WOMEN SPEAK ON THE WAY FORWARD FOR KENYA

Kenyan women assert their right to be heard and included in the
Kenyan peace process

Women’s Coalition on Peace Memorandum to The National Dialogue &
Reconciliation Committee’s Eminent Persons Serena Hotel, Nairobi
March 1, 2008

 Your Excellency Kofi Annan
 Your Excellency Graça Machel
 Your Excellency Benjamin Mkapa

We congratulate you, the Eminent Persons and the mediation teams and
their principals on the breakthrough achieved with regards to Agenda
Item Number 3 of the Kenya National Dialogue on Reconciliation: the
“Agreement on the Principles of Partnership of the Coalition
Government”. We thank you for the immense work that has been
undertaken by yourselves in the past five weeks in Kenya. The Women’s
Coalition for Sustainable Peace, are aware that women and children
have experienced the brunt of the post-electoral violence that has
occurred in Kenya since 30th December, 2007.

We commend the work of the Panel of Eminent Persons, which marks a
watershed and milestone in the history of Africa. The African peoples
represented through the African Union which mandated the Panel of
Eminent Persons, stood together and refused to allow Kenya to become
another failed state. We are humbled by the generosity of the
international community represented through the UN, AU, EU, UK, US
and others. The immediate impact of the resolution of Agenda Item 3
has already been felt as you may have observed in the reactions of
ordinary Kenyans as they began to release the anxiety which they have
lived with for the past two months. Yesterday (29th February, 2008),
for the first time in two months, Kenyans were able to walk again in
their beloved Uhuru Park a clear sign of the return of hope.

The speeches of the principals His Excellency Mwai Kibaki and
Honourable Raila Odinga, were reassuring to the Kenyan people. We
trust that they will uphold the promises and commitments that they
made. We as citizens will be holding them accountable. Given the
leadership demonstrated by the Kenya 2 National Dialogue on
Reconciliation it behoves the Kenyan people to guard, sustain, uphold
and nurture the new and fragile return to peace.

Kenya is now embarking on a reconstruction. Some of the key factors
that precipitated and exacerbated the Kenyan post-electoral crisis
were the lack of a sound foundation. We believe that the following
are some of the necessary elements of a vibrant, prosperous, just and
peaceful state: inclusion, equality, integrity, justice,
transparency, accountability, professionalism, tolerance and strong
institutions that respect, can sustain and protect these values

The Women’s Coalition recognises that ensuring the sustainability of
the agreements reached is dependent on the vigilance of Kenyan
citizens. To this end, Kenyan women believe the following are
imperative:

1. Accountability and monitoring mechanisms for the agreements made
to date namely:

- The disbanding and demobilisation of all illegal armed and militia
groups

- The holding of joint rallies to promote peace and tranquillity

- The impartial effective and expeditious investigation into all
cases of crime and police brutality and use of excessive force

- Protection and assistance for internally displaced persons
especially women and the safe return to their homes and places of work

- The establishment of a Truth Justice and Reconciliation Commission

- The establishment of an Independent Review Commission to
investigate all aspects of the 2007 Elections

- The Agreement on the Principles of Partnership of the Coalition
Government and its implementing mechanism the National Accord and
Reconciliation Act [2008]

2. Implementing mechanisms for the agreements made.

Participation mechanisms that will ensure that all citizens own, are
aware of, accountable for and participate in the implementation of
the agreements made. Recognising that the “Agreement on the
Principles of Partnership of the Coalition Government” is a contract
between the Kenyan people and will 3 constitute the foundation of the
future Kenyan nation it is particularly important that the citizens
participate in and are fully informed of the processes. Kenya has a
legacy of secrecy, with regards to its governance mechanisms and
systems, the “Agreement on the Principles of Partnership of the
Coalition Government” presents an opportunity to break with this past
and create a true culture of constitutionalism and participatory
democracy.

3. Gender parity and equality: As women we are also particularly
concerned about Kenya’s legacy of inequality – especially gender
inequality. The majority of Kenya’s poor are women. Kenya’s
Constitution still does not grant women full citizenship and
legalises gender based discrimination – women are therefore under-
represented in all of the country’s decision-making institutions. The
country has a high incidence of gender based violence and it has been
observed during the post-electoral crisis that one of its
manifestations has been an increase in sexual and gender based violence.

Given this legacy of deeply entrenched gender inequality, it is
therefore imperative that there be mechanisms for the inclusion and
participation of women in and at all decision-making levels and
processes. It is therefore imperative that the team drafting the
National Accord and Reconciliation Act [2008] include women and make
provision for women’s participation and representation in all processes.

Women are therefore concerned that they are represented and
participate in:

- The formation of the new cabinet, senior positions in the public
service and at all other levels of representation in ALL public
institutions, decision making mechanisms, political parties,
technical and advisory bodies.

- The Truth, Justice and Reconciliation Commission

- The Independent Review Commission on the Conduct of the 2007 Elections

- All implementation mechanisms of the “Agreement on the Principles
of Partnership of the Coalition Government” and the National Accord
and Reconciliation Act [2008]

- Addressing the subject matter of Agenda Item 4 – “Long-term Issues
and Solutions” which is intended to address the fundamental root
causes of recurrent conflict in Kenya (namely constitutional reform,
judicial reform, land ownership and reform, institutional reform,
poverty, inequality).

4. The special condition of internally displaced women: We wish to
bring to the attention of the Kenya National Dialogue on
Reconciliation, that many of the internally displaced persons are
women and children. Given the gender and cultural biases in land
ownership practises, most of the women who had been culturally
displaced from their own homes and had sought refuge in urban areas
away are now in double-jeopardy and require special and urgent
measures to settle them.

5. Women peace builders and peacemakers: Women have always been
historically engaged in peace processes. Many women were on the
forefront in this crisis providing humanitarian support and have been
part of the peace-building process. This expertise has been engaged
in our own situation and we commend the role of all the Kenyan women
who have chosen to and remained committed to working for a peaceful
resolution of the Kenyan crisis at all levels. We recommend that role
of these women be acknowledged and appreciated at all levels.

6. Benchmarks, measurable outcomes and timeframes for the achievement
of key agreements. There is need to develop a monitoring framework
for the agreements that incorporates key benchmarks, measurable
outcomes and timeframes for the achievement of the key agreements.

In conclusion, we as the women of Kenya will continue engaging with
our Parliament as the organ with the first implementing
responsibility and urge them to be instructed and guided by the
values and principles identified upon by you. We will also continue
engaging at all other levels to play whatever role we can to ensure
that all the agreements are kept.

*Signed & Dated 1 March 2008 On behalf of the Women’s Coalition.