Declaration by the Leaders of the Somali Political Organisations

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Declaration by the Leaders of the Somali Political Organisations
Date: 24 Mar 1994
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: Ali Mahda Mohamed (Group of 12)
Mohamed Farah Hassan Aidid (SNA)
Third parties: -
Description: Short preliminary agreement touching on a range of issues, including agreeing to meet to discuss the criteria for participation in a national reconciliation conference, restore peace, form local authorities, establish an independent judiciary and establish a ceasefire.

Agreement document: SO_940324_DeclarationbyLeadersofSomaliPoliticalOrganizations.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 1, 1. Following the informal consultations in Nairobi, from 11 to 23 March 1994, the political leaders of Somalia have reached an understanding based on the following principles:

(a) Inviolability of the territorial integrity and sovereignty of the Somali Republic;
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)→Temporary new institutions
Page 1, Article 2, (c) In order to restore the sovereignty of the Somali State, a National Reconciliation Conference should be convened on 15 May 1994 to elect a President and Vice-Presidents (the number to be determined) and to appoint a Prime Minister;
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 1, Article 1, (d) Creation of an atmosphere conducive to brotherly coexistence among all Somalis, using traditional channels, cultural and political means;
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Local/municipal government
Page 1, Article 2, (d) To complete and review the formation of local authorities, where needed, and establish them, where necessary, as a basis for regional autonomy and respect for community rights;
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Article 1, (c) Respect for and preservation of fundamental human rights and democratic principles;

Page 1, 2. In specific terms, the leaders have agreed to implement the following: (a) To restore peace throughout Somalia, giving priority wherever conflicts exist;

Page 1, Article 2, (d) To complete and review the formation of local authorities, where needed, and establish them, where necessary, as a basis for regional autonomy and respect for community rights;
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: Page 1, Article 1, (c) Respect for and preservation of fundamental human rights and democratic principles;
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: Page 1, Article 2, (f) To establish an independent judiciary.
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: Page 3 of pdf, Page 21 of the document bundle
The Somali leaders wish to express their gratitude to the international community, particularly the United Nations, aid donor countries and countries of the region, for their valuable assistance and to request the continuation of these efforts until Somalia stands on its own feet.
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: Security sector→Ceasefire→Ceasefire provision
Page 1, Article 1, (b) Repudiation of any form of violence as a means of resolving conflicts and implementation of cease-fire and voluntary disarmament throughout Somalia;
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1, Article 1, (b) Repudiation of any form of violence as a means of resolving conflicts and implementation of cease-fire and voluntary disarmament throughout Somalia;
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Article 2, (e) To urge SNM to attend the above and all national reconciliation conferences, meetings and consultations;
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: Page 1, Article 1, (e) Rehabilitation and reconstruction of the country to recover from the devastation of the civil war.
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, Article 2, (b) To hold a meeting of the signatory factions of the Addis Ababa peace agreement and the Somali National Movement (SNM) on 15 April 1994 in Mogadishu to set up rules and procedures of voting and criteria of participation in the National Reconciliation Conference. The meeting will also discuss the ways and the modalities to establish the National Legislative Assembly, which will be formed after the formation of the National Government;

Page 1, Article 1, (d) Creation of an atmosphere conducive to brotherly coexistence among all Somalis, using traditional channels, cultural and political means;

Page 1, Article 2, (c) In order to restore the sovereignty of the Somali State, a National Reconciliation Conference should be convened on 15 May 1994 to elect a President and Vice-Presidents (the number to be determined) and to appoint a Prime Minister;

Page 1, Article 2, (e) To urge SNM to attend the above and all national reconciliation conferences, meetings and consultations;

Implementation

UN signatory: No specific mention.
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_940324_DeclarationbyLeadersofSomaliPoliticalOrganizations.pdf

Annex I

DECLARATION BY THE LEADERS OF THE SOMALI POLITICAL ORGANIZATIONS

General principles

1. Following the informal consultations in Nairobi, from 11 to 23 March 1994, the political leaders of Somalia have reached an understanding based on the following principles:

(a) Inviolability of the territorial integrity and sovereignty of the Somali Republic;

(b) Repudiation of any form of violence as a means of resolving conflicts and implementation of cease-fire and voluntary disarmament throughout Somalia;

(d) Creation of an atmosphere conducive to brotherly coexistence among all Somalis, using traditional channels, cultural and political means;

(e) Rehabilitation and reconstruction of the country to recover from the devastation of the civil war.

2. In specific terms, the leaders have agreed to implement the following:

(a) To restore peace throughout Somalia, giving priority wherever conflicts exist;

(b) To hold a meeting of the signatory factions of the Addis Ababa peace agreement and the Somali National Movement (SNM) on 15 April 1994 in Mogadishu to set up rules and procedures of voting and criteria of participation in the National Reconciliation Conference.

The meeting will also discuss the ways and the modalities to establish the National Legislative Assembly, which will be formed after the formation of the National Government;

(c) In order to restore the sovereignty of the Somali State, a National Reconciliation Conference should be convened on 15 May 1994 to elect a President and Vice-Presidents (the number to be determined) and to appoint a Prime Minister;

(d) To complete and review the formation of local authorities, where needed, and establish them, where necessary, as a basis for regional autonomy and respect for community rights;

(e) To urge SNM to attend the above and all national reconciliation conferences, meetings and consultations;

(f) To establish an independent judiciary.

Appeal to the international community

The Somali leaders wish to express their gratitude to the international community, particularly the United Nations, aid donor countries and countries of the region, for their valuable assistance and to request the continuation of these efforts until Somalia stands on its own feet.

Signed this 24th day of March 1994 on behalf of the Group of 12 and the

Somali National Alliance:

(Signed) Ali Mahdi MOHAMED (Signed) Mohamed Farah Hassan AIDID Group of 12 (SNA)