Validation of the Reviews and Amendments on Dukana-Dillo-Maikona Declaration

Export agreement:

Country/entity: Ethiopia
Kenya
Region: Africa (excl MENA)
Agreement name: Validation of the Reviews and Amendments on Dukana-Dillo-Maikona Declaration
Date: 31 Aug 2017
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: Implementation/renegotiation
Conflict nature: Inter-group
Peace process: Kenya Local Agreements
Parties: Signed by Dambala Bonaya, Tura Roba, Dambala Sharamo, Charto Boru and Mamo Supo from the Gabra community and Aba Gada Kura Jarso, Boru Dima, Jaro Tukele, Alaje Gurme, and Galgalo Jarso from the Borana community.
Third parties: Witnessed by:
Solomon Gubo Rine, Deputy Governor Marsabit County
Job Kemei, Deputy County Commissioner, Noal Horr
Dida Jaldesa, Chielf of Zone 1 Cabinet and Head of Admin Office
Doyo Borte, Dillo Woreda Administrator
Description: This agreements is cross-border and addresses 'prolonged communal conflict' between the Boranas of Ethiopia and the Gabras of Kenya. It works to update, validate and extend an earlier Dukana-Dillo-Maikona Declaration, and provides for new inter-communal pledges for peace and provision for how theft of cattle is to be dealt with.

Agreement document: KE_EH_170831_Validation_Review_Amendments_Dukana_Dillo_Maikona_Declaration.pdf (opens in new tab) | Download PDF

Main category: Page 2, 2, Validation of the Declaration Reviews and Amendments
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9. The penalty for rape case for virgin girl was amended from 10 to 15 cows. For married women remain at 5 cows. The culprit is then handed over to the Government to face prosecution.

Women, girls and gender

Participation: No specific mention.
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: Violence against women→Sexual violence
Page 2:

9. The penalty for rape case for virgin girl was amended from 10 to 15 cows. For married women remain 5 cows. The culprit is the handed over to the Government to face prosecution.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

VALIDATION OF THE REVIEWS AND AMENDMENT ON DUKANA-DILLO-MAIKONA DECLARATION MEETING HELD AT KOKET-BORANA HOTEL MOYALE- ETHIOPA ON AUGUST 30-31, 2017

I. Introduction and Background:

Dukana-Dillo-Maikona peace declaration was first support by the Kenya National Steering Committee (NSC) in 20009.

The declaration was a cross border solutions to the prolonged community conflict between Boranas of Ethiopia and Gabras of Kenya.

As a result of this declaration, the conflict was mitigated to a great extend enabling the two communities live together, share grazing and watering resources , opened cross border trade and enabled education and health services sharing especially on the Kenyan side.

However, with the introduction of a USAID funded program dabbed PEACE III, in partnership with Strategies for Northern Development (SND) and Inter African Group (AIG), the two communities identified the need to revise the declaration and its amendment due to the prevailing circumstances identified as inconsistencies, ambiguity and double punishment inflicted on suspect.

The parties, in one of PEACE III activities suggested the need to review some key clauses such as age specification of cattle that is used for blood compensation.

On May 31, 2017 at Koet-Borana Hotel Moyale- Ethiopia, PEACE III and its partners facilitated a community meeting that reviewed and mended the Dukana-Dillo-Maikona Declaration.

This meeting gave forth the reviews and amendments on the Dukana-Dillo-Maikona declaration peace process which PEACE III helped document and is here presented for validation.

II. Validation of the Declaration Reviews and Amendments:

On this 30th day of August 2017, The Gabra and Borana Communities herein represented by their traditional leaders pledge to live peacefully with one another and share the natural resources such as water and pasture.

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

Peaceful coexistence will be safeguarded through the implementation of the peace declaration.

We the undersigned traditional leaders of Gabra and Borana confirm that we have unanimously accepted the following amendments as made on the Dukana-Dillo-Maikona peace declaration on May 31, 201 in Moyale:

That anyone found guilty of stealing animal/s, the penalty or punishment for perpetrator will remain the same as stipulated in the declaration – paying 5 cows for each animal stolen.

The culprit also should pay the expenses incurred for tracking that animal and finally handed over to the government to face the law.

The penalty for anyone who causes injured to another in attempt to kill, shall pay fine of 15 cows and will again be handed over to the government for prosecution.

That the penalty for the deliberate killing has been amended from fine of 30 cows to 50 cows (25 bulls and 25 cows).

Furthermore, the perpetrator should be arraigned in court and prosecuted for murder.

That the age of the cows meant for fine should be least 3 years with a minimum price of Birr 3000 per cow, or its equivalent in Kenyan Shillings.

For proven accidental killing, the penalty remain the same as in the declaration which is 3 cows (15 bulls and 15 cows)

It was unanimously agreed that the culprits should take full responsibility of paying the fines or penalties all by him/herself and his clan as earlier stipulated.

The fine should be paid by the culprit with immediate effect following any incident

The compensatory cows will be collected by the local peace committee

The penalty for rape case for virgin girl was amended from 10 to 15 cows.

For married women remain at 5 cows.

The culprit is then handed over to the Government to face prosecution.

The elders should take responsibility to appear before court to witness against the culprit in case of prosecution.

A person spreading rumors, propaganda and inciting people to fight will be fined 5 cows as stipulated in the declaration

The penalty for concealing a culprit or hide vital information on a perpetrator will be fined same as culprit, depending on the crime committed.

Gabra Traditional Leaders:

Borana Traditional Leaders

Name:

[Illegible] Name:

[Illegible]

Sign:

[Signature] Sign:

[Signature]

Name:

TURA Roka Name:

[Illegible]

Sign:

[Signature] Sign:

[Signature]

Name;

Damballa Bonaya Name:

[Illegible]

Sign:

[Signature] Sign:

[Signature]

Name:

Damballa [Illegible] Name:

Jaro Tukale