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KENYA Chapter
Opening address by Hon. Ethuro Ekwe, M.P. AMANI Forum Kenya Chapter at the Discussion Forum on The National Accord and Reconciliation Act and its role in promoting nation building and sustainable peace for development in Kenya.
                                   Tuesday April 29th 2008, Nairobi, Kenya
Honourable Members
Distinguished guests
Ladies and gentle men:
On behalf of AMANI Forum Kenya Chapter, allow me to take this opportunity to thank you all for taking time out of your busy schedules to join us in this Discussion Forum on the National Accord and Reconciliation Act. The aim of this discussion Forum is to critically analyze this accord in the context of promoting nation building and sustainable peace for development in Kenya. The Discussion Forum will also enable us delineate some of the areas that are not contained in the Accord but which require our urgent attention in rebuilding our nation, especially after the post election violence that threatened to tear us apart.
This discussion comes at the most opportune time, when both His Excellency President Mwai Kibaki and Prime Minister Hon. Raila Odinga have conducted joint visits to areas affected by post election violence in Rift Valley Province. We are aware of the challenges associated with the visit, some of which are directly linked to the National Accord. It is thus imperative for us to interact and provide options and agenda action areas through which we can support the process of implementation of this principle document.
Ladies and Gentlemen,
There may be skepticism about the content and practicality of the Accord, both from the legal perspective as well as general applicability in the current social and political environment. There are those who believe that it is too general and may not offer much of a substance that is required to fully take this nation out of the crisis we found ourselves in the days following the announcement of the presidential election results.
However, the symbolic nature of the Accord makes it a key item for consideration in reconnecting the social fabrics that kept us together, despite our political differences. The Accord has deeper meaning to millions of Kenyans affected by post election violence, including over 350,000 in Internally Displaced Persons Camps. It is thus important for us, through discussions like this, to give reality and substance to this document. Whatever comes out of this Forum will be shared with my colleagues in parliament as well as other key actors, who in their separate ways play a role in reconstructing this nation.
Ladies and Gentlemen,
The role of parliament and parliamentarians in fostering peace, security and development is of extreme importance, especially in post conflict reconstruction processes. In their every-day work in parliamentary debates, political party strengthening, maintaining relations with constituents and inter-party dialogues, MPs play crucial roles in averting possible crisis at local and national levels and solidifying the community to common agendas. Whenever peace is threatened in any country, parliament has the obligation to move beyond the familiar boundaries of Executive-Legislature relations, and save the nation. That is why immediately after the signing of the Accord; Parliament was reconvened to pass necessary legislation towards kick starting the implementation process.
But parliament alone may not guarantee quick and full implementation of the various agreements and proposals linked to the spirit of the National Dialogue. There is a need for closer linkages between parliamentarians and civil society actors, research institutions and the academia, in the true spirit of building the nation, to enhance the effectiveness of parliament in fulfilling its mandate. Parliamentarians may not have expertise in all the fields. They may not have adequate time to fully dedicate on critically issues tabled before the House.
But, when few or inconsistent bills are passed, they are blamed. It is therefore important that policy discussions like this be regularized so that Members have adequate information that can boost parliamentary debates. Such discussions should be extended to the proposed bill on Truth, Justice and Reconciliation Commission; reforming electoral laws;Conflict Management and Peace Building; Small arms proliferation among others.
The Kenya Chapter of AMANI Forum will strive to provide the required space for this regular interaction. There are numerous issues that need to be adequately discussed prior to tabling in Parliament. With political will, concerted efforts by all actors, it is my belief that we have the capacity to take this nation further than this. At best we, especially politicians, must always endeavor to serve the interests of majority of Kenyans. Politics is, after all, about human life. I therefore encourage all leaders, especially my colleagues, to play politics in the context of safeguarding the lives of many Kenyans who did their best to put us into positions of leadership.
Ladies and Gentlemen,
As I conclude, I wish to state that we are partners in this common struggle, to bring an end to the culture of violence, instability and underdevelopment, in this country and across the region. We are in the middle of the struggle and the increased arsenal arising from your presence here will make a great change. Let this discussion Forum provide a space for genuine interaction, in view of the fact that your contribution will be instrumental in steering this nation forward.Â
Ahsanteni Sana
            Â
Report
Policy Dialogue on the Kenya National Accord and
Reconciliation Act
Panafric Hotel
29 April 2008
The Great Lakes Parliamentary Forum on Peace-AMANI Forum
Titan Complex, 2nd Floor ¬ Chaka Road
P.O. Box 25592-00603 Nairobi, Kenya
Tel : +254 20 27 30 801-4
Fax : +254 20 27 30 805
Email : communication@amaniforum.org
Participation
The meeting was attended by thirty six people representing civil society, Diplomatic Missions, media, Amani Kenya chapter members of parliament, local and International Non governmental organizations.
Introduction and Opening Remarks
The meeting begun with a brief introduction of participants and welcoming remarks by the Executive Secretary, Ms Salome Katia and Hon Ethuro Ekwe, respectively.
In her opening remark, the Executive secretary introduced the Amani Forum as a network of parliamentarians who are committed to peace and to the peaceful resolution of conflicts, both within their own countries and in the Great Lakes region as a whole. She noted that peace is a precondition to sustainable development and urged the government to speed up the resettlement of internally displaced people (IDPs) 1.Â
           R-L: Former MP Njoki Ndung’u, Hon. Ekwe Ethuro and Ms Salome Katia, AMANI Forum Executive Secretary
Hon Ethuro noted that, the Parliament alone may not guarantee quick and full implementation on the proposals in the National Accord, it is hence necessary to establish links with the civil society, research institutions and the academia.  He then invited the first presenter, the Honorable Njoki Ndung’u former member of Parliament 2.
 Presentation by Hon Njoki Ndung’u
Analysis of the National Accord and Reconciliation Act
Hon Njoki began her presentation by thanking AMANI Forum for the invitation to share her views on the National Accord and Reconciliation Act. She emphasized that her analysis of the Accord offers critical review of the untidiness of the negotiation outcome.
She went further to clarify that the outcome of the National Accord and Reconciliation Act were six (6) agreements. Three of these were political settlements, while the other three were peace settlement.
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1 The Executive Secretary’s speech is annexed to this report
2 Hon. Ethuro’s speech is annexed to this report
Political settlement
The Orange Democratic Party (ODM) and the Party of National Unity (PNU) reached an outdoor political settlement which created the office of Prime Minister and its Deputies. The individual members of the party were however not consulted for their input during the negotiation.
Peace Settlement.
The formation of the Transitional Justice and Reconciliation Committee is a fundamental step towards promoting peace in Kenya. Kenyans were urged to cooperate with the Commission in order to come up with resolution that will encourage sustainable peace.
The promise to deliver a new constitution to Kenyans is one way of making peace. Kenyans have been yearning for a people driven constitution. It is highly expected that the new constitutional dispensation will correct some historical injustices and make Kenya a better nation.  Â
National Accord and Reconciliation Act challenges:
The following are some of the challenges posed by the National Accord and Reconciliation Act:
There was no time frame set up for the coalition to implement the provision of the Accord; this is a serious loophole that can derail the implementation of Accord’s provision.
In the event of disputes, the Accord has the potential to cause confusion among the electorate, citizens may not know which party to blame when the Accord collapses or who to credit for its implementation.
The negotiations were not done to the satisfaction of all the parties concerned, it was more of an agreement between the two chief principals.
The nature of Kenya’s political party may lead to the collapse of the Accord since personality politics is the major drive within the parties.
The two main parties namely the Orange Democratic Party (ODM) and the Party of National Unity (PNU) in the grand coalition do not mention their respective partners in the coalition.
The office of the Prime Minister exists even without the coalition, this means that the coalition can collapse and the Prime minister remains in power.
The Accord presumes that there is no opposition in Parliament.
The following are some of the loopholes of the Accord
The lack of a dispute resolution mechanism between the two parties, namely Orange Democratic Party (ODM) and (PNU).
The powers of Prime Minister are contained in an Act of Parliament which ceases when coalition ends.
The National Accord and Reconciliation Act did not change the standing orders in parliament considering that Kenya is a multiparty democratic State.
The Accord to some extent legalized ethnic politics in Kenya; Politicians now form ethnic blocs to bargain for leadership positions and rewards from the government.
2.1 Plenary debate on the Presentation
It was reported that the body language from politicians indicates their lack of willingness to implement the Accord. Most of the politicians are more concerned with political settlement rather than peace settlement.
 Parliamentarians could not amend the Accord since such a move was seen as taking Kenya back to violence; all the members of Parliament were hence encouraged to consider enacting bills that can improve the lives of ordinary citizens.
It was asserted that the Accord was a temporary measure set up to bring a temporary change, particularly to bring to an end the post-election violence.
The members of parliament present suggested that there is need for an informal meeting between all the legislators to try and internalize some of the provision of the Accord. The de facto and de jure situations regarding the Accord should be analyzed during the above proposed meeting.
Kenyans were urged to interpret the National Accord and Reconciliation Act as part of the Constitution to avoid misinterpretation of facts.
There is need for an active grand opposition to check on the government. It was noted that the party leaders can influence the composition of Parliamentary Committees thereby manipulating their activities and recommendations. It was however noted that the opposition can still operate without any statutory provision.
The Accord was enacted to create an environment that is conducive to for the establishment of a long term reform agenda for Kenyans.
2.1.1Â Â RECOMMENDATIONS
The capacity of Political parties in Kenya should be strengthened; this can be done through the gazetment of the political parties Act.
Political parties need to be driven by ideology and politicians should desist from using their parties as a means of securing parliamentary seat.
Members of Parliaments were urged to embark on Electoral Reforms which should include the dissolution of current Electoral Commission of Kenya (ECK).
Constituency boundaries should be reviewed to ensure proportionate representation.
Kenya should be discouraged from holding Referendum as a way of determining which constitution should be enacted since the result of such a Referendum may end up dividing the country hence not delivering a new Constitution.
Parliament should enact those parts of the reviewed constitution which are not contentious. Thereafter a structured process aimed at building consensus on the contentious issues should be undertaken by parliament.
Amani Forum should engage civil society and other Non governmental organizations in order to monitor the coalition government’s delivery of the National Accord and Reconciliation Act (NARA), particularly the peace settlement component of the Act.
The Forum should act as a voice of the oppressed through holding more policy dialogue series.
PRESENTATION 2
Presenter: Prof Peter Wanyande
Prof Peter Wanyande commended AMANI Forum for organizing the debate on a subject of concern to Kenyans. He extended his gratitude to the Forum for offering him the opportunity to deliver his lecture.
In his introductory remark, he indicated that there is indeed a problem in the National Accord and Reconciliation Act. It is important to think about the spirit of the Accord and the interest of the country rather than personal interest.
RECONSTRUCTING THE SOCIETY
The National Accord and Reconciliation Act major challenge is how to reconstruct Kenya to be a better country where all the citizens are at peace and enjoy their freedom. The reconstruction should enable the community realize their full potential and search; there is an urgent need to identify aspects that require reconstruction.
The following are some of the aspects that need to be reconstructed:
The State is one of the core components to be reconstructed; how can the powers of Executive be reconstructed? Can the National Accord enable Kenyans to restructure the State?
Modern democracies govern through Institutions; Kenya should restructure various governance institutions in order to improve their performance.
The legal system should be restructured; Reallocation of resources in terms of land and employment opportunities should be equitable.
The National Accord and Reconciliation Act Opportunities and benefits:
The post-election violence in Kenya was an aye opener since the people realized that they were not at peace and have been living in lie.
The formation of grand coalition government.
The violence demonstrated to the leadership the power of the people.
The Accord indeed brought to an end the postelection violence and hopelessness was replaced with peace.
The Accord restored the image of Kenya.
The establishment of Truth Justice and Reconciliation Commission gives Kenyans a chance to say the truth on matters affecting their lives.
The Ethnic Relations Commission equips leaders with ideas on how to restructure politics since Kenya’s political economy revolves around ethnicity.
National Accord and Reconciliation Act Challenges:
It was noted that the current coalition government has no reconstruction agenda and timeframe in place to deliver changes Kenyans yearn for. It has prove difficult to harmonize the Orange Democratic Movement (ODM) manifesto and Party of National Unity (PNU) manifesto. There are conservatist forces in the coalition government who are better of with the status quo.
Kenyans were cautioned to desist from proclaiming that the Accord has brought normalcy back, Kenyans wanted real change and the spirit of the Accord should be the ladder to achieving long desired change.
The conflict resolution mechanism should be put in place and be managed by professionals and not the political appointees. The culture of impunity should be brought to an end, leaders should be ready to take individual responsibility and resign when they fail in their duties.
What will happen if the coalition collapses?
There is a high possibility of the country turning to violence.
Possibility of a re-election.
3.1 PLENARY DEBATE
It was observed that Political leaders did not suffer the post election violence. The Accord was arrived at too soon and was signed in a hurry considering that the Chief mediator His Excellency Mr. Kofi Annan had to leave.
The participants observed that the Truth Justice and Reconciliation committee may not achieve its objective going by the history of other committees, for instance, the Ndungu land report whose findings were not considered.
The civil society together with the media should educate the citizens on their roles and advocate for implementation of crucial policies that benefit the society.
Participants
There is a need to change the Kenya’s political culture; political power should be used to serve and not to oppress. The government is expected to lead the management of coalition and the reconstruction process. The laisser faire Approach of management failed the previous NARC government. Coalition government hence requires skilful management.
Members of parliament should prioritize the agenda for change. The National Accord Act indeed threatens the multiparty democracy in Kenya. The Accord should not be a permanent arrangement; it should chat the way towards the reconstruction aiming at sustainable peace and development.
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RECOMMENDATION
The Kenya National chapter Members of Parliament should lobby for the gazetment of political parties Act.
Amani Forum should extend their advocacy work and educate other organs of government on Peace and Conflict Resolution issues.
The Forum should conduct a regional meeting to deliberate on the way forward for Kenya in regards to the National Accord and Reconciliation Act.
There is a general need to develop capacity for early responses to conflicts.
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Close of session
The Executive Secretary, Ms Salome Katia thanked everyone and congratulated the speakers for their good presentation. She noted that people tend to assume that Members of Parliament are equipped to deal with conflict issues. The discussion Forum had dispelled this myth.
Ms Katia also highlighted that the media needed to have a balanced perspective; not only pursuing on the responsibility of elected leaders but also that of the citizenry. Can the media hold Kenyans accountable? How can Kenyans avoid shifting responsibility from this or that actor and instead focus on collective responsibility?
She concluded by stating that the day’s discussions could be branded under ‘Early Warning’; adding that for those who were involved in peace building the challenge is often not ‘early warning’ but rather ‘early response’. Related to this is the question of ‘whom are we warning?’ She reiterated that ultimately, collective responsibility was the only approach to build a better Kenya.
AMANI Forum reaffirmed its commitment to educate members of parliament and the public on security and governance issues.
The Great Lakes Parliamentary Forum on Peace – AMANI Forum
Titan Complex, 2nd Floor – Chaka Road
P.O. Box 25592-00603 Nairobi, Kenya
Cell: +254 720 480 862
Tel: +254 20 27 30 801-4
Fax: +254 20 27 30 805
People for Peace in Africa (PPA)
P O Box 14877
Nairobi
00800, Westlands
Kenya
E-Mail ppa@africaonline.co.ke
Tel 254-20-4441372
   Website : www.peopleforpeaceinafrica.org
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Date:Â Thu, 8 May 2008 10:07:35 +0300
From:Â PEOPLE FOR PEACE
Subject:Â Regional News