Maikona and Walda Peace Declaration

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Country/entity: Ethiopia
Kenya
Region: Africa (excl MENA)
Agreement name: Maikona and Walda Peace Declaration
Date: 28 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: Signed:
Galma Dabasso, Borana
Jattani Kotote, Borana
Abdub Dengich, Borana
Adi Mary Hapana, Borana
Salesa Galma, Borana

Chukulisa Tuye, Gabra
Sori Salesa, Gabra
Anudo Guyo, Gabra
Quri Guyo, Gabra
Adudo Godana, Gabra
Third parties: -
Description: Agreement to end violence between the Borana and Gabra communities, and the theft of livestock.

Agreement document: KE_090728_Maikona and Walda 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: 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 1:
We pledge to live peacefully with one another and to share the natural resources of water and pasture.
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: 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:
Peace will be safeguarded through the implementation of the following fines:

If a person is caught with a stolen animal, the fine is 4 animals per animal stolen. The culprit also has to pay the expenses incurred for tracking that animal, and will be handed over to government law.
If a person injures another with intent to kill, the fine is 15 cows and they will be handed over to government law.
If a person kills another, the fine is 30 cows and they will be handed over to government law.
If a person is spreading lies and propaganda, inciting people to fight, they will be fined expenses and 5 cows.
If a person conceals a culprit or information, they and the concealed person will be fined the same, depending on the crime.
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:
Peace will be safeguarded through the implementation of the following fines:

If a person is caught with a stolen animal, the fine is 4 animals per animal stolen. The culprit also has to pay the expenses incurred for tracking that animal, and will be handed over to government law.
If a person injures another with intent to kill, the fine is 15 cows and they will be handed over to government law.
If a person kills another, the fine is 30 cows and they will be handed over to government law.
If a person is spreading lies and propaganda, inciting people to fight, they will be fined expenses and 5 cows.
If a person conceals a culprit or information, they and the concealed person will be fined the same, depending on the crime.
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; Ayuko, B; Magotsi, L; (2011), Mogodashe Declaration III, National Steering Committee on Peacebuilding and Conflict Management, Kenya

ANNEX II:

Maikona and Walda Peace Declaration - 28th July 2009

We, the undersigned, have accepted peace between our communities, the Borana and the Gabra.

We pledge to live peacefully with one another and to share the natural resources of water and pasture.

Peace will be maintained through regular meetings between representatives of both communities, at alternating locations.

Peace will be safeguarded through the implementation of the following fines:

If a person is caught with a stolen animal, the fine is 4 animals per animal stolen.

The culprit also has to pay the expenses incurred for tracking that animal, and will be handed over to government law.

If a person injures another with intent to kill, the fine is 15 cows and they will be handed over to government law.

If a person kills another, the fine is 30 cows and they will be handed over to government law.

If a person is spreading lies and propaganda, inciting people to fight, they will be fined expenses and 5 cows.

If a person conceals a culprit or information, they and the concealed person will be fined the same, depending on the crime.

SIGNED

Galma Dabasso, Borana Chukulisa Tuye, Gabba

Jattani Kotote, Borana Sori Salesa, Gabra

Abdub Dengich, Borana Anudo Guyo, Gabra

Adi Mary Hapana, Borana Quri Guyo, Gabra

Salesa Galma, Borana Adudo Godana, Gabra