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

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Country/entity: Somalia
Puntland
Region: Africa (excl MENA)
Agreement name: Agreement Between the Federal Government of Somalia and the Government of Puntland State of Somalia
Date: 3 Apr 2016
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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Somalia-Puntland Peace Process
Parties: Federal Government of Somalia led by His Excellency Omar Abdirashid Ali Sharmarke, the Prime Minister of the Federal Government of Somalia
Third parties: The Foreign Minister of Ethiopia and the Chairman of the IGAD Council of Ministers H.E. Tedros Adhanom, SRSG Michael Keating of the United Nations, African Union SRCC Francisco Madeira, EU Special Envoy Michele Cervone, Executive Secretary of IGAD, Ambassador Mahboub Moallim, IGAD Special Envoy Ambassador Mohamed Affey, with Ambassadors from Ethiopia, United Arab Emirates, Turkey, Sweden, Italy, and Djibouti also attended.
Description: -

Agreement document: SO_160403_Agreement Between the Federal Government of Somalia and the Government of Puntland State of Somalia.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: Groups→Racial/ethnic/national group→Substantive
Page 2, 2016 Electoral Process
... The two parties agreed that the election shall take place in Garowe for the members of the federal parliament of the clans party to the formation of Puntland in 1998.

Page 2, Upper House
... The two parties agreed that the elections for the Upper House seats representing Puntland for the Federal Parliament shall take place in Garowe. The candidates will be drawn from clans party to the formation of Puntland in 1998.
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 1, 2016 Electoral Process
... The electoral college shall be selected by the traditional elders, who will then forward electoral college member’s names to the Electoral Committees. The electoral college shall reflect members of the community including women.

Page 2, 2016 Electoral Process
... Each seat for the lower house shall be contested by a number of candidates, as shall be agreed by the National Leadership Forum and shall include female candidates from the specific clan grouping. Further each candidate’s filing shall comply with requirements and vetting process of the Electoral Committees at the National and State levels.

Page 2, Upper House
...Each seat in the Upper House of the Federal Parliament shall be contested by an agreed number of candidates including females.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, 2016 Electoral Process
...The Federal Government of Somalia and the Government of Puntland agreed upon the formation of inclusive 2016 Electoral Committees consisting of the Federal Government of Somalia and federal member states.
State configuration: State configuration is Federal.
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): Governance→Political institutions (new or reformed)→General references
Page 1, 2016 Electoral Process
...The Federal Government of Somalia and the Government of Puntland agreed upon the formation of inclusive 2016 Electoral Committees consisting of the Federal Government of Somalia and federal member states.

Page 1, 2016 Electoral Process
... The two parties agreed the selection process for members of the Federal Parliament shall take place at regional capitals of Federal Member States.

Page 2, Upper House
The formation of the Upper House of the Federal Parliament shall precede the formation of the Lower House of the Federal Parliament as already set out in the model proposed by the federal government.

Page 2, Upper House
… The two parties agreed that Puntland candidates for the Upper House of the National Federal Parliament representing Puntland will be proposed by the Executive branch of Puntland, using agreed criteria and appointed by the Puntland House of Representatives.

Page 2, Upper House
...Each seat in the Upper House of the Federal Parliament shall be contested by an agreed number of candidates including females.

Page 2, Upper House
... The president of Puntland shall duly sign the list of official members representing Puntland at the Upper House of the Federal Parliament after the Electoral Committee forwards the certified final result.
Elections: Page 1, 2016 Electoral Process
...The Federal Government of Somalia and the Government of Puntland agreed upon the formation of inclusive 2016 Electoral Committees consisting of the Federal Government of Somalia and federal member states.

Page 1, 2016 Electoral Process
… The two parties agreed that the international community shall closely monitor the implementation of the 2016 electoral model and process to ensure fairness and transparency.

Page 1, 2016 Electoral Process
... The electoral college shall be selected by the traditional elders, who will then forward electoral college member’s names to the Electoral Committees. The electoral college shall reflect members of the community including women.

Page 2, 2016 Electoral Process
... Each seat for the lower house shall be contested by a number of candidates, as shall be agreed by the National Leadership Forum and shall include female candidates from the specific clan grouping. Further each candidate’s filing shall comply with requirements and vetting process of the Electoral Committees at the National and State levels.

Page 2, 2016 Electoral Process
... Each candidate for the lower house of the Federal Parliament shall meet constitutionally required criteria.

Page 2, 2016 Electoral Process
... The two parties agreed that the election shall take place in Garowe for the members of the federal parliament of the clans party to the formation of Puntland in 1998.

Page 2, 2016 Electoral Process
… Puntland is open to host elections in Garowe for any other constituencies unable to conduct elections due to existing circumstances within their jurisdiction.

Page 2, 2016 Electoral Process
...The president of Puntland shall duly sign the list of official members elected in Puntland at the lower house of the Federal Parliament after the Electoral Committees forward the certified final result

Page 2, Upper House
... The Federal Government of Somalia and the Government of Puntland agreed that the election of the members of the Upper House of the Federal Parliament shall take place in the capitals of Federal Member States.

Page 2, Upper House
... The two parties agreed that the elections for the Upper House seats representing Puntland for the Federal Parliament shall take place in Garowe. The candidates will be drawn from clans party to the formation of Puntland in 1998.

Page 2, Upper House
... The president of Puntland shall duly sign the list of official members representing Puntland at the Upper House of the Federal Parliament after the Electoral Committee forwards the certified final result.

Page 2, Upper House
... The Federal Government of Somalia and the Government of Puntland recommend that the National Leadership Forum decide the location of the elections of the President of the Federal Republic of Somalia and the Leadership of the Upper House and Lower House of the Parliament by choosing a safe and conducive location.

Page 3, 2020 RΟΑDΜΑΡ:
The two parties agreed that the 2020 federal elections shall be held according to one-person, one-vote principle. Under no circumstances shall the 4.5 clan based power sharing arrangement be used beyond the 2016 elections.
Electoral commission: Page 1, 2016 Electoral Process
... The electoral college shall be selected by the traditional elders, who will then forward electoral college member’s names to the Electoral Committees. The electoral college shall reflect members of the community including women.

Page 2, 2016 Electoral Process
... Each seat for the lower house shall be contested by a number of candidates, as shall be agreed by the National Leadership Forum and shall include female candidates from the specific clan grouping. Further each candidate’s filing shall comply with requirements and vetting process of the Electoral Committees at the National and State levels.

Page 2, 2016 Electoral Process
...The president of Puntland shall duly sign the list of official members elected in Puntland at the lower house of the Federal Parliament after the Electoral Committees forward the certified final result
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: 2016 Electoral Process
... The electoral college shall be selected by the traditional elders, who will then forward electoral college member’s names to the Electoral Committees. The electoral college shall reflect members of the community including women.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 1, The international community congratulates the people and Government of Puntland and lauds the recent victories of the Puntland security forces against Al-Shabab militants. The international community also calls upon all possible support for Puntland security forces in their fight against terrorism. The International Community recognizes the central role of the National Leadership Forum in ensuring that the national interest is protected and promoted, and the role of parliament in underpinning the rule of law and protecting the Constitution.

Page 2, 2016 Electoral Process
... Each candidate for the lower house of the Federal Parliament shall meet constitutionally required criteria.

Page 2, 2016 Electoral Process
... The two parties agreed that the election shall take place in Garowe for the members of the federal parliament of the clans party to the formation of Puntland in 1998.

Page 2, Upper House
... Each candidate for the Upper House of the Federal Parliament shall meet constitutionally required criteria.

Page 3, Implementation of the Agreement:
The international community takes note of the bi-lateral talks between the Federal Government of Somalia and the Government of Puntland in the areas such as the Constitutional Review process, Federation process, Development Aid, Security, etc. and encourages and supports the implementation of agreements in these areas, taking into account the national interest.

Power sharing

Political power sharing: Power sharing→Political power sharing→Proportionality in legislature
State level
Page 1, 2016 Electoral Process
The two parties agreed that the 4.5 clan model shall not be used as a criteria to select any member of the Federal Parliament and that its use shall cease with the elections of 2016.

Page 2, 2016 Electoral Process
... Each seat for the lower house shall be contested by a number of candidates, as shall be agreed by the National Leadership Forum and shall include female candidates from the specific clan grouping. Further each candidate’s filing shall comply with requirements and vetting process of the Electoral Committees at the National and State levels.

Page 3, 2020 RΟΑDΜΑΡ:
The two parties agreed that the 2020 federal elections shall be held according to one-person, one-vote principle. Under no circumstances shall the 4.5 clan based power sharing arrangement be used beyond the 2016 elections.
Power sharing→Political power sharing→International involvement
State level
Page 3, 2020 RΟΑDΜΑΡ:
… The International community shall undertake and guarantee that 4.5 model shall not be used beyond 2016.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Summary: The State configuration is Federal.

Page 3, Implementation of the Agreement:
The international community takes note of the bi-lateral talks between the Federal Government of Somalia and the Government of Puntland in the areas such as the Constitutional Review process, Federation process, Development Aid, Security, etc. and encourages and supports the implementation of agreements in these areas, taking into account the national interest.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 3, Implementation of the Agreement:
The international community takes note of the bi-lateral talks between the Federal Government of Somalia and the Government of Puntland in the areas such as the Constitutional Review process, Federation process, Development Aid, Security, etc. and encourages and supports the implementation of agreements in these areas, taking into account the national interest.
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 1, The international community congratulates the people and Government of Puntland and lauds the recent victories of the Puntland security forces against Al-Shabab militants. The international community also calls upon all possible support for Puntland security forces in their fight against terrorism. The International Community recognizes the central role of the National Leadership Forum in ensuring that the national interest is protected and promoted, and the role of parliament in underpinning the rule of law and protecting the Constitution.

Page 3, Implementation of the Agreement:
The international community takes note of the bi-lateral talks between the Federal Government of Somalia and the Government of Puntland in the areas such as the Constitutional Review process, Federation process, Development Aid, Security, etc. and encourages and supports the implementation of agreements in these areas, taking into account the national interest.
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: 2016 Electoral Process
… The two parties agreed that the international community shall closely monitor the implementation of the 2016 electoral model and process to ensure fairness and transparency.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 1, The international community congratulates the people and Government of Puntland and lauds the recent victories of the Puntland security forces against Al-Shabab militants. The international community also calls upon all possible support for Puntland security forces in their fight against terrorism. The International Community recognizes the central role of the National Leadership Forum in ensuring that the national interest is protected and promoted, and the role of parliament in underpinning the rule of law and protecting the Constitution.

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: Page 3, Implementation of the Agreement:
… The implementation of this agreement between the Federal Government of Somalia and the Government of Puntland is guaranteed byIntergovernmental Authority on Development (IGAD) and witnessed by the United Nations (UN), African Union (AU), and European Union (EU).
Other international signatory: Page 3, Implementation of the Agreement:
… The implementation of this agreement between the Federal Government of Somalia and the Government of Puntland is guaranteed byIntergovernmental Authority on Development (IGAD) and witnessed by the United Nations (UN), African Union (AU), and European Union (EU).
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 3, Implementation of the Agreement:
… The implementation of this agreement between the Federal Government of Somalia and the Government of Puntland is guaranteed byIntergovernmental Authority on Development (IGAD) and witnessed by the United Nations (UN), African Union (AU), and European Union (EU).
Related cases: No specific mention.
Source: Horseed Media: https://horseedmedia.net/2016/04/04/agreement-between-the-federal-government-of-somalia-and-the-government-of-puntland-state-of-somalia/

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

April 3, 2016

Preamble:

From 26 March to April 3, 2016 a delegation from the Federal Government of Somalia led by His Excellency Omar Abdirashid Ali Sharmarke, the Prime Minister of the Federal Government of Somalia, paid a working visit to Garowe to discuss the 2016 electoral process.

The Foreign Minister of Ethiopia and the Chairman of the IGAD Council of Ministers H.E. Tedros Adhanom, SRSG Michael Keating of the United Nations, African Union SRCC Francisco Madeira, EU Special Envoy Michele Cervone, Executive Secretary of IGAD, Ambassador Mahboub Moallim, IGAD Special Envoy Ambassador Mohamed Affey, with Ambassadors from Ethiopia, United Arab Emirates, Turkey, Sweden, Italy, and Djibouti also attended.

The international community congratulates the people and Government of Puntland and lauds the recent victories of the Puntland security forces against Al-Shabab militants.

The international community also calls upon all possible support for Puntland security forces in their fight against terrorism.

The International Community recognizes the central role of the National Leadership Forum in ensuring that the national interest is protected and promoted, and the role of parliament in underpinning the rule of law and protecting the Constitution.

Subsequent to detailed talks and negotiations the two parties agreed on the following:

2016 Electoral Process

The two parties agreed that the 4.5 clan model shall not be used as a criteria to select any member of the Federal Parliament and that its use shall cease with the elections of 2016.

The Federal Government of Somalia and the Government of Puntland agreed upon the formation of inclusive 2016 Electoral Committees consisting of the Federal Government of Somalia and federal member states.

The two parties agreed that the international community shall closely monitor the implementation of the 2016 electoral model and process to ensure fairness and transparency.

The two parties agreed the selection process for members of the Federal Parliament shall take place at regional capitals of Federal Member States.

The electoral college shall be selected by the traditional elders, who will then forward electoral college member’s names to the Electoral Committees.

The electoral college shall reflect members of the community including women.

Each seat for the lower house shall be contested by a number of candidates, as shall be agreed by the National Leadership Forum and shall include female candidates from the specific clan grouping.

Further each candidate’s filing shall comply with requirements and vetting process of the Electoral Committees at the National and State levels.

Each candidate for the lower house of the Federal Parliament shall meet constitutionally required criteria.

The two parties agreed that the election shall take place in Garowe for the members of the federal parliament of the clans party to the formation of Puntland in 1998.

Puntland is open to host elections in Garowe for any other constituencies unable to conduct elections due to existing circumstances within their jurisdiction.

The president of Puntland shall duly sign the list of official members elected in Puntland at the lower house of the Federal Parliament after the Electoral Committees forward the certified final result.

Upper House

The formation of the Upper House of the Federal Parliament shall precede the formation of the Lower House of the Federal Parliament as already set out in the model proposed by the federal government.

The two parties agreed that Puntland candidates for the Upper House of the National Federal Parliament representing Puntland will be proposed by the Executive branch of Puntland, using agreed criteria and appointed by the Puntland House of Representatives.

Each seat in the Upper House of the Federal Parliament shall be contested by an agreed number of candidates including females.

Each candidate for the Upper House of the Federal Parliament shall meet constitutionally required criteria.

The Federal Government of Somalia and the Government of Puntland agreed that the election of the members of the Upper House of the Federal Parliament shall take place in the capitals of Federal Member States.

The two parties agreed that the elections for the Upper House seats representing Puntland for the Federal Parliament shall take place in Garowe.

The candidates will be drawn from clans party to the formation of Puntland in 1998.

The president of Puntland shall duly sign the list of official members representing Puntland at the Upper House of the Federal Parliament after the Electoral Committee forwards the certified final result.

The Federal Government of Somalia and the Government of Puntland recommend that the National Leadership Forum decide the location of the elections of the President of the Federal Republic of Somalia and the Leadership of the Upper House and Lower House of the Parliament by choosing a safe and conducive location.

2020 RΟΑDΜΑΡ:

The two parties agreed that the 2020 federal elections shall be held according to one-person, one-vote principle.

Under no circumstances shall the 4.5 clan based power sharing arrangement be used beyond the 2016 elections.

The International community shall undertake and guarantee that 4.5 model shall not be used beyond 2016.

Implementation of the Agreement:

The international community takes note of the bi-lateral talks between the Federal Government of Somalia and the Government of Puntland in the areas such as the Constitutional Review process, Federation process, Development Aid, Security, etc.

and encourages and supports the implementation of agreements in these areas, taking into account the national interest.

The implementation of this agreement between the Federal Government of Somalia and the Government of Puntland is guaranteed byIntergovernmental Authority on Development (IGAD) and witnessed by the United Nations (UN), African Union (AU), and European Union (EU).