Validation of the Reviews and Amendments on Dukana-Dillo-Maikona Declaration

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Country/entity: Ethiopia
Kenya
Region: Africa (excl MENA)
Agreement name: Validation of the Reviews and Amendments on Dukana-Dillo-Maikona Declaration
Date: 31 Aug 2017
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local 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: Implementation/renegotiation
Conflict nature: Inter-group
Peace process: Kenya Local Agreements
Parties: Signed by Dambala Bonaya, Tura Roba, Dambala Sharamo, Charto Boru and Mamo Supo from the Gabra community and Aba Gada Kura Jarso, Boru Dima, Jaro Tukele, Alaje Gurme, and Galgalo Jarso from the Borana community.
Third parties: Witnessed by:
Solomon Gubo Rine, Deputy Governor Marsabit County
Job Kemei, Deputy County Commissioner, Noal Horr
Dida Jaldesa, Chielf of Zone 1 Cabinet and Head of Admin Office
Doyo Borte, Dillo Woreda Administrator
Description: This agreements is cross-border and addresses 'prolonged communal conflict' between the Boranas of Ethiopia and the Gabras of Kenya. It works to update, validate and extend an earlier Dukana-Dillo-Maikona Declaration, and provides for new inter-communal pledges for peace and provision for how theft of cattle is to be dealt with.

Agreement document: KE_EH_170831_Validation_Review_Amendments_Dukana_Dillo_Maikona_Declaration.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
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: Page 2, 2, Validation of the Declaration Reviews and Amendments
...
9. The penalty for rape case for virgin girl was amended from 10 to 15 cows. For married women remain at 5 cows. The culprit is then handed over to the Government to face prosecution.
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): No specific mention.
Elections: No specific mention.
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: No specific mention.

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: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
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: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
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: No specific mention.
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: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: Page 1, 2, Validation of the Declaration Reviews and Amendments:
On this 30th day of August 2017, The Gabra and Borana Communities herein represented by their traditional leaders pledge to live peacefully with one another and share the natural resources such as water and pasture.

Security sector

Security Guarantees: No specific mention.
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: No specific mention.
Crime/organised crime: Page 1, 2, Validation of the Declaration Reviews and Amendments
...
1.That anyone found guilty of stealing animal/s, the penalty or punishment for perpetrator will remain the same as stipulated in the declaration – paying 5 cows for each animal stolen. The culprit also should pay the expenses incurred for tracking that animal and finally handed over to the government to face the law.
2. The penalty for anyone who causes injuries to another in attempt to kill, shall pay fine of 15 cows and will again be handed over to the government for prosecution.
3. That the penalty for the deliberate killing has been amended from fine of 30 cows to 50 cows (25 bulls and 25 cows). Furthermore, the perpetrator should be arraigned in court and prosecuted for murder.
4. That the age of the cows meant for fine should be least 3 years with a minimum price of Birr 3000 per cow, or its equivalent in Kenyan Shillings.
6. It was unanimously agreed that the culprits should take full responsibility of paying the fines or penalties all by him/herself and his clan as earlier stipulated.
7. The fine should be paid by the culprit with immediate effect following any incident
8. The compensatory cows will be collected by the local peace committee
9. The penalty for rape case for virgin girl was amended from 10 to 15 cows. For married women remain at 5 cows. The culprit is then handed over to the Government to face prosecution.
10. The elders should take responsibility to appear before court to witness against the culprit in case of prosecution.
11. A person spreading rumors, propaganda and inciting people to fight will be fined 5 cows as stipulated in the declaration
12. The penalty for concealing a culprit or hide vital information on a perpetrator will be fined same as culprit, depending on the crime committed.
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, 2, Validation of the Declaration Reviews and Amendments
...
2.The penalty for anyone who causes injuries to another in attempt to kill, shall pay fine of 15 cows and will again be handed over to the government for prosecution.
3.That the penalty for the deliberate killing has been amended from fine of 30 cows to 50 cows (25 bulls and 25 cows). Furthermore, the perpetrator should be arraigned in court and prosecuted for murder.

Page 2, 2, Validation of the Declaration Reviews and Amendments
...
9. The penalty for rape case for virgin girl was amended from 10 to 15 cows. For married women remain at 5 cows. The culprit is then handed over to the Government to face prosecution.
10. The elders should take responsibility to appear before court to witness against the culprit in case of prosecution.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 1, 2, Validation of the Declaration Reviews and Amendments
...
1.That anyone found guilty of stealing animal/s, the penalty or punishment for perpetrator will remain the same as stipulated in the declaration – paying 5 cows for each animal stolen. The culprit also should pay the expenses incurred for tracking that animal and finally handed over to the government to face the law.
2.The penalty for anyone who causes injuries to another in attempt to kill, shall pay fine of 15 cows and will again be handed over to the government for prosecution.
3.That the penalty for the deliberate killing has been amended from fine of 30 cows to 50 cows (25 bulls and 25 cows). Furthermore, the perpetrator should be arraigned in court and prosecuted for murder.
4. That the age of the cows meant for fine should be least 3 years with a minimum price of Birr 3000 per cow, or its equivalent in Kenyan Shillings.
5. For proven accidental killing, the penalty remain the same as in the declaration which is 3 cows (15 bulls and 15 cows)
6. It was unanimously agreed that the culprits should take full responsibility of paying the fines or penalties all by him/herself and his clan as earlier stipulated.
7. The fine should be paid by the culprit with immediate effect following any incident
8. The compensatory cows will be collected by the local peace committee
9. The penalty for rape case for virgin girl was amended from 10 to 15 cows. For married women remain at 5 cows. The culprit is then handed over to the Government to face prosecution.
10. The elders should take responsibility to appear before court to witness against the culprit in case of prosecution.
11. A person spreading rumors, propaganda and inciting people to fight will be fined 5 cows as stipulated in the declaration
12. The penalty for concealing a culprit or hide vital information on a perpetrator will be fined same as culprit, depending on the crime committed.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Strategies for Northern Development
https://www.facebook.com/sndkenya/posts/amended-dukana-dillo-maikona-declarationhttpwwwnationcokecountiesmarsabittrade-t/915887485227128/

VALIDATION OF THE REVIEWS AND AMENDMENT ON DUKANA-DILLO-MAIKONA DECLARATION MEETING HELD AT KOKET-BORANA HOTEL MOYALE- ETHIOPA ON AUGUST 30-31, 2017

I. Introduction and Background:

Dukana-Dillo-Maikona peace declaration was first support by the Kenya National Steering Committee (NSC) in 20009.

The declaration was a cross border solutions to the prolonged community conflict between Boranas of Ethiopia and Gabras of Kenya.

As a result of this declaration, the conflict was mitigated to a great extend enabling the two communities live together, share grazing and watering resources , opened cross border trade and enabled education and health services sharing especially on the Kenyan side.

However, with the introduction of a USAID funded program dabbed PEACE III, in partnership with Strategies for Northern Development (SND) and Inter African Group (AIG), the two communities identified the need to revise the declaration and its amendment due to the prevailing circumstances identified as inconsistencies, ambiguity and double punishment inflicted on suspect.

The parties, in one of PEACE III activities suggested the need to review some key clauses such as age specification of cattle that is used for blood compensation.

On May 31, 2017 at Koet-Borana Hotel Moyale- Ethiopia, PEACE III and its partners facilitated a community meeting that reviewed and mended the Dukana-Dillo-Maikona Declaration.

This meeting gave forth the reviews and amendments on the Dukana-Dillo-Maikona declaration peace process which PEACE III helped document and is here presented for validation.

II. Validation of the Declaration Reviews and Amendments:

On this 30th day of August 2017, The Gabra and Borana Communities herein represented by their traditional leaders pledge to live peacefully with one another and share the natural resources such as water and pasture.

Peace will be maintained through regular meetings between representatives of both communities at alternating locations.

Peaceful coexistence will be safeguarded through the implementation of the peace declaration.

We the undersigned traditional leaders of Gabra and Borana confirm that we have unanimously accepted the following amendments as made on the Dukana-Dillo-Maikona peace declaration on May 31, 201 in Moyale:

That anyone found guilty of stealing animal/s, the penalty or punishment for perpetrator will remain the same as stipulated in the declaration – paying 5 cows for each animal stolen.

The culprit also should pay the expenses incurred for tracking that animal and finally handed over to the government to face the law.

The penalty for anyone who causes injured to another in attempt to kill, shall pay fine of 15 cows and will again be handed over to the government for prosecution.

That the penalty for the deliberate killing has been amended from fine of 30 cows to 50 cows (25 bulls and 25 cows).

Furthermore, the perpetrator should be arraigned in court and prosecuted for murder.

That the age of the cows meant for fine should be least 3 years with a minimum price of Birr 3000 per cow, or its equivalent in Kenyan Shillings.

For proven accidental killing, the penalty remain the same as in the declaration which is 3 cows (15 bulls and 15 cows)

It was unanimously agreed that the culprits should take full responsibility of paying the fines or penalties all by him/herself and his clan as earlier stipulated.

The fine should be paid by the culprit with immediate effect following any incident

The compensatory cows will be collected by the local peace committee

The penalty for rape case for virgin girl was amended from 10 to 15 cows.

For married women remain at 5 cows.

The culprit is then handed over to the Government to face prosecution.

The elders should take responsibility to appear before court to witness against the culprit in case of prosecution.

A person spreading rumors, propaganda and inciting people to fight will be fined 5 cows as stipulated in the declaration

The penalty for concealing a culprit or hide vital information on a perpetrator will be fined same as culprit, depending on the crime committed.

Gabra Traditional Leaders:

Borana Traditional Leaders

Name:

[Illegible] Name:

[Illegible]

Sign:

[Signature] Sign:

[Signature]

Name:

TURA Roka Name:

[Illegible]

Sign:

[Signature] Sign:

[Signature]

Name;

Damballa Bonaya Name:

[Illegible]

Sign:

[Signature] Sign:

[Signature]

Name:

Damballa [Illegible] Name:

Jaro Tukale