Agreement between the Transitional Federal Government of Somalia and Ahlu Sunna Waljama’a

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Agreement between the Transitional Federal Government of Somalia and Ahlu Sunna Waljama’a
Date: 15 Mar 2010
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: 1. Transitional Federal Government of Somalia (TFG), signed by Sharif Hassen Sheikh Aden
2. Ahlu Sunna Waljama’a (ASWJ), signed by Shiek Mahamoud Yussus Heefaw.
Third parties: This agreement has been signed in the presence of IGAD African Union, UNPOS, League of Arab States and IGAD Partners Forum Representatives.
H.E. Seyoum Mesfin, Minister of firegn Affairs of the FDRE and Chairperson of the IGAD Council of Ministers;
H.E. Dr. Jean Ping, Chairperson of the AU Commission;
H.E. Amb. Ahmedou Oul-dAbdallah, SRSG of the UN for Somalia;
H.E. Stefano A. Dejak, Amb. of Italy to Somalia for IGAD Partners forum;
H.E. Amb. Salim Alkussaibi, Sepcial Envoy of the League of Arab States to Somalia.
Description: Agreement to integrate ASWJ into the structures of Government, and re-committing to the Transitional Federal Charter and the Djibouti Agreement, with a view to consolidating the peace process in an inclusive manner.

Agreement document: SO_100315_ Agreement between Ahlu Sunna - TFG.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: Groups→Religious groups→Substantive
Page 3, article 1, 4. The TFG and ASWJ shall jointly combat extremist ideologies that are alien to Somali values, culture and traditional Islamic practice through, inter alia, the establishment of a National Advisory Council of Ulemas.
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): Governance→Political institutions (new or reformed)→General references
Page 3, Article 1, 1 The TFG has agreed to integrate ASWJ into the structures of the Government; ASWJ, as well, has agreed to join the Government. On the basis of Transitional Federal Charter, both sides agreed to work in unison to make the TFIs effective both at the regional and national levels.

Page 3, article 1, 4. The TFG and ASWJ shall jointly combat extremist ideologies that are alien to Somali values, culture and traditional Islamic practice through, inter alia, the establishment of a National Advisory Council of Ulemas.

Page 5, Article 4 Implementation Committee: The TFG and AS\V) shall, immediately upon the signing of this Agreement, establish a Joint Committee, which shall implement the provisions of this Agreement within one (1) month, with the support of IGAD, the African Union, UNPOS and other partners.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 3, article 1, 4. The TFG and ASWJ shall jointly combat extremist ideologies that are alien to Somali values, culture and traditional Islamic practice through, inter alia, the establishment of a National Advisory Council of Ulemas [Islamic Scholars].
Public administration: Page 3, article 1, 5. The TFG and ASWJ shall, on the basis of the Transitional Federal Charter and the Djibouti Peace process, integrate their administration and security forces without any further delay.

See Political Power Sharing (State-level) for method of integration.

Page 4, Article 3
Integration of ASWJ into TFG

The TFG shall recognize and support administrations established or being established by ASWJ in areas under its control. These administrations shall be part and parcel of the TFG.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Sub-state level
Page 3, Article 1, 1 The TFG has agreed to integrate ASWJ into the structures of the Government; ASWJ, as well, has agreed to join the Government. On the basis of Transitional Federal Charter, both sides agreed to work in unison to make the TFIs effective both at the regional and national levels.

Page 4, Article 3
Integration of ASWJ into TFG

The TFG shall recognize and support administrations established or being established by ASWJ in areas under its control. These administrations shall be part and parcel of the TFG.

ASWJ shall, in areas under its administration, establish local police and militia with the support of the TFG with a view to stabilizing these areas.
Power sharing→Political power sharing→Executive coalition
State level
Sub-state level
Page 4, Article 2
Allocation of Government Positions to ASWJ

ASWJ shall be integrated into the TFG. The TFG shall allocate to the ASWJ government positions as follows:

1. Five (5) Ministers of categories A,B,C;
2. One (1) Minister of State;
3. Five (5) Assistant Ministers of categories A, B, C;
4. Five (5) Directors-General of categories A, B, C;
5. Five (5) Directors of Departments of categories A, B, C;
6. Three (3) Deputy Commanders of the National Armed, Police and Security Forces;
7. Three (3) Ambassadors;
8. Three (3) Consular Officers;
9. Three (3) Commercial Attaches; 10. Three (3) Military Attaches;
and 11. Three (3) Cultural Attaches.
Power sharing→Political power sharing→International involvement
State level
Sub-state level
Page 5, Article 4 Implementation Committee: The TFG and AS\V) shall, immediately upon the signing of this Agreement, establish a Joint Committee, which shall implement the provisions of this Agreement within one (1) month, with the support of IGAD, the African Union, UNPOS and other partners.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 3, article 1, 5. The TFG and ASWJ shall, on the basis of the Transitional Federal Charter and the Djibouti Peace process, integrate their administration and security forces without any further delay.

Page 4, Article 3 Integration of ASWJ into TFG: ASWJ forces shall be an integral part of the TFG forces and be deployed by the central command of the TFG in areas where they can effectively combat extremist and terrorist groups.
Power sharing→Military power sharing→Joint command structures
Page 5, Article 4 Implementation Committee: The TFG and AS\V) shall, immediately upon the signing of this Agreement, establish a Joint Committee, which shall implement the provisions of this Agreement within one (1) month, with the support of IGAD, the African Union, UNPOS and other partners.
Power sharing→Military power sharing→Proportionality
Page 3, article 1, 4. The TFG and ASWJ shall jointly combat extremist ideologies that are alien to Somali values, culture and traditional Islamic practice through, inter alia, the establishment of a National Advisory Council of Ulemas.

Page 4, Article 3
Integration of ASWJ into TFG
...
ASWJ shall, in areas under its administration, establish local police and militia with the support of the TFG with a view to stabilizing these areas.

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: Human rights and equality→Civil and political rights→Equality
Page 3, Article 1, 2. The TFG and ASWJ commit themselves to reach out to all Somali forces that renounce violence and support the Djibouti peace process, and to work tirelessly to make the TFG more inclusive.
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 1, untitled preamble, AWARE of the need for the preservation and promotion of traditional Islamic practice and shared traditional values of the people of Somalia in order to combat foreign extremist and terrorist ideologies and to bring lasting peace and security in the country;
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: Page 1, untitled preamble, AWARE of the need for the preservation and promotion of traditional Islamic practice and shared traditional values of the people of Somalia in order to combat foreign extremist and terrorist ideologies and to bring lasting peace and security in the country;

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, untitled preamble, COGNIZANT of the need to fully integrate into the TFG, the forces and the administrations established or being established by ASWJ;
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: Land, property and environment→Cultural heritage→Promotion
Page 3, article 1, 4. The TFG and ASWJ shall jointly combat extremist ideologies that are alien to Somali values, culture and traditional Islamic practice through, inter alia, the establishment of a National Advisory Council of Ulemas.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, untitled preamble: DETERMINED to pool together all their resources, both human and material, with a view to eradicate the scourge of extremism and terrorism imposed on the people of Somalia by internal and external extremists/terrorist elements and to establish lasting peace and security in the country;

Page 3, article 1, 5. The TFG and ASWJ shall, on the basis of the Transitional Federal Charter and the Djibouti Peace process, integrate their administration and security forces without any further delay.
Ceasefire: No specific mention.
Police: Page 4, Article 3 Integration of ASWJ into TFG: ASWJ shall, in areas under its administration, establish local police and militia with the support of the TFG with a view to stabilizing these areas.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, untitled preamble, RECOGNIZING that ASWJ has demonstrated, in practice, its strong commitment and reliability as a grass roots movement of the Somalia people and a force for peace that stands against the extremist and terrorist groups and makes huge sacrifices;
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: [Summary] Agreement has several provisions on fighting terrorism and religious ideological extremism.

Page 1, untitled preamble, RECOGNIZING that ASWJ has demonstrated, in practice, its strong commitment and reliability as a grass roots movement of the Somalia people and a force for peace that stands against the extremist and terrorist groups and makes huge sacrifices;

Page 1, untitled preamble, AWARE of the need for the preservation and promotion of traditional Islamic practice and shared traditional values of the people of Somalia in order to combat foreign extremist and terrorist ideologies and to bring lasting peace and security in the country;

Page 2, untitled preamble: DETERMINED to pool together all their resources, both human and material, with a view to eradicate the scourge of extremism and terrorism imposed on the people of Somalia by internal and external extremists/terrorist elements and to establish lasting peace and security in the country;

Page 1, Article 1, Objectives
... 3. The TFG and ASWJ pledge their resolve to mobilize the Somali people, both in the country and in the Diaspora, to support the Djibouti peace process and the TFIs and the fight against terrorism and extremism and for the reconstitution of the Somali nation.

Page 4, Article 3 Integration of ASWJ into TFG: ASWJ forces shall be an integral part of the TFG forces and be deployed by the central command of the TFG in areas where they can effectively combat extremist and terrorist groups.

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: No specific mention.
Other international signatory: [Summary] This agreement has been signed in the presence of IGAD African Union, UNPOS, League of Arab States and IGAD Partners Forum Representatives.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN - http://unpos.unmissions.org/Portals/UNPOS/Repository%20UNPOS/100315%20-%20Agreement%20bet%20TFG%20&%20ASWJ.pdf

AGREEMENT BETWEEN THE TRANSITIONAL FEDERAL GOVERNMENT OF SOMALIA AND AHLU SUNNA WALJAMA'A

15 March 2010, Addis Ahaba

The Transitional Federal Government of Somalia (hereinafter referred to as "TFG") and Ahlu Sunna Wal Jama'a (hereinafter referred to as

"ASWJ"):

DETERMINED to pool together ali their resources, both human and material, with a view to eradicate the scourge of extremism and terrorism imposed on the people of Somalia by internal and external extremists/terrorist elements and to establish lasting peace and security in the country;

RECOGNIZING the Transitional Federal Charter of Somalia and the Djibouti Agreement as the sole basis for establishing the political

framework for Somalia and to establish peace and security in the country;

RECALLING their Agreement signed on 21 June 2009 in Nairobi, Kenya;

RECALLING FURTHER the Communique on Somalia of the 34th Extraordinary Session of the IGAD Council of Ministers held in Addis

Ababa, Ethiopia on 30 January 2010;

RECOGNIZING that ASWJ has demonstrated, in practice, its strong commitment and reliability as a grass roots movement of the Somalia

people and a force for peace that stands against the extremist and terrorist groups and makes huge sacrifices;

COGNIZANT of the need to fully integrate into the TFG, the forces and the administrations established or being established by ASWJ;

AWARE of the need for the preservation and promotion of traditional Islamic practice and shared traditional values of the people of Somalia in order to combat foreign extremist and terrorist ideologies and to bring lasting peace and security in the country;

EXPRESSING their appreciation and gratitude to the member states of IGAD for their relentless efforts to bring peace and stability in Somalia;

and also appreciating the efforts of the Government of Ethiopia for facilitating the negotiation process that led to this agreement

HAVE AGREED AS FOLLOWS:

Article 1

Objectives

1 The TFG has agreed to integrate ASWJ into the st:

nıctures of the Government;

ASWJ, as well, has agreed to join the Government.

On the basis of Transitional Federal Charter, both sides agreed to work in unison to make the TFGs effective both at the regional and national levels.

2. The TFG and ASWJ commit themselves to reach out to all Somali forces that renourıce violence and support the Djihouti peace process, and to work tirelessly to make the TFG more inclusive.

3. The TFG and ASWJ pledge their resolve to mohilize the Somali people, hoth in the country and in the Diaspora, to support the Djibouti peace process and the TFis and the fight against terrorism and extremism and for the reconstitution of the Somali nation.

4. The TFG and ASWJ shall jointly comhat extremist ideologies that are alien to Somali values, culture and traditional Islamic practice

through, inter alia, the estahlishment of a National Advisory Council of Ulemas.

5. The TFG and ASWJ shall, on the hasis of the Transitional Federal Charter and the Djihouti Peace process, integrate their administration and security forces without any further delay.

Article 2:

Allocation of Govemment Positions to ASWJ

ASWJ shall be integrated irıto the TFG.

The TFG shall allocate to the ASWJ goverrunent positions as follows:

1. Five (5) Mirıisters of categories A,B,C;

2. One (1) Minister of State;

3. Five (5) Assistant Ministers of categories A, B, C;

4. Five (5) Directors-General of categories A, B, C;

5. Five (5) Directors of Departments of categories A, B, C;

6. Three (3) Deputy Commanders of the National Armed, Police and Security Forces;

7. Three (3) Ambassadors;

8. Three (3) Consular Offıcers;

9. Three (3) Commercial Attaches;

1 O. Three (3) Military Attaches;

and

11. Three (3) Cultural Attaches.

Article 3:

Integration of ASWJ into TFG

The TFG shall recognize and support administrations established or being established by ASWJ in areas under its control.

These

administrations shall be part and parcel of the TFG.

ASJW shall, in areas under its adıninistration, establish local police and militia with the support of the TFG with a view to stabilizing these areas.

ASJW forces shall be an integral part of the TFG forces and be deployed by the central command of the TFG in areas where they can effectively combat extremist and terrorist groups.

Article 4:

Implementation Committee

The TFG and ASJW shall, immediately upon the signing of this Agreement, establish a Joint Committee, which shall implement the provisions of this Agreement within one (1) month, with the support of IGAD, the African Union, UNPOS and other partners.

Article 5:

Entry into Force

1. This agreement enters into force on the date of its signature.

2 This agreement has been signed in the presence of IGAD African Union, UNPOS, League of Arab States and IGAD Partners Forum Representatives.

3. This Agreement shall be implemented by the two sides within a period of thirty (30) days after its signature.

Done in Addis Ababa, Ethiopia on this 15th Day of the Month of March in the Year Two Thousand and Ten.

For the Transitional Federal Government of Somalia

Sharif Hassen Sheik Aden

Deputy Prime Minister and Minister of Finance

For Ahlu Sunna Wal Jama'a

Yussuf Heefaw

Executive Chairman

Witnesses

[See Agreement]