Protocol Establishing the Signatories Technical Facilitation Committee

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Protocol Establishing the Signatories Technical Facilitation Committee
Date: 22 Jun 2012
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Somalia Peace Process
Parties: President Sheikh Sharif Sheikh Ahmed of the Transitional Federal Government of Somalia; Honourable Sharif Hassan Sheikh Aden, Speaker of the Transitional Federal Parliament; Prime Minister Abdiweli Mohamed Ali; President Abdirahman Mohamed Mohamoud ‘Farole’ of Puntland; President Mohamed Ahmed Alin of Galmudug; and, representatives of Ahlu Sunna Wal Jama’a.
Third parties: The meeting was facilitated by the United Nations under the auspices of the Special Representative of the Secretary-General for Somalia, Ambassador Augustine P. Mahiga.
Description: Agreement establishes the criteria and functions of the Signatories Technical Facilitation Committee, which is primarily to provide support for the constitutional drafting process.

Agreement document: SO_120622_ProtocolFacilitationCommittee.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: Page 2, ARTICLE 2, Establishment of the Signatories Technical Facilitation Committee, 1. The Signatories Technical Facilitation Committee is comprised of 18 persons which shall include women.
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: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, ARTICLE 3, Functions of the Signatories Technical Facilitation Committee, 1. The Signatories Technical Facilitation Committee shall––
(a) Finalize the draft of the new provisional constitution for provisional adoption in accordance with––
(i) The Transitional Federal Charter, as amended by Decree dated June 22, 2012; and
(ii) All directions and agreements reached by the Somali Roadmap Signatories;

(b) Include within the draft provisional constitution a chapter on final and transitional provisions––
(i) A Schedule of Transitional Provisions to give full effect to the Roadmap principles as agreed in the accords referred to in Article 1 (2); and

(ii) any further Articles or provisions as appear necessary or desirable to finish the text as a complete, harmonious statement meeting the criteria set out in paragraph
(a), subject to approval from the Somali Roadmap Signatories;

[...] (c) Advise the Somali Roadmap Signatories on refinements, revisions, insertions or deletions that may be required to perfect the text of the draft provisional constitution;

(d) Ensure that the text of the draft provisional constitution is complete, coherent and internally consistent in every respect before publishing it to the National Constituent Assembly for consideration;

(e) Provide such advice to the National Constituent Assembly and its committees concerning the meaning and interpretation of provisions of the text of the draft provisional constitution as stipulated in the Protocol Establishing the Somali National Constituent Assembly, adopted by the Somali Roadmap Signatories on June 22, 2012;

(f) In consultation with the Legal Committee and the Coordinating Committee of the National Constituent Assembly propose revisions of the text of the draft provisional constitution in any manner required to address issues referred to the Signatories Technical Facilitation Committee by the National Constituent Assembly; and

(g) Prepare and publish the final text of the new constitution, if it has been provisionally approved by the National Constituent Assembly.

2. In carrying out its functions under clause (1) (g), the Signatories Technical Facilitation Committee––
(a) May effect any revisions as may be required to correct patent errors in spelling, punctuation, grammar, numbering, cross-‐references, consistency and usage, internal conflicts, disharmonies and similar errata and infelicities that are apparent on the face of the document; and
(b) Shall publish, with the final text, a list of all such changes that the Signatories Technical Facilitation Committee makes to the text, with a brief explanation of the reason for the change.

3. The Signatories Technical Facilitation Committee shall publish the text of the draft provisional constitution for public review and comment at the time, and in the manner, as may be directed by the Somali Roadmap Signatories from time to time.

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: 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: 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: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
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: 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: No specific mention.

Implementation

UN signatory: The meeting was facilitated by the United Nations under the auspices of the Special Representative of the Secretary-General for Somalia, Ambassador Augustine P. Mahiga
Other international signatory: No specific mention.
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 Peacemaker - http://peacemaker.un.org/; http://peacemaker.un.org/sites/peacemaker.un.org/files/SO_120622_ProtocolFacilitationCommittee.pdf

Protocol Establishing the Signatories Technical Facilitation Committee

Adopted June 22, 2012

The Somali Roadmap Signatories, committed to facilitating the implementation of their previous agreements adopted at Kampala, Mogadishu, Garowe, Galka’yo and Addis Ababa, and carrying out the directions given by Decree of the President on June 22, hereby adopt the following Protocol to establish the Signatories Technical Facilitation Committee referred to in that Decree.

Article 1

This Protocol establishes and sets forth the powers and duties of the Signatories Facilitation Committee.

ARTICLE 2

Establishment of the Signatories Technical Facilitation Committee

The Signatories Technical Facilitation Committee is comprised of 18 persons which shall include women.

If a member of the Signatories Technical Facilitation Committee is unable or unwilling to continue to serve, the Somali Roadmap Signatories shall appoint a replacement member of the Signatories Technical Facilitation Committee.

Each member of the Signatories Technical Facilitation Committee shall––

a. Be a Somali citizen;

b. Be at least 21 years old;

c. Have demonstrated legal skills or comparable experience;

d. Be of good standing and repute in Somali society, as an honest, patriotic, and tolerant citizen who upholds the rights of all Somalis;

e. Have no known history or record of committing serious crimes or crimes against humanity.

ARTICLE 3

Functions of the Signatories Technical Facilitation Committee

1. The Signatories Technical Facilitation Committee shall––

(a) Finalize the draft of the new provisional constitution for provisional adoption

in accordance with––

(i) The Transitional Federal Charter, as amended by Decree dated June 22,

2012;

and

(ii) All directions and agreements reached by the Somali Roadmap

Signatories;

(b) Include within the draft provisional constitution a chapter on final and transitional provisions––

(i) A Schedule of Transitional Provisions to give full effect to the Roadmap principles as agreed in the accords referred to in Article 1 (2);

and

(ii) any further Articles or provisions as appear necessary or desirable to finish the text as a complete, harmonious statement meeting the criteria set out in paragraph (a), subject to approval from the Somali Roadmap Signatories;

(c) Advise the Somali Roadmap Signatories on refinements, revisions, insertions or deletions that may be required to perfect the text of the draft provisional constitution;

(d) Ensure that the text of the draft provisional constitution is complete, coherent and internally consistent in every respect before publishing it to the National Constituent Assembly for consideration;

(e) Provide such advice to the National Constituent Assembly and its committees concerning the meaning and interpretation of provisions of the text of the draft provisional constitution as stipulated in the Protocol Establishing the Somali National Constituent Assembly, adopted by the Somali Roadmap Signatories on June 22, 2012;

(f) In consultation with the Legal Committee and the Coordinating Committee of the National Constituent Assembly propose revisions of the text of the draft provisional constitution in any manner required to address issues referred to the Signatories Technical Facilitation Committee by the National Constituent Assembly;

and

(g) Prepare and publish the final text of the new constitution, if it has been provisionally approved by the National Constituent Assembly.

2. In carrying out its functions under clause (1) (g), the Signatories Technical Facilitation Committee––

(a) May effect any revisions as may be required to correct patent errors in

spelling, punctuation, grammar, numbering, cross-references, consistency and usage, internal conflicts, disharmonies and similar errata and infelicities that are apparent on the face of the document;

and

(b) Shall publish, with the final text, a list of all such changes that the Signatories Technical Facilitation Committee makes to the text, with a brief explanation of the reason for the change.

3. The Signatories Technical Facilitation Committee shall publish the text of the draft provisional constitution for public review and comment at the time, and in the manner, as may be directed by the Somali Roadmap Signatories from time to time.