Kenya National Dialogue and Reconciliation - Truth, Justice and Reconciliation Commission
Export agreement coding (PDF)- Country/entityKenya
- RegionAfrica (excl MENA)
- Agreement nameKenya National Dialogue and Reconciliation - Truth, Justice and Reconciliation Commission
- Date4 Mar 2008
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ( )
- StageFramework/substantive - partial
- Conflict natureGovernment
- Peace processKenya peace process
- PartiesOn behalf of Government/PNU:
- Hon. Martha Karua
- Hon. Sam Ongeri
- Hon. Mutula Kilonzo
- Hon. Moses Wetang'ula
On behalf of ODM:
- Hon. Musalia Mudavadi
- Hon. William Ruto
- Hon. James Orengo
- Hon. Sally Kosgei - Third parties- Witnessed by:
For the Panel of Eminent African Personalities, H.E. Oluyemi Adeniji, Session Chair - DescriptionThis agreement provides for the implementation of a Truth and Reconciliation Commission. It defines its general parameters.
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→SubstantivePage 1, General Parameters:
...
The Commission will inquire into human rights violations, including those committed by the state, groups, or individuals. This includes but is not limited to politically motivated violence, assassinations, community displacements, settlements, and evictions. The Commission will also inquire into major economic crimes, in particular grand corruption, historical land injustices, and the illegal or irregular acquisition of land, especially as these relate to conflict or violence. - Social class
No specific mention.
Gender
- Women, girls and genderPage 2, Guiding Principles:
...
The Commission will consist of seven members, with gender balance taken into account. - 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, Guiding Principles:
...
Appropriate powers: The Commission shall be given powers of investigation, including the right to call persons to speak with the Commission, and powers to make recommendations that shall be considered and implemented by the government or others. These recommendations may include measures to advance community or national reconciliation; institutional or other reforms, or whether any persons should be held to account for past acts. - 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
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 generalPage 1, General Parameters:
...
The Commission will inquire into human rights violations, including those committed by the state, groups, or individuals. This includes but is not limited to politically motivated violence, assassinations, community displacements, settlements, and evictions. The Commission will also inquire into major economic crimes, in particular grand corruption, historical land injustices, and the illegal or irregular acquisition of land, especially as these relate to conflict or violence.
Page 2, Guiding Principles:
The Commission will reflect the following principles and guidelines, taking into account international standards and best practices:
Page 2, Selection and Composition:
..
In keeping with international best practices, and to ensure broad public trust in and ownership of the process of seeking the truth, the national members of the Commission shall
be chosen through a consultative process. - 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
No specific mention.
- International fundsPage 2, Guiding Principles:
...
Financial support: The Parties encourage strong financial support to the Commission. It is expected that the Government of Kenya will provide a significant portion of the Commission's budget. Other funding may be obtained by the Commission from donors, foundations, or other independent sources. - 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→Property return and restitutionPage 1, General Parameters:
...
The Commission will inquire into human rights violations, including those committed by the state, groups, or individuals. This includes but is not limited to politically motivated violence, assassinations, community displacements, settlements, and evictions. The Commission will also inquire into major economic crimes, in particular grand corruption, historical land injustices, and the illegal or irregular acquisition of land, especially as these relate to conflict or violence. - Pastoralist/nomadism rights
No specific mention.
- 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.
- CorruptionPage 1, General Parameters:
...
The Commission will inquire into human rights violations, including those committed by the state, groups, or individuals. This includes but is not limited to politically motivated violence, assassinations, community displacements, settlements, and evictions. The Commission will also inquire into major economic crimes, in particular grand corruption, historical land injustices, and the illegal or irregular acquisition of land, especially as these relate to conflict or violence. - Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardonTransitional justice→Amnesty/pardon→Amnesty/pardon properPage 1, General Parameters:
...
No blanket amnesty will be provided for past crimes. Individual amnesty may be recommended by the Commission in exchange for the full truth, provided that serious
international crimes (crimes against humanity, war crimes, or genocide) are not amnestied, nor persons who bear the greatest responsibility for crimes covered by the Commission. - Courts
No specific mention.
- Mechanism[Summary: This agreement provides for the implementation of a Truth and Reconciliation Commission. It defines its general parameters.]
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- VictimsPage 1, General Parameters:
...
The Commission shall receive statements from victims, witnesses, communities, interest groups, persons directly or indirectly involved in events, or any other group or individual; undertake investigations and research; hold hearings; and engage in activities as it determines to advance national or community reconciliation. The Commission may offer confidentiality to persons upon request, in order to protect individual privacy or security, or for other reasons. The Commission shall solely determine whether its hearings shall be held in public or in camera. - Missing persons
No specific mention.
- Reparations
No specific mention.
- ReconciliationPage 1, Background: Recalling the 14 February 2008 agreement by the Parties for a Truth, Justice and Reconciliation Commission, and in a spirit of reconciliation and national healing;
The Parties to the Kenyan National Dialogue and Reconciliation agree to the following general parameters and principles for the establishment of such a commission.
Page 2, Guiding Principles:
Appropriate powers: The Commission shall be given powers of investigation, including the right to call persons to speak with the Commission, and powers to make recommendations that shall be considered and implemented by the government or others. These recommendations may include measures to advance community or national reconciliation; institutional or other reforms, or whether any persons should be held to account for past acts.
Implementation
- UN signatory
No specific mention.
- Other international signatory- Witnessed by:
For the Panel of Eminent African Personalities, H.E. Oluyemi Adeniji, Session Chair - Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- Sourcehttp://www.peacemaker.un.org/
Background
Kenyan National Dialogue and Reconciliation
TRUTH, JUSTICE AND RECONCILIATION COMMISSION
Recalling the 14 February 2008 agreement by the Parties for a Truth, Justice and Reconciliation Commission, and in a spirit of reconciliation and national healing;
The Parties to the Kenyan National Dialogue and Reconciliation agree to the following general parameters and principles for the establishment of such a commission:
General Parameters
A Truth, Justice, and Reconciliation Commission ("the Commission") will be created through an Act of Parliament, which will be adopted by the legislature within the next four weeks.
The Commission will inquire into human rights violations, including those committed by the state, groups, or individuals.
This includes but is not limited to politically motivated violence, assassinations, community displacements, settlements, and evictions.
The Commission will also inquire into major economic crimes, in particular grand corruption, historical land injustices, and the illegal or irregular acquisition of land, especially as these relate to conflict or violence.
Other historical injustices shall also be investigated.
The Commission will inquire into such events which took place between December 12, 1963 and February 28, 2008.
However, it will as necessary look at antecedents to this date in order to understand the nature, root causes, or context that led to such violations, violence, or crimes.
The Commission shall receive statements from victims, witnesses, communities, interest groups, persons directly or indirectly involved in events, or any other group or individual;
undertake investigations and research;
hold hearings;
and engage in activities as it determines to advance national or community reconciliation.
The Commission may offer confidentiality to persons upon request, in order to protect individual privacy or security, or
for other reasons.
The Commission shall solely determine whether its hearings shall be held in public or in camera.
No blanket amnesty will be provided for past crimes.
Individual amnesty may be recommended by the Commission in exchange for the full truth, provided that serious international crimes (crimes against humanity, war crimes, or genocide) are not amnestied, nor persons who bear the greatest responsibility for crimes covered by the Commission.
The Commission will complete its work and submit a final report within two years.
The final
report shall state its findings and recommendations, which will be submitted to the President and will be made public in fourteen days and tabled in Parliament.
Guiding Principles
The Commission will reflect the following principles and guidelines, taking into account international standards and best practices:
Independence:
The Commission shall operate free from political or other influence.
It shall determine its own specific working methodologies and work plan, including for investigation and reporting, and will set out its own budget and staff plan.
Fair and balanced inquiry:
In all of its work, the Commission shall ensure that it seeks the truth without influence from other factors.
In representations to the public through hearings, statements, or its final report, the Commission shall ensure that a fair representation of the
truth is provided.
Appropriate powers:
The Commission shall be given powers of investigation, including the right to call persons to speak with the Commission, and powers to make recommendations that shall be considered and implemented by the government or others.
These recommendations may include measures to advance community or national reconciliation;
institutional or other reforms, or whether any persons should be held to account for past acts.
Full cooperation:
Government and other State offices shall provide information to the Commission on request, and provide access to archives or other sources of information.
It is urged that other Kenyan and international individuals and organizations also provide full cooperation and information to the Commission on request.
Financial supporl:
The Parties encourage strong financial support to the Commission.
It is expected that the Government of Kenya will provide a significant portion of the Commission's budget.
Other funding may be obtained by the Commission from donors, foundations, or other independent sources.
Selection and Composition
The Commission will consist of seven members, with gender balance taken into account.
Three of the members shall be international.
The members shall be persons of high moral integrity, well regarded by the Kenyan population, and shall include a range of skills, backgrounds, and professional expertise.
As a whole, the Commission shall be perceived as impartial in its collectivity, and no member should be seen to represent a specific political group.
At least two but no more than five of the seven commissioners should be lawyers.
In keeping with international best practices, and to ensure broad public trust in and ownership of the process of seeking the truth, the national members of the Commission shall be chosen through a consultative process.
The Commissioners shall be named no more than eight weeks after the passage of the Act that establishes the Commission.
The three international members shall be selected by the Panel of Eminent African Personalities, taking into account public input.
Signed on this day 4 March 2008:
On behalf of Government/PNU:
- Hon.
Martha Karua
- Hon.
Sam Ongeri
- Hon.
Mutula Kilonzo
- Hon.
Moses Wetang'ula
On behalf of ODM:
- Hon.
Musalia Mudavadi
- Hon.
William Ruto
- Hon.
James Orengo
- Hon.
Sally Kosgei
Witnessed by:
For the Panel of Eminent African Personalities
H.E. Oluyemi Adeniji
Session Chair