Kenyan National Dialogue and Reconciliation: Annotated Agenda and Timetable
- Country/entityKenya
- RegionAfrica (excl MENA)
- Agreement nameKenyan National Dialogue and Reconciliation: Annotated Agenda and Timetable
- Date1 Feb 2008
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StagePre-negotiation/process
- Conflict natureGovernment
- Peace processKenya peace process
- Parties- Martha Karua, For the Government/PNU Delegation
- Musalia Mudavadi For the ODM Delegation - Third partiesWitnessed by - For the Panel of the Eminent African Personalities: H.E. Kofi A. Annan
- Description-
- Agreement document
Groups
- Children/youthGroups→Children/youth→RhetoricalPage 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions under this Agenda item will be conducted to examine and proposed solutions for long-standing issues such as, inter alia:
...
• Tackling unemployment, particularly among the youth; - Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national group
No specific mention.
- Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced persons
No specific mention.
- Social class
No specific mention.
Gender
- Women, girls and gender
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
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)Governance→Political institutions (new or reformed)→General referencesPage 2, A) ANNOTATED AGENDA, 3. HOW TO OVERCOME THE CURRENT POLITICAL CRISIS:
Under this Agenda item, the Parties will negotiate and agree on a solution towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya,
The current crisis revolves, in large measure, around the issues of power and the functioning of state institutions. Its resolution may require adjustments to the current constitutional, legal and institutional frameworks.
Page 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions under this Agenda item will be conducted to examine and proposed solutions for long-standing issues such as, inter alia:
• Undertaking constitutional, legal and institutional reform
• Tackling poverty and inequity, as well as combating regional development imbalances; - ElectionsPage 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Stopping the wave of violence that has gripped the country since the announcement of the results of the Presidential elections;
Page 2, A) ANNOTATED AGENDA, 3. HOW TO OVERCOME THE CURRENT POLITICAL CRISIS:
Under this Agenda item, the Parties will negotiate and agree on a solution towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya,
The current crisis revolves, in large measure, around the issues of power and the functioning of state institutions. Its resolution may require adjustments to the current constitutional, legal and institutional frameworks. - Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil society
No specific mention.
- Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- ConstitutionGovernance→Constitution→Constitutional reform/makingPage 2, A) ANNOTATED AGENDA, 3. HOW TO OVERCOME THE CURRENT POLITICAL CRISIS:
Under this Agenda item, the Parties will negotiate and agree on a solution towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya,
The current crisis revolves, in large measure, around the issues of power and the functioning of state institutions. Its resolution may require adjustments to the current constitutional, legal and institutional frameworks.
Page 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions under this Agenda item will be conducted to examine and proposed solutions for long-standing issues such as, inter alia:
• Undertaking constitutional, legal and institutional reform
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 generalPage 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Restoring the respect for the sanctity of human life; - Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rightsHuman rights and equality→Civil and political rights→Freedom of associationPage 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Ensuring that the freedom of expression, press freedom and the right to peaceful assembly are upheld;Human rights and equality→Civil and political rights→Thought, opinion, conscience and religionPage 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Ensuring that the freedom of expression, press freedom and the right to peaceful assembly are upheld; - Socio-economic rights
No specific mention.
Rights related issues
- Citizenship
No specific mention.
- Democracy
No specific mention.
- Detention procedures
No specific mention.
- Media and communicationRights related issues→Media and communication→Media rolesPage 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Ensuring that the freedom of expression, press freedom and the right to peaceful assembly are upheld; - Mobility/access
No specific mention.
- Protection measuresRights related issues→Protection measures→Protection of civiliansPage 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Stopping the wave of violence that has gripped the country since the announcement of the results of the Presidential elections;
• Enhancing the security and protection of the population and their property; - Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutions
No specific mention.
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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions under this Agenda item will be conducted to examine and proposed solutions for long-standing issues such as, inter alia:
• Undertaking constitutional, legal and institutional reform
• Tackling poverty and inequity, as well as combating regional development imbalances;
• Tackling unemployment, particularly among the youth;
• Consolidating national cohesion and unity;Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistancePage 1, A) ANNOTATED AGENDA, 2. IMMEDIATE MEASURES TO ADDRESS THE HUMANITARIAN CRISIS, PROMOTE RECONCILIATION, HEALING AND RESTORATION:
Discussions will be conducted to identify and agree on the modalities of implementation of immediate measures aimed at:
• Ensuring that the assistance to the affected communities and individuals is delivered more effectively; - 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/rightsLand, property and environment→Land reform/rights→Land reform and managementPage 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions
...
• Undertaking a Land Reform;
• Addressing transparency, accountability and impunity - 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 GuaranteesPage 1, A) ANNOTATED AGENDA, 1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES:
...
• Stopping the wave of violence that has gripped the country since the announcement of the results of the Presidential elections;
• Enhancing the security and protection of the population and their property;
• Restoring the respect for the sanctity of human life;
Page 2, A) ANNOTATED AGENDA, 3. HOW TO OVERCOME THE CURRENT POLITICAL CRISIS:
Under this Agenda item, the Parties will negotiate and agree on a solution towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya,
The current crisis revolves, in large measure, around the issues of power and the functioning of state institutions. Its resolution may require adjustments to the current constitutional, legal and institutional frameworks. - 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.
- CorruptionPage 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions under this Agenda item will be conducted to examine and proposed solutions for long-standing issues such as, inter alia:
...
• Addressing transparency, accountability and impunity - 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.
- CourtsTransitional justice→Courts→National courtsPage 1, A) ANNOTATED AGENDA, 2. IMMEDIATE MEASURES TO ADDRESS THE HUMANITARIAN CRISIS, PROMOTE RECONCILIATION, HEALING AND RESTORATION:
Discussions will be conducted to identify and agree on the modalities of implementation of immediate measures aimed at:
...
• Ensuring the impartial, effective and expeditious investigation of gross and systematic violations of human rights and that those found guilty are brought to justice; - MechanismPage 1, A) ANNOTATED AGENDA, 2. IMMEDIATE MEASURES TO ADDRESS THE HUMANITARIAN CRISIS, PROMOTE RECONCILIATION, HEALING AND RESTORATION:
Discussions will be conducted to identify and agree on the modalities of implementation of immediate measures aimed at:
...
• Ensuring the impartial, effective and expeditious investigation of gross and systematic violations of human rights and that those found guilty are brought to justice; - Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- ReconciliationPage 2, A) ANNOTATED AGENDA, 2. IMMEDIATE MEASURES TO ADDRESS THE HUMANITARIAN CRISIS, PROMOTE RECONCILIATION, HEALING AND RESTORATION:
Discussions will be conducted to identify and agree on the modalities of implementation of immediate measures aimed at:
...
• Ensuring that the processes of nationai healing, reconciiiation and restoration start at once.
Page 2, A) ANNOTATED AGENDA, 4. LONG-TERM ISSUES AND SOLUTIONS:
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence. Discussions under this Agenda item will be conducted to examine and proposed solutions for long-standing issues such as, inter alia:
...
• Consolidating national cohesion and unity;
Implementation
- UN signatory
No specific mention.
- Other international signatoryWitnessed by - For the Panel of the Eminent African Personalities: H.E. Kofi A. Annan
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- Sourcehttp://www.peacemaker.un.org/
KENYAN NATIONAL DIALOGUE AND RECONCILIATION THROUGH THE MEDIATION OF H.E. KOFI A. ANNAN AND THE PANEL OF
EMINENT AFRICAN PERSONALITIES ON THE RESOLUTION OF THE POLITICAL CRISIS
ANNOTATED AGENDA AND TIMETABLE
At the fourth session held on 1 February 2008 under the chairmanship of Mr. Kofi Annan, of the Panel of Eminent African Personalities, the Parties to the Kenyan National Dialogue and Reconciliation on the resolution of the political crisis and its root causes, namely the Government of Kenya/Party of National Unity and the Orange Democratic Movement, agreed on the following Agenda for the dialogue:
A) ANNOTATED AGENDA
1. IMMEDIATE ACTION TO STOP VIOLENCE AND RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES
Both Parties understand that resolving this crisis politically is a matter of inunediate priority and have reiterated their commitment to finding a just and durable solution.
Discussions on Agenda point l will be conducted to identify and agree on the modalities of implementation of immediate action aimed at:
• Stopping the wave of violence that has gripped the country since the announcement of the results of the Presidential Elections;
• Enhancing the security and protection of the population and their property;
• Restoring the respect for the sanctity of human life;
• Ensuring that the freedom of expression, press freedom and the right to peaceful assembly are upheld;
2. IMMEDIATE MEASURES TO ADDRESS THE HUMANITARIAN CRISIS, PROMOTE RECONCILIATION, HEALING AND RESTORATION
Discussions will be conducted to identify and agree on the modalities of implementation of immediate measures aimed at:
• Ensuring that the assistance to the affected communities and individuals is delivered more effectively;
• Ensuring the impartial, effective and expeditious investigation of gross and systematic violations of human rights and that those found guilty are brought to justice;
• Ensuring that the processes of nationai healing, reconciliation and restoration start at once.
3. HO\V TO OVERCOME THE CURRENT POLITICAL CRISIS
Under this Agenda item, the Parties will negotiate and agree on a solution towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya,
The current crisis revolves, in large measure, around the issues of power and the functioning of state institutions.
Its resolution may require adjustments to the cuITent constitutional, legal and institutional frameworks.
4. LONG-TERM ISSUES AND SOLUTIONS
Poverty, the inequitable distribution of resources and perceptions of historical injustices and exclusion on the part of segments of the Kenyan society constitute the underlying causes of the prevailing social tensions, instability and cycle of violence.
Discussions under this Agenda
item will be conducted to examine and proposed solutions for long-standing issues such as,
inter alia:
• Undertaking constitutional, legal and and institutional reform;
• Tackling poverty and inequity, as well as combating regional development imbalances;
• Tackling unemployment, particularly among the youth;
• Consolidating national cohesion and unity;
• Undertaking a Land Refonn;
• Addressing transparency, accountability and impunity
B) TIMETABLE
The Parties agreed that Agenda items 1, 2 and 3 would be resolved within a period of between 7 and 15 days from the date of commencement of the Dialogue, while Agenda item 4 would be resolved within a period of one year after the commencement of the Dialogue (launched on
28 January 2008).
Done in Nairobi, Kenya, on 1 February 2008
For the Govemrnent/PNU Delegation
For the ODM Delegation
Witnessed by
For the Panel of E1 inent African Personalities
Chairperson