Consultative Meeting of the Somali Signatories of the Process for Ending the Transition (End of Transition Roadmap)

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Consultative Meeting of the Somali Signatories of the Process for Ending the Transition (End of Transition Roadmap)
Date: 6 Aug 2012
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Somali Civil War (1991 - )
Originally spurred by centre-peripheral tensions, fighting broke out in 1981 between the regime of President Said Barre and the Somali National Movement, a militia primarily consisting of members from the northern Ishaq clan. Fighting intensified in the late 1980s as more clan-based militias arose. President Barre’s regime collapsed in late 1991 and as a result the UN intervened. However persistent attacks on the UN’s forces forced a withdrawal in 1994. From the mid- to late 1990s, the character of the conflict shifted as warlords fought for access to rents. Also during this period, two different peace agreements arose; the Sodere Declaration, which was mediated by Ethiopia and supported by IGAD, and the Cairo Accord, which was brokered by Egypt. Fighting, already noticeably lessened compared to the early 1990s, decreased and the more amicable environment paved the way for the Transitional Government to be formed in 2000 (replaced in 2004 by the Transitional Federal Government).

Nonetheless, opposition to the TFG arose in the form of the Islamic Courts Union (ICU), which by early 2006 had taken control of most of southern Somalia until they were ousted by an armed intervention by Ethiopia in December 2006. As a result, the ICU splintered. Hard-line ICU members formed the Takfiri organization, Harakat al-Shabaab al-Mujahideen, and launched a guerrilla campaign against the TFG. Another faction of the ICU fled to Djibouti and formed the Alliance for the Re-liberation of Somalia, which was absorbed into the ruling TFG after successful negotiations in 2007.

To deal with the new round of fighting, the UN-mandated AMISOM force was deployed in 2007. Since then, insecurity has fluctuated between the urban and rural areas as the al-Shabaab's territorial gains waver. Local militia leaders maintain de facto governance over communities. From 2009 to 2012, insecurity spilled over into the Gulf of Aden and the Indian Ocean when Somali pirates seized, looted and ransomed ships. In 2014, 'Operation Indian Ocean' was launched and in parallel with infighting among al-Shabaab, the organisation's position in Somalia has diminished slightly. However, as evidenced by large-scale attacks by al-Shabaab in northern Kenya throughout 2013-2015, the lack of security continues to destabilize the region. Al-Shabaab continues to launch surprise attacks with the aim of forcing out foreign military presence in Somalia. Targets include both military forces and civilians. The devastating attack in October 2017 in Mogadishu saw 587 fatalities and resulted in a renewed military offensive by the Somali government and African Union allies. Since 2017, the U.S. has increased its air strikes targeting al-Shabaab militants, and in December 2018 they announced to re-establish a permanent diplomatic mission in the country. Al-Shabaab has been characterized as a spoiler in the Somali peace process and have therefore been placed outside of any negotiations.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Somalia Peace Process
Parties: The Principal Signatories of the Roadmap
Third parties: -
Description: Short agreement aiming to create a technical selection committee as a means of deciding who can run for parliament. The TSC shall consist of 27 members representing the 4.5 communities in Somalia, as well as 2 non-voting international observers.

Agreement document: SO_120806_Communique of Somali Signatories (Nairobi).pdf (opens in new tab) | Download PDF

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: No specific mention.
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: Page 2, 8. The issue of Galmadug was raised and it was agreed that it will be subject to further consultation between President Alin, President Shiekh Sharif, and Speaker Sharif Hassan to find a solution.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 1, 3. The Signatories further agreed that the selection of 275 members of parliament (MPs) will proceed as planned and that of the Upper House before 20 August in accordance with the Garowe Principles. The criteria for selection of the MPs will be according to the Garowe Principles. In the case of education criteria, it will be secondary school plus relevant experience or informal education plus relevant experience. Where there are individual controversies in interpretation, the Technical Selection Committee will decide.

Page 2, 4. The Signatories also agreed that the election of the Speaker and President will be in accordance with the Garowe Principles.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 1, a. All the traditional elders of the Dhubahante who are currently in Mogadishu have to come together and consult each other to nominate their MPs.
b. All the elders have to collectively sign the agreed list of Dhulbahante MPs, whether it is Dhulbahante elders who came from Garowe or those who stayed in Mogadishu
c. The four Dhulbahante elders who are currently in the list of 135 elders will remain unchanged.
d. The 8 Dhulbahante MPs will be 3 and 5, chosen respectively, by the Dhulbahante elders who came from Garowe and those who stayed in Mogadishu. The elders of the two groups will get together in Mogadishu to consult and agree on the list of eight MP nominees as per the above formula, and collectively sign the list of the agreed nominees and submit them to the Technical Selection Committee.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→Other proportionality
Sub-state level
Page 1, d. The 8 Dhulbahante MPs will be 3 and 5, chosen respectively, by the Dhulbahante elders who came from Garowe and those who stayed in Mogadishu. The elders of the two groups will get together in Mogadishu to consult and agree on the list of eight MP nominees as per the above formula, and collectively sign the list of the agreed nominees and submit them to the Technical Selection Committee.
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: Page 2, 5. The Signatories furthermore expressed deep concern about the safety, security, independence and integrity of the members of the Technical Selection Committee as well as their accommodation and working conditions and agreed to take necessary action to improve these conditions immediately. UNPOS will take responsibility in coordination with the AMISOM.

Page 2, 6. The Signatories strongly condemn the use of intimidation and bribery to undermine the selection of MPs. Any use of bribery, threats and intimidation in this process is totally unacceptable. If any person is found to be using such illegal means, that person will be immediately disqualified and subject to legal action.
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: Page 2, 5. The Signatories furthermore expressed deep concern about the safety, security, independence and integrity of the members of the Technical Selection Committee as well as their accommodation and working conditions and agreed to take necessary action to improve these conditions immediately. UNPOS will take responsibility in coordination with the AMISOM.

Page 2, 6. The Signatories strongly condemn the use of intimidation and bribery to undermine the selection of MPs. Any use of bribery, threats and intimidation in this process is totally unacceptable. If any person is found to be using such illegal means, that person will be immediately disqualified and subject to legal action.

Page 2, 7. While empowering the Technical Selection Committee to carry out its tasks independently, the Signatories urged the members of the committee to work properly and transparently within the framework of their terms of reference containing in the protocols establishing the Technical Selection Committee and refrain from any manipulative actions.
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: No specific mention.
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: http://unpos.unmissions.org/LinkClick.aspx?fileticket=P46W9MZFTYA%3d&tabid=9737&language=en-US

Consultative Meeting of the Somali Signatories of the Process for Ending the Transition

Nairobi, 4-6 August 2012

Draft Communique

1. The Principle Signatories of the Roadmap met in Nairobi on 4-5 August 2012

2. They agreed on the following:

i. The selection of members of parliament (MPs) from Dhulbahante was agreed by two Dhulbahante participants, namely Minister Dahir Khalif of Puntland State of Somalia and Mr. Abdikarim Hassan Jama and faciliated by Deputy Prime Minister Abdi Wahab Ugas Hussein Ugas Khalig and Professor Abdirizak Osman Hassan.

This Committee reported back to the Signatories, chaired by President Sheikh Sharif, which endorsed the suggested mechanism which is as follows:

a. all the traditional elders of the Dhulbahante who are currently in Mogadishu have to come together and consult each other to nominate their MPs.

b. All the elders have to collectively sign the agreed list of Dhulbahante MPs, whether it is Dhulbahante elders who came from Garowe or those who stayed in Mogadishu.

c. The four Dhulbahante MPS will be 3 and 5, chosen respectively, by the Dhulbahante elders who came from Garowe and those who stayed in Mogadishu.

The elders of the two groups will get together in Mogadishu to consult and agree on the list of eight MP nominees as per the above formula, and collectively sign the list of the agreed nominees and submit them to the Technical Selection Committee.

3. The Signatories furhter agreed that the selection of 275 members of Parliament (MPs) will process as planned and that of the Upper House before 20 August in accordance with the Garowe Principles.

The criteria for selection of the MPs will be according to the Garowse Principles.

In the case of education criteria, it will be secondary school education plus relevant experience or informal education plus relevant experience.

Where there are individual controversies in interpretation, the Technical Selection Committee will decide.

4. The Signatories also agreed that the election of the Speaker and Parliament will be in accordance with the Garowe Principles.

5. The Signatories furthermore expressed deep concern about the safety, security, independence and integrity of members of the Technical Selection Committee as well as their accommodation and working conditions and agreed to take necessary action to improve these conditions immediately.

UNPOS will take this responsibility in coordination with the AMISOM.

6. The Signatories strongly condemned the use of intimidation and bribery to undermine the selection of MPs.

Any use of bribery, threats and intimidation in this process is totally unacceptible.

If any person is found to be using such illegal means, that person will be immediately disqualified and subject to legal action.

7. While empowering the Technical Selection Committee to carry out its tasks independently, the Signatories urged the members of the Committee to work properly and transparently within the framework of their terms of reference contained in the Protocols establishing the Technical Selection Committee and refrain from any manipulative actions.

8. The Issue of Galmadug was raised and it was agreed that it will be subject to further consultation between President Alin, President Shiekh Sharif and Speaker Sharif Hassan to find a solution.