Agreement between the Federal Government of Somalia and Puntland State of Somalia
- Country/entitySomalia
Puntland - RegionAfrica (excl MENA)
Africa (excl MENA) - Agreement nameAgreement between the Federal Government of Somalia and Puntland State of Somalia
- Date14 Oct 2014
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageImplementation/renegotiation
- Conflict natureGovernment/territory
- Peace processSomalia Peace Process
- Parties1. Federal Government of Somalia
2. Puntland State of Somalia - Third parties-
- DescriptionAgreement between Federal Government and State-level authorities to resume relations and cooperate on ongoing state-building processes, and defining the terms of the relationship.
- Agreement document
- Agreement document (original language)
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 genderPage 3, 1. Constitution and Federalism; 8. Federal Government Appointments, The two parties agree that the appointments of Federal Government positions such as officers of the armed forces, civil servants, members of the independent commissions and diplomats etc. shall be done fairly with the view of adequate representation of 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 delimitationPage 1, 1. Constitution and Federalism; 1.3. Formation of Federal Member States:
• The formation of Federal Member States shall be in accordance with the Federal Constitution.
• The parties agree that the interim administration of the central state facilitated by FGS shall consist of Galgaduud and southern Mudug. Likewise, Northern Mudug is an integral part of Puntland State. - 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 administrationPage 3, 1. Constitution and Federalism; 8. Federal Government Appointments, The two parties agree that the appointments of Federal Government positions such as officers of the armed forces, civil servants, members of the independent commissions and diplomats etc. shall be done fairly with the view of adequate representation of women.
- ConstitutionGovernance→Constitution→Constitutional reform/makingPage 2, 1.2. Completion and Implementation of Federal Constitution: The two parties agree that the completion and implementation of the federal constitution shall be done according to Chapter 15 of the Provisional Federal Constitution.
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharingPower sharing→Territorial power sharing→Federal or similar sub-divided governmentPage 1, 1. Constitution and Federalism; 1.1. Concerns on changes of the Federal Constitution: The Federal Government of Somalia acknowledges the concerns raised by the Puntland government about changes to the Federal Constitution. The two parties agree that the issue will be referred to the Federal parliament and the parliament of Puntland. The Federal Government will facilitate this process.
Page 1, 1. Constitution and Federalism; 1.3. Formation of Federal Member States:
• The formation of Federal Member States shall be in accordance with the Federal Constitution.
• The parties agree that the interim administration of the central state facilitated by FGS shall consist of Galgaduud and southern Mudug. Likewise, Northern Mudug is an integral part of Puntland State.
Page 2, 1. Constitution and Federalism, 3. Consultations between the Federal Government of Somalia and the Government of Puntland on issues pertaining to international agreements on development: The two parties agree to engage in consultation on issues related to international agreements on development as stipulated in Article 53 of the Federal Constitution.
4. Sharing International Aid and Assistance Received in the Name of Somalia: The two parties agree to ensure fair distribution of aid and assistance received in the name of Somalia. - Economic power sharingPower sharing→Economic power sharing→Fiscal federalismPage 1, 6. Recovered National Assets
The two parties agree that all recovered assets shall be shared fairly and shall ensure that the recovery process is transparent. - Military power sharing
No specific mention.
Human rights and equality
- Human rights/RoL general10. Fostering Good Relationship between the Federal Government of Somalia and the Government of Puntland; The two parties agree to implement the best practices approach articulated in article 1 of the agreement of March 11, 2013 which reads as follows:
1.3. To implement all agreements between Puntland and the Transitional Federal Governments of Somalia, so long as they do not contradict the Constitution.
1.4. To respect and implement the Federal Constitution.
1.5. To stop and prevent anything that can harm the relations and cooperation between the two sides and to resolve any grievances through dialogue. - 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 planPage 2, 1. Constitution and Federalism, 5. Vision 2016
• The two parties agree that there have been inadequate consultations on the implementation of Vision 2016.
• The two parties agree to engage in a dialogue on Vision 2016 in order to overcome the existing challenges. - 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/rightsLand, property and environment→Land reform/rights→Property return and restitutionPage 3, 9. Restitutions of Property
The two parties agreed that restitution of property shall be implemented as per article 6 section 6.1 of the agreement signed on March 11, 2013 which states the following:
"The two sides agreed that the Federal Government of Somalia to accelerate the process of returning private properties [to its rightful owners] in order to achieve a real reconciliation, while appointing an independent national commission with powers to implement decisions." - 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 GuaranteesPage 4, 1. Constitution and Federalism, 12. This agreement ends any misunderstanding between the two parties and ushers a new era of collaboration and cooperation, to further advance the ongoing state building processes at national and state levels and to address security matters.
- Ceasefire
No specific mention.
- Police
No specific mention.
- Armed forcesPage 1-2, 1. Constitution and Federalism, 1.4. Building of Inclusive National Army: The two parties agree that the building of an inclusive national army shall be conducted according to Garowe agreement of 11 March, 2013 signed by H. E. Prime Minister Abdi Farah Shirdon and H.E. President Abdirahman Sheikh Mohamed Mohamud Faroole which reads as follows "to build a balanced and integrated national army that is recruited from all regions and districts of the country."
Page 3, 1. Constitution and Federalism; 8. Federal Government Appointments, The two parties agree that the appointments of Federal Government positions such as officers of the armed forces, civil servants, members of the independent commissions and diplomats etc. shall be done fairly with the view of adequate representation of women. - 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.
- CorruptionPage 2, 1. Constitution and Federalism,
6. Recovered National Assets
The two parties agree that all recovered assets shall be shared fairly and shall ensure that the recovery process is transparent. - 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.
- ReparationsTransitional justice→Reparations→Material reparationsPage 3, 9. Restitutions of Property
The two parties agreed that restitution of property shall be implemented as per article 6 section 6.1 of the agreement signed on March 11, 2013 which states the following:
"The two sides agreed that the Federal Government of Somalia to accelerate the process of returning private properties [to its rightful owners] in order to achieve a real reconciliation, while appointing an independent national commission with powers to implement decisions." - Reconciliation
No specific mention.
Implementation
- UN signatoryUN Special Representative of the Secretary-General for Somalia [Amb. Nicholas Kay] signed as witness.
- Other international signatoryIntergovernmental Authority on Development (IGAD) Envoy to Somalia [Amb. Mohamed Abdi Afew], EU Special Envoy to Somalia [Michele Cervone d'Urso], and Ambassador of Ethiopia to Somalia/current IGAD Chairman [Amb. Wondimu Asamnew] signed as witnesses.
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanismPage 2, 1. Constitution and Federalism, 2. Previous Agreements
• In view of the lack of implementation of previous agreements, the two parties agreed to establish a joint committee for implementing all previous agreements including this agreement with the active participation of the relevant institutions. - Related cases
No specific mention.
- SourceUN Peacemaker - http://peacemaker.un.org/; http://peacemaker.un.org/sites/peacemaker.un.org/files/SO_141014_FGS_Puntland.pdf
AGREEMENT BETWEEN THE FEDERAL GOVERNMENT OF SOMALIA AND PUNTLAND STATE OF SOMALIA
Garowe, 14 October, 2014
Preamble:
A delegation from the Federal Government of Somalia (FGS) led by the Prime Minister, H.E. Abdiweli Sheikh Ahmed, paid a working visit to Puntland State of Somalia, from the 10th to the 14th of October, 2014.
Following detail talks on many of the standing issues, the two parties agreed on the following:
1. Constitution and Federalism
1.1. Concerns on changes of the Federal Constitution:
The Federal Government of Somalia acknowledges the concerns raised by the Puntland government about changes to the Federal Constitution.
The two parties agree that the issue will be referred to the Federal parliament and the parliament of Puntland.
The Federal Government will facilitate this process.
1.2. Completion and Implementation of Federal Constitution:
The two parties agree that the completion and implementation of the federal constitution shall be done according to Chapter 15 of the Provisional Federal Constitution.
1.3. Formation of Federal Member States:
The formation of Federal Member States shall be in accordance with the Federal
Constitution.
The parties agree that the interim administration of the central state facilitated by FGS shall consist of Galgaduud and southern Mudug.
Likewise, Northern Mudug is an integral part of Puntland State.
1.4. Building of Inclusive National Army:
The two parties agree that the bUilding of an inclusive national army shall be conducted according to Garowe agreement of 11 March, 2013 signed by H. E. Prime Minister Abdi Farah Shirdon and H.E. President Abdirahman Sheikh Mohamed Mohamud Faroole which reads as follows "to build a balanced and integrated national army that is recruited from all regions and districts of the country."
2. Previous Agreements
The two parties agree that the previous agreements between the FGS and the Government of Puntland are binding and shall be implemented according to the latest agreement of 2013 signed by H.E. the Prime Minister Abdi Farah Shirdon and the Government of Puntland.
In view of the lack of implementation of previous agreements, the two parties agreed to establish a joint committee for implementing all previous agreements including this agreement with the active participation of the relevant institutions.
3. Consultations between the Federal Government of Somalia and the development
Government of Puntland on issues pertaining to international agreements on
The two parties agree to engage in consultation on issues related to international agreements on development as stipulated in Article 53 of the Federal Constitution.
4. Sharing International Aid and Assistance Received in the Name of Somalia:
The two parties agree to ensure fair distribution of aid and assistance received in
the name of Somalia.
5. Vision 2016
• The two parties agree that there have been inadequate consultations on the implementation of Vision 2016.
• The two parties agree to engage in a dialogue on Vision 2016 in order to overcome the existing challenges.
6. Recovered National Assets
The two parties agree that all recovered assets shall be shared fairly and shall
ensure that the recovery process is transparent.
7. Recognition of Puntland Secondary School Certificate:
The Puntland secondary school certificate shail be in form and format equivalent to the one issued by the Ministry of Education of the Federal Government
The said certificate shail clearly show the Somali National emblem and the name of the Federal Government of Somalia.
Likewise.
it shall have the name of Puntland State and that of the Ministry of Education and Higher Education of Puntland.
The Federal Government of Somalia recognizes the certificate of Puntland cited
in this agreement as per above.
The FGS shail officially write to the Government of Sudan and any other parties of interest.
clarifying that the FGS recognizes the centralized examinations administered by Puntland.
8. Federal Government Appointments
The two parties agree that the appointments of Federal Government positions such as officers of the armed forces, civil servants.
members of the independent commissions and diplomats etc.
shail be done fairly with the view of adequate representation of women.
9. Restitutions of Property
The two parties agreed that restitution of property shail be implemented as per article 6 section 6.1 of the agreement signed on March 11, 2013 which states the following:
"The two sides agreed that the Federat Government of Somalia to accelerate the process of returning private properties [to its rightful owners] in order to achieve a real reconciliation, while appointing an independent national commission with powers to implement decisions."
10. Fostering Good Relationship between the Federal Government of Somalia and the Government of Puntland
The two parties agree to implement the best practices approach articulated In article 1 of the agreement of March 11, 2013 which reads as follows:
1.1. To improve the relations and dialogue between the senior leaders of the two governments, to exchange visits and to respect state protocols.
1.2. To encourage cooperation between various institutions of Puntland and the Federal Government.
1.3. To implement all agreements between Puntland and the Transitional Federal Governments of Somalia, so long as they do not contradict the Constitution.
1.4. To respect and implement the Federal Constitution.
1.5. To stop and prevent anything that can harm the relations and cooperation between the two sides and to resolve any grievances through dialogue.
11. Issues and Agenda Items Tabled by Puntland and not addressed in this Agreement
The two parties agreed that issues and agenda items tabled by Puntland and not addressed in this agreement are deferred to future talks between the parties.
12. This agreement ends any misunderstanding between the two parties and ushers a new era of collaboration and cooperation, to further advance the ongoing state building processes at national and state levels and to address security matters.
Agreement Signatories:
Abdiweli Sheikh Ahmed
Prime Minister of the Federal Government of Somalia
Dr. Abdiweli Mohamed Ali
President of PunUand State of Somalia
5
Witnesses:
Mahad Abdalle Awad
Speaker of the Federal Parliament of Somalia.
Speaker of Parliament Puntland State of Somalia
Said Hassan Shire
Ambassador Nicholas Kay
UN Special Representative of the Secretary-General for Somalia
Ambassador Mohamed Abdi Afey IGAD's envoy to Somalia
Ambassador Michele Cervone d'Urso
EU Envoy to Somalia
Ambassador Wondimu Asamnew
Ambassador of Ethiopia to Somalia and current IGAD Chairman