Joint Communiqué of the Consultative Meeting of the Signatories of the Process for Ending the Transition

Export agreement:

Export agreement coding (PDF)

Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Joint Communiqué of the Consultative Meeting of the Signatories of the Process for Ending the Transition
Date: 22 Jun 2012
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 Peace Process
Parties: The meeting in Nairobi was attended by: 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: Agreement approves the four Protocols and commits to operating within the previously agreed time frame to end the transitional period.

Agreement document: SO_120622_JointCommuniquéConsultativeMeetingEndTransition.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: 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 2, 4. Establishment of committees on ending the transitional period
As per the agreement reached by the Signatories in Addis Ababa, the members of the
following committees have now been selected:
a) Technical Selection Committee;
b) Elders Arbitration Committee;
c) Technical Facilitation Committee;
d) Roadmap Signatories Coordination Office.
The names of the members of the above committees will be made public immediately by
the TFG/TFIs.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: 4. Establishment of committees on ending the transitional period
As per the agreement reached by the Signatories in Addis Ababa, the members of the
following committees have now been selected:
...
b) Elders Arbitration Committee;
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, Art. 3, The National Constituent Assembly (NCA) will now convene on 12 July 2012 and will conclude its work on 20 July. The NCA will dissolve when it concludes its deliberations by voting on the draft for provisional adoption prior to eventual approval by the Somali people through a direct referendum.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Implements the following protocols, which provide for power-sharing:
The signatories signed the following Protocols:
1. Protocol on the Technical Selection Committee;
2. Protocol establishing the Technical Facilitation Committee;
3. Protocol establishing the National Constituent Assembly;
4. Protocol establishing a new Somali Federal Parliament.
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: 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: 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: 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: 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: 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
Other international signatory: No specific mention.
Referendum for agreement: Page 2, Art. 3, The National Constituent Assembly (NCA) will now convene on 12 July 2012 and will conclude its work on 20 July. The NCA will dissolve when it concludes its deliberations by voting on the draft for provisional adoption prior to eventual approval by the Somali people through a direct referendum.
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_120622_JointCommuniqu%C3%A9ConsultativeMeetingEndTransition.pdf

Joint Communiqué of the Consultative Meeting of the Signatories of the Process for Ending the Transition

22 June 2012, Nairobi

The Signatories of the Roadmap for Ending the Transition in Somalia met from 20 to 22 June 2012 in Nairobi, Kenya, to address a number of outstanding issues and to finalize the agreements reached at the meeting held in Addis Ababa, Ethiopia, from 21 to 23 May 2012.

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.

The meeting in Nairobi was attended by:

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.

1. Protocols to end the transition

The Signatories discussed, reviewed and approved the Protocols to end the transition drafted by the Signatories’ Technical Revision Committee established under the Addis Abba agreement in May 2012.

The signatories signed the following Protocols:

Protocol on the Technical Selection Committee;

Protocol establishing the Technical Facilitation Committee;

Protocol establishing the National Constituent Assembly;

Protocol establishing a new Somali Federal Parliament.

The President also signed a Decree, witnessed by the Signatories, establishing a legal framework to conclude the constitutional making process through provisional adoption of the constitution by the National Constituent Assembly.

2. Draft Provisional Constitution

The signatories have collectively initialled the revised draft Provisional Constitution finalized by the Signatories’ Technical Revision Committee established in Addis Ababa.

This is now the official draft of the Provisional Constitution.

The Committee has now been renamed the Technical Facilitation Committee and is chaired by the Minister of Constitutional Affairs and Reconciliation.

Before the draft is handed over to the National Constituent Assembly, a four-day programme of civic education on the final draft will be undertaken by the IFCC.

The

IFCC will then hand over the draft back to the Technical Facilitation Committee, which is the body responsible for presenting the draft to the National Constituent Assembly.

3. National Constituent Assembly

The National Constituent Assembly (NCA) will now convene on 12 July 2012 and will conclude its work on 20 July.

The NCA will dissolve when it concludes its deliberations by voting on the draft for provisional adoption prior to eventual approval by the Somali people through a direct referendum.

4. Establishment of committees on ending the transitional period

As per the agreement reached by the Signatories in Addis Ababa, the members of the following committees have now been selected:

a) Technical Selection Committee;

b) Elders Arbitration Committee;

c) Technical Facilitation Committee;

d) Roadmap Signatories Coordination Office.

The names of the members of the above committees will be made public immediately by the TFG/TFIs.

5. The remainder of the transitional period

The Signatories have collectively committed to meet the deadlines stipulated under the Addis Ababa agreement and expressed their collective resolve in ending the transition and ushering in a new political dispensation under a provisional Constitution adopted by the National Constituent Assembly.