Kenyan National Dialogue and Reconciliation

Kenya, East Africa

Parties: Government of Kenya/Party of National Unity; Orange Democratic Movement

Type: Intra-state

In the February 2008 Agreement the Parties agreed to the Agenda for the National Dialogue as including: action to stop violence and restore fundamental rights and liberties, including restoring respect for the sanctity of life, and protection of freedom of expression, press freedom and right to assembly; measures to address the humanitarian crisis and promote reconciliation, healing and restoration, including impartial investigation of systemic human rights violations; how to overcome the political crisis arising from the elections; addressing long-term issues including institutional, legal and constitutional reform; tackling inequality and poverty and unemployment and undertaking land reform; and addressing transparency, accountability and impunity. The Agreement set out timelines for resolving each of the agenda items.

The 1 February 2008 Public Statement set out the immediate steps to be taken to end the violence. The Parties agreed that security forces must carry out their duties and responsibilities with complete impartiality. They agreed to ensure that the freedom of expression, press freedom and the right to peaceful assembly are upheld, and that a code of conduct on live coverage broadcasts is developed by the Media Council and implemented. They also agreed that peaceful assembly as guaranteed by the Constitution should be protected and facilitated. The Parties agreed that all internally displaced persons should be protected and assisted to return safely to their homes and places of work, and that impartial, effective and expeditious investigations of all cases of crime and police brutality and/or excessive use of force would be undertaken forthwith.

The 4 February 2008 Public Statement stated the main goal of the National Dialogue and Reconciliation as being sustainable peace, stability and justice in Kenya. In relation to the humanitarian crisis, the Parties agreed to assist and encourage displaced persons, including farmers, to return home, provide adequate security to vulnerable groups including women and children, provide basic services to people in displacement camps, including food, medical assistance and education for children, and operationalise the Humanitarian Fund for Migration of Effects and Resettlement of Victims of Post 2007 Election Violence. In relation to measures to promote reconciliation, healing and restoration, the Parties agreed that joint peace rallies should be held by all leaders of political parties and to upholding freedom of expression, press and peaceful assembly. The Parties agreed that “All Inclusive Reconciliation and Peacebuilding Committees” should be established at the grassroots levels, a Truth, Justice and Reconciliation Commission should be established, and a law on registration of persons be revised to remove the emphasis on ethnicity.

The 14 February 2008 Statement set out immediate steps to address the disputed presidential electoral results. It further set out the broad areas of reform that would be necessary to address the root causes of the conflict, including comprehensive Constitutional reform, electoral reform, the Truth, Justice and Reconciliation Commission, identification and prosecution of perpetrators of violence, respect for human rights, parliamentary and police reform, and legal and judicial reform. It also provided for more long-term reforms, including land reform, tackling poverty and inequity, regional development imbalances, unemployment particularly among the youth, reform of the public service, public accountability and anti-corruption measures and transparency.

The 28 February 2008 Agreement acknowledged the divisions threatening the unity of the country and the Parties agreed to enact a National Accord and Reconciliation Act to set out the power-sharing arrangements for the 10th Parliament.

The 4 March 2008 Agreement set out the agreements of the Parties on the functioning of the Commission of Inquiry on Post-Election Violence, which was instituted to conduct impartial, effective and expeditious investigations into human rights violations. In addition to investigating facts, acts and omissions, the Commission would make recommendations on measures for criminal accountability, among others, and make recommendations to the Truth, Justice and Reconciliation Commission.

A second 4 March 2008 Agreement addressed longer-term challenges, and the Parties agreed to establish the following five stages for the Constitutional review process: 1) statutory Constitutional review; 2) Constitutional Referendum Law; 3) comprehensive draft Constitution; 4) approval of proposals for the new Constitution; and 5) referendum on the new Constitution.

A third 4 March 2008 Agreement set out the parameters and principles for establishing a Truth, Justice and Reconciliation Commission. It would be created through an act of Parliament within four weeks and its inquiries would encompass human rights violations committed by the State, groups or individuals, as well as major economic crimes and land and other historical injustices, in the period between 1963 and 2008. The Parties agreed that no blanket amnesty would be provided for past crimes. The Agreement set out the principles, such as independence, which should guide the Commission and provided for its composition and timelines of finalisation of its work.

In another Agreement on longer-term challenges, of May 2008, the Parties recognised the root causes of the conflict to include poverty, inequality of access to resources and perceptions of historical injustices. The Parties reaffirmed their commitment to constitutional, institutional and legal reforms, and land reform, and recognised the need for poverty eradication and equitable development, which they pledged to make a top priority for the Coalition Government. The Parties also agreed to prioritise the development of a comprehensive strategy to address unemployment, particularly of youth, and proposed the introduction of legislation to fight discrimination. They also highlighted the importance of the recommendations of the Truth, Justice and Reconciliation Commission being implemented to address challenges of impunity and transparency. The Agreement also provided for a matrix of implementation, setting out the key actions and timeframes.