Communique: The Mogadishu Declaration of the National Consultative Forum

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Communique: The Mogadishu Declaration of the National Consultative Forum
Date: 16 Dec 2015
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: Somali representatives gathered in Mogadishu for the second plenary session of the National Consultative Forum.
Among the attendees were the President of the Federal Republic, Hassan Sheikh Mohamud, the Prime Minister of the Federal Republic, Omar Abdirashid Ali Sharmaarke, the Speaker of the Federal Parliament, Mohammed Osman Jawari, the President of Puntland, Abdiweli Ali “Gaas”, the President of the South-West Administration, Sharif Hassan Sheikh Adan, the President of Jubbaland, Ahmed Islaan “Madobe,” and the President of Galmudug, Abdulkarim Guled, as well as Federal ministers, members of the Federal Parliament, representatives from the executives of the regional administrations, the Deputy Governors of Benadir, Hiraan and Middle Shabelle and of Somali civil society, including women and youth.
Third parties: -
Description: An agreement of the National Consultative Forum as to elections principals and a road-map.

Agreement document: SO_151216_The Mogadishu Declaration.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 1, Untitled preamble,
...It was underlined that the Somali population is united in its desire to see a political transition when the mandates of the legislature and the executive end in August and September 2016, respectively. The active participation of women and youth was welcomed and it was emphasised that the electoral process must reflect the diversity of Somalia...

Page 1, Untitled preamble, Among the attendees were the President of the Federal Republic, Hassan Sheikh Mohamud, the Prime Minister of the Federal Republic, Omar Abdirashid Ali Sharmaarke, the Speaker of the Federal Parliament, Mohammed Osman Jawari, the President of Puntland, Abdiweli Ali “Gaas”, the President of the South-West Administration, Sharif Hassan Sheikh Adan, the President of Jubbaland, Ahmed Islaan “Madobe,” and the President of Galmudug, Abdulkarim Guled, as well as Federal ministers, members of the Federal Parliament, representatives from the executives of the regional administrations, the Deputy Governors of Benadir, Hiraan and Middle Shabelle and of Somali civil society, including women and youth.

Page 2, 3. There shall be a minimum fixed number of seats reserved for women in both houses. There shall be enhanced representation of youth and marginalised groups.
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 1, Untitled preamble, Somali representatives gathered in Mogadishu for the second plenary session of the National Consultative Forum.
Among the attendees were the President of the Federal Republic, Hassan Sheikh Mohamud, the Prime Minister of the Federal Republic, Omar Abdirashid Ali Sharmaarke, the Speaker of the Federal Parliament, Mohammed Osman Jawari, the President of Puntland, Abdiweli Ali “Gaas”, the President of the South-West Administration, Sharif Hassan Sheikh Adan, the President of Jubbaland, Ahmed Islaan “Madobe,” and the President of Galmudug, Abdulkarim Guled, as well as Federal ministers, members of the Federal Parliament, representatives from the executives of the regional administrations, the Deputy Governors of Benadir, Hiraan and Middle Shabelle and of Somali civil society, including women and youth.

Page 1, Untitled preamble, Paragraph 5,
It was underlined that the Somali population is united in its desire to see a political transition when the mandates of the legislature and the executive end in August and September 2016, respectively. The active participation of women and youth was welcomed and it was emphasised that the electoral process must reflect the diversity of Somalia.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: Page 1-2, Untitled preamble, The National Consultative Forum took note of the outcome of the regional consultations that there was no single electoral option that is preferred by all Somalis. The conclusion was endorsed that given the divergent views on the four electoral models, only a model combining the elements from each of them could ensure an electoral process that reflects the preferences and critical conditions stipulated by the Somali people. The spirit of compromise that had governed deliberations was welcomed.

Page 2, Against this background, the National Consultative Forum agreed the following important principles and actions:
1. Parliament as a whole will have representation based on balance between the constituency and clan.
2. Electoral colleges will convene and vote in the Federal member state capitals. They shall be diverse and contain representation from women, youth and civil society.
3. There shall be a minimum fixed number of seats reserved for women in both houses. There shall be enhanced representation of youth and marginalised groups.
4. A political roadmap shall be developed and agreed for (1) the period between now and the implementation of the electoral process in 2016, and (2) the period 2016 to 2020 to deliver universal suffrage elections in 2020. This roadmap shall be an integral part of the final agreement on the electoral process for 2016.
5. The details of the electoral model and the implementation plan shall be discussed with constituencies and agreed and launched at a ceremony in Kismayo on 10 January 2016.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, Untitled preamble, Somali representatives gathered in Mogadishu for the second plenary session of the National Consultative Forum.
Among the attendees were the President of the Federal Republic, Hassan Sheikh Mohamud, the Prime Minister of the Federal Republic, Omar Abdirashid Ali Sharmaarke, the Speaker of the Federal Parliament, Mohammed Osman Jawari, the President of Puntland, Abdiweli Ali “Gaas”, the President of the South-West Administration, Sharif Hassan Sheikh Adan, the President of Jubbaland, Ahmed Islaan “Madobe,” and the President of Galmudug, Abdulkarim Guled, as well as Federal ministers, members of the Federal Parliament, representatives from the executives of the regional administrations, the Deputy Governors of Benadir, Hiraan and Middle Shabelle and of Somali civil society, including women and youth.
The National Consultative Forum reviewed the conclusions from the public consultations held across Somalia on 15, 16 and 22 November and with Somalis in the diaspora on 5 December.

Page 2, Untitled preamble, The National Consultative Forum expressed its thanks to the members of the Task Force and to the Technical Support Team, which prepared and assisted the public consultations across Somalia and the plenary meetings of the National Consultative Forum.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: 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: Rights related issues→Media and communication→Media roles
Page 1, Untitled preamble, Paragraph 4, The National Consultative Forum welcomed the free expression of many different and often divergent views in the course of the public consultations.
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: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: On file with author. Also available at: Goobjoog News (2015) The National Consultative Forum Communiqué, https://goobjoog.com/english/the-national-consultative-forum-communique/ (Accessed 31 January 2020).

COMMUNIQUE:

THE MOGADISHU DECLARATION OF THE NATIONAL CONSULTATIVE FORUM

December 16, 2015

Somali representatives gathered in Mogadishu for the second plenary session of the National Consultative Forum.

Among the attendees were the President of the Federal Republic, Hassan Sheikh Mohamud, the Prime Minister of the Federal Republic, Omar Abdirashid Ali Sharmaarke, the Speaker of the Federal Parliament, Mohammed Osman Jawari, the President of Puntland, Abdiweli Ali “Gaas”, the President of the South-West Administration, Sharif Hassan Sheikh Adan, the President of Jubbaland, Ahmed Islaan “Madobe,” and the President of Galmudug, Abdulkarim Guled, as well as Federal ministers, members of the Federal Parliament, representatives from the executives of the regional administrations, the Deputy Governors of Benadir, Hiraan and Middle Shabelle and of Somali civil society, including women and youth.

The National Consultative Forum reviewed the conclusions from the public consultations held across Somalia on 15, 16 and 22 November and with Somalis in the diaspora on 5 December.

It welcomed the consultative process as a major exercise of participatory politics, manifesting the principal values of democracy.

It also expressed its appreciation to all participants and to the authorities of the existing and emerging Federal Member States, as well as the Somali Embassy in Kenya, for hosting the public consultations across the country and with Somalis in the diaspora.

The National Consultative Forum welcomed the free expression of many different and often divergent views in the course of the public consultations.

It was underlined that the Somali population is united in its desire to see a political transition when the mandates of the legislature and the executive end in August and September 2016, respectively.

The active participation of women and youth was welcomed and it was emphasised that the electoral process must reflect the diversity of Somalia.

The National Consultative Forum took note of the outcome of the regional consultations that there was no single electoral option that is preferred by all Somalis.

The conclusion was endorsed that given the divergent views on the four electoral models, only a model combining the elements from each of them could ensure an electoral process that reflects the preferences and critical conditions stipulated by the Somali people.

The spirit of compromise that had governed deliberations was welcomed.

Against this background, the National Consultative Forum agreed the following important principles and actions:

1. Parliament as a whole will have representation based on balance between the constituency and clan.

2. Electoral colleges will convene and vote in the Federal member state capitals.

They shall be diverse and contain representation from women, youth and civil society.

3. There shall be a minimum fixed number of seats reserved for women in both houses.

There shall be enhanced representation of youth and marginalised groups.

4. A political roadmap shall be developed and agreed for (1) the period between now and the implementation of the electoral process in 2016, and (2) the period 2016 to 2020 to deliver universal suffrage elections in 2020.

This roadmap shall be an integral part of the final agreement on the electoral process for 2016.

5. The details of the electoral model and the implementation plan shall be discussed with constituencies and agreed and launched at a ceremony in Kismayo on 10 January 2016.

The National Consultative Forum expressed its thanks to the members of the Task Force and to the Technical Support Team, which prepared and assisted the public consultations across Somalia and the plenary meetings of the National Consultative Forum.

Mogadishu, 16 December 2015