Agreement between the Transitional Federal Government of Somalia and Ahlu Sunna Waljama’a

  • Country/entity
    Somalia
  • Region
    Africa (excl MENA)
  • Agreement name
    Agreement between the Transitional Federal Government of Somalia and Ahlu Sunna Waljama’a
  • Date
    15 Mar 2010
  • 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
    1. Transitional Federal Government of Somalia (TFG), signed by Sharif Hassen Sheikh Aden
    2. Ahlu Sunna Waljama’a (ASWJ), signed by Shiek Mahamoud Yussus Heefaw.
  • Third parties
    This agreement has been signed in the presence of IGAD African Union, UNPOS, League of Arab States and IGAD Partners Forum Representatives.
    H.E. Seyoum Mesfin, Minister of firegn Affairs of the FDRE and Chairperson of the IGAD Council of Ministers;
    H.E. Dr. Jean Ping, Chairperson of the AU Commission;
    H.E. Amb. Ahmedou Oul-dAbdallah, SRSG of the UN for Somalia;
    H.E. Stefano A. Dejak, Amb. of Italy to Somalia for IGAD Partners forum;
    H.E. Amb. Salim Alkussaibi, Sepcial Envoy of the League of Arab States to Somalia.
  • Description
    Agreement to integrate ASWJ into the structures of Government, and re-committing to the Transitional Federal Charter and the Djibouti Agreement, with a view to consolidating the peace process in an inclusive manner.


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
    Groups→Religious groups→Substantive
    Page 3, article 1, 4. The TFG and ASWJ shall jointly combat extremist ideologies that are alien to Somali values, culture and traditional Islamic practice through, inter alia, the establishment of a National Advisory Council of Ulemas.
  • 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)

    No specific mention.

  • 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 3, Article 1, 1 The TFG has agreed to integrate ASWJ into the structures of the Government; ASWJ, as well, has agreed to join the Government. On the basis of Transitional Federal Charter, both sides agreed to work in unison to make the TFIs effective both at the regional and national levels.

    Page 3, article 1, 4. The TFG and ASWJ shall jointly combat extremist ideologies that are alien to Somali values, culture and traditional Islamic practice through, inter alia, the establishment of a National Advisory Council of Ulemas.

    Page 5, Article 4 Implementation Committee: The TFG and AS\V) shall, immediately upon the signing of this Agreement, establish a Joint Committee, which shall implement the provisions of this Agreement within one (1) month, with the support of IGAD, the African Union, UNPOS and other partners.
  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders
    Page 3, article 1, 4. The TFG and ASWJ shall jointly combat extremist ideologies that are alien to Somali values, culture and traditional Islamic practice through, inter alia, the establishment of a National Advisory Council of Ulemas [Islamic Scholars].
  • Public administration
    Page 3, article 1, 5. The TFG and ASWJ shall, on the basis of the Transitional Federal Charter and the Djibouti Peace process, integrate their administration and security forces without any further delay.

    See Political Power Sharing (State-level) for method of integration.

    Page 4, Article 3
    Integration of ASWJ into TFG

    The TFG shall recognize and support administrations established or being established by ASWJ in areas under its control. These administrations shall be part and parcel of the TFG.
  • Constitution

    No specific mention.


Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    State level
    Sub-state level
    Page 3, Article 1, 1 The TFG has agreed to integrate ASWJ into the structures of the Government; ASWJ, as well, has agreed to join the Government. On the basis of Transitional Federal Charter, both sides agreed to work in unison to make the TFIs effective both at the regional and national levels.

    Page 4, Article 3
    Integration of ASWJ into TFG

    The TFG shall recognize and support administrations established or being established by ASWJ in areas under its control. These administrations shall be part and parcel of the TFG.

    ASWJ shall, in areas under its administration, establish local police and militia with the support of the TFG with a view to stabilizing these areas.
    Power sharing→Political power sharing→Executive coalition
    State level
    Sub-state level
    Page 4, Article 2
    Allocation of Government Positions to ASWJ

    ASWJ shall be integrated into the TFG. The TFG shall allocate to the ASWJ government positions as follows:

    1. Five (5) Ministers of categories A,B,C;
    2. One (1) Minister of State;
    3. Five (5) Assistant Ministers of categories A, B, C;
    4. Five (5) Directors-General of categories A, B, C;
    5. Five (5) Directors of Departments of categories A, B, C;
    6. Three (3) Deputy Commanders of the National Armed, Police and Security Forces;
    7. Three (3) Ambassadors;
    8. Three (3) Consular Officers;
    9. Three (3) Commercial Attaches; 10. Three (3) Military Attaches;
    and 11. Three (3) Cultural Attaches.
    Power sharing→Political power sharing→International involvement
    State level
    Sub-state level
    Page 5, Article 4 Implementation Committee: The TFG and AS\V) shall, immediately upon the signing of this Agreement, establish a Joint Committee, which shall implement the provisions of this Agreement within one (1) month, with the support of IGAD, the African Union, UNPOS and other partners.
  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing
    Power sharing→Military power sharing→Merger of forces
    Page 3, article 1, 5. The TFG and ASWJ shall, on the basis of the Transitional Federal Charter and the Djibouti Peace process, integrate their administration and security forces without any further delay.

    Page 4, Article 3 Integration of ASWJ into TFG: ASWJ forces shall be an integral part of the TFG forces and be deployed by the central command of the TFG in areas where they can effectively combat extremist and terrorist groups.
    Power sharing→Military power sharing→Joint command structures
    Page 5, Article 4 Implementation Committee: The TFG and AS\V) shall, immediately upon the signing of this Agreement, establish a Joint Committee, which shall implement the provisions of this Agreement within one (1) month, with the support of IGAD, the African Union, UNPOS and other partners.
    Power sharing→Military power sharing→Proportionality
    Page 3, article 1, 4. The TFG and ASWJ shall jointly combat extremist ideologies that are alien to Somali values, culture and traditional Islamic practice through, inter alia, the establishment of a National Advisory Council of Ulemas.

    Page 4, Article 3
    Integration of ASWJ into TFG
    ...
    ASWJ shall, in areas under its administration, establish local police and militia with the support of the TFG with a view to stabilizing these areas.

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
    Human rights and equality→Civil and political rights→Equality
    Page 3, Article 1, 2. The TFG and ASWJ commit themselves to reach out to all Somali forces that renounce violence and support the Djibouti peace process, and to work tirelessly to make the TFG more inclusive.
    Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
    Page 1, untitled preamble, AWARE of the need for the preservation and promotion of traditional Islamic practice and shared traditional values of the people of Somalia in order to combat foreign extremist and terrorist ideologies and to bring lasting peace and security in the country;
  • 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
    Page 1, untitled preamble, AWARE of the need for the preservation and promotion of traditional Islamic practice and shared traditional values of the people of Somalia in order to combat foreign extremist and terrorist ideologies and to bring lasting peace and security in the country;

Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 1, untitled preamble, COGNIZANT of the need to fully integrate into the TFG, the forces and the administrations established or being established by ASWJ;
  • 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
    Land, property and environment→Cultural heritage→Promotion
    Page 3, article 1, 4. The TFG and ASWJ shall jointly combat extremist ideologies that are alien to Somali values, culture and traditional Islamic practice through, inter alia, the establishment of a National Advisory Council of Ulemas.
  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees
    Page 2, untitled preamble: DETERMINED to pool together all their resources, both human and material, with a view to eradicate the scourge of extremism and terrorism imposed on the people of Somalia by internal and external extremists/terrorist elements and to establish lasting peace and security in the country;

    Page 3, article 1, 5. The TFG and ASWJ shall, on the basis of the Transitional Federal Charter and the Djibouti Peace process, integrate their administration and security forces without any further delay.
  • Ceasefire

    No specific mention.

  • Police
    Page 4, Article 3 Integration of ASWJ into TFG: ASWJ shall, in areas under its administration, establish local police and militia with the support of the TFG with a view to stabilizing these areas.
  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1, untitled preamble, RECOGNIZING that ASWJ has demonstrated, in practice, its strong commitment and reliability as a grass roots movement of the Somalia people and a force for peace that stands against the extremist and terrorist groups and makes huge sacrifices;
  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism
    [Summary] Agreement has several provisions on fighting terrorism and religious ideological extremism.

    Page 1, untitled preamble, RECOGNIZING that ASWJ has demonstrated, in practice, its strong commitment and reliability as a grass roots movement of the Somalia people and a force for peace that stands against the extremist and terrorist groups and makes huge sacrifices;

    Page 1, untitled preamble, AWARE of the need for the preservation and promotion of traditional Islamic practice and shared traditional values of the people of Somalia in order to combat foreign extremist and terrorist ideologies and to bring lasting peace and security in the country;

    Page 2, untitled preamble: DETERMINED to pool together all their resources, both human and material, with a view to eradicate the scourge of extremism and terrorism imposed on the people of Somalia by internal and external extremists/terrorist elements and to establish lasting peace and security in the country;

    Page 1, Article 1, Objectives
    ... 3. The TFG and ASWJ pledge their resolve to mobilize the Somali people, both in the country and in the Diaspora, to support the Djibouti peace process and the TFIs and the fight against terrorism and extremism and for the reconstitution of the Somali nation.

    Page 4, Article 3 Integration of ASWJ into TFG: ASWJ forces shall be an integral part of the TFG forces and be deployed by the central command of the TFG in areas where they can effectively combat extremist and terrorist groups.

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
    [Summary] This agreement has been signed in the presence of IGAD African Union, UNPOS, League of Arab States and IGAD Partners Forum Representatives.
  • 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 - http://unpos.unmissions.org/Portals/UNPOS/Repository%20UNPOS/100315%20-%20Agreement%20bet%20TFG%20&%20ASWJ.pdf

AGREEMENT BETWEEN THE TRANSITIONAL FEDERAL GOVERNMENT OF SOMALIA AND AHLU SUNNA WALJAMA'A

15 March 2010, Addis Ahaba

The Transitional Federal Government of Somalia (hereinafter referred to as "TFG") and Ahlu Sunna Wal Jama'a (hereinafter referred to as

"ASWJ"):

DETERMINED to pool together ali their resources, both human and material, with a view to eradicate the scourge of extremism and terrorism imposed on the people of Somalia by internal and external extremists/terrorist elements and to establish lasting peace and security in the country;

RECOGNIZING the Transitional Federal Charter of Somalia and the Djibouti Agreement as the sole basis for establishing the political

framework for Somalia and to establish peace and security in the country;

RECALLING their Agreement signed on 21 June 2009 in Nairobi, Kenya;

RECALLING FURTHER the Communique on Somalia of the 34th Extraordinary Session of the IGAD Council of Ministers held in Addis

Ababa, Ethiopia on 30 January 2010;

RECOGNIZING that ASWJ has demonstrated, in practice, its strong commitment and reliability as a grass roots movement of the Somalia

people and a force for peace that stands against the extremist and terrorist groups and makes huge sacrifices;

COGNIZANT of the need to fully integrate into the TFG, the forces and the administrations established or being established by ASWJ;

AWARE of the need for the preservation and promotion of traditional Islamic practice and shared traditional values of the people of Somalia in order to combat foreign extremist and terrorist ideologies and to bring lasting peace and security in the country;

EXPRESSING their appreciation and gratitude to the member states of IGAD for their relentless efforts to bring peace and stability in Somalia;

and also appreciating the efforts of the Government of Ethiopia for facilitating the negotiation process that led to this agreement

HAVE AGREED AS FOLLOWS:

Article 1

Objectives

1 The TFG has agreed to integrate ASWJ into the st:

nıctures of the Government;

ASWJ, as well, has agreed to join the Government.

On the basis of Transitional Federal Charter, both sides agreed to work in unison to make the TFGs effective both at the regional and national levels.

2. The TFG and ASWJ commit themselves to reach out to all Somali forces that renourıce violence and support the Djihouti peace process, and to work tirelessly to make the TFG more inclusive.

3. The TFG and ASWJ pledge their resolve to mohilize the Somali people, hoth in the country and in the Diaspora, to support the Djibouti peace process and the TFis and the fight against terrorism and extremism and for the reconstitution of the Somali nation.

4. The TFG and ASWJ shall jointly comhat extremist ideologies that are alien to Somali values, culture and traditional Islamic practice

through, inter alia, the estahlishment of a National Advisory Council of Ulemas.

5. The TFG and ASWJ shall, on the hasis of the Transitional Federal Charter and the Djihouti Peace process, integrate their administration and security forces without any further delay.

Article 2:

Allocation of Govemment Positions to ASWJ

ASWJ shall be integrated irıto the TFG.

The TFG shall allocate to the ASWJ goverrunent positions as follows:

1. Five (5) Mirıisters of categories A,B,C;

2. One (1) Minister of State;

3. Five (5) Assistant Ministers of categories A, B, C;

4. Five (5) Directors-General of categories A, B, C;

5. Five (5) Directors of Departments of categories A, B, C;

6. Three (3) Deputy Commanders of the National Armed, Police and Security Forces;

7. Three (3) Ambassadors;

8. Three (3) Consular Offıcers;

9. Three (3) Commercial Attaches;

1 O. Three (3) Military Attaches;

and

11. Three (3) Cultural Attaches.

Article 3:

Integration of ASWJ into TFG

The TFG shall recognize and support administrations established or being established by ASWJ in areas under its control.

These

administrations shall be part and parcel of the TFG.

ASJW shall, in areas under its adıninistration, establish local police and militia with the support of the TFG with a view to stabilizing these areas.

ASJW forces shall be an integral part of the TFG forces and be deployed by the central command of the TFG in areas where they can effectively combat extremist and terrorist groups.

Article 4:

Implementation Committee

The TFG and ASJW shall, immediately upon the signing of this Agreement, establish a Joint Committee, which shall implement the provisions of this Agreement within one (1) month, with the support of IGAD, the African Union, UNPOS and other partners.

Article 5:

Entry into Force

1. This agreement enters into force on the date of its signature.

2 This agreement has been signed in the presence of IGAD African Union, UNPOS, League of Arab States and IGAD Partners Forum Representatives.

3. This Agreement shall be implemented by the two sides within a period of thirty (30) days after its signature.

Done in Addis Ababa, Ethiopia on this 15th Day of the Month of March in the Year Two Thousand and Ten.

For the Transitional Federal Government of Somalia

Sharif Hassen Sheik Aden

Deputy Prime Minister and Minister of Finance

For Ahlu Sunna Wal Jama'a

Yussuf Heefaw

Executive Chairman

Witnesses

[See Agreement]