Sotik and Borabu Social Contract

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
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.

Local agreement properties

Process type
Informal but persistent process
Rationale
The introduction indicates that the two communities have a history of managing conflict, but there is no reference to support mechanisms. Additional reporting by Acord states that the social contract was the result of initiatives from the community, in the absence of sustainable peace resulting from the national level process in the Sotik and Birabu border area.
Is there a documented link to a national peace process?
Yes
Link to national process: articulated rationale
Page 2, 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.
Name of Locale
Border of Sotik and Borabu District
Nature of Locale
Region
GPS Lat/Long (DD)
-0.724533, 35.054720
Participant type
International or transnational actor
Domestic religious organisation/leader or other elder
Local community/civilian group(s)/civil society organisations
Mediator, facilitator or similar
Mediator or similar referred to
Mediator (references)
Meetings facilitated by the Agency for Cooperation and Research in Development (ACORD) and Cereal Growers Association (CGA)
Type of mediator/facilitator/similar
Local community/civilian group(s)/civil society organisations International or transnational actor

Local issues

Ritual/prayer and process (including use of scripture)

No specific mention.

Grievance List
Page 1, 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.

Page 1, Main Contributing Factors
- Rampant cattle rustling
- Tribalism
- Negative politics/ propaganda/ misinformation
- Historical land issues
- Poverty/Unemployment/idleness/drug abuse/alcohol consumption

Page 2, Poverty /unemployment/idleness
We recognize that signifcant 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
Cattle rustling/banditry
Page 1, 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.

Page 1, Main Contributing Factors
- Rampant cattle rustling

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 report suspect cattle robbers.

Page 2, Poverty /unemployment/idleness
We recognize that signifcant 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.
Social cover

No specific mention.

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.