Kenyan National Dialogue and Reconciliation: Annotated Agenda and Timetable

  • Country/entity
    Kenya
  • Region
    Africa (excl MENA)
  • Agreement name
    Kenyan National Dialogue and Reconciliation: Annotated Agenda and Timetable
  • Date
    1 Feb 2008
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Kenyan Post-Electoral Violence (2007 - 2008) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Government
  • Peace process
    Kenya peace process
  • Parties
    - Martha Karua, For the Government/PNU Delegation
    - Musalia Mudavadi For the ODM Delegation
  • Third parties
    Witnessed by - For the Panel of the Eminent African Personalities: H.E. Kofi A. Annan
  • Description
    -


Groups

  • Children/youth
    Groups→Children/youth→Rhetorical
    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:
    ...
    • 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 references
    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.

    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;
  • Elections
    Page 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.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    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.

    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 general
    Page 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 rights
    Human rights and equality→Civil and political rights→Freedom of association
    Page 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 religion
    Page 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 communication
    Rights related issues→Media and communication→Media roles
    Page 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 measures
    Rights related issues→Protection measures→Protection of civilians
    Page 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 reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    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;
    • Tackling unemployment, particularly among the youth;
    • Consolidating national cohesion and unity;
    Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
    Page 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/rights
    Land, property and environment→Land reform/rights→Land reform and management
    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
    ...
    • 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 Guarantees
    Page 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.

  • Corruption
    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:
    ...
    • 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.

  • Courts
    Transitional justice→Courts→National courts
    Page 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;
  • Mechanism
    Page 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.

  • Reconciliation
    Page 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 signatory
    Witnessed 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.

  • Source
    http://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