Kenya National Dialogue and Reconciliation: Public Statement

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Kenya National Dialogue and Reconciliation: Public Statement
Date: 4 Feb 2008
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate 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: Government
Peace process: Kenya peace process
Parties: Government (PNU-Party National Unity) and ODM (Orange Democratic Movement);
Government (PNU-Party National Unity) singed by Hon. Martha Karua, Hon. Sam Ongeri, Hon Tutula Kilonwo, Hon. Moses Wetang'ula
ODM signed by Hon. Musalisa Mudavidi, Hon. William Ruto, Hon. Sally Kosgei, Hon. James Orengo
Third parties: Witnessed by: For the Panel of Eminent African Personalities, H.E. Kofi A. Annan, Chairperson
Description: This short agreement provides for a number of short terms measures to deal with political crisis arising from the disputed elections in 2007. 1. Immediate Measures to Address the Humanitarian Crisis, 2. Immediate Measures to Promote Reconciliation, Healing and Restoration, 3.Recommendation to Parliamentarians, 4. Briefing on Progress to the Principals, 5. Implementation of Recommendations.

Agreement document: KE_080204_Public Statement-Kenya National Dialogue and Reconciliation.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 1, With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
b) Provide adequate security and protection, particularly for vulnerable groups, including women and children in the camps.
c) Provision of basic services for people in displaced camps:
...
· Provide medical assistance with a special focus for women, children, people living with HIV and AIDS and the disabled, currently in displaced camps.
· Ensure all children have access to education. This will involve reconstruction of schools; encouraging return of teaching staff and provision of teaching materials, and assistance for children to return to their learning institutions.

Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration
...
d) All-inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established. The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organisations.
Disabled persons: Groups→Disabled persons→Substantive
Page 1, 1. With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
b) Provide adequate secuirty and protection, particularly for vulnerable groups, including women and children in camps.
c) Provision of basic services for people in displaced camps:
...
- Provide medical assistance with a special focus for women, children, people living with HIV and AIDS and the disabled, currently in displaced camps.
Elderly/age: Groups→Elderly/age→Substantive
Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration
...
d) All-inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established. The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organisations.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Substantive
Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
g) The law on registration of persons should be reviewed to remove the emphasis on ethnicity.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 1, 1. With Respect to Immediate Measures to Address the Humanitarian Crisis:
a) Assist and encourage displaced persons to go back to their homes or other areas
and to have safe passage and security throughout
b) Provide adequate security and protection, particularly for vulnerable groups,
including women and children in the camps.
c) Provision of basic services for people in displaced camps:
· Ensure that there is adequate food, water, sanitation and shelter within
the affected communities – both those in displaced camps and those
remaining in their communities.
· Provide medical assistance with a special focus for women, children,
people living with HIV and AIDS and the disabled, currently in displaced
camps.
· Ensure all children have access to education. This will involve
reconstruction of schools; encouraging return of teaching staff and
provision of teaching materials, and assistance for children to return to
their learning institutions.
d) Provide information centres where the affected can get easy access to
information regarding the assistance that is available to them and how to access
it, for example, support for reconstruction of livelihoods, or tracing of family
members.
e) Operationalise the Humanitarian Fund for Mitigation of Effects and Resettlement
of Victims of Post 2007 Election Violence expeditiously by establishing a bi-partisan, multi-sectoral Board with streamlined procedures to disburse funds rapidly.
f) The Fund is open to public contributions and all citizens and friendly countries,
governments and international institutions to donate generously.
g) Ensure close linkages with the ongoing national and international assistance to enhance the effectiveness of delivery.
h) Ensure that victims of violence in urban areas are not neglected in the implementation of the above.
i) In order to promote food security, displaced farmers should be assisted to return to their farms. All farmers affected by the crisis should be assisted and encouraged to safely resume their farming activities.

Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
f) A national resettlement programme should be developed.
Social class: No specific mention.

Gender

Women, girls and gender: Page 1, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
b) Provide adequate security and protection, particularly for vulnerable groups, including women and children in camps.
c) Provision of basic services for people in displaced camps:
[...]
- Provide medical assistance with a special focus for women, children, prople living with HIV and AIDS and the disabled, currently in displaced camps.
[...]

Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration
d) All-inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established. The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organisations.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 1, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
d) Provide information centres where the affected can get easy access to information regarding the assistance that is available to them and how to access it, for example, support for reconstruction of livelihoods, or tracing of family
members.

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: Page 1, Preamble:
Goal:
To ensure that the National Dialogue and Reconciliation is carried out in a continuous
and sustained manner towards resolving the political crisis arising from the disputed
presidential electoral results as well as the ensuing violence in Kenya, in line with the agreement between His Excellency Mwai Kibaki and Honourable Raila Odinga, as publicly announced on 24th January and reaffirmed on 29th January 2008 at County Hall in
Nairobi.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration
...
d) All-inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established. The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organisations.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
c) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated.

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: Page 1, Preamble:
The final goal of the National Dialogue and Reconciliation is to achieve sustainable
peace, stability and justice in Kenya through the rule of law and respect for human
rights.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Freedom of association
Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
b) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld.
c) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated.
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
b) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld.
c) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated.
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: Rights related issues→Media and communication→Media roles
Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
b) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld.
Mobility/access: Page 1, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
a) Assist and encourage displaced persons to go back to their homes or other areas and to have safe passage and security throughout
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 1, With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
b) Provide adequate security and protection, particularly for vulnerable groups, including women and children in the camps.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: Rights institutions→Regional or international human rights institutions→Body tasked
Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
i) Welcome and encourage the United Nations High Commissioner for Human
Rights investigatory team

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 1-2, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
c) Provision of basic services for people in displaced camps:
· Ensure that there is adequate food, water, sanitation and shelter within the affected communities – both those in displaced camps and those remaining in their communities.
· Provide medical assistance with a special focus for women, children, people living with HIV and AIDS and the disabled, currently in displaced camps.
· Ensure all children have access to education. This will involve reconstruction of schools; encouraging return of teaching staff and provision of teaching materials, and assistance for children to return to
their learning institutions.
d) Provide information centres where the affected can get easy access to information regarding the assistance that is available to them and how to access it, for example, support for reconstruction of livelihoods, or tracing of family members.
e) Operationalise the Humanitarian Fund for Mitigation of Effects and Resettlement
of Victims of Post 2007 Election Violence expeditiously by establishing a bi-partisan, multi-sectoral Board with streamlined procedures to disburse funds rapidly.
f) The Fund is open to public contributions and all citizens and friendly countries,
governments and international institutions to donate generously.
g) Ensure close linkages with the ongoing national and international assistance to enhance the effectiveness of delivery.
...
i) In order to promote food security, displaced farmers should be assisted to return to their farms. All farmers affected by the crisis should be assisted and encouraged to safely resume their farming activities.
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: 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: Page 1, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
a) Assist and encourage displaced persons to go back to their homes or other areas and to have safe passage and security throughout
b) Provide adequate security and protection, particularly for vulnerable groups,
including women and children in the camps.
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: 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: Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and
Restoration:
a) Joint peace rallies should be convened by all leaders of parties to promote peace and reconciliation.
...
d) All-inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established. The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organizations.
...
h) A Truth, Justice and Reconciliation Commission that includes local and international jurists should be established.
i) Welcome and encourage the United Nations High Commissioner for Human Rights investigatory team.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: Page 1-2, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
d) Provide information centres where the affected can get easy access to information regarding the assistance that is available to them and how to access it, for example, support for reconstruction of livelihoods, or tracing of family
members.
e) Operationalise the Humanitarian Fund for Mitigation of Effects and Resettlement of Victims of Post 2007 Election Violence expeditiously by establishing a bi-partisan, multi-sectoral Board with streamlined procedures to disburse funds
rapidly.
...
h) Ensure that victims of violence in urban areas are not neglected in the implementation of the above.

Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and
Restoration:
...
e) Counseling support should be provided to those affected communities.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: [Summary: The whole agreement provides for National Dialogue and Reconciliation. The section 2 has a more specific focus on National Reconciliation - See below].

Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and
Restoration:
a) Joint peace rallies should be convened by all leaders of parties to promote peace and reconciliation.
b) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld.
c) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated.
d) All-inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established. The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organizations.
e) Counseling support should be provided to those affected communities.
f) A national resettlement programme should be developed.
g) The law on registration of persons should be reviewed to remove the emphasis on ethnicity.
h) A Truth, Justice and Reconciliation Commission that includes local and international jurists should be established.
i) Welcome and encourage the United Nations High Commissioner for Human Rights investigatory team.

Implementation

UN signatory: No specific mention.
Other international signatory: Witnessed by: For the Panel of Eminent African Personalities, H.E. Kofi A. Annan, Chairperson
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 3, Part 5. Implementations of Recommendations:
Weekly progress reports on implementation of these and other recommendations
to be made to the Committee by the relevant parties/institutions.
Related cases: No specific mention.
Source: http://peacemaker.un.org/

Public Statement

Kenya National Dialogue and Reconciliation

Mediated by H.E. Kofi Annan and the Panel of Eminent African Personalities

Feb 4, 2008

Preamble:

Goal:

To ensure that the National Dialogue and Reconciliation is carried out in a continuous and sustained manner towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya, in line with the agreement between His Excellency Mwai Kibaki and Honourable Raila Odinga, as publicly announced on 24th January and reaffirmed on 2cfh January 2008 at County Hall in Nairobi.

The final goal of the National Dialogue and Reconciliation is to achieve sustainable peace, stability and justice in Kenya through the rule of law and respect for human rights.

1. With Respect to Immediate Measures to Address the Humanitarian Crisis:

a) Assist and encourage displaced persons to go back to their homes or other areas and to have safe passage and security throughout

b) Provide adequate security and protection, particularly for vulnerable groups, including women and children in the camps.

c) Provision of basic services for people in displaced camps:

• Ensure that there is adequate food, water, sanitation and shelter within the affected communities - both those in displ.aced camps and those

remaining in their communities.

• Provide medical assistance with a special focus for women, children, people living with HIV and AIDS and the disabled, currently in displaced

camps.

• Ensure all children have access to education.

This will involve reconstruction of schools;

encouraging return of teaching staff and

provision of teaching materials, and assistance for children to return to their learning institutions.

d) Provide information centres where the affected can get easy access to information regarding the assistance that is available to them and how to access it, for example, support for reconstruction of livelihoods, or tracing of family members.

e) Operationalise the Humanitarian Fund for Mitigation of Effects and Resettlement of Victims cif Post 2007 Election Violence expeditiously by establishing a bi-partisan, multi-sectoral Board with streamlined procedures to disburse funds rapidly.

f) The Fund is open to public contributions and all citizens and friendly countries, governments and international Institutions to donate generously.

g) Ensure close linkages with the ongoing national and International assistance to enhance the effectiveness of delivery.

h) Ensure that victims of violence in urban areas are not neglected in the implementation of the above.

i) In order to promote food security, displaced farmers should be assisted to return to their farms.

All farmers affected by the crisis should be assisted and encouraged to safely resume their farming activities.

2. With Respect to Immediate Measures to Promote Recopciliation, Healing and Restoration:

a) Joint peace rallies should be convened by all leaders of parties to promote peace and reconciliation.

b) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld.

c) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated.

d) All inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established.

The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organizations.

e) Counseling support should be provided to those affected communities.

f) A national resettlement programme should be developed.

g) The law on registration of persons should be reviewed to remove the emphasis on ethnicity,

h) A Truth, Justice and Reconciliation Commission that includes local and international jurists should be established.

i) Welcome and encourage the United Nations High Commissioner for Human Rights investigatory team.

3. Recommendation to Parliamentarians:

Request the Speaker of Parliament to urgently convene a meeting of all members (Kamukunji) so that the Committee has the opportunity to inform

Parliamentarians of the progress of the National Dialogue and Reconciliation.

4. Briefing on Progress to the Principals:

The Panel of Eminent African Personalities will provide periodic joint briefings to H.E. Mwai Kibaki and Hon.

Raila Odinga.

5. Implementation of Becommendations:

Weekly progress reports on implementation of these and other recommendations to be made to the Committee by the relevant parties/institutions