Tana 1 Declaration

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Tana 1 Declaration
Date: 27 Apr 2016
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: Elders from Ganole, Tana River County
Bakari Kiragu Chairman, 1397601, Gaza Gwano
Hussein Ahmed Soya, Peace coordinator,1 0971308, Zu baki
Mohamed Akare Berhe, Chairman, 0169613, Mikinduni
Bakari D. Wachu, Vice Chairman, 12728516, Kinakomba
Lilian Bahati, Peace Member, 9769704
Roselsack, Peace treasurer, 8297152
Maro Ade Dae, Cha irm an, 0168747
Said Buya Mbarak, Chairman, 0173489
Hussein Ilu Bahola, Chairman, 0649873
Rhova Uleo Bubu, Chairman, 0168506

Elders from Ijara, Narissa County
Adan Ismail Abdi 0538945
Nasir Bare Dabav 30978292
Mursal Mohamud Mohamed 0541489 Hassa n Aden
Ali Omar Muhumed 0546532 Abdikarim
Aden Ali Abdi 0035166 Mahat Abdalah
Ahmed Abdi Maalim 0028883 Abukuradan
Hussein Bulle Aden 3915490 Sentalis (Ekal)
Ali Abdi Hussein 1262811 Suleiman
Bashir Dahir Dagane 0192024 Hassan Aden
Dubat Ali Amey 0191803
Third parties: Isaiah Nakru, County Commissioner, Tana River
James Kianda, County Commissioner, Carissa County
Kennedy Lunalo, Deputy County Commissioner, Galole Sub-county
Julius Too, Deputy County Commissioner, Ijara Sub-county
Mohamed Nassoro Bochani, Chairman of Tana River County Peace Committee
Professor Gitile Naituli, Commissioner, NICC (National Cohesion and Integration Commission)
Adan Mohamed, Commissioner, NICC (National Cohesion and Integration Commission)
Description: Relates to a farmer-pastoralist conflict around the Tana River and Garissa Counties. Provisions largely relate to restoration of losses through theft of livestock as well as access rights to water.

Agreement document: KE_160427_TANA 1 DECLARATION REPORT - 28TH APRIL 2016 (1).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: Groups→Racial/ethnic/national group→Rhetorical
Page 4, Good Leadership and Governance
...THAT both communities and their leaders should desist from using demeaning and derogatory language against one another

Page 4, Good Leadership and Governance
...THAT politicians/individuals be closely monitored for hate speech and incitement and subsequently charged for the same in a court of law

Page 4, Good Leadership and Governance
...THAT the NCIC strengthens its efforts in monitoring and enforcing hate speech and incitement offences
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): 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: Page 2, Farmer-Pastoralist Conflict
...THAT all communities regardless of their origin access the Tana River as access to water is a right enshrined in the Constitution

Page 2, Farmer-Pastoralist Conflict
...THAT access to the water resource should not be at the expense of other communities' livelihoods

Page 2, Farmer-Pastoralist Conflict
...
THAT all MALKAS/water corridors should be identified and demarcated

Page 3, Farmer-Pastoralist Conflict
...
THAT both county governments of Tana River and Carissa should initiate and fast track the process of passing by-laws that will designate and demarcate MALKAS/water corridors
THAT farmers should refrain from encroaching the designated MALKAS/water corridors
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→Other land rights
Page 3, Farmer-Pastoralist Conflict
...
THAT both county governments of Tana River and Carissa should initiate and fast track the process of passing by-laws that will designate and demarcate MALKAS/water corridors
THAT farmers should refrain from encroaching the designated MALKAS/water corridors
THAT both County governments should explore the possibilities of constructing/harnessing additional watering points
THAT pastoralists should graze their livestock only on designated areas
THAT grazing committees and relevant traditional governance structures should always be involved in resource use, sharing and management as well as in dispute resolution.
THAT farmers and pastoralists that have entered into grazing agreements should honor the agreements so established
THAT both parties must respect the rule of law and report any breach to the authorities
THAT all parties shall embrace dialogue and traditional dispute resolution mechanisms.
THAT all animals including donkeys should not be left unattended while grazing

II . Boundary and Land Related Issues
THAT county boundaries be respected by all parties
THAT those using boundary issues as an excuse to divide Kenyans will be prosecuted and face the full force of the law
THAT both communities should live in their areas peacefully and feel free to move across the boundary
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 4, Security
THAT community members assist the security officers by volunteering and sharing information on criminal activities
THAT anyone who provides potentially sensitive/risky information shall be provided with protection in accordance with the Witness Protection Act
THAT all foreigners and immigrants should report to the respective authorities including chiefs, elders, nyumba kumi committees amongst others
THAT the police carry out thorough investigations, arrest and prosecute the criminals according to the laws of the land and all ongoing police investigations should proceed to its logical conclusions
Ceasefire: No specific mention.
Police: Page 4, Security
...
THAT the police carry out thorough investigations, arrest and prosecute the criminals according to the laws of the land and all ongoing police investigations should proceed to its logical conclusions
THAT law enforcement agents observe the Public Officer Ethics Act while carrying out their duties.
THAT public officers from both Tana River and Garissa that do not effectively discharge their duties should be disciplined
THAT National Police Reservists from either County shall work within their assigned areas and only move out of their respective assigned areas with the authority of their superiors
THAT security agents be proactive in responding to conflicts through intelligent policing
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: 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: 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: Transitional justice→Reparations→Material reparations
Page 2, Farmer-Pastoralist Conflict
...
THAT compensation to the livelihoods of both the farmer and pastoralist communities should be done in case of any losses/destruction. The aggressor should take full responsibility in compensating the aggrieved parties
Reconciliation: Page 3, Enhancement of Peaceful Co-existence and Harmonious Living
THAT we forgive each other for wrongs done in the past without conditions whatsoever, and forge ahead in unity.
THAT all communities together with their leaders should respect every individual and property

THAT the county governments of Carissa and Tana River enhance and strengthen the infrastructure for peace in the counties including and not limited to funding of peace building and reconciliation activities in their respective counties.THAT all actors work together to end hostilities and conflicts along the common border of our counties and conduct continuous community dialogue in order to address issues of mutual interest without resorting to violence

THAT with the support of other peace and reconciliation stakeholders conduct more peace meetings at the grassroots level
THAT past community traditional dispute resolution mechanisms be revived, strengthened and enhanced
THAT we strengthen and enhance community interaction through joint inter cultural activities, exchange visits, sporting events, intermarriages and business ventures e.g. through establishment of common markets along the border
THAT peace champions be recognized

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: On file with author

COMMUNITIES RECONCILIATION PROCESS, 27TH APRIL, 2016

PREAMBLE

FOLLOWING a series of meetings with the county administration and elders from the Tana River and Abdalla communities of Tana River and Garissa Counties from the 25th to 27th Apr il, 2016;

WE, the county and sub-county security teams, elders and representatives of peace committees from ljara and Galole sub-counties on the 27th April, 2016 under the guidance of the National Cohesion and Integration Commission Commissioners;

COGNIZANT of the impact of the farmer-pastoralist conflict;

mistrust and negative perceptions between communities residing in Ijara and Galole sub-counties;

boundary and land related issues, insecurity and underdevelopment;

DESIROUS of the need to promote peace and security in the sub counties and the larger Counties;

APPLAUDING the efforts that have been made so far to ensure that peace and security prevails;

AGREE as follows;

I.Farmer-Pastoralist Conflict

THAT all communities regardless of their origin access the Tana River as access to water is a right enshrined in the Constitution

THAT access to the water resource should not be at the expense of other communities' livelihoods

THAT compensation to the livelihoods of both the farmer and pastoralist communities should be done in case of any losses/destruction.

The aggressor should take full responsibility in compensating the aggrieved parties

THAT all MALKAS/water corridors should be identified and demarcated

THAT both county governments of Tana River and Carissa should initiate and fast track the process of passing by-laws that will designate and demarcate MALKAS/water corridors

THAT farmers should refrain from encroaching the designated MALKAS/water corridors

THAT both County governments should explore the possibilities of constructing/harnessing additional watering points

THAT pastoralists should graze their livestock only on designated areas

THAT grazing committees and relevant traditional governance structures should always be involved in resource use, sharing and management as well as in dispute resolution.

THAT farmers and pastoralists that have entered into grazing agreements should honor the agreements so established

THAT both parties must respect the rule of law and report any breach to the authorities

THAT all parties shall embrace dialogue and traditional dispute resolution mechanisms.

THAT all animals including donkeys should not be left unattended while grazing

II . Boundary and Land Related Issues

THAT county boundaries be respected by all parties

THAT those using boundary issues as an excuse to divide Kenyans will be prosecuted and face the full force of the law

THAT both communities should live in their areas peacefully and feel free to move across the boundary

Ill. Enhancement of Peaceful Co-existence and Harmonious Living

THAT we forgive each other for wrongs done in the past without conditions whatsoever, and forge ahead in unity.

THAT all communities together with their leaders should respect every individual and property

THAT the county governments of Carissa and Tana River enhance and strengthen the infrastructure for peace in the counties including and not limited to funding of peace building and reconciliation activities in their respective counties.

THAT all actors work together to end hostilities and conflicts along the common border of our counties and conduct continuous community dialogue in order to address issues of mutual interest without resorting to violence

THAT with the support of other peace and reconciliation stakeholders conduct more peace meetings at the grassroots level

THAT past community traditional dispute resolution mechanisms be revived, strengthened and enhanced

THAT we strengthen and enhance community interaction through joint inter cultural activities, exchange visits, sporting events, intermarriages and business ventures e.g. through establishment of common markets along the border

THAT peace champions be recognized

IV.Good Leadership and Governance

THAT both communities and their leaders should desist from using demeaning and derogatory language against one another

THAT politicians/individuals be closely monitored for hate speech and incitement and subsequently charged for the same in a court of law

THAT the NCIC strengthens its efforts in monitoring and enforcing hate speech and incitement offences

V.Security

THAT community members assist the security officers by volunteering and sharing information on criminal activities

THAT anyone who provides potentially sensitive/risky information shall be provided with protection in accordance with the Witness Protection Act

THAT all foreigners and immigrants should report to the respective authorities including chiefs, elders, nyumba kumi committees amongst others

THAT the police carry out thorough investigations, arrest and prosecute the criminals according to the laws of the land and all ongoing police investigations should proceed to its logical conclusions

THAT law enforcement agents observe the Public Officer Ethics Act while carrying out their duties.

THAT public officers from both Tana River and Garissa that do not effectively discharge their duties should be disciplined

THAT National Police Reservists from either County shall work within their assigned areas and only move out of their respective assigned areas with the authority of their superiors

THAT security agents be proactive in responding to conflicts through intelligent policing

THAT suspects/criminals take individual responsibility for the crimes they had committed and not hide under their respective communities.

THAT elders, representatives of peace committees among other actors counsel their young men and women to counter the resurgence/burgeoning of illegal militia groups

THAT elders and identified community actors/committees shall assist in pushing forward implementation of resolutions from past meetings with their MPs and Governors

THAT this agreement binds all parties involved in th is conflict and will apply in resolving conflicts affecting other communities within the region

This agreement has been entered willingly and freely by all parties without coercion from any quarter.

ENDORSED on 27th April, 2016 at Laza Leisure Lodge Resort and Restaurant, Tana River County

Elders from Ganole, Tana River County

Bakari Kiragu Chairman, 1397601

Hussein Ahmed Soya, Peace coordinator,1 0971308

Mohamed Akare Berhe, Chairman, 0169613

Bakari D. Wachu, Vice Chairman, 12728516

Lilian Bahati, Peace Member, 9769704

Roselsack, Peace treasurer, 8297152

Maro Ade Dae, Cha irm an, 0168747

Said Buya Mbarak, Chairman, 0173489

Hussein Ilu Bahola, Chairman, 0649873

Rhova Uleo Bubu, Chairman, 0168506

Elders from Ijara, Narissa County

Adan Ismail Abdi

0538945

Witnessed by:

Isaiah Nakru, County Commissioner, Tana River

James Kianda, County Commissioner, Carissa County

Kennedy Lunalo, Deputy County Commissioner, Galole Sub-county

Julius Too, Deputy County Commissioner, Ijara Sub-county

Mohamed Nassoro Bochani, Chairman of Tana River County Peace Committee

Professor Gitile Naituli, Commissioner, NICC (National Cohesion and Integration Commission)

Adan Mohamed, Commissioner, NICC (National Cohesion and Integration Commission)