Kenyan National Dialogue and Reconciliation: Annotated Agenda and Timetable

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Kenyan National Dialogue and Reconciliation: Annotated Agenda and Timetable
Date: 1 Feb 2008
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Kenyan Post-Electoral Violence (2007 - 2008)
The conflict emerged as post-election violence. After the incumbent President Kibaki was declared the winner of the Kenyan presidential elections in December 2007, complaints of fraud and a structural disadvantage affecting his competitor Raila Odinga lead to outbreaks of severe ethno-political violence. After the first incidents in the Rift Valley region, mainly directed against the Kikuyu ethnic group – the traditional powerbase of Kibaki – the fighting spread to the cities of Nairobi and Mombasa. After two months, Kibaki and Odinga agreed on a power-sharing agreement that granted Odinga the post as a Prime Minister and ended the violence.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: Kenya peace process
Parties: - Martha Karua, For the Government/PNU Delegation
- Musalia Mudavadi For the ODM Delegation
Third parties: Witnessed by - For the Panel of the Eminent African Personalities: H.E. Kofi A. Annan
Description: -

Agreement document: KE_080101_Annotated Agenda for the Kenya Dialogue and Reconciliation.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions under this Agenda item will be conducted to examine and proposed solutions for long-standing issues such as, inter alia:
...
• Tackling unemployment, particularly among the youth;
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 2, A) ANNOTATED AGENDA, 3. HOW TO OVERCOME THE CURRENT POLITICAL CRISIS:
Under this Agenda item, the Parties will negotiate and agree on a solution towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya,
The current crisis revolves, in large measure, around the issues of power and the functioning of state institutions. Its resolution may require adjustments to the current constitutional, legal and institutional frameworks.

Page 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions under this Agenda item will be conducted to examine and proposed solutions for long-standing issues such as, inter alia:
• Undertaking constitutional, legal and institutional reform
• Tackling poverty and inequity, as well as combating regional development imbalances;
Elections: Page 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Stopping the wave of violence that has gripped the country since the announcement of the results of the Presidential elections;

Page 2, A) ANNOTATED AGENDA, 3. HOW TO OVERCOME THE CURRENT POLITICAL CRISIS:
Under this Agenda item, the Parties will negotiate and agree on a solution towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya,
The current crisis revolves, in large measure, around the issues of power and the functioning of state institutions. Its resolution may require adjustments to the current constitutional, legal and institutional frameworks.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, A) ANNOTATED AGENDA, 3. HOW TO OVERCOME THE CURRENT POLITICAL CRISIS:
Under this Agenda item, the Parties will negotiate and agree on a solution towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya,
The current crisis revolves, in large measure, around the issues of power and the functioning of state institutions. Its resolution may require adjustments to the current constitutional, legal and institutional frameworks.

Page 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions under this Agenda item will be conducted to examine and proposed solutions for long-standing issues such as, inter alia:
• Undertaking constitutional, legal and institutional reform

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Restoring the respect for the sanctity of human life;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Freedom of association
Page 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Ensuring that the freedom of expression, press freedom and the right to peaceful assembly are upheld;
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Ensuring that the freedom of expression, press freedom and the right to peaceful assembly are upheld;
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Ensuring that the freedom of expression, press freedom and the right to peaceful assembly are upheld;
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of civilians
Page 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Stopping the wave of violence that has gripped the country since the announcement of the results of the Presidential elections;
• Enhancing the security and protection of the population and their property;
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions under this Agenda item will be conducted to examine and proposed solutions for long-standing issues such as, inter alia:
• Undertaking constitutional, legal and institutional reform
• Tackling poverty and inequity, as well as combating regional development imbalances;
• Tackling unemployment, particularly among the youth;
• Consolidating national cohesion and unity;
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, A) ANNOTATED AGENDA, 2. IMMEDIATE MEASURES TO ADDRESS THE HUMANITARIAN CRISIS, PROMOTE RECONCILIATION, HEALING AND RESTORATION:
Discussions will be conducted to identify and agree on the modalities of implementation of immediate measures aimed at:
• Ensuring that the assistance to the affected communities and individuals is delivered more effectively;
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Land reform and management
Page 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions
...
• Undertaking a Land Reform;
• Addressing transparency, accountability and impunity
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Stopping the wave of violence that has gripped the country since the announcement of the results of the Presidential elections;
• Enhancing the security and protection of the population and their property;
• Restoring the respect for the sanctity of human life;

Page 2, A) ANNOTATED AGENDA, 3. HOW TO OVERCOME THE CURRENT POLITICAL CRISIS:
Under this Agenda item, the Parties will negotiate and agree on a solution towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya,
The current crisis revolves, in large measure, around the issues of power and the functioning of state institutions. Its resolution may require adjustments to the current constitutional, legal and institutional frameworks.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions under this Agenda item will be conducted to examine and proposed solutions for long-standing issues such as, inter alia:
...
• Addressing transparency, accountability and impunity
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: Transitional justice→Courts→National courts
Page 1, A) ANNOTATED AGENDA, 2. IMMEDIATE MEASURES TO ADDRESS THE HUMANITARIAN CRISIS, PROMOTE RECONCILIATION, HEALING AND RESTORATION:
Discussions will be conducted to identify and agree on the modalities of implementation of immediate measures aimed at:
...
• Ensuring the impartial, effective and expeditious investigation of gross and systematic violations of human rights and that those found guilty are brought to justice;
Mechanism: Page 1, A) ANNOTATED AGENDA, 2. IMMEDIATE MEASURES TO ADDRESS THE HUMANITARIAN CRISIS, PROMOTE RECONCILIATION, HEALING AND RESTORATION:
Discussions will be conducted to identify and agree on the modalities of implementation of immediate measures aimed at:
...
• Ensuring the impartial, effective and expeditious investigation of gross and systematic violations of human rights and that those found guilty are brought to justice;
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 2, A) ANNOTATED AGENDA, 2. IMMEDIATE MEASURES TO ADDRESS THE HUMANITARIAN CRISIS, PROMOTE RECONCILIATION, HEALING AND RESTORATION:
Discussions will be conducted to identify and agree on the modalities of implementation of immediate measures aimed at:
...
• Ensuring that the processes of nationai healing, reconciiiation and restoration start at once.

Page 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions under this Agenda item will be conducted to examine and proposed solutions for long-standing issues such as, inter alia:
...
• Consolidating national cohesion and unity;

Implementation

UN signatory: No specific mention.
Other international signatory: Witnessed by - For the Panel of the Eminent African Personalities: H.E. Kofi A. Annan
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: http://www.peacemaker.un.org/

KENYAN NATIONAL DIALOGUE AND RECONCILIATION THROUGH THE MEDIATION OF H.E. KOFI A. ANNAN AND THE PANEL OF

EMINENT AFRICAN PERSONALITIES ON THE RESOLUTION OF THE POLITICAL CRISIS

ANNOTATED AGENDA AND TIMETABLE

At the fourth session held on 1 February 2008 under the chairmanship of Mr. Kofi Annan, of the Panel of Eminent African Personalities, the Parties to the Kenyan National Dialogue and Reconciliation on the resolution of the political crisis and its root causes, namely the Government of Kenya/Party of National Unity and the Orange Democratic Movement, agreed on the following Agenda for the dialogue:

A) ANNOTATED AGENDA

1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES

Both Parties understand that resolving this crisis politically is a matter of inunediate priority and have reiterated their commitment to finding a just and durable solution.

Discussions on Agenda point l will be conducted to identify and agree on the modalities of implementation of immediate action aimed at:

• Stopping the wave of violence that has gripped the country since the announcement of the results of the Presidential Elections;

• Enhancing the security and protection of the population and their property;

• Restoring the respect for the sanctity of human life;

• Ensuring that the freedom of expression, press freedom and the right to peaceful assembly are upheld;

2. IMMEDIATE MEASURES TO ADDRESS THE HUMANITARIAN CRISIS, PROMOTE RECONCILIATION, HEALING AND RESTORATION

Discussions will be conducted to identify and agree on the modalities of implementation of immediate measures aimed at:

• Ensuring that the assistance to the affected communities and individuals is delivered more effectively;

• Ensuring the impartial, effective and expeditious investigation of gross and systematic violations of human rights and that those found guilty are brought to justice;

• Ensuring that the processes of nationai healing, reconciliation and restoration start at once.

3. HO\V TO OVERCOME THE CURRENT POLITICAL CRISIS

Under this Agenda item, the Parties will negotiate and agree on a solution towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya,

The current crisis revolves, in large measure, around the issues of power and the functioning of state institutions.

Its resolution may require adjustments to the cuITent constitutional, legal and institutional frameworks.

4. LONG-TERM ISSUES AND SOLUTIONS

Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence.

Discussions under this Agenda

item will be conducted to examine and proposed solutions for long-standing issues such as,

inter alia:

• Undertaking constitutional, legal and and institutional reform;

• Tackling poverty and inequity, as well as combating regional development imbalances;

• Tackling unemployment, particularly among the youth;

• Consolidating national cohesion and unity;

• Undertaking a Land Refonn;

• Addressing transparency, accountability and impunity

B) TIMETABLE

The Parties agreed that Agenda items 1, 2 and 3 would be resolved within a period of between 7 and 15 days from the date of commencement of the Dialogue, while Agenda item 4 would be resolved within a period of one year after the commencement of the Dialogue (launched on

28 January 2008).

Done in Nairobi, Kenya, on 1 February 2008

For the Govemrnent/PNU Delegation

For the ODM Delegation

Witnessed by

For the Panel of E1 inent African Personalities

Chairperson