Final Communique of the 2nd Round of Talks between the Transitional Federal Government and the Islamic Courts

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Country/entity
Somalia
Region
Africa (excl MENA)
Agreement name
Final Communique of the 2nd Round of Talks between the Transitional Federal Government and the Islamic Courts
Date
4 Sep 2006
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Somali Civil War (1991 - ) )
Stage
Pre-negotiation/process
Conflict nature
Government
Peace process
Somalia Peace Process
Parties
Transitional Federal Government, signed for by Dr Abdullahi Sheikh Ismail; Islamic Courts Union, signed for by Dr Ibrahim Hassan Adow
Third parties
Witnesses: Dr Lam Akol Ajawin, Sudan Foreign Minister and Amb. Dr Salah Abdirisak Halima, Adviser of the SG of the Arab League

Present: UN, OIC, IGAD
Description
Agreement incorporates non-state factions into the police and national army to involve; parties also agree on a agenda for third round of talks and the agreement goes on to provide for an implementation mechanism with heavy international involvement.

Agreement document
SO_060904_Final Communiqué of the 2nd Round of Talks between the TFG and the Islamic Courts.pdf | Download PDF

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 1, Art. 5, The two sides should honour the unity and the nationhood of the Somali people
State configuration
No specific mention.
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 1, Art 6, The two sides should honour the will of the Somali people wherever they are.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
Power sharing→Political power sharing→General
State level
Page 1, The Two sides agreed the following:
...
Article 7, The remaining aspects of this agreement including discussions on political, power-sharing and security issues would be deliberated on the 3rd round of the talks.
Power sharing→Political power sharing→International involvement
State level
Page 1, Art. 9, The two sides agree on the formation of a technical committee consisting of the Arab League Presidency — Sudan, Arab League General Secretariat, Arab League Committee on Somalia and others from the Transitional Federal Government and Union of the Islamic Courts.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
Power sharing→Military power sharing→Merger of forces
Page 1, Art 2. To reconstitute the Somali National army and the national police force and work towards reintegration of the forces of the Islamic Courts, the TFG and other armed militias in the country. This will be realised through an agreed framework that will be in place during the agreement on the political programme.

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 1, ... To ascertain the aspirations of the Somali people in attaining peace,
stability and reconstruction, the talks has been conducted in a mutual and brotherly atmosphere...
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
No specific mention.
Ceasefire
No specific mention.
Police
Page 1, Art 2. To reconstitute the Somali National army and the national police force and work towards reintegration of the forces of the Islamic Courts, the TFG and other armed militias in the country. This will be realised through an agreed framework that will be in place during the agreement on the political programme.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, Art. 4, The two sides should refrain from helping, rearming and encouraging warlords

~

Page 1, Art 2. To reconstitute the Somali National army and me national police force and work towards reintegration of the forces of the Islamic Courts, the TFG and other armed militias in the country. This will be realised through an agreed framework that will be in place during the agreement on the political programme.

...Art. 4, The two sides should refrain from helping, rearming and encouraging warlords
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
Page 1, Art. 3. The two sides agreed to practise the principles of good neighbourlihood and peaceful co-existence between Somalia and its neighbouring countries as well as non-interference of each others affairs so as to create conducive atmosphere to build understanding and confidence.

Implementation

UN signatory
UN present at meeting
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 1, Art. 7. parties agree that polticial, power-sharing and secirty issues would be deliberated in 3rd round of talks. 8. parties agree to institutie a joint committee that would follow-up the agmt and at the same time exchange visits to build confidence and mutual collaboration. 9. The two sides agreed formation of a technical committee consisting of the Arab League Presicency- Sudan, AL General Secretariat, AL Committee on Somalia and other from both parties. 10. Two sides agree to meeting for third phase of talks on Oct 30, 2006.
Related cases
No specific mention.
Source
UN Peacemaker - http://peacemaker.un.org/; http://peacemaker.un.org/sites/peacemaker.un.org/files/SO_060904_Final%20Communiqu%C3%A9%20of%20the%202nd%20Round%20of%20Talks%20between%20the%20TFG%20and%20the%20Islamic%20Courts.pdf

Final Communique of the 2nd Round of Talks held for the Delegation of the Transitional Federal Government and Islamic Courts by the League of Arab States Committee on Somalia

Khartoum, 02-04th September 2006

On the 2-4th September 2006, second round of talks for the delegation of the Transiitonal Federal Government and Islamic Courts was held in Khartoum to the 1st round that was convened in Khartoum on 22nd June 2006.

To Ascertain the aspirations of the Somali people in attaining peace, stability and reconstruction, the talks has been conducted in a mutual and brotherly atmosphere.

The two sides agreed to the following:

1. To honour and implement provisions of the agreement signed jointly in Khartoum-Sudan on 22nd June 2006

2. To reconstitute the Somali National army and the national police force and work towards reintegration of the forces of the Islamic Courts, the TFG and other armed militias in the country.

This will be realised through an agreed framework that will be in place during the agreement on the political programme.

3. The two sides agreed to practise the principles of good neighbourliness and peaceful co-existence between Somalia and its neighbouring countries as well as non-interference of each others affairs so as to create conducive atmosphere to build understanding and confidence.

4. The two sides should refrain from helding, rearming and encouraging warlords.

5. The two sides should honour the unity and the nationhood of the Somali people.

6. The two sides should honour the will of the Somali people wherever they are.

7. The remaining aspects of this agreement including discussions on political, power-sharing and security issues would be deliberate on the 3rd round of the talks.

8. Institute a joint committee that would follow-up the agreement and at the sametime exchange visits to build confidence and mutual collaboration.

9. The two sides agreed formation of a technical committee consisting of the Arab League Presidency - Sudan, Arab League General Secretariat, Arab League Committee on Somalia and other from the Transitional Federal Government and Union of the Islamic Courts.

10. The two sides agreed to meet again in Khartoum-Sudan for the 3rd phase of the talks on 30th October 2006

11. Present at the meeting were:

United Nations, Organisation of the Islamic Conference (OIC), the European Union, African Union and Intergovernmental Authority on Development (IGAD).

It was also agreed that the above stated organisations would participate in the upcoming meetings that would discuss aforementioned issues

12. The two sides expressed their gratitudes to the people and the government of Sudan as well as President Omar Hassan al-Bashir for hosting the talks and at the sametime reaffirmed their commitment in pursuance of measures to ascertain the aspiration of the Somali people.

Dr. Abdullahi Shiekh Ismail, 1st Deputy Prime Minister of the Transitional Federal Government

Dr. Ibrahim Hassan Adow, Head of the ICU Delegation

Signed as Witness:

Dr. Lam Akol Ajawin, Sudan Foreign Minister

Amb. Dr. Salah Abdirisak Halima, Advisor to the Secretary General of the Arab League

Done in Khartoum, Tuesday 04th September 2006.