Resolutions of the Conflict Mitigation Strategy between Elders from Garissa (Lagdera Sub-County) and Isiolo (Garbatulla Sub-County) Counties attended by National Government Officials together with Building Bridges Initiative at Sportsman’s Arms Hotel, Nanyuki
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Resolutions of the Conflict Mitigation Strategy between Elders from Garissa (Lagdera Sub-County) and Isiolo (Garbatulla Sub-County) Counties attended by National Government Officials together with Building Bridges Initiative at Sportsman’s Arms Hotel, NanyukiDate
1 Apr 2019Agreement status
Multiparty signed/agreedInterim arrangement
YesAgreement/conflict level
Intrastate/local conflict ( )Stage
Framework/substantive - partialConflict nature
Inter-groupPeace process
Kenya peace processParties
Witnessed by:
Representative Elders from Lagdera sub-county, Garissa [signatures]
Representative Elders from Garbatulla sub-county, Isiolo [signatures]Third parties
Witnessed by:
Mr. Victor Kamonde, Deputy County Commissioner, Garbatulla sub-county, Isiolo
Mr. Julius Koima, Deputy County Commissioner, Lagdera Sub-County
Mr. Peter K. Thuku, EBS - Secretary/Peace Building and Distaster Response, State Department of Interior
Mr. Joseph Kaguthi, EBS - Former Provincial Commissioner
Mr. James Matundura, HSC - Building Bridges Initiative
Bishop (rtd.) Peter Njenga - Building Bridges Initiative
Major (rtd.) John Seii - Building Bridges InitiativeDescription
Agreement to resolve the inter-community conflict between the Borana and Auliyan of Isiolo and Garissa Counties respectively.
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 personsGroups→Refugees/displaced persons→RhetoricalPage 5, 6. Key resolutions, 1.6 On Attacks and Retaliatory Attacks and Compensation:
...
(i) Resettlement of Displaced Persons
Concerted efforts be made to facilitate persons displaced by the conflict. - Social class
No specific mention.
Gender
- Women, girls and gender
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- FamilyPage 3, 6. Key resolutions
The Elders condoled with the families for the loss of lives in the recent skirmishes. They also promised to embrace peace and ensure there is no further theft of livestock and destruction of property.
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, 3. Mandate of the Arbitrating Committee
The Committee was mandated to:-
(a) Receive the Acceptance of both warring communities to arbitrate between them and receive a commitment signed by the representing elders to that effect.
Page 2, 4. Pre-forum inter-community agreements:
(a) Acceptance of peace to end the current impasse, ethnic tensions, and use dialogue including ADR mechanisms to end the conflict.
(b) Each of the two communities to nominate 10 elders each to represent them in the meeting.
Page 4, 6. Key resolutions, 1.5 On Illegal Settlement:
The Regional Coordinators from both North Eastern and Eastern regions to create a special committee comprising of elders, religious leaders, chiefs, national government officials, political leaders from both counties to look into the issue of illegal settlements as stipulated in 1.2
Page 4, 6. key resolutions, 1.6 On Attacks and Retaliatory Attacks and Compensation:
Existing tradition dispute resolution mechanisms like the Modogashe Declaration 2011 to be reviewed and enforced when addressing compensation of loss of lives, stolen livestock and destruction of property.
...
Leaders from both communities to engage in inter-commnal dialogues to reduce existing tensions and avert further attacks and counter-attacks
Security agencies to act on Early Warning information given by the community and the political leaders to make follow-ups/implement recommendations made therof.
...
There is need to engage with the final decision making organs of the warring communities in Hayu (Borana) and Ugasi (Auliyan) on review and follow-up on implementation of Nanyuki I and II Declarations. This should include input from National and County governments security officers, peace committees, elders, politicians and other stakeholders on undertaking of PBCM/CPRM initiatives earlier agreed upon.
Page 5, 6. Key resolutions, 1.6 On Attacks and Retaliatory Attacks and Compensation:
(f) Facilitation of Peace Committees and Elders:
Mechanisms be put in place to facilitate/support peace committees and elders in undertaking of quarterly (1/4) PBCM/CPMR initiatives at the grassroots levels. This will go a long way in reducing the current tensions and avert future attacks and retaliatory attacks.
...
(h) Quarterly joint Meetings/Barazas and Peace Caravans
Both national and county government officials including security officers from affected areas to participate in quarterly joint meetings/barazas and peace caravans targeting the two communities - Borana and Auliyan in Lagdera and Garbatulla sub-counties.
Page 6, 6. Key resolutions, 1.6 On Attacks and Retaliatory Attacks and Compensation: (k) Communication amongst Elders:
Elders to enhance information sharing and communication amongst themselves on issues regarding peace and security regularly. They should ensure they have telephone contacts including those of their respective Chiefs and Assistant Chiefs.
Finally, all present at this forum commit ourselves on issues regarding peace and security regularly. They should ensure they have telephone contacts including those of their respective Chiefs and Assistant Chiefs. - 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 lawJustice sector reform→Criminal justice and emergency law→Criminal Justice System reformPage 5, Page 5, 6. Key resolutions, 1.6 On Attacks and Retaliatory Attacks and Compensation:...
(e) Apprehension of Individuals Engaging in Criminal Activities: Relevent authorities to expeditte aprehension of individuals engaging in criminal activities and ensure their prosecution. - State of emergency provisions
No specific mention.
- Judiciary and courts
No specific mention.
- Prisons and detention
No specific mention.
- Traditional LawsPage 4, 6. Key resolutions, 1.6 On Attacks and Retaliatory Attacks and Compensation:
Existing tradition dispute resolution mechanisms like the Modogashe Declaration 2011 to be reviewed and enforced when addressing compensation of loss of lives, stolen livestock and destruction of property. The National Government to equally take action against culprits involved.
...
(c) Adherence to Customary Laws/ADR Mechanisms on Pasture Management and Access to Water Points:
Both communities to respect and adhere to customary laws and/or ADR mechanisms (Dhetha System) on pasture management.
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
No specific mention.
- Pastoralist/nomadism rightsPage 3, 6. Key resolutions
The Elders condoled with the families for the loss of lives in the recent skirmishes. They also promised to embrace peace and ensure there is no further theft of livestock and destruction of property.
Page 3, 6. Key resolutions, 1.3 On Pasture and Water Sharing:
Migrating communities to liaise continuously with host communities in regard to modalities for pasture and water sharing before moving in with their animals. The communities in search of pasture and water should declare arms in their possession and they will rightfully use them to protect their livestock.
Page 4, 6. Key resolutions, 1.6 On Attacks and Retaliatory Attacks and Compensation:
Existing tradition dispute resolution mechanisms like the Modogashe Declaration 2011 to be reviewed and enforced when addressing compensation of loss of lives, stolen livestock and destruction of property. The National Government to equally take action against culprits involved.
...
(b) Return of stolen livestock:
Both communities to expedite return of stolen livestock to their respectful owners. - Cultural heritage
No specific mention.
- EnvironmentPage 5, 1.6 On Attacks and Retaliatory Attacks and Compensation:
...
(d) Embracing of Environmental Conservation:
Both communities to commit to embracing environmental conservation given the diminishing natural resources and adverse weather conditions. - Water or riparian rights or access
No specific mention.
Security sector
- Security GuaranteesPage 3, 6. Key resolutions, 1.3 On Pasture and Water Sharing:
...The communities in search of pasture and water should declare arms in their possession and they will rightfully use them to protect their livestock.
Page 4, 6. Key resolutions, 1.6 On Attacks and Retaliatory Attacks and Compensation:
...Leaders from both communities to engage in inter-communal dialogues to reduce existing tensions and avert further attacks and counter-attacks
Security agencies to act on Early Warning information given by the community and the political leaders to make follow-ups/implement recommendations made thereof...
Page 5, 6. Key resolutions, 1.6 On Attacks and Retaliatory Attacks and Compensation:
(j) Insecurity:
Highway banditry, proliferation of illicit arms are of a concern and there is need for security to be beefed up in affected areas in Lagdera and Garbatulla sub-counties. Chiefs and Assistant Chiefs to be proactive in sharing of early information on threats to peace and security for rapid response by relevant authorities. - CeasefireSecurity sector→Ceasefire→General commitmentsPage 3, 5. Agenda of the forum:
(a) Address cessation of hostilities and further loss of lives including destruction of property. - PolicePage 3, 6. Key resolutions, 1.4 On Disarmament:
...National Police Reservists to be recruited trained and issued with firearms. - Armed forces
No specific mention.
- DDRSecurity sector→DDR→DDR programmesPage 3, 6. Key resolutions, 1.4 On Disarmament:
Disarmament/registration exercise on ilicit arms held by local communities to continue. - 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 5, 6. Key resolutions, 1.6 On Attacks and Retaliatory Attacks and Compensation:
(e) Apprehension of Individuals Engaging in Criminal Activities: Relevent authorities to expeditte aprehension of individuals engaging in criminal activities and ensure their prosecution
(j) Insecurity:
Highway banditry, proliferation of illicit arms are of a concern and there is need for security to be beefed up in affected areas in Lagdera and Garbatulla sub-counties. Chiefs and Assistant Chiefs to be proactive in sharing of early information on threats to peace and security for rapid response by relevant authorities. - 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.
- MechanismPage 4, 6. Key resolutions, 1.6 On Attacks and Retaliatory Attacks and Compensation:
Existing tradition dispute resolution mechanisms like the Modogashe Declaration 2011 to be reviewed and enforced when addressing compensation of loss of lives, stolen livestock and destruction of property. The National Government to equally take action against culprits involved. - Prisoner release
No specific mention.
- Vetting
No specific mention.
- VictimsPage 3, 6. Key resolutions
The Elders condoled with the families for the loss of lives in the recent skirmishes. They also promised to embrace peace and ensure there is no further theft of livestock and destruction of property. - Missing persons
No specific mention.
- ReparationsTransitional justice→Reparations→Material reparationsPage 4, 6. Key resolutions, 1.6 On Attacks and Retaliatory Attacks and Compensation:
Existing tradition dispute resolution mechanisms like the Modogashe Declaration 2011 to be reviewed and enforced when addressing compensation of loss of lives, stolen livestock and destruction of property. The National Government to equally take action against culprits involved.
...
(a) Compensation:
Both communities to expedite compensation of lives lost during the conflict.
(b) Return of stolen livestock:
Both communities to expedite return of stolen livestock to their respectful owners. - 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.
- SourceNational Steering Committee on Peace Building and Conflict Management
https://www.nscpeace.go.ke/resources/item/10-conflict-mitigation-strategy-borana-and-auliyan-1-april-2019-nanyuki
Resolutions of the Conflict Mitigation Strategy between Elders from Garissa (Lagdera Sub-County) and Isiolo (Garbatulla Sub-County) Counties attended by National Government Officials together with Building Bridges Initiative at Sportsman’s Arms Hotel, Nanyuki
Dated this 1st April, 2019
1. Introduction:
This resolution contains agreement (s) to resolve the inter-community conflict between the Borana and Auliyan of Isiolo and Garissa Counties respectively.
2. Arbitrating Committee Members:
Mr. Peter K. Thuku, EBS - Secretary/Peace Building and Distaster Response, State Department of Interior
Mr. Joseph Kaguthi, EBS - Former Provincial Commissioner
Mr. James Matundura, HSC - Building Bridges Initiative
Bishop (rtd.)
Peter Njenga - Building Bridges Initiative
Major (rtd.)
John Seii - Building Bridges Initiative
Mr. Philip Koima - Deputy County Commissioner, Lagdera Sub-County Garissa State Department of Interior
Mr. Victor Kamode - Deputy County Commissioner, Garbatulla Sub-County Isiolo State Department of Interior
3. Mandate of the Arbitrating Committee
The Committee was mandated to:-
(a) Recieve the Acceptance of both warring communities to arbitrate between them and recieve a commitment signed by the representing elders to that effect.
(b) Arbitrate between the Borana and Auliyan Communities.
(c) Draw a written resolution based on the agreements arising, have it signed by the representatives of the two communities (Borana and Auliyan, share it with respective Regional Commissioners, County Commissioners, County Governments, Members of Parliament and other stakeholders.
(d) Constitute an Interim Implementation Comittee to oversee return of sustainable peace in affected areas.
4. Pre-forum inter-community agreements:
(a) Acceptance of peace to end the current impasse, ethnic tensions, and use dialogue including ADR mechanisms to end the conflict.
(b) Each of the two communities to nominate 10 elders each to represent them in the meeting.
5. Agenda of the forum:
(a) Address cessation of hostilities and further loss of lives including destruction of property.
6. Key resolutions
The Elders condoled with the families for the loss of lives in the recent skirmishes.
They also promised to embrace peace and ensure there is no further theft of livestock and destruction of property.
The Nanyuki Peace Agreement Between the Auliyan of Garissa County and Borana of Isiolo County on 22nd September, 2016 held in Nanyuki was not implemented on the following resolutions and should be implemented immediately:-
1.1 On Political Incitements:
Politicians and leaders to desist from inciting their respective communities and issuing threats whenever they feel aggrieved.
The National Government will take appropriate legal action against inciters.
1.2 On Boundary Disputes:
Respective Regional Commissioners from both North Eastern and Eastern regions to address the matter immediately within 3 weeks from the date of this agreement by identifying the beacons of the common boundary.
No further developments on disputed areas until a resolution are finally reached.
1.3 On Pasture and Water Sharing:
Migrating communities to liase continuously with host communities in regard to modalities for pasture and water sharing before moving in with their animals.
The communities in search of pasture and water should declare arms in their possession and they will rightfully use them to protect their livestock.
1.4 On Disarmament:
Disarmament/registration exercise on ilicit arms held by local communities to continue.
National Police Reservists to be recruited trained and issued with firearms.
1.5 On Illegal Settlement:
The Regional Coordinators from both North Eastern and Eastern regions to create a special committee comprising of elders, religious leadrs, chiefs, national government officials, political leaders from both counties to look into the issue of illegal settlements as stipulated in 1.2
1.6 On Attacks and Retaliatory Attacks and Compensation:
Existing tradition dispute resolution mechanisms like the Modogashe Declaration 2011 to be reviewed and enforced when addressing compensation of loss of lives, stolen livestock and destruction of property.
The National Government to equally take action against culprits involved.
Leaders from both communities to engage in inter-commnal dialogues to reduce existing tensions and avert further attacks and counter-attacks
Security agencies to act on Early Warning information given by the community and the political leaders to make follow-ups/implement recommendations made therof.
Due dilligence to be done while creating new administrative units.
There is need to engage with the final decision making organs of the warring communities in Hayu (Borana) and Ugasi (Auliyan) on review and follow-up on implementation of Nanyuki I and II Declarations.
This should include input from National and County governments security officers, peace committees, elders, politicians and other stakeholders on undertaking of PBCM/CPRM initiatives earlier agreed upon.
(a) Compensation:
Both communities to expedite compensation of lives lost during the conflict.
(b) Return of stolen livestock:
Both communities to expedite return of stolen livestock to their respectful owners.
(c) Adherence to Customary Laws/ADR Mechanisms on Pasture Management and Access to Water Points:
Both communities to respect and adhere to customary laws and/or ADR mechanisms (Dhetha System) on pasture management.
(d) Embracing of Environmental Conservation:
Both communities to commit to embracing environmental conservation given the diminishing natural resources and adverse weather conditions.
(e) Apprehension of Individuals Engaging in Criminal Activities:
Relevent authorities to expeditte aprehension of individuals engaging in criminal activities and ensure their prosecution.
(f) Facilitation of Peace Committees and Elders:
Mechanisms be put in place to facilitate/support peace committees and elders in undertaking of quarterly (1/4) PBCM/CPMR initiatives at the grassroots levels.
This will go a long way in reducing the current tensions and avert future attacks and retaliatory attacks.
(g) Engagement with Political Leadership:
There is need for reaching out to politicians on subsequent and future peace initiatives.
This also includes addressing issues touching on incitement and funding of violence, forcible displacement of persons for political mileage and creating further tensions and ethnic animosity.
(h) Quarterly joint Meetings/Barazas and Peace Caravans
Both national and county government officials including security officers from affected areas to participate in quarterly joint meetings/barazas and peace caravans targeting the two communities - Borana and Auliyan in Lagdera and Garbatulla sub-counties.
(i) Resettlement of Displaced Persons
Concerted efforts be made to facilitate persons displaced by the conflict.
(j) Insecurity:
Highway banditry, proliferation of illicit arms are of a concern and there is need for security to be beefed up in affected areas in Lagdera and Garbatulla sub-counties.
Chiefs and Assistant Chiefs to be proactive in sharing of early information on threats to peace and security for rapid response by relevant authorities.
(k) Communication amongst Elders:
Elders to enhance information sharing and communication amongst themselves on issues regarding peace and security regularly.
They should ensure they have telephone contacts including those of their respective Chiefs and Assistant Chiefs.
Finally, all present at this forum commit ourselves on issues regarding peace and security regularly.
They should ensure they have telephone contacts including those of their respective Chiefs and Assistant Chiefs.
Witnessed by:
Representative Elders from Lagdera sub-county, Garissa [signatures]
Mr. Julius Koima, Deputy County Commissioner, Lagdera Sub-County
Representative Elders from Garbatulla sub-county, Isiolo [signatures]
Mr. Victor Kamonde, Deputy County Commissioner, Garbatulla sub-county, Isiolo
Mr. Peter K. Thuku, EBS - Secretary/Peace Building and Distaster Response, State Department of Interior
Mr. Joseph Kaguthi, EBS - Former Provincial Commissioner
Mr. James Matundura, HSC - Building Bridges Initiative
Bishop (rtd.)
Peter Njenga - Building Bridges Initiative
Major (rtd.)
John Seii - Building Bridges Initiative
Dated 1st April, 2019 at Sportsman's Arms Hotel, Nanyuki