The University of EdinburghPeace Agreements DatabasePeaceRep

Agreement between the Federal Government of Somalia and Puntland State of Somalia

  • Country/entity

    Somalia
    Puntland
  • Region

    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name

    Agreement between the Federal Government of Somalia and Puntland State of Somalia
  • Date

    14 Oct 2014
  • 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

    1. Federal Government of Somalia
    2. Puntland State of Somalia
  • Third parties

    -
  • Description

    Agreement between Federal Government and State-level authorities to resume relations and cooperate on ongoing state-building processes, and defining the terms of the relationship.


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 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 delimitation
    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.
  • 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
    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.
  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 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 sharing
    Power sharing→Territorial power sharing→Federal or similar sub-divided government
    Page 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 sharing
    Power sharing→Economic power sharing→Fiscal federalism
    Page 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 general
    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:
    1.3. 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 plan
    Page 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/rights
    Land, property and environment→Land reform/rights→Property return and restitution
    Page 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 Guarantees
    Page 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 forces
    Page 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.

  • Corruption
    Page 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.

  • Reparations
    Transitional justice→Reparations→Material reparations
    Page 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 signatory
    UN Special Representative of the Secretary-General for Somalia [Amb. Nicholas Kay] signed as witness.
  • Other international signatory
    Intergovernmental 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 mechanism
    Page 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.

  • Source
    UN 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