Declaration on Cessation of Hostilities and the Structures and Principles of the Somalia National Reconciliation Process (Eldorat Declaration)

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Declaration on Cessation of Hostilities and the Structures and Principles of the Somalia National Reconciliation Process (Eldorat Declaration)
Date: 27 Oct 2002
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: Transitional National Government, signed for by Hassan Abshir, Prime Minster; Puntland State of Somalia, signed for by Abdullahi Yusuf, President of Puntland State of Somalia; Transitional National Assembly, signed for by Abdalla Derow Isak, Speaker of the Assembly; Somalia Reconciliation and Restoration Council, signed for by Hussein Farah Aideed, Co-Charirman of SRRC; RRA, signed for by Col. Hassan Mohamed Nur 'Shatigudud', Chairman of RRA; USC, signed for by Mohamed Qanyara Afrah, Chairman; HPA, signed for by Col. Hassan Abdulla Qalad, Chairman; SAMO/SRRC Nakuru, signed for by Mowlid Ma'ane Mohamoud, Chairman; USC/SSA/SRRC, signed for by Musa Sudi Yalahow, Chairman; USC/SSA, signed for by Omar Mohamoud Mohamed, Chairman; USC/SNA/SRRC, signed for Osman Hassan Ali 'Atto', Chairman; SNF/SRRC, signed for by Mohamed Sayyid Aden, Chairman; SNF, signed for by Col. Abdifizak Isak Bihi, Chairman; SPM, signed for by Gen. Mohamed Siad Hersi, Deputy Chairman; JVA, signed for by Bare Aden Shire, Chairman; Jowhar Administration, signed for by Mohamed Omar Habeeb 'Dhere', SSNM/BIREM, signed for by Abdullahi Sheikh Ismail, Chairman; SRRC, signed for by Hilowle Imam Omar, Co-Chairman; SSNM/SNA, signed for by Abdulaziz Sheikh Yousuf, Chairman; SPM, signed for by Gen. Aden Abdullahi Nur 'Gabiyow', Chairman; SPM/Nakuru, signed for by Mohamed Aden Wayel, Chairman; Civil Society, signed for by Dr Sharif Salah Mohamed Ali.
Third parties: -
Description: Parties commit to building federal governance structures, a cessation of hostilities, to implement the UN arms embargo on Somalia.

Agreement document: SO_021027_CessationHostilitiesAndStructuresSomaliaNationalReconciliation.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): Page 2, untitled preamble, 'WELCOMING the commitment of the international Community to respect the, Sovereignty. Territorial integrity, political independence and unity of Somalia;
State configuration: Page 3, Article 1 Federalism:
1) To create federal governance structures for Somalia embodied in a Charter or Constitution, which are inclusive, representative, and acceptable to all the parties
2) To endorse the principle of decentralization as an integral part
of Somalia's governance structures.
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: Page 4, Article 3 Enhanced Safe Access for Aid
2) To guarantee the security of all humanitarian and development personnel and installations, including those of the United Nations Agencies, non-governmental organizations, ICRC and donor governments and organizations
3) To ensure that the safe access to aid for all the people of Somalia is enhanced

Page 5, Article 6 Monitoring of the Declaration
1) To invite IGAD, the African Union and the international community ...
2) To support the establishment of enforcement mechanisms for the safe delivery of humanitarian aid and implementation of this declaration and all further agreements reached in the interest of the people of Somalia.

Signatory: Dr. Sharif Salah Mohamed Ali 'On behalf of civil society'
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: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 3, Article 1 Federalism
1) To create federal governance structures for Somalia embodied in a Charter or Constitution,
which are inclusive, representative, and acceptable to all .the parties
2) To endorse the principle of decentralization as an integral part
of Somalia's governance structures ·
3) To ensure the rights, ·representation and protection of all
Somali individuals and groups
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 2, untitled preamble, GUIDED by the common desire of the people of Somalia for
Peace;
AWARE of the prevailing poverty of the Somali people and their humanitarian needs; DESIRING to bring an end to the continuing conflict in
Somalia;
COMMITTED to the improvement of regional security for all Somalis and the regional states;

Page 3, Article 1 Federalism ... 3) To ensure the rights, representation and protection of all Somali individuals and groups
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Life
Article 4
Endorsement of Outcomes of the Peace Process
1) To undertake political negotiations and technical discussions
in good faith and in a spirit of cooperation during each phase of
the Somalia National Reconciliation Process
2) To abide by the conclusions resulting from the Somalia
National Reconciliation Process
Socio-economic rights: Human rights and equality→Socio-economic rights→Adequate standard of living
Page 4, Article 3 Enhanced Safe Access for Aid
1) To respect the rights of the people of Somalia to receive humanitarian assistance

Rights related issues

Citizenship: No specific mention.
Democracy: Page 3, Article 1 Federalism ... 3) To ensure the rights, representation and protection of all Somali individuals and groups
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 4, Article 3 Enhanced Safe Access for Aid
2) To guarantee the security of all humanitarian and development personnel and installations, including those of the United Nations Agencies, non-governmental organizations, ICRC and donor governments and organizations
3) To ensure that the safe access to aid for all the people of Somalia is enhanced

Page 5, Article 6 Monitoring of the Declaration
1) To invite IGAD, the African Union and the international community ...
2) To support the establishment of enforcement mechanisms for the safe delivery of humanitarian aid and implementation of this declaration and all further agreements reached in the interest of the people of Somalia.
Protection measures: Rights related issues→Protection measures→Protection of civilians
Page 3, Article 1 Federalism ... 3) To ensure the rights, representation and protection of all Somali individuals and groups
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, untitled preamble,
AWARE of the prevailing poverty of the Somali people and their humanitarian needs;
... (page 3) ACKNOWLEDGING that the Somali authorities have the primary responsibility for ensuring the wellbeing of civilians in Somalia;
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 5, Article 6 Monitoring of the Declaration
1) To invite IGAD, the African Union and the international community to support and monitor the implementation of this declaration and all farther agreements reached
2) To support the establishment of enforcement mechanisms for the safe delivery of humanitarian aid and implementation of this declaration and all further agreements reached in the interest of the people of Somalia.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 5, Article 5, Combating Terrorism
1) To combat all forms of terrorism, and to cooperate with the international community in the fight against terrorism pursuant to UN Security Council Resolution 1373 of 2002
2) To prevent the use of Somali territory as a base for any terrorist activities
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 3, Article 2, Cessation of Hostilities
1) To abstain from the conduct of hostilities in Somalia from 27 October 2002 and to maintain this state of affairs during the peace process, its implementation and subsequently
Police: No specific mention.
Armed forces: Page 3, Article 2, Cessation of Hostilities
3) To ensure that all political, militia and other groups maintain only defensive military positions and capabilities, and refrain from any military provocations
DDR: Security sector→DDR→Demilitarisation provisions
Page 3, Article 2, Cessation of Hostilities
4) To implement fully the United Nations Arms Embargo for Somalia (UN Security Council Resolution 733 of 1992)
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 3, Article 2, Cessation of Hostilities
3) To ensure that all political, militia and other groups maintain only defensive military positions and capabilities, and refrain from any military provocations
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 5, Article 5, Combating Terrorism
1) To combat all forms of terrorism, and to cooperate with the international community in the fight against terrorism pursuant to UN Security Council Resolution 1373 of 2002
2) To prevent the use of Somali territory as a base for any terrorist activities

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: PAge 3, APPRECIATING further the efforts of the International
Community in promoting national reconciliation in Somalia;

Page 4-5, Article 4, Endorsement of Outcomes of the Peace Process:
1) To undertake political negotiations and technical discussions in good faith and in a spirit of cooperation during each phase of the Somalia National Reconciliation Process
2) To abide by the conclusions resulting from the Somalia National Reconciliation Process
3) To implement all the resolutions of the Process in good faith and in a timely way

Implementation

UN signatory: UN Representative of the Secretary General for Somalia signed as witness.
Other international signatory: Hon. E.W. Mwangale, EGH, Special Envoy for Somalia.
Witnesses: IGAD, Djibouti ambassador to Somalia, Ethiopian Special Envoy for Somalia. In the presence of Special Envoy of Italy, League of Arab States, Egypt, US Ambassador to Kenya, EU and European Commission delegation to Kenya, UNSRSG for Somalia
Referendum for agreement: No specific mention.
International mission/force/similar: Page 3, Article 2, Cessation of Hostilities ...
5) To invite the international community to undertake field based and remote monitoring of the arms-embargo, and to guarantee their representatives unimpeded and safe access
Enforcement mechanism: Page 5, Article 6, Monitoring of the Declaration
1) To invite IGAD, the African Union and the international community to support and monitor the implementation of this declaration and all farther agreements reached
2) To support the establishment of enforcement mechanisms for the safe delivery of humanitarian aid and implementation of this declaration and all further agreements reached in the interest of the people of Somalia.
Related cases: No specific mention.
Source: UN Peacemaker - http://peacemaker.un.org/; http://peacemaker.un.org/sites/peacemaker.un.org/files/SO_021027_CessationHostilitiesAndStructuresSomaliaNationalReconciliation.pdf

Note verbale dated 11 December 2002 from the Permanent Mission of Kenya to the United Nations addressed to the President of the Security Council

The Kenya Mission to the United Nations presents its compliments to the President of the Security Council and has the honour to request that the Declaration on Cessation of Hostilities and the Structures and Principles of the Somalia National Reconciliation Process, which was signed in Eldoret, Kenya, on Sunday, 27 October 2002, be issued as a document of the Security Council (see annex).

S/2002/1359

Annex to the note verbale dated 11 December 2002 from the Permanent Mission of Kenya to the United Nations addressed to the President of the Security Council

Somalia National Reconciliation Process Eldoret, Kenya

Declaration on Cessation of Hostilities and the Structures and Principles of the Somalia National Reconciliation Process

WE the undersigned,

GUIDED by the common desire of the people xtf Somalia for peace;

AWARE of the prevailing poverty of the Somali people and their humanitarian needs;

DESIRING to bring an end to the continuing conflict in Somalia;

COMMITTED to the improvement of regional security for all Somalis and the regional states;

WELCOMING the commitment of the international community to respect the sovereignty, territorial integrity, political independence and unity of Somalia;

APPRECIATING the leading role of the IGAD Frontline Slates (Djibouti, Ethiopia and Kenya) hi this process;

APPRECIATING further the efforts of the international community in promoting national reconciliation in Somalia;

ACKNOWLEDGING that the Somali authorities have the primary responsibility for ensuring the well being of civilians in Somalia;

HEREBY SOLEMNLY UNDERTAKE the following commitments:

Article 1 Federalism

1) To create federal governance structures for Somalia, embodied in a Charter or Constitution, which are inclusive, representative, and acceptable to all the parties

2) To endorse the principle of decentralization as an integral part of Somalia's governance structures

3) To ensure the rights, representation and protection of all Somali individuals and groups

Article 2

Cessation of Hostilities

1) To abstain from the conduct of hostilities in Somalia from 27 October 2002 and to maintain this state of affairs during the peace process, its implementation and subsequently

2) To use only peaceful means in the resolution of all disputes between political, military and other groups and the communities they represent

3) To ensure that all political, military and other groups maintain only defensive military positions and capabilities, and refrain from any military provocations

4) To implement folly the United Nations Arms Embargo for Somalia (UN Security Council Resolution 733 of 1992)

5) To invite the international community to undertake field- based and remote monitoring of the arms-embargo, and to guarantee their representatives unimpeded and safe access

Article 3

Enhanced Safe Access for Aid

1) To respect the rights of the people of Somalia to receive humanitarian assistance

2) To guarantee the security of all humanitarian and development personnel and installations, including those of the United Nations Agencies, non-governmental organizations, ICRC and donor governments and organizations

3) To ensure that the safe access to aid for all the people of Somalia is enhanced

Article 4

Endorsement of Outcomes of the Peace Process

1) To undertake political negotiations and technical discussions in good faith and in a spirit of cooperation during each phase of the Somalia National Reconciliation Process

2) To abide by the conclusions resulting from the Somalia National Reconciliation Process

3) To implement all the resolutions of the Process in good faith and in a timely way

Article 5

Combating Terrorism

1) To combat all forms of terrorism, and to cooperate with the international community in the fight against terrorism pursuant to UN Security Council Resolution 1373 of 2002

2) To prevent the use of Somali territory as a base for any terrorist activities

Articled

Monitoring of the Declnration

1) To invite IGAD, the African Union and the international community to support and monitor the implementation of this declaration and all farther agreements reached

2) To support the establishment of enforcement mechanisms for the safe delivery of humanitarian aid and implementation of this declaration and all further agreements reached in the interest of the people of Somalia.

OONE at Eldoret, Kenya, on Sunday, 27 October 2002.

SIGNED by:

Hassan Abshif

Prime Minister of Transitional National Government

Abdallah

Speaker of the Transitional National Assembly

Col. Hassan Mohamed Nur

Abdullahi Yusuf

President of Puntland State of Somalia

Hussein Farah Aideed Co-Chairmari of Somalia Reconciliation and Restoration Council (SRRC)

Motiamed Qanyare [...] Chair

Mowlid Ma'ane Moharaoud Chairman, SAMO/SRRC Nakuni

Omar MehUnioud Mohsfmed

Mohamed [...] Chairman of SNF/SRRC

Mohamed Siad Hersi Morgan, Deputy SPM Chairman

[...], Chairman of RRA

Col. Hassan Abdulla Qalad Chairman of HPA

[...], USC/SSA/SRRC

[...], Chairman of USC/SNA/SRRC Nakuru

Col. Abd Mzak [...], Chairman of SNF

Bare Aden Shire Chairman of JVA

Xbdullahi Sheikh Ismail Chairman of SSNM/BIRBM"

AbduIazizSneikirYousuf Chairman of SSNM/SNA

Mohamed Aden "Wayel CliainnanSPM/Nakiini .

Mohamed Omar Habeeb 'Dhcre' Chairman of JowharAdministration

Hilowle Imam Or Co-Chairman

[...], SPM

Dr. Sharif Salah Mohamed [...] On Behalf of Civil Society

WITNESSED by:

H.E. Hon.

Elijah W. Mwangale,

H.E. President Daniel arap Moi's Special Envoy for Somalia and Chairman pf the IQAD Technical Committfe

Dr. Atalla Al-Bashir Executive Secretary of iGAD

'Abdulaziz Ahmed Special Envoy of tthe Federal Democratic Republic of Ethiopia for Somalia

[...] Goulal Boudine

Ambassador of the Republic of Djibouti to Somalia

IN THE PRESENCE of:

Amb. Carlo Ungaro

Special Envoy of Italy (Chair of GAD Partners Forum for Somalia)

Amb. Mostafa Khedre Deputy Assistant Minster for Foreign Affairs of the Arab Republic of Egypt

[...]

Huropean Unwin and European Commission Delegation in Kenya

[...]

Special Envoy of the Arab League

Mr. Glenn Warren

Embassy of the United States in Kenya

Amb. Winston [...]

UN Representative of the Secretary General for Somalia