Modogashe Declaration (III)

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Modogashe Declaration (III)
Date: 8 Apr 2011
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: On behalf of Mandera County:vHussein Mohamed ADAN, Abdi Wili ABDULLAHI, Abdille Sheikh BILLOW
On behalf of Wajir County: Ali Abdi OGLE, Abdisalan Ibrahim ALI, Bishar Ali OLOW,
On behalf of Garissa County: Dagane Karur OMAR, Hassan Abdi HURE, Hussein Noor Abdi
On behalf of Tana River County: Kahonzi Esther JARHA, Ijema Godana HASSAN, Aden Ibrahim ARALE
On behalf of Marsabit County: Guyo Karayu DIKA, Hassan Lolterka LENAROKI, Boru Arero BORU,
On behalf of Sabburu County: Jason LESHOOMO, Peter P. LEKISAT, Benedicto L. LOLOSOLI
On behalf of Meru County: Linos Kathera M. ERIMBA, Mitabathi M.KIRIMANA KIRIMANA
On behalf of Nairobi County: Lucy Nyambura NDIRANGU, John Charles ODHIAMBO
Third parties: On behalf of North Eastern Province: Mr. James Ole Serian, EBS
On behalf of Coast Province: Mr. Ernest G. Munyi, EBS
On behalf of Eastern Province: Ms. Clare A. Omolo, EBS
On behalf of Rift Valley Province: Mr. Osman Warfa, EBS
Description: County and regional leaders agree to measures to reduce conflict over theft of livestock, as well as provisions to stop unauthorised migration.

Agreement document: KE_110408_Modogashe Declaration (III).pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 3, On the Role of Peace Structures, Institutions and Mechanisms:
...
We further resolve to collaboratively address the six (6) under-listed emerging issues for conflict dynamics within the target Counties and neighbouring Countries:
...
iii. Youth and violence (involvement in local and international criminal activities, militia)
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 3, On the Role of Peace Structures, Institutions and Mechanisms:
We further resolve to collaboratively address the six (6) under-listed emerging issues for conflict dynamics within the target Counties and neighbouring Countries:
...
v. Gender-based violence
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): Governance→Political institutions (new or reformed)→General references
Page 2: On the Role of Peace Structures, Institutions and Mechanisms:
1. Strengthen peace committees and other collaborative response structures for peace within and between Counties; and neighbouring Countries, including Council of Elders, religious Mediation Councils, women and youth initiatives among others.
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: Page 3, On the Role of Peace Structures, Institutions and Mechanisms:
We further resolve to collaboratively address the six (6) under-listed emerging issues for conflict dynamics within the target Counties and neighbouring Countries:
...
vi. Transitions to County System of Governance
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: Human rights and equality→Socio-economic rights→Property
Page 2, On Socio-economic empowerment
(c) create market information systems and market based mediators
(p) To create joint response structures for managing agro-pastoralist conflict, especially in areas where communities interface.

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: Land, property and environment→Land reform/rights→Land reform and management
Page 1, On unauthorised grazing:
(f) private farms, conservancies, parks, and the environment at large should be protected and respected by all Parties

Page 2, On Control of livestock diseases and trade:
(k) Counties in the target areas under this Declaration and Agreement negotiate with ranches on grazing rights and benefits during dry spells
Pastoralist/nomadism rights: Summary: the agreement in its entirety deals with pastoralist rights and regulations.
Cultural heritage: No specific mention.
Environment: Page 1, On unauthorised grazing:
(f) private farms, conservancies, parks, and the environment at large should be protected and respected by all Parties
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: On Livestock Raiding
...
(g) with regard to compensation of lives lost through livestock raiding, the Declaration shall be applied on the basis of context:
(i) between those professing Islamic faith, the compensation shall be in line with Quara’nic teachings.

Page 2: On Livestock Raiding
...
(ii) where the parties profess different faiths, customs or cultures, mutual agreement shall be reached in compensation for the victim as stated in the context-specific Declarations and Agreements
(h) the communities, National and County Governments to invest in modern anti-livestock raiding technologies such as e-tracking.
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: On Livestock Raiding
...
(g) with regard to compensation of lives lost through livestock raiding, the Declaration shall be applied on the basis of context:
(i) between those professing Islamic faith, the compensation shall be in line with Quara’nic teachings.
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: Nyikuri, C, (2011) Modogashe Declaration III, Ayuko, B, and Liyayi Magotsi (eds), National Steering Committee on Peacebuilding and conflict Management (NSC) Secretariat,
Ministry of State for Provincial Administration & Internal Security, Kenya, http://www.nscpeace.go.ke/resource-library/downloads/category/6-reports.html?download=36:revalidation-of-modagashe-declaration-2011&start=20

Modogashe Declaration, 8th April 2011

We the leaders drawn from the respective counties of Marsabit, Isiolo, Mandera, Wajir, Garissa, Tana River, Saburu, Meru and Nairobi, gathered at the Almond Resort in Garissa on the 7th and 8th of April 2011, do hereby commit ourselves and resolve that the Modogashe Declaration that was entered into in the first instance in 2001 and revalidated in 2005, stands further revalidated as at the 8th Day of April, 2011 as per the Amendments contained herein.

We do hereby resolve that:

The Community Peace Agreement and Declaration shall generally apply to the Parties herein.

In addition, context-specific agreements and Declarations shall apply in unique circumstances as entered into by various communities in a stated locality.

On unauthorised grazing:

(f) private farms, conservancies, parks, and the environment at large should be protected and respected by all Parties

(g) cross-border issues should be the responsibility of Government, Communities, peace structures and institutions.

On Livestock Raiding:

This Declaration and agreement respects sanctity of life.

(g) with regard to compensation of lives lost through livestock raiding, the Declaration shall be applied on the basis of context:

(i) between those professing Islamic faith, the compensation shall be in line with Quara’nic teachings.

(ii) where the parties profess different faiths, customs or cultures, mutual agreement shall be reached in compensation for the victim as stated in the context-specific Declarations and Agreements

(h) the communities, National and County Governments to invest in modern anti-livestock raiding technologies such as e-tracking.

On Control of livestock diseases and trade:

(k) Counties in the target areas under this Declaration and Agreement negotiate with ranches on grazing rights and benefits during dry spells

(l) revival of all livestock holding grounds to facilitate livestock trade

(o) Establish abboteaurs in strategic areas in the country

On Acquisition of identity cards by non-Kenyans:

Those suspected to facilitate the illegal movement and entry of aliens, asylum seekers and refugees be prosecuted in line with the Kenyan laws.

On Socio-economic empowerment:

(p) To create joint response structures for managing agro-pastoralist conflict, especially in areas where communities interface.

On the Role of Peace Structures, Institutions and Mechanisms:

Strengthen peace committees and other collaborative response structures for peace within and between Counties;

and neighbouring Countries, including Council of Elders, religious Mediation Councils, women and youth initiatives among others.

We further resolve to collaboratively address the six (6) under-listed emerging issues for conflict dynamics within the target Counties and neighbouring Countries:

Urban issues and related disputes (Plots and boundaries)

Conservancies

Youth and violence (involvement in local and international criminal activities, militia)

Strengthening cross-border frameworks i.e international boundaries, inter-community and intra-community

Gender-based violence

Transitions to County System of Governance

Al present at this Forum resolve to the Joint Stakeholder Forum on Revalidation of the Modogashe Declaration resolves to expand the geographical scope of this Declaration and Agreement to include other neighbouring Counties and Countries.

Finally, all present at the Forum commit ourselves to reach out to all actors in the implementation of the Modogashe Declaration in line with the annexed Implementation Strategy as contained herein.

Signed on this 8th Day of April, 2011:

For and Behalf of:

Mandera County

Hussein Mohamed ADAN

Abdi Wili ABDULLAHI

Abdille Sheikh BILLOW

Wajir County

Ali Abdi OGLE

Abdisalan Ibrahim ALI

Bishar Ali OLOW

Garissa County

Dagane Karur OMAR

Hassan Abdi HURE

Hussein Noor Abdi

Tana River County

Kahonzi Esther JARHA

Ijema Godana HASSAN

Aden Ibrahim ARALE

Marsabit County

Guyo Karayu DIKA

Hassan Lolterka LENAROKI

Boru Arero BORU

Sabburu County

Jason LESHOOMO

Peter P. LEKISAT

Benedicto L. LOLOSOLI

Meru County

Linos Kathera M. ERIMBA

Mitabathi M.KIRIMANA KIRIMANA

Nairobi County

Lucy Nyambura NDIRANGU

John Charles ODHIAMBO

In the presence of respective Provincial Commissioners:

North Eastern Province Mr. James Ole Serian, EBS

Coast Province Mr. Ernest G. Munyi, EBS

Eastern Province Ms. Clare A. Omolo, EBS

Rift Valley Province Mr. Osman Warfa, EBS