Validation of the Reviews and Amendments on Dukana-Dillo-Maikona Declaration

  • Country/entity
    Ethiopia
    Kenya
  • Region
    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name
    Validation of the Reviews and Amendments on Dukana-Dillo-Maikona Declaration
  • Date
    31 Aug 2017
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/local conflict ( Kenyan Post-Electoral Violence (2007 - 2008) )
  • Stage
    Implementation/renegotiation
  • Conflict nature
    Inter-group
  • Peace process
    Kenya Local Agreements
  • Parties
    Signed by Dambala Bonaya, Tura Roba, Dambala Sharamo, Charto Boru and Mamo Supo from the Gabra community and Aba Gada Kura Jarso, Boru Dima, Jaro Tukele, Alaje Gurme, and Galgalo Jarso from the Borana community.
  • Third parties
    Witnessed by:
    Solomon Gubo Rine, Deputy Governor Marsabit County
    Job Kemei, Deputy County Commissioner, Noal Horr
    Dida Jaldesa, Chielf of Zone 1 Cabinet and Head of Admin Office
    Doyo Borte, Dillo Woreda Administrator
  • Description
    This agreements is cross-border and addresses 'prolonged communal conflict' between the Boranas of Ethiopia and the Gabras of Kenya. It works to update, validate and extend an earlier Dukana-Dillo-Maikona Declaration, and provides for new inter-communal pledges for peace and provision for how theft of cattle is to be dealt with.

Local agreement properties

  • Process type
    Formal structured process
  • Rationale
    The agreement reviews a previous declaration which was the result of a formally structured process supported by the NSC, the Dukana-Dillo-Maikona peace declaration in July 2009. Other agreements from this process include the Maikona and Walda Peace Declaration in July 2009, and the Dillo-Dukana-Teltelle Peace Dialogue in January 2012. The 2017 process was supported by the PEACE III programme from USAID, in partnership with be Strategies for Northern Development (SND) and Inter African Group (IAG).
  • Is there a documented link to a national peace process?
    No
  • Link to national process: articulated rationale
    However, this is the extension of a process supported by the National Steering Committee.
  • Name of Locale
    Dukana - Dillo - Maikona
  • Nature Of Locale
    Region
  • GPS Lat/Long (DD)
    3.849366, 37.763310
  • Participant type
    Local state actor
    International or transnational actor
    Domestic religious organisation/leader or other elder
    Regional state actor
  • Mediator, facilitator or similar
    Mediator or similar referred to
    Mediator (references)
    Facilitated by 'PEACE III and its partners', understood to be Strategies for Northern Development (SND) and Inter african Group (IAG). PEACE III is a USAID-funded programme.
    Type of mediator/facilitator/similar
    Local community/civilian group(s)/civil society organisations International or transnational actor

Local issues

  • Ritual/prayer and process (including use of scripture)

    No specific mention.

  • Grievance List

    No specific mention.

  • Cattle rustling/banditry
    Page 1,
    1. That anyone found guilty of stealing animal/s the penalty or punishment for perpetrator will remain the same as stipulated in the declaration - paying 5 cows for each animal stolen. The culprit also should pay the expenses incurred for tracking that animal and finally handed over to the government to face the law.
  • Social cover

    No specific mention.

VALIDATION OF THE REVIEWS AND AMENDMENT ON DUKANA-DILLO-MAIKONA DECLARATION MEETING HELD AT KOKET-BORANA HOTEL MOYALE- ETHIOPA ON AUGUST 30-31, 2017

I. Introduction and Background:

Dukana-Dillo-Maikona peace declaration was first support by the Kenya National Steering Committee (NSC) in 20009.

The declaration was a cross border solutions to the prolonged community conflict between Boranas of Ethiopia and Gabras of Kenya.

As a result of this declaration, the conflict was mitigated to a great extend enabling the two communities live together, share grazing and watering resources , opened cross border trade and enabled education and health services sharing especially on the Kenyan side.

However, with the introduction of a USAID funded program dabbed PEACE III, in partnership with Strategies for Northern Development (SND) and Inter African Group (AIG), the two communities identified the need to revise the declaration and its amendment due to the prevailing circumstances identified as inconsistencies, ambiguity and double punishment inflicted on suspect.

The parties, in one of PEACE III activities suggested the need to review some key clauses such as age specification of cattle that is used for blood compensation.

On May 31, 2017 at Koet-Borana Hotel Moyale- Ethiopia, PEACE III and its partners facilitated a community meeting that reviewed and mended the Dukana-Dillo-Maikona Declaration.

This meeting gave forth the reviews and amendments on the Dukana-Dillo-Maikona declaration peace process which PEACE III helped document and is here presented for validation.

II. Validation of the Declaration Reviews and Amendments:

On this 30th day of August 2017, The Gabra and Borana Communities herein represented by their traditional leaders pledge to live peacefully with one another and share the natural resources such as water and pasture.

Peace will be maintained through regular meetings between representatives of both communities at alternating locations.

Peaceful coexistence will be safeguarded through the implementation of the peace declaration.

We the undersigned traditional leaders of Gabra and Borana confirm that we have unanimously accepted the following amendments as made on the Dukana-Dillo-Maikona peace declaration on May 31, 201 in Moyale:

That anyone found guilty of stealing animal/s, the penalty or punishment for perpetrator will remain the same as stipulated in the declaration – paying 5 cows for each animal stolen.

The culprit also should pay the expenses incurred for tracking that animal and finally handed over to the government to face the law.

The penalty for anyone who causes injured to another in attempt to kill, shall pay fine of 15 cows and will again be handed over to the government for prosecution.

That the penalty for the deliberate killing has been amended from fine of 30 cows to 50 cows (25 bulls and 25 cows).

Furthermore, the perpetrator should be arraigned in court and prosecuted for murder.

That the age of the cows meant for fine should be least 3 years with a minimum price of Birr 3000 per cow, or its equivalent in Kenyan Shillings.

For proven accidental killing, the penalty remain the same as in the declaration which is 3 cows (15 bulls and 15 cows)

It was unanimously agreed that the culprits should take full responsibility of paying the fines or penalties all by him/herself and his clan as earlier stipulated.

The fine should be paid by the culprit with immediate effect following any incident

The compensatory cows will be collected by the local peace committee

The penalty for rape case for virgin girl was amended from 10 to 15 cows.

For married women remain at 5 cows.

The culprit is then handed over to the Government to face prosecution.

The elders should take responsibility to appear before court to witness against the culprit in case of prosecution.

A person spreading rumors, propaganda and inciting people to fight will be fined 5 cows as stipulated in the declaration

The penalty for concealing a culprit or hide vital information on a perpetrator will be fined same as culprit, depending on the crime committed.

Gabra Traditional Leaders:

Borana Traditional Leaders

Name:

[Illegible] Name:

[Illegible]

Sign:

[Signature] Sign:

[Signature]

Name:

TURA Roka Name:

[Illegible]

Sign:

[Signature] Sign:

[Signature]

Name;

Damballa Bonaya Name:

[Illegible]

Sign:

[Signature] Sign:

[Signature]

Name:

Damballa [Illegible] Name:

Jaro Tukale