Agreement between the Transitional Federal Government of Somalia (TFG) and the Alliance for the Re-Liberation of Somalia (ARS) (Djibouti Agreement)

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Country/entity
Somalia
Region
Africa (excl MENA)
Agreement name
Agreement between the Transitional Federal Government of Somalia (TFG) and the Alliance for the Re-Liberation of Somalia (ARS) (Djibouti Agreement)
Date
18 Aug 2008
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Somali Civil War (1991 - ) )
Stage
Pre-negotiation/process
Conflict nature
Government
Peace process
Somalia Peace Process
Parties
The Transitional Federal Government (TFG) of Somalia and the Alliance for Re liberation of Somalia (ARS)
Third parties
UN
Description
A short agreement confirming the integration of the Alliance for Re liberation of Somalia (ARS) (formerly a wing of the Islamic Courts Union) into the Transition Federal Government. Agreement provides for a ceasefire, UN monitoring, and political cooperation between the two parties.

Agreement document
SO_080818_Djibouti Agreement.pdf | Download PDF

Groups

Children/youth
Groups→Children/youth→Rhetorical
Page 1, 4. The Parties noted that:
a. Over the past eighteen years, Somalia has suffered massive human losses, insecurity and vast destruction of its physical infrastructure and other vital public investments. A whole generation of young people and adults has been sacrificed or denied education and development;
Disabled persons
No specific mention.
Elderly/age
Groups→Elderly/age→Rhetorical
Page 1, 4. The Parties noted that:
a. Over the past eighteen years, Somalia has suffered massive human losses, insecurity and vast destruction of its physical infrastructure and other vital public investments. A whole generation of young people and adults has been sacrificed or denied education and development;
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)
Page 1, 5. Decided to: a. Reaffirm the dignity, sovereignty and the territorial integrity of Somalia;
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
Page 2, Art. 8. To ensure the effective implementation of this Agreement, the Parties agree to:
a. Undertake all necessary measures to ensure unhindered humanitarian access and assistance to affected populations;
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

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
Page 1, Art. 3 The primary requirement of this Agreement is to: ensure the cessation of all armed confrontation and a political settlement for a durable peace; promote a peaceful environment; avoid a security vacuum; facilitate the protection of the population and the unhindered delivery of humanitarian assistance and call for the convening of a reconstruction and development conference.

Page 1, Art. 4b, The human and humanitarian situation is continuously deteriorating. At the same time, the country's international image and standing have been seriously undermined;
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
Rights related issues→Media and communication→Media roles
Page 2, Art. 8, b. Refrain from declarations and actions inconsistent with the peaceful spirit of this Agreement;
Mobility/access
Page 2, Art. 8. To ensure the effective implementation of this Agreement, the Parties agree to:
a. Undertake all necessary measures to ensure unhindered humanitarian access and assistance to affected populations;
Protection measures
Rights related issues→Protection measures→Protection of civilians
Page 1, Art. 3 The primary requirement of this Agreement is to: ensure the cessation of all armed confrontation and a political settlement for a durable peace; promote a peaceful environment; avoid a security vacuum; facilitate the protection of the population and the unhindered delivery of humanitarian assistance and call for the convening of a reconstruction and development conference.
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
Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, Art. 3 The primary requirement of this Agreement is to: ... facilitate the protection of the population and the unhindered delivery of humanitarian assistance and call for the convening of a reconstruction and development conference.

Page 1, Art. 4. The Parties noted that:
a. Over the past eighteen years, Somalia has suffered massive human losses, insecurity and vast destruction of its physical infrastructure and other vital public investments. A whole generation of young people and adults has been sacrificed or denied education and development;
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
Page 3, Art. 11, The Parties call on the international community to help provide the adequate resources for the implementation and follow-up of this Agreement.
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
Page 1, Art. 3 The primary requirement of this Agreement is to: ensure the cessation of all armed confrontation and a political settlement for a durable peace; promote a peaceful environment; avoid a security vacuum;
Ceasefire
Security sector→Ceasefire→Ceasefire provision
Page 1, Art. 3. The primary requirement of this Agreement is to: ensure the cessation of all armed confrontation and a political settlement for a durable peace;

Page 2, Art. 6. Agreed on:
a. The termination of all acts of armed confrontation by the Alliance for the Re liberation of Somalia (ARS) and its allies and by the Transitional Federal Government (TFG) and its allies;

b. The cessation of armed confrontation shall come into force thirty (30) days from the signing of this agreement throughout the national territory;

c. The cessation of armed confrontation is approved for an initial period of ninety
(90) days, renewable.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 2, Art. 7, c. The ARS shall, through a solemn public statement, cease and condemn all acts of armed violence in Somalia and dissociate itself from any armed groups or individuals that do not adhere to the terms of this Agreement.
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
Page 1, Art. 2, The Parties gave their respective analyses of the 18 year old crisis and made proposals aimed at restoring trust, confidence and at ending the conflict.

Implementation

UN signatory
Signed by UN Representative.
Other international signatory
France, UK, African Union, League of Arab States, EU, OIC, Djibouti, Kingdom of Saudi Arabia,
Referendum for agreement
No specific mention.
International mission/force/similar
Page 2, 7. The Parties agreed from the date of coming into effect of this Agreement:
a. To request the United Nations, consistent with UN Security Council Resolution 1814 and within a period of one hundred and twenty days (120) days, to authorize and deploy an international stabilization force from countries that are friends of Somalia excluding neighboring states;
Enforcement mechanism
Page 2, Art. 8, c. Establish a Joint Security Committee to follow up the implementation of security arrangements within fifteen (15) days of the signing of this Agreement. The composition and mandate of this Committee, chaired by the UN, shall be adopted within the same period.

Art. 9, A High Level Committee, chaired by the UN, should be established within fifteen
(15) days of the signing of this Agreement to follow up on issues relating to the political cooperation between the Parties and concerns over justice and reconciliation. These issues will be discussed at a conference to be organized by 30 July 2008.
Related cases
No specific mention.
Source
UN Peacemaker - http://peacemaker.un.org/, http://peacemaker.un.org/sites/peacemaker.un.org/files/SO_081026_JointDeclarationforReconciliationandPoliticalCooperation.pdf

In the name of Allah, the most beneficent and the most merciful

Agreement between the Transitional Federal Government of Somalia (TFG) and The Alliance for the Re-Liberation of Somalia (ARS)

1. the Transitional Federal Government (TFG) of Somalia and the Alliance for Re-liberation of Somalia (ARS) attending a meeting from 31 May to 9 June 2008 in Djibouti, faciliated by the UN.

They are hereafter referred to as "the parties".

2. The Parties gave their respective analyses of the 18 year old crisis and made proposals aimed at restoring trust, confidence and at ending the conflict.

Their discussion led to the present agreement.

3. The primary requirement of this Agreement is to:

ensure the cessation of all armed confrontation and a political settlement for a durable peace;

promote a peaceful environment;

avoid a security vacuum;

facilitate the protection of the population and the unhindered delivery of humanitarian assistance and call for the convening of a reconstruction and development conference.

4. The Parties noted that:

a. Over the past eighteen years, Somalia has suffered massive human losses, insecurity and vast destruction of its physical infrastructure and other vital public investments.

A whole generation of young people and adults has been sacrificed or denied education and development;

b. The human and humanitarian situation is continuously deteriorating.

At the same time, the country's international image and standing have been seriously undermined.

c. This tragic situation, and the fact that eighteen years of war and conflict have brought neither durable peace nor stability and inspired by patriotic and religious examples of compromise.

5. Decided to;

a. Reaffirmed the dignity, sovereignty and the territorial integrity of Somalia;

b. Take courageous measures to finally bring this situation to an end and resolve the crisis through peaceful means.

6. Agreed on:

a. The termination of all acts of armed confrontation by the Alliance for the Re-liberation of Somalia (ARS) and its allies and by the Transitional Federal Government (TFG) and its allies;

b. The cessation of armed confrontation shall come into force thirty (30) days from the signing of this agreement throughout the national territory.

c. The cessation of armed confrontation is approved for an initial period of ninety (90) days, renewable.

7. The Parties agreed from the date of coming into effect of this Agreement:

a. To request the United Nations, consistent with UN Security Council Resolution 1814 and within a period of one hundred and twenty days (120), to authorize and deploy an international stabilization force from countries that are friends of Somalia excluding neighbouring states;

b. Within a period of 120 days of the sighting of this agreement the TFG will act in accordance with the decision that has already been taken by the Ethiopian Government to withdraw its troops from Somalia after the deployment of a sufficient number of UN Forces;

c. The ARS shall, through a solemn public statement, crease and condemn all acts of armed violence in Somalia and dissociate itself from any armed groups or individual that do not adhere to the terms of this Agreement.

8. To ensure the effective implementation of this Agreement, the Parties agreed to:

a. Undertake all necessary measures to ensure unhindered humanitarian access and assistance to affected population.

b. Refrain from declarations and actions inconsistent with the peaceful spirit of this agreement;

c. Establish a Joint Security Committee to follow up the implementation of security arrangements within fifteen (15) days of the signing of this agreement.

The composition and mandate of this committee, chaired by the UN, shall be adopted within the same period.

9. A High-level committee, chaired by the UN, should be established within fifteen (15) days of the signing of this Agreement to follow up on issues related to the political cooperation between the parties and concerns over justice and reconciliation.

These issues will be discussed at a conference to be organised by 30 July 2008.

10. The Parties will work with all other relevant Somali stakeholders to ensure the full and effective implementation of this agreement.

11. The parties call on the international community to help provide the adequate resources for the implementation and follow-up of this Agreement.

The Parties also considered it a priority to convene within the next six (6) months an international conference aimed at addressing Somalia's Reconstruction and Development.

Djibouti

9 June 2008

(19 August 2008)

[Signatures from the following]

Transitional Federal Government

Alliance for Re-liberation of Somalia

United Nations

Observer states

France;

United Kingdom;

United States;

Kingdom of Saudi Arabia;

Djibouti;

African Union;

League of Arab States;

Organisation of Islamic Conference;

European Union