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.

• Agreement document

  SO_120622_ProtocolFacilitationCommittee.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 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.