Sotik and Borabu Social Contract

  • Country/entity
    Kenya
  • Region
    Africa (excl MENA)
  • Agreement name
    Sotik and Borabu Social Contract
  • Date
    21 Nov 2008
  • 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
    Representatives of Kisii and Kipsigis communities
  • Third parties
    Agency for Co-operation and Research in Development (ACORD)
    The Cereal Growers Association (CGA)
  • Description
    Agreement between community leaders with a view to ending cattle rustling and associated inter-community violence. The document deals with the issue of cattle rustling by also containing provisions against tribalism and negative politics.


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 1, Untitled Preamble
    ...
    We, the communities, rose against each and committed atrocities such as: burning houses, carrying out killings, looting, raping girls and women, and tribal hatred has since deepened.

    Page 3, Conclusion
    To oversee the implementation of our social contract, a Social Watch Committee of 6 representatives from each area has been established: 2 men, 2 women and 2 young people
  • 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
    Page 2, Historical Land Issues
    ...
    2) We also recognize the sensitivity of land issues linked to inheritance at the family level. We call upon elders together with their sons and daughters to seek for suitable solutions through dialogue.
  • 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
    Rights related issues→Citizenship→Citizen, general
    Page 2, Tribalism
    ...
    3) Instill in our children patriotic values and respect of people from other tribes


    ...

    Page 2: Negative Politics
    As far as Negative politics is concerned, we shall:
    1) Invite Electoral Commission of Kenya (ECK) and other facilitators to conduct civic education in
    our communities.
  • 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
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 3: Poverty /unemployment/idleness
    ...
    1) We shall establish youth associations that shall liaise with the Ministry of Youth affairs and engage in constructive initiatives such as income generating activities along our border. We believe that access to economic opportunities shall help our youth disengage from unhealthy involvements.
  • 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: Historical land issues
    ...
    1) We shall therefore respect existing boundaries and persons’’ property within those boundaries.
  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage
    Land, property and environment→Cultural heritage→Tangible
    Page 2, Negative Politics
    ...
    2) Mobilize our community members to engage the youth in social activities such as sports(football),games and eventually economic activities.
  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


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 2: Rampant cattle rustling
    As far as cattle rustling are concerned, we shall
    1) Cooperate and collaborate in tracking and recovering stolen animals through joint patrol committee and community policing.
    2) Liaise with the Anti Stock Theft Unit (ASTU) and the provincial administration in case of suspected
    cattle theft instead of taking the law in our own hands.
    3) Report any suspected cattle theft to the ASTU through the Assistant Chief or Chief.
    4) Ensure security and protection to those who reportsuspect cattle robbers.

    ...

    Page 2:Poverty /unemployment/idleness
    We recognize that significant number of our youth have no income, no job and no farming land. They are easily drawn into self-destructive behaviours such as alcohol and drug consumption, criminal activities such as cattle rustling, robbery, rape, etc.
  • 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
    The Agency for Co-operation and Research in Development (ACORD)
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 3: Conclusion
    To oversee the implementation of our social contract, a Social Watch Committee of 6 representatives from each area has been established: 2 men, 2 women and 2 young people.

    The committee shall carry out the following tasks:
    • Hold monthly meeting to assess the situation
    • Liaise with Provincial administration on matters threatening community peace
    • Monitor the implementation of the signed social contract
    • Disseminate the signed social contract among neighboring communities
    • Participate in community con ict resolution
    • Chair community peace building and consolidation sessions
    • Submit quarterly reports to ACORD and CGA.
  • Related cases

    No specific mention.

  • Source
    Agency for Co-operation and Research in Development, UN Development Programme, (2011), Community Peace Recovery and Reconciliation Handbook: A Handbook for Generating Leadership for Sustainable Peace and Recovery Among Divided Communities, pp.62,https://reliefweb.int/sites/reliefweb.int/files/resources/A39530FC51E66EC18525785B0071E5B7-Full_report.pdf

Social contract between Kisii and Kipsigis communities living along the border of Sotik and Borabu Districts, Kenya

Introduction

The Sotik and Borabu border has been characterized by sporadic skirmishes between our two communities, Kisii and Kipsigis due to cattle rustling incidents perpetrated by a cartel of criminals.

Though frequent, these incidents were well managed by both communities helped by the Anti Stock Theft Unit stationed in different locations.

However during the post election violence, the insecurity problem along the border got worse.

We, the communities, rose against each and committed atrocities such as:

burning houses, carrying out killings, looting, raping girls and women, and tribal hatred has since deepened.

Through peace meetings facilitated by the Agency for Co-operation and Research in Development (ACORD) and the Cereal Growers Association (CGA), we have had an opportunity to dialogue and reflect on issues affecting our two communities.

We have singled out the following as the main contributing factors to conflict between our two communities:

Main Contributing Factors

• Rampant cattle rustling

• Tribalism

• Negative politics/propaganda/misinformation

• Historical land issues

• Poverty/Unemployment/idleness/drug abuse/alcohol consumption

Resolutions

We the Kisii and Kipsigis communitiesliving along the Sotik and Borabu districts border having suffered negative effects of con icts between us;

we hereby commit to peaceful settlement of disputes without resorting to violence and have furthermore agreed on the following practical solutionsto our problems 62 that shall contribute to and ensure our peaceful coexistence.

We have therefore resolved to:

Rampant cattle rustling

As far as cattle rustling are concerned, we shall

1) Cooperate and collaborate in tracking and recovering stolen animals through joint patrol

committee and community policing.

2) Liaise with the Anti Stock Theft Unit (ASTU) and the provincial administration in case of suspected

cattle theft instead of taking the law in our own hands.

3) Report any suspected cattle theft to the ASTU through the Assistant Chief or Chief.

4) Ensure security and protection to those who reportsuspect cattle robbers.

Tribalism

As far as Tribalism is concerned we shall:

1) Exercise tolerance towards each other.

2) Encourage free interactions between our two communities through different social and economic

activities

3) Instill in our children patriotic values and respect of people from other tribes

Negative Politics

As far as Negative politicsis concerned, we shall:

1) Invite Electoral Commission of Kenya (ECK) and other facilitators to conduct civic education in

our communities.

2) Mobilize our community members to engage the youth in social activitiessuch as sports(football),

games and eventually economic activities.

3) Desist from divisive politics and propaganda.

4) Verify authenticity and seek confirmation of information received from relevant bodies before

acting on it.

5) Learn and exercise anger management skills.

Historical land issues

We recognize that the above issues are complex, constitute a national problem and the core matter of the Agenda 4 (long term issues and solutions) of the National Dialogue and Reconciliation on the resolution of the political crisis and its root causes.

1) We shall therefore respect existing boundaries and persons’’ property within those boundaries.

2) We also recognize the sensitivity of land issues linked to inheritance at the family level.

We call upon elders together with their sons and daughters to seek for suitable solutions through dialogue.

Poverty /unemployment/idleness

We recognize that signi cant number of our youth have no income, no job and no farming land.

They are easily drawn into self-destructive behaviours such as alcohol and drug consumption, criminal activities such as cattle rustling, robbery, rape, etc.

Poverty /unemployment/idlenes

1) We shall establish youth associations that shall liaise with the Ministry of Youth affairs and engage in constructive initiatives such as income generating activities along our border.

We believe that access to economic opportunitiesshall help our youth disengage from unhealthy involvements.

CONCLUSION

To oversee the implementation of our social contract, a Social Watch Committee of 6 representatives from each area has been established:

2 men, 2 women and 2 young people.

The committee shall carry out the following tasks:

• Hold monthly meeting to assess the situation

• Liaise with Provincial administration on matters threatening community peace

• Monitor the implementation of the signed social contract

• Disseminate the signed social contract among neighboring communities

• Participate in community con ict resolution

• Chair community peace building and consolidation sessions

• Submit quarterly reports to ACORD and CGA.

On behalf of the people from Kamukunji/Gelegele, Riontony/Tembwo and Memisi/Cheplelwa, two community leaders shall sign the social contract witnessed by representatives from the social watch committee.

COMMUNITY LEADERS:

MEMISI/CHEPLELWAL

NAMES LOCATION SIGNATURE

1) [Name]

2) [Name]

SOCIA L WA TCH COMMITTEE MEMBERS

Name location Signature

1) [Name]

2) [Name]

3) [Name]

4) [Name]

5) [Name]

6) [Name]

Signed on 21st November 2008, Borderline Academy, Sotik and Borabu Districts Border, Kenya.