Modogashe Declaration (III)

  • Country/entity
    Kenya
  • Region
    Africa (excl MENA)
  • Agreement name
    Modogashe Declaration (III)
  • Date
    8 Apr 2011
  • 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
    On behalf of Mandera County:vHussein Mohamed ADAN, Abdi Wili ABDULLAHI, Abdille Sheikh BILLOW
    On behalf of Wajir County: Ali Abdi OGLE, Abdisalan Ibrahim ALI, Bishar Ali OLOW,
    On behalf of Garissa County: Dagane Karur OMAR, Hassan Abdi HURE, Hussein Noor Abdi
    On behalf of Tana River County: Kahonzi Esther JARHA, Ijema Godana HASSAN, Aden Ibrahim ARALE
    On behalf of Marsabit County: Guyo Karayu DIKA, Hassan Lolterka LENAROKI, Boru Arero BORU,
    On behalf of Sabburu County: Jason LESHOOMO, Peter P. LEKISAT, Benedicto L. LOLOSOLI
    On behalf of Meru County: Linos Kathera M. ERIMBA, Mitabathi M.KIRIMANA KIRIMANA
    On behalf of Nairobi County: Lucy Nyambura NDIRANGU, John Charles ODHIAMBO
  • Third parties
    On behalf of North Eastern Province: Mr. James Ole Serian, EBS
    On behalf of Coast Province: Mr. Ernest G. Munyi, EBS
    On behalf of Eastern Province: Ms. Clare A. Omolo, EBS
    On behalf of Rift Valley Province: Mr. Osman Warfa, EBS
  • Description
    County and regional leaders agree to measures to reduce conflict over theft of livestock, as well as provisions to stop unauthorised migration.


Groups

  • Children/youth
    Groups→Children/youth→Rhetorical
    Page 3, On the Role of Peace Structures, Institutions and Mechanisms:
    ...
    We further resolve to collaboratively address the six (6) under-listed emerging issues for conflict dynamics within the target Counties and neighbouring Countries:
    ...
    iii. Youth and violence (involvement in local and international criminal activities, militia)
  • 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 3, On the Role of Peace Structures, Institutions and Mechanisms:
    We further resolve to collaboratively address the six (6) under-listed emerging issues for conflict dynamics within the target Counties and neighbouring Countries:
    ...
    v. Gender-based violence
  • 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)
    Governance→Political institutions (new or reformed)→General references
    Page 2: On the Role of Peace Structures, Institutions and Mechanisms:
    1. Strengthen peace committees and other collaborative response structures for peace within and between Counties; and neighbouring Countries, including Council of Elders, religious Mediation Councils, women and youth initiatives among others.
  • 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
    Page 3, On the Role of Peace Structures, Institutions and Mechanisms:
    We further resolve to collaboratively address the six (6) under-listed emerging issues for conflict dynamics within the target Counties and neighbouring Countries:
    ...
    vi. Transitions to County System of Governance
  • 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
    Human rights and equality→Socio-economic rights→Property
    Page 2, On Socio-economic empowerment
    (c) create market information systems and market based mediators
    (p) To create joint response structures for managing agro-pastoralist conflict, especially in areas where communities interface.

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
    Land, property and environment→Land reform/rights→Land reform and management
    Page 1, On unauthorised grazing:
    (f) private farms, conservancies, parks, and the environment at large should be protected and respected by all Parties

    Page 2, On Control of livestock diseases and trade:
    (k) Counties in the target areas under this Declaration and Agreement negotiate with ranches on grazing rights and benefits during dry spells
  • Pastoralist/nomadism rights
    Summary: the agreement in its entirety deals with pastoralist rights and regulations.
  • Cultural heritage

    No specific mention.

  • Environment
    Page 1, On unauthorised grazing:
    (f) private farms, conservancies, parks, and the environment at large should be protected and respected by all Parties
  • 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: On Livestock Raiding
    ...
    (g) with regard to compensation of lives lost through livestock raiding, the Declaration shall be applied on the basis of context:
    (i) between those professing Islamic faith, the compensation shall be in line with Quara’nic teachings.

    Page 2: On Livestock Raiding
    ...
    (ii) where the parties profess different faiths, customs or cultures, mutual agreement shall be reached in compensation for the victim as stated in the context-specific Declarations and Agreements
    (h) the communities, National and County Governments to invest in modern anti-livestock raiding technologies such as e-tracking.
  • 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: On Livestock Raiding
    ...
    (g) with regard to compensation of lives lost through livestock raiding, the Declaration shall be applied on the basis of context:
    (i) between those professing Islamic faith, the compensation shall be in line with Quara’nic teachings.
  • 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
    Nyikuri, C, (2011) Modogashe Declaration III, Ayuko, B, and Liyayi Magotsi (eds), National Steering Committee on Peacebuilding and conflict Management (NSC) Secretariat,
    Ministry of State for Provincial Administration & Internal Security, Kenya, http://www.nscpeace.go.ke/resource-library/downloads/category/6-reports.html?download=36:revalidation-of-modagashe-declaration-2011&start=20

Modogashe Declaration, 8th April 2011

We the leaders drawn from the respective counties of Marsabit, Isiolo, Mandera, Wajir, Garissa, Tana River, Saburu, Meru and Nairobi, gathered at the Almond Resort in Garissa on the 7th and 8th of April 2011, do hereby commit ourselves and resolve that the Modogashe Declaration that was entered into in the first instance in 2001 and revalidated in 2005, stands further revalidated as at the 8th Day of April, 2011 as per the Amendments contained herein.

We do hereby resolve that:

The Community Peace Agreement and Declaration shall generally apply to the Parties herein.

In addition, context-specific agreements and Declarations shall apply in unique circumstances as entered into by various communities in a stated locality.

On unauthorised grazing:

(f) private farms, conservancies, parks, and the environment at large should be protected and respected by all Parties

(g) cross-border issues should be the responsibility of Government, Communities, peace structures and institutions.

On Livestock Raiding:

This Declaration and agreement respects sanctity of life.

(g) with regard to compensation of lives lost through livestock raiding, the Declaration shall be applied on the basis of context:

(i) between those professing Islamic faith, the compensation shall be in line with Quara’nic teachings.

(ii) where the parties profess different faiths, customs or cultures, mutual agreement shall be reached in compensation for the victim as stated in the context-specific Declarations and Agreements

(h) the communities, National and County Governments to invest in modern anti-livestock raiding technologies such as e-tracking.

On Control of livestock diseases and trade:

(k) Counties in the target areas under this Declaration and Agreement negotiate with ranches on grazing rights and benefits during dry spells

(l) revival of all livestock holding grounds to facilitate livestock trade

(o) Establish abboteaurs in strategic areas in the country

On Acquisition of identity cards by non-Kenyans:

(c) The communities to work closely with the Government in curbing the influx of aliens, asylum seekers and refugees.

Those suspected to facilitate the illegal movement and entry of aliens, asylum seekers and refugees be prosecuted in line with the Kenyan laws.

On Socio-economic empowerment:

(c) create market information systems and market based mediators

(p) To create joint response structures for managing agro-pastoralist conflict, especially in areas where communities interface.

On the Role of Peace Structures, Institutions and Mechanisms:

Strengthen peace committees and other collaborative response structures for peace within and between Counties;

and neighbouring Countries, including Council of Elders, religious Mediation Councils, women and youth initiatives among others.

We further resolve to collaboratively address the six (6) under-listed emerging issues for conflict dynamics within the target Counties and neighbouring Countries:

Urban issues and related disputes (Plots and boundaries)

Conservancies

Youth and violence (involvement in local and international criminal activities, militia)

Strengthening cross-border frameworks i.e international boundaries, inter-community and intra-community

Gender-based violence

Transitions to County System of Governance

Al present at this Forum resolve to the Joint Stakeholder Forum on Revalidation of the Modogashe Declaration resolves to expand the geographical scope of this Declaration and Agreement to include other neighbouring Counties and Countries.

Finally, all present at the Forum commit ourselves to reach out to all actors in the implementation of the Modogashe Declaration in line with the annexed Implementation Strategy as contained herein.

Signed on this 8th Day of April, 2011:

For and Behalf of:

Mandera County

Hussein Mohamed ADAN

Abdi Wili ABDULLAHI

Abdille Sheikh BILLOW

Wajir County

Ali Abdi OGLE

Abdisalan Ibrahim ALI

Bishar Ali OLOW

Garissa County

Dagane Karur OMAR

Hassan Abdi HURE

Hussein Noor Abdi

Tana River County

Kahonzi Esther JARHA

Ijema Godana HASSAN

Aden Ibrahim ARALE

Marsabit County

Guyo Karayu DIKA

Hassan Lolterka LENAROKI

Boru Arero BORU

Sabburu County

Jason LESHOOMO

Peter P. LEKISAT

Benedicto L. LOLOSOLI

Meru County

Linos Kathera M. ERIMBA

Mitabathi M.KIRIMANA KIRIMANA

Nairobi County

Lucy Nyambura NDIRANGU

John Charles ODHIAMBO

In the presence of respective Provincial Commissioners:

North Eastern Province Mr. James Ole Serian, EBS

Coast Province Mr. Ernest G. Munyi, EBS

Eastern Province Ms. Clare A. Omolo, EBS

Rift Valley Province Mr. Osman Warfa, EBS