Peace Agreement between the Sa’ad and Saleman sub-clans

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Peace Agreement between the Sa’ad and Saleman sub-clans
Date: 18 Feb 2007
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local 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 - comprehensive
Conflict nature: Inter-group
Peace process: Somali Local Peace Processes
Parties: Sa’ad and Saleman sub-clans
Third parties: -
Description: Short peace agreement between the Sa'ad and Saleman sub-clans in Adado that restores land-holdings back to original owners, agree to use shariah as the basis for criminal justice, and establish a joint elders' council, a joint local police committee and a joint local judiciary committee authorized to extend this agreement in all the respective areas.

Agreement document: SO_070218_Peace Agreement between the Saad and Saleman sub-clans.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

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

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 1, 6. For effective sustainability and implementation of this historic agreement, the two sub-clans agree to establish a joint elders’ council, a joint local police committee and a joint local judiciary committee authorized to extend this agreement in all the respective areas.
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: 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: Justice sector reform→Criminal justice and emergency law→Criminal Justice System reform
Page 1, 5. The two sub-clans agree to respect and uphold the peace accord and its authentic implementation. They agree to practice Sharia and use this as the basis for settling any crime committed.
State of emergency provisions: No specific mention.
Judiciary and courts: Page 1, 6. For effective sustainability and implementation of this historic agreement, the two sub-clans agree to establish a joint elders’ council, a joint local police committee and a joint local judiciary committee authorized to extend this agreement in all the respective areas.
Prisons and detention: No specific mention.
Traditional Laws: Page 1, 4. Property captured in the fighting is to be unconditionally returned to its owner on the basis of Sharia law, including vehicles, camels and cattle etc. Note: Military equipment, such as battlewagons and guns, are excluded and are dealt with through a technical settlement.

Page 1, 5. The two sub-clans agree to respect and uphold the peace accord and its authentic implementation. They agree to practice Sharia and use this as the basis for settling any crime committed.

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: Land, property and environment→Land reform/rights→Property return and restitution
Page 1, 4. Property captured in the fighting is to be unconditionally returned to its owner on the basis of Sharia law, including vehicles, camels and cattle etc. Note: Military equipment, such as battlewagons and guns, are excluded and are dealt with through a technical settlement.
Land, property and environment→Land reform/rights→Other land rights
Page 1, 3. Every person is entitled to have access to his/her own property - water pools, houses, plot of land, etc. - regardless of the properties’ location.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: Page 1, 3. Every person is entitled to have access to his/her own property - water pools, houses, plot of land, etc. - regardless of the properties’ location.

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: Page 1, 2. The long-standing blood vendetta conflict between the two sides is completely dismissed. Abiding by the Somali tradition and cultural context, the two communities opened a new chapter for peace. All forms of properties destroyed in the fighting were also dismissed.
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: Transitional justice→Reparations→Material reparations
Page 1, 4. Property captured in the fighting is to be unconditionally returned to its owner on the basis of Sharia law, including vehicles, camels and cattle etc. Note: Military equipment, such as battlewagons and guns, are excluded and are dealt with through a technical settlement.
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: Page 1, 1. The peace agreement is non-negotiable, with no recourse to past events from now onwards.

Page 1, 6. For effective sustainability and implementation of this historic agreement, the two sub-clans agree to establish a joint elders’ council, a joint local police committee and a joint local judiciary committee authorized to extend this agreement in all the respective areas.
Related cases: No specific mention.
Source: Ibrahim Ali Amber ‘Oker’, Community-based Peace Processes in South Central Somalia (ed.) Mark Bradbury (Somalia: The Center for Research and Dialogue & Interpeace, 2008), p. 116

Peace Agreement between the Sa’ad and Saleman sub-clans, Adado, 18 February 2007

The peace agreement is non-negotiable, with no recourse to past events from now onwards.

The long-standing blood vendetta conflict between the two sides is completely dismissed.

Abiding by the Somali tradition and cultural context, the two communities opened a new chapter for peace.

All forms of properties destroyed in the fighting were also dismissed.

Every person is entitled to have access to his/her own property - water pools, houses, plot of land, etc. -

regardless of the properties’ location.

Property captured in the fighting is to be unconditionally returned to its owner on the basis of Sharia law, including vehicles, camels and cattle etc.

Note:

Military equipment, such as battlewagons and guns, are excluded and are dealt with through a technical settlement.

The two sub-clans agree to respect and uphold the peace accord and its authentic implementation.

They agree to practice Sharia and use this as the basis for settling any crime committed.

For effective sustainability and implementation of this historic agreement, the two sub-clans agree to establish a joint elders’ council, a joint local police committee and a joint local judiciary committee authorized to extend this agreement in all the respective areas.