Al-Fatah Peace Declaration

  • Country/entity
    Kenya
  • Region
    Africa (excl MENA)
  • Agreement name
    Al-Fatah Peace Declaration
  • Date
    29 Sep 1993
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/local conflict ( Kenyan Post-Electoral Violence (2007 - 2008) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Inter-group
  • Peace process
    Kenya Local Agreements
  • Parties
    Find appended a list of signatories to the declaration.
    CC.
    District Commissioner,
    Wajir
    Provincial Commissioner,
    North Eastern Province,
    Garissa
    Permanent Secretary in the Office of the
    President -In charge of Internal Security
    United Nations -UNICEF & WFP
    GTZ
    All NGOs
    All MPs -Northern Kenya Parliamentary Group
    The Mass Media
  • Third parties
    -
  • Description
    Agreement between major clans in the Wajir district to bring inter-clan fighting, and banditry to an end.


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
    Groups→Refugees/displaced persons→Rhetorical
    Page 1, 6
    That all those persons or families who have deserted their homes or grazing areas or watering places, should go back immediately to their areas and enjoy peace.
  • Social class

    No specific mention.


Gender

  • Women, girls and gender
    Page 1, Untitled Preamble
    (a) Taking stock of the increasing intensity of inter-clan fighting between the major clans in Wajir district and especially between Degodia and the Ajuran clans which have continued to claim lives of tens of people, many of them children, women and innocent;

    Page 1, 7
    That from the date of this ceasefire, the traditional law pertaining to blood leud will apply to those who commit murder namely the payment of hundred camels for a man and filtv camels for a women. In the case of stock theft, the rule of collective punishment involving whole groups of people will be applied.
  • 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, 14
    That Wajir people will make a public demonstration on September, 1993 condemning the inter-clan conflict and the case murder of the late Jeff Buttler and to manifest there to have all humanitarian agencies back in the district.
  • 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

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 1, 1
    That the inter clan fighting and stock theft be stopped immediately and a cease fire be effected from the 29th day of September, 1993.
  • Police
    Page 2, 10
    That the Provincial Administration being the executive arm of the government, should instill discipline and sense of duty in the Security personnel as well as Chiefs and District Officers, so that officers working in areas where banditry menace will appear to increase instead of decrease after the implementation of this peace programme will be responsible.
  • 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, Untitled Preamble
    ...
    (b) Considering one increasing insecurity in the district in which violent robberies, looting of property and highway robberies affecting them major roads connecting Wajir and Nairobi have continued to take place with alarming frequencies;
    (c) Dismayed with the recent callous murder of the late Jeff Buttler and the serious injury of Bob McCarthy both working with UNICEF and the subsequent suspension of NGO activities in the district;

    ...

    Page 1, 2
    That during this cease fire, livestock stolen from Ogaden clans by Degodia and vice versa be mutually returned within seven days effective from 1st October, 1993.

    ...

    Page 1,7
    That from the date of this ceasefire, the traditional law pertaining to blood leud will apply to those who commit murder namely the payment of hundred camels for a man and fiftv camels for a women. In the case of stock theft, the rule of collective punishment involving whole groups of people will be applied.
  • 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

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory
    Page 2, 11
    That all NGO's namely, World Vision International, African Inland Church, Care International, Oxfam, African Muslim Agency, the United Nations especially Unicefand WFP, and Bilateral Agencies specifically GTZ be requested to come back and resume their operations in the district. The people of Wajir and the local administration will ensure that adequate security arrangements are made for the same personnel and their operations.
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 1, 4.
    That Wajir people without distinction will work as a united people to eliminate the banditry menace in the district. To realize this, the government is urged to work closely with the various panels of peace committees from the district headquarters to the sub-location level, who will monitor the implementation of this peace agreement and advice the authorities on the best method of eliminating the banditry menace.

    ...

    Page 2, 12
    That the government considers the formation of a specific force to be deployed specifically for the purpose of fighting the banditry menace. It is recommended that task force comprise mainly local officers from administration and police force.

    ...

    Page 2, 13
    That henceforth the government should take firm action against those who are found to incite people to violent fan clan clashes.
  • Related cases

    No specific mention.

  • Source
    On file with author. Also available at: ETH Zuerich Center for Security Studies (n.d.) Wajir Al Fatah Declaration 29 Sept 1993, https://css.ethz.ch/content/dam/ethz/special-interest/gess/cis/center-for-securities-studies/pdfs/Wajir%20Al%20Fatah%20Declaration%2029%20Sept%201993.pdf (Accessed 31 January 2020).

Page 1:

APPENDIX A:

A1 Fatah Peace Declaration 29/9/93

(a) Taking stock of the increasing intensity of inter-clan fighting between the major clans in Wajir district and especially between Degodia and the Ajuran clans which have continued to claim lives of tens of people, many of them children, women and innocent;

(b) Considering one increasing insecurity in the district in which violent robberies, looting of property and highway robberies affecting them major roads connecting Wajir and Nairobi have continued to take place with alarming frequencies;

(c) Dismayed with the recent callous murder of the late Jeff Buttler and the serious injury of Bob McCarthy both working with UNICEF and the subsequent suspension of NGO activities in the district;

(d) Apprehensive of the imminent danger posed for the entire district the banditry menace and the clan clashes.

Leaders from the major clans namely twenty-five elected and opinion leaders each from Degodia, Ajuran and Ogaden clans respectively as well as five leaders from Gurreh and Murulle clans met to deliberate on the causes of the continuing internecine strife with a view to bringing the problem to an end.

The joint leaders peace meeting taking place of Al Fatah Madrassa in Wajir township between 27th and 27th September, 1993 makes the following resolutions:

1. That the inter clan fighting and stock theft be stopped immediately and a cease fire be effected from the 29th day of September, 1993.

2. That during this cease fire, livestock stolen from Ogaden clans by Degodia and vice versa be mutually returned within seven days effective from 1st October, 1993.

3. That in order to clear the main Wajir-Nairobi road of gangestry, three sets of committees be formed with specific responsibilities of clearing specified areas namely:

(a) Habaswein-Lag-bogol

(b) Lagbogol-Leheley, and

(c) Leheley-Wajir sections of the road of the highway gangsters.

The peace committees working in these various zones will involve elders, leaders and security personnel comprising local officers drawn from the administration police in Wajir district.

4. That Wajir people without distinction will work as a united people to eliminate the banditry menace in the district.

To realize this, the government is urged to work closely with the various panels of peace committees from the district headquarters to the sub-location level, who will monitor the implementation of this peace agreement and advice the authorities on the best method of eliminating the banditry menace.

5. That all minority clans in the district should join hands with the major clans in this peace campaign,

6. That all those persons or families who have deserted their homes or grazing areas or watering places, should go back immediately to their areas and enjoy peace.

7. That from the date of this ceasefire, the traditional law pertaining to blood leud will apply to those who commit murder namely the payment of hundred camels for a man and fiftv camels for a women.

In the case of stock theft, the rule of collective punishment involving whole groups of

people will be applied.

Page 2:

8. That a standing committee comprising eight people from each of the major clans as well as two from the smaller clans will be formed at the district level to work with the District Security) Committee for the purpose of restoring peace in the district.

9. That all clans must begin to persuade armed elements among them to submit or surrender their arms to the government.

10. That the Provincial Administration being the executive arm of the government, should instill discipline and sense of duty in the Security personnel as well as Chiefs and District Officers, so that officers working in areas where banditry menace will appear to increase instead of decrease after the implementation of this peace programme will be responsible.

11. That all NGO's namely, World Vision International, African Inland Church, Care International, Oxfam, African Muslim Agency, the United Nations especially Unicefand WFP, and Bilateral Agencies specifically GTZ be requested to come back and resume their operations in the district.

The people of Wajir and the local administration will ensure that adequate security arrangements are made for the same personnel and their operations.

12. That the government considers the formation of a specific force to be deployed specifically for the purpose of fighting the banditry menace.

It is recommended that task force comprise mainly local officers from administration and police force.

13. That henceforth the government should take firm action against those who are found to incite people to violent fan clan clashes.

14. That Wajir people will make a public demonstration on September, 1993 condemning the inter-clan conflict and the case murder of the late Jeff Buttler and to manifest there to have all humanitarian agencies back in the district.

Find appended list of signatories to the declaration.

CC.

District Commissioner,

Wajir

Provincial Commissioner,

North Eastern Province,

Garissa

Permanent Secretary in the Office of the

President -Incharge of Internal Security

United Nations -UNICEF & WFP

GTZ

All NGOs

All MPs -Northern Kenya Parliamentary Group

The Mass Media