Al-Fatah Peace Declaration

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Al-Fatah Peace Declaration
Date: 29 Sep 1993
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: Framework/substantive - partial
Conflict nature: Inter-group
Peace process: Kenya Local Agreements
Parties: Find appended a list of signatories to the declaration.
CC.
District Commissioner,
Wajir
Provincial Commissioner,
North Eastern Province,
Garissa
Permanent Secretary in the Office of the
President -In charge of Internal Security
United Nations -UNICEF & WFP
GTZ
All NGOs
All MPs -Northern Kenya Parliamentary Group
The Mass Media
Third parties: -
Description: Agreement between major clans in the Wajir district to bring inter-clan fighting, and banditry to an end.

Agreement document: KE_930929_al-Fatah Peace 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: Groups→Refugees/displaced persons→Rhetorical
Page 1, 6
That all those persons or families who have deserted their homes or grazing areas or watering places, should go back immediately to their areas and enjoy peace.
Social class: No specific mention.

Gender

Women, girls and gender: Page 1, Untitled Preamble
(a) Taking stock of the increasing intensity of inter-clan fighting between the major clans in Wajir district and especially between Degodia and the Ajuran clans which have continued to claim lives of tens of people, many of them children, women and innocent;

Page 1, 7
That from the date of this ceasefire, the traditional law pertaining to blood leud will apply to those who commit murder namely the payment of hundred camels for a man and filtv camels for a women. In the case of stock theft, the rule of collective punishment involving whole groups of people will be applied.
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: Page 2, 14
That Wajir people will make a public demonstration on September, 1993 condemning the inter-clan conflict and the case murder of the late Jeff Buttler and to manifest there to have all humanitarian agencies back in the district.
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: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 1
That the inter clan fighting and stock theft be stopped immediately and a cease fire be effected from the 29th day of September, 1993.
Police: Page 2, 10
That the Provincial Administration being the executive arm of the government, should instill discipline and sense of duty in the Security personnel as well as Chiefs and District Officers, so that officers working in areas where banditry menace will appear to increase instead of decrease after the implementation of this peace programme will be responsible.
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, Untitled Preamble
...
(b) Considering one increasing insecurity in the district in which violent robberies, looting of property and highway robberies affecting them major roads connecting Wajir and Nairobi have continued to take place with alarming frequencies;
(c) Dismayed with the recent callous murder of the late Jeff Buttler and the serious injury of Bob McCarthy both working with UNICEF and the subsequent suspension of NGO activities in the district;

...

Page 1, 2
That during this cease fire, livestock stolen from Ogaden clans by Degodia and vice versa be mutually returned within seven days effective from 1st October, 1993.

...

Page 1,7
That from the date of this ceasefire, the traditional law pertaining to blood leud will apply to those who commit murder namely the payment of hundred camels for a man and fiftv camels for a women. In the case of stock theft, the rule of collective punishment involving whole groups of people will be applied.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: Page 2, 11
That all NGO's namely, World Vision International, African Inland Church, Care International, Oxfam, African Muslim Agency, the United Nations especially Unicefand WFP, and Bilateral Agencies specifically GTZ be requested to come back and resume their operations in the district. The people of Wajir and the local administration will ensure that adequate security arrangements are made for the same personnel and their operations.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, 4.
That Wajir people without distinction will work as a united people to eliminate the banditry menace in the district. To realize this, the government is urged to work closely with the various panels of peace committees from the district headquarters to the sub-location level, who will monitor the implementation of this peace agreement and advice the authorities on the best method of eliminating the banditry menace.

...

Page 2, 12
That the government considers the formation of a specific force to be deployed specifically for the purpose of fighting the banditry menace. It is recommended that task force comprise mainly local officers from administration and police force.

...

Page 2, 13
That henceforth the government should take firm action against those who are found to incite people to violent fan clan clashes.
Related cases: No specific mention.
Source: On file with author. Also available at: ETH Zuerich Center for Security Studies (n.d.) Wajir Al Fatah Declaration 29 Sept 1993, https://css.ethz.ch/content/dam/ethz/special-interest/gess/cis/center-for-securities-studies/pdfs/Wajir%20Al%20Fatah%20Declaration%2029%20Sept%201993.pdf (Accessed 31 January 2020).

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APPENDIX A:

A1 Fatah Peace Declaration 29/9/93

(a) Taking stock of the increasing intensity of inter-clan fighting between the major clans in Wajir district and especially between Degodia and the Ajuran clans which have continued to claim lives of tens of people, many of them children, women and innocent;

(b) Considering one increasing insecurity in the district in which violent robberies, looting of property and highway robberies affecting them major roads connecting Wajir and Nairobi have continued to take place with alarming frequencies;

(c) Dismayed with the recent callous murder of the late Jeff Buttler and the serious injury of Bob McCarthy both working with UNICEF and the subsequent suspension of NGO activities in the district;

(d) Apprehensive of the imminent danger posed for the entire district the banditry menace and the clan clashes.

Leaders from the major clans namely twenty-five elected and opinion leaders each from Degodia, Ajuran and Ogaden clans respectively as well as five leaders from Gurreh and Murulle clans met to deliberate on the causes of the continuing internecine strife with a view to bringing the problem to an end.

The joint leaders peace meeting taking place of Al Fatah Madrassa in Wajir township between 27th and 27th September, 1993 makes the following resolutions:

1. That the inter clan fighting and stock theft be stopped immediately and a cease fire be effected from the 29th day of September, 1993.

2. That during this cease fire, livestock stolen from Ogaden clans by Degodia and vice versa be mutually returned within seven days effective from 1st October, 1993.

3. That in order to clear the main Wajir-Nairobi road of gangestry, three sets of committees be formed with specific responsibilities of clearing specified areas namely:

(a) Habaswein-Lag-bogol

(b) Lagbogol-Leheley, and

The peace committees working in these various zones will involve elders, leaders and security personnel comprising local officers drawn from the administration police in Wajir district.

4. That Wajir people without distinction will work as a united people to eliminate the banditry menace in the district.

To realize this, the government is urged to work closely with the various panels of peace committees from the district headquarters to the sub-location level, who will monitor the implementation of this peace agreement and advice the authorities on the best method of eliminating the banditry menace.

5. That all minority clans in the district should join hands with the major clans in this peace campaign,

6. That all those persons or families who have deserted their homes or grazing areas or watering places, should go back immediately to their areas and enjoy peace.

7. That from the date of this ceasefire, the traditional law pertaining to blood leud will apply to those who commit murder namely the payment of hundred camels for a man and fiftv camels for a women.

In the case of stock theft, the rule of collective punishment involving whole groups of

people will be applied.

Page 2:

8. That a standing committee comprising eight people from each of the major clans as well as two from the smaller clans will be formed at the district level to work with the District Security) Committee for the purpose of restoring peace in the district.

9. That all clans must begin to persuade armed elements among them to submit or surrender their arms to the government.

10. That the Provincial Administration being the executive arm of the government, should instill discipline and sense of duty in the Security personnel as well as Chiefs and District Officers, so that officers working in areas where banditry menace will appear to increase instead of decrease after the implementation of this peace programme will be responsible.

11. That all NGO's namely, World Vision International, African Inland Church, Care International, Oxfam, African Muslim Agency, the United Nations especially Unicefand WFP, and Bilateral Agencies specifically GTZ be requested to come back and resume their operations in the district.

The people of Wajir and the local administration will ensure that adequate security arrangements are made for the same personnel and their operations.

12. That the government considers the formation of a specific force to be deployed specifically for the purpose of fighting the banditry menace.

It is recommended that task force comprise mainly local officers from administration and police force.

13. That henceforth the government should take firm action against those who are found to incite people to violent fan clan clashes.

14. That Wajir people will make a public demonstration on September, 1993 condemning the inter-clan conflict and the case murder of the late Jeff Buttler and to manifest there to have all humanitarian agencies back in the district.

Find appended list of signatories to the declaration.

CC.

District Commissioner,

Wajir

Provincial Commissioner,

North Eastern Province,

Garissa

Permanent Secretary in the Office of the

President -Incharge of Internal Security

United Nations -UNICEF & WFP

GTZ

All NGOs

All MPs -Northern Kenya Parliamentary Group

The Mass Media