Agreement between the Transitional Federal Government of Somalia (TFG) and the Alliance for the Re-Liberation of Somalia (ARS) (Djibouti Agreement)

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Agreement between the Transitional Federal Government of Somalia (TFG) and the Alliance for the Re-Liberation of Somalia (ARS) (Djibouti Agreement)
Date: 18 Aug 2008
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: Pre-negotiation/process
Conflict nature: Government
Peace process: Somalia Peace Process
Parties: The Transitional Federal Government (TFG) of Somalia and the Alliance for Re liberation of Somalia (ARS)
Third parties: UN
Description: A short agreement confirming the integration of the Alliance for Re liberation of Somalia (ARS) (formerly a wing of the Islamic Courts Union) into the Transition Federal Government. Agreement provides for a ceasefire, UN monitoring, and political cooperation between the two parties.

Agreement document: SO_080818_Djibouti Agreement.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 1, 4. The Parties noted that:
a. Over the past eighteen years, Somalia has suffered massive human losses, insecurity and vast destruction of its physical infrastructure and other vital public investments. A whole generation of young people and adults has been sacrificed or denied education and development;
Disabled persons: No specific mention.
Elderly/age: Groups→Elderly/age→Rhetorical
Page 1, 4. The Parties noted that:
a. Over the past eighteen years, Somalia has suffered massive human losses, insecurity and vast destruction of its physical infrastructure and other vital public investments. A whole generation of young people and adults has been sacrificed or denied education and development;
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, 5. Decided to: a. Reaffirm the dignity, sovereignty and the territorial integrity 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 2, Art. 8. To ensure the effective implementation of this Agreement, the Parties agree to:
a. Undertake all necessary measures to ensure unhindered humanitarian access and assistance to affected populations;
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

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: Page 1, Art. 3 The primary requirement of this Agreement is to: ensure the cessation of all armed confrontation and a political settlement for a durable peace; promote a peaceful environment; avoid a security vacuum; facilitate the protection of the population and the unhindered delivery of humanitarian assistance and call for the convening of a reconstruction and development conference.

Page 1, Art. 4b, The human and humanitarian situation is continuously deteriorating. At the same time, the country's international image and standing have been seriously undermined;
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, Art. 8, b. Refrain from declarations and actions inconsistent with the peaceful spirit of this Agreement;
Mobility/access: Page 2, Art. 8. To ensure the effective implementation of this Agreement, the Parties agree to:
a. Undertake all necessary measures to ensure unhindered humanitarian access and assistance to affected populations;
Protection measures: Rights related issues→Protection measures→Protection of civilians
Page 1, Art. 3 The primary requirement of this Agreement is to: ensure the cessation of all armed confrontation and a political settlement for a durable peace; promote a peaceful environment; avoid a security vacuum; facilitate the protection of the population and the unhindered delivery of humanitarian assistance and call for the convening of a reconstruction and development conference.
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 1, Art. 3 The primary requirement of this Agreement is to: ... facilitate the protection of the population and the unhindered delivery of humanitarian assistance and call for the convening of a reconstruction and development conference.

Page 1, Art. 4. The Parties noted that:
a. Over the past eighteen years, Somalia has suffered massive human losses, insecurity and vast destruction of its physical infrastructure and other vital public investments. A whole generation of young people and adults has been sacrificed or denied education and development;
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 3, Art. 11, The Parties call on the international community to help provide the adequate resources for the implementation and follow-up of this Agreement.
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 1, Art. 3 The primary requirement of this Agreement is to: ensure the cessation of all armed confrontation and a political settlement for a durable peace; promote a peaceful environment; avoid a security vacuum;
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, Art. 3. The primary requirement of this Agreement is to: ensure the cessation of all armed confrontation and a political settlement for a durable peace;

Page 2, Art. 6. Agreed on:
a. The termination of all acts of armed confrontation by the Alliance for the Re liberation of Somalia (ARS) and its allies and by the Transitional Federal Government (TFG) and its allies;

b. The cessation of armed confrontation shall come into force thirty (30) days from the signing of this agreement throughout the national territory;

c. The cessation of armed confrontation is approved for an initial period of ninety
(90) days, renewable.
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 2, Art. 7, c. The ARS shall, through a solemn public statement, cease and condemn all acts of armed violence in Somalia and dissociate itself from any armed groups or individuals that do not adhere to the terms of this Agreement.
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 1, Art. 2, The Parties gave their respective analyses of the 18 year old crisis and made proposals aimed at restoring trust, confidence and at ending the conflict.

Implementation

UN signatory: Signed by UN Representative.
Other international signatory: France, UK, African Union, League of Arab States, EU, OIC, Djibouti, Kingdom of Saudi Arabia,
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, 7. The Parties agreed from the date of coming into effect of this Agreement:
a. To request the United Nations, consistent with UN Security Council Resolution 1814 and within a period of one hundred and twenty days (120) days, to authorize and deploy an international stabilization force from countries that are friends of Somalia excluding neighboring states;
Enforcement mechanism: Page 2, Art. 8, c. Establish a Joint Security Committee to follow up the implementation of security arrangements within fifteen (15) days of the signing of this Agreement. The composition and mandate of this Committee, chaired by the UN, shall be adopted within the same period.

Art. 9, A High Level Committee, chaired by the UN, should be established within fifteen
(15) days of the signing of this Agreement to follow up on issues relating to the political cooperation between the Parties and concerns over justice and reconciliation. These issues will be discussed at a conference to be organized by 30 July 2008.
Related cases: No specific mention.
Source: UN Peacemaker - http://peacemaker.un.org/, http://peacemaker.un.org/sites/peacemaker.un.org/files/SO_081026_JointDeclarationforReconciliationandPoliticalCooperation.pdf

In the name of Allah, the most beneficent and the most merciful

Agreement between the Transitional Federal Government of Somalia (TFG) and The Alliance for the Re-Liberation of Somalia (ARS)

1. the Transitional Federal Government (TFG) of Somalia and the Alliance for Re-liberation of Somalia (ARS) attending a meeting from 31 May to 9 June 2008 in Djibouti, faciliated by the UN.

They are hereafter referred to as "the parties".

2. The Parties gave their respective analyses of the 18 year old crisis and made proposals aimed at restoring trust, confidence and at ending the conflict.

Their discussion led to the present agreement.

3. The primary requirement of this Agreement is to:

ensure the cessation of all armed confrontation and a political settlement for a durable peace;

promote a peaceful environment;

avoid a security vacuum;

facilitate the protection of the population and the unhindered delivery of humanitarian assistance and call for the convening of a reconstruction and development conference.

4. The Parties noted that:

a. Over the past eighteen years, Somalia has suffered massive human losses, insecurity and vast destruction of its physical infrastructure and other vital public investments.

A whole generation of young people and adults has been sacrificed or denied education and development;

b. The human and humanitarian situation is continuously deteriorating.

At the same time, the country's international image and standing have been seriously undermined.

c. This tragic situation, and the fact that eighteen years of war and conflict have brought neither durable peace nor stability and inspired by patriotic and religious examples of compromise.

5. Decided to;

a. Reaffirmed the dignity, sovereignty and the territorial integrity of Somalia;

b. Take courageous measures to finally bring this situation to an end and resolve the crisis through peaceful means.

6. Agreed on:

a. The termination of all acts of armed confrontation by the Alliance for the Re-liberation of Somalia (ARS) and its allies and by the Transitional Federal Government (TFG) and its allies;

b. The cessation of armed confrontation shall come into force thirty (30) days from the signing of this agreement throughout the national territory.

c. The cessation of armed confrontation is approved for an initial period of ninety (90) days, renewable.

7. The Parties agreed from the date of coming into effect of this Agreement:

a. To request the United Nations, consistent with UN Security Council Resolution 1814 and within a period of one hundred and twenty days (120), to authorize and deploy an international stabilization force from countries that are friends of Somalia excluding neighbouring states;

b. Within a period of 120 days of the sighting of this agreement the TFG will act in accordance with the decision that has already been taken by the Ethiopian Government to withdraw its troops from Somalia after the deployment of a sufficient number of UN Forces;

c. The ARS shall, through a solemn public statement, crease and condemn all acts of armed violence in Somalia and dissociate itself from any armed groups or individual that do not adhere to the terms of this Agreement.

8. To ensure the effective implementation of this Agreement, the Parties agreed to:

a. Undertake all necessary measures to ensure unhindered humanitarian access and assistance to affected population.

b. Refrain from declarations and actions inconsistent with the peaceful spirit of this agreement;

c. Establish a Joint Security Committee to follow up the implementation of security arrangements within fifteen (15) days of the signing of this agreement.

The composition and mandate of this committee, chaired by the UN, shall be adopted within the same period.

9. A High-level committee, chaired by the UN, should be established within fifteen (15) days of the signing of this Agreement to follow up on issues related to the political cooperation between the parties and concerns over justice and reconciliation.

These issues will be discussed at a conference to be organised by 30 July 2008.

10. The Parties will work with all other relevant Somali stakeholders to ensure the full and effective implementation of this agreement.

11. The parties call on the international community to help provide the adequate resources for the implementation and follow-up of this Agreement.

The Parties also considered it a priority to convene within the next six (6) months an international conference aimed at addressing Somalia's Reconstruction and Development.

Djibouti

9 June 2008

(19 August 2008)

[Signatures from the following]

Transitional Federal Government

Alliance for Re-liberation of Somalia

United Nations

Observer states

France;

United Kingdom;

United States;

Kingdom of Saudi Arabia;

Djibouti;

African Union;

League of Arab States;

Organisation of Islamic Conference;

European Union