The Garowe Principles on the Finalization and Adoption of the Constitution and the End of Transition (Garowe I)

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Country/entity: Somalia
Puntland
Region: Africa (excl MENA)
Agreement name: The Garowe Principles on the Finalization and Adoption of the Constitution and the End of Transition (Garowe I)
Date: 24 Dec 2011
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:
1. Transitional Federal Government
President of the Transitional Federal Government
Hon. Sheikh Sharif
2. Transitional Federal Parliament
Speaker of the Transitional Federal Parliament
Hon. Sharif Hassan Sheikh Aden
3. Transitional Federal Government
Prime Minister of the Transitional Federal Government
Ali Abdiweli Mohamed Ali
4. Puntland
President of Puntland
Dr. Abdirahman Sheikh Mohamed Mohamud
5. Galmudug
President of Galmudug
Mohamed Ahmed Aalim
6. Ahlu-Sunna Wal Jamaaca
Representative of Ahlu Sunna Wal Jamaaca
Sheikh Mohamed Mohamud Yusuf
7. Deputy Special Representative of the
Secretary Gegeral of the UN for Somalia
Christian Manah
Third parties: facilitated by the United Nations, under the auspices of the Special Representative of the Secretary General for Somalia.
Description: Principles agreed by the parties attending the Somali National Constitutional Consultative Conference 21-23 December 1992 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_111224_Communique_of_Garowe_Consultative_Constitutional_Conference.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: Page 2, ... d. The National Constituent Assembly shall consist of a Maximum of 1,000 Delegates of which 30% shall be women.

Page 2, 2. Post-transition Parliamentary Structure
... b. The new Somali Federal Parliament shall comprise of 225 members of Parliament, with 20% women members.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, ... 4. ... whereas the Signitories reaffirm the unity of the Somali people, the political independence and territorial integrity of the Somali nation, ...
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: Page 3, 2. Post-transition Parliamentary Structure
... d. The term of the new federal parliament under the new federal constitution shall be four years. The mandate of the new parliament and the new government shall include the preparation of the country for a referendum and general elections, starting with municipal, local elections and culminating in a general national election.
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)→New political institutions (indefinite)
Page 2, 2. Post-transition Parliamentary Structure
a. A bicameral federal legislature shall be established commencing on the 21st of August, 2012 [corrected by pen in copy], and shall serve the first term of the parliament established in June 2012 under this agreement and the new Federal Constitution. The upper chamber of the bicameral legislature shall comprise of members of federal states and regional administrations.

Page 3, 2. Post-transition Parliamentary Structure
... d. The term of the new federal parliament under the new federal constitution shall be four years. The mandate of the new parliament and the new government shall include the preparation of the country for a referendum and general elections, starting with municipal, local elections and culminating in a general national election.

Page 3, 2. Post-transition Parliamentary Structure
... e. Members of the new federal parliament will be nominated by recognized traditional elders assisted by qualified civil society members none of whom shall not have any political aspirations.

Page 3, 2. Post-transition Parliamentary Structure
... f. The new Somali Federal Parliament shall be sworn-in on 15 June 2012.

Page 3, 2. Post-transition Parliamentary Structure
... g. Elections for the Parliament Speaker and his or her Deputies shall take place on 20 July 2012, to be followed elections for the President on 20 August 2012.

Page 3, 2. Post-transition Parliamentary Structure
Whereas, the Signatories respect the independence of the Parliament as the legislative body.

Page 3, 2. Post-transition Parliamentary Structure
... Whereas, the Parliament in turn is urged to respect the Kampala Accord, and should not take any action that violates the Kampala Accord.
Governance→Political institutions (new or reformed)→Temporary new institutions
Page 1, ... 3. The meeting identified two principal issues requiring consideration by the delegates in light of the current political climate and the necessity of timely implementation of the Roadmap:
- The structure, size, as well as the basis of representation and the selection criteria of the new federal parliament under the new federal constitution;
- Adoption of the new federal constitution by a constituent assembly, including, the mandate, size and the selection criteria of the members of the constituent assembly together with the selection of the new parliamentarians.

Page 2, ... c. The National Constituent Assembly shall be nominated by all Roadmap signatories and civil society based on the 4.5 formula.

Page 2, ... g. The National Constituent Assembly shall convene and commence its proceedings no later than 15 May 2012.

Page 2, ... i. The National Constituent Assembly shall be dissolved on May 30, 2012.
Elections: Page 2, 2. Post-transition Parliamentary Structure
... c ... i. Since the prevailing security situation will not permit direct elections, it is agreed that the lower house of the new federal parliament will be selected on the basis of the 4.5 formula of representation for this selection process only and shall prevail only for the term of parliament proposed under this agreement.

Page 3, 2. Post-transition Parliamentary Structure
... c. ... v. After the first term, the parliament will be elected through universal polling of one person one vote.

Page 3, 2. Post-transition Parliamentary Structure
... d. The term of the new federal parliament under the new federal constitution shall be four years. The mandate of the new parliament and the new government shall include the preparation of the country for a referendum and general elections, starting with municipal, local elections and culminating in a general national election.

Page 3, 2. Post-transition Parliamentary Structure
... e. ... i. An 15-member Independent Interim Electoral Commission consisting of representatives from Somali stakeholders shall evaluate and approve all nominees.

Page 3, 2. Post-transition Parliamentary Structure
... e. ... ii. Where there are existing State administrations, the state administrations will nominate their delegates and submit the list to Independent Interim Electoral Commission.
Electoral commission: Page 3, 2. Post-transition Parliamentary Structure
... e. ... i. An 15-member Independent Interim Electoral Commission consisting of representatives from Somali stakeholders shall evaluate and approve all nominees.

Page 3, 2. Post-transition Parliamentary Structure
... e. ... ii. Where there are existing State administrations, the state administrations will nominate their delegates and submit the list to Independent Interim Electoral Commission.
Political parties reform: No specific mention.
Civil society: Page 1, ... 2. The meeting brought together the signatories of the Roadmap and members of Civil Society

Page 2, ... c. The National Constituent Assembly shall be nominated by all Roadmap signatories and civil society based on the 4.5 formula.

Page 3, 2. Post-transition Parliamentary Structure
... e. Members of the new federal parliament will be nominated by recognized traditional elders assisted by qualified civil society members none of whom shall not have any political aspirations.
Traditional/religious leaders: Page 3, 2. Post-transition Parliamentary Structure
... e. Members of the new federal parliament will be nominated by recognized traditional elders assisted by qualified civil society members none of whom shall not have any political aspirations.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, ... 3. The meeting identified two principal issues requiring consideration by the delegates in light of the current political climate and the necessity of timely implementation of the Roadmap:
... - Adoption of the new federal constitution by a constituent assembly, including, the mandate, size and the selection criteria of the members of the constituent assembly together with the selection of the new parliamentarians.

Page 1, ... 4. ... the following principles were agreed by the delegates and signatories of the Roadmap. These principles, henceforth to be referred to as The Garowe Principles, shall guide and direct finalization of the draft constitution and the process of ending the transition. ...

Page 1, 1. National Constituent Assembly
a. The Final Draft of the Somali Federal Constitution shall be completed no later than 20 April 2012.

Page 2, ... b. A National Constituent Assembly shall provisionally adopt the Draft Federal Constitution as the Provisional Constitution of Somalia, subject to a Constitutional Implementation Review Process and National Referendum as circumstances permit.

Page 2, ... e. The Committee of Experts shall review the Constitution and ensure that the power relationships between the states and the federal government are enumerated and the new Somali Federal Constitution shall be harmonized with existing state constitutions.

Page 2, ... f. The Committee of Experts shall hand over the final draft of the Somali Federal Constitution to the Independent Federal Constitution Commission no later than 5 May 2012.

Page 2, ... h. The National Constituent Assembly shall adopt the Provisional Federal Constitution by way of a yes or no vote no later than May 22, 2012.

Power sharing

Political power sharing: Power sharing→Political power sharing→Proportionality in legislature
State level
Page 2, 2. Post-transition Parliamentary Structure
... c. The new federal parliament shall comprise of all communities, regions and existing states of the federal Somalia and shall reflect the diversity of Somali communities.

Page 2, 2. Post-transition Parliamentary Structure
... c ... i. Since the prevailing security situation will not permit direct elections, it is agreed that the lower house of the new federal parliament will be selected on the basis of the 4.5 formula of representation for this selection process only and shall prevail only for the term of parliament proposed under this agreement.
ii. The 4.5 formula shall never become the basis for power sharing in any future political dispensation after the above mentioned term concludes.
iii. The new Federal Constitution shall not include any provisions using the 4.5 formula and shall not be amended to abrogate this stipulation in any manner.

Page 3, 2. Post-transition Parliamentary Structure
... c. ... iv. The new federal parliament that comes into being in June 2012 shall not amend or enact any law or implement any policy that takes into account or attempts to reinstate the 4.5 power sharing formula.

Page 3, 2. Post-transition Parliamentary Structure
... c. ... vi. In case the prevailing situation does not allow for universal polling, the parliament will be selected on the basis of constituencies.
Power sharing→Political power sharing→Other proportionality
State level
Page 2, ... c. The National Constituent Assembly shall be nominated by all Roadmap signatories and civil society based on the 4.5 formula.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 2, ... e. The Committee of Experts shall review the Constitution and ensure that the power relationships between the states and the federal government are enumerated and the new Somali Federal Constitution shall be harmonized with existing state constitutions.
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: No specific mention.
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: facilitated by the United Nations, under the auspices of the Special Representative of the Secretary General for Somalia.
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: UN; http://unpos.unmissions.org/LinkClick.aspx?fileticket=HGL2Wx5OstE%3D&tabid=9705&language=en-US

Somali National Consultative Constitutional Conference

21 - 23 December 2011

Garowe, Puntland, Somalia

1. The first national constitutional conference was held in Garowe from 21-23 December, 2011.

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 TFG, H.E Dr Abbdirahman Sheikh Mohamed Mohamud, the President of Puntland, H.E. Mohamed Ahmed Alin, President of Galmudug, Sheikh Mohamed Mohamoud Yusuf, Representative of Ahlu Sunna Wal Jama'a (ASWJ).

The meeting was opened by the host, H.E Dr Abbdirahman Sheikh Mohamed Mohamud, the President of Puntland, who highlighted the need to end the transition by pointing to the urgency to implement the Roadmap.

3. The meeting identified two principal issues requiring consideration by the delegates in light of the current political climate and the necessity of timely

implementation of the Roadmap:

- The structure, size, as well as the basis of representation and the selection criteria of the new federal parliament under the new federal constitution;

- Adoption of the new federal constitution by a constituent assembly, including, the mandate, size and the selection criteria of the members of the constituent assembly together with the selection of the new parliamentarians.

4. Whereas the Participants have considered the Transitional Federal Charter, the Djibouti Agreement, the Kampala Accord and the Roadmap;

whereas the Signitories 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 Principles, shall guide and direct finalization of the draft constitution and the process of ending the transition.

The Garowe Principles on the Finalization and Adoption of the Constitution and the End of the Transition

1. National Constituent Assembly

a. The Final Draft of the Somali Federal Constitution shall be completed no later than 20 April 2012.

b. A National Constituent Assembly shall provisionally adopt the Draft Federal Constitution as the Provisional Constitution of Somalia, subject to a Constitutional Implementation Review Process and National Referendum as circumstances permit.

c. The National Constituent Assembly shall be nominated by all Roadmap signatories and civil society based on the 4.5 formula.

d. The National Constituent Assembly shall consist of a Maximum of 1, 000 Delegates of which 30% shall be women.

e. The Committee of Experts shall review the Constitution and ensure that the power relationships between the states and the federal government are enumerated and the new Somali Federal Constitution shall be harmonized with existing state constitutions.

f. The Committee of Experts shall hand over the final draft of the Somali Federal Constitution to the Independent Federal Constitution Commission no later than 5 May 2012.

g. The National Constituent Assembly shall convene and commence its proceedings no later than 15 May 2012.

h. The National Constituent Assembly shall adopt the Provisional Federal Constitution by way of a yes or no vote no later than May 22, 2012.

i. The National Constituent Assembly shall be dissolved on May 30, 2012.

2. Post-transition Parliamentary Structure

a. A bicameral federal legislature shall be established commencing on the 2151 of August, 201 !,

and shall serve the first term of the parliament established in June 2012 under this agreement and the new Federal Constitution.

The upper chamber of the bicameral legislature shall comprise of members of federal states and regional administrations.

b. The new Somali Federal Parliament shall comprise of 225 members of Parliament, with 20% women members.

c. The new federal parliament shall comprise of all communities, regions and existing states of the federal Somalia and shall reflect the diversity of Somali communities.

i. Since the prevailing security situation will not permit direct elections, it is agreed that the lower house of the new federal parliament will be selected on the basis of the 4.5 formula of representation for this selection process only and shall prevail only for the term of parliament proposed under this agreement.

ii. The 4.5 formula shall never become the basis for power sharing in any future political dispensation after the above mentioned term concludes.

iii. The new Federal Constitution shall not include any provisions using the 4.5 formula and shall not be amended to abrogate this stipulation in any manner.

iv. The new federal parliament that comes into being in June 2012 shall not amend or enact any law or implement any policy that takes into account or attempts to reinstate the 4.5 power sharing formula.

v. After the first term, the parliament will be elected through universal polling of one person one vote.

vi. In case the prevailing situation does not allow for universal polling, the parliament will be selected on the basis of constituencies.

d. The term of the new federal parliament under the new federal constitution shall be four years.

The mandate of the new parliament and the new government shall include the preparation of the country for a referendum and general elections, starting with municipal, local elections and culminating in a general national election.

e. Members of the new federal parliament will be nominated by recognized traditional elders assisted by qualified civil society members none of whom shall not have any political aspirations.

i. An 15-member Independent Interim Electoral Commission consisting of representatives from Somali stakeholders shall evaluate and approve all nominees.

ii. Where there are existing State administrations, the state administrations will nominate their delegates and submit the list to Independent Interim Electoral Commission.

f. The new Somali Federal Parliament shall be sworn-in on 15 June 2012.

g. Elections for the Parliament Speaker and his or her Deputies shall take place on 20 July 2012, to be followed elections for the President on 20 August 2012.

Whereas, the Signatories respect the independence of the Parliament as the legislative body.

Whereas, the Parliament in turn is urged to respect the Kampala Accord, and should not take any action that violates the Kampala Accord.

Further, the Signatories request the International Community to take action against any elements that bring forth frivolous and capricious motions against the President, Prime Minister, Speaker and the two Deputy Speakers designed to derail the implementation of the Roadmap.

The Signatories announce that the next Constitutional Consultative Conference will be held in Garowe in the third week of January 2012 and will focus on the finalization and adoption of federalism.

Signatories:

1. Transitional Federal Government

President of the Transitional Federal Government

Hon. Sheikh Sharif

2. Transitional Federal Parliament

Speaker of the Transitional Federal Parliament

Hon. Sharif Hassan Sheikh Aden

3. Transitional Federal Government

Prime Minister of the Transitional Federal Government

Ali Abdiweli Mohamed Ali

4. Puntland

President of Puntland

Dr. Abdirahman Sheikh Mohamed Mohamud

5. Galmudug

President of Galmudug

Mohamed Ahmed Aalim

6. Ahlu-Sunna Wal Jamaaca

Representative of Ahlu Sunna Wal Jamaaca

Sheikh Mohamed Mohamud Yusuf

7. Deputy Special Representative of the

Secretary Gegeral of the UN for Somalia

Christian Manah