Dukana-Dillo-Maikona Declaration

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Country/entity: Ethiopia
Kenya
Region: Africa (excl MENA)
Agreement name: Dukana-Dillo-Maikona Declaration
Date: 19 Jul 2009
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: No signature but agreement is between Borana of Kenya and the Gabra people.
Third parties: -
Description: Agreement between Borana and Gabra relating to access to resources. Also contains agreed penalties that will be incurred for theft of livestock.

Agreement document: KE_090719_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: 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: Page 1, Untitled Preamble
...
“We propose an elder’s committee. We need a period that will be facilitated by this committee working on peace between these communities until things take off and we have engagement and interaction.”

...

Page 1, Untitled Preamble
...
“We don’t have to run to the government to sort out our issues. We can use our own systems. We can sort out our daily life issues through our own traditional system.”
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 1, Untitled Preamble
...
“We have decided that from this meeting on, you Gabra have the right to use all our resources equally. [We will make] an inter-clan committee of Borana and Gabra that will oversee the rules of access to resources.”
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: Page 1, Untitled Preamble
...
“We propose an elder’s committee. We need a period that will be facilitated by this committee working on peace between these communities until things take off and we have engagement and interaction.”

Page 1, Untitled Preamble
...
“Animals from both communities have strayed. We should return these to their owners.”

Page 1, Untitled Preamble
...
“We should be people together, giving each other information – where lost animals are etc – all information”
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: 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, The gathering also agreed to adopt the Dillo and Dukana declaration [November 2008] which decrees that:
1. If a person is caught with a stolen animal, the fine is four animals per one animal stolen and the culprit has to pay the expense incurred for tracking that animal.
2. If anyone injures another person with intent the penalty is 15 cows.
3. If anyone kills a person, the penalty is 30 cows.
4. If someone is putting out lies and propaganda, inciting people to fight, this is very serious. It is worse than fighting itself. He is fined expenses and five cows.
5. For the man who conceals a culprit or information, both the concealer and the concealed are fined the same. E.g. a man who hides another man who has killed; both are fined 30 cows.
In all these cases the culprit also goes to court.
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 1,
1. If a person is caught with a stolen animal, the fine is four animals per one animal stolen and the culprit has to pay the expense incurred for tracking that animal.
2. If anyone injures another person with intent the penalty is 15 cows.
3. If anyone kills a person, the penalty is 30 cows.
4. If someone is putting out lies and propaganda, inciting people to fight, this is very serious. It is worse than fighting itself. He is fined expenses and five cows.
5. For the man who conceals a culprit or information, both the concealer and the concealed are fined the same. E.g. a man who hides another man who has killed; both are fined 30 cows.
In all these cases the culprit also goes to court.
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: Pastoralist Communication Initiative, (2009) http://www.pastoralists.org/borana-and-gabrapastoralists-agree-to-peace/

Dukana-Dillo-Maikona Declaration

Maikona, 19th July 2009

The communities at the Maikona meeting made the following declarations:

“The Borana of Kenya announce that it is peace for us without any conditions.

We have accepted peace.

The Gabra people accept peace too.”

“We have decided that from this meeting on, you Gabra have the right to use all our resources equally. [

We will make] an inter-clan committee of Borana and Gabra that will oversee the rules of access to resources.”

“We propose an elder’s committee.

We need a period that will be facilitated by this committee working on peace between these communities until things take off and we have engagement and interaction.”

“Animals from both communities have strayed.

We should return these to their owners.”

“We should be people together, giving each other information – where lost animals are etc – all information”

“We hope to have another meeting in Walda in a week’s time that includes people of Moyale and Sololo so that issues we have discussed here can be handed over to the people there and implemented.”

“The issues of [district] boundaries is the preserve of the government.

It is not for us to deal with.”

“We don’t have to run to the government to sort out our issues.

We can use our own systems.

We can sort out our daily life issues through our own traditional system.”

“After this meeting we should have a lot of other small events, small activities to talk to the people and mobilise them for peace.”

The gathering also agreed to adopt the Dillo and Dukana declaration [November 2008] which decrees that:

1. If a person is caught with a stolen animal, the fine is four animals per one animal stolen and the culprit has to pay the expense incurred for tracking that animal.

2. If anyone injures another person with intent the penalty is 15 cows.

3. If anyone kills a person, the penalty is 30 cows.

4. If someone is putting out lies and propaganda, inciting people to fight, this is very serious.

It is worse than fighting itself.

He is fined expenses and five cows.

5. For the man who conceals a culprit or information, both the concealer and the concealed are fined the same.

E.g. a man who hides another man who has killed;

both are fined 30 cows.

In all these cases the culprit also goes to court.