Sotik and Borabu Social Contract

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Sotik and Borabu Social Contract
Date: 21 Nov 2008
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: Representatives of Kisii and Kipsigis communities
Third parties: Agency for Co-operation and Research in Development (ACORD)
The Cereal Growers Association (CGA)
Description: Agreement between community leaders with a view to ending cattle rustling and associated inter-community violence. The document deals with the issue of cattle rustling by also containing provisions against tribalism and negative politics.

Agreement document: KE_081121_Sotik and Borabu Social Contract.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 1, Untitled Preamble
...
We, the communities, rose against each and committed atrocities such as: burning houses, carrying out killings, looting, raping girls and women, and tribal hatred has since deepened.

Page 3, Conclusion
To oversee the implementation of our social contract, a Social Watch Committee of 6 representatives from each area has been established: 2 men, 2 women and 2 young people
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: Page 2, Historical Land Issues
...
2) We also recognize the sensitivity of land issues linked to inheritance at the family level. We call upon elders together with their sons and daughters to seek for suitable solutions through dialogue.
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: Rights related issues→Citizenship→Citizen, general
Page 2, Tribalism
...
3) Instill in our children patriotic values and respect of people from other tribes

...

Page 2: Negative Politics
As far as Negative politics is concerned, we shall:
1) Invite Electoral Commission of Kenya (ECK) and other facilitators to conduct civic education in
our communities.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 3: Poverty /unemployment/idleness
...
1) We shall establish youth associations that shall liaise with the Ministry of Youth affairs and engage in constructive initiatives such as income generating activities along our border. We believe that access to economic opportunities shall help our youth disengage from unhealthy involvements.
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: Historical land issues
...
1) We shall therefore respect existing boundaries and persons’ property within those boundaries.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
Page 2, Negative Politics
...
2) Mobilize our community members to engage the youth in social activities such as sports(football),games and eventually economic activities.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

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 2: Rampant cattle rustling
As far as cattle rustling are concerned, we shall
1) Cooperate and collaborate in tracking and recovering stolen animals through joint patrol committee and community policing.
2) Liaise with the Anti Stock Theft Unit (ASTU) and the provincial administration in case of suspected
cattle theft instead of taking the law in our own hands.
3) Report any suspected cattle theft to the ASTU through the Assistant Chief or Chief.
4) Ensure security and protection to those who reportsuspect cattle robbers.

...

Page 2:Poverty /unemployment/idleness
We recognize that significant number of our youth have no income, no job and no farming land. They are easily drawn into self-destructive behaviours such as alcohol and drug consumption, criminal activities such as cattle rustling, robbery, rape, etc.
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: The Agency for Co-operation and Research in Development (ACORD)
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 3: Conclusion
To oversee the implementation of our social contract, a Social Watch Committee of 6 representatives from each area has been established: 2 men, 2 women and 2 young people.

The committee shall carry out the following tasks:
• Hold monthly meeting to assess the situation
• Liaise with Provincial administration on matters threatening community peace
• Monitor the implementation of the signed social contract
• Disseminate the signed social contract among neighboring communities
• Participate in community con ict resolution
• Chair community peace building and consolidation sessions
• Submit quarterly reports to ACORD and CGA.
Related cases: No specific mention.
Source: Agency for Co-operation and Research in Development, UN Development Programme, (2011), Community Peace Recovery and Reconciliation Handbook: A Handbook for Generating Leadership for Sustainable Peace and Recovery Among Divided Communities, pp.62,https://reliefweb.int/sites/reliefweb.int/files/resources/A39530FC51E66EC18525785B0071E5B7-Full_report.pdf

Social contract between Kisii and Kipsigis communities living along the border of Sotik and Borabu Districts, Kenya

Introduction

The Sotik and Borabu border has been characterized by sporadic skirmishes between our two communities, Kisii and Kipsigis due to cattle rustling incidents perpetrated by a cartel of criminals.

Though frequent, these incidents were well managed by both communities helped by the Anti Stock Theft Unit stationed in different locations.

However during the post election violence, the insecurity problem along the border got worse.

We, the communities, rose against each and committed atrocities such as:

burning houses, carrying out killings, looting, raping girls and women, and tribal hatred has since deepened.

Through peace meetings facilitated by the Agency for Co-operation and Research in Development (ACORD) and the Cereal Growers Association (CGA), we have had an opportunity to dialogue and reflect on issues affecting our two communities.

We have singled out the following as the main contributing factors to conflict between our two communities:

Main Contributing Factors

• Rampant cattle rustling

• Tribalism

• Negative politics/propaganda/misinformation

• Historical land issues

• Poverty/Unemployment/idleness/drug abuse/alcohol consumption

Resolutions

We the Kisii and Kipsigis communitiesliving along the Sotik and Borabu districts border having suffered negative effects of con icts between us;

we hereby commit to peaceful settlement of disputes without resorting to violence and have furthermore agreed on the following practical solutionsto our problems 62 that shall contribute to and ensure our peaceful coexistence.

We have therefore resolved to:

Rampant cattle rustling

As far as cattle rustling are concerned, we shall

1) Cooperate and collaborate in tracking and recovering stolen animals through joint patrol

committee and community policing.

2) Liaise with the Anti Stock Theft Unit (ASTU) and the provincial administration in case of suspected

cattle theft instead of taking the law in our own hands.

3) Report any suspected cattle theft to the ASTU through the Assistant Chief or Chief.

4) Ensure security and protection to those who reportsuspect cattle robbers.

Tribalism

As far as Tribalism is concerned we shall:

1) Exercise tolerance towards each other.

2) Encourage free interactions between our two communities through different social and economic

activities

3) Instill in our children patriotic values and respect of people from other tribes

Negative Politics

As far as Negative politicsis concerned, we shall:

1) Invite Electoral Commission of Kenya (ECK) and other facilitators to conduct civic education in

our communities.

2) Mobilize our community members to engage the youth in social activitiessuch as sports(football),

games and eventually economic activities.

3) Desist from divisive politics and propaganda.

4) Verify authenticity and seek confirmation of information received from relevant bodies before

acting on it.

5) Learn and exercise anger management skills.

Historical land issues

We recognize that the above issues are complex, constitute a national problem and the core matter of the Agenda 4 (long term issues and solutions) of the National Dialogue and Reconciliation on the resolution of the political crisis and its root causes.

1) We shall therefore respect existing boundaries and persons’ property within those boundaries.

2) We also recognize the sensitivity of land issues linked to inheritance at the family level.

We call upon elders together with their sons and daughters to seek for suitable solutions through dialogue.

Poverty /unemployment/idleness

We recognize that signi cant number of our youth have no income, no job and no farming land.

They are easily drawn into self-destructive behaviours such as alcohol and drug consumption, criminal activities such as cattle rustling, robbery, rape, etc.

Poverty /unemployment/idlenes

1) We shall establish youth associations that shall liaise with the Ministry of Youth affairs and engage in constructive initiatives such as income generating activities along our border.

We believe that access to economic opportunitiesshall help our youth disengage from unhealthy involvements.

CONCLUSION

To oversee the implementation of our social contract, a Social Watch Committee of 6 representatives from each area has been established:

2 men, 2 women and 2 young people.

The committee shall carry out the following tasks:

• Hold monthly meeting to assess the situation

• Liaise with Provincial administration on matters threatening community peace

• Monitor the implementation of the signed social contract

• Disseminate the signed social contract among neighboring communities

• Participate in community con ict resolution

• Chair community peace building and consolidation sessions

• Submit quarterly reports to ACORD and CGA.

On behalf of the people from Kamukunji/Gelegele, Riontony/Tembwo and Memisi/Cheplelwa, two community leaders shall sign the social contract witnessed by representatives from the social watch committee.

COMMUNITY LEADERS:

MEMISI/CHEPLELWAL

NAMES LOCATION SIGNATURE

1) [Name]

2) [Name]

SOCIA L WA TCH COMMITTEE MEMBERS

Name location Signature

1) [Name]

2) [Name]

3) [Name]

4) [Name]

5) [Name]

6) [Name]

Signed on 21st November 2008, Borderline Academy, Sotik and Borabu Districts Border, Kenya.