Agreement: An Inclusive Interim Administration for the South West Regions of Somalia (Bay, Bakol and Lower Shabelle)

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Agreement: An Inclusive Interim Administration for the South West Regions of Somalia (Bay, Bakol and Lower Shabelle)
Date: 22 Jun 2014
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local 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/territory
Peace process: Somalia Peace Process
Parties: South West-6 Group (SW6), signed for by Abdifatah Mohamed Ibrahim (Geseey)
South West-3 Group (SW3), signed for by Mohamed Haji Abdinur
Third parties: Somali Federal Government
Description: Agreement to establish a unified Interim Administration in the South West, setting forth terms for designing the roadmap for its creation.

Agreement document: SO_140622_Inclusive_Interim_Administration_SouthWest.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 2, untitled preamble, Respecting fully the unity, sovereignty and the territorial integrity of the Federal Republic of Somalia;
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 3, Art. 9. The FGS will continue to reach out and consult with the community elders and other local stakeholders to ensure that residual issues are addressed in an inclusive and conciliatory manner.
Traditional/religious leaders: Page 3, Art. 9. The FGS will continue to reach out and consult with the community elders and other local stakeholders to ensure that residual issues are addressed in an inclusive and conciliatory manner.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→Other proportionality
Sub-state level
Page 2, Art. 5. The parties agree to establish a technical consisting of 13 members to which each of the two sides will select 5 members while the FGS will appoint 3 members. The technical committee, within 10 days from the date of signing this agreement, will prepare and agree the process and roadmap for the creation of the interim South West Administration.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 2, Art. 1. The two parties, SW6 & SW3, agree to establish a unified administration that shall be called Interim South West Administration, which will include the regions of Bay, Bakol and Lower Shabelle.

Page 2, Art. 4. When appropriate, the FGS will facilitate consultations between Interim Juba Administration and South West Administration with a view to deliberate on mutual concerns and interests
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 2, untitled preamble, Reaffirming the importance of promoting all-inclusive reconciliation, law and order, the delivery of basic services and strengthening governance at district, regional, state and federal levels.
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 2, untitled preamble, Reaffirming the importance of promoting all-inclusive reconciliation, law and order, the delivery of basic services and strengthening governance at district, regional, state and federal levels.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 2, Art. 6. The FGS, in collaboration with the international community, will ensure logistical support for the preparation and establishment of the Interim South West Administration.

Page 3, Art. 10. The international partners are called upon to support and closely follow the process and implementation of this significant agreement and take appropriate measures against any groups or individual who actively undermine peace and state-building process.
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: Page 3, Art. 10. The international partners are called upon to support and closely follow the process and implementation of this significant agreement and take appropriate measures against any groups or individual who actively undermine peace and state-building process.
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 2, untitled preamble, Reaffirming the importance of promoting all-inclusive reconciliation, law and order, the delivery of basic services and strengthening governance at district, regional, state and federal levels.

Page 3, Art. 9. The FGS will continue to reach out and consult with the community elders and other local stakeholders to ensure that residual issues are addressed in an inclusive and conciliatory manner.

Implementation

UN signatory: United Nations Office for Somalia signed as observer.
Other international signatory: Witness: Wondimu Asamnew, Amb. of Ethiopia and current Chair of IGAD.
Guarantor: Ridwan Hirsi Mohamed, Deputy Prime Minister of the Federal Government of Somalia

Observers:
Special Representative for African Union (signed but unintelligible)
Special Envoy of the EU for Somalia (signed but unintelligible)
Special Envoy of IGAD to Somalia (signed but unintelligible)
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_140622_Inclusive_Interim_Administration_SouthWest.pdf

AGREEMENT:

AN INCLUSIVE INTERIM ADMINISTRATION FOR THE SOUTH WEST REGIONS OF SOMALIA (BAY, BAKOL AND LOWER SHABELLE)

In early May, 2014 the Federal Government of Somalia (FGS) hosted in Mogadishu a delegation from the South West-6 Group, hereafter referred to as "SW6", led by Mr Madobe Nunow Mohamed and a delegation from the South West-3 Group, hereafter referred to as "SW3", led by Mr Mohamed Haji Abdinur (Mad-Der).

The FGS, in its invitation to the two groups, aimed to resolve the political crisis between the two parties to facilitate the establishment of an inclusive and viable regional administration for South West Somalia.

The FGS began meeting the two groups on 11 May 2014, and held separate and consecutive meetings with the two sides that culminated in a face-to-face meeting between them where they agreed on the basic Principles, and mechanisms that will be employed to create a South West State administration.

The two sides:

Recognizing the need for a political strategy to realize the establishment of legitimate governance structures based on the aspiration of the people and in accordance with the Pro visional Federal Constitution.

Respecting the Addis Ababa Agreement signed on 27th August 2013, which established the Interim Jubba Administration (IJA).

Reaffirming the importance of promoting a/I-inclusive reconciliation, law and order, the delivery of basic services and strengthening governance at district, regional, state and federal levels.

Respecting fully the unity, sovereignty and the territorial integrity of the Federal Republic of Somalia;

Agreed;

1. The two parties, SVV6 & SW3, agree to establish a unified administration that shall be called Interim South West Administration, which will include the regions of Bay, Bakol and Lower Shabelle.

2. The FGS, in collaboration with regional partners and the international community, will ensure fair representation of all constituencies in the Juba region (Gedo, Lower Juba and Middle Juba) in the institutions of the interim Juba Administration.

3. The FGS will ensure fair representation of all constituencies in the South West (Bay, Bakol and Lower Shabelle) in the institutions of the interim South West Administration.

4. When appropriate, the FGS will facilitate consultations between Interim Juba Adminstration and South West Administration with a view to deliberate on mutual concerns and interests

5. The parties agree to establish a technical consisting of 13 members to which each of the two sides will select 5 members while the FGS will appoint 3 members.

The technical committee, within 10 days from the date of signing this agreement, will prepare and agree the process and roadmap for the creation of the interim South West Administration.

6. The FGS, in collaboration with the international community, will ensure logistical support for the preparation and establishment of the Interim South West Administration.

7. The parties agree to complete the entire process of the establishment of the Interim South west administration within 30 days of signing this agreement.

8. The FGS will ensure thatthe state-building process will be conducted through peaceful means and that any actions that might endanger peace and security will be avoided.

9. The FGS will continue to reach out and consult with the community elders and other local stakeholders to ensure that residual issues are addressed in an inclusive and conciliatory manner,

10. The international partners are called upon to .support and closely follow the process and implementation of this significant agreement and take appropriate measures against any groups or individual who actively undermine peace and state building process.

11. The FGS is responsilÿle for ensuring the implementation and success of this agreement.

Agreed Upon this 22nd June, 2014 in Mogadishu, Somalia

Signed by:

Representative of SW3 Administration, Mr Mohamed Haji Abdinur

Representative of SW6 Administration, Mr Abdifatah Mohamed Ibrahim (Geseey)

Guarantor, Ridwan Hirsi Mohamed Deputy, Deputy Prime Minister, The Federal Government of Somalia

Witness, Wondimu Asamnew, Ambassador of Ethiopia and current Chair of IGAD

Observers:

United Nations Office for Somalia

Special Representative for African Union

Special Envoy of the EU for Somalia

Special Envoy for IGAD Somalia