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Protocol Establishing the Signatories Technical Facilitation Committee

  • Country/entity

    Somalia
  • Region

    Africa (excl MENA)
  • Agreement name

    Protocol Establishing the Signatories Technical Facilitation Committee
  • 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

    Agreement establishes the criteria and functions of the Signatories Technical Facilitation Committee, which is primarily to provide support for the constitutional drafting process.


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, ARTICLE 2, Establishment of the Signatories Technical Facilitation Committee, 1. The Signatories Technical Facilitation Committee is comprised of 18 persons which shall include women.
  • 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)

    No specific mention.

  • 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

    No specific mention.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 2, ARTICLE 3, Functions of the Signatories Technical Facilitation Committee, 1. The Signatories Technical Facilitation Committee shall––
    (a) Finalize the draft of the new provisional constitution for provisional adoption in accordance with––
    (i) The Transitional Federal Charter, as amended by Decree dated June 22, 2012; and
    (ii) All directions and agreements reached by the Somali Roadmap Signatories;

    (b) Include within the draft provisional constitution a chapter on final and transitional provisions––
    (i) A Schedule of Transitional Provisions to give full effect to the Roadmap principles as agreed in the accords referred to in Article 1 (2); and

    (ii) any further Articles or provisions as appear necessary or desirable to finish the text as a complete, harmonious statement meeting the criteria set out in paragraph
    (a), subject to approval from the Somali Roadmap Signatories;

    [...] (c) Advise the Somali Roadmap Signatories on refinements, revisions, insertions or deletions that may be required to perfect the text of the draft provisional constitution;

    (d) Ensure that the text of the draft provisional constitution is complete, coherent and internally consistent in every respect before publishing it to the National Constituent Assembly for consideration;

    (e) Provide such advice to the National Constituent Assembly and its committees concerning the meaning and interpretation of provisions of the text of the draft provisional constitution as stipulated in the Protocol Establishing the Somali National Constituent Assembly, adopted by the Somali Roadmap Signatories on June 22, 2012;

    (f) In consultation with the Legal Committee and the Coordinating Committee of the National Constituent Assembly propose revisions of the text of the draft provisional constitution in any manner required to address issues referred to the Signatories Technical Facilitation Committee by the National Constituent Assembly; and

    (g) Prepare and publish the final text of the new constitution, if it has been provisionally approved by the National Constituent Assembly.

    2. In carrying out its functions under clause (1) (g), the Signatories Technical Facilitation Committee––
    (a) May effect any revisions as may be required to correct patent errors in spelling, punctuation, grammar, numbering, cross-­‐references, consistency and usage, internal conflicts, disharmonies and similar errata and infelicities that are apparent on the face of the document; and
    (b) Shall publish, with the final text, a list of all such changes that the Signatories Technical Facilitation Committee makes to the text, with a brief explanation of the reason for the change.

    3. The Signatories Technical Facilitation Committee shall publish the text of the draft provisional constitution for public review and comment at the time, and in the manner, as may be directed by the Somali Roadmap Signatories from time to time.

Power sharing

  • Political power sharing

    No specific mention.

  • 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

    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_120622_ProtocolFacilitationCommittee.pdf

Protocol Establishing the Signatories Technical Facilitation Committee

Adopted June 22, 2012

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

Article 1

This Protocol establishes and sets forth the powers and duties of the Signatories Facilitation Committee.

ARTICLE 2

Establishment of the Signatories Technical Facilitation Committee

The Signatories Technical Facilitation Committee is comprised of 18 persons which shall include women.

If a member of the Signatories Technical Facilitation Committee is unable or unwilling to continue to serve, the Somali Roadmap Signatories shall appoint a replacement member of the Signatories Technical Facilitation Committee.

Each member of the Signatories Technical Facilitation Committee shall––

a. Be a Somali citizen;

b. Be at least 21 years old;

c. Have demonstrated legal skills or comparable experience;

d. Be of good standing and repute in Somali society, as an honest, patriotic, and tolerant citizen who upholds the rights of all Somalis;

e. Have no known history or record of committing serious crimes or crimes against humanity.

ARTICLE 3

Functions of the Signatories Technical Facilitation Committee

1. The Signatories Technical Facilitation Committee shall––

(a) Finalize the draft of the new provisional constitution for provisional adoption

in accordance with––

(i) The Transitional Federal Charter, as amended by Decree dated June 22,

2012;

and

(ii) All directions and agreements reached by the Somali Roadmap

Signatories;

(b) Include within the draft provisional constitution a chapter on final and transitional provisions––

(i) A Schedule of Transitional Provisions to give full effect to the Roadmap principles as agreed in the accords referred to in Article 1 (2);

and

(ii) any further Articles or provisions as appear necessary or desirable to finish the text as a complete, harmonious statement meeting the criteria set out in paragraph (a), subject to approval from the Somali Roadmap Signatories;

(c) Advise the Somali Roadmap Signatories on refinements, revisions, insertions or deletions that may be required to perfect the text of the draft provisional constitution;

(d) Ensure that the text of the draft provisional constitution is complete, coherent and internally consistent in every respect before publishing it to the National Constituent Assembly for consideration;

(e) Provide such advice to the National Constituent Assembly and its committees concerning the meaning and interpretation of provisions of the text of the draft provisional constitution as stipulated in the Protocol Establishing the Somali National Constituent Assembly, adopted by the Somali Roadmap Signatories on June 22, 2012;

(f) In consultation with the Legal Committee and the Coordinating Committee of the National Constituent Assembly propose revisions of the text of the draft provisional constitution in any manner required to address issues referred to the Signatories Technical Facilitation Committee by the National Constituent Assembly;

and

(g) Prepare and publish the final text of the new constitution, if it has been provisionally approved by the National Constituent Assembly.

2. In carrying out its functions under clause (1) (g), the Signatories Technical Facilitation Committee––

(a) May effect any revisions as may be required to correct patent errors in

spelling, punctuation, grammar, numbering, cross-references, consistency and usage, internal conflicts, disharmonies and similar errata and infelicities that are apparent on the face of the document;

and

(b) Shall publish, with the final text, a list of all such changes that the Signatories Technical Facilitation Committee makes to the text, with a brief explanation of the reason for the change.

3. The Signatories Technical Facilitation Committee shall publish the text of the draft provisional constitution for public review and comment at the time, and in the manner, as may be directed by the Somali Roadmap Signatories from time to time.