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Cablegate: Kenya's Electoral Crisis: February 4 Agreement

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UNCLAS SECTION 01 OF 02 NAIROBI 000371

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL PHUM KDEM KE
SUBJECT: KENYA'S ELECTORAL CRISIS: FEBRUARY 4 AGREEMENT
BETWEEN PNU AND ODM

1. On February 4, PNU and ODM 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 4, 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 29th 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.

1. With Respect to Immediate Measures to Address the
Humanitarian Crisis:

a. Assist and encourage displaced persons to go back to
their homes or other areas and to have safe passage and
security throughout

b. Provide adequate security and protection, particularly
for vulnerable groups, including women and children in the
camps.

c. Provision of basic services for people in displaced
camps:

-Ensure that there is adequate food, water, sanitation and
shelter within the affected communities - both those in
displaced camps and those remaining in their communities.

-Provide medical assistance with a special focus for women,
children, people living with HIV and AIDS and the disabled,
currently in displaced camps.

-Ensure all children have access to education. This will
involve reconstruction of schools; encouraging return of
teaching staff and provision of teaching materials, and
assistance for children to return to their learning
institutions.

d. Provide information centres where the affected can get
easy access to information regarding the assistance that is
available to them and how to access it, for example,
support for reconstruction of livelihoods, or tracing of
family members.

e. Operationalise the Humanitarian Fund for Mitigation of
Effects and Resettlement of Victims of Post 2007 Election
Violence expeditiously by establishing a bi-partisan,
multi-sectoral Board with streamlined procedures to
disburse funds rapidly.

f. The Fund is open to public contributions and all
citizens and friendly countries, governments and
international institutions to donate generously.

g. Ensure close linkages with the ongoing national and
international assistance to to enhance the effectiveness of
delivery.

h. Ensure that victims of violence in urban areas are not
neglected in the implementation of the above.

i. In order to promote food security, displaced farmers

NAIROBI 00000371 002 OF 002


should be assisted to return to their farms. All farmers
affected by the crisis should be assisted and encouraged to
safely resume their farming activities.

2. With Respect to Immediate Measures to Promote
Reconciliation, Healing and Restoration:

a. Joint peace rallies should be convened by all leaders
of parties to promote peace and reconciliation.

b. Ensure that the freedom of expression, press freedom
and the right to peaceful assembly are upheld.

c. Peaceful assembly as guaranteed by the Constitution
should be protected and facilitated.

d. All-inclusive Reconciliation and Peacebuilding
Committees at the grassroots level should be established.
The committees should involve the provincial
administration, council of elders, women, the youth,
conflict resolution/civil society organizations.

e. Counseling support should be provided to those affected
communities.

f. A national resettlement programme should be developed.

g. The law on registration of persons should be reviewed to
remove the emphasis on ethnicity.

h. A Truth, Justice and Reconciliation Commission that
includes local and international jurists should be
established.

i. Welcome and encourage the United Nations High
Commissioner for Human Rights investigatory team.


3. Recommendation to Parliamentarians:

Request the Speaker of Parliament to urgently convene a meeting
of all members (Kamukunji) so that the Committee has the
opportunity to inform Parliamentarians of the progress of the
National Dialogue and Reconciliation.

4. Briefing on Proqress to the Principals:

The Panel of Eminent African Personalities will provide
periodic joint briefings to H.E. Mwai Kibaki and Hon. Raila
Odinga.

5. Implementation of Recommendations:

Weekly progress reports on implementation of these and other
recommendations to be made to the Committee by the relevant
parties/institutions.

Signed this day, February 4, 2008

On behalf of Government/PNU On behalf of ODM

Hon. Martha Karua Hon. Musalia Mudavadi
Hon. James Ongeri Hon. William Ruto
Hon. Mutula Kilonzo Hon. Sally Kosgei
Hon. Moses Wetangula Hon. James Orengo

Witnessed by:

For Panel of Eminent African Personalities
H.E. Kofi Annan
Chairman

End text.

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