Dukana-Dillo-Maikona Declaration

  • Country/entity
    Ethiopia
    Kenya
  • Region
    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name
    Dukana-Dillo-Maikona Declaration
  • Date
    19 Jul 2009
  • 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
    No signature but agreement is between Borana of Kenya and the Gabra people.
  • Third parties
    -
  • Description
    Agreement between Borana and Gabra relating to access to resources. Also contains agreed penalties that will be incurred for theft of livestock.


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

    No specific mention.

  • 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 1, Untitled Preamble
    ...
    “We propose an elder’s committee. We need a period that will be facilitated by this committee working on peace between these communities until things take off and we have engagement and interaction.”

    ...

    Page 1, Untitled Preamble
    ...
    “We don’t have to run to the government to sort out our issues. We can use our own systems. We can sort out our daily life issues through our own traditional system.”
  • 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
    Page 1, Untitled Preamble
    ...
    “We have decided that from this meeting on, you Gabra have the right to use all our resources equally. [We will make] an inter-clan committee of Borana and Gabra that will oversee the rules of access to resources.”
  • 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
    Page 1, Untitled Preamble
    ...
    “We propose an elder’s committee. We need a period that will be facilitated by this committee working on peace between these communities until things take off and we have engagement and interaction.”

    Page 1, Untitled Preamble
    ...
    “Animals from both communities have strayed. We should return these to their owners.”

    Page 1, Untitled Preamble
    ...
    “We should be people together, giving each other information – where lost animals are etc – all information”
  • 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

    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, The gathering also agreed to adopt the Dillo and Dukana declaration [November 2008] which decrees that:
    1. If a person is caught with a stolen animal, the fine is four animals per one animal stolen and the culprit has to pay the expense incurred for tracking that animal.
    2. If anyone injures another person with intent the penalty is 15 cows.
    3. If anyone kills a person, the penalty is 30 cows.
    4. If someone is putting out lies and propaganda, inciting people to fight, this is very serious. It is worse than fighting itself. He is fined expenses and five cows.
    5. For the man who conceals a culprit or information, both the concealer and the concealed are fined the same. E.g. a man who hides another man who has killed; both are fined 30 cows.
    In all these cases the culprit also goes to court.
  • 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
    Transitional justice→Reparations→Material reparations
    Page 1,
    1. If a person is caught with a stolen animal, the fine is four animals per one animal stolen and the culprit has to pay the expense incurred for tracking that animal.
    2. If anyone injures another person with intent the penalty is 15 cows.
    3. If anyone kills a person, the penalty is 30 cows.
    4. If someone is putting out lies and propaganda, inciting people to fight, this is very serious. It is worse than fighting itself. He is fined expenses and five cows.
    5. For the man who conceals a culprit or information, both the concealer and the concealed are fined the same. E.g. a man who hides another man who has killed; both are fined 30 cows.
    In all these cases the culprit also goes to court.
  • 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
    Pastoralist Communication Initiative, (2009) http://www.pastoralists.org/borana-and-gabrapastoralists-agree-to-peace/

Dukana-Dillo-Maikona Declaration

Maikona, 19th July 2009

The communities at the Maikona meeting made the following declarations:

“The Borana of Kenya announce that it is peace for us without any conditions.

We have accepted peace.

The Gabra people accept peace too.”

“We have decided that from this meeting on, you Gabra have the right to use all our resources equally. [

We will make] an inter-clan committee of Borana and Gabra that will oversee the rules of access to resources.”

“We propose an elder’s committee.

We need a period that will be facilitated by this committee working on peace between these communities until things take off and we have engagement and interaction.”

“Animals from both communities have strayed.

We should return these to their owners.”

“We should be people together, giving each other information – where lost animals are etc – all information”

“We hope to have another meeting in Walda in a week’s time that includes people of Moyale and Sololo so that issues we have discussed here can be handed over to the people there and implemented.”

“The issues of [district] boundaries is the preserve of the government.

It is not for us to deal with.”

“We don’t have to run to the government to sort out our issues.

We can use our own systems.

We can sort out our daily life issues through our own traditional system.”

“After this meeting we should have a lot of other small events, small activities to talk to the people and mobilise them for peace.”

The gathering also agreed to adopt the Dillo and Dukana declaration [November 2008] which decrees that:

1. If a person is caught with a stolen animal, the fine is four animals per one animal stolen and the culprit has to pay the expense incurred for tracking that animal.

2. If anyone injures another person with intent the penalty is 15 cows.

3. If anyone kills a person, the penalty is 30 cows.

4. If someone is putting out lies and propaganda, inciting people to fight, this is very serious.

It is worse than fighting itself.

He is fined expenses and five cows.

5. For the man who conceals a culprit or information, both the concealer and the concealed are fined the same.

E.g. a man who hides another man who has killed;

both are fined 30 cows.

In all these cases the culprit also goes to court.