MINUTES OF THE CCP MEETING – 30/05/08

MINUTES OF THE CCP MEETING HELD AT OXFAM OFFICES, SHELTER AFRIQUE HOUSE ON 30/05/08

CORE GROUP MEMBERS PRESENT

1. Amb. Bethuel Kiplagat

2. George Wachira

OTHER MEMBERS PRESENT

Matters Arising

1. Amnesty

The government has declared its stand on this issue and wants to grant amnesty to criminals. These are extraneous times and a solution that is both political and social is needed.

Action

To voice our position on this as Concerned Citizens of Peace.

2. Kenya Burning exhibition

Follow-up on having the exhibition at Parliament is ongoing. There is need to secure a meeting with the Speaker for this initiative to follow through.

There’s a feature on this exhibition in last weeks Newsweek.

3. Public Debate in the Media

NTV is working on a concept for a new programme, so meanwhile CCP can hold on to this for a while.

KBC radio and KBC television have agreed to host 4 people (2 for radio & 2 for TV) from CCP in an interactive programme. CCP is supposed to come up with the topic for discussion.

4. Conflict Sensitive Journalism

NPI-AFRICA : Invitation to Reflection on African Traditional Justice mechanisms

NAIROBI PEACE INITIATIVE-AFRICA

5th Floor, New Waumini House Telephone 254-20-4441444

Waiyaki Way 254-20-4440098

Westlands Facsimile 254-20-4440097

P.O Box 14894-00800 254-20-4445177

Nairobi, Kenya E-mail info@npi-africa.org

Invitation to Reflection

Greetings!

NPI-Africa is pleased to invite you to a reflection on African Traditional Justice mechanisms (ATJM) with special focus on the Mato Oput of Uganda as a means to truth, justice and reconciliation in post-conflict societies.

As a peace resource organization, NPI-Africa has traditionally offered space for reflection on issues of peace and conflict in Africa with a view to providing critical analysis that informs and improves peacebuilding practice.

Through its Research, Learning and Policy Programme, NPI-Africa invites you to participate in the above mentioned reflection whose guest speaker will be Rev. Fr. Kizito Menanga a Jesuit from the Democratic Republic of Congo. Rev. Fr. Kizito holds Masters Degrees in Philosophy and Theology and spent considerable time in Uganda acquiring pastoral experience. Rev. Fr. Kizito will dwell on the principals behind the practice, how ATJM can compliment/supplement Transitional Justice and Reconciliation given current realities and some of the challenges.

REFLECTION DATE AND VENUE

The reflection will be held on Friday 16^th May from exactly 2.00pm in the NPI-Africa Boardroom located on the 5^th Floor of the New Waumini House, Westlands. You are welcomed to share in a light snack which will be served in the Boardroom from 1.30pm.

NPI-Africa: Truth and Reconciliation Commissions in Africa: Lessons and Implications for Kenya

Truth and Reconciliation Commissions in Africa:

Lessons and Implications for Kenya

A Briefing Paper

By George WachiraI and Prisca Kamunge

This brief indicates some lessons and problems from TRC experiences in Africa and makes

recommendations for Kenya. Drawing on experiences from South Africa, Sierra Leone, Liberia,

Ghana and DRC, this brief cautions that previous TRCs have not been as successful as is

sometimes assumed While the South African TRC (SATRC) gave new prominence to TRCs (or

TJRC in the case of Kenya3), it has led to a fzxation on a particular form of transitional justice at

the expense of careful consideration of the goals sought and the context of the specific transitions.

For the Kenyan TJRC to succeed it will have to respond to some of the problems identified.

I LESSONS, PROBLEM AREAS AND RECOMMENDATIONS

Lesson and Problem Area 1:

TRCs Have not been as Successful as is often Assumed as tools

for truth, justice, reconciliation or national unity.

This is because:

o Victim-focused recommendations are ignored, delayed or only partially implemented.

o Citizens’ expectations are often outside the mandate and capacity of the TRC.

o Victims come before the TRCs in large numbers while perpetrators tend to stay away

o Perpetrators quickly get amnesty while the threatened prosecution is never followed up

o TRCs have often been politically-correct, focusing only on non-controversial truth

o Given their poor follow-up on recommendations, particularly those pertaining to

reparations to victims in the context of great material need, TRCs are increasingly viewed

as facilitating the very impunity they set out to reverse as perpetrators get away without

accountability while the victims’ needs are not met

Recommendations:

Ø Clear goals must be articulated and communicated to the public as to what the TIRC

hopes to achieve with regard to each of the three elements (truth, justice and reconciliation).

Ø A commitment by the government to implement recommendations and undertake

necessary follow-up should be secured up front.

Ø The TJRC Act should provide for an Independent Follow-up Mechanism with a clear

mandate to spearhead the implementation of the TJRC’s recommendations.

Ø The government’s commitment to cooperate and support the process and follow-up

should be secured through a presidential order, as recommended by the Makau Mutua

Task Force on the TJRC in 2003.

Ø Public expectations can be managed through a careful awareness campaign, wide

consultations and clear articulation of the purpose and role of the TJRC, and its relationship, synergies or linkages with concurrent commissions, competent institutions

and follow-up mechanisms (where applicable).

Ø In its legislation and design, the TIRC should have clearly stated linkages with other

related institutions or commissions such as the Office of the Ombudsman, the Lands

Commission or the Kenya National Commission on Human Rights. The framework for

such collaboration and linkages should be worked out before the commission concludes

its work.

Lesson and problem area 2: Overriding Expectations of Material Compensation

Kenya has to weigh carefully what the primary purpose of the TIRC is to be.

TJRC: NPI-Africa briefing-paper – Lessons and Implications for Kenya

NPI-Africa : TJRC – Truth and Reconciliation Commissions and Transitional Justice in Africa: Lessons and Implications for Kenya

NPI-Africa

A Peace Research Organization

Background Paper: April 2008

Truth and Reconciliation Commissions and Transitional Justice in

Africa: Lessons and Implications for Kenya

By George Wachira1 and Prisca Kamungi2

This Policy Brief is intended to contribute to the public debate on the proposed Truth,

Justice and Reconciliation Commission (TJRC) for Kenya. The content is informed by

ongoing research being carried out by NP I-Africa and the West Africa Network for

Peacebuilding (WANEP). Focusing specifically on respondent’s expectations and

perceptions, the research aims at drawing out lessons from transitional justice

experiences in Africa, in particular the increasingly popular TRC approach. The

research examined three countries that have concluded their TRCs or equivalents

(Ghana, Sierra Leone and South Africa), one that is in the process of implementing

(Liberia) and two that are still considering setting up TRCs (DRC, Kenya). Respondents

were drawn from a wide sample of victims, experts, former commissioners, civil society

actors, government officials, perpetrators, individuals who gave testimonies or submitted

statements to the commissions, relatives of victims, care professionals and researchers,

among others.

I. Introduction

The debate on the formation of a TRC3 in Kenya has been before the public for some

time. In the lead-up to the 2002 elections that marked the end of the 24-year regime of

Daniel Arap Moi, opposition politicians and civil society activists advocated for a Truth

and Reconciliation Commission (TRC) to address past human rights violations. After the

opposition’s victory, the new government appointed a Task Force in 2003 headed by

Prof. Makau Mutua to seek the public’s views on the formation of a TRC.4 The Task

Force recommended the formation of a Truth, Justice and Reconciliation Commission

(TJRC) to investigate:

Ø political assassinations and killings

Ø Massacres and possible genocides

Ø Political violence and murder of democracy advocates

Ø Torture, exile, disappearances, detention and persecution of opponents

Ø Rape

Ø Politically instigated ethnic clashes and

Ø Violations of economic, social and cultural rights

CONCERNED CITIZENS FOR PEACE MEETING – Friday 18th April 2008

CONCERNED CITIZENS FOR PEACE MEETING – Friday 18^th April 2008

1. IDP’s

• There are 250 camps still existing countrywide. Little concrete solution for them and we don’t want them to become a forgotten species. Need symbolic gesture to remind govt and public about this situation – a group from CCP to spend night in the camps. Through this, they can strengthen the call for political leaders to go visit, as most still haven’t.

• Suggestion to go to a smaller camp and spend the night there in solidarity with occupants and to draw media to the issue and collect a view of different opinions of those staying there. There is a small camp at the Good News Church in Molo that would be appropriate, and other suggestions welcomed. Who’s interested?

• Lights needed for camps- women can’t go out at night because it is unsafe. Kids can’t do homework. Cheap effective lighting needed, particularly in the ‘unrecognised camps’ eg in Nairobi only 6 camps officially recognised and therefore supported by Govt and Red Cross. However there are 6 camps in Mathare alone and conditions in the unofficial camps are very bad – limited shelter, food water, sanitation.

• Elderly and resettlement brings up separate issues. Most are terrified about going back. It might be necessary to create a home for the aged to cater for those who are 65 years and above.

• Need to push Annan to make statement re: IDP’s and to find out exactly what Govts plans are for them. Check with Dept in Office of the President (Mr Maina), with UN, and Red Cross. Also with Minister for Special Projects. PC’s and DC’s. There is information about location of all camps, official and unofficial and it needs to be collated. Study needs to be done on who has gone back, how, and whether it is effective. Some, particularly in rural areas will really struggle to return owing to changed conditions and decisions need to be made about what to do there.

• Amani Welfare Association – Working on a system of re-integration. Giving small stipends – 6000/- for rent and business set up. Has raised Shs 1 mill through private funds. Civil society needs to assist further as it clear from cases all over the world that governments never manage to resettle all IDP’s.

• A tally of property that has been taken over needs to be made. Eg farms in Molo occupied, houses in Eldoret and all over etc. In Mathare IDP’s are living in tents 100 metres away from their homes which have been squatted. Plans to torch the homes with squatters inside on Sunday 13^th were stopped by intervention through Kenya Veterans for Peace who work with CCP. But second cycle of violence could arise from this explosive situation, particularly in urban areas. It is the seed of the next explosion in Nairobi unless it is dealt with. No leader has yet spoken about this and statement needs to be made about securing IDP property before revenge cycle begins. Coalition Govt must make joint statement about vacating property that doesn’t belong to you. Media too needs to begin examining this issue. Specifically can the Concerned Kenyan Writers help here? Jacob Kaloki – Kenya Veterans for Peace on 0720 878 798 can provide information on how they prevented houses in Mathare being torched a week ago and what the situation on the ground is on the issue of appropriated property. Anyone?

• People need to register their loss of property with the DC and the chiefs. A comprehensive record needs to be created so work can begin on sorting this out and returning items to their rightful owners

2. Misc other items

Amani Sasa Newsletter – 008

Aggrey Omondi: Force Positive in Siaya….by By Jessica Hoy and Angela Vance

THE WATCHMAN – A Season for Wondering …By Eric Guantai

This weeks profile George Wachira….Compiled by Dolphine Ndeda

Remembering Our First Responders…By Sahondra Kiplagat

Amani Sasa Newsletter – 008