Decision on the High Level Committee, Djibouti Agreement

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Country/entity
Somalia
Region
Africa (excl MENA)
Agreement name
Decision on the High Level Committee, Djibouti Agreement
Date
25 Nov 2008
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
Transitional Federal Government signed by Ahmed Abdisalaan Adan; Alliance for the Re-Liberation of Somalia signed by Abdirahman A. Warsame
Third parties
UN Special Representative of the Secretary-General signed by Ahmedou Ould-Abdallah; Minister of Religious Affairs and Waqf, Government of Djibouti.
Description
A short framework agreement for absorbing the ARS into the TFG; discussing the possibility of creating an international court for human rights violations and establishing mechanisms of accountability.

Agreement document
SO_081125_Decision on the High Level Committee Djibouti Agreement.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
Page 2, Art. 5, • An intention by the Parties to reach out to those who are outside the process as well as members of the civil society, including women and the business community, and the Diaspora. Seventy-five additional seats in the Parliament will be reserved to that end;
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, Art. 3. The Parties have agreed on a number of guiding principles as a framework to strengthen their commitments on political cooperation -particularly of the establishment of a Unity Government and an inclusive Parliament.
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 2, Art. 5, • An intention by the Parties to reach out to those who are outside the process as well as members of the civil society, including women and the business community, and the Diaspora. Seventy-five additional seats in the Parliament will be reserved to that end;
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→Executive coalition
State level
... • The establishment of a working group that will engage, under the facilitation of the United Nations, on details of the Unity structures and to submit proposals in 30 days to the next session of the High Level Committee.
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 2, 5. They agreed on the following proposals:
• That the new inclusive Parliament will have the responsibility to elect the new Leadership;
...
• The principle of responsible sharing of leadership positions will be adhered to;

Page 2, Art. 5. They agreed on the following proposals:
• To enlarge the Parliament by an extra 200 seats allocated to the Alliance for the Re-liberation of Somalia;
• An intention by the Parties to reach out to those who are outside the process as well as members of the civil society, including women and the business community, and the Diaspora. Seventy-five additional seats in the Parliament will be reserved to that end;
Power sharing→Political power sharing→International involvement
State level
Page 2, 5. They agreed on the following proposals:
... • The establishment of a working group that will engage, under the facilitation of the United Nations, on details of the Unity structures and to submit proposals in 30 days to the next session of the High Level Committee.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
Page 2, Art. 2. The parties welcome the conclusion of the Workshop on Justice and Reconciliation including agreement to possible establish a Commission of Inquiry and an international court to address violations of human rights and international law and impunity in their country. A joint working group has been establish to follow up on the preparation of next year's conference on Justice and Reconciliation.
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
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
• An intention by the Parties to reach out to those who are outside the process ... including ... business community ...
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
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
Page 1, Art. 4. These include:
• Addressing impunity through the Unity Government;
• Establishing mechanisms that will place priority on ensuring accountability
- politically, financially and morally
- of the Unity Government and respecting recognized international legal instruments.
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
Transitional justice→Courts→International courts
Page 2, Art. 2. The parties welcome the conclusion of the Workshop on Justice and Reconciliation including agreement to possible establish a Commission of Inquiry and an international court to address violations of human rights and international law and impunity in their country. A joint working group has been establish to follow up on the preparation of next year's conference on Justice and Reconciliation.
Mechanism
Page 2, Art. 2. The parties welcome the conclusion of the Workshop on Justice and Reconciliation including agreement to possible establish a Commission of Inquiry and an international court to address violations of human rights and international law and impunity in their country. A joint working group has been establish to follow up on the preparation of next year's conference on Justice and Reconciliation.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
Page 2, Art. 2. The parties welcome the conclusion of the Workshop on Justice and Reconciliation including agreement to possible establish a Commission of Inquiry and an international court to address violations of human rights and international law and impunity in their country. A joint working group has been establish to follow up on the preparation of next year's conference on Justice and Reconciliation.

Implementation

UN signatory
UN Special Representative of the Secretary-General signed as witness.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
UN Peacemaker - http://peacemaker.un.org/; http://peacemaker.un.org/sites/peacemaker.un.org/files/SO_081125_Decision%20on%20the%20High%20Level%20Committee%20Djibouti%20Agreement.pdf

Decisions of the High Level Committee

Djibouti Agreement

25 November, 2008

Djibouti

Building on the 26 October 2008 Joint Declaration, and encouraged by the spirit of unity prevailing at the peace talks, the Transitional Federal Government and the Alliance for the Re-liberation of Somalia requested the United Nations Special Representative of the Secretary-General for Somalia, Ahmedou Ould-AbdalJah, to state the following on their behalf:

1. The Parties thank the Somali people for their patience and support, and commend their determination in encouraging sustainable peace.

They commit themselves to redouble their efforts towards achieving this goal on behalf of the people.

2. The Parties welcome the conclusions of the Workshop on Justice and Reconciliation including agreement to possibly establish a Commission of Inquiry and an intemational court to address violations of human rights and intemational law and impunity in their country.

A joint working group has been establislıed to follow up on the preparation of next year's conference on Justice and Reconciliation.

3. The Parties have agreed on a number of guiding principles as a framework to strengthen their commitments on political cooperation - particularly of the establishment of a Unity Govemment and an inclusive Parliament.

4. These include:

• Addressing impunity through the Unity Government;

• Establishing mechanisms that will place priority on ensuring accountability - politically, fınancially and morally - of the Unity

Government and respecting recognized intemational legal instruments.

5. They agreed on the foIIowing proposals:

I • To enlarge the Parliament by an extra 200 seats allocated to the Alliance for the Re-liberation of Somalia;

• An intention by the Parties to reach out to those who are outside the process as well as members ofthe civil society, including women and the business community, and tbe Diaspora.

Seventy-five additional seats in the Parliament will be reserved to that end;

• That the new inclusive Parliament will have the responsibility to elect the new Leadership;

• The principle of responsible sharing of leadersh.ip positions will be adhered to;

• A two-year extension of the Transitional Period;

• All Agreements resulting from the process will be embedded as Aınendments to the Transitional Federal Charter;

• The establishment ofa working group that will engage, under the facilitation ofthe United Nations, on details ofthe Unity structures and to

submit proposals in 30 days to the next session ofthe High Level Committee.

6. The Parties reaffirm their grave concem o ver the recent acts of piracy.

The United Nations Special Representative ofthe Secretary-General for Somalia

[signature]

Ahmed Abdisalaan Adan

Transistional Federal Govemment

Ahmedou Ould-Abdallah

United Nations Special Repr sentative of the Secretary-General

Abdirahman A. Warsame

Alliance for the Re-liberation of Somalia

Witnessed by

Hamud A. Suldao

Minister of Religious Affairs and W AQF

Government of Djibouti