Kenyan National Dialogue and Reconciliation: Public Statement on Agenda Item One

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Kenyan National Dialogue and Reconciliation: Public Statement on Agenda Item One
Date: 1 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: Pre-negotiation/process
Conflict nature: Government
Peace process: Kenya peace process
Parties: - On the behalf of the Government/PNU: Hon. Martha Karua, Hon. Sam Ongeri, Hon. Mutula Kilonzo
- On the behalf of ODM: Hon. Musalia Mudavadi, Hon. William Ruto, Hon. Sally Kosgei, Hon. James Orengo
Third parties: - Mediated by H.E. Kofi Annan and the Panel of Eminent African Personalities
- Witnessed by: For the Panel of the Eminent African Personalities, K.E. Kofi A. Anna, Chairperson
Description: -

Agreement document: KE_080101_Kenyan National Dialogue and Reconciliation Public Statement on Agenda Item One.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 2, Preamble:
...
2. To the Public
...
e) We appeal to all youths throughout the country not to participate in acts of lawlessness particularly those leading to harm or loss of human life and destruction of property.

Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties
e) All workers, both public and private, must be assisted to return safely back to their places of work. Reopen all institutions of learning and assist teachers and children to return in an environment of safety.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Anti-discrimination
Page 1, Preamble:
...
Noting with concern the situation of insecurity in the country; We need to take the following steps to immediately halt the violence:
1. To the Police:
...
b) The security forces must carry out their duties and responsibilities with complete impartiality and without regard to ethnicity, political persuasion, or other partisan consideration.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties
...
f) All internally displaced persons should be protected and assisted to return safely to their homes and places of work and their rights to reside anywhere in the country be upheld.
g) In order to promote food security, displaced farmers should be assisted to return to their farms. All farmers affected by the crisis should encouraged to safely resume their farming activities.
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): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, Preamble:
...
Noting with concern the situation of insecurity in the country; We need to take the following steps to immediately halt the violence:
...
b) Mobilise local community, religious, political, business and civil society leaders to hold joint meetings to promote peace and tranquility and stand up for justice and fairness.
Traditional/religious leaders: Page 2, Preamble:
...
b) Mobilise local community, religious, political, business and civil society leaders to hold joint meetings to promote peace and tranquility and stand up for justice and fairness.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 1, Preamble:
...
Noting with concern the situation of insecurity in the country; We need to take the following steps to immediately halt the violence:
1. To the Police:
a) The police must act in accordance with the Constitution and the law and in particular the Police Act and the Force Standing Orders. While the police are entitled to use reasonable force to protect vulnerable populations and in case of self defence, live bullets must not be used on unarmed civilians in unjustifiable circumstances.
...

Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties
...
b) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated. Leaders and the public attending such meetings must ensure that meetings are peaceful, orderly and conducted in conformity with the law.

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, Preamble:
Goal:
...
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.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Life
Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties
...
d) Enforce law and order to protect life and property, and to ensure that roads and railways are open and safe for people, goods and services. Major transit routes must be secured and safe passage on all internal road networks throughout the country be guaranteed.
Human rights and equality→Civil and political rights→Freedom of association
Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties:
a) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld. A suitable code of conduct on live coverage broadcasts, should be developed promptly by the Media Council in consultation with the Ministry of Information and implemented forthwith. This should include punitive measures against abuse.
b) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated. Leaders and the public attending such meetings must ensure that meetings are peaceful, orderly and conducted in conformity with the law.
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties:
a) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld. A suitable code of conduct on live coverage broadcasts, should be developed promptly by the Media Council in consultation with the Ministry of Information and implemented forthwith. This should include punitive measures against abuse.
Socio-economic rights: Human rights and equality→Socio-economic rights→Property
Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties
...
d) Enforce law and order to protect life and property, and to ensure that roads and railways are open and safe for people, goods and services. Major transit routes must be secured and safe passage on all internal road networks throughout the country be guaranteed.
Human rights and equality→Socio-economic rights→Shelter/housing
Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties
...
f) All internally displaced persons should be protected and assisted to return safely to their homes and places of work and their rights to reside anywhere in the country be upheld.

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 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties:
a) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld. A suitable code of conduct on live coverage broadcasts, should be developed promptly by the Media Council in consultation with the Ministry of Information and implemented forthwith. This should include punitive measures against abuse.

Page 3, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties
...
h) Hate and threatening messages, leaflets, sms, or any other broadcasts of that nature must cease forthwith.
Rights related issues→Media and communication→Other
Page 1, Preamble:
...
Noting with concern the situation of insecurity in the country; We need to take the following steps to immediately halt the violence:
1. To the Police:
...
d) In order to harmonise security activities at all levels, there is a need for the cross flow of information between administrative units and the leadership at every level.
Mobility/access: Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties
...
d) Enforce law and order to protect life and property, and to ensure that roads and railways are open and safe for people, goods and services. Major transit routes must be secured and safe passage on all internal road networks throughout the country be guaranteed.
e) All workers, both public and private, must be assisted to return safely back to their places of work. Reopen all institutions of learning and assist teachers and children to return in an environment of safety.
Protection measures: No specific mention.
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: Justice sector reform→Criminal justice and emergency law→Reform to specific laws
Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties:
a) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld. A suitable code of conduct on live coverage broadcasts, should be developed promptly by the Media Council in consultation with the Ministry of Information and implemented forthwith. This should include punitive measures against abuse.
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: No specific mention.
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: No specific mention.
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, 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 29th January 2008 at County Hall in Nairobi.
...
Noting with concern the situation of insecurity in the country; We need to take the following steps to immediately halt the violence:

Page 2, Preamble:
...
2. To the Public:
...
c) All Kenyan citizens should stop acts of violence.
...

Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties
...
d) Enforce law and order to protect life and property, and to ensure that roads and railways are open and safe for people, goods and services. Major transit routes must be secured and safe passage on all internal road networks throughout the country be guaranteed.
e) All workers, both public and private, must be assisted to return safely back to their places of work. Reopen all institutions of learning and assist teachers and children to return in an environment of safety.
Ceasefire: No specific mention.
Police: Page 1, Preamble:
...
Noting with concern the situation of insecurity in the country; We need to take the following steps to immediately halt the violence:
1. To the Police:
a) The police must act in accordance with the Constitution and the law and in particular the Police Act and the Force Standing Orders. While the police are entitled to use reasonable force to protect vulnerable populations and in case of self defence, live bullets must not be used on unarmed civilians in unjustifiable circumstances.
b) The security forces must carry out their duties and responsibilities with complete impartiality and without regard to ethnicity, political persuasion, or other partisan consideration.
c) The deployment of the security agents must at all times promote and reflect national integration and harmony.
d) In order to harmonise security activities at all levels, there is a need for the cross flow of information between administrative units and the leadership at every level.

Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties
...
c) Impartial, effective and expeditious investigations on all cases of crime and police brutality and/or excessive use of force should be undertaken forthwith.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 2, Preamble:
...
To the Public
...
d) All illegal armed groups and militias should be demobilized and disbanded.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
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: No specific mention.
Mechanism: Page 2, Preamble:
...
3. As to the restoration of fundamental rights and civil liberties
...
c) Impartial, effective and expeditious investigations on all cases of crime and police brutality and/or excessive use of force should be undertaken forthwith.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: Page 2, Preamble:
...
2. To the Public
...
f) We call upon the victims and those affected by violence to exercise restraint and avoid any acts of revenge or retaliation.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, 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 29th 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.

Implementation

UN signatory: No specific mention.
Other international signatory: - Mediated by H.E. Kofi Annan and the Panel of Eminent African Personalities
- Witnessed by: For the Panel of the Eminent African Personalities, K.E. Kofi A. Anna, Chairperson
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/

Public Statement

Kenya National Dialogue and Reconciliation

Mediated by H.E. Kofi Annan and the Panel of Eminent African Personalities

Feb 1, 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 29th 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.

Noting with concern the situation of insecurity in the country;

We need to take the following steps to immediately halt the violence:

1. To the Police:

a) The police must act in accordance with the Constitution and the law and in particular the Police Act and the Force Standing Orders.

While the police are entitled to use reasonable force to protect vulnerable populations and in case of self defence, live bullets must not be used on unarmed civilians in unjustifiable circumstances.

b) The security forces must carry out their duties and responsibilities with complete impartiality and without regard to ethnicity, political persuasion, or other partisan consideration.

c) The deployment of the security agents must at all times promote and reflect national integration and harmony.

d) In order to harmonise security activities at all levels, there is a need for the cross flow of information between administrative units and the leadership at every level.

2. To the Public:

a) All leaders should embrace and preach the peaceful coexistence of all communities and refrain from irresponsible and provocative statements.

b) Mobilise local community, religious, political, business and civil society leaders to hold joint meetings to promote peace and tranquility and stand up for justice and fairness.

c) All Kenyan citizens should stop acts of violence.

d) All illegal armed groups and militias should be demobilized and disbanded.

e) We appeal to all youths throughout the country not to participate in acts of lawlessness particularly those leading to harm or loss of human life and destruction of property.

f) We call upon the victims and those affected by violence to exercise restraint and avoid any acts of revenge or retaliation.

3. As to the restoration of fundamental rights and civil liberties:

a) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld.

A suitable code of conduct on live coverage broadcasts, should be developed promptly by the Media Council in consultation with the Ministry of Information and implemented forthwith.

This should include punitive measures against abuse.

b) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated.

Leaders and the public attending such meetings must ensure that meetings are peaceful, orderly and conducted in conformity with the law.

c) Impartial, effective and expeditious investigations on all cases of crime and police brutality and/or excessive use of force should be undertaken forthwith.

d) Enforce law and order to protect life and property, and to ensure that roads and railways are open and safe for people, goods and services.

Major transit routes must be secured and safe passage on all internal road networks throughout the country be guaranteed.

e) All workers, both public and private, must be assisted to return safely back to their places of work.

Reopen all institutions of learning and assist teachers and children to return in an environment of safety.

f) All internally displaced persons should be protected and assisted to return safely to their homes and places of work and their rights to reside anywhere in the country be upheld.

g) 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.

h) Hate and threatening messages, leaflets, sms, or any other broadcasts of that nature must cease forthwith.

i) All criminal activities, particularly those of a violent nature, should be prosecuted forthwith.

Signed on this day, February 1, 2008

On behalf of Government/PNU:

On behalf of ODM:

__________________ ___________________

Hon. Martha Karua Hon.

Musalia Mudavadi

__________________ ___________________

Hon. Sam Ongeri Hon.

William Ruto

_________________ ___________________

Hon. Mutula Kilonzo Hon.

Sally Kosgei

___________________

Hon. James Orengo

Witnessed by:

For the Panel of Eminent African Personalities

__________________

H.E. Kofi A. Annan

Chairperson