The Garowe II Principles on Federalism, System of Government and Ending of Transition through operationalizing Garowe I (Garowe II)

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Country/entity: Somalia
Puntland
Region: Africa (excl MENA)
Agreement name: The Garowe II Principles on Federalism, System of Government and Ending of Transition through operationalizing Garowe I (Garowe II)
Date: 7 Feb 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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Somalia Peace Process
Parties: Signatories:
On behalf of the Transitional Federal Government:
H.E. Shiekh Sharif Sheikh Ahmed, President of the Transitional Federal Government;
Hon. Sharif Hassan Sheikh Aden, Speaker of the Transitional Federal Parliament;
Hon. Dr. Abdiweli Mohamed Ali, Prime Minister of the Transitional Federal Government;

On behalf of Puntland:
Hon. Dr. Abdirahman Sheikh Mohamed Mahmud, President of Puntland;

On behalf of Galmudug:
Hon. Mohamed Ahmed Aalim, President of Galmudug;

On behalf of Ahlu-Sunna Wal Jama'a
Hon. Khalif Abdulkadir Moalim Nur, Representative of Ahlu-Sunna Wal Jama'a;

On behalf of the Secretary General of the UN for Somalia:
Hon. Dr. Augustine Mahiga, Special Representative;

[Page 9 has the same signatures in Somali]
Third parties: under the auspices of the Special Representative of the Secretary General for Somalia.
7. Special Representative of the Secretary General of the UN for Somalia
Hon. Dr. Augustine Mahiga
[Signed]

[Not signatories] The stakeholder principles; Ambassadors from IGAD & AU; Minister of Endowment & Religious Affairs from Djibouti ...
Description: Principles agreed by the parties attending the Somali National Constitutional Consultative Conference 15-17 February 2012 convened by the Transitional Federal Government (TFG) of Somalia hosted by Puntland State Government of Somalia and facilitated by the United Nations, under the auspices of the Special Representative of the Secretary General for Somalia.

Agreement document: SO_120207_Garowe II Principles.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 4, 3. Operationalizating Garowe I Principles
... 2. National Constituent Assembly (NCA)
... b. Membership shall be based on the following:
... iii. the remaining 700 men and women shall be selected from [a cross section of society, including; youth/students, business people, the Diaspora, religious and traditional leaders, professionals, scholars and existing and emerging regional administrations.
Disabled persons: No specific mention.
Elderly/age: Groups→Elderly/age→Substantive
Page 3-4, 3. Operationalizating Garowe I Principles
1. Interim Independent Electoral Commission (IIEC)
... d. The eligibility criteria for IIEC membership shall be as follows:
... ii. Aged between 21 and 70 years.

Page 4, 3. Operationalizating Garowe I Principles
... 2. National Constituent Assembly (NCA)
... c. Eligibility Criteria:
i. The criteria noted above for IIEC membership shall apply to NCA nominees except for the following:
1. Minimum age of 21...

Page 5-6, 3. The New Federal Parliament
... d. Eligibility criteria for membership in the new federal parliament shall be:
i. Somali citizenship
ii. Aged between 25-75 years ...
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 4, 3. Operationalizating Garowe I Principles
1. Interim Independent Electoral Commission (IIEC)
... b. Membership:
... ii. The IIEC shall consist of at least 5 women members

Page 4, 3. Operationalizating Garowe I Principles
... 2. National Constituent Assembly (NCA)
... b. Membership shall be based on the following:
... ii. At least 300 (30%) members shall be women;

Page 4, 3. Operationalizating Garowe I Principles
... 2. National Constituent Assembly (NCA)
... b. Membership shall be based on the following:
... iii. the remaining 700 men and women shall be selected from [a cross section of society, including; youth/students, business people, the Diaspora, religious and traditional leaders, professionals, scholars and existing and emerging regional administrations.

Page 5, 3. Operationalizating Garowe I Principles
3 Relevant experience
d. Selection Process for member of the NCA:
... iv. To ensure that the minimum quota for women is implemented, women members shall be determined first;
v. Nomination lists that do not result in at least 30% women in the NCA must be rejected;

Page 6, 3. The New Federal Parliament
... e. Selection process of the new federal parliament
... iv. Women will make up at least 30% of the parliamentarians by way of a set aside along 4.5. Civil society and respected women members of the clans will nominate and select the women.
Men and boys: Gender→Men and boys→Gender neutral wording
Page 4, 3. Operationalizating Garowe I Principles
... 2. National Constituent Assembly (NCA)
... b. Membership shall be based on the following:
... iii. the remaining 700 men and women shall be selected from [a cross section of society, including; youth/students, business people, the Diaspora, religious and traditional leaders, professionals, scholars and existing and emerging regional administrations.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, Untitled Preamble,
... 3 . At the conclusion of Garowe I, the Signatories announced that the next Constitutional Consultative Conference would be held in Garowe in early 2012 and would focus on the finalization and adoption of federalism. Because time is of the essence, it was agreed that three critical issues required consideration by the delegates to ensure the completion of the constitution making process and ending the transition on time, by August 20, 2012, as follows:
1. Federalism: The nature of federal structure the country would adopt, including the status of the capital city, Mogadishu;

Page 2, Untitled Preamble,... 5. Whereas the signatories reaffirm the unity of the Somali people, the political independence and territorial integrity of the Somali nation, the following principles were agreed by the delegates and signatories of the Roadmap.
State configuration: Page 1, Untitled Preamble,
... 3 . At the conclusion of Garowe I, the Signatories announced that the next Constitutional Consultative Conference would be held in Garowe in early 2012 and would focus on the finalization and adoption of federalism. Because time is of the essence, it was agreed that three critical issues required consideration by the delegates to ensure the completion of the constitution making process and ending the transition on time, by August 20, 2012, as follows:
... 2. System of Government and Electoral System Design: Consensus on the structure of the federal executive depending on whether the choice of system of government is parliamentary, presidential or hybrid; consensus on the related elements of electoral system design;

Page 2, 1. Federalism - Establishing the Federal States
The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature. The Garowe I Principles reiterate this but to not specify any details. In Garowe II, the following aspects for establishing a federal system were agreed upon:
a. We recognise the Puntland State is a founding federal state and was an existing state upon the adoption of the Transitional Federal Charter in 2004. We further recognise that Galmudug State as a state within the federation, and it shall, as soon as is practical, fulfil all the requirements for becoming a full federal state as stipulated in the Transitional Federal Charter. The TFG and the International Community are called upon to extend all the necessary assistance to the Galmudug authorities in this regard.
b. The criteria for the formation of new state shall conform to the provisions stipulated in the Charter, which is based on two or more regions coming together.

Page 2-3, 1. Federalism - Establishing the Federal States
The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature. The Garowe I Principles reiterate this but to not specify any details. In Garowe II, the following aspects for establishing a federal system were agreed upon:
... d. The creation of new states requires a sustainable regional reconciliation process. An independent commission shall access a state's conduct of such a process and the fulfilment of the above criteria. The new Somali Federal Parliament shall vote on ascension to statehood.
e. The federal fiscal system shall include financial transfers and assistance based on the principle of equalization and equity among states.
f. The federal structure shall respect states' rights in the assignment of competencies and responsibilities to the states. The national competences shall include essential issues of national interest, notably, but not limited to, foreign affairs, national defence, national monetary policy, national resources, wealth sharing, citizenship, and immigration.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: Page 3, 1. Federalism - Establishing the Federal States
The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature. The Garowe I Principles reiterate this but to not specify any details. In Garowe II, the following aspects for establishing a federal system were agreed upon:
... Status of Mogadishu
g. Mogadishu is the capital city. Its status within the federal set-up shall be decided by the new parliament through the enactment of primary legislation.
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)→New political institutions (indefinite)
Page 1, Untitled Preamble,
3 ... 3. Operationalizing Garowe 1 Principles related to the constitutional adoption process by the National Constituent Assembly (NCA), including the selection process of the members of the NCA and the new federal parliament and the design of the Upper House of Parliament representing the administrative regions.

Page 3, 2. System of Government and Electoral System Design
The Working Group on Systems of Government and Electoral systems considered the issue of which system of government is best suited to Somalia - the Parliamentary or Presidential system - and rigorously deliberated the advantages and disadvantages of both systems.
a. Somalia shall adopt the Parliamentary system as it provides more accountability of the executive to parliament, and checks and balances to the abuse of power.
b. The primary task of the executive shall be vested within the Council of Ministers, led by the Prime Minister. The President shall be the Head of State and will stand for the Unity of the State.
c. The Constitution shall clearly set forth and enumerate the respective powers of the Head of State and the Head of Government.
d. Council of Minister shall be drawn from within and outside parliament.

Page 4, 3. Operationalizating Garowe I Principles
... 2. National Constituent Assembly (NCA)
a. Mandate:
i. The NCA's rules of procedure shall regulate procedures to be followed in the event members cannot reach the required majority for adoption; the rules and procedures shall provide for a process to refer issues back to the drafters based on the vote of a qualified; the rules shall further set forth agreed deadlock breaking mechanisms to provide mediation support.

Page 4, 3. Operationalizating Garowe I Principles
... 2. National Constituent Assembly (NCA)
... c. Eligibility Criteria:
i. The criteria noted above for IIEC membership shall apply to NCA nominees except for the following:
1. Minimum age of 21
2. No minimum level of education except literacy

Page 5, 3. The New Federal Parliament
a. Membership in the Lower House shall comprise 225 members;
b. The Upper House shall be based on the new configurations of future federal states for a maximum of 54 members.
i. The selection of the Upper House shall follow the same principles of transparency, inclusivity and representation as govern the selection of other constitutional bodies, with criteria to be elaborated in the new constitution and designed to embody national integration and cohesion, to serve as a "court of a second opinion" and custodian of national cultural values and national ethos;
ii. The Upper House shall come into effect no later than August 2012 as specified in the Garowe I Principles.
iii. The new Constitution and its Implementation Schedules as well as general provisions clauses shall further govern the permanent make up of the Upper House, and shall set out criteria, size, allocation of seats and composition of the Upper house, as well as a mechanism and process for the formation of the sub-national units;
iv. After the first term of the new Upper House of the new federal parliament, membership shall be based on the establish sub-national units with equal representation.
c. To ensure trust in the federal parliament, members must be patriotic, honest, and of good standing in Somali society. They must respect and uphold the rights of all Somalis and demonstrate tolerance towards all.

Page 6, 3. The New Federal Parliament
... d. Eligibility criteria for membership in the new federal parliament shall be:
i. Somali citizenship
ii. Aged between 25-75 years
iii. Minimum secondary school education
iv. No criminal record
v. Not declared mentally incompetent
vi. Respect Islamic values
vii. Relevant experience
e. Selection process of the new federal parliament
i. Recognized traditional elders assisted by prominent civil society members shall nominate two people for every seat based on the criteria outlined above;
ii. Nominations shall be sent to the IIEC to verify that they meet the eligibility criteria and overall composition requirements. If they do not, the names must be returned and a new candidate or candidates must be submitted;
iii. The names of eligible candidates shall be sent back to the nominating entities to select the individuals who shall become representatives in the new federal parliament;
iv. Women will make up at least 30% of the parliamentarians by way of a set aside along 4.5. Civil society and respected women members of the clans will nominate and select the women.

Page 6, ... 3. Commence formation of the relevant bodies, especially the IIEC and NCA.
Elections: Page 1, Untitled Preamble,
... 3 . At the conclusion of Garowe I, the Signatories announced that the next Constitutional Consultative Conference would be held in Garowe in early 2012 and would focus on the finalization and adoption of federalism. Because time is of the essence, it was agreed that three critical issues required consideration by the delegates to ensure the completion of the constitution making process and ending the transition on time, by August 20, 2012, as follows:
... 2. System of Government and Electoral System Design: Consensus on the structure of the federal executive depending on whether the choice of system of government is parliamentary, presidential or hybrid; consensus on the related elements of electoral system design;

Page 3, 2. ... Electoral System Design
e. The electoral system for the Lower House shall be based on the principle of proportionality. The details of the electoral system shall be defined by legislation. The new federal parliament shall adopt such legislation by the end of the third month of its first sitting.

Page 3-4, 3. Operationalizating Garowe I Principles
1. Interim Independent Electoral Commission (IIEC)
a. Mandate:
i. The IIEC shall verify nominees for the Constituent Assembly and Parliament against established objective criteria. It shall also engage in raising awareness of the processes for nominating and selecting candidates including ensuring full transparency through publication of names in media outlets and a public notice and comment period. The IIEC shall not be responsible for selecting members to either body.

Page 4, 3. Operationalizating Garowe I Principles
1. Interim Independent Electoral Commission (IIEC)
... b. Membership:
i. The IIEC shall consist of 15 voting members based on the 4.5 formula (see Garowe I)
ii. The IIEC shall consist of at least 5 women members
iii. The IIEC shall include the involvement of international actors as non-voting participants.
c. To ensure trust in the commission, IIEC members must be patriotic, honest, of good standing in Somali society, have no personal political ambitions or loyalties to other states. They must respect and uphold the rights of all Somalis and demonstrate tolerance towards all.
d. The eligibility criteria for IIEC membership shall be as follows:
i. Somali citizenship
ii. Aged between 21 and 70 years.
iii. no record of serious crime or crimes against humanity
iv. Minimum secondary education
v. Experience in elections or related fields
e. Roadmap signatories assisted by civil society representatives and traditional leaders shall appoint IIEC members based on applications submitted through a public process. The public shall be kept informed of the process through a concerted media campaign.

Page 5, 3. Operationalizating Garowe I Principles
3 Relevant experience
d. Selection Process for member of the NCA:
... ii. Nominations shall be submitted to the IIEC to verify that each nominee meets the above criteria as well as the overall composition;

Page 5, 3. Operationalizating Garowe I Principles
3 Relevant experience
d. Selection Process for member of the NCA:
... iii. If a nominee or list is determined to not meet the criteria they shall be sent back to the Garowe 1 signatories, traditional leaders and civil society to nominate another person or list meeting the criteria to submit to the IIEC, maintaining the 4.5 formula;
Electoral commission: Page 3-4, 3. Operationalizating Garowe I Principles
1. Interim Independent Electoral Commission (IIEC)
a. Mandate:
i. The IIEC shall verify nominees for the Constituent Assembly and Parliament against established objective criteria. It shall also engage in raising awareness of the processes for nominating and selecting candidates including ensuring full transparency through publication of names in media outlets and a public notice and comment period. The IIEC shall not be responsible for selecting members to either body.

Page 4, 3. Operationalizating Garowe I Principles
1. Interim Independent Electoral Commission (IIEC)
... b. Membership:
i. The IIEC shall consist of 15 voting members based on the 4.5 formula (see Garowe I)
ii. The IIEC shall consist of at least 5 women members
iii. The IIEC shall include the involvement of international actors as non-voting participants.
c. To ensure trust in the commission, IIEC members must be patriotic, honest, of good standing in Somali society, have no personal political ambitions or loyalties to other states. They must respect and uphold the rights of all Somalis and demonstrate tolerance towards all.
d. The eligibility criteria for IIEC membership shall be as follows:
i. Somali citizenship
ii. Aged between 21 and 70 years.
iii. no record of serious crime or crimes against humanity
iv. Minimum secondary education
v. Experience in elections or related fields
e. Roadmap signatories assisted by civil society representatives and traditional leaders shall appoint IIEC members based on applications submitted through a public process. The public shall be kept informed of the process through a concerted media campaign.

Page 5, 3. Operationalizating Garowe I Principles
3 Relevant experience
d. Selection Process for member of the NCA:
... ii. Nominations shall be submitted to the IIEC to verify that each nominee meets the above criteria as well as the overall composition;

Page 5, 3. Operationalizating Garowe I Principles
3 Relevant experience
d. Selection Process for member of the NCA:
... iii. If a nominee or list is determined to not meet the criteria they shall be sent back to the Garowe 1 signatories, traditional leaders and civil society to nominate another person or list meeting the criteria to submit to the IIEC, maintaining the 4.5 formula;
Political parties reform: No specific mention.
Civil society: Page 4, 3. Operationalizating Garowe I Principles
1. Interim Independent Electoral Commission (IIEC)
... e. Roadmap signatories assisted by civil society representatives and traditional leaders shall appoint IIEC members based on applications submitted through a public process. The public shall be kept informed of the process through a concerted media campaign.

Page 5, 3. Operationalizating Garowe I Principles
3 Relevant experience
d. Selection Process for member of the NCA:
i. Roadmap signatories assisted by traditional leaders and civil society shall nominate 1000 people based on the 4.5 formula and the criteria set out above;

Page 5, 3. Operationalizating Garowe I Principles
3 Relevant experience
d. Selection Process for member of the NCA:
... iii. If a nominee or list is determined to not meet the criteria they shall be sent back to the Garowe 1 signatories, traditional leaders and civil society to nominate another person or list meeting the criteria to submit to the IIEC, maintaining the 4.5 formula;

Page 6, 3. The New Federal Parliament
... e. Selection process of the new federal parliament
i. Recognized traditional elders assisted by prominent civil society members shall nominate two people for every seat based on the criteria outlined above;
Traditional/religious leaders: Page 4, 3. Operationalizating Garowe I Principles
... 2. National Constituent Assembly (NCA)
... b. Membership shall be based on the following:
... iii. the remaining 700 men and women shall be selected from [a cross section of society, including; youth/students, business people, the Diaspora, religious and traditional leaders, professionals, scholars and existing and emerging regional administrations.

Page 5, 3. Operationalizating Garowe I Principles
3 Relevant experience
d. Selection Process for member of the NCA:
i. Roadmap signatories assisted by traditional leaders and civil society shall nominate 1000 people based on the 4.5 formula and the criteria set out above;

Page 5, 3. Operationalizating Garowe I Principles
3 Relevant experience
d. Selection Process for member of the NCA:
... iii. If a nominee or list is determined to not meet the criteria they shall be sent back to the Garowe 1 signatories, traditional leaders and civil society to nominate another person or list meeting the criteria to submit to the IIEC, maintaining the 4.5 formula;

Page 6, 3. The New Federal Parliament
... e. Selection process of the new federal parliament
i. Recognized traditional elders assisted by prominent civil society members shall nominate two people for every seat based on the criteria outlined above;
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 6, ... 1. Commence finalization of the draft constitution and complete the drafting by 20th of April 2012;
2. Complete consultation and civic education on remaining critical issues in the Consultative Draft Constitution;

Power sharing

Political power sharing: Power sharing→Political power sharing→Proportionality in legislature
State level
Page 4, 3. Operationalizating Garowe I Principles
... 2. National Constituent Assembly (NCA)
... b. Membership shall be based on the following:
i. 1000 members based on the 4.5 formula;

Page 5, 3. Operationalizating Garowe I Principles
3 Relevant experience
d. Selection Process for member of the NCA:
i. Roadmap signatories assisted by traditional leaders and civil society shall nominate 1000 people based on the 4.5 formula and the criteria set out above;

Page 5, 3. Operationalizating Garowe I Principles
3 Relevant experience
d. Selection Process for member of the NCA:
... iii. If a nominee or list is determined to not meet the criteria they shall be sent back to the Garowe 1 signatories, traditional leaders and civil society to nominate another person or list meeting the criteria to submit to the IIEC, maintaining the 4.5 formula;
Power sharing→Political power sharing→Other proportionality
State level
Page 4, 3. Operationalizating Garowe I Principles
1. Interim Independent Electoral Commission (IIEC)
... b. Membership:
i. The IIEC shall consist of 15 voting members based on the 4.5 formula (see Garowe I)
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 2, 1. Federalism - Establishing the Federal States
The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature. The Garowe I Principles reiterate this but to not specify any details. In Garowe II, the following aspects for establishing a federal system were agreed upon:
a. We recognise the Puntland State is a founding federal state and was an existing state upon the adoption of the Transitional Federal Charter in 2004. We further recognise that Galmudug State as a state within the federation, and it shall, as soon as is practical, fulfil all the requirements for becoming a full federal state as stipulated in the Transitional Federal Charter. The TFG and the International Community are called upon to extend all the necessary assistance to the Galmudug authorities in this regard.

Page 2-3, 1. Federalism - Establishing the Federal States
The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature. The Garowe I Principles reiterate this but to not specify any details. In Garowe II, the following aspects for establishing a federal system were agreed upon:
... d. The creation of new states requires a sustainable regional reconciliation process. An independent commission shall access a state's conduct of such a process and the fulfilment of the above criteria. The new Somali Federal Parliament shall vote on ascension to statehood.
... e. The federal fiscal system shall include financial transfers and assistance based on the principle of equalization and equity among states.

Page 3, 1. Federalism - Establishing the Federal States
The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature. The Garowe I Principles reiterate this but to not specify any details. In Garowe II, the following aspects for establishing a federal system were agreed upon:
... f. The federal structure shall respect states' rights in the assignment of competencies and responsibilities to the states. The national competences shall include essential issues of national interest, notably, but not limited to, foreign affairs, national defence, national monetary policy, national resources, wealth sharing, citizenship, and immigration.

Page 3, 1. Federalism - Establishing the Federal States
The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature. The Garowe I Principles reiterate this but to not specify any details. In Garowe II, the following aspects for establishing a federal system were agreed upon:
... Status of Mogadishu
g. Mogadishu is the capital city. Its status within the federal set-up shall be decided by the new parliament through the enactment of primary legislation.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 3, 1. Federalism - Establishing the Federal States
The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature. The Garowe I Principles reiterate this but to not specify any details. In Garowe II, the following aspects for establishing a federal system were agreed upon:
... f. The federal structure shall respect states' rights in the assignment of competencies and responsibilities to the states. The national competences shall include essential issues of national interest, notably, but not limited to, foreign affairs, national defence, national monetary policy, national resources, wealth sharing, citizenship, and immigration.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 4, 3. Operationalizating Garowe I Principles
1. Interim Independent Electoral Commission (IIEC)
... c. To ensure trust in the commission, IIEC members must be patriotic, honest, of good standing in Somali society, have no personal political ambitions or loyalties to other states. They must respect and uphold the rights of all Somalis and demonstrate tolerance towards all.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
Page 2, 1. Federalism - Establishing the Federal States
The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature. The Garowe I Principles reiterate this but to not specify any details. In Garowe II, the following aspects for establishing a federal system were agreed upon:
... c. All states are obliged to ensure equal political rights, access and opportunities for all Somalis, including political participation.
Human rights and equality→Civil and political rights→Vote and take part
Page 2, 1. Federalism - Establishing the Federal States
The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature. The Garowe I Principles reiterate this but to not specify any details. In Garowe II, the following aspects for establishing a federal system were agreed upon:
... c. All states are obliged to ensure equal political rights, access and opportunities for all Somalis, including political participation.
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 3-4, 3. Operationalizating Garowe I Principles
1. Interim Independent Electoral Commission (IIEC)
a. Mandate:
i. The IIEC shall verify nominees for the Constituent Assembly and Parliament against established objective criteria. It shall also engage in raising awareness of the processes for nominating and selecting candidates including ensuring full transparency through publication of names in media outlets and a public notice and comment period. The IIEC shall not be responsible for selecting members to either body.

Page 4, 3. Operationalizating Garowe I Principles
1. Interim Independent Electoral Commission (IIEC)
... e. Roadmap signatories assisted by civil society representatives and traditional leaders shall appoint IIEC members based on applications submitted through a public process. The public shall be kept informed of the process through a concerted media campaign.
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: Page 2, 1. Federalism - Establishing the Federal States
The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature. The Garowe I Principles reiterate this but to not specify any details. In Garowe II, the following aspects for establishing a federal system were agreed upon:
a. We recognise the Puntland State is a founding federal state and was an existing state upon the adoption of the Transitional Federal Charter in 2004. We further recognise that Galmudug State as a state within the federation, and it shall, as soon as is practical, fulfil all the requirements for becoming a full federal state as stipulated in the Transitional Federal Charter. The TFG and the International Community are called upon to extend all the necessary assistance to the Galmudug authorities in this regard.
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: Land, property and environment→Cultural heritage→Intangible
Page 6, 3. The New Federal Parliament
... d. Eligibility criteria for membership in the new federal parliament shall be:
... vi. Respect Islamic values
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 3, 1. Federalism - Establishing the Federal States
The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature. The Garowe I Principles reiterate this but to not specify any details. In Garowe II, the following aspects for establishing a federal system were agreed upon:
... f. The federal structure shall respect states' rights in the assignment of competencies and responsibilities to the states. The national competences shall include essential issues of national interest, notably, but not limited to, foreign affairs, national defence, national monetary policy, national resources, wealth sharing, citizenship, and immigration.
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: 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: No specific mention.

Implementation

UN signatory: 7. Special Representative of the Secretary General of the UN for Somalia
Hon. Dr. Augustine Mahiga
[Signed]
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 4, 3. Operationalizating Garowe I Principles
1. Interim Independent Electoral Commission (IIEC)
... b. Membership:
... iii. The IIEC shall include the involvement of international actors as non-voting participants.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: South South-Central Non-State Actors (SOSCENSA); http://www.soscensa.org/Files/Garowe-II-Principles.pdf

Second Somali National Consultative Constitutional Conference

15-17 February 2012

Garowe, Puntland, Somalia

1. The second national constitutional conference was held in Garowe from 15-17 February, 2012.

The meeting was convened by the Transitional Federal Government (TFG) of Somalia and hosted by Puntland State Government of Somalia and facilitated by the United Nations, under the auspices of the Special Representative of the Secretary General for Somalia.

2. The meeting brought together the signatories of the Roadmap and members of civil society.

Among the dignitaries present were (H.E. Sheikh Sharif Sheikh Ahmed, President of the Transitional Federal Government (TFG),) Honorable Sharif Hassan Sheikh Aden, Speaker of the Transitional Federal Parliament (TFP), H.E. Professor Abdiweli Mohamed Ali, Prime Minister of the TFG, H.E. Dr Abbdirahman Sheikh Mohamed Mohamud, the President of Parliamen, H.E. Mohamed Ahmed Alin, President of Galmudug, Khalif Abdulkadir Moallin Noor, Representative of Ahlu Sunna Wal Jama'a (ASWJ).

The meeting was opening by Hon Sharif Hassan, the speaker of the parliament who underscored the need to agreed several principle cornerstones on the completion of the constitutional process.

3 . At the conclusion of Garowe I, the Signatories announced that the next Constitutional Consultative Conference would be held in Garowe in early 2012 and would focus on the finalization and adoption of federalism.

Because time is of the essence, it was agreed that three critical issues required consideration by the delegates to ensure the completion of the constitution making process and ending the transition on time, by August 20, 2012, as follows:

1. Federalism:

The nature of federal structure the country would adopt, including the status of the capital city, Mogadishu;

2. System of Government and Electoral System Design:

Consensus on the structure of the federal executive depending on whether the choice of system of government is parliamentary, presidential or hybrid;

Consensus on the related elements of electoral system design;

3. Operationalizing Garowe 1 Principles related to the constitutional adoption process by the National Constituent Assembly (NCA), including the selection process of the members of the NCA and the new federal parliament and the design of the Upper House of Parliament representing the administrative regions.

4. The participants began the conference in a plenary session where they were addressed by the stakeholder principles;

Ambassadors from IGAD & AU;

Minister of Endowment & Religious Affairs from Djibouti & the UN SRSG for Somalia.

Following this, the participants divided themselves into 3 groups to discuss the following topics:

(1) Federalism;

(2) System of Government & Electoral System;

and (3) Operationalizing the Garowe 1 Principles.

Each

Page 2, group was co-chaired by a member of the Committee of Experts & a member of the IFCC supported by members of the Joint Constitution Unit.

Ground rules were established, that Garowe 1 Principlies were not to be reopened and setting forth a process in the event consensus could not be reached within the time allotted.

It was agreed that unresolved issues would be escalated to the principals and that their decision would be respected by all.

The conference was concluded via a plenary session celebrating achievements made, and closing with a signing ceremony.

4. Whereas the Participants have considered the Transitional Federal Charter, the Djibouti Agreement, the Kampala Accord, the Roadmap, Garowe Principles I and reviewed the Consultative Draft Constitution;

5. Whereas the signatories reaffirm the unity of the Somali people, the political independence and territorial integrity of the Somali nation, the following principles were agreed by the delegates and signatories of the Roadmap.

These Principles, henceforth to be referred to as The Garowe II Principles, shall guide and direct finalization of the draft constitution and the process of ending the transition including the development and enactment of the legal framework therein.

The Garowe II Principles on Federalism, System of Government and Ending of the Transition through Operationalizing Garowe I

1. Federalism - Establishing the Federal States

The Transitional Federal Charter makes references to a federal state and the Consultative Draft Constitution refer to the establishment of a bicameral federal legislature.

The Garowe I Principles reiterate this but to not specify any details.

In Garowe II, the following aspects for establishing a federal system were agreed upon:

a. We recognise the Puntland State is a founding federal state and was an existing state upon the adoption of the Transitional Federal Charter in 2004.

We further recognise that Galmudug State as a state within the federation, and it shall, as soon as is practical, fulfil all the requirements for becoming a full federal state as stipulated in the Transitional Federal Charter.

The TFG and the International Community are called upon to extend all the necessary assistance to the Galmudug authorities in this regard.

b. The criteria for the formation of new state shall conform to the provisions stipulated in the Charter, which is based on two or more regions coming together.

c. All states are obliged to ensure equal political rights, access and opportunities for all Somalis, including political participation.

d. The creation of new states requires a sustainable a regional reconciliation process.

An independent commission shall access a state's conduct of

Page 3, such a process and the fulfilment of the above criteria.

The new Somali Federal Parliament shall vote on ascension to statehood.

e. The federal fiscal system shall include financial transfers and assistance based on the principle of equalization and equity among states.

f. The federal structure shall respect states' rights in the assignment of competencies and responsibilities to the states.

The national competences shall include essential issues of national interest, notably, but not limited to, foreign affairs, national defence, national monetary policy, national resources, wealth sharing, citizenship, and immigration.

Status of Mogadishu

g. Mogadishu is the capital city.

Its status within the federal set-up shall be decided by the new parliament through the enactment of primary legislation.

2. System of Government and Electoral System Design

The Working Group on Systems of Government and Electoral systems considered the issue of which system of government is best suited to Somalia - the Parliamentary or Presidential system - and rigorously deliberated the advantages and disadvantages of both systems.

a. Somalia shall adopt the Parliamentary system as it provides more accountability of the executive to parliament, and checks and balances to the abuse of power.

b. The primary task of the executive shall be vested within the Council of Ministers, led by the Prime Minister.

The President shall be the Head of State and will stand for the Unity of the State.

c. The Constitution shall clearly set forth and enumerate the respective powers of the Head of State and the Head of Government.

d. Council of Minister shall be drawn from within and outside parliament.

Electoral System Design

e. The electoral system for the Lower House shall be based on the principle of proportionality.

The details of the electoral system shall be defined by legislation.

The new federal parliament shall adopt such legislation by the end of the third month of its first sitting.

3. Operationalizating Garowe I Principles

1. Interim Independent Electoral Commission (IIEC)

a. Mandate:

i. The IIEC shall verify nominees for the Constituent Assembly and Parliament against established objective criteria.

It shall also engage in raising awareness of the processes for nominating and selecting candidates including ensuring full transparency through publication of names in media outlets and a public

Page 4, notice and comment period.

The IIEC shall not be responsible for selecting members to either body.

b. Membership:

i. The IIEC shall consist of 15 voting members based on the 4.5 formula (see Garowe I)

ii. The IIEC shall consist of at least 5 women members

iii. The IIEC shall include the involvement of international actors as non-voting participants.

c. To ensure trust in the commission, IIEC members must be patriotic, honest, of good standing in Somali society, have no personal political ambitions or loyalties to other states.

They must respect and uphold the rights of all Somalis and demonstrate tolerance towards all.

d. The eligibility criteria for IIEC membership shall be as follows:

i. Somali citizenship

ii. Aged between 21 and 70 years.

iii. no record of serious crime or crimes against humanity

iv. Minimum secondary education

v. Experience in elections or related fields

e. Roadmap signatories assisted by civil society representatives and traditional leaders shall appoint IIEC members based on applications submitted through a public process.

The public shall be kept informed of the process through a concerted media campaign.

2. National Constituent Assembly (NCA)

a. Mandate:

i. The NCA's rules of procedure shall regulate procedures to be followed in the event members cannot reach the required majority for adoption;

the rules and procedures shall provide for a process to refer issues back to the drafters based on the vote of a qualified;

the rules shall further set forth agreed deadlock breaking mechanisms to provide mediation support.

b. Membership shall be based on the following:

i. 1000 members based on the 4.5 formula;

ii. At least 300 (30&) members shall be women;

iii. the remaining 700 men and women shall be selected from [a cross section of society, including;

youth/students, business people, the Diaspora, religious and traditional leaders, professionals, scholars and existing and emerging regional administrations.

c. Eligibility Criteria:

i. The criteria noted above for IIEC membership shall apply to NCA nominees except for the following:

1. Minimum age of 21

2. No minimum level of education except literacy

Page 5, 3 Relevant experience

d. Selection Process for member of the NCA:

i. Roadmap signatories assisted by traditional leaders and civil society shall nominate 1000 people based on the 4.5 formula and the criteria set out above;

ii. Nominations shall be submitted to the IIEC to verify that each nominee meets the above criteria as well as the overall composition;

iii. If a nominee or list is determined to not meet the criteria they shall be sent back to the Garowe 1 signatories, traditional leaders and civil society to nominate another person or list meeting the criteria to submit to the IIEC, maintaining the 4.5 formula;

iv. To ensure that the minimum quota for women is implemented, women members shall be determined first;

v. Nomination lists that do not result in at least 30% women in the NCA must be rejected;

3. The New Federal Parliament

a. Membership in the Lower House shall comprise 225 members;

b. The Upper House shall be based on the new configurations of future federal states for a maximum of 54 members.

i. The selection of the Upper House shall follow the same principles of transparency, inclusivity and representation as govern the selection of other constitutional bodies, with criteria to be elaborated in the new constitution and designed to embody national integration and cohesion, to serve as a "court of a second opinion" and custodian of national cultural values and national ethos;

ii. The Upper House shall come into effect no later than August 2012 as specified in the Garowe I Principles.

iii. The new Constitution and its Implementation Schedules as well as general provisions clauses shall further govern the permanent make up of the Upper House, and shall set out criteria, size, allocation of seats and composition of the Upper house, as well as a mechanism and process for the formation of the sub-national units;

iv. After the first term of the new Upper House of the new federal parliament, membership shall be based on the establish sub-national units with equal representation.

c. To ensure trust in the federal parliament, members must be patriotic, honest, and of good standing in Somali society.

They must respect and uphold the rights of all Somalis and demonstrate tolerance towards all.

d. Eligibility criteria for membership in the new federal parliament shall be:

Page 6,

i. Somali citizenship

ii. Aged between 25-75 years

iii. Minimum secondary school education

iv. No criminal record

v. Not declared mentally incompetent

vi. Respect Islamic values

vii. Relevant experience

e. Selection process of the new federal parliament

i. Recognized traditional elders assisted by prominent civil society members shall nominate two people for every seat based on the criteria outlined above;

ii. Nominations shall be sent to the IIEC to verify that they meet the eligibility criteria and overall composition requirements.

If they do not, the names must be returned and a new candidate or candidates must be submitted;

iii. The names of eligible candidates shall be sent back to the nominating entities to select the individuals who shall become representatives in the new federal parliament;

iv. Women will make up at least 30% of the parliamentarians by way of a set aside along 4.5.

Civil society and respected women members of the clans will nominate and select the women.

Whereas, the transitions must end by August 20, 2012, and therefore no delay or obstruction will be accepted by the Somali people or the International Community.

Spoilers will be identified and named, and appropriate joint action by Somali and international stakeholders will be taken against them.

The process will proceed.

Whereas the Signatories recommend that a compensation package be provided to members of Parliament who do not become members of the next parliament.

Whereas, times is of the essence and therefore all relevant parties are hereby directed to immediately, in accordance with the Transitional Federal Charter, the Kampala Accord, the Roadmap, Garowe I, Garowe II and other governing instruments:

1. Commence finalization of the draft constitution and complete the drafting by 20th of April 2012;

2. Complete consultation and civic education on remaining critical issues in the Consultative Draft Constitution;

3. Commence formation of the relevant bodies, especially the IIEC and NCA.

Page 7, The Signatories announce that the next constitutional consultative conference will be held by the end of March 2012 in Mogadishu and will focus on fundamental rights and freedoms.

1. Transitional Federal Government

President of the Transitional Federal Government

H.E. Sheikh Sharif Sheikh Ahmed

[Signed]

2. Transitional Federal Parliament

Speaker of the Transitional Federal Parliament

Hon. Sharif Hassan Sheikh Aden

[Signed]

3. Transitional Federal Government

Prime Minister of the Transitional Federal Government

Hon. Dr. Abdiweli Mohamed Ali

[Signed]

4. Puntland

President of Puntland

Hon. Dr. Abdirahman Shiekh Mohamed Mohamud

5. Galmudug

President of Galmudug

Hon. Mohamed Ahmed Aalim

[Signed]

6. Ahlu-Sunna wal Jama'a

Representative of Ahlu Sunna Wal Jama'a

Hon. Khalif Abdulkadir Moalim Nur

[Signed]

7. Special Representative of the Secretary General of the UN for Somalia

Hon. Dr. Augustine Mahiga

[Signed]