News

Story by ODHIAMBO ORLALE and LUCAS BARASA

Government and ODM mediators have agreed on major steps aimed at resolving the political crisis caused by the disputed Presidential election. Among the key issues was the setting up of a Truth and Reconciliation Commission, encourage and help displaced people to settle back in their homes or other areas and have safe passage and security throughout.

Others were to encourage the UN High Commissioner for Human Rights investigation team and to ensure freedom of expression, press and peaceful assembly.

The truth commission should have as its members local and international jurists, the team, meeting under the chairmanship of former UN Secretary General Kofi Annan announced.

Mr Annan said that the PNU and ODM representatives unanimously agreed on the immediate measures to promote peace, reconciliation, healing and restoration. The proposed peace rallies should be convened by leaders of all political parties.

Immediately after the pact was made public, the Government lifted the ban on live coverage which had been imposed after the announcement of the Presidential results in which President Kibaki emerged the winner, but which has been disputed by ODM leader Raila Odinga. But there was no mention of the demand by ODM to be allowed to hold public rallies over the disputed elections.

Legal reforms

Today, the mediation team is to start discussions on the political issues, including how to resolve the disputed Presidential election results, constitutional and other legal reforms. Mr Annan is also scheduled to meet with business leaders in the morning before the start of the talks with Government and ODM representatives.

At yesterday’s talks, South African businessman Cyril Ramaphosa, who had been proposed as one of the chief mediators, withdrew after the Government rejected his role claiming he was an ally of ODM leader Raila Odinga. Mr Annan accepted Mr Ramaphosa’s withdrawal “with regret”. About 1,000 people have died and 350,000 displaced in the violence which erupted following the poll.

The team’s other members are former Tanzanian President Benjamin Mkapa and the wife of former South African President Nelson Mandela, Mrs Graca Machel. They recommended that measures to be implemented immediately should include: --Assist and encourage displaced people to go back to their homes or other areas, and to have safe passage and security throughout;

--Provide adequate security and protection, particularly for vulnerable groups, including women and children in the camps; --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 specific focus on women, children, people living with HIV and Aids and the disabled, currently in camps for displaced; --Ensure all children have access to education. This will involve reconstruction of schools; encouraging return of teaching staff and provision of learning materials, and helping children to return to the institutions;

--Provide information centres where the affected can get information regarding the assistance that is available to them and how to access it, for example, support for reconstruction of their livelihood, or tracing of family members; --Operationalise the Humanitarian Fund for Mitigation of Effects and Resettlement of Victims of Post 2007 Election Violence expeditiously by establishing a bypartisan, multi-sectoral board with streamline procedures to disburse funds rapidly;

--The fund is open to public contributions and all citizens and friendly countries, governments and international institutions to donate generously; --Ensure that victims of violence in urban areas are not neglected;

--Ensure that all-inclusive Reconciliation and Peace Building Committees are established at the grassroots level. The committees should involve the provincial administration, councils of elders, women, youth and conflict resolution or civil society organisations. The team agreed that in order to promote food security, displaced farmers should be assisted to return to their farms safely to resume their activities.

They also agreed that the Speaker of the National assembly, Mr Kenneth Marende, be requested to hold a Kamukunji (informal) meeting of all elected 207 MPs to allow them to ventilate and debate the political crisis.

No time frame was set for implementation of the recommendations as part of the immediate measures to resolve the crisis, but the parties recommended that weekly updates of the progress be made public and given to President Kibaki and Mr Odinga.

In a statement read by Mr Annan after a meeting at Serena Hotel, Nairobi, the parties agreed to welcome and encourage the United Nations Commissioner for Human Rights investigations team to the country to review the post polls violence and the perpetrators.

Affect their work

Asked whether the weekend statements by President Kibaki and the ODM leader, Mr Raila Odinga, over the controversial results would affect their work, Mr Annan said they would put everything on the table.

Said Mr Annan: “We are aware of what PNU and ODM have said, but in any negotiation the parties must hear all sides and then try to bridge the gap.” President Kibaki, who was nominated by PNU, told an African Union heads of states summit in Ethiopia that he was the duly elected Head of State and asked the ODM leader to go to court if he felt aggrieved.

But Mr Odinga maintained that he would not go to court because ODM had no faith in the Judiciary saying it was filled with the President’s cronies. Asked why his recommendation of Mr Ramaphosa, a leading South African businessmen, to stand in as a mediator, was rejected by the PNU side, Mr Annan said he was “bitterly disappointed.”

“We are now going out to look for another mediator, and a deputy, who can sit in while I am away, to ensure continuity because in any negotiation the two parties must agree on who is the mediator,” the former UN boss told the press after the marathon meeting. Education minister, Prof Sam Ongeri, defended the PNU saying they were uncomfortable with the South African and that was why they rejected him. He did not elaborate.

At the same time, the PNU has picked Foreign Affairs minister Moses Wetangula to join the negotiating team as a fourth member on the Government side. The ODM side last week included Ugenya MP James Orengo saying they needed a lawyer on the team. The PNU side was represented by Cabinet ministers Martha Karua (Justice and Constitutional affairs), Prof Ongeri (Education, Mr Wetangula and Mbooni MP Mr Mutula Kilonzo.

ODM side

On the ODM side were by MPs Mr Musalia Mudavadi (Sabatia), Dr Sally Kosgei (Aldai), Mr William Ruto (Eldoret North) and Mr James Orengo (Ugenya). They all signed the document detailing the agreements reached yesterday.

The mediation team further resolved that counselling support should be provided to all affected communities; a national resettlement programme should be developed; and that a law on registration of persons should be reviewed to remove the emphasis on ethnicity.