Modogashe Declaration (III)
- Country/entityKenya
- RegionAfrica (excl MENA)
- Agreement nameModogashe Declaration (III)
- Date8 Apr 2011
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/local conflict ()
- StageFramework/substantive - partial
- Conflict natureInter-group
- Peace processKenya Local Agreements
- PartiesOn 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 partiesOn 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 - DescriptionCounty and regional leaders agree to measures to reduce conflict over theft of livestock, as well as provisions to stop unauthorised migration.
- Agreement document
Groups
- Children/youthGroups→Children/youth→RhetoricalPage 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 genderPage 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 referencesPage 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 administrationPage 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 rightsHuman rights and equality→Socio-economic rights→PropertyPage 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/rightsLand, property and environment→Land reform/rights→Land reform and managementPage 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 rightsSummary: the agreement in its entirety deals with pastoralist rights and regulations.
- Cultural heritage
No specific mention.
- EnvironmentPage 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 crimePage 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.
- ReparationsTransitional justice→Reparations→Material reparationsPage 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.
- SourceNyikuri, 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