News 2008

Roadmap to peace

Annan: what we have agreed on so far

15. Feb. 2008

Part of the speech by former UN secretary general Kofi Annan during his media briefing at the Serena Hotel

We have just returned from 48 hours of intense and fruitful negotiations at a secret location outside of Nairobi, which all of you now know was the Kilaguni Lodge in the Tsavo West Game Reserve.

I want to thank you for letting us work there in peace, even after you discovered where we were.

The parties worked well together during their two days at Kilaguni - often in mixed groups and by themselves - showing their strong commitment to peace and reconciliation in Kenya.

They reached agreement on a range of issues, and narrowed considerably the options for a governance structure.

Some of the points of agreement are:

• The creation of an Independent Review Committee.
• This Committee would be mandated to investigate all aspects of the 2007 Presidential Election and make findings and recommendations to improve the electoral process.
• The Committee will be a non-judicial body made up of Kenyan and non-Kenyan recognised electoral experts of the highest professional standing and personal integrity.
• The Committee will submit its report within three-six months and it should be published within 14 days of submission. It should start its work not later than 15 March, 2008.
• The findings of the Independent Review Committee must be factored into the comprehensive electoral reforms that are envisaged.

Through the discussion, it became apparent that there is no viable way, either by re-count, re-tally or any other measure, to determine the outcome of the 2007 election in a way that would be expeditious and that would not further divide Kenyan society.

However, the facts have to come out and Kenyans have to know what happened. We agreed that the system must be reformed so that such a crisis never happens again.

The Independent Review Committee will allow for this to take place in an environment of tranquillity and transparency, thus contributing to further healing and reconciliation of the country.

We did consider the options of a re-count or re-tally and concluded that:

• A delay of the several months needed for a recount could significantly increase existing tensions and delay resolution of the current crisis, and we recognise that the result of a re-count might not further Kenyan unity.
• A re-tally could not determine the correct result in stations or constituencies where problems or irregularities were identified.

On the need for a political settlement to resolve the current crisis, we agreed on the following:

• Recognising that there is a serious crisis in the country we concluded that a political settlement is a necessary and effective way to promote national reconciliation and unity.
• We also agree that such a political settlement must be one that reconciles and heals the nation and reflects the best interests of all Kenyans. A political settlement is necessary to manage and implement expeditiously a broad reform agenda and other mechanisms that will address the root causes of the crisis and deepen and broaden Kenyan democratic foundations.

Such reforms and mechanisms will comprise, but are not limited to, the following:

• Comprehensive Constitutional reforms;
• Comprehensive electoral reform - including the electoral laws, the electoral commission and dispute resolution mechanisms;
• A truth, justice and reconciliation commission;
• Identification and prosecution of perpetrators of violence;
• Respect for human rights;
• Parliamentary reform;
• Police reform;
• Legal and Judicial reforms;
• Commitment to a shared national agenda in Parliament for these reforms;
• Other legislative, structural, political and economic reforms as needed.

On the issue of governance arrangements, the parties discussed the matter intensively and have developed a number of options, on which they have agreed to consult their principals and leadership and come back to continue negotiations on Monday, with the hope that a final conclusion will be reached shortly after that.

This is the only outstanding issue on Agenda Item 3 - How to Resolve the Political Crisis.

In summary, we have defined the reform agenda for a new government and are now discussing the “how” and the mechanisms required for implementation.

While we are making considerable progress on Agenda Item 3, we have also agreed that settlement of the issues in Agenda Item 4 - Long-Term Issues and Solutions - are fundamental to a viable long-term solution of the crisis.

The implementation of the following reforms should commence urgently in concert with reforms of Agenda Item 3.

• Consolidating national cohesion and unity;
• Land reform;
• Tackling poverty and inequity, as well as combating regional development imbalances, particularly promoting equal access to opportunity;
• Tackling unemployment, particularly among the youth;
• Reform of the Public Service;
• Strengthening of anti-corruption laws and public accountability mechanisms;
• Reform of Public Finance and Revenue Management Systems and Institutions;
• Addressing issues of accountability and transparency.

The parties agreed that this settlement is not about the sharing of political positions but about addressing the fundamental root causes of recurrent conflict. Therefore, the parties have reaffirmed their commitment to address the issues within Agenda Item 4 quickly and comprehensively.

Reform agenda

Milestones and benchmarks for the implementation of the reform agenda will be defined in our continuing discussions.

I know that many of you have been eager to write the headline, “We have a deal” on all the political issues. But I again advise patience. The issues are complex; reaching compromise is difficult. But let me assure you that there is real momentum. We are at the water’s edge and the last difficult and frightening step will be taken. I am confident that, in the interests of Kenya and its people, the parties will show the wisdom, flexibility and foresight to conclude an agreement.
 

----------------------------------------------------------------------------------------------

Roadmap to peace

By LUCAS BARASA

Fri, Feb 01, 2008

The Kofi Annan led mediation team with the Government and ODM Friday night agreed on three key issues that could see the country return to peace.

The Government and ODM team agreed to hold joint rallies to stop the escalating violence and restore basic human rights and civil liberties.

The Kenya National Dialogue and Reconciliation Team emerged from a 10-hour meeting with former United Nations chief Kofi Annan and said they had agreed that there should be freedom of assembly, expression and press to help end political turmoil.

Mr Annan, while addresing a news conference after the meeting said: “We will also go on the ground as a panel and see for ourselves how things are.”

Immediate measures are to be taken to address the current humanitarian crisis, promote reconciliation, healing and restoration of normalcy.

The parties, who were joined by Ugenya MP James Orengo, agreed on a solution towards resolving the political crisis arising from the disputed presidential results as well as the ensuing violence.

Long-term issues and solutions including undertaking legal reforms, tackling poverty and inequity, unemployment, consolidating national cohesion and unity, land reform and addressing transparency, accountability and impunity are to be agreed on within a year.

The announcement came as the world attention turned on Kenya with the UN Secretary General, Mr Ban Ki-moon, arriving in Nairobi to bolster Mr Annan’s peace efforts. There were also messages from the UN Security Council and the African Union whose leaders are meeting in Ethiopia.

Mr Annan told a press briefing at the Serena Hotel that the short-term issues agreed upon are to be addressed within seven and 15 days from January 28 when dialogue started.

“Agenda item four will be resolved within a period of one year after the commencement of the dialogue,” Mr Annan said in the company of National Dialogue members Musalia Mudavadi, William Ruto, Sally Kosgei, Martha Karua, Sam Ongeri, Mutula Kilonzo and Orengo.

Mr Annan said both parties - ODM (the Orange Democratic Movement) and the Government - were committed to finding a just and durable solution to problems facing the country including stopping the wave of violence.

Police were directed to act according to the law and avoid excessive force and use of live bullets on unarmed civilians.

The Force, the parties are agreed, must be impartial and that their deployment to areas affected by violence must reflect national integration.

Under the agreement, leaders are expected to embrace and preach peaceful co-existence of all communities and refrain from irresponsible and provocative statements.

Local community, religious, political, business and civil society leaders are to hold joint meetings to promote peace and tranquillity and stand up for justice and fairness.

All Kenyans are required to stop violence and illegal armed groups and militias demobilised and disbanded.

“We appeal to all youths throughout the country not to participate in acts of lawlessness particularly those leading to harm or loss of human life and destruction of property,” a statement signed by the seven leaders said.

Victims of violence were told to avoid revenge.

The ban on live broadcasts and political rallies are to be lifted soon following the team’s agreement to ensure freedom of expression, press freedom and the right to peaceful assembly.

Mr Annan, however, said the media are to adhere to a code of conduct to be developed by the Media Council.

“This should include punitive measures against abuse,” the leaders said.

The statement said peaceful assembly as guaranteed by the Constitution should be protected and facilitated.

“Leaders and the public attending such meetings must ensure that the gatherings are peaceful, orderly and conducted in conformity with the law,” the statement said.

The peacemakers called for impartial, effective and speedy investigations of all cases of crime and police brutality.

Other issues the leaders want implemented immediately are:

• Enforcement of the law so that life and property are protected and roads and railway lines opened and safety guaranteed.
• All workers, both public and private, to be given assistance to return safely to their places of work.
• All learning institutions to be re-opened.
• All internally displaced persons to be protected and assisted to return safely to their homes and places of work and their rights to reside anywhere in the country upheld.
• Food security to be guaranteed and displaced farmers to be assisted to return to their farms and resume their activities.
• Hate and threatening messages, leaflets, mobile phones short test messages, or any other broadcast of that nature to cease forthwith.
• All criminal activities, particularly those of a violent nature, to be prosecuted forthwith.

Mr Annan said the Mudavadi/Karua team are to start negotiations on long-term issues immediately after completing short-term ones.

“If we keep the pace, the long-term issues will take less than a year. The time table is, however, one year. What is at stake is not individual interests, otherwise we will destroy Kenya,” Mr Annan warned. Leaders and media, he said, should be careful of the language they use to avoid spreading hatred, incitement and inflammatory remarks.

He called for one nation and one Kenya and spreading of messages of reconciliation to heal the country.

Mr Annan said effective institutions were more important than individuals and praised the government and ODM teams for agreeing on part of the agenda.

Mr Annan said Kenyan security forces appeared overstretched and that maintaining of law and order is also an individual and community responsibility.

Mr Mudavadi said the negotiating team was making good progress adding that an integrated security force will avoid taking partisan positions.

Security forces, he said, should help displaced persons return to their homes and work places.

“Freedom of expression, press and assembly should be restored immediately,” he added. Ms Karua said they had agreed on respect for human rights, fundamental freedoms, right to life and protection of property.

She said politicians should tell their supporters of Kenyans’ rights to live and own property anywhere in the country.

“Our signing of the document signifies our commitment to represent what is contained in the document,” she said.

She said Kenyan security forces had capacity to end violence in all parts of the country.

But Mr Mudavadi said the forces alone could not contain the situation and that the violence required a political solution.

Yesterdays was the fourth meeting of the dialogue team. It was formed following an agreement between President Kibaki and Mr Odinga, is meant to achieve sustainable peace, stability and justice through the rule of law and respect for human rights.

The team is mediated by Mr Annan and the Panel of Eminent African Personalities including former Tanzanian President Benjamin Mkapa and South Africa’s, Ms Graca Machel.

OGIEK HOME