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Agreement Between the Federal Government of Somalia and the Government of Puntland State of Somalia

  • Country/entity

    Somalia
    Puntland
  • Region

    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name

    Agreement Between the Federal Government of Somalia and the Government of Puntland State of Somalia
  • Date

    3 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-Puntland Peace Process
  • Parties

    Federal Government of Somalia led by His Excellency Omar Abdirashid Ali Sharmarke, the Prime Minister of the Federal Government of Somalia
  • Third parties

    The Foreign Minister of Ethiopia and the Chairman of the IGAD Council of Ministers H.E. Tedros Adhanom, SRSG Michael Keating of the United Nations, African Union SRCC Francisco Madeira, EU Special Envoy Michele Cervone, Executive Secretary of IGAD, Ambassador Mahboub Moallim, IGAD Special Envoy Ambassador Mohamed Affey, with Ambassadors from Ethiopia, United Arab Emirates, Turkey, Sweden, Italy, and Djibouti also attended.
  • Description

    -


Groups

  • Children/youth

    No specific mention.

  • 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, 2016 Electoral Process
    ... The two parties agreed that the election shall take place in Garowe for the members of the federal parliament of the clans party to the formation of Puntland in 1998.

    Page 2, Upper House
    ... The two parties agreed that the elections for the Upper House seats representing Puntland for the Federal Parliament shall take place in Garowe. The candidates will be drawn from clans party to the formation of Puntland in 1998.
  • 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 1, 2016 Electoral Process
    ... The electoral college shall be selected by the traditional elders, who will then forward electoral college member’s names to the Electoral Committees. The electoral college shall reflect members of the community including women.

    Page 2, 2016 Electoral Process
    ... Each seat for the lower house shall be contested by a number of candidates, as shall be agreed by the National Leadership Forum and shall include female candidates from the specific clan grouping. Further each candidate’s filing shall comply with requirements and vetting process of the Electoral Committees at the National and State levels.

    Page 2, Upper House
    ...Each seat in the Upper House of the Federal Parliament shall be contested by an agreed number of candidates including females.
  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)
    Page 1, 2016 Electoral Process
    ...The Federal Government of Somalia and the Government of Puntland agreed upon the formation of inclusive 2016 Electoral Committees consisting of the Federal Government of Somalia and federal member states.
  • State configuration
    State configuration is Federal.
  • 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, 2016 Electoral Process
    ...The Federal Government of Somalia and the Government of Puntland agreed upon the formation of inclusive 2016 Electoral Committees consisting of the Federal Government of Somalia and federal member states.

    Page 1, 2016 Electoral Process
    ... The two parties agreed the selection process for members of the Federal Parliament shall take place at regional capitals of Federal Member States.

    Page 2, Upper House
    The formation of the Upper House of the Federal Parliament shall precede the formation of the Lower House of the Federal Parliament as already set out in the model proposed by the federal government.

    Page 2, Upper House
    … The two parties agreed that Puntland candidates for the Upper House of the National Federal Parliament representing Puntland will be proposed by the Executive branch of Puntland, using agreed criteria and appointed by the Puntland House of Representatives.

    Page 2, Upper House
    ...Each seat in the Upper House of the Federal Parliament shall be contested by an agreed number of candidates including females.

    Page 2, Upper House
    ... The president of Puntland shall duly sign the list of official members representing Puntland at the Upper House of the Federal Parliament after the Electoral Committee forwards the certified final result.
  • Elections
    Page 1, 2016 Electoral Process
    ...The Federal Government of Somalia and the Government of Puntland agreed upon the formation of inclusive 2016 Electoral Committees consisting of the Federal Government of Somalia and federal member states.

    Page 1, 2016 Electoral Process
    … The two parties agreed that the international community shall closely monitor the implementation of the 2016 electoral model and process to ensure fairness and transparency.

    Page 1, 2016 Electoral Process
    ... The electoral college shall be selected by the traditional elders, who will then forward electoral college member’s names to the Electoral Committees. The electoral college shall reflect members of the community including women.

    Page 2, 2016 Electoral Process
    ... Each seat for the lower house shall be contested by a number of candidates, as shall be agreed by the National Leadership Forum and shall include female candidates from the specific clan grouping. Further each candidate’s filing shall comply with requirements and vetting process of the Electoral Committees at the National and State levels.

    Page 2, 2016 Electoral Process
    ... Each candidate for the lower house of the Federal Parliament shall meet constitutionally required criteria.

    Page 2, 2016 Electoral Process
    ... The two parties agreed that the election shall take place in Garowe for the members of the federal parliament of the clans party to the formation of Puntland in 1998.

    Page 2, 2016 Electoral Process
    … Puntland is open to host elections in Garowe for any other constituencies unable to conduct elections due to existing circumstances within their jurisdiction.

    Page 2, 2016 Electoral Process
    ...The president of Puntland shall duly sign the list of official members elected in Puntland at the lower house of the Federal Parliament after the Electoral Committees forward the certified final result

    Page 2, Upper House
    ... The Federal Government of Somalia and the Government of Puntland agreed that the election of the members of the Upper House of the Federal Parliament shall take place in the capitals of Federal Member States.

    Page 2, Upper House
    ... The two parties agreed that the elections for the Upper House seats representing Puntland for the Federal Parliament shall take place in Garowe. The candidates will be drawn from clans party to the formation of Puntland in 1998.

    Page 2, Upper House
    ... The president of Puntland shall duly sign the list of official members representing Puntland at the Upper House of the Federal Parliament after the Electoral Committee forwards the certified final result.

    Page 2, Upper House
    ... The Federal Government of Somalia and the Government of Puntland recommend that the National Leadership Forum decide the location of the elections of the President of the Federal Republic of Somalia and the Leadership of the Upper House and Lower House of the Parliament by choosing a safe and conducive location.

    Page 3, 2020 RΟΑDΜΑΡ:
    The two parties agreed that the 2020 federal elections shall be held according to one-person, one-vote principle. Under no circumstances shall the 4.5 clan based power sharing arrangement be used beyond the 2016 elections.
  • Electoral commission
    Page 1, 2016 Electoral Process
    ... The electoral college shall be selected by the traditional elders, who will then forward electoral college member’s names to the Electoral Committees. The electoral college shall reflect members of the community including women.

    Page 2, 2016 Electoral Process
    ... Each seat for the lower house shall be contested by a number of candidates, as shall be agreed by the National Leadership Forum and shall include female candidates from the specific clan grouping. Further each candidate’s filing shall comply with requirements and vetting process of the Electoral Committees at the National and State levels.

    Page 2, 2016 Electoral Process
    ...The president of Puntland shall duly sign the list of official members elected in Puntland at the lower house of the Federal Parliament after the Electoral Committees forward the certified final result
  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders
    2016 Electoral Process
    ... The electoral college shall be selected by the traditional elders, who will then forward electoral college member’s names to the Electoral Committees. The electoral college shall reflect members of the community including women.
  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitution affirmation/renewal
    Page 1, The international community congratulates the people and Government of Puntland and lauds the recent victories of the Puntland security forces against Al-Shabab militants. The international community also calls upon all possible support for Puntland security forces in their fight against terrorism. The International Community recognizes the central role of the National Leadership Forum in ensuring that the national interest is protected and promoted, and the role of parliament in underpinning the rule of law and protecting the Constitution.

    Page 2, 2016 Electoral Process
    ... Each candidate for the lower house of the Federal Parliament shall meet constitutionally required criteria.

    Page 2, 2016 Electoral Process
    ... The two parties agreed that the election shall take place in Garowe for the members of the federal parliament of the clans party to the formation of Puntland in 1998.

    Page 2, Upper House
    ... Each candidate for the Upper House of the Federal Parliament shall meet constitutionally required criteria.

    Page 3, Implementation of the Agreement:
    The international community takes note of the bi-lateral talks between the Federal Government of Somalia and the Government of Puntland in the areas such as the Constitutional Review process, Federation process, Development Aid, Security, etc. and encourages and supports the implementation of agreements in these areas, taking into account the national interest.

Power sharing

  • Political power sharing
    Power sharing→Political power sharing→Proportionality in legislature
    State level
    Page 1, 2016 Electoral Process
    The two parties agreed that the 4.5 clan model shall not be used as a criteria to select any member of the Federal Parliament and that its use shall cease with the elections of 2016.

    Page 2, 2016 Electoral Process
    ... Each seat for the lower house shall be contested by a number of candidates, as shall be agreed by the National Leadership Forum and shall include female candidates from the specific clan grouping. Further each candidate’s filing shall comply with requirements and vetting process of the Electoral Committees at the National and State levels.

    Page 3, 2020 RΟΑDΜΑΡ:
    The two parties agreed that the 2020 federal elections shall be held according to one-person, one-vote principle. Under no circumstances shall the 4.5 clan based power sharing arrangement be used beyond the 2016 elections.
    Power sharing→Political power sharing→International involvement
    State level
    Page 3, 2020 RΟΑDΜΑΡ:
    … The International community shall undertake and guarantee that 4.5 model shall not be used beyond 2016.
  • Territorial power sharing
    Power sharing→Territorial power sharing→Federal or similar sub-divided government
    Summary: The State configuration is Federal.

    Page 3, Implementation of the Agreement:
    The international community takes note of the bi-lateral talks between the Federal Government of Somalia and the Government of Puntland in the areas such as the Constitutional Review process, Federation process, Development Aid, Security, etc. and encourages and supports the implementation of agreements in these areas, taking into account the national interest.
  • 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

    No specific mention.

  • 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
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 3, Implementation of the Agreement:
    The international community takes note of the bi-lateral talks between the Federal Government of Somalia and the Government of Puntland in the areas such as the Constitutional Review process, Federation process, Development Aid, Security, etc. and encourages and supports the implementation of agreements in these areas, taking into account the national interest.
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • 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 1, The international community congratulates the people and Government of Puntland and lauds the recent victories of the Puntland security forces against Al-Shabab militants. The international community also calls upon all possible support for Puntland security forces in their fight against terrorism. The International Community recognizes the central role of the National Leadership Forum in ensuring that the national interest is protected and promoted, and the role of parliament in underpinning the rule of law and protecting the Constitution.

    Page 3, Implementation of the Agreement:
    The international community takes note of the bi-lateral talks between the Federal Government of Somalia and the Government of Puntland in the areas such as the Constitutional Review process, Federation process, Development Aid, Security, etc. and encourages and supports the implementation of agreements in these areas, taking into account the national interest.
  • 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
    2016 Electoral Process
    … The two parties agreed that the international community shall closely monitor the implementation of the 2016 electoral model and process to ensure fairness and transparency.
  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism
    Page 1, The international community congratulates the people and Government of Puntland and lauds the recent victories of the Puntland security forces against Al-Shabab militants. The international community also calls upon all possible support for Puntland security forces in their fight against terrorism. The International Community recognizes the central role of the National Leadership Forum in ensuring that the national interest is protected and promoted, and the role of parliament in underpinning the rule of law and protecting the Constitution.

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
    Page 3, Implementation of the Agreement:
    … The implementation of this agreement between the Federal Government of Somalia and the Government of Puntland is guaranteed byIntergovernmental Authority on Development (IGAD) and witnessed by the United Nations (UN), African Union (AU), and European Union (EU).
  • Other international signatory
    Page 3, Implementation of the Agreement:
    … The implementation of this agreement between the Federal Government of Somalia and the Government of Puntland is guaranteed byIntergovernmental Authority on Development (IGAD) and witnessed by the United Nations (UN), African Union (AU), and European Union (EU).
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 3, Implementation of the Agreement:
    … The implementation of this agreement between the Federal Government of Somalia and the Government of Puntland is guaranteed byIntergovernmental Authority on Development (IGAD) and witnessed by the United Nations (UN), African Union (AU), and European Union (EU).
  • Related cases

    No specific mention.

  • Source
    Horseed Media: https://horseedmedia.net/2016/04/04/agreement-between-the-federal-government-of-somalia-and-the-government-of-puntland-state-of-somalia/

Agreement Between the Federal Government of Somalia and the Government of Puntland State of Somalia

April 3, 2016

Preamble:

From 26 March to April 3, 2016 a delegation from the Federal Government of Somalia led by His Excellency Omar Abdirashid Ali Sharmarke, the Prime Minister of the Federal Government of Somalia, paid a working visit to Garowe to discuss the 2016 electoral process.

The Foreign Minister of Ethiopia and the Chairman of the IGAD Council of Ministers H.E. Tedros Adhanom, SRSG Michael Keating of the United Nations, African Union SRCC Francisco Madeira, EU Special Envoy Michele Cervone, Executive Secretary of IGAD, Ambassador Mahboub Moallim, IGAD Special Envoy Ambassador Mohamed Affey, with Ambassadors from Ethiopia, United Arab Emirates, Turkey, Sweden, Italy, and Djibouti also attended.

The international community congratulates the people and Government of Puntland and lauds the recent victories of the Puntland security forces against Al-Shabab militants.

The international community also calls upon all possible support for Puntland security forces in their fight against terrorism.

The International Community recognizes the central role of the National Leadership Forum in ensuring that the national interest is protected and promoted, and the role of parliament in underpinning the rule of law and protecting the Constitution.

Subsequent to detailed talks and negotiations the two parties agreed on the following:

2016 Electoral Process

The two parties agreed that the 4.5 clan model shall not be used as a criteria to select any member of the Federal Parliament and that its use shall cease with the elections of 2016.

The Federal Government of Somalia and the Government of Puntland agreed upon the formation of inclusive 2016 Electoral Committees consisting of the Federal Government of Somalia and federal member states.

The two parties agreed that the international community shall closely monitor the implementation of the 2016 electoral model and process to ensure fairness and transparency.

The two parties agreed the selection process for members of the Federal Parliament shall take place at regional capitals of Federal Member States.

The electoral college shall be selected by the traditional elders, who will then forward electoral college member’s names to the Electoral Committees.

The electoral college shall reflect members of the community including women.

Each seat for the lower house shall be contested by a number of candidates, as shall be agreed by the National Leadership Forum and shall include female candidates from the specific clan grouping.

Further each candidate’s filing shall comply with requirements and vetting process of the Electoral Committees at the National and State levels.

Each candidate for the lower house of the Federal Parliament shall meet constitutionally required criteria.

The two parties agreed that the election shall take place in Garowe for the members of the federal parliament of the clans party to the formation of Puntland in 1998.

Puntland is open to host elections in Garowe for any other constituencies unable to conduct elections due to existing circumstances within their jurisdiction.

The president of Puntland shall duly sign the list of official members elected in Puntland at the lower house of the Federal Parliament after the Electoral Committees forward the certified final result.

Upper House

The formation of the Upper House of the Federal Parliament shall precede the formation of the Lower House of the Federal Parliament as already set out in the model proposed by the federal government.

The two parties agreed that Puntland candidates for the Upper House of the National Federal Parliament representing Puntland will be proposed by the Executive branch of Puntland, using agreed criteria and appointed by the Puntland House of Representatives.

Each seat in the Upper House of the Federal Parliament shall be contested by an agreed number of candidates including females.

Each candidate for the Upper House of the Federal Parliament shall meet constitutionally required criteria.

The Federal Government of Somalia and the Government of Puntland agreed that the election of the members of the Upper House of the Federal Parliament shall take place in the capitals of Federal Member States.

The two parties agreed that the elections for the Upper House seats representing Puntland for the Federal Parliament shall take place in Garowe.

The candidates will be drawn from clans party to the formation of Puntland in 1998.

The president of Puntland shall duly sign the list of official members representing Puntland at the Upper House of the Federal Parliament after the Electoral Committee forwards the certified final result.

The Federal Government of Somalia and the Government of Puntland recommend that the National Leadership Forum decide the location of the elections of the President of the Federal Republic of Somalia and the Leadership of the Upper House and Lower House of the Parliament by choosing a safe and conducive location.

2020 RΟΑDΜΑΡ:

The two parties agreed that the 2020 federal elections shall be held according to one-person, one-vote principle.

Under no circumstances shall the 4.5 clan based power sharing arrangement be used beyond the 2016 elections.

The International community shall undertake and guarantee that 4.5 model shall not be used beyond 2016.

Implementation of the Agreement:

The international community takes note of the bi-lateral talks between the Federal Government of Somalia and the Government of Puntland in the areas such as the Constitutional Review process, Federation process, Development Aid, Security, etc.

and encourages and supports the implementation of agreements in these areas, taking into account the national interest.

The implementation of this agreement between the Federal Government of Somalia and the Government of Puntland is guaranteed byIntergovernmental Authority on Development (IGAD) and witnessed by the United Nations (UN), African Union (AU), and European Union (EU).