities will allow the refugee leaders to establish their local courts within the camps to deal with any problems between refugees. In the case that an issue is not resolved, it will be referred to the appropriate local court.

Article 5: Pastoralists will not carry Thurayas.

Article 6: Pastoralists, refugees and the people from Maban should not carry guns.

Article 7: Local chiefs should monitor and report any civilians carrying illegal weapons.

Part 4: Environment

Article 1: Pastoralists, refugees and the host communities in Maban should not cut trees without the permission of the local authorities. Local authorities will discuss with these groups any areas where it is permissible to cut trees and recognize the needs of all people to have shelter and subsist.

Article 2: The local authorities, specifically the Forestry Service, should monitor the cutting of trees and report any violations.

Article 3: Land should be provided to Blue Nile refugee groups for cultivation by the County authorities.

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Part 5: Joint Peace Committee

Article 1: A Joint Peace Committee will be formed at the county level consisting of representatives from the host community (Paramount Chief, County Commissioner, Civil Society representative and women representative), Fellata tribal leaders in the County and Blue Nile refugee leaders representing all tribes in the camps.

Article 2: This Committee will meet regularly (at least twice a year) to discuss any issues between these communities and come to a mutually acceptable solution for all communities. The meetings will be supported by the County government authorities.

Article 3: This Committee will also find ways to build peace and promote social interactions between the communities.

Part 6: Dissemination

Article 1: All participants in this Peace Conference will report back to their communities about the decisions made here so they understand what has been agreed.

Signed:

Representing Maban County

Isaac Noge Warga, Maban Paramount Chief Bole Lieno Jade, Bunj Payam Chief Yousif Walla Mouga, Banashowa Payam Chief Hamed Dani Terda, Jinmagda Payam Chief Police Bounge Moro, Khor el Hamer Payam Chief John Gaya Gilagaro, Jinkwota Payam Chief

Representing Fellata Pastoralists

Ali Adam Abaker, Wela tribe Sheikh Hamed Mohamed Abaker, Gamba tribe Sheikh Jeaka Baraka Hassen, Ambororo tribe Sheikh Hamed Aynto, Sheikh

Representing Blue Nile refugees

Amir Juma Adam, Gabanit tribe Simet Abuti Alimam, Agedi tribe Bolis Dhuowa Kanyga, Uduk tribe Altoma Abushef Seridal, Jego tribe

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