Kenya National Dialogue and Reconciliation: Public Statement
- Country/entityKenya
- RegionAfrica (excl MENA)
- Agreement nameKenya National Dialogue and Reconciliation: Public Statement
- Date4 Feb 2008
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageFramework/substantive - partial
- Conflict natureGovernment
- Peace processKenya peace process
- PartiesGovernment (PNU-Party National Unity) and ODM (Orange Democratic Movement);
Government (PNU-Party National Unity) singed by Hon. Martha Karua, Hon. Sam Ongeri, Hon Tutula Kilonwo, Hon. Moses Wetang'ula
ODM signed by Hon. Musalisa Mudavidi, Hon. William Ruto, Hon. Sally Kosgei, Hon. James Orengo - Third partiesWitnessed by: For the Panel of Eminent African Personalities, H.E. Kofi A. Annan, Chairperson
- DescriptionThis short agreement provides for a number of short terms measures to deal with political crisis arising from the disputed elections in 2007. 1. Immediate Measures to Address the Humanitarian Crisis, 2. Immediate Measures to Promote Reconciliation, Healing and Restoration, 3.Recommendation to Parliamentarians, 4. Briefing on Progress to the Principals, 5. Implementation of Recommendations.
- Agreement document
Groups
- Children/youthGroups→Children/youth→SubstantivePage 1, With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
b) Provide adequate security and protection, particularly for vulnerable groups, including women and children in the camps.
c) Provision of basic services for people in displaced camps:
...
· Provide medical assistance with a special focus for women, children, people living with HIV and AIDS and the disabled, currently in displaced camps.
· Ensure all children have access to education. This will involve reconstruction of schools; encouraging return of teaching staff and provision of teaching materials, and assistance for children to return to their learning institutions.
Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration
...
d) All-inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established. The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organisations. - Disabled personsGroups→Disabled persons→SubstantivePage 1, 1. With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
b) Provide adequate secuirty and protection, particularly for vulnerable groups, including women and children in camps.
c) Provision of basic services for people in displaced camps:
...
- Provide medical assistance with a special focus for women, children, people living with HIV and AIDS and the disabled, currently in displaced camps. - Elderly/ageGroups→Elderly/age→SubstantivePage 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration
...
d) All-inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established. The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organisations. - Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→SubstantivePage 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
g) The law on registration of persons should be reviewed to remove the emphasis on ethnicity. - Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced personsGroups→Refugees/displaced persons→SubstantivePage 1, 1. With Respect to Immediate Measures to Address the Humanitarian Crisis:
a) Assist and encourage displaced persons to go back to their homes or other areas
and to have safe passage and security throughout
b) Provide adequate security and protection, particularly for vulnerable groups,
including women and children in the camps.
c) Provision of basic services for people in displaced camps:
· Ensure that there is adequate food, water, sanitation and shelter within
the affected communities – both those in displaced camps and those
remaining in their communities.
· Provide medical assistance with a special focus for women, children,
people living with HIV and AIDS and the disabled, currently in displaced
camps.
· Ensure all children have access to education. This will involve
reconstruction of schools; encouraging return of teaching staff and
provision of teaching materials, and assistance for children to return to
their learning institutions.
d) Provide information centres where the affected can get easy access to
information regarding the assistance that is available to them and how to access
it, for example, support for reconstruction of livelihoods, or tracing of family
members.
e) Operationalise the Humanitarian Fund for Mitigation of Effects and Resettlement
of Victims of Post 2007 Election Violence expeditiously by establishing a bi-partisan, multi-sectoral Board with streamlined procedures to disburse funds rapidly.
f) The Fund is open to public contributions and all citizens and friendly countries,
governments and international institutions to donate generously.
g) Ensure close linkages with the ongoing national and international assistance to enhance the effectiveness of delivery.
h) Ensure that victims of violence in urban areas are not neglected in the implementation of the above.
i) In order to promote food security, displaced farmers should be assisted to return to their farms. All farmers affected by the crisis should be assisted and encouraged to safely resume their farming activities.
Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
f) A national resettlement programme should be developed. - Social class
No specific mention.
Gender
- Women, girls and genderPage 1, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
b) Provide adequate security and protection, particularly for vulnerable groups, including women and children in camps.
c) Provision of basic services for people in displaced camps:
[...]
- Provide medical assistance with a special focus for women, children, prople living with HIV and AIDS and the disabled, currently in displaced camps.
[...]
Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration
d) All-inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established. The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organisations. - Men and boys
No specific mention.
- LGBTI
No specific mention.
- FamilyPage 1, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
d) Provide information centres where the affected can get easy access to information regarding the assistance that is available to them and how to access it, for example, support for reconstruction of livelihoods, or tracing of family
members.
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.
- ElectionsPage 1, Preamble:
Goal:
To ensure that the National Dialogue and Reconciliation is carried out in a continuous
and sustained manner towards resolving the political crisis arising from the disputed
presidential electoral results as well as the ensuing violence in Kenya, in line with the agreement between His Excellency Mwai Kibaki and Honourable Raila Odinga, as publicly announced on 24th January and reaffirmed on 29th January 2008 at County Hall in
Nairobi. - Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil societyPage 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration
...
d) All-inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established. The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organisations. - Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- ConstitutionGovernance→Constitution→Constitution affirmation/renewalPage 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
c) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated.
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, Preamble:
The final goal of the National Dialogue and Reconciliation is to achieve sustainable
peace, stability and justice in Kenya through the rule of law and respect for human
rights. - Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rightsHuman rights and equality→Civil and political rights→Freedom of associationPage 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
b) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld.
c) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated.Human rights and equality→Civil and political rights→Thought, opinion, conscience and religionPage 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
b) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld.
c) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated. - Socio-economic rights
No specific mention.
Rights related issues
- Citizenship
No specific mention.
- Democracy
No specific mention.
- Detention procedures
No specific mention.
- Media and communicationRights related issues→Media and communication→Media rolesPage 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
b) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld. - Mobility/accessPage 1, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
a) Assist and encourage displaced persons to go back to their homes or other areas and to have safe passage and security throughout - Protection measuresRights related issues→Protection measures→Protection of groupsPage 1, With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
b) Provide adequate security and protection, particularly for vulnerable groups, including women and children in the camps. - Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutionsRights institutions→Regional or international human rights institutions→Body taskedPage 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and Restoration:
...
i) Welcome and encourage the United Nations High Commissioner for Human
Rights investigatory team
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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 1-2, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
c) Provision of basic services for people in displaced camps:
· Ensure that there is adequate food, water, sanitation and shelter within the affected communities – both those in displaced camps and those remaining in their communities.
· Provide medical assistance with a special focus for women, children, people living with HIV and AIDS and the disabled, currently in displaced camps.
· Ensure all children have access to education. This will involve reconstruction of schools; encouraging return of teaching staff and provision of teaching materials, and assistance for children to return to
their learning institutions.
d) Provide information centres where the affected can get easy access to information regarding the assistance that is available to them and how to access it, for example, support for reconstruction of livelihoods, or tracing of family members.
e) Operationalise the Humanitarian Fund for Mitigation of Effects and Resettlement
of Victims of Post 2007 Election Violence expeditiously by establishing a bi-partisan, multi-sectoral Board with streamlined procedures to disburse funds rapidly.
f) The Fund is open to public contributions and all citizens and friendly countries,
governments and international institutions to donate generously.
g) Ensure close linkages with the ongoing national and international assistance to enhance the effectiveness of delivery.
...
i) In order to promote food security, displaced farmers should be assisted to return to their farms. All farmers affected by the crisis should be assisted and encouraged to safely resume their farming activities. - 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 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 GuaranteesPage 1, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
a) Assist and encourage displaced persons to go back to their homes or other areas and to have safe passage and security throughout
b) Provide adequate security and protection, particularly for vulnerable groups,
including women and children in the camps. - 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
No specific mention.
- 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 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and
Restoration:
a) Joint peace rallies should be convened by all leaders of parties to promote peace and reconciliation.
...
d) All-inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established. The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organizations.
...
h) A Truth, Justice and Reconciliation Commission that includes local and international jurists should be established.
i) Welcome and encourage the United Nations High Commissioner for Human Rights investigatory team. - Prisoner release
No specific mention.
- Vetting
No specific mention.
- VictimsPage 1-2, Part 1: With Respect to Immediate Measures to Address the Humanitarian Crisis:
...
d) Provide information centres where the affected can get easy access to information regarding the assistance that is available to them and how to access it, for example, support for reconstruction of livelihoods, or tracing of family
members.
e) Operationalise the Humanitarian Fund for Mitigation of Effects and Resettlement of Victims of Post 2007 Election Violence expeditiously by establishing a bi-partisan, multi-sectoral Board with streamlined procedures to disburse funds
rapidly.
...
h) Ensure that victims of violence in urban areas are not neglected in the implementation of the above.
Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and
Restoration:
...
e) Counseling support should be provided to those affected communities. - Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation[Summary: The whole agreement provides for National Dialogue and Reconciliation. The section 2 has a more specific focus on National Reconciliation - See below].
Page 2, Part 2: With Respect to Immediate Measures to Promote Reconciliation, Healing and
Restoration:
a) Joint peace rallies should be convened by all leaders of parties to promote peace and reconciliation.
b) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld.
c) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated.
d) All-inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established. The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organizations.
e) Counseling support should be provided to those affected communities.
f) A national resettlement programme should be developed.
g) The law on registration of persons should be reviewed to remove the emphasis on ethnicity.
h) A Truth, Justice and Reconciliation Commission that includes local and international jurists should be established.
i) Welcome and encourage the United Nations High Commissioner for Human Rights investigatory team.
Implementation
- UN signatory
No specific mention.
- Other international signatoryWitnessed by: For the Panel of Eminent African Personalities, H.E. Kofi A. Annan, Chairperson
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanismPage 3, Part 5. Implementations of Recommendations:
Weekly progress reports on implementation of these and other recommendations
to be made to the Committee by the relevant parties/institutions. - Related cases
No specific mention.
- Sourcehttp://peacemaker.un.org/
Public Statement
Kenya National Dialogue and Reconciliation
Mediated by H.E. Kofi Annan and the Panel of Eminent African Personalities
Feb 4, 2008
Preamble:
Goal:
To ensure that the National Dialogue and Reconciliation is carried out in a continuous and sustained manner towards resolving the political crisis arising from the disputed presidential electoral results as well as the ensuing violence in Kenya, in line with the agreement between His Excellency Mwai Kibaki and Honourable Raila Odinga, as publicly announced on 24th January and reaffirmed on 2cfh January 2008 at County Hall in Nairobi.
The final goal of the National Dialogue and Reconciliation is to achieve sustainable peace, stability and justice in Kenya through the rule of law and respect for human rights.
1. With Respect to Immediate Measures to Address the Humanitarian Crisis:
a) Assist and encourage displaced persons to go back to their homes or other areas and to have safe passage and security throughout
b) Provide adequate security and protection, particularly for vulnerable groups, including women and children in the camps.
c) Provision of basic services for people in displaced camps:
• Ensure that there is adequate food, water, sanitation and shelter within the affected communities - both those in displ.aced camps and those
remaining in their communities.
• Provide medical assistance with a special focus for women, children, people living with HIV and AIDS and the disabled, currently in displaced
camps.
• Ensure all children have access to education.
This will involve reconstruction of schools;
encouraging return of teaching staff and
provision of teaching materials, and assistance for children to return to their learning institutions.
d) Provide information centres where the affected can get easy access to information regarding the assistance that is available to them and how to access it, for example, support for reconstruction of livelihoods, or tracing of family members.
e) Operationalise the Humanitarian Fund for Mitigation of Effects and Resettlement of Victims cif Post 2007 Election Violence expeditiously by establishing a bi-partisan, multi-sectoral Board with streamlined procedures to disburse funds rapidly.
f) The Fund is open to public contributions and all citizens and friendly countries, governments and international Institutions to donate generously.
g) Ensure close linkages with the ongoing national and International assistance to enhance the effectiveness of delivery.
h) Ensure that victims of violence in urban areas are not neglected in the implementation of the above.
i) In order to promote food security, displaced farmers should be assisted to return to their farms.
All farmers affected by the crisis should be assisted and encouraged to safely resume their farming activities.
2. With Respect to Immediate Measures to Promote Recopciliation, Healing and Restoration:
a) Joint peace rallies should be convened by all leaders of parties to promote peace and reconciliation.
b) Ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld.
c) Peaceful assembly as guaranteed by the Constitution should be protected and facilitated.
d) All inclusive Reconciliation and Peacebuilding Committees at the grassroots level should be established.
The committees should involve the provincial administration, council of elders, women, the youth, conflict resolution/civil society organizations.
e) Counseling support should be provided to those affected communities.
f) A national resettlement programme should be developed.
g) The law on registration of persons should be reviewed to remove the emphasis on ethnicity,
h) A Truth, Justice and Reconciliation Commission that includes local and international jurists should be established.
i) Welcome and encourage the United Nations High Commissioner for Human Rights investigatory team.
3. Recommendation to Parliamentarians:
Request the Speaker of Parliament to urgently convene a meeting of all members (Kamukunji) so that the Committee has the opportunity to inform
Parliamentarians of the progress of the National Dialogue and Reconciliation.
4. Briefing on Progress to the Principals:
The Panel of Eminent African Personalities will provide periodic joint briefings to H.E. Mwai Kibaki and Hon.
Raila Odinga.
5. Implementation of Becommendations:
Weekly progress reports on implementation of these and other recommendations to be made to the Committee by the relevant parties/institutions