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

Main category: 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.

Women, girls and gender

Participation: No specific mention.
Equality: No specific mention.
Particular groups of women: Particular groups of women→Refugee/displaced women
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, people living with HIV and AIDS and the disabled, currently in displaced camps.
International law: No specific mention.
New institutions: New institutions→Reconciliation and peace
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.
Violence against women: Violence against women→Protection (general)
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.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: Development→Health (general)
Page 1, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
… 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 72, 27. Resolution No: DIC/CHSC/07 RELATING TO ETHICS AND THE FIGHT AGAINST CORRUPTION GIVEN that at the heart of this crisis corruption in many forms appears as the manifestation of the anti-values and non-transparent practices on the part of men and women seeking to advance their careers in executive spheres, eg the army, the police, information services, public administration, health, education, the economy, religious denominations, the legal system, family and civil society, and shows itself in despicable behaviour such as lying, malevolence, defamation, fraud, malpractice, misappropriation, influence peddling, nepotism, favouritism, tribalism, regionalism, clientelism, sexual harassment, bribery, the abuse of power, forgery and deceitfulness, etc;
Implementation: No specific mention.
Other: No specific mention.

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