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Agreement between the President of the Transitional Federal Government of Somalia and the Speaker of the Transitional Federal Parliament (The Kampala Accord)

  • Country/entity

    Somalia
  • Region

    Africa (excl MENA)
  • Agreement name

    Agreement between the President of the Transitional Federal Government of Somalia and the Speaker of the Transitional Federal Parliament (The Kampala Accord)
  • Date

    9 Jun 2011
  • 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

    The President of the Transitional Federal Government and The Speaker of the Transitional Federal Parliament met in Kampala, Uganda under the auspices of His Excellency President Yoweri Kaguta Museveni and the facilitation of the Special Representative of the United Nations Ambassador Augustine P. Mahiga.
  • Third parties

    Page 1, Para 2, The meeting was held 'under the auspices of His Excellency President Yoweri Kaguta Museveni and the facilitation of the Special Representative of the United Nations Ambassador Augustine P. Mahiga' Page 1, para 3, 'All parties were cognisant of the counsel from the United Nations Security Council in their meeting of the 25th May 2011 to reach an agreement on ending the transitional phase. Cognisant of the counsel of the ICG Meeting of June 3rd, 2011. Cognisant of the concerns of the Troop Contributing Countries not to squander significant military progress and the readiness by the Regional Heads of State (IGAD and EAC with the participation of the United Nations (UNPOS) and the African Union) to oversee and monitor and guide and agreement by the Transitional Federal Institutions on bringing an end [to] the Transitional Phase on 20 August, 2011 and thereafter bringing in a new dispensation.'
  • Description

    Agreement sets forth a timetable for political appointments, elections, and external review of institutional performance, re-committing to the Transitional Federal Charter and the Djibouti Agreement.


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, 1. Recognizing the Transitional Federal Charter as the basis for the legitimacy of all Transitional Federal Institutions.
  • 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 2, 4, 1. In its oversight role, Parliament should facilitate the smooth functioning of government business in Parliament. Each branch of the TFPs will operate within the confines of its respective mandate to ensure harmonious and complimentary working relations. Government will initiate needed legislation in a timely manner and Parliament shall consider and act on proposed and pending legislation expeditiously.

    Page 2, 4i. The new Government and Parliament will work closely with each other through joint committees and their respective mandates to complete important priority tasks, including on security, Parliamentary reforms, constitution-making process, preparation for elections, and greater political outreach.
  • Elections
    Page 1, 4. The parties meeting in Kampala agreed to the following para meters:
    a. We agree to defer elections of the President and the Speaker and his deputies for twelve months after August, 2011 in order to adequately prepare and complete priority transitional tasks.
    b. Elections for President and Speaker of Parliament will have to take place prior to August 20, 2012.

    Page 2, 4. i. The new Government and Parliament will work closely with each other through joint committees and their respective mandates to complete important priority tasks, including on security, Parliamentary reforms, constitution-making process, preparation for elections, and greater political outreach.
  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 4. i. The new Government and Parliament will work closely with each other through joint committees and their respective mandates to complete important priority tasks, including on security, Parliamentary reforms, constitution-making process, preparation for elections, and greater political outreach.

Power sharing

  • Political power sharing
    Power sharing→Political power sharing→Executive coalition
    State level
    Page 2, 4. c. Within thirty days of the signing of this Agreement, the Prime Minister will resign from his position; and the President will appoint a new Prime Minister.
    d. Parliament will endorse the new Prime Minister within 14 days of the submission of the PM Nominee by the Office of the President.
    e. The New Prime Minister will appoint his cabinet within 30 days of his approval and submit it to President.
    f. Parliament will endorse the new cabinet within 14 days of the submission of the cabinet list by the Office of the President.
    g. While ensuring the new government reflects the 4.5 formula for power sharing. These appointments will be done in the spirit of collaboration and mutual confidence between the leaders of the TPs in accordance with their respective mandates.
    Power sharing→Political power sharing→Proportionality in legislature
    State level
    Page 2, 4. g. While ensuring the new government reflects the 4.5 formula for power sharing. These appointments will be done in the spirit of collaboration and mutual confidence between the leaders of the TPs in accordance with their respective mandates.
    Power sharing→Political power sharing→Form of 'veto' or communal majority
    State level
    Page 2, 4. k. The government should also not be subjected to motions unless that motion has been justified and substantia ted with strong evidence of a breach of the TFC.
    Power sharing→Political power sharing→International involvement
    State level
    Page 2, 4m. Both Government and Parliament shall work together with the international community to establish a roadmap with bench marks, timelines and compliance mechanisms for the implementation of the priority task. Details of the mechanisms to be agreed by 20 August 2011.

    Page 2, 4n. The Heads of State of the Region (IGAD and EAC) shall constitute a Political Bureau with participation of the UN (UNPOS) and the AU, similar to the Burundi Regional Peace Initiative. The Bureau shall oversee and monitor compliance of the TFls with agreed benchmarks and timelines to implement the transitional tasks and to advance the Somali Peace Process.
  • 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

    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
    Rights related issues→Media and communication→Media roles
    Page 2, 4. j. Both Government and Parliament will endeavor to create an environment to that is conducive to a cooperative working relationship and shall refrain from media recrimination, threat of impeachment of the President, Speaker and two deputy speakers of Parliament, and the dismissal of Parliament.
  • 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

    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 2, i. The new Government and Parliament will work closely with each other through joint committees and their respective mandates to complete important priority tasks, including on security, Parliamentary reforms, constitution-making process, preparation for elections, and greater political outreach.

    Page 3, 5. The parties agreed that support for the current military operations and completion of the rebuilding of the Security forces are fundamental to the success of the transitional period and agreed that a reformed Joint Security Committee will sit permanently in Mogadishu.
  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces
    Page 3, 5. The parties agreed that support for the current military operations and completion of the rebuilding of the Security forces are fundamental to the success of the transitional period and agreed that a reformed Joint Security Committee will sit permanently in Mogadishu.
  • 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 3, 7. All parties to this agreement agreed to the creation of a new Anti-Corruption Commission to safeguard the public wealth.
  • 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
    Witnessed by His Excellency President Yoweri Kaguta Museveni and the facilitation of the Special Representative of the United Nations Ambassador Augustine P. Mahiga.
  • Other international signatory
    Witnessed by His Excellency President Yoweri Kaguta Museveni (also Guarantor) and by the Special Representative of the United Nations Ambassador Augustine P. Mahiga.
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 2, 4o. The international partners and the Regional Bureau reserve the right to evoke appropriate measures with consequences to ensure compliance with the benchmarks and timelines by the TFls including the application of appropriate sanctions against spoilers.

    p. A mid-term review of performance of the TFls to take place in six month's time.
    ...
    9. HE President Yoweri Museveni of Uganda will Guarantee the implementation of this agreement and sign below as a witness .
  • Related cases

    No specific mention.

  • Source
    UNPOS http://unpos.unmissions.org/Portals/UNPOS/Repository%20UNPOS/110609%20-%20Kampala%20Accord%20(signed).pdf

AGREEMENT BETWEEN THE PRESIDENT OF THE TRANSITIONAL FEDERAL GOVERNMENT OF SOMALIA AND THE SPEAKER OF THE TRANSITIONAL FEDERAL PARLIAMENT OF SOMALIA MADE IN KAMPALA ON 9TH JUNE 2011 (THE KAMPALA ACCORD)

1. Recognizing the Transitional Federal Charter as the basis for the legitimacy of all Transitional Federal lnstitutions.

2. The President of the Transitional Federal Government and The Speaker of the Transitional Federal Parliament met in Kampala Uganda under the auspices of His Excellency President Yoweri Kaguta Museveni and the facilitation of the Special Representative of the Secretary General of the United Nations Ambassador Augustine P. Mahiga to address the issues and agree the way forward on bringing to an end the

transition in a spirit of cooperation and harmony in accordance with the Djibouti Agreement and in line with the Transitional Federal Charter.

3. All parties were cognisant of the counsel from the United Nations Security Council in their meeting of the 25th May 2011 to reach an agreement on ending the transitional phase.

Cognisant of the counsel of the ICG Meeting of June 3rd, 2011.

Cognisant of the concerns of the Troop Contributing Countries not to squander significant military progress and the readiness by the Regional Heads of State (IGAD and EAC with the participation of the United Nations (UNPOS) and the African Union) to oversee and monitor and guide any agreement by the Transitional Federal lnstitutions on bringing to an end the Transitional Phase on 20th August, 2011 and thereafter bringing in a new dispensation.

4. The parties meeting in Kampala agreed to the following parameters:

a. We agree to defer elections of the President and the Speaker and his deputies for twelve months after August, 2011 in order to adequately prepare and complete priority transitional tasks.

b. Elections for President and Speaker of Parliament will have to take place prior to August 20, 2012.

c. Within thirty days of the signing of this Agreement, the Prime Minister will resign from his position;

and the President will appoint a new Prime Minister.

d. Parliament will endorse the new Prime Minister within 14 days of the submission of the PM Nominee by the Office of the President.

e. The New Prime Minister will appoint his cabinet within 30 days of his approval and submit it to President.

f. Parliament will endorse the new cabinet within 14 days of the submission of the cabinet list by the Office of the President.

g. While ensuring the new government reflects the 4.5 formula for power sharing.

These appointments will be done in the spirit of collaboration and mutual confidence between the leaders of the TFis in accordance with their respective mandates.

h. All Ministers are to possess the education, experience and integrity to discharge their ministerial duties.

i. The new Government and Parliament will work closely with each other through joint committees and their respective mandates to complete important priority tasks, including on security, Parliamentary reforms, constitution-making process, preparation for elections, and greater political outreach.

j. Both Government and Parliament will endeavour to create an environment to that is conducive to a cooperative working relationship and shall refrain from media recrimination, threats of impeachment of the President, Speaker and two deputy speakers of Parliament, and the dismissal of Parliament.

k. The government should also not be subjected to motions unless that motion has been justified and substantiated with strong evidence of a breach of the TFC.

l. ln its oversight role, Parliament should facilitate the smooth functioning of government business in Parliament.

Each branch of the TFis will operate within the confines of its respective mandate to ensure harmonious and complimentary working relations.

Govemment will initiate needed legislation in a timely manner and Parliament shall consider and act on proposed and pending legislation expeditiously.

m. Both Government and Parliament shall work together with the international community to establish a roadmap with benchmarks, timelines and compliance mechanisms for the implementation of the priority task.

Details of the mechanisms to be agreed by 20 August 2011.

n. The Heads of State of the Region (IGAD and EAC) shall constitute a Political Bureau with participation of the UN (UNPOS) and the AU, similar to the Burundi Regional Peace Initiative.

The Bureau shall oversee and monitor compliance of the TFls with agreed benchmarks and timelines to implement the transitional tasks and to advance the Somali Peace Process.

o. The intemational partners and the Regional Bureau reserve the right to evoke appropriate measures with consequences to ensure compliance with the benchmarks and timelines by the TFls including the application of appropriate sanctions against spoilers.

p. A mid-term review of performance of the TFls to take place in six months time.

q. The international community shall undertake commitment to provide timely support for these efforts in line with agreed benchmarks and timelines.

r. The planned Mogadishu Conference will be convened by the TFG and TFP and facilitated by the SRSG to be held ata mutually agreed date as soon as possible.

5. The parties agreed that support for the current military operations and completion of the rebuilding of the Security forces are fundamental to the success of the transitional period and agreed that a reformed Joint Security Committee will sit permanently in Mogadishu.

6. All parties to this agreement should seek the support and reach out to all tl1e Somali stakeholders.

7. All parties to this agreement agreed to the creation of a new Anti-Corruption Commission to safeguard the public wealth.

8. We invite the international community and the regional actors to guarantee this political undertaking.

The parties to this agreement will seek the support and reach out to all Somali stakeholders.

9. HE President Yoweri Museveni of Uganda will Guarantee the implementation of this agreement and sign below as a witness.

10. This Agreement will come into effect when signed.

Signed this day 9'" June 2011 by:

HE Sharif Sheikh Ahmed

President of the Transitional Federal Government

H.E. Museveni

President of the Republic of Uganda

Hon Shariff Hassan Sheikh Aden

Speaker of the Transitional Federal Parliament

Winessed by:

Special Representative of the Secretary

General of the United Nations