Kenya National Dialogue and Reconciliation: Public Statement

  • Country/entity
    Kenya
  • Region
    Africa (excl MENA)
  • Agreement name
    Kenya National Dialogue and Reconciliation: Public Statement
  • Date
    4 Feb 2008
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Kenyan Post-Electoral Violence (2007 - 2008) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government
  • Peace process
    Kenya peace process
  • Parties
    Government (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 parties
    Witnessed by: For the Panel of Eminent African Personalities, H.E. Kofi A. Annan, Chairperson
  • Description
    This 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.


Groups

  • Children/youth
    Groups→Children/youth→Substantive
    Page 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 persons
    Groups→Disabled persons→Substantive
    Page 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/age
    Groups→Elderly/age→Substantive
    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.
  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group
    Groups→Racial/ethnic/national group→Substantive
    Page 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 persons
    Groups→Refugees/displaced persons→Substantive
    Page 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 gender
    Page 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.

  • Family
    Page 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.

  • Elections
    Page 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 society
    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.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitution affirmation/renewal
    Page 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 general
    Page 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 rights
    Human rights and equality→Civil and political rights→Freedom of association
    Page 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 religion
    Page 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 communication
    Rights related issues→Media and communication→Media roles
    Page 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/access
    Page 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 measures
    Rights related issues→Protection measures→Protection of groups
    Page 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 institutions
    Rights institutions→Regional or international human rights institutions→Body tasked
    Page 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 reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 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 Guarantees
    Page 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.

  • Mechanism
    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.
    ...
    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.

  • Victims
    Page 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 signatory
    Witnessed 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 mechanism
    Page 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.

  • Source
    http://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