Validation of the Reviews and Amendments on Dukana-Dillo-Maikona Declaration
- Country/entity
-
Ethiopia
Kenya - Region
-
Africa (excl MENA)
- Agreement name
- Validation of the Reviews and Amendments on Dukana-Dillo-Maikona Declaration
- Date
- 31 Aug 2017
- Agreement status
- Multiparty signed/agreed
- Interim arrangement
- Yes
- Agreement/conflict level
- Intrastate/local conflict
- Stage
- Implementation/renegotiation
- Conflict nature
- Inter-group
- Peace process
- Kenya Local Agreements
- Parties
- Signed by Dambala Bonaya, Tura Roba, Dambala Sharamo, Charto Boru and Mamo Supo from the Gabra community and Aba Gada Kura Jarso, Boru Dima, Jaro Tukele, Alaje Gurme, and Galgalo Jarso from the Borana community.
- Third parties
-
Witnessed by:
Solomon Gubo Rine, Deputy Governor Marsabit County
Job Kemei, Deputy County Commissioner, Noal Horr
Dida Jaldesa, Chielf of Zone 1 Cabinet and Head of Admin Office
Doyo Borte, Dillo Woreda Administrator - Description
- This agreements is cross-border and addresses 'prolonged communal conflict' between the Boranas of Ethiopia and the Gabras of Kenya. It works to update, validate and extend an earlier Dukana-Dillo-Maikona Declaration, and provides for new inter-communal pledges for peace and provision for how theft of cattle is to be dealt with.
Groups
- Children/youth
No specific mention.
- 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
- Page 2, 2, Validation of the Declaration Reviews and Amendments
...
9. The penalty for rape case for virgin girl was amended from 10 to 15 cows. For married women remain at 5 cows. The culprit is then handed over to the Government to face prosecution. - 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
No specific mention.
- Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- Constitution
No specific mention.
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
No specific mention.
- Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rights
No specific mention.
- 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
No specific mention.
- Mobility/access
No specific mention.
- 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
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
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
- Page 1, 2, Validation of the Declaration Reviews and Amendments:
On this 30th day of August 2017, The Gabra and Borana Communities herein represented by their traditional leaders pledge to live peacefully with one another and share the natural resources such as water and pasture.
Security sector
- Security Guarantees
No specific mention.
- 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
No specific mention.
- Crime/organised crime
- Page 1, 2, Validation of the Declaration Reviews and Amendments
...
1.That anyone found guilty of stealing animal/s, the penalty or punishment for perpetrator will remain the same as stipulated in the declaration – paying 5 cows for each animal stolen. The culprit also should pay the expenses incurred for tracking that animal and finally handed over to the government to face the law.
2. The penalty for anyone who causes injuries to another in attempt to kill, shall pay fine of 15 cows and will again be handed over to the government for prosecution.
3. That the penalty for the deliberate killing has been amended from fine of 30 cows to 50 cows (25 bulls and 25 cows). Furthermore, the perpetrator should be arraigned in court and prosecuted for murder.
4. That the age of the cows meant for fine should be least 3 years with a minimum price of Birr 3000 per cow, or its equivalent in Kenyan Shillings.
6. It was unanimously agreed that the culprits should take full responsibility of paying the fines or penalties all by him/herself and his clan as earlier stipulated.
7. The fine should be paid by the culprit with immediate effect following any incident
8. The compensatory cows will be collected by the local peace committee
9. The penalty for rape case for virgin girl was amended from 10 to 15 cows. For married women remain at 5 cows. The culprit is then handed over to the Government to face prosecution.
10. The elders should take responsibility to appear before court to witness against the culprit in case of prosecution.
11. A person spreading rumors, propaganda and inciting people to fight will be fined 5 cows as stipulated in the declaration
12. The penalty for concealing a culprit or hide vital information on a perpetrator will be fined same as culprit, depending on the crime committed. - 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 courtsPage 1, 2, Validation of the Declaration Reviews and Amendments
...
2.The penalty for anyone who causes injuries to another in attempt to kill, shall pay fine of 15 cows and will again be handed over to the government for prosecution.
3.That the penalty for the deliberate killing has been amended from fine of 30 cows to 50 cows (25 bulls and 25 cows). Furthermore, the perpetrator should be arraigned in court and prosecuted for murder.
Page 2, 2, Validation of the Declaration Reviews and Amendments
...
9. The penalty for rape case for virgin girl was amended from 10 to 15 cows. For married women remain at 5 cows. The culprit is then handed over to the Government to face prosecution.
10. The elders should take responsibility to appear before court to witness against the culprit in case of prosecution. - Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
- Transitional justice→Reparations→Material reparationsPage 1, 2, Validation of the Declaration Reviews and Amendments
...
1.That anyone found guilty of stealing animal/s, the penalty or punishment for perpetrator will remain the same as stipulated in the declaration – paying 5 cows for each animal stolen. The culprit also should pay the expenses incurred for tracking that animal and finally handed over to the government to face the law.
2.The penalty for anyone who causes injuries to another in attempt to kill, shall pay fine of 15 cows and will again be handed over to the government for prosecution.
3.That the penalty for the deliberate killing has been amended from fine of 30 cows to 50 cows (25 bulls and 25 cows). Furthermore, the perpetrator should be arraigned in court and prosecuted for murder.
4. That the age of the cows meant for fine should be least 3 years with a minimum price of Birr 3000 per cow, or its equivalent in Kenyan Shillings.
5. For proven accidental killing, the penalty remain the same as in the declaration which is 3 cows (15 bulls and 15 cows)
6. It was unanimously agreed that the culprits should take full responsibility of paying the fines or penalties all by him/herself and his clan as earlier stipulated.
7. The fine should be paid by the culprit with immediate effect following any incident
8. The compensatory cows will be collected by the local peace committee
9. The penalty for rape case for virgin girl was amended from 10 to 15 cows. For married women remain at 5 cows. The culprit is then handed over to the Government to face prosecution.
10. The elders should take responsibility to appear before court to witness against the culprit in case of prosecution.
11. A person spreading rumors, propaganda and inciting people to fight will be fined 5 cows as stipulated in the declaration
12. The penalty for concealing a culprit or hide vital information on a perpetrator will be fined same as culprit, depending on the crime committed. - Reconciliation
No specific mention.
Implementation
- UN signatory
No specific mention.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- Source
- Strategies for Northern Development
https://www.facebook.com/sndkenya/posts/amended-dukana-dillo-maikona-declarationhttpwwwnationcokecountiesmarsabittrade-t/915887485227128/
Source agreement
VALIDATION OF THE REVIEWS AND AMENDMENT ON DUKANA-DILLO-MAIKONA DECLARATION MEETING HELD AT KOKET-BORANA HOTEL MOYALE- ETHIOPA ON AUGUST 30-31, 2017
I. Introduction and Background:
Dukana-Dillo-Maikona peace declaration was first support by the Kenya National Steering Committee (NSC) in 20009.
The declaration was a cross border solutions to the prolonged community conflict between Boranas of Ethiopia and Gabras of Kenya.
As a result of this declaration, the conflict was mitigated to a great extend enabling the two communities live together, share grazing and watering resources , opened cross border trade and enabled education and health services sharing especially on the Kenyan side.
However, with the introduction of a USAID funded program dabbed PEACE III, in partnership with Strategies for Northern Development (SND) and Inter African Group (AIG), the two communities identified the need to revise the declaration and its amendment due to the prevailing circumstances identified as inconsistencies, ambiguity and double punishment inflicted on suspect.
The parties, in one of PEACE III activities suggested the need to review some key clauses such as age specification of cattle that is used for blood compensation.
On May 31, 2017 at Koet-Borana Hotel Moyale- Ethiopia, PEACE III and its partners facilitated a community meeting that reviewed and mended the Dukana-Dillo-Maikona Declaration.
This meeting gave forth the reviews and amendments on the Dukana-Dillo-Maikona declaration peace process which PEACE III helped document and is here presented for validation.
II. Validation of the Declaration Reviews and Amendments:
On this 30th day of August 2017, The Gabra and Borana Communities herein represented by their traditional leaders pledge to live peacefully with one another and share the natural resources such as water and pasture.
Peace will be maintained through regular meetings between representatives of both communities at alternating locations.
Peaceful coexistence will be safeguarded through the implementation of the peace declaration.
We the undersigned traditional leaders of Gabra and Borana confirm that we have unanimously accepted the following amendments as made on the Dukana-Dillo-Maikona peace declaration on May 31, 201 in Moyale:
That anyone found guilty of stealing animal/s, the penalty or punishment for perpetrator will remain the same as stipulated in the declaration – paying 5 cows for each animal stolen.
The culprit also should pay the expenses incurred for tracking that animal and finally handed over to the government to face the law.
The penalty for anyone who causes injured to another in attempt to kill, shall pay fine of 15 cows and will again be handed over to the government for prosecution.
That the penalty for the deliberate killing has been amended from fine of 30 cows to 50 cows (25 bulls and 25 cows).
Furthermore, the perpetrator should be arraigned in court and prosecuted for murder.
That the age of the cows meant for fine should be least 3 years with a minimum price of Birr 3000 per cow, or its equivalent in Kenyan Shillings.
For proven accidental killing, the penalty remain the same as in the declaration which is 3 cows (15 bulls and 15 cows)
It was unanimously agreed that the culprits should take full responsibility of paying the fines or penalties all by him/herself and his clan as earlier stipulated.
The fine should be paid by the culprit with immediate effect following any incident
The compensatory cows will be collected by the local peace committee
The penalty for rape case for virgin girl was amended from 10 to 15 cows.
For married women remain at 5 cows.
The culprit is then handed over to the Government to face prosecution.
The elders should take responsibility to appear before court to witness against the culprit in case of prosecution.
A person spreading rumors, propaganda and inciting people to fight will be fined 5 cows as stipulated in the declaration
The penalty for concealing a culprit or hide vital information on a perpetrator will be fined same as culprit, depending on the crime committed.
Gabra Traditional Leaders:
Borana Traditional Leaders
Name:
[Illegible] Name:
[Illegible]
Sign:
[Signature] Sign:
[Signature]
Name:
TURA Roka Name:
[Illegible]
Sign:
[Signature] Sign:
[Signature]
Name;
Damballa Bonaya Name:
[Illegible]
Sign:
[Signature] Sign:
[Signature]
Name:
Damballa [Illegible] Name:
Jaro Tukale