Declaration on Cessation of Hostilities and the Structures and Principles of the Somalia National Reconciliation Process (Eldorat Declaration)

  • Country/entity
    Somalia
  • Region
    Africa (excl MENA)
  • Agreement name
    Declaration on Cessation of Hostilities and the Structures and Principles of the Somalia National Reconciliation Process (Eldorat Declaration)
  • Date
    27 Oct 2002
  • 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
    Transitional National Government, signed for by Hassan Abshir, Prime Minster; Puntland State of Somalia, signed for by Abdullahi Yusuf, President of Puntland State of Somalia; Transitional National Assembly, signed for by Abdalla Derow Isak, Speaker of the Assembly; Somalia Reconciliation and Restoration Council, signed for by Hussein Farah Aideed, Co-Charirman of SRRC; RRA, signed for by Col. Hassan Mohamed Nur 'Shatigudud', Chairman of RRA; USC, signed for by Mohamed Qanyara Afrah, Chairman; HPA, signed for by Col. Hassan Abdulla Qalad, Chairman; SAMO/SRRC Nakuru, signed for by Mowlid Ma'ane Mohamoud, Chairman; USC/SSA/SRRC, signed for by Musa Sudi Yalahow, Chairman; USC/SSA, signed for by Omar Mohamoud Mohamed, Chairman; USC/SNA/SRRC, signed for Osman Hassan Ali 'Atto', Chairman; SNF/SRRC, signed for by Mohamed Sayyid Aden, Chairman; SNF, signed for by Col. Abdifizak Isak Bihi, Chairman; SPM, signed for by Gen. Mohamed Siad Hersi, Deputy Chairman; JVA, signed for by Bare Aden Shire, Chairman; Jowhar Administration, signed for by Mohamed Omar Habeeb 'Dhere', SSNM/BIREM, signed for by Abdullahi Sheikh Ismail, Chairman; SRRC, signed for by Hilowle Imam Omar, Co-Chairman; SSNM/SNA, signed for by Abdulaziz Sheikh Yousuf, Chairman; SPM, signed for by Gen. Aden Abdullahi Nur 'Gabiyow', Chairman; SPM/Nakuru, signed for by Mohamed Aden Wayel, Chairman; Civil Society, signed for by Dr Sharif Salah Mohamed Ali.
  • Third parties
    -
  • Description
    Parties commit to building federal governance structures, a cessation of hostilities, to implement the UN arms embargo on Somalia.


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

    No specific mention.

  • 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

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)
    Page 2, untitled preamble, 'WELCOMING the commitment of the international Community to respect the, Sovereignty. Territorial integrity, political independence and unity of Somalia;
  • State configuration
    Page 3, Article 1 Federalism:
    1) To create federal governance structures for Somalia embodied in a Charter or Constitution, which are inclusive, representative, and acceptable to all the parties
    2) To endorse the principle of decentralization as an integral part
    of Somalia's governance structures.
  • 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)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 4, Article 3 Enhanced Safe Access for Aid
    2) To guarantee the security of all humanitarian and development personnel and installations, including those of the United Nations Agencies, non-governmental organizations, ICRC and donor governments and organizations
    3) To ensure that the safe access to aid for all the people of Somalia is enhanced

    Page 5, Article 6 Monitoring of the Declaration
    1) To invite IGAD, the African Union and the international community ...
    2) To support the establishment of enforcement mechanisms for the safe delivery of humanitarian aid and implementation of this declaration and all further agreements reached in the interest of the people of Somalia.

    Signatory: Dr. Sharif Salah Mohamed Ali 'On behalf of civil society'
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing
    Power sharing→Territorial power sharing→Federal or similar sub-divided government
    Page 3, Article 1 Federalism
    1) To create federal governance structures for Somalia embodied in a Charter or Constitution,
    which are inclusive, representative, and acceptable to all .the parties
    2) To endorse the principle of decentralization as an integral part
    of Somalia's governance structures ·
    3) To ensure the rights, ·representation and protection of all
    Somali individuals and groups
  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 2, untitled preamble, GUIDED by the common desire of the people of Somalia for
    Peace;
    AWARE of the prevailing poverty of the Somali people and their humanitarian needs; DESIRING to bring an end to the continuing conflict in
    Somalia;
    COMMITTED to the improvement of regional security for all Somalis and the regional states;

    Page 3, Article 1 Federalism ... 3) To ensure the rights, representation and protection of all Somali individuals and groups
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights
    Human rights and equality→Civil and political rights→Life
    Article 4
    Endorsement of Outcomes of the Peace Process
    1) To undertake political negotiations and technical discussions
    in good faith and in a spirit of cooperation during each phase of
    the Somalia National Reconciliation Process
    2) To abide by the conclusions resulting from the Somalia
    National Reconciliation Process
  • Socio-economic rights
    Human rights and equality→Socio-economic rights→Adequate standard of living
    Page 4, Article 3 Enhanced Safe Access for Aid
    1) To respect the rights of the people of Somalia to receive humanitarian assistance

Rights related issues

  • Citizenship

    No specific mention.

  • Democracy
    Page 3, Article 1 Federalism ... 3) To ensure the rights, representation and protection of all Somali individuals and groups
  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access
    Page 4, Article 3 Enhanced Safe Access for Aid
    2) To guarantee the security of all humanitarian and development personnel and installations, including those of the United Nations Agencies, non-governmental organizations, ICRC and donor governments and organizations
    3) To ensure that the safe access to aid for all the people of Somalia is enhanced

    Page 5, Article 6 Monitoring of the Declaration
    1) To invite IGAD, the African Union and the international community ...
    2) To support the establishment of enforcement mechanisms for the safe delivery of humanitarian aid and implementation of this declaration and all further agreements reached in the interest of the people of Somalia.
  • Protection measures
    Rights related issues→Protection measures→Protection of civilians
    Page 3, Article 1 Federalism ... 3) To ensure the rights, representation and protection of all Somali individuals and groups
  • 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 2, untitled preamble,
    AWARE of the prevailing poverty of the Somali people and their humanitarian needs;
    ... (page 3) ACKNOWLEDGING that the Somali authorities have the primary responsibility for ensuring the wellbeing of civilians in Somalia;
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds
    Page 5, Article 6 Monitoring of the Declaration
    1) To invite IGAD, the African Union and the international community to support and monitor the implementation of this declaration and all farther agreements reached
    2) To support the establishment of enforcement mechanisms for the safe delivery of humanitarian aid and implementation of this declaration and all further agreements reached in the interest of the people of Somalia.
  • 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 5, Article 5, Combating Terrorism
    1) To combat all forms of terrorism, and to cooperate with the international community in the fight against terrorism pursuant to UN Security Council Resolution 1373 of 2002
    2) To prevent the use of Somali territory as a base for any terrorist activities
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 3, Article 2, Cessation of Hostilities
    1) To abstain from the conduct of hostilities in Somalia from 27 October 2002 and to maintain this state of affairs during the peace process, its implementation and subsequently
  • Police

    No specific mention.

  • Armed forces
    Page 3, Article 2, Cessation of Hostilities
    3) To ensure that all political, militia and other groups maintain only defensive military positions and capabilities, and refrain from any military provocations
  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 3, Article 2, Cessation of Hostilities
    4) To implement fully the United Nations Arms Embargo for Somalia (UN Security Council Resolution 733 of 1992)
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 3, Article 2, Cessation of Hostilities
    3) To ensure that all political, militia and other groups maintain only defensive military positions and capabilities, and refrain from any military provocations
  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism
    Page 5, Article 5, Combating Terrorism
    1) To combat all forms of terrorism, and to cooperate with the international community in the fight against terrorism pursuant to UN Security Council Resolution 1373 of 2002
    2) To prevent the use of Somali territory as a base for any terrorist activities

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
    PAge 3, APPRECIATING further the efforts of the International
    Community in promoting national reconciliation in Somalia;

    Page 4-5, Article 4, Endorsement of Outcomes of the Peace Process:
    1) To undertake political negotiations and technical discussions in good faith and in a spirit of cooperation during each phase of the Somalia National Reconciliation Process
    2) To abide by the conclusions resulting from the Somalia National Reconciliation Process
    3) To implement all the resolutions of the Process in good faith and in a timely way

Implementation

  • UN signatory
    UN Representative of the Secretary General for Somalia signed as witness.
  • Other international signatory
    Hon. E.W. Mwangale, EGH, Special Envoy for Somalia.
    Witnesses: IGAD, Djibouti ambassador to Somalia, Ethiopian Special Envoy for Somalia. In the presence of Special Envoy of Italy, League of Arab States, Egypt, US Ambassador to Kenya, EU and European Commission delegation to Kenya, UNSRSG for Somalia
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 3, Article 2, Cessation of Hostilities ...
    5) To invite the international community to undertake field based and remote monitoring of the arms-embargo, and to guarantee their representatives unimpeded and safe access
  • Enforcement mechanism
    Page 5, Article 6, Monitoring of the Declaration
    1) To invite IGAD, the African Union and the international community to support and monitor the implementation of this declaration and all farther agreements reached
    2) To support the establishment of enforcement mechanisms for the safe delivery of humanitarian aid and implementation of this declaration and all further agreements reached in the interest of the people of Somalia.
  • Related cases

    No specific mention.

  • Source
    UN Peacemaker - http://peacemaker.un.org/; http://peacemaker.un.org/sites/peacemaker.un.org/files/SO_021027_CessationHostilitiesAndStructuresSomaliaNationalReconciliation.pdf

Note verbale dated 11 December 2002 from the Permanent Mission of Kenya to the United Nations addressed to the President of the Security Council

The Kenya Mission to the United Nations presents its compliments to the President of the Security Council and has the honour to request that the Declaration on Cessation of Hostilities and the Structures and Principles of the Somalia National Reconciliation Process, which was signed in Eldoret, Kenya, on Sunday, 27 October 2002, be issued as a document of the Security Council (see annex).

S/2002/1359

Annex to the note verbale dated 11 December 2002 from the Permanent Mission of Kenya to the United Nations addressed to the President of the Security Council

Somalia National Reconciliation Process Eldoret, Kenya

Declaration on Cessation of Hostilities and the Structures and Principles of the Somalia National Reconciliation Process

WE the undersigned,

GUIDED by the common desire of the people xtf Somalia for peace;

AWARE of the prevailing poverty of the Somali people and their humanitarian needs;

DESIRING to bring an end to the continuing conflict in Somalia;

COMMITTED to the improvement of regional security for all Somalis and the regional states;

WELCOMING the commitment of the international community to respect the sovereignty, territorial integrity, political independence and unity of Somalia;

APPRECIATING the leading role of the IGAD Frontline Slates (Djibouti, Ethiopia and Kenya) hi this process;

APPRECIATING further the efforts of the international community in promoting national reconciliation in Somalia;

ACKNOWLEDGING that the Somali authorities have the primary responsibility for ensuring the well being of civilians in Somalia;

HEREBY SOLEMNLY UNDERTAKE the following commitments:

Article 1 Federalism

1) To create federal governance structures for Somalia, embodied in a Charter or Constitution, which are inclusive, representative, and acceptable to all the parties

2) To endorse the principle of decentralization as an integral part of Somalia's governance structures

3) To ensure the rights, representation and protection of all Somali individuals and groups

Article 2

Cessation of Hostilities

1) To abstain from the conduct of hostilities in Somalia from 27 October 2002 and to maintain this state of affairs during the peace process, its implementation and subsequently

2) To use only peaceful means in the resolution of all disputes between political, military and other groups and the communities they represent

3) To ensure that all political, military and other groups maintain only defensive military positions and capabilities, and refrain from any military provocations

4) To implement folly the United Nations Arms Embargo for Somalia (UN Security Council Resolution 733 of 1992)

5) To invite the international community to undertake field- based and remote monitoring of the arms-embargo, and to guarantee their representatives unimpeded and safe access

Article 3

Enhanced Safe Access for Aid

1) To respect the rights of the people of Somalia to receive humanitarian assistance

2) To guarantee the security of all humanitarian and development personnel and installations, including those of the United Nations Agencies, non-governmental organizations, ICRC and donor governments and organizations

3) To ensure that the safe access to aid for all the people of Somalia is enhanced

Article 4

Endorsement of Outcomes of the Peace Process

1) To undertake political negotiations and technical discussions in good faith and in a spirit of cooperation during each phase of the Somalia National Reconciliation Process

2) To abide by the conclusions resulting from the Somalia National Reconciliation Process

3) To implement all the resolutions of the Process in good faith and in a timely way

Article 5

Combating Terrorism

1) To combat all forms of terrorism, and to cooperate with the international community in the fight against terrorism pursuant to UN Security Council Resolution 1373 of 2002

2) To prevent the use of Somali territory as a base for any terrorist activities

Articled

Monitoring of the Declnration

1) To invite IGAD, the African Union and the international community to support and monitor the implementation of this declaration and all farther agreements reached

2) To support the establishment of enforcement mechanisms for the safe delivery of humanitarian aid and implementation of this declaration and all further agreements reached in the interest of the people of Somalia.

OONE at Eldoret, Kenya, on Sunday, 27 October 2002.

SIGNED by:

Hassan Abshif

Prime Minister of Transitional National Government

Abdallah

Speaker of the Transitional National Assembly

Col. Hassan Mohamed Nur

Abdullahi Yusuf

President of Puntland State of Somalia

Hussein Farah Aideed Co-Chairmari of Somalia Reconciliation and Restoration Council (SRRC)

Motiamed Qanyare [...] Chair

Mowlid Ma'ane Moharaoud Chairman, SAMO/SRRC Nakuni

Omar MehUnioud Mohsfmed

Mohamed [...] Chairman of SNF/SRRC

Mohamed Siad Hersi Morgan, Deputy SPM Chairman

[...], Chairman of RRA

Col. Hassan Abdulla Qalad Chairman of HPA

[...], USC/SSA/SRRC

[...], Chairman of USC/SNA/SRRC Nakuru

Col. Abd Mzak [...], Chairman of SNF

Bare Aden Shire Chairman of JVA

Xbdullahi Sheikh Ismail Chairman of SSNM/BIRBM"

AbduIazizSneikirYousuf Chairman of SSNM/SNA

Mohamed Aden "Wayel CliainnanSPM/Nakiini .

Mohamed Omar Habeeb 'Dhcre' Chairman of JowharAdministration

Hilowle Imam Or Co-Chairman

[...], SPM

Dr. Sharif Salah Mohamed [...] On Behalf of Civil Society

WITNESSED by:

H.E. Hon.

Elijah W. Mwangale,

H.E. President Daniel arap Moi's Special Envoy for Somalia and Chairman pf the IQAD Technical Committfe

Dr. Atalla Al-Bashir Executive Secretary of iGAD

'Abdulaziz Ahmed Special Envoy of tthe Federal Democratic Republic of Ethiopia for Somalia

[...] Goulal Boudine

Ambassador of the Republic of Djibouti to Somalia

IN THE PRESENCE of:

Amb. Carlo Ungaro

Special Envoy of Italy (Chair of GAD Partners Forum for Somalia)

Amb. Mostafa Khedre Deputy Assistant Minster for Foreign Affairs of the Arab Republic of Egypt

[...]

Huropean Unwin and European Commission Delegation in Kenya

[...]

Special Envoy of the Arab League

Mr. Glenn Warren

Embassy of the United States in Kenya

Amb. Winston [...]

UN Representative of the Secretary General for Somalia