National Leaders Forum Communiqué

  • Country/entity
    Somalia
    Puntland
  • Region
    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name
    National Leaders Forum Communiqué
  • Date
    12 Apr 2016
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Somali Civil War (1991 - ) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government/territory
  • Peace process
    Somalia Peace Process
  • Parties
    The participants included the President of the Federal Republic of Somalia, H.E. Hassan Sheikh Mohamud, the Speaker of the Federal Parliament, H.E. Mohammed Sh. Osman Jawari, the Prime Minister of the Federal Government, H.E. Omar Abdirashid Ali Sharmaarke, the Deputy Prime Minister of the Federal Government, H.E. Mohamed Omar Arteh, the President of Puntland, H.E. Abdiweli Mohamed Ali, the President of Jubbaland, H.E. Ahmed Mohamed Islaan, the President of the South-West, H.E. Sharif Hassan Sheikh Adan, and the President of Galmudug, H.E. Abdulkarim Hussein Guled.
  • Third parties
    -
  • Description
    Agreement between the Somali Federal Government and the Government of Puntland outlining the formulation of electoral commissions on the state and federal levels, including provisions on the later abandonment of the 4.5 formula of power-sharing, power-sharing for the lower and upper houses and the modus for elections to be held in 2016.


Groups

  • Children/youth
    Groups→Children/youth→Substantive
    Page 2, PROCESS: Lower House:
    ... d. The electors will be drawn from the sub-clans sharing the seat and will represent the diversity of the relevant community, including civil society and youth. Each Electoral College will contain a minimum of 30% women.
  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group
    Groups→Racial/ethnic/national group→Substantive
    Page 2, PROCESS: Upper House:
    ... i. Each existing and emerging Federal Member State will adopt its own formula for distributing its seats among its communities or regions in a balanced and inclusive manner, ensuring adequate representation of the minorities.

    Page 2, PROCESS: Lower House:
    ... d. The electors will be drawn from the sub-clans sharing the seat and will represent the diversity of the relevant community, including civil society and youth. Each Electoral College will contain a minimum of 30% women.

    Page 2, PROCESS: Lower House:
    ...g. The distribution of the 275 Members of Lower House of the Federal Parliament will be based on the clans/constituencies party to the formation of each existing and emerging Federal Member State.
  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender
    Page 2, PROCESS: Upper House:
    … g. 30%  of  seats in  each  existing  and  emerging  Federal  Member  State will be identified and specially reserved for women candidates. 

    Page 2, PROCESS: Lower House:
    ... d. The electors will be drawn from the sub-clans sharing the seat and will represent the diversity of the relevant community, including civil society and youth. Each Electoral College will contain a minimum of 30% women.
  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration
    Page 1, Electoral Process, Structures:
    a. The 2016 electoral process will be uniform. A two-level structure comprising a Federal Electoral Implementation Team (FEIT) and a State-Level Electoral Implementation Teams (SEITs) in each of the existing and emerging Federal Member States that will implement the process.
  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→General references
    Page 1, Electoral Process, Structures:
    … d. The FEIT and SEITs will be formed as soon as possible and they will undertake all relevant preparations for the electoral process. Clear Terms of References (TORs) for FEIT and SEIT will be developed and agreed upon for by the NLF.

    Page 2, PROCESS: Upper House:
    f. The Upper  House  of  Parliament will  be established before  the  elections  of the Lower House.

    Page 2, PROCESS: Upper House:
    ... k. The  Presidents of  the  Federal  Member  States shall  duly sign  the  list  of official members of the Upper House of the Federal Parliament for their respective States after SEITs forward the certified final results.
  • Elections
    Page 1, Preamble, 3.The National Leadership Forum (NLF) welcomed the agreement reached between the Federal Government of Somalia and Puntland State on 03 April 2016 and noted that it paves the way for the implementation of the 2016 electoral process, as well as for preparations for universal (one-person one-vote) elections in 2020.

    Page 1, Preamble, 4. The Forum reiterated its commitment that there shall be no extension of the constitutionally mandated term limits of the legislative and the Federal Government. It called on all relevant entities to ensure the expeditious preparation and timely implementation of the 2016 electoral process and requested the assistance of international partners in this regard. Against this background, the NLF agreed on the following structures and modalities:

    Page 1, Electoral Process, Structures:
    a. The 2016 electoral process will be uniform. A two-level structure comprising a Federal Electoral Implementation Team (FEIT) and a State-Level Electoral Implementation Teams (SEITs) in each of the existing and emerging Federal Member States that will implement the process.

    Page 1, Electoral Process, Structures:
    … b. The FEIT will be composed of 17 Members where Five (5) members will be appointed by the Federal Government and two (2) members appointed by each of existing/emerging Member State.

    Page 1, Electoral Process, Structures:
    … b. The FEIT will be composed of 17 Members where Five (5) members will be appointed by the Federal Government and two (2) members appointed by each of existing/emerging Member State.

    Page 1, Electoral Process, Structures:
    … c. Each SEIT will comprise of 11 members; Eight (8) members appointed by the Federal Member State and three (3) appointed by the Federal Government.

    Page 1, Electoral Process, Structures:
    … d. The FEIT and SEITs will be formed as soon as possible and they will undertake all relevant preparations for the electoral process. Clear Terms of References (TORs) for FEIT and SEIT will be developed and agreed upon for by the NLF.

    Page 2, PROCESS: Upper House:
    f. The Upper  House  of  Parliament will  be established before  the  elections  of the Lower House.

    Page 2, PROCESS: Upper House:
    ... j. Voting for  the  members  of  the  Upper  House of  Parliament  shall  take  place  in parallel, on the same days, across all Federal Member States.

    Page 2, PROCESS: Upper House:
    ... k. The  Presidents of  the  Federal  Member  States shall  duly sign  the  list  of official members of the Upper House of the Federal Parliament for their respective States after SEITs forward the certified final results. 

    Page 2, PROCESS: Lower House:
    ... e. Voting will  take  place  in  the  capital  or  seat  of  government  of  each existing  and emerging   Federal   Member   State   and   Mogadishu, based on   the   geographic distribution of the seats.


    Page 3, PROCESS: Lower House:
    … h. The  Presidents  of  the  Federal  Member States  shall  duly  sign  the  list  of  official  members of the Lower House of the Federal Parliament for their respective States after SEITs forward the certified final results. 
    Venue and other issues: 
    • The electoral process will be conducted in the state capitals or respective seats of Federal Member States and Emerging Federal Member States.
    • The  2016  electoral model and its implementation  mechanism  shall  be tabled to the Federal Parliament for final endorsement.

    Page 3, The National Leadership Forum Further: 
    ... 3. The  Forum  expressed  appreciations  to  the  International Donors and Partners for  their unyielding commitment to the electoral process.
  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 2, PROCESS: Lower House:
    ... d. The electors will be drawn from the sub-clans sharing the seat and will represent the diversity of the relevant community, including civil society and youth. Each Electoral College will contain a minimum of 30% women.
  • Traditional/religious leaders
    Page 2, PROCESS: Lower House:
    a. The  List  of  the  135  Traditional  Elders shall  serve  as  the  base  of the  electoral process.  The  list will  be updated,  whereby  the deceased elders  will  be  replaced and those questionable or disputed will be corrected.
    b. The  Final  list  of  agreed  upon  135 Traditional  Elders  will  select the Electoral Collegesin consultations with their relevant and respective elders (Nabadoono)

    Page 2, PROCESS: Lower House:
    ... f. In   the   absence   of   Somaliland’s participation   in   the   electoral   process,   the representatives  of  Somaliland  in  the  Lower  House shall be  elected  at  a  location agreed upon by the Traditional Elders from Somaliland among the 135.
  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitution affirmation/renewal
    Page 1, Preamble, 4. The Forum reiterated its commitment that there shall be no extension of the constitutionally mandated term limits of the legislative and the Federal Government. It called on all relevant entities to ensure the expeditious preparation and timely implementation of the 2016 electoral process and requested the assistance of international partners in this regard. Against this background, the NLF agreed on the following structures and modalities:
    Governance→Constitution→Constitutional reform/making
    Page 3, The National Leadership Forum Further: 
    1. Decided  to  host  a  Constitutional  Conference  in  Garowe  between 25  May and 05, April 2016. A meeting of the National Leaders Forum will precede the conference to deliberate and  agree  on  political  and constitutionally  contentious issues  to  advance  the  review process.

Power sharing

  • Political power sharing
    Power sharing→Political power sharing→Proportionality in legislature
    State level
    Page 2, PROCESS:

    Upper House:

    f. The Upper House of Parliament will be established before the elections of the Lower House.

    g. 30% of seats in each existing and emerging Federal Member State will be identified and specially reserved for women candidates.

    h. State executives will nominate at least two candidates for each seat. The state assemblies will vote for each seat individually.

    i. Each existing and emerging Federal Member State will adopt its own formula for distributing its seats among its communities or regions in a balanced and inclusive manner, ensuring adequate representation of the minorities.

    j. Voting for the members of the Upper House of Parliament shall take place in parallel, on the same days, across all Federal Member States.

    k. The Presidents of the Federal Member States shall duly sign the list of official members of the Upper House of the Federal Parliament for their respective States after SEITs forward the certified final results.

    Lower House:

    a. The List of the 135 Traditional Elders shall serve as the base of the electoral process. The list will be updated, whereby the deceased elders will be replaced and those questionable or disputed will be corrected.

    b. The Final list of agreed upon 135 Traditional Elders will select the Electoral Colleges in consultations with their relevant and respective elders (Nabadoono)

    c. Each candidate will be elected by an Electoral College of 50 members. The total electorate will be 275 x 50 = 13,750.

    d. The electors will be drawn from the sub-clans sharing the seat and will represent the diversity of the relevant community, including civil society and youth. Each Electoral College will contain a minimum of 30% women.

    e. Voting will take place in the capital or seat of government of each existing and emerging Federal Member State and Mogadishu, based on the geographic distribution of the seats.

    f. In the absence of Somaliland’s participation in the electoral process, the representatives of Somaliland in the Lower House shall be elected at a location agreed upon by the Traditional Elders from Somaliland among the 135.

    Page 3

    g. The distribution of the 275 Members of Lower House of the Federal Parliament will be based on the clans/constituencies party to the formation of each existing and emerging Federal Member State.

    h. The Presidents of the Federal Member States shall duly sign the list of official members of the Lower House of the Federal Parliament for their respective States after SEITs forward the certified final results.
    Power sharing→Political power sharing→Other proportionality
    State level
    Page 1, Electoral Process, Structures:
    … b. The FEIT will be composed of 17 Members where Five (5) members will be appointed by the Federal Government and two (2) members appointed by each of existing/emerging Member State.

    Page 1, Electoral Process, Structures:
    ... c. Each SEIT will comprise of 11 members; Eight (8) members appointed by the Federal Member State and three (3) appointed by the Federal Government.
  • Territorial power sharing
    Power sharing→Territorial power sharing→Federal or similar sub-divided government
    Page 2, Upper House

    i. Each existing and emerging Federal Member State will adopt its own formula for distributing its seats among its communities or regions in a balanced and inclusive manner, ensuring adequate representation of the minorities.
    Power sharing→Territorial power sharing→Other
    Page 1, Electoral Process, Structures:
    a. The 2016 electoral process will be uniform. A two-level structure comprising a Federal Electoral Implementation Team (FEIT) and a State-Level Electoral Implementation Teams (SEITs) in each of the existing and emerging Federal Member States that will implement the process.
  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship
    Rights related issues→Citizenship→Citizen, general
    Page 3, The National Leadership Forum Further: 
    ... 4. The National Leadership Forum expresses their deep concern about the behaviour and the practices of the SEMG (Somalia Eritrea Monitoring Group); especially their targeting of the Somali citizens and hindering the process of state building in Somalia.
  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds
    Page 1, Preamble, 4. The Forum reiterated its commitment that there shall be no extension of the constitutionally mandated term limits of the legislative and the Federal Government. It called on all relevant entities to ensure the expeditious preparation and timely implementation of the 2016 electoral process and requested the assistance of international partners in this regard.

    Page 3, The National Leadership Forum Further: 
    ... 3. The  Forum  expressed  appreciations  to  the  International Donors and Partners for  their unyielding commitment to the electoral process.
  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees
    Page 3, The National Leadership Forum Further: 
    … 2. The  National  Security  Policy  was  shared  by the  Federal  Government  of  Somalia  to  the  leaders of the Federal Member States and welcomed plans for consultative meeting in the regions to advance the implementation of the policy.

    Page 3, The National Leadership Forum Further: 
    ... 4. The National Leadership Forum expresses their deep concern about the behaviour and the practices of the SEMG (Somalia Eritrea Monitoring Group); especially their targeting of the Somali citizens and hindering the process of state building in Somalia.
  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 1, Electoral Process, Structures:
    … e. The NLF will create a Dispute Resolution Mechanism for the 2016 electoral process.
  • Related cases

    No specific mention.

  • Source
    Wardheer News; http://www.wardheernews.com/wp-content/uploads/2016/04/NLF-Communique-Final-April-12-2016.pdf

The National Leader Forum Communique

April 12, 2016

1.THE NATIONAL LEADERS FORUM COMMUNIQUE met in Mogadishu from 9 to 12 April 2016.

2. The participants included the President of the Federal Republic of Somalia, H.E. Hassan Sheikh Mohamud, the Speaker of the Federal Parliament, H.E. Mohammed Sh.

Osman Jawari, the Prime Minister of the Federal Government, H.E. Omar Abdirashid Ali Sharmaarke, the Deputy Prime Minister of the Federal Government, H.E. Mohamed Omar Arteh, the President of Puntland, H.E. Abdiweli Mohamed Ali, the President of Jubbaland, H.E. Ahmed Mohamed Islaan, the President of the South-West, H.E. Sharif Hassan Sheikh Adan, and the President of Galmudug, H.E. Abdulkarim Hussein Guled.

3.The National Leadership Forum (NLF) welcomed the agreement reached between the Federal Government of Somalia and Puntland State on 03 April 2016 and noted that it paves the way for the implementation of the 2016 electoral process, as well as for preparations for universal (one-person one-vote) elections in 2020.

4. The Forum reiterated its commitment that there shall be no extension of the constitutionally mandated term limits of the legislative and the Federal Government.

It called on all relevant entities to ensure the expeditious preparation and timely implementation of the 2016 electoral process and requested the assistance of international partners in this regard.

Against this background, the NLF agreed on the following structures and modalities:

Electoral Process

Structures:

a.The 2016 electoral process will be uniform.

A two-level structure comprising a Federal Electoral Implementation Team (FEIT) and a State-Level Electoral Implementation Teams (SEITs) in each of the existing and emerging Federal Member States that will implement the process.

b.The FEIT will be composed of 17 Members where Five (5) members will be appointed by the Federal Government and two (2) members appointed by each of existing/emerging Member State.

c.Each SEIT will comprise of 11 members;

Eight (8) members appointed by the Federal Member State and three (3) appointed by the Federal Government.

d.The FEIT and SEITs will be formed as soon as possible and they will undertake all relevant preparations for the electoral process.

Clear Terms of References (TORs) for FEIT and SEIT will be developed and agreed upon for by the NLF.

e.The NLF will create a Dispute Resolution Mechanism for the 2016 electoral process.

PROCESS:

Upper House:

f. The Upper House of Parliament will be established before the elections of the Lower House.

g. 30% of seats in each existing and emerging Federal Member State will be identified and specially reserved for women candidates.

h. State executives will nominate at least two candidates for each seat.

The state assemblies will vote for each seat individually.

i. Each existing and emerging Federal Member State will adopt its own formula for distributing its seats among its communities or regions in a balanced and inclusive manner, ensuring adequate rep resentation of the minorities.

j. Voting for the members of the Upper House of Parliament shall take place in parallel, on the same days, across all Federal Member States.

k.The Presidents of the Federal Member States shall duly sign the list of official members of the Upper House of the Federal Parliament for their respective States after SEITs forward the certified final results.

Lower House:

a. The List of the 135 Traditional Elders shall serve as the base of the electoral process.

The list will be updated, whereby the deceased elders will be replaced and those questionable or disputed will be corrected.

b. The Final list of agreed upon 135 Traditional Elders will select the Electoral Collegesin consultations with their relevant and

respective elders (Nabadoono)

c. Each candidate will be elected by an Electoral College of 50 members.

The total electorate will be 275 x 50 = 13,750.

d. The electors will be drawn from the sub-clans sharing the seat and will represent the diversity of the relevant community, including civil society and youth.

Each Electoral College will contain a minimum of 30% women.

e. Voting will take place in the capital or seat of government of each existing and emerging Federal Member State and Mogadishu, based on the geographic distribution of the seats.

f. In the absence of Somaliland’s participation in the electoral process, the representatives of Somaliland in the Lower House shall be elected at a location agreed upon by the Traditional Elders from Somaliland among the 135.

g. The distribution of the 275 Members of Lower House of the Federal Parliament

will be based on the clans/constituencies party to the formation of each existing and emerging Federal Member State.

h. The Presidents of the Federal Member States shall duly sign the list of official members of the Lower House of the Federal Parliament for their respective States after SEITs forward the certified final results.

Venue and other issues:

• The electoral process will be conducted in the state capitals or respective seats of Federal Member States and Emerging Federal Member States.

• The 2016 electoral model and its implementation mechanism shall be tabled to the Federal Parliament for final endorsement.

The National Leadership Forum Further:

1. Decided to host a Constitutional Conference in Garowe between 25 May and 05, April 2016.

A

meeting of the National Leaders Forum will precede the conference to deliberate and agree on political and constitutionally contentious issues to advance the review process.

2. The National Security Policy was shared by the Federal Government of Somalia to the leaders of the Federal Member States and welcomed plans for consultative meeting in the regions to advance the implementation of the policy.

3. The Forum expressed appreciations to the International Donors and Partners for their unyielding commitment to the electoral process.

4. The National Leadership Forum expresses their deep concern about the behaviour and the practices of the SEMG (Somalia Eritrea Monitoring Group);

especially their targeting of the Somali citizens and hindering the process of state building in Somalia.

Mogadishu, 12 April 2016.