Protocol Establishing the Somali New Federal Parliament

• Country/entity

  Somalia
  
• Region

  Africa (excl MENA)
  
• Agreement name

  Protocol Establishing the Somali New Federal Parliament
• Date

  22 Jun 2012
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Somali Civil War (1991 - ) )
• Stage

  Implementation/renegotiation
• Conflict nature

  Government/territory
• Peace process

  Somalia Peace Process
• Parties

  President Sheikh Sharif Sheikh Ahmed of the Transitional Federal Government of Somalia; Honourable Sharif Hassan Sheikh Aden, Speaker of the Transitional Federal Parliament; Prime Minister Abdiweli Mohamed Ali; President Abdirahman Mohamed Mohamoud ‘Farole’ of Puntland; President Mohamed Ahmed Alin of Galmudug; and, representatives of Ahlu Sunna Wal Jama’a.
• Third parties

  The meeting was facilitated by the United Nations under the auspices of the Special Representative of the Secretary-General for Somalia, Ambassador Augustine P. Mahiga.
• Description

  The agreement implements previous commitments made by the signatories and sets out the terms for the establishment of the New Federal Parliament.

• Agreement document

  SO_120622_ProtocolFederalParliament.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

Protocol Establishing the Somali New Federal Parliament

Adopted June 22, 2012

The Somali Roadmap Signatories, committed to facilitating the implementation of their previous agreements adopted at Kampala, Mogadishu, Garowe and Galka’yo and Addis Ababa, carrying out the directions given by Decree of the President on June 22, 2012, hereby adopt the following Protocol to establish the Constituent Assembly referred to in that Decree.

ARTICLE 1

The New Federal Parliament

This Protocol establishes the New Federal Parliament.

ARTICLE 2 Establishment and Selection Process of the New Federal Parliament

The New Federal Parliament shall comprise of a Lower House termed the House of the People and an Upper House.

The House of the People shall consist of 225 members.

During the first term of the new Federal Parliament, the composition of the Upper House shall be formed on the basis of the 18 Regions based on the regional demarcations before 1991 until such time as present and future federal states form.

The Upper House during its first term shall consist of a maximum of 54 members.

The nominations for the New Federal Parliament shall comply with the selection criteria and other requirements stated in in this Protocol and the companion Protocols.

The Technical Selection Committee will assist the Traditional Leaders as determined by the Protocol Establishing the Technical Selection Committee June 22, 2012.

The Traditional Leaders shall consult with their clans and shall nominate 225 members for the House of the People of which at least 30 percent shall be women and 54 members for the Upper House of the New Federal Parliament based on the regional representation stipulated in Article 2.3.

In the event that the Technical Selection Committee determines that a nomination or nominations do not conform to the objective selection criteria, the name or names will be sent back to the Traditional Leaders and a new candidate or candidates must be submitted so as to complete the process as stipulated by the Addis Ababa Communiqué.

The finalized and fully vetted nomination list of the New Federal Parliament shall be published by the Technical Selection Committee in accordance with the Addis Ababa Communiqué.

ARTICLE 3

New Federal Parliament Members

The House of the People shall comprise 225 members of whom at least 30 percent must be women.

The Upper House of the New Federal Parliament shall comprise no more than 54 members, which should represent the 18 regions based on the regional demarcations before 1991 on an equal basis.

Each member of the New Federal Parliament shall be selected and appointed by the Traditional Elders , based on the 4.5 formula, and each must––

a) Be a Somali citizen;

b) Be aged between 25-75 year;

c) Have a minimum secondary school education;

d) Not have a criminal record;

e) Not be declared mentally incompetent;

f) Must respect Islamic values;

and

g) Must have relevant experience.

Collectively, the New Federal Parliament must be inclusive, broadly representative and generally reflect the composition of Somali society.

The Traditional Leaders, supported by the Technical Selection Committee who vets nominees, and in consultation with their clans and with different sectors of Somali civil society, including religious leaders, intellectuals, youth, women, and business people, shall select the members of the New Federal Parliament from among persons whom the Technical Selection Committee has vetted.

The Technical Selection Committee’s functions in relation to the nomination of the New Federal Parliament are stated in Protocol Establishing the Technical Selection Committee.

Any dispute during the selection process for members of the New Federal Parliament shall be referred to the Elders Arbitration Board for resolution as set forth in the Addis Ababa Agreement.