Cairo Declaration on Somalia

• Country/entity

  Somalia
  
• Region

  Africa (excl MENA)
  
• Agreement name

  Cairo Declaration on Somalia
• Date

  22 Dec 1997
• 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
• Peace process

  Somalia Peace Process
• Parties

  Hussein Mohamed Aideed, Mohamed Haji Adan, Hilowle Iman Omar, Mohamed Nur Aliyow, Mohamed Farah Abulhai, Mohamed Kanyare Afrah, Ahmed Omar Jes, Jama Mohamed Galib, Abilkarim Ahmed Ali, Abdirahman Farah Islamil, Ali Haji Mohamed Jabiri, Hassan Mohamed Nur, Mohamed Farah Jimale, Mohamed Khalif Shire, Ali Mahdi Mohamed, Abdullahi Yousef Ahmed (unsigned), Abdullahi Abdelkader Mohamed Addan, Adan Abdullahi Nur Gabyow (unsigned), Osman Hassan Ali Atto, Abdi Mouse Mayow, Mohamed Ragiq Mohamed, Abdullahi Sheikh Islamil, Omar Hagi Mohamed, Abdi Osman Farah, Abukar Abdi Osman, Mohamed Ali Hamed, Mohamed Abshir Mouse, Ali Adan Husseen.
• Third parties

  Egypt, Yemen, IGAD (Kenya, Ethiopia, Djibouti, Eritrea, Sudan, Uganda), UN, the Organization of African Unity, the League of Arab States, the Organization of the Islamic Conference and members of the Movement of Non-Aligned Countries
• Description

  Provided for a ceasefire, cessation of hostilities and disengagement of forces. Recognised need for a transitional mechanism of national authority and agreed to preserve Somalia as an independent and indivisible state. Reiterated belief in principles of democracy, equality, social justice and constitutional guarantees of individual human rights. Also provided details of arrangements for a National Reconciliation Conference on 15 February 1998 to be held to elect a Presidential Council, a Prime Minister, and to adopt a Transitional Charter. Agreed the agenda would include: a Declaration of National Commitment to the formation of a Constitutional Transitional Government guaranteeing individual freedoms and to the creation of the democratic national Government; a Declaration of Peace and Co-operation for the people of Somalia to work with the Transitional Government towards the establishment of a Constitutional Federal Government; and adoption of a Transitional Charter to serve as a framework for the National Transitional Government. Agreed that Transitional Presidential Council would consist of three members from each of the four major social groups in Somalia and one of the remaining Somali social group and that 46 seats would be allocated to each of four Somali social groups and three and two to the remaining social groups respectively in the Constituent Assembly. The existence of the Transitional Government was to be limited to a period of three years with a possible extension of an additional two years. Also made provision for a national census from which an electoral system could be implemented, and for the approval of a permanent Constitution enshrining fundamental rights through a national referendum.

• Agreement document

  SO_971222_CairoDeclaration.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

LETTER DATED 22 DECEMBER 1997 FROM THE PERMANENT REPRESENTATIVE OF EGYPT TO THE UNITED NATIONS ADDRESSED TO THE PRESIDENT OF

THE SECURITY COUNCIL

I have the honour to enclose herewith the Cairo Declaration on Somalia signed by the Somali leaders today in concluding their meetings in Cairo aimed at achieving Somali national reconciliation and the formation of a central Government in Somalia.

You are kindly requested to issue the text of the Declaration as a document of the Security Council.

(Signed) Nabil ELARABY Ambassador

Permanent Representative

* Reissued for technical reasons.

97-38108 (E) 291297 /...

Annex

Cairo Declaration on Somalia

The undersigned political leaders of the Republic

to achieve peace and reconciliation within our beloved

Cairo from 12 November to this 22nd day of December 1997, hereby affirm and solemnly declare and pledge ourselves to the following principles and actions:

Whereas, the undersigned Somali leaders desire lasting peace, stability and an end to the conflict and civil war in Somalia;

and

Whereas, we recognize these Cairo talks as unique in nature and result, as embodying Somalia's national and individual aspirations, and as unifying all the socio-political forces of our country;

and

Whereas, we have jointly and with the spirit of brotherhood and common responsibility discussed all relevant issues consistent with national reconciliation, restoration of unity, and social harmony in Somalia;

and

Whereas, we are deeply saddened over the immense suffering, destruction and devastation inflicted upon the Somali people during the years of civil strife, and aware of the magnitude of such problems, including the lack of progress and development, the dysfunction of all basic services, and total non-existence of state institutions;

and

Whereas, we agree to set aside our differences for the common good of our people and wish to embark on a new path towards national unity and re-establishment of the basic rights, aspirations and freedom of the Somali people;

and

Whereas, we declare our rejection of violence, threat and use of force as means to achieve political and social goals, and therefore, we have decided unanimously to cease fire, [and on a] cessation of all hostilities and disengagement of opposing forces;

and

Whereas, we reiterate our firm belief in the principles of democracy, equality, social justice and the constitutional guarantees of individual human rights as provided by international conventions and declarations;

and

Whereas, there is a need and desire for the re-establishment of the rule of law and the institution of a federal democratic system of governance;

and

Whereas, realizing the strong will of the Somali people to enjoy their God- given birthrights under the sovereign State of Somalia;

and

Whereas, the undersigned recognize the need for a transitional mechanism of national authority until the succeeding constitutional Government is instituted by the people of Somalia.

The Transitional Government will be based on a system of federal governance and will carry out its functions and responsibilities, within the transitional period;

and of Somalia, in an effort country, having met in

Whereas, the undersigned further recognize the importance of individual responsibility to create an atmosphere of peace and harmony;

and

Whereas, the undersigned declare that they are a united national front for Somalia.

Be it Therefore Resolved:

That the undersigned hereby agree that this Declaration shall be binding upon each one of us;

and

That, bearing in mind the efforts made in Nairobi in October 1996, Sodre in January 1997, Sanaa in May 1997, Cairo in May 1997, and the separate Cairo Understanding of 21 December 1997, respectively;

and

That it shall be an indication of our unfailing desire to unite our people, protect their rights and form the institutions that can and will serve basic needs;

and

That to preserve Somalia as an independent and indivisible State within internationally recognized boundaries;

and

That Mogadishu is the capital of the Republic of Somalia, and for that we shall act to create an atmosphere conducive to peace in Mogadishu and its surroundings;

and

That the Transitional Government will be bound by the rules of international laws and the objectives and principles of the United Nations and all other international and regional organizations in which Somalia is a member;

and

That to respect all the international and regional conventions entered into by the former Somali Governments;

and

That we pledge our lives and our sacred honour to protect and defend the precepts included herein.

Be it Further Resolved:

That the undersigned agree to convene a National Reconciliation Conference in Baidoa, the capital of Bay region, on the date of 15 February 1998;

and

That all militias shall be encamped in pre-arranged sites in all conflict areas;

That a joint security force will be established for the National Reconciliation Conference;

and

That the undersigned shall establish a national coordination committee to prepare, organize and hold the National Reconciliation Conference;

and

That the National Reconciliation Conference will be constituted of four hundred and sixty-five (465) delegates, who shall be allocated as follows:

(a) One hundred and sixty (160) delegates shall be allocated to the two sides participating in the Cairo Somali Meeting (80 delegates each);

(b) Ninety (90) delegates to specific northern Somali communities;

(c) Fifty-eight (58) delegates of the three Somali social groups not included in paragraphs (a) and (b) above;

(d) Twenty-three (23) delegates, 10 delegates, and 8 delegates for each of the three Somali social groups not included in paragraphs (a), (b) and (c) above.

That the delegates for the Conference shall be selected from all segments of Somali society.

Such selection should be on a careful consideration of community balance;

and

That invitations to attend the National Reconciliation Conference shall be extended to Governments, regional and international organizations as well as local and international mass media for the purpose of observing the deliberations and decisions of the Conference;

That the purpose of the National Reconciliation Conference shall be to elect a Presidential Council, and a Prime Minister and to adopt a Transitional Charter;

That the agenda for the National Reconciliation Conference shall expressly include:

(a) A Declaration of National Commitment that the Somali people desire the formation of a Constitutional Transitional Government guaranteeing individual freedoms and the creation of the democratic national Government;

and

(b) A Declaration of Peace and Cooperation among the people of Somalia to work with the Transitional Government towards the establishment of a succeeding constitutional federal Government;

and

(c) Adoption of a Transitional Charter, which shall serve as a framework of the branches of the established National Transitional Government for the protection of individual rights and fundamental liberties and shall be the supreme law of the land;

and

(d) The organization of the established National Transitional Government on the basis of the Transitional Charter, shall specifically provide for the creation of:

(i) A Constituent Assembly with a Chairman and two Vice-Chairmen;

and

(ii) Establishment of an independent judiciary, and prohibition of special courts;

and

(iii) Election of the 13 members of the Presidential Council;

and

(iv) Election of a Prime Minister who shall form and be the head of the Government in Transition.

That the National Reconciliation Conference shall be dissolved once it achieves the above agenda.

Be it Further Resolved:

That, pursuant to such provisions of a National Reconciliation Conference,

there shall be a Government in Transition;

and

That the accomplishment of such work, as described above, will receive the full support of the undersigned in its fulfilment and implementation.

Be it Further Resolved:

That the 13 members of the Presidential Council shall be designated as follows:

(a) Three members for each of the four major social groups in Somalia (12 members);

(b) One member of the remaining Somali social group (1 member).

That the Presidential Council shall, by simple majority vote, designate one of its members as President of the Presidential Council;

That the Prime Minister of the Transitional Government, designated by the National Reconciliation Conference, shall be responsible for establishing the programmes, executive functions of the Transitional Government and public administration.

The Prime Minister shall also nominate the Ministers and Vice-Ministers and such other officials as he/she shall consider necessary to conduct the affairs of the Transitional Government as authorized by the Transitional Charter;

That there shall be established, as provided in the Transitional Charter, a Constituent Assembly which will function as a legislative authority as stipulated in the Transitional Charter;

That the Constituent Assembly will be composed of 189 members who shall be distributed as follows:

(a) Forty-six (46) seats are allocated to each of four Somali social groups (184 members);

(b) The remaining social groups are entitled to 3 and 2 seats respectively (5 members);

That there shall be established, as provided in the Transitional Charter, an independent judiciary system with no special courts;

That all functions and actions of the Transitional Government shall be effectual and binding upon the succeeding Government;

That the Transitional Government shall, as provided in the Transitional Charter, conduct, as soon as possible, a national census, from which an electoral system, including electoral registration, elections and other related democratic functions can be implemented;

That the Transitional Government shall act immediately to enlist the assistance of other nations in the fulfilment of all goals towards national unity and governance;

That the Prime Minister, acting on behalf of the Transitional Government, shall immediately take all steps necessary and continue to monitor the withdrawal of all confronting militias and the undersigned agree to offer any and all assistance and cooperation as may be required to permanently complete such disengagement;

That all checkpoints and lines of demarcation shall be withdrawn, and that the institution of such checkpoints and lines of demarcation shall be considered as a felonious act;

That ... the necessary actions to reopen the port and the airport of Mogadishu [shall be taken] as soon as possible;

and

That the Transitional Government shall immediately take such actions as are necessary to implement and sustain full civilian enforcement of the rule of law as provided in the Transitional Charter;

That the Transitional Government will limit its existence, and therefore the time of completion of its responsibilities, to a period of three years, with a possible extension of two additional years as provided for in the Transitional Charter;

and

That the popular approval of a permanent Constitution and first election of a succeeding Constitutional Government will be held before the completion of the transitional period and by the Transitional Government;

and

Be it Further Resolved:

That there is a need for a permanent constitution to be drafted during the transitional period, which enshrines, inter alia, the fundamental rights, liberties and duties of the Somali people;

and a system of checks and balances on the power of the Government should be established and approved through a national referendum;

That we, the undersigned, call upon all the Somali people to forget the painful differences of the past and to magnanimously work together for common forgiveness, reconciliation and the end of hatred and mistrust forever;

and

That every Somali should recognize that our common survival, well-being, interests and development depend upon our solidarity, indivisible unity and mutual respect;

and

That we need the help of, and appeal to, the nations of the world to assist us at this critical time of our history, and further appeal to the international community to recognize and support the Transitional Government of National Unity of Somalia upon its formation;

and

That we are most grateful to the international and regional organizations that have so persistently contributed to the promotion of peace and national reconciliation in Somalia, particularly the United Nations, the Organization of African Unity, the League of Arab States, the Organization of the Islamic Conference and members of the Movement of Non-Aligned Countries;

and

That we are likewise grateful to the friendly nations that have so generously provided their assistance in this process, with special thanks and gratitude to the Government and people of the Arab Republic of Egypt and

H.E. President Mohamed Hosni Mubarak for the enormous effort extended to enable us to come together and to conclude this unique, successful, historic and unprecedented breakthrough;

and

That we express our deep appreciation to all the States members of the Intergovernmental Authority on Development (IGAD), namely, Kenya, Ethiopia, Djibouti, Eritrea, the Sudan and Uganda, for the collective and individual efforts in promoting peace and reconciliation in Somalia;

and

That we are deeply appreciative to the Republic of Yemen for its contribution to and keen interest in the restoration of peace and promotion of national reconciliation in our country;

and

That the undersigned are today confident and proud to announce to the entire world our belief that the work accomplished here in Cairo lays a solid foundation for a new, bright beginning for Somalia and ushers in a new era of peace and reconciliation dawning on our land;

and

That we express profound thanks to Almighty God for having guided our steps towards the path of understanding, forgiveness, the attainment of common goals, the creation of a Government of National Unity and the restoration of Somalia in its rightful place among the world community.

That this solemn Declaration is signed and sealed in Cairo this 22nd day of December 1997, 22nd day of Shabaan 1418, in nine (9) authentic originals, together with annexed signature page (see appendix) consisting of all the delegates, in the English language.

That all originals and their annex have the same force and effect.

That each delegation has received an original, with one original to be deposited with the Government of the Arab Republic of Egypt, the United Nations, the League of Arab States, the Organization of African Unity, the Organization of the Islamic Conference IGAD and the Movement of Non-Aligned Countries.

(Signed) Hussein Mohamed AIDEED (Signed) Ali Mahdi MOHAMED Co-Chairman Co-Chairman

/...

Appendix

Signatures

(Signed) Hussein Mohamed AIDEED Co-Chairman

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

Mohamed Haji ADAN

Hilowle Iman OMAR

Mohamed Nur ALIYOW

Mohamed Farah ABDULHAI

Mohamed Kanyare AFRAH

Ahmed Omar JES

Jama Mohamed GALIB

Abdilkarim Ahmed ALI

Abdirhman Farah ISMAIL

Ali Haji Mohamed JABIRI

Hassan Mohamed NUR

Mohamed Farah JIMALE

Mohamed Khalif SHIRE

***

(Signed) Ali Mahdi MOHAMED Co-Chairman

Abdullahi Yousuf AHMED Member

(Signed) Abdelkader Mohamed ADDAN Member

Adan Abdullahi Nur GABYOW Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

(Signed)Member

Osman Hassan Ali ATTO

Abdi Mouse MAYOW

Mohamed Ragis MOHAMED

Abdullahi Sheikh ISMAIL

Omar Hagi MOHAMED

Abdi Osman FARAH

Abukar Abdi OSMAN

Mohamed Ali HAMED

Mohamed Abshir MOUSE

Ali Adan HUSSEEN

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