Search

 

Cablegate: Kenya's Electoral Crisis: Pnu And

VZCZCXRO9577
OO RUEHROV
DE RUEHNR #0370/01 0360829
ZNR UUUUU ZZH
O 050829Z FEB 08
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4554
RUCNIAD/IGAD COLLECTIVE
RUEHDS/AMEMBASSY ADDIS ABABA 9875
RUEHDR/AMEMBASSY DAR ES SALAAM 5765
RUEHDJ/AMEMBASSY DJIBOUTI 5092
RUEHKM/AMEMBASSY KAMPALA 2603
RUEHKH/AMEMBASSY KHARTOUM 1871
RUEHLO/AMEMBASSY LONDON 2635
RUEHFR/AMEMBASSY PARIS 2569
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RHMFIUU/CJTF HOA

UNCLAS SECTION 01 OF 05 NAIROBI 000370

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL PHUM KDEM KE
SUBJECT: KENYA'S ELECTORAL CRISIS: PNU AND
ODM AGREE AGENDA AND TIMETABLE FOR FURTHER
NEGOTIATIONS

1. Summary: The Party of National Unity
(PNU) and the Orange Democratic Movement
(ODM) agreed a framework for further
negotiations to resolve Kenya's electoral
crisis. The parties signed several
documents, all of which were witnessed by
former UN Secretary General Kofi Annan in
his capacity as mediator on behalf of the
African Eminent Leaders.

2. The parties issued the following Joint
Statement.

Begin text.

JOINT STATEMENT BY THE KENYAN NATIONAL
DIALOGUE AND RECONCILIATION

At its third session held on 1 February
2008, under the chairmanship of Mr Kofi
Annan, chairman of the panel of Eminent
African Personalities, the parties to the
Kenyan National Dialogue and Reconciliation,
namely the Government of Kenya/Party of
National Unity and the Orange Democratic
Movement, agreed on the agenda and timetable
for the talks.

The agenda contains the following items:
Immediate Action to Stop Violence and
Restore Fundamental Rights and Liberties;
Immediate Measures to Address the
Humanitarian Crisis, Promote Reconciliation,
Healing and Restoration; How to Overcome the
Current Political Crisis; and Long-Term
Issues and Solutions.

The parties also agreed on a joint public
statement reflecting the agreements reached
on specific actions to address agenda item
number 1 (Immediate Action to Stop Violence
and Restore Fundamental Rights and Liberties).

These actions include among others
refraining from irresponsible and
provocative statements; holding joint
meetings to promote peace and tranquility
and demobilizing and disbanding illegal
armed groups and militia; ensuring freedom
of expression, press freedom and the right
to peaceful assembly; the impartial,
effective and expeditious investigation of
all cases of crime and police brutality
and/or excessive use of force; the
protection and assistance to the safe return
of all internally displaced persons to their
homes and places of work.

The parties agreed that the first three
agenda items would be resolved within 7 to
15 days from the date the dialogue began on
29 January 2008. The fourth agenda item
would be resolved within one year of that
date.

The parties will resume work on Monday 4
February, 2008.

End text.

3. The parties signed the following Agenda
and timetable for future talks.

Begin Text.

KENYAN NATIONAL DIALOGUE AND RECONCILIATION
THROUGH THE MEDIATION OF H.E. KOFI A. ANNAN
AND THE PANEL OF EMINENT AFRICAN
PERSONALITIES ON THE RESOLUTION OF THE
POLITICAL CRISIS


NAIROBI 00000370 002 OF 005


ANNOTATED AGENDA AND TIMETABLE

At the fourth session held on 1 February
2008 under the chairmanship of Mr. Kofi
Annan, of the Panel of Eminent African
Personalities, the Parties to the Kenyan
National Dialogue and Reconciliation on
the resolution of the political crisis and
its root causes, namely the Government of
Kenya/Party of National Unity and the
Orange Democratic Movement, agreed on the
following Agenda for the dialogue:

A. ANNOTATED AGENDA

1. IMMEDIATE ACTION TO STOP VIOLENCE AND
RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES
Both Parties understand that resolving this
crisis politically is a matter of immediate
priority and have reiterated their
commitment to finding a just and durable
solution. Discussions on Agenda point 1 will
be conducted to identify and agree on the
modalities of implementation of immediate
action aimed at:

-Stopping the wave of violence that has
gripped the country since the announcement
of the results of the Presidential
Elections;

-Enhancing the security and protection of
the population and their property;

-Restoring the respect for the sanctity of
human life;

-Ensuring that the freedom of expression,
press freedom and the right to peaceful
assembly are upheld;

2. IMMEDIATE MEASURES TO ADDRESS THE
HUMANITARIAN CRISIS, PROMOTE RECONCILIATION,
HEALING AND RESTORATION

Discussions will be conducted to identify
and agree on the modalities of implementation
of immediate measures aimed at:

-Ensuring that the assistance to the
affected communities and individuals is
delivered more effectively;

-Ensuring the impartial, effective and
expeditious investigation of gross and
systematic violations of human rights and
that those found guilty are brought to
justice;


-Ensuring that the processes of national
healing, reconciliation and restoration
start at once.

3. HOW TO OVERCOME THE CURRENT POLITICAL
CRISIS

Under this Agenda item, the Parties will
negotiate and agree on a solution towards
resolving the political crisis arising from
the disputed presidential electoral results
as well as the ensuing violence in Kenya,

The current crisis revolves, in large
measure, around the issues of power and the
functioning of state institutions. Its
resolution may require adjustments to the
current constitutional, legal and
institutional frameworks.

4. LONG-TERM ISSUES AND SOLUTIONS

NAIROBI 00000370 003 OF 005


Poverty, the inequitable distribution of
resources and perceptions of historical
injustices and exclusion on the part of
segments of the Kenyan society constitute
the underlying causes of the prevailing
social tensions, instability and cycle of
violence. Discussions under this Agenda item
will be conducted to examine and proposed
solutions for long-standing issues such as,
inter alia:

-Undertaking constitutional, legal and
institutional reform

-Tackling poverty and inequity, as well as
combating regional development imbalances;

-Tackling unemployment, particularly among
the youth;

-Consolidating national cohesion and unity;

-Undertaking a Land Reform;

-Addressing transparency, accountability and
impunity.

B) TIMETABLE

The Parties agreed that Agenda items 1, 2
and 3 would be resolved within a period of
between 7 and 15 days from the date of
commencement of the Dialogue, while Agenda
item 4 would be resolved within a period of
one year after the commencement of the
Dialogue (launched on 28 January 2008)


Done in Nairobi, Kenya, on 1 February 2008
For the Government/PNU Delegation: Martha Karua
For the ODM Delegation: Musalia Mudavadi
Witnessed by Chairperson: Kofi Annan

4. The parties also issued the following Public
Statement.

Begin text.

Public Statement
Kenya National Dialogue and Reconciliation
Mediated by H.E. Kofi Annan and the Panel of Eminent
African Personalities

Feb 1, 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 2ffh
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.

Noting with concern the situation of insecurity in the
country;

We need to take the following steps to immediately halt the
violence:

1. To the Police:

a. The police must act in accordance with the Constitution

NAIROBI 00000370 004 OF 005


and the law and in particular the Police Act and the Force
Standing Orders. While the police are entitled to use
reasonable force to protect vulnerable populations and in
case of self defence, live bullets must not be used on
unarmed civilians in unjustifiable circumstances.

b. The security forces must carry out their duties and
responsibilities with complete impartiality and without
regard to ethnicity, political persuasion, or other
partisan consideration.

c. The deployment of the security agents must at all times
promote and reflect national integration and harmony.

d. In order to harmonise security activities at all levels,
there is a need for the cross flow of information between
administrative units and the leadership at every level.

2. To the Public:

a. All leaders should embrace and preach the peaceful
coexistence of all communities and refrain from
irresponsible and provocative statements.

b. Mobilise local community, religious, political, business
and civil society leaders to hold joint meetings to promote
peace and tranquility and stand up for justice and
fairness.

c. All Kenyan citizens should stop acts of violence.

d. All illegal armed groups and militias should be
demobilized and disbanded.

e. 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.

f. We call upon the victims and those affected by violence
to exercise restraint and avoid any acts of revenge or
retaliation.

3. As to the restoration of fundamental riqhts and civil
liberties:

a. Ensure that the freedom of expression, press freedom
and the right to peaceful assembly are upheld. A suitable
code of conduct on live coverage broadcasts, should be
developed promptly by the Media Council in consultation
with the Ministry of Information and implemented forthwith.
This should include punitive measures against abuse.

b. Peaceful assembly as guaranteed by the Constitution
should be protected and facilitated. Leaders and the public
attending such meetings must ensure that meetings are
peaceful, orderly and conducted in conformity with the law.

c. Impartial, effective and expeditious investigations on
all cases of crime and police brutality and/or excessive
use of force should be undertaken forthwith.

d. Enforce law and order to protect life and property, and
to ensure that roads and railways are open and safe for
people, goods and services. Major transit routes must be
secured and safe passage on all internal road networks
throughout the country be guaranteed.

e. All workers, both public and private, must be assisted
to return safely back to their places of work. Reopen all
institutions of learning and assist teachers and children
to return in an environment of safety.

f. All internally displaced persons should be protected and
assisted to return safely to their homes and places of work
and their rights to reside anywhere in the country be
upheld.

g. 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

NAIROBI 00000370 005 OF 005


safely resume their farming activities.

h. Hate and threatening messages, leaflets, sms, or any
other broadcasts of that nature must cease forthwith.

i. All criminal activities, particularly those of a violent
nature, should be prosecuted forthwith.

Signed on this day, February 1, 2008

On behalf of the government/PNU:

Hon. Martha Karua
Hon. Sam Ongeri
Hon. Mutula Kilonzo

On behalf of ODM:

Hon. Musalia Mudavadi
Hon. William Ruto
Hon. James Orengo

Witnessed by:
For the Panel of Aminent African Personalities
H.E. Kofi A. Annan
Chairperson
End text.

RANNEBERGER

© Scoop Media

 
 
 
 
 
World Headlines

 

Werewolf: Gordon Campbell On North Korea, Neo-Nazism, And Milo

With a bit of luck the planet won’t be devastated by nuclear war in the next few days. US President Donald Trump will have begun to fixate on some other way to gratify his self-esteem – maybe by invading Venezuela or starting a war with Iran. More>>

Victory Declared: New Stabilisation Funding From NZ As Mosul Is Retaken

New Zealand has congratulated the Iraqi government on the successful liberation of Mosul from ISIS after a long and hard-fought campaign. More>>

Gordon Campbell: On The Current US Moves Against North Korea

If Martians visited early last week, they’d probably be scratching their heads as to why North Korea was being treated as a potential trigger for global conflict... More>>

ALSO:

Gordon Campbell: On The Lessons From Corbyn’s Campaign

Leaving partisan politics aside – and ignoring Jeremy Corbyn’s sensational election campaign for a moment – it has to be said that Britain is now really up shit creek... More>>

ALSO:

Another US Court: Fourth Circuit Rules Muslim Ban Discriminatory

ACLU: Step by step, point by point, the court laid out what has been clear from the start: The president promised to ban Muslims from the United States, and his executive orders are an attempt to do just that. More>>

ALSO:

 
 
 
 
 
 
  • Pacific.Scoop
  • Cafe Pacific
  • PMC