Final Communique of the 2nd Round of Talks between the Transitional Federal Government and the Islamic Courts

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Final Communique of the 2nd Round of Talks between the Transitional Federal Government and the Islamic Courts
Date: 4 Sep 2006
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: Pre-negotiation/process
Conflict nature: Government
Peace process: Somalia Peace Process
Parties: Transitional Federal Government, signed for by Dr Abdullahi Sheikh Ismail; Islamic Courts Union, signed for by Dr Ibrahim Hassan Adow
Third parties: Witnesses: Dr Lam Akol Ajawin, Sudan Foreign Minister and Amb. Dr Salah Abdirisak Halima, Adviser of the SG of the Arab League

Present: UN, OIC, IGAD
Description: Agreement incorporates non-state factions into the police and national army to involve; parties also agree on a agenda for third round of talks and the agreement goes on to provide for an implementation mechanism with heavy international involvement.

Agreement document: SO_060904_Final Communiqué of the 2nd Round of Talks between the TFG and the Islamic Courts.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 1, Art. 5, The two sides should honour the unity and the nationhood of the Somali people
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: Page 1, Art 6, The two sides should honour the will of the Somali people wherever they are.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 1, The Two sides agreed the following:
...
Article 7, The remaining aspects of this agreement including discussions on political, power-sharing and security issues would be deliberated on the 3rd round of the talks.
Power sharing→Political power sharing→International involvement
State level
Page 1, Art. 9, The two sides agree on the formation of a technical committee consisting of the Arab League Presidency — Sudan, Arab League General Secretariat, Arab League Committee on Somalia and others from the Transitional Federal Government and Union of the Islamic Courts.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 1, Art 2. To reconstitute the Somali National army and the national police force and work towards reintegration of the forces of the Islamic Courts, the TFG and other armed militias in the country. This will be realised through an agreed framework that will be in place during the agreement on the political programme.

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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, ... To ascertain the aspirations of the Somali people in attaining peace,
stability and reconstruction, the talks has been conducted in a mutual and brotherly atmosphere...
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: Page 1, Art 2. To reconstitute the Somali National army and the national police force and work towards reintegration of the forces of the Islamic Courts, the TFG and other armed militias in the country. This will be realised through an agreed framework that will be in place during the agreement on the political programme.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Art. 4, The two sides should refrain from helping, rearming and encouraging warlords

~

Page 1, Art 2. To reconstitute the Somali National army and me national police force and work towards reintegration of the forces of the Islamic Courts, the TFG and other armed militias in the country. This will be realised through an agreed framework that will be in place during the agreement on the political programme.

...Art. 4, The two sides should refrain from helping, rearming and encouraging warlords
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: Page 1, Art. 3. The two sides agreed to practise the principles of good neighbourlihood and peaceful co-existence between Somalia and its neighbouring countries as well as non-interference of each others affairs so as to create conducive atmosphere to build understanding and confidence.

Implementation

UN signatory: UN present at meeting
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, Art. 7. parties agree that polticial, power-sharing and secirty issues would be deliberated in 3rd round of talks. 8. parties agree to institutie a joint committee that would follow-up the agmt and at the same time exchange visits to build confidence and mutual collaboration. 9. The two sides agreed formation of a technical committee consisting of the Arab League Presicency- Sudan, AL General Secretariat, AL Committee on Somalia and other from both parties. 10. Two sides agree to meeting for third phase of talks on Oct 30, 2006.
Related cases: No specific mention.
Source: UN Peacemaker - http://peacemaker.un.org/; http://peacemaker.un.org/sites/peacemaker.un.org/files/SO_060904_Final%20Communiqu%C3%A9%20of%20the%202nd%20Round%20of%20Talks%20between%20the%20TFG%20and%20the%20Islamic%20Courts.pdf

Final Communique of the 2nd Round of Talks held for the Delegation of the Transitional Federal Government and Islamic Courts by the League of Arab States Committee on Somalia

Khartoum, 02-04th September 2006

On the 2-4th September 2006, second round of talks for the delegation of the Transiitonal Federal Government and Islamic Courts was held in Khartoum to the 1st round that was convened in Khartoum on 22nd June 2006.

To Ascertain the aspirations of the Somali people in attaining peace, stability and reconstruction, the talks has been conducted in a mutual and brotherly atmosphere.

The two sides agreed to the following:

1. To honour and implement provisions of the agreement signed jointly in Khartoum-Sudan on 22nd June 2006

2. To reconstitute the Somali National army and the national police force and work towards reintegration of the forces of the Islamic Courts, the TFG and other armed militias in the country.

This will be realised through an agreed framework that will be in place during the agreement on the political programme.

3. The two sides agreed to practise the principles of good neighbourliness and peaceful co-existence between Somalia and its neighbouring countries as well as non-interference of each others affairs so as to create conducive atmosphere to build understanding and confidence.

4. The two sides should refrain from helding, rearming and encouraging warlords.

5. The two sides should honour the unity and the nationhood of the Somali people.

6. The two sides should honour the will of the Somali people wherever they are.

7. The remaining aspects of this agreement including discussions on political, power-sharing and security issues would be deliberate on the 3rd round of the talks.

8. Institute a joint committee that would follow-up the agreement and at the sametime exchange visits to build confidence and mutual collaboration.

9. The two sides agreed formation of a technical committee consisting of the Arab League Presidency - Sudan, Arab League General Secretariat, Arab League Committee on Somalia and other from the Transitional Federal Government and Union of the Islamic Courts.

10. The two sides agreed to meet again in Khartoum-Sudan for the 3rd phase of the talks on 30th October 2006

11. Present at the meeting were:

United Nations, Organisation of the Islamic Conference (OIC), the European Union, African Union and Intergovernmental Authority on Development (IGAD).

It was also agreed that the above stated organisations would participate in the upcoming meetings that would discuss aforementioned issues

12. The two sides expressed their gratitudes to the people and the government of Sudan as well as President Omar Hassan al-Bashir for hosting the talks and at the sametime reaffirmed their commitment in pursuance of measures to ascertain the aspiration of the Somali people.

Dr. Abdullahi Shiekh Ismail, 1st Deputy Prime Minister of the Transitional Federal Government

Dr. Ibrahim Hassan Adow, Head of the ICU Delegation

Signed as Witness:

Dr. Lam Akol Ajawin, Sudan Foreign Minister

Amb. Dr. Salah Abdirisak Halima, Advisor to the Secretary General of the Arab League

Done in Khartoum, Tuesday 04th September 2006.