Agreement between the TFG and the Puntland Regional State of Somalia (Galkayo Agreement)

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Country/entity: Somalia
Puntland
Region: Africa (excl MENA)
Agreement name: Agreement between the TFG and the Puntland Regional State of Somalia (Galkayo Agreement)
Date: 23 Aug 2009
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Somali Civil War (1991 - )
Originally spurred by centre-peripheral tensions, fighting broke out in 1981 between the regime of President Said Barre and the Somali National Movement, a militia primarily consisting of members from the northern Ishaq clan. Fighting intensified in the late 1980s as more clan-based militias arose. President Barre’s regime collapsed in late 1991 and as a result the UN intervened. However persistent attacks on the UN’s forces forced a withdrawal in 1994. From the mid- to late 1990s, the character of the conflict shifted as warlords fought for access to rents. Also during this period, two different peace agreements arose; the Sodere Declaration, which was mediated by Ethiopia and supported by IGAD, and the Cairo Accord, which was brokered by Egypt. Fighting, already noticeably lessened compared to the early 1990s, decreased and the more amicable environment paved the way for the Transitional Government to be formed in 2000 (replaced in 2004 by the Transitional Federal Government).

Nonetheless, opposition to the TFG arose in the form of the Islamic Courts Union (ICU), which by early 2006 had taken control of most of southern Somalia until they were ousted by an armed intervention by Ethiopia in December 2006. As a result, the ICU splintered. Hard-line ICU members formed the Takfiri organization, Harakat al-Shabaab al-Mujahideen, and launched a guerrilla campaign against the TFG. Another faction of the ICU fled to Djibouti and formed the Alliance for the Re-liberation of Somalia, which was absorbed into the ruling TFG after successful negotiations in 2007.

To deal with the new round of fighting, the UN-mandated AMISOM force was deployed in 2007. Since then, insecurity has fluctuated between the urban and rural areas as the al-Shabaab's territorial gains waver. Local militia leaders maintain de facto governance over communities. From 2009 to 2012, insecurity spilled over into the Gulf of Aden and the Indian Ocean when Somali pirates seized, looted and ransomed ships. In 2014, 'Operation Indian Ocean' was launched and in parallel with infighting among al-Shabaab, the organisation's position in Somalia has diminished slightly. However, as evidenced by large-scale attacks by al-Shabaab in northern Kenya throughout 2013-2015, the lack of security continues to destabilize the region. Al-Shabaab continues to launch surprise attacks with the aim of forcing out foreign military presence in Somalia. Targets include both military forces and civilians. The devastating attack in October 2017 in Mogadishu saw 587 fatalities and resulted in a renewed military offensive by the Somali government and African Union allies. Since 2017, the U.S. has increased its air strikes targeting al-Shabaab militants, and in December 2018 they announced to re-establish a permanent diplomatic mission in the country. Al-Shabaab has been characterized as a spoiler in the Somali peace process and have therefore been placed outside of any negotiations.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Somalia-Puntland Peace Process
Parties: Prime Minister of TFG, signed by Omar Abdurashid Ali Sharmarke; President of Puntland, Abdurahman Mohamed Mohamed 'Farole'
Third parties: -
Description: Short agreement agreeing to integrate Puntland into the Transitional Federal Government, including Puntland participation in the constitutional drafting process; the participation of Puntland in meetings of interest to it; the continuation of the F.A.L. development plans by the Mogadishu government; establishing Somali Army training camps and a Maritime Police Forces center in Puntland; continuing the fight against piracy; distribution of education bursaries to Puntland; training teachers in Puntland; establishing international humanitarian offices in Puntland; keeping contact with Somalis abroad presevering Somali culture; integrating regional administrations.

Agreement document: SO_090823_Agreement between TFG and the Puntland Regional State of Somalia (Galcayo Agr.).pdf (opens in new tab) | 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, 11. The IFG Ministry of Education and that of Puntland shall have a joint working relationship and shall harmoniously work on means of training teachers and headmasters/headmistress. They will also work on means of unifying the curriculum of the Somali Education System.
Men and boys: Gender→Men and boys→Gender neutral wording
Page 2, 11. The IFG Ministry of Education and that of Puntland shall have a joint working relationship and shall harmoniously work on means of training teachers and headmasters/headmistress. They will also work on means of unifying the curriculum of the Somali Education System.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, Art 1, To strengthen the Unity and Sovereignty of the Somali State and the TFG recognized Puntland as part of the Somali Republic, committed to peace, stability, law and order, with functioning administration and it is spearheading the Federal System of Administration in Somalia,
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): Governance→Political institutions (new or reformed)→General references
Page 1, 2, To speed-up the drafting of the Federal Constitution and nominate a Committee that will implement and conduct a referendum on the Constitution.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: Page 1, Art 1, To strengthen the Unity and Sovereignty of the Somali State and the TFG recognized Puntland as part of the Somali Republic, committed to peace, stability, law and order, with functioning administration and it is spearheading the Federal System of Administration in Somalia,

Page 2, Art. 15. Lastly, the two sides were in agreement that the Ministries of the TFG and those of the Puntland Regional Administration should establish permanent working relationship,
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, 2, To speed-up the drafting of the Federal Constitution and nominate a Committee that will implement and conduct a referendum on the Constitution.

3, To implement issues related to the constitution and the establishment of the Federal System of administration; to two sides agreed to set-up a centre in Garowe for the Constitution Drafting Committee. Puntland will provide the necessary help to the Committee to allow it fulfil its mandate.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 1, Art. 3, To implement issues related to the constitution and the establishment of the Federal System of administration; to two sides agreed to set-up a centre in Garowe for the Constitution Drafting Committee.

Art. 4. In reference to the Transitional Federal Charter, the two sides agreed to speed up the establishment of the remaining Federal States, encourage and offer the necessary support to Puntland Regional State

Page 1, Art. 5, Puntland, as a regional administration, will participate in meetings pertaining to its interests.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Art 1, To strengthen the Unity and Sovereignty of the Somali State and the TFG recognized Puntland as part of the Somali Republic, committed to peace, stability, law and order, with functioning administration and it is spearheading the Federal System of Administration in Somalia,
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: Rights related issues→Protection measures→Other
Page 2, Art. 13. ... They [The TFG and Puntland] also appealed for the enhancement of Somali language, poetry, and protection of Somali Museums and historical sites.

Page 2, Art. 13. The TFG and Puntland are appealing for the development and protection of the Islamic Religion and norms.
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, Art. 1O. The two sides agreed to give 25% of education bursaries received by the T FG .. These bursaries should be given through competitive examinations manned by the Puntland Ministry of Education and in this regard the TFG Ministry of Higher Education will play a supervisory role.

Art. 11, The IFG Ministry of Education and that of Puntland shall have a joint working relationship and shall harmoniously work on means of training teachers and headmasters/headmistress. They will also work on means of unifying the curriculum of the Somali Education System
National economic plan: Page 1, Art. 6, The TFG promises that it will strive with Puntland on ways of identifying and completing the developmental programs that were undertaken in Puntland by F.AL (Fonda Aiuto Italiano) before the collapse of the Somali Government in 1 992
Natural resources: No specific mention.
International funds: Page 1, 8. While acknowledging the threat being posed on the Regions in Puntland by the pirates, the TFG and the Puntland Administration agreed to establish a large centre for the Somali Marine Forces and called on the International Community to provide the proposed centre with the adequate support

Page 2, Art 10. The two sides agreed to give 25% of education bursaries received by the T FG. These bursaries should be given through competitive examinations manned by the Puntland Ministry of Education and in this regard the TFG Ministry of Higher Education will play a supervisory role.

... Art. 12. The two sides agreed that offices of International Agencies involved in Somali affairs should be relocated to peaceful areas in Somalia such as Puntland.
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: Land, property and environment→Cultural heritage→Tangible
Page 2, Art. 13. ... They [The TFG and Puntland] also appealed for the enhancement of Somali language, poetry, and protection of Somali Museums and historical sites.
Land, property and environment→Cultural heritage→Intangible
Page 2, Art. 13. The TFG and Puntland are appealing for the development and protection of the Islamic Religion and norms.
Land, property and environment→Cultural heritage→Promotion
Page 2, Art. 14. The two sides also agreed to maintain permanent contacts with Somalis abroad and encourage them to preserve their culture, religion, language and to further encourage them to take part in the rehabilitation of the country. The Somalis are also advised to live in honour and dignity with the communities that host and offer them resettlement opportunities.
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: Page 1, Art 7. The two sides agreed to establish training facilities in Puntland for the armed Somali forces and provide necessary logistics and material support.

8. While acknowledging the threat being posed on the Regions in Puntland by the pirates, the TFG and the Puntland Administration agreed to establish a large centre for the Somali Marine Forces and called on the International Community to provide the proposed centre with the adequate support
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Art. 9. The TFG and the Puntland agreed to jointly corporate (sic) on means of fighting pirates and illegal immigrates who are posing threats to the overall peace in Somalia particularly in the Puntland area,
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: No specific mention.

Implementation

UN signatory: No specific mention.
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_090823_Agreement%20between%20TFG%20and%20the%20Puntland%20Regional%20State%20of%20Somalia%20(Galcayo%20Agr.).pdf

In the name of Allah most Gracious most Merciful

An Agreement between the Transitional Federal Government and the Puntland Regional State of Somalia

23 August 2009

A high level delegation lead by Omar Abdurashid Ali Sharmarke, Prime Minister of the Transitional Federal Government, arrived for an official visit in the town of Galkayo, Puntland, where he was warmly received by the leaders of the Puntland Regional State including President Abdurahmam Mohamed Mohamued "Farole".

The two sides agreed on the following points:

1. To strengthen the Unity and Sovereignty of the Somali State and the TFG recognized Puntland as part of the Somali Republic, committed to peace, stability, law and order, with functioning administration and it is spearheading the Federal System of Administration in Somalia,

2. To speed-up the drafting of the Federal Constitution and nominate a Committee that will implement and conduct a referendum on the Constitution.

3. To implement issues related to the constitution and the establishment of the Federal System of administration;

to two sides agreed to set-up a centre in Garowe for the Constitution Drafting Committee.

Puntland will provide the necessary help to the Committee to allow it fulfil its mandate.

4. In reference to the Transitional Federal Charter, the two sides agreed to speed up the establishment of the remaining Federal States, encourage and offer the necessary support to Puntland Regional State

5. Puntland, as a regional administration, will participate in meetings pertaining to its interests.

6. The TFG promises that it will strive with Puntland on ways of identifying and completing the developmental programs that were undertaken in Puntland by F .AL (Fonda Aiuto Italiano) before the collapse of the Somali Government in 1991.

7. The two sides agreed to establish training facilities in Puntland for the armed Somali forces and provide necessary logistics and material support.

8. While acknowledging the threat being posed on the Regions in Puntland by the pirates, the TFG and the Puntland Administration agreed to establish a large centre for the Somali Marine Forces and called on the International Community to provide the proposed centre with the adequate support

9. The TFG and the Puntland agreed to jointly corporate on means of fighting pirates and illegal immigrates who are posing threats to the overall peace in Somalia particularly in the Puntland area,

10. The two sides agreed to give 25% of education bursaries received by the TFG .. These bursaries should be given through competitive examinations manned by the Puntland Ministry of Education and in this regard the TFG Ministry of Higher Education will play a supervisory role.

11 The IFG Ministry of Education and that ofPuntland shall have a joint working relationship and shall harmoniously work on means of training teachers and headmasters/headmistress.

They will also work on means of unifying the curriculum of the Somali Education System

12. The two sides agreed that offices of International Agencies involved in Somali affairs should be relocated to peaceful areas in Somalia such as Puntland.

13. The TFG and Puntland are appealing for the development and protection of the Islamic Religion and norms.

They also appealed for the enhancement of Somali language, poetry, and protection of Somali Museums and historical sites.

14. The two sides also agreed to maintain permanent contacts with Somalis abroad and encourage them to preserve their culture, religion, language and to further encourage them to take part in the rehabilitation of the country.

The Somalis are also advised to live in honour and dignity with the communities that host and offer them resettlement opportunities.

15. Lastly, the two sides were in agreement that the Ministries of the TFG and those of the Puntland Regional Administration should establish permanent working relationship,

Galkayo, 23 August 2009

Omar Abdurashid Ali Sharmarke

Prime Minister

Signatures

Abdurahmam Mohamed Mohamued "Farole".

President of Puntland State