Kenya National Dialogue and Reconciliation, Statement of Principles on Long-term Issues and Solutions

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Kenya National Dialogue and Reconciliation, Statement of Principles on Long-term Issues and Solutions
Date: 23 May 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 and ODM
On the Behalf of the Government/PNU, Hon Martha Karua, Hon Sam Ongeri, Hon. Mutula Kilonzo, Hon. Moses Wetang'ula
On the Behalf of ODM, Hon. Musalia Mudavudi, Hon. William Ruto, Hon. Sally Kosgei, Hon. James Orengo
Third parties: Witnessed by: For the Panel of Eminent African Personalities, H.E. Oluyemi Adeniji - Session Chair
Description: The short agreement define the commitments made to address the long-term issues: A. Constitutional, institutional and legal reform); B. Land Reform; C. Poverty, inequity and regional imbalances; D. Unemployment, particularly among the youth; E. Consolidation of national Cohesion and unity; F. Transparency, Accountability and Impunity.

Agreement document: KE_080523_Dialogue&Reconciliation (Principles on Long-term Issues and Solutions).pdf (opens in new tab) | Download PDF

Main category: Page 2, II. We reaffirm our commitment to addressing the long-term issues. In this regard, we agree on the following principles.
C. Poverty, inequity and regional imbalances
We recognize that to ensure sustainable peace in the country, poverty eradication and equitable
development are essential. We further recognize that issue' of inequality, manifested along income, regional and gender lines, remain key challenges for Kenya.

Agenda 4 Implementation Framework
Poverty, inequality and regional imbalances
(a) Ensure equity and balance are attained in development across all regions including in job creation, poverty reduction, improved income distribution and gender equity.
(f) Develop and Affirmative Action Policy and enhance the Women's Enterprise Fund. (p. 6-7)

Women, girls and gender

Participation: No specific mention.
Equality: Equality→Social equality
Page 7, Agenda 4: Implementation Framework, Poverty, inequality and regional imbalances
(a) Ensure equity and balance are attained in development across all regions including in job creation, poverty reduction, improved income distribution and gender equity.

Page 2, II. We reaffirm our commitment to addressing the long-term issues. In this regard, we agree on the following principles.
...
C. Poverty, inequity and regional imbalances
We recognize that to ensure sustainable peace in the country, poverty eradication and equitable development are essential. We further recognize that issue' of inequality, manifested along income, regional and gender lines, remain key challenges for Kenya.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: New institutions→Institutions for women
Page 8, Agenda 4: Implementation Framework, Poverty, inequality and regional imbalances
...
(f) Develop and Affirmative Action Policy and enhance the Women's Enterprise Fund.
New institutions→Reconciliation and peace
Page 2, II. We reaffirm our commitment to addressing the long-term issues. In this regard, we agree on the following principles.
...
C. Poverty, inequity and regional imbalances
We recognize that to ensure sustainable peace in the country, poverty eradication and equitable development are essential. We further recognize that issue' of inequality, manifested along income, regional and gender lines, remain key challenges for Kenya.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: Development→General
Page 2, II. We reaffirm our commitment to addressing the long-term issues. In this regard, we agree on the following principles.
...
C. Poverty, inequity and regional imbalances
We recognize that to ensure sustainable peace in the country, poverty eradication and equitable development are essential. We further recognize that issue' of inequality, manifested along income, regional and gender lines, remain key challenges for Kenya.
Implementation: No specific mention.
Other: No specific mention.

Kenya National Dialogue and Reconciliation

Mediated by lf.

E Kofi Annan, Chair of the Panel of Eminent African Personalities

Statement of Principles on Long-term issues and solutions

I. Preamble

Reaffinning that 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.

Recalling that, in the Annotated Agenda and Timetable for the National Dialogue and

Reconciliation signed on 1 February, we recognized that poverty, the inequitable

distribution of resources and perceptions of historical injustices and exclusion on the part

of segments of Kenyan society constituted the underlying causes of the prevailing social

tensions, instability and cycle of violence.

We also agreed that discussions under Agenda

Item Four would be conducted to examine and propose solutions for long-standing issues.

Further recalling that, in the 14 February Agreement on Agenda Item Three (How to

resolve the political crisis), we reaffirmed our commitment to address the issues within

Agenda Item Four expeditiously and comprehensively.

We also noted that milestones and

benchmarks for the implementation of the reform agenda would have to be· defined.

Recalling also that the Agreement on the Principles of Partnership of the Coalition

Government, signed by His Excellency President Mwai Kibaki and the Right Honorable

Prime Minister Ra1la Odinga on 28 February 2008, recognized that the crisis triggered by

the 2007 disputed presidential elections had brought to the surface deep-seated and longstanding

divisions within Kenyan society, which, if left unaddressed, threatened the very

existence of Kenya as a unified country.

The 28 February agreement provided the means

to implement a coherent and far-reaching reform agenda, address the fundamental root

causes of recurrent conflict, and create a better, more secure, more prosperous Kenya for

all.

Recognizing.

the need for an agreed framework for moving forward in addressing the

long term issues

II. We re-affirm our commitment to addressing the long-term issues.

In this

regard, we agree on the following principles.

A. Constitutional, institutional and legal reform

We reaffirm our commitment to complete the comprehensive constitutional review

process within twelve months in accordance with the roadmap agreed to on 4 March

2008.

We agree that the institutional reforms should include, inter alia, the following

components:

Police reform, parliamentary reform, judicial reform, executive reform and

civil service reform.

We commit to chart a way forward for these institutional reforms, which should take into

account studies and recommendations already made on each issue, and analyze why the

recommendations have not been implemented.

We commit to consult Kenyans at all

stages of the process.

B. Land reform

We recognize that the issue of land has been a source of economic, social, political and

environmental problems in Kenya for many years.

We agree that land reform is a

fundamental need in Kenya and that the issue must be addressed comprehensively and

with the seriousness it deserves.

Towards this end, we agree to fully support efforts to

establish the factors responsible for conflicts over land and to formulate and implement

actionable short, medium and long-term recommendations on the issue.

C. Poverty, inequity and regional imbalances

We recognize that to ensure sustainable peace in the country, poverty eradication and

equitable development are essential.

We further recognize that issue of inequality,

manifested along income, regional and gender lines, remain key challenges for Kenya.

· In harmonizing our manifestoes, we shall ensure poverty alleviation and equitable

development are top priorities for the Coalition Government.

We shall utilize the

National Accord implementation mechanisms and we commit ourselves to a consultative

process and identify short tenn, medium term and long-term strategies to fight poverty.

D. Unemployment, particularly among the youth

We agree that unemployment in Kenya, particularly among the youth, is a serious

concern that must urgently be addressed.

We acknowledge that the lack of effective

opportunities that integrate the majority of Kenya's youth into mainstream economic

activities contributed to the destructive role played by the youth during the post-election

violence.

Ensuring that all citizens have the opportunity to be gainfully employed is not only

crucial for the nation's economic growth, prosperity and social stability, but is also vital

for enabling each individual to develop their full potential and to live in dignity.

We therefore commit ourselves to advocate for the development of a comprehensive

strategy on combating youth unemployment, and to explore all possible means of

supporting the creation of an appropriate policy environment for the expansion of

opportunities for youth in the formal and informal sectors of the economy.

E. Consolidation of national cohesion and unity

We recognize that consolidating national cohesion and unity is a cross-cutting task that

will require the efforts of all Parties, all Ministries, civil society and all Kenyans.

Apart

from the creation of the National Ethnic and Race Relations Commission, we propose the

introduction of legislation to fight discrimination and ensure equal opportunities for all.

We agree that the relevant Ministries will work with the Office of the President and the

Office of the Prime Minister and other relevant bodies to oversee unity-building efforts

and initiatives.

They would also help coordinate joint peace and reconciliation initiatives

countrywide and liaise with local peace building efforts. ·

F. Transparency, accountability, impunity

We agree that transparency and accountability in the affairs of the Government, together

with the fight against impunity, are essential if the country is to make progress in

addressing all the challenges mentioned above.

Indeed, transparency, accountability and

the fight against impunity and corruption must underpin the entire reform agenda.

addressing these issues, it will be particularly important to ensure that the

recommendations of the Truth, Justice, and Reconciliation Commission .are implemented.

m. Implementation arrangements:

The Coalition Government shall lead the process of the implementation of the reform

agenda, working with Parliament whenever appropriate.

In addition, the Kenyan people,

who should be the beneficiaries of the agenda, must be regularly consulted and their

views sought.

The implementation process will only succeed if all Kenyans work together to build trust

in the leadership and institutions of governance.

For this reason, we are committed to

help ensure the wide and meaningful participation of all Kenyans in the process.

We shall, when necessary, seek international community expertise and support and

request the Panel to continue to provide, on a need basis, support in the implementation

of these and previous agreements, including assistance to the various Committees and

Commissions provided therein.

Accordingly, we adopt the implementation framework on long-term issues outlined in the

Annex to this Statement of Principles, as a working roadmap for the resolution of the six

foregoing issues, which were underlying causes of the post-election national crisis.

Government/PNU and ODM

On the Behalf of the Government/PNU, Hon Martha Karua, Hon Sam Ongeri, Hon.

Mutula Kilonzo, Hon.

Moses Wetang'ula

On the Behalf of ODM, Hon.

Musalia Mudavudi, Hon.

William Ruto, Hon.

Sally Kosgei, Hon.

James Orengo

Witnessed by:

For the Panel of Eminent African Personalities, H.E. Oluyemi Adeniji - Session Chair