Agreement between the President of the Transitional Federal Government of Somalia and the Speaker of the Transitional Federal Parliament (The Kampala Accord)

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Agreement between the President of the Transitional Federal Government of Somalia and the Speaker of the Transitional Federal Parliament (The Kampala Accord)
Date: 9 Jun 2011
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
Peace process: Somalia Peace Process
Parties: The President of the Transitional Federal Government and The Speaker of the Transitional Federal Parliament met in Kampala, Uganda under the auspices of His Excellency President Yoweri Kaguta Museveni and the facilitation of the Special Representative of the United Nations Ambassador Augustine P. Mahiga.
Third parties: Page 1, Para 2, The meeting was held 'under the auspices of His Excellency President Yoweri Kaguta Museveni and the facilitation of the Special Representative of the United Nations Ambassador Augustine P. Mahiga'

Page 1, para 3, 'All parties were cognisant of the counsel from the United Nations Security Council in their meeting of the 25th May 2011 to reach an agreement on ending the transitional phase. Cognisant of the counsel of the ICG Meeting of June 3rd, 2011. Cognisant of the concerns of the Troop Contributing Countries not to squander significant military progress and the readiness by the Regional Heads of State (IGAD and EAC with the participation of the United Nations (UNPOS) and the African Union) to oversee and monitor and guide and agreement by the Transitional Federal Institutions on bringing an end [to] the Transitional Phase on 20 August, 2011 and thereafter bringing in a new dispensation.'
Description: Agreement sets forth a timetable for political appointments, elections, and external review of institutional performance, re-committing to the Transitional Federal Charter and the Djibouti Agreement.

Agreement document: SO_110609_Kampala Accord (signed).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, 1. Recognizing the Transitional Federal Charter as the basis for the legitimacy of all Transitional Federal Institutions.
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): Governance→Political institutions (new or reformed)→General references
Page 2, 4, 1. In its oversight role, Parliament should facilitate the smooth functioning of government business in Parliament. Each branch of the TFPs will operate within the confines of its respective mandate to ensure harmonious and complimentary working relations. Government will initiate needed legislation in a timely manner and Parliament shall consider and act on proposed and pending legislation expeditiously.

Page 2, 4i. The new Government and Parliament will work closely with each other through joint committees and their respective mandates to complete important priority tasks, including on security, Parliamentary reforms, constitution-making process, preparation for elections, and greater political outreach.
Elections: Page 1, 4. The parties meeting in Kampala agreed to the following para meters:
a. We agree to defer elections of the President and the Speaker and his deputies for twelve months after August, 2011 in order to adequately prepare and complete priority transitional tasks.
b. Elections for President and Speaker of Parliament will have to take place prior to August 20, 2012.

Page 2, 4. i. The new Government and Parliament will work closely with each other through joint committees and their respective mandates to complete important priority tasks, including on security, Parliamentary reforms, constitution-making process, preparation for elections, and greater political outreach.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 4. i. The new Government and Parliament will work closely with each other through joint committees and their respective mandates to complete important priority tasks, including on security, Parliamentary reforms, constitution-making process, preparation for elections, and greater political outreach.

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
State level
Page 2, 4. c. Within thirty days of the signing of this Agreement, the Prime Minister will resign from his position; and the President will appoint a new Prime Minister.
d. Parliament will endorse the new Prime Minister within 14 days of the submission of the PM Nominee by the Office of the President.
e. The New Prime Minister will appoint his cabinet within 30 days of his approval and submit it to President.
f. Parliament will endorse the new cabinet within 14 days of the submission of the cabinet list by the Office of the President.
g. While ensuring the new government reflects the 4.5 formula for power sharing. These appointments will be done in the spirit of collaboration and mutual confidence between the leaders of the TPs in accordance with their respective mandates.
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 2, 4. g. While ensuring the new government reflects the 4.5 formula for power sharing. These appointments will be done in the spirit of collaboration and mutual confidence between the leaders of the TPs in accordance with their respective mandates.
Power sharing→Political power sharing→Form of 'veto' or communal majority
State level
Page 2, 4. k. The government should also not be subjected to motions unless that motion has been justified and substantia ted with strong evidence of a breach of the TFC.
Power sharing→Political power sharing→International involvement
State level
Page 2, 4m. Both Government and Parliament shall work together with the international community to establish a roadmap with bench marks, timelines and compliance mechanisms for the implementation of the priority task. Details of the mechanisms to be agreed by 20 August 2011.

Page 2, 4n. The Heads of State of the Region (IGAD and EAC) shall constitute a Political Bureau with participation of the UN (UNPOS) and the AU, similar to the Burundi Regional Peace Initiative. The Bureau shall oversee and monitor compliance of the TFls with agreed benchmarks and timelines to implement the transitional tasks and to advance the Somali Peace Process.
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 2, 4. j. Both Government and Parliament will endeavor to create an environment to that is conducive to a cooperative working relationship and shall refrain from media recrimination, threat of impeachment of the President, Speaker and two deputy speakers of Parliament, and the dismissal of Parliament.
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: Page 2, i. The new Government and Parliament will work closely with each other through joint committees and their respective mandates to complete important priority tasks, including on security, Parliamentary reforms, constitution-making process, preparation for elections, and greater political outreach.

Page 3, 5. The parties agreed that support for the current military operations and completion of the rebuilding of the Security forces are fundamental to the success of the transitional period and agreed that a reformed Joint Security Committee will sit permanently in Mogadishu.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 3, 5. The parties agreed that support for the current military operations and completion of the rebuilding of the Security forces are fundamental to the success of the transitional period and agreed that a reformed Joint Security Committee will sit permanently in Mogadishu.
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: Page 3, 7. All parties to this agreement agreed to the creation of a new Anti-Corruption Commission to safeguard the public wealth.
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: Witnessed by His Excellency President Yoweri Kaguta Museveni and the facilitation of the Special Representative of the United Nations Ambassador Augustine P. Mahiga.
Other international signatory: Witnessed by His Excellency President Yoweri Kaguta Museveni (also Guarantor) and by the Special Representative of the United Nations Ambassador Augustine P. Mahiga.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, 4o. The international partners and the Regional Bureau reserve the right to evoke appropriate measures with consequences to ensure compliance with the benchmarks and timelines by the TFls including the application of appropriate sanctions against spoilers.

p. A mid-term review of performance of the TFls to take place in six month's time.
...
9. HE President Yoweri Museveni of Uganda will Guarantee the implementation of this agreement and sign below as a witness .
Related cases: No specific mention.
Source: UNPOS http://unpos.unmissions.org/Portals/UNPOS/Repository%20UNPOS/110609%20-%20Kampala%20Accord%20(signed).pdf

AGREEMENT BETWEEN THE PRESIDENT OF THE TRANSITIONAL FEDERAL GOVERNMENT OF SOMALIA AND THE SPEAKER OF THE TRANSITIONAL FEDERAL PARLIAMENT OF SOMALIA MADE IN KAMPALA ON 9TH JUNE 2011 (THE KAMPALA ACCORD)

1. Recognizing the Transitional Federal Charter as the basis for the legitimacy of all Transitional Federal lnstitutions.

2. The President of the Transitional Federal Government and The Speaker of the Transitional Federal Parliament met in Kampala Uganda under the auspices of His Excellency President Yoweri Kaguta Museveni and the facilitation of the Special Representative of the Secretary General of the United Nations Ambassador Augustine P. Mahiga to address the issues and agree the way forward on bringing to an end the

transition in a spirit of cooperation and harmony in accordance with the Djibouti Agreement and in line with the Transitional Federal Charter.

3. All parties were cognisant of the counsel from the United Nations Security Council in their meeting of the 25th May 2011 to reach an agreement on ending the transitional phase.

Cognisant of the counsel of the ICG Meeting of June 3rd, 2011.

Cognisant of the concerns of the Troop Contributing Countries not to squander significant military progress and the readiness by the Regional Heads of State (IGAD and EAC with the participation of the United Nations (UNPOS) and the African Union) to oversee and monitor and guide any agreement by the Transitional Federal lnstitutions on bringing to an end the Transitional Phase on 20th August, 2011 and thereafter bringing in a new dispensation.

4. The parties meeting in Kampala agreed to the following parameters:

a. We agree to defer elections of the President and the Speaker and his deputies for twelve months after August, 2011 in order to adequately prepare and complete priority transitional tasks.

b. Elections for President and Speaker of Parliament will have to take place prior to August 20, 2012.

c. Within thirty days of the signing of this Agreement, the Prime Minister will resign from his position;

and the President will appoint a new Prime Minister.

d. Parliament will endorse the new Prime Minister within 14 days of the submission of the PM Nominee by the Office of the President.

e. The New Prime Minister will appoint his cabinet within 30 days of his approval and submit it to President.

f. Parliament will endorse the new cabinet within 14 days of the submission of the cabinet list by the Office of the President.

g. While ensuring the new government reflects the 4.5 formula for power sharing.

These appointments will be done in the spirit of collaboration and mutual confidence between the leaders of the TFis in accordance with their respective mandates.

h. All Ministers are to possess the education, experience and integrity to discharge their ministerial duties.

i. The new Government and Parliament will work closely with each other through joint committees and their respective mandates to complete important priority tasks, including on security, Parliamentary reforms, constitution-making process, preparation for elections, and greater political outreach.

j. Both Government and Parliament will endeavour to create an environment to that is conducive to a cooperative working relationship and shall refrain from media recrimination, threats of impeachment of the President, Speaker and two deputy speakers of Parliament, and the dismissal of Parliament.

k. The government should also not be subjected to motions unless that motion has been justified and substantiated with strong evidence of a breach of the TFC.

l. ln its oversight role, Parliament should facilitate the smooth functioning of government business in Parliament.

Each branch of the TFis will operate within the confines of its respective mandate to ensure harmonious and complimentary working relations.

Govemment will initiate needed legislation in a timely manner and Parliament shall consider and act on proposed and pending legislation expeditiously.

m. Both Government and Parliament shall work together with the international community to establish a roadmap with benchmarks, timelines and compliance mechanisms for the implementation of the priority task.

Details of the mechanisms to be agreed by 20 August 2011.

n. The Heads of State of the Region (IGAD and EAC) shall constitute a Political Bureau with participation of the UN (UNPOS) and the AU, similar to the Burundi Regional Peace Initiative.

The Bureau shall oversee and monitor compliance of the TFls with agreed benchmarks and timelines to implement the transitional tasks and to advance the Somali Peace Process.

o. The intemational partners and the Regional Bureau reserve the right to evoke appropriate measures with consequences to ensure compliance with the benchmarks and timelines by the TFls including the application of appropriate sanctions against spoilers.

p. A mid-term review of performance of the TFls to take place in six months time.

q. The international community shall undertake commitment to provide timely support for these efforts in line with agreed benchmarks and timelines.

r. The planned Mogadishu Conference will be convened by the TFG and TFP and facilitated by the SRSG to be held ata mutually agreed date as soon as possible.

5. The parties agreed that support for the current military operations and completion of the rebuilding of the Security forces are fundamental to the success of the transitional period and agreed that a reformed Joint Security Committee will sit permanently in Mogadishu.

6. All parties to this agreement should seek the support and reach out to all tl1e Somali stakeholders.

7. All parties to this agreement agreed to the creation of a new Anti-Corruption Commission to safeguard the public wealth.

8. We invite the international community and the regional actors to guarantee this political undertaking.

The parties to this agreement will seek the support and reach out to all Somali stakeholders.

9. HE President Yoweri Museveni of Uganda will Guarantee the implementation of this agreement and sign below as a witness.

10. This Agreement will come into effect when signed.

Signed this day 9'" June 2011 by:

HE Sharif Sheikh Ahmed

President of the Transitional Federal Government

H.E. Museveni

President of the Republic of Uganda

Hon Shariff Hassan Sheikh Aden

Speaker of the Transitional Federal Parliament

Winessed by:

Special Representative of the Secretary

General of the United Nations