The #MURULE & #GARRE resolutions of 2005 dispute.
Resolution 1.
It was judged, after tabulations of deaths and injuries caused by the conflict and agreements to pay compensation according to Somali Customary Law, that the greater losses suffered by the Garre should be compensated.
It was agreed that Murulle would pat KSh. 7,600,000 in three installments, three million on signing, Ksh. 2.3 million by 30th October 2005, and a final Ksh 2.3 million by April 2006.
It was agreed that a sum of Kenya Shillings one million, which had been paid by the Garre and held by the Mandera DC, be returned to them.
Resolution 2.
After payment of Phases 1 compensations, combined. delegations of Garre and Murulle elders would go to the hot spots and ‘preach peace.’ Then payment would be made at the ground level of the compensation, and there would be a return of displaced urban people to El Wak, Lafey, Wargadud.
Resolution 3.
It was resolved that there would be no compensation for loss of wealth and property, but Garre would pay Kenya shillings six hundred thousand (600,000 Ksh) to repair houses.
Resolution 4.
It was agreed that rapists would be handed over to the government and there would be no acceptance of payment to forgive this crime. Where clear evidence was lacking, an Islamic oath would be used to establish innocence, administered first to the accused, then to the woman. Injuries would be dealt with according to the Islamic Sharia.
A woman who was raped would be paid dowry equivalent to what is normally paid for women getting married; further compensation would be sought if the victim was a virgin. Farms and pasture land would be separated by clear fencing, and farm owners should guard their farms during the day.
Livestock owners would pay for transgressions by their stock; if transgression were proved to be deliberate the culprit would be arrested and made to pay for damage caused.
Nomadic communities would have to respect the traditions of the place where they move to, and accept the area chief as their chief.
Any conflict that arose would be resolved through elders of the host community. The host community should have patience and deal with migrants tolerantly.
Damage actions against trees and vegetation were prohibited, and such actions should be reported and punished. Murderers were to be handed over to the government. In unclear cases, the oath would be used. If a group of elders claimed compensation for the murder of one of their own, the oath would first be administered on 50 elders from those claiming compensation.
If the 50 elders agreed and underwent the oath, their claim would be accepted and they would be paid. If they declined to undergo the oath, then 50 elders from the accused the clan would be asked to take the oath; if the accused clan elders under oath swore they were not transgressors, no payment for compensation should be made.
If both sets of elders decline to undergo the oath, the case will be adjourned until clarity is found; Elders would undertake to control crowds, and avoid any incitement that leads to conflict.
Resolution 5.
It was resolved to ask government to release all those who had been captured by security forces in the name of the conflict.
Resolution 6.
Conflict over pasture and water were not resolved; Issues of peaceful coexistence not solved; Conflict over administrative locations were not solved; The killing of Garre at Jabibar 20 April 2004 unresolved.
Resolution 7.
It was resolved to create a standing committee, made of 20 persons, including 6 religious leaders, and 7 elders from each clan, Murulle and Garre, to oversee the implementation of the resolutions.
It was agreed that not every incident will be treated as a violation of the accords until the elders from violating community accept that they have failed to resolve the issue at hand.
