Validation of the Reviews and Amendments on Dukana-Dillo-Maikona Declaration

  • Country/entity
    Ethiopia
    Kenya
  • Region
    Africa (excl MENA)
    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 ( Kenyan Post-Electoral Violence (2007 - 2008) )
  • 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 courts
    Page 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 reparations
    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.
    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/

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