|
Talks hit trickiest stretch
February 10, 2008
EASTANDARD
By Sunday Standard Team
Negotiations for a political cure for post-election crisis begin
on Monday when parties are expected to present and defend their
roadmaps.
It could be the trickiest week, but one which could bear abundant
blessing, in the search for peace and restoration of normalcy.
Those optimistic about this week include the lead international
mediator Dr Kofi Annan, who said as much on Friday and yesterday.
The haggling for a political compromise that would only work with
the stamp of authority from President Kibaki and Orange Democratic
Movement leader Mr Raila Odinga has captured the attention of a
nation scarred by killings, displacement and wanton destruction.
Annan yesterday raised the red flag against leakages at the
ongoing peace talks and warned against rushed conclusion a deal
had been struck. He said: "In negotiations, a deal is not done
until it is done. I had urged all parties to refrain from making
statements to the public on sensitive matters under discussion."
Annan, the Chair of the Panel of Eminent African Personalities,
expressed concerned about certain reports in the media Saturday
regarding the status of talks within the Kenyan National Dialogue
and Reconciliation. He reiterated it had not come to a definite
conclusion and urged "the public to be patient until agreement can
be reached next week."
"All must understand," he went on, "that selective leaks in the
middle of negotiations are not to anyone’s benefit."
President Kibaki and his Party of National Unity was declared
winner by Electoral Commission chairman Mr Samuel Kivuitu, but
Raila and his team said their victory was stolen.
International and local observers said the exercise fell below
international and regional standards. Kivuitu, too, conceded there
were serious flaws in the process and questioned the integrity of
ECK records, which he said were being tampered with without his
authority.
Yesterday the Presidential Press Service dispatched a statement
saying President Kibaki was satisfied mediation talks "were going
on well".
"Speaking today at State House Nairobi during a meeting with
Ugandan Deputy Prime Minister Eriya Kategaya, President Kibaki
exuded confidence that a sustainable solution to the current
political situation would be found,’’ it read in part.
At the burial of former Ainamoi MP David Kimutai Too, Raila and
his team, earlier reported to have climbed down from demanding
Kibaki’s resignation, said ODM would stop at nothing but the
presidency.
"ODM has accepted to enter into talks with thieves but we will not
accept a solution that could betray millions of Kenyans who voted
for ODM," he said.
He added: "If Kenyans fought the might of the British Empire to
secure Independence, PNU with its excessive use of police force is
a storm in a tea cup."
"As Annan-led team looks for a solution," he went on, "they should
know that there will be no peace without justice."
Kenya is on the spot
His deputy and running mate in the controversial elections, Mr
Musalia Mudavadi said: "PNU thought they would steal votes and
spark a temporary outcry. Kenyans are determined to give PNU a
nightmare. We are committed to the talks led by Annan. Kenya is on
the spot worldwide and a solution based on justice will be found."
Mvita MP Najib Balala, who is a member of the ODM Pentagon, said:
"ODM will not accept a power-sharing formula where the Othaya MP,
Kibaki, will be calling the shots."
Speaker Kenneth Marende is expected to convene an informal session
of Parliament on Tuesday for the MPs to be briefed on the progress
of the negotiations. If a power-sharing arrangement is reached, it
is expected that the House would have to be roped in to make the
necessary amendments to the Constitution to give it the force of
law.
Tomorrow or the day after, PNU is expected to give its proposal
for a political solution to the crisis. That will be after Annan
ruled out anything involving the Judiciary or the Electoral
Commission of Kenya.
PNU had early Friday insisted on recounting and re-tallying of the
votes as a way out of the impasse. But it dropped that position
after Annan gave the position that the Judiciary and the ECK were
seen to be part of the problem and could not be relied on to
provide solutions.
ODM, too, retreated from calls for Kibaki to step down with Raila
saying his party is willing to give and take. "Initially our stand
was that we won the elections, and Mr Kibaki lost the elections,
he should resign, and we should be sworn-in, but we have said that
we are not static on that point."
Raila said both sides had agreed to call a meeting of Parliament
next week so that MPs could be briefed on the progress of the
talks.
Government and opposition party officials were yesterday firm that
they had not reached any power-sharing deal. But they both said
they made significant progress in settling the dispute over the
December General Election.
A breakthrough was not there yet, Government sources said, but
there was agreement in principles. "What has been agreed on in
principle is that this crisis needs a political solution. What
form that political solution takes is what we embark on this week,"
an opposition official said.
This week, each side is to table its proposals for a political
solution to the problem. Each side will also be required to
provide possible challenges to the solution it is proposing
together with the proposal on how to tackle those challenges.
ODM had provided its proposals for a political settlement, which
included provision for a six-month transitional government,
reconstitution of the ECK then a re-run.
Sources say the party is willing to support a transitional
government that stays for longer than six months during which
period there would be serious work on constitutional reforms.
But a rerun in six months faces the hurdle of what to do with the
many displaced voters. There are also fears that with such tension,
a new round of election campaigns could open fresh wounds and hurt
attempts at reconciliation.
There are also concerns that the state of security would not be
conducive for another round of election campaigns.
Need for a political solution
The proposal of having a transitional government will also have to
deal with the challenge of who to include in that government.
Discussions this week will focus on these details, but only after
the PNU also presents its version of a political solution.
So far, the one thing that has been agreed on is that the problems
that have rocked the country since the December 27 polls require a
political solution. What form that solution takes will be the
subject when the negotiators meet.
There were conflicting reports on whether power sharing had been
agreed on at the end of the talks last week, with some sources
saying there was no such agreement.
But it is increasingly seen as an option being pushed particularly
by the international community that is not keen to see Kenya slide
any further.
On Friday Annan announced that his team had "reached far on the
political issues but wait for the details early next week."
"We have agreed that a political settlement is necessary and we
are discussing the details, which will be made public early next
week. We are making progress and we are asking for a little
patience," he said, at the media briefing.
Sources say the effort to brief MPs on the process point to a
possible power sharing Memorandum of Understanding that would be
sanctioned and signed by Parliament as opposed to the one signed
in boardroom in 2002.
A political observer, who works with some of the politicians, said
power sharing deals that involve Parliament have proved to be more
stable and long lasting than those negotiated in boardrooms,
citing the case of Belgium.
In Belgium, he said, forming a government is a two-step process.
Parties first hold the election and see the arithmetic of the
results. Then they have to negotiate on the coalition, which is
not just about the prime minister, but all the other ministers and
the overall government mandate. Should the parties agree to a
transitional government deal, it would not be the first time it
has happened in Africa.
In 2003, the Liberian Government signed a peace accord with the
country’s main rebel groups in Accra to form a transitional
government, paving the way for the end of 14-year-old civil war.
Leaders of the Economic Community of West African States (Ecowas),
which brokered the deal, witnessed the signing.
Ghanaian President John Kufuor, whose country held the rotating
presidency of Ecowas, was present, with representatives of the
United Nations, European Union and the African Union.
Under the deal, all the parties waived any claim to the top posts
in the interim government, instead allowing those not involved in
the conflict to take up positions. Annan’s talks have the backing
of the United Nations, African Union, European Union and the
United States and Kenyans.
|
