Modalities for Implementation of Cessation of Armed Confrontation (Djibouti Agreement)

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Modalities for Implementation of Cessation of Armed Confrontation (Djibouti Agreement)
Date: 26 Oct 2008
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: Ceasefire/related
Conflict nature: Government
Peace process: Somalia Peace Process
Parties: Transitional Federal Government; Alliance for the Re-liberation of Somalia
Third parties: UN, AU
Description: A ceasefire agreement between the ARS and TFG providing for the creation of a police force and the redeployment of Ethiopian troops.

Agreement document: SO_081026_ModalitiesforImplementationofCessationofArmedConfrontation.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: Page 2, IV. RESPONSIBILITIES
10. The Joint Security Committee shall operate to protect humanitarian assistance and access.
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, I. CESSATION OF HOSTILITIES AND RAISING OF AWARENESS:
1. To stop waging hostile campaign against each other by using the media both in
the country and abroad
Mobility/access: Page 2, IV. RESPONSIBILITIES
10. The Joint Security Committee shall operate to protect humanitarian assistance and access.
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 2, IV. RESPONSIBILITIES
10. The Joint Security Committee shall operate to protect humanitarian assistance and access.
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: Page 2, IV. RESPONSIBILITIES
11. The military technical details of these modalities will be developed within a period of 10 days from the signing of this agreement
Ceasefire: Security sector→Ceasefire→Ceasefire provision
[summary] Agreement provides provisions for a ceasefire between ARS and TFG (general ceasefire in Article 9) coming into effect on 5 November 2008; deployment of security in Mogadishu (AMISOM)

Page 2, IV. RESPONSIBILITIES
9. Effective 10 November 2008, plus 15 days, the Joint Security Committee and its Subcommittees shall operate from Somalia to implement the general ceasefire.
Police: Page 2, IV. RESPONSIBILITIES
8. In the first phase, the TFG and ARS, shall prepare a police force of 10,000 to maintain peace and security in Mogadishu and other regions. UNPOS is requested to cover the financial needs of the force starting 5 November 2008.
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: Page 1, III.RELOCATION OF ETHIOPIAN TROOPS
5. Starting 21 November 2008, the Ethiopian troops will relocate from areas of the cities of Beledweyn and Mogadishu such as Tawfiq, Mogadishu Stadium, pasta factory, Heyle Barise and Headquarters of the Ministry of Defence.

... 7. The second phase of Ethiopian troop withdrawal should be completed within 120 days in accordance with the 19 August 2008 Djibouti Agreement.
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: UN representative signed as witness.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, II .CEASEFIRE
4. Initial troops to restore peace and security in Mogadishu and other areas will be ready within a period of 45 days, renewable, starting 10 November 2008.

III.RELOCATION OF ETHIOPIAN TROOPS
6. To avoid a security vacuum in the areas vacated by Ethiopian Forces, security will initially be the responsibility of AMISOM troops with the assistance of TFG and ARS security forces, until the deployment of UN Forces.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker - http://peacemaker.un.org/; http://peacemaker.un.org/sites/peacemaker.un.org/files/SO_081026_ModalitiesforImplementationofCessationofArmedConfrontation.pdf

MODALITIES FOR THE IMPLEMENTATION OF THE CESSATION OF ARMED CONFRONTATION

26 OCTOBER 2008

PREAMBLE:

Pursuant to tbe 19 August 2008 Djibouti Agreement;

effective 26 October 2008, the parties, TFG and ARS, have decided:

I. CESSATION OF HOSTILITIES AND RAISING OF AWARENESS

1. To stop waging hostile campaign against each other by using the media both in the country and abroad

2. To call on supporters of the two parties and the Somali population to adhere and d J support tbis cessation of amıed confrontation for tlıc interest of Somalia

II. CEASEFIRE

3. Effective 26 October 2008, ceasefire observance has been announced.

It will become effective 5 November 2008.

4. Initial troops to restore peace and security in Mogadishu and otber areas will be ready within a period of 45 days, renewable, starting 10 November 2008.

III. RELOCATION OF ETHIOPIAN TROOPS

5. Starting 21 Novembcr 2008, the Ethiopian troops will relocate from areas of the cities of Beledweyn and Mogadishu such as Towfıq, Mogadishu Stadium, pasta factory, Heyle Barise and Headquarters ofthe Ministry of Defence.

6. To avoid a security vacuum in the areas vacated by Ethiopian Forces, security will initially be the responsibility of AMISOM troops with the assistance of TFG and ARS security forces, until the deployment of UN Forces.

7. The second phAse of Ethiopian troop withdrawal should be completed within 120 days in accorclance with the 19 August 2008 Djibouti Agreement.

lV. RESPONSIBILITIES

8. In the first phase, the TFG and ARS, shall prepare a police force of 10,000 to maintain peace and security in Mogadishu and other regions.

UNPOS is requested to cover the fınancial needs ofthe force starting S November 2008.

9. Effective 10 November 2008, plus 15 days, the Joint Security Committee and its Subcommittees shall operate from Somalia to implement the general ceasefıre.

10. The Joint Security Committee shall operate to protect huınanitarian assistance and access.

1 1. The military technical details of these cnodalities will be developed within a period of 10 days from the signing ofthis agreement.

Transitional Federal Government of the Federation of Somalia

Witnessed by

United Nations

African Union