Talks to focus on two key proposals Story by BERNARD NAMUNANE
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| Mr Annan: The government will advance the argument at Mondays talks that ODM should form a strong Opposition in the House in line with democratic principles. Photo/ FILE |
Two distinct proposals that could shape the future of Kenya and resolve the political crisis that has convulsed the country will be at the centre of the Kenya National Dialogue and Reconciliation process beginning Monday.
One proposal before the committee calls for a strong ODM opposition in Parliament; the other favours the president-prime minister type of government contained in the Bomas draft constitution.
This next, crucial round of talks gets under way after the major hurdles that threatened to derail the talks between the government side and ODM last Thursday were removed.
It has been obvious since the talks began on January 29 that a pep talk by the chairman, Mr Kofi Annan, and pressure from the international community succeeded in convincing the two sides to cede ground in the search for a political solution.
Sigh of relief
The government dropped its demands for a re-count and a new tally of the presidential votes, while the ODM leadership gave up pushing for the resignation of President Kibaki, a re-run of the elections, or a new election in a years time.
It was agreed that the only option was a political settlement that would bring together the government and ODM sides in a regime whose task would be to enact far-reaching constitutional, legal and institutional reforms over a three-year period.
The public breathed a sigh of relief as President Kibaki and ODM leader Raila Odinga shook hands for the third time in two weeks and members from both sides exchanged pleasantries.
The nature and form of that political settlement will be at the centre of the talks with Mr Annan, the former UN secretary general, cautioning against speculation until a deal is formally announced.
On Friday he cautioned media houses over their interpretation of the status of the mediation talks, stating that the deal was not yet done. The two sides, he clarified, had only made progress and had not arrived at a definite conclusion. He urged the public to be patient until an agreement could be reached. In negotiations, he said, a deal is not done until it is done. I had urged all parties to refrain from making statements to the public on sensitive matters under discussion.
All must understand, he went on, that selective leaks in the middle of negotiations are not to anyones benefit.
The government side in the talks is headed by Justice and Constitutional Affairs minister Martha Karua; its members are Cabinet ministers Mr Sam Ongeri, Mr Moses Wetangula and Mbooni MP Mr Mutula Kilonzo.
The ODM side is led by Mr Musalia Mudavadi with MPs Mr William Ruto, Ms Sally Kosgei and Mr James Orengo as its members.
The Sunday Nation has learnt that the government will advance the argument that ODM should form a strong Opposition in the House in line with democratic principles with a pledge to enact the necessary reforms to be agreed upon by the mediation team.
Possibly, the government could accept to appoint some of the people to be recommended by ODM to senior government positions such as permanent secretaries, departmental directors and heads of parastatals.
The reforms, which are to be decided upon by an independent review committee to be established at the end of the talks, will draw a great deal on the 10-point minimum reforms package prepared by a committee led by former Vice-President Moody Awori before the election campaign began.
The package included an overhaul of the present Electoral Commission of Kenya with a view to putting in place an independent electoral body, reducing the excessive powers of the President, having Parliament take control of its calendar, establishing that a successful presidential candidate must win 50 per cent plus one of the total votes cast, and setting up a commission to oversee the redistribution of resources in the country.
Others reforms would include placing the police force under an independent commission, establishing a supreme court, land reforms, strengthening anti-corruption laws, gender parity, fast-tracking of election petitions, impunity laws and ethnic integration.
These reforms are similar to those contained in the governments proposal tabled at the beginning of the mediation on the way forward for constitutional, legal and institutional reforms and the formation of a truth, justice and reconciliation commission to heal wounds and prepare the country for future elections.
ODM, it is understood, will push for a joint government based on the Bomas draft which calls for the creation of the post of prime minister with wide-ranging powers.
However, the premier would be accountable to the President, and his removal would only be through a vote of Parliament. Sources said that ODM will also seek cabinet positions in line with its strength in Parliament as well as 50 per cent of the slots for permanent secretaries and key positions in parastatals.
ODM has accepted to bring into the equation PNU and its affiliates that include ODM Kenya whose leader is Vice- President Kalonzo Musyoka.
Members of ODM, who requested anonymity, said the move could assuage its supporters as ground for the next elections in three years time is being prepared.
On Tuesday the entire mediation team will meet MPs during an informal meeting to brief them on the progress of the talks and seek their support for a raft of reforms that Parliament will be required to pass before the next elections.
The shift of the talks in a positive direction over last Thursday and Friday could be attributed to the cry of suffering Kenyans and the intensification of international pressure on both sides to reach a political solution.
There were fears on Thursday that the talks were headed for a stalemate following a stormy meeting during which members of both sides engaged in heated exchanges with each side vowing to hold its ground.
The ODM delegation left the meeting at 4.45 pm in what was seen as a walkout, while the government side remained behind in the room for almost 30 minutes.
When they came out of the meeting room, members of the government side denied the walkout theory and, in fact, said they were meeting in their office at the Serena Hotel after the adjournment of the afternoon session.
However, sources within the ODM team said members had walked out in a huff after the government side refused to cede any ground in their conditions for a political solution to the crisis.
The government side sought constitutional, legal and institutional reforms that would result in the establishment of a truth, justice and reconciliation commission.
ODM put on the table a re-run of the presidential election or a transitional government made up of members of the two sides to prepare for fresh elections in six months.
But the direction changed on Friday when both sides dropped some of their demands, leaving on the table the option of a political settlement.
Perhaps the decision by the US State Department and threats of similar action by the Canadian and British governments to write cautionary letters to eight politicians and two businessmen on both sides edging possible sanctions closer to travel bans, awakened the government and ODM negotiators to the reality that the world would not sit by and watch as Kenya plunged into the abyss.
Still, the arrival of UN humanitarian affairs under secretary John Holmes and the European Union commissioner for humanitarian and development aid Louis Michel brought home the message that dire consequences could befall leaders suspected to be behind the post-election violence that has claimed more than 1,000 lives and displaced more than 300,000 people.
Sources close to the talks said that each team is required to sign every resolution that is reached so that no side can later change its position.
The mediation team was guided in the talks by issues that Mr Annan had condensed from the proposals that were presented by the government and ODM.
The issues of a re-count of the presidential votes, a re-run of the polls and fresh elections were all weighed against the merits and demerits before a decision was made.
This option was not provided for in Kenyas present electoral laws, and it would have required the crafting of new procedures.
Questions also arose over which institution would supervise the process given that the ECKs integrity is in doubt, the availability and security of the ballot papers and whether the outcome of the exercise would be accepted by both sides.
The second option was a re-run of the presidential election which would require that the same contestants, voters lists, polling stations and legal framework should be followed under the supervision of an unchanged ECK.
Lifted and published by Korir, API africanpress@getmail.no source.nation.ke
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