Agreement between the Federal Government of Somalia and Puntland State of Somalia

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Country/entity: Somalia
Puntland
Region: Africa (excl MENA)
Agreement name: Agreement between the Federal Government of Somalia and Puntland State of Somalia
Date: 14 Oct 2014
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: 1. Federal Government of Somalia
2. Puntland State of Somalia
Third parties: -
Description: Agreement between Federal Government and State-level authorities to resume relations and cooperate on ongoing state-building processes, and defining the terms of the relationship.

Agreement document: SO_141014_FGS_Puntland.pdf (opens in new tab) | Download PDF
Agreement document (original language): SO_141014_FGS_Puntland_SO.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 3, 1. Constitution and Federalism; 8. Federal Government Appointments, The two parties agree that the appointments of Federal Government positions such as officers of the armed forces, civil servants, members of the independent commissions and diplomats etc. shall be done fairly with the view of adequate representation of 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: Page 1, 1. Constitution and Federalism; 1.3. Formation of Federal Member States:
• The formation of Federal Member States shall be in accordance with the Federal Constitution.
• The parties agree that the interim administration of the central state facilitated by FGS shall consist of Galgaduud and southern Mudug. Likewise, Northern Mudug is an integral part of Puntland State.
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: Page 3, 1. Constitution and Federalism; 8. Federal Government Appointments, The two parties agree that the appointments of Federal Government positions such as officers of the armed forces, civil servants, members of the independent commissions and diplomats etc. shall be done fairly with the view of adequate representation of women.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, 1.2. Completion and Implementation of Federal Constitution: The two parties agree that the completion and implementation of the federal constitution shall be done according to Chapter 15 of the Provisional Federal Constitution.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 1, 1. Constitution and Federalism; 1.1. Concerns on changes of the Federal Constitution: The Federal Government of Somalia acknowledges the concerns raised by the Puntland government about changes to the Federal Constitution. The two parties agree that the issue will be referred to the Federal parliament and the parliament of Puntland. The Federal Government will facilitate this process.

Page 1, 1. Constitution and Federalism; 1.3. Formation of Federal Member States:
• The formation of Federal Member States shall be in accordance with the Federal Constitution.
• The parties agree that the interim administration of the central state facilitated by FGS shall consist of Galgaduud and southern Mudug. Likewise, Northern Mudug is an integral part of Puntland State.

Page 2, 1. Constitution and Federalism, 3. Consultations between the Federal Government of Somalia and the Government of Puntland on issues pertaining to international agreements on development: The two parties agree to engage in consultation on issues related to international agreements on development as stipulated in Article 53 of the Federal Constitution.

4. Sharing International Aid and Assistance Received in the Name of Somalia: The two parties agree to ensure fair distribution of aid and assistance received in the name of Somalia.
Economic power sharing: Power sharing→Economic power sharing→Fiscal federalism
Page 1, 6. Recovered National Assets
The two parties agree that all recovered assets shall be shared fairly and shall ensure that the recovery process is transparent.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: 10. Fostering Good Relationship between the Federal Government of Somalia and the Government of Puntland; The two parties agree to implement the best practices approach articulated in article 1 of the agreement of March 11, 2013 which reads as follows:
1.3. To implement all agreements between Puntland and the Transitional Federal Governments of Somalia, so long as they do not contradict the Constitution.
1.4. To respect and implement the Federal Constitution.
1.5. To stop and prevent anything that can harm the relations and cooperation between the two sides and to resolve any grievances through dialogue.
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: Page 2, 1. Constitution and Federalism, 5. Vision 2016
• The two parties agree that there have been inadequate consultations on the implementation of Vision 2016.
• The two parties agree to engage in a dialogue on Vision 2016 in order to overcome the existing challenges.
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: Land, property and environment→Land reform/rights→Property return and restitution
Page 3, 9. Restitutions of Property
The two parties agreed that restitution of property shall be implemented as per article 6 section 6.1 of the agreement signed on March 11, 2013 which states the following:
"The two sides agreed that the Federal Government of Somalia to accelerate the process of returning private properties [to its rightful owners] in order to achieve a real reconciliation, while appointing an independent national commission with powers to implement decisions."
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 4, 1. Constitution and Federalism, 12. This agreement ends any misunderstanding between the two parties and ushers a new era of collaboration and cooperation, to further advance the ongoing state building processes at national and state levels and to address security matters.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 1-2, 1. Constitution and Federalism, 1.4. Building of Inclusive National Army: The two parties agree that the building of an inclusive national army shall be conducted according to Garowe agreement of 11 March, 2013 signed by H. E. Prime Minister Abdi Farah Shirdon and H.E. President Abdirahman Sheikh Mohamed Mohamud Faroole which reads as follows "to build a balanced and integrated national army that is recruited from all regions and districts of the country."

Page 3, 1. Constitution and Federalism; 8. Federal Government Appointments, The two parties agree that the appointments of Federal Government positions such as officers of the armed forces, civil servants, members of the independent commissions and diplomats etc. shall be done fairly with the view of adequate representation of women.
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 2, 1. Constitution and Federalism,
6. Recovered National Assets
The two parties agree that all recovered assets shall be shared fairly and shall ensure that the recovery process is transparent.
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: Transitional justice→Reparations→Material reparations
Page 3, 9. Restitutions of Property
The two parties agreed that restitution of property shall be implemented as per article 6 section 6.1 of the agreement signed on March 11, 2013 which states the following:
"The two sides agreed that the Federal Government of Somalia to accelerate the process of returning private properties [to its rightful owners] in order to achieve a real reconciliation, while appointing an independent national commission with powers to implement decisions."
Reconciliation: No specific mention.

Implementation

UN signatory: UN Special Representative of the Secretary-General for Somalia [Amb. Nicholas Kay] signed as witness.
Other international signatory: Intergovernmental Authority on Development (IGAD) Envoy to Somalia [Amb. Mohamed Abdi Afew], EU Special Envoy to Somalia [Michele Cervone d'Urso], and Ambassador of Ethiopia to Somalia/current IGAD Chairman [Amb. Wondimu Asamnew] signed as witnesses.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, 1. Constitution and Federalism, 2. Previous Agreements
• In view of the lack of implementation of previous agreements, the two parties agreed to establish a joint committee for implementing all previous agreements including this agreement with the active participation of the relevant institutions.
Related cases: No specific mention.
Source: UN Peacemaker - http://peacemaker.un.org/; http://peacemaker.un.org/sites/peacemaker.un.org/files/SO_141014_FGS_Puntland.pdf

AGREEMENT BETWEEN THE FEDERAL GOVERNMENT OF SOMALIA AND PUNTLAND STATE OF SOMALIA

Garowe, 14 October, 2014

Preamble:

A delegation from the Federal Government of Somalia (FGS) led by the Prime Minister, H.E. Abdiweli Sheikh Ahmed, paid a working visit to Puntland State of Somalia, from the 10th to the 14th of October, 2014.

Following detail talks on many of the standing issues, the two parties agreed on the following:

1. Constitution and Federalism

1.1. Concerns on changes of the Federal Constitution:

The Federal Government of Somalia acknowledges the concerns raised by the Puntland government about changes to the Federal Constitution.

The two parties agree that the issue will be referred to the Federal parliament and the parliament of Puntland.

The Federal Government will facilitate this process.

1.2. Completion and Implementation of Federal Constitution:

The two parties agree that the completion and implementation of the federal constitution shall be done according to Chapter 15 of the Provisional Federal Constitution.

1.3. Formation of Federal Member States:

The formation of Federal Member States shall be in accordance with the Federal

Constitution.

The parties agree that the interim administration of the central state facilitated by FGS shall consist of Galgaduud and southern Mudug.

Likewise, Northern Mudug is an integral part of Puntland State.

1.4. Building of Inclusive National Army:

The two parties agree that the bUilding of an inclusive national army shall be conducted according to Garowe agreement of 11 March, 2013 signed by H. E. Prime Minister Abdi Farah Shirdon and H.E. President Abdirahman Sheikh Mohamed Mohamud Faroole which reads as follows "to build a balanced and integrated national army that is recruited from all regions and districts of the country."

2. Previous Agreements

The two parties agree that the previous agreements between the FGS and the Government of Puntland are binding and shall be implemented according to the latest agreement of 2013 signed by H.E. the Prime Minister Abdi Farah Shirdon and the Government of Puntland.

In view of the lack of implementation of previous agreements, the two parties agreed to establish a joint committee for implementing all previous agreements including this agreement with the active participation of the relevant institutions.

3. Consultations between the Federal Government of Somalia and the development

Government of Puntland on issues pertaining to international agreements on

The two parties agree to engage in consultation on issues related to international agreements on development as stipulated in Article 53 of the Federal Constitution.

4. Sharing International Aid and Assistance Received in the Name of Somalia:

The two parties agree to ensure fair distribution of aid and assistance received in

the name of Somalia.

5. Vision 2016

• The two parties agree that there have been inadequate consultations on the implementation of Vision 2016.

• The two parties agree to engage in a dialogue on Vision 2016 in order to overcome the existing challenges.

6. Recovered National Assets

The two parties agree that all recovered assets shall be shared fairly and shall

ensure that the recovery process is transparent.

7. Recognition of Puntland Secondary School Certificate:

The Puntland secondary school certificate shail be in form and format equivalent to the one issued by the Ministry of Education of the Federal Government

The said certificate shail clearly show the Somali National emblem and the name of the Federal Government of Somalia.

Likewise.

it shall have the name of Puntland State and that of the Ministry of Education and Higher Education of Puntland.

The Federal Government of Somalia recognizes the certificate of Puntland cited

in this agreement as per above.

The FGS shail officially write to the Government of Sudan and any other parties of interest.

clarifying that the FGS recognizes the centralized examinations administered by Puntland.

8. Federal Government Appointments

The two parties agree that the appointments of Federal Government positions such as officers of the armed forces, civil servants.

members of the independent commissions and diplomats etc.

shail be done fairly with the view of adequate representation of women.

9. Restitutions of Property

The two parties agreed that restitution of property shail be implemented as per article 6 section 6.1 of the agreement signed on March 11, 2013 which states the following:

"The two sides agreed that the Federat Government of Somalia to accelerate the process of returning private properties [to its rightful owners] in order to achieve a real reconciliation, while appointing an independent national commission with powers to implement decisions."

10. Fostering Good Relationship between the Federal Government of Somalia and the Government of Puntland

The two parties agree to implement the best practices approach articulated In article 1 of the agreement of March 11, 2013 which reads as follows:

1.1. To improve the relations and dialogue between the senior leaders of the two governments, to exchange visits and to respect state protocols.

1.2. To encourage cooperation between various institutions of Puntland and the Federal Government.

1.3. To implement all agreements between Puntland and the Transitional Federal Governments of Somalia, so long as they do not contradict the Constitution.

1.4. To respect and implement the Federal Constitution.

1.5. To stop and prevent anything that can harm the relations and cooperation between the two sides and to resolve any grievances through dialogue.

11. Issues and Agenda Items Tabled by Puntland and not addressed in this Agreement

The two parties agreed that issues and agenda items tabled by Puntland and not addressed in this agreement are deferred to future talks between the parties.

12. This agreement ends any misunderstanding between the two parties and ushers a new era of collaboration and cooperation, to further advance the ongoing state building processes at national and state levels and to address security matters.

Agreement Signatories:

Abdiweli Sheikh Ahmed

Prime Minister of the Federal Government of Somalia

Dr. Abdiweli Mohamed Ali

President of PunUand State of Somalia

Witnesses:

Mahad Abdalle Awad

Speaker of the Federal Parliament of Somalia.

Speaker of Parliament Puntland State of Somalia

Said Hassan Shire

Ambassador Nicholas Kay

UN Special Representative of the Secretary-General for Somalia

Ambassador Mohamed Abdi Afey IGAD's envoy to Somalia

Ambassador Michele Cervone d'Urso

EU Envoy to Somalia

Ambassador Wondimu Asamnew

Ambassador of Ethiopia to Somalia and current IGAD Chairman