Sotik and Borabu Social Contract
- Country/entityKenya
- RegionAfrica (excl MENA)
- Agreement nameSotik and Borabu Social Contract
- Date21 Nov 2008
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/local conflict ()
- StageFramework/substantive - partial
- Conflict natureInter-group
- Peace processKenya Local Agreements
- PartiesRepresentatives of Kisii and Kipsigis communities
- Third partiesAgency for Co-operation and Research in Development (ACORD)
The Cereal Growers Association (CGA) - DescriptionAgreement 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.
- Agreement document
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 genderPage 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 leadersPage 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
- CitizenshipRights related issues→Citizenship→Citizen, generalPage 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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 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/rightsLand, property and environment→Land reform/rights→Land reform and managementPage 2: Historical land issues
...
1) We shall therefore respect existing boundaries and persons’ property within those boundaries. - Pastoralist/nomadism rights
No specific mention.
- Cultural heritageLand, property and environment→Cultural heritage→TangiblePage 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 crimePage 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 signatoryThe Agency for Co-operation and Research in Development (ACORD)
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanismPage 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.
- SourceAgency 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.