Decision on the High Level Committee, Djibouti Agreement

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Decision on the High Level Committee, Djibouti Agreement
Date: 25 Nov 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: Framework/substantive - partial
Conflict nature: Government
Peace process: Somalia Peace Process
Parties: Transitional Federal Government signed by Ahmed Abdisalaan Adan; Alliance for the Re-Liberation of Somalia signed by Abdirahman A. Warsame
Third parties: UN Special Representative of the Secretary-General signed by Ahmedou Ould-Abdallah; Minister of Religious Affairs and Waqf, Government of Djibouti.
Description: A short framework agreement for absorbing the ARS into the TFG; discussing the possibility of creating an international court for human rights violations and establishing mechanisms of accountability.

Agreement document: SO_081125_Decision on the High Level Committee Djibouti Agreement.pdf (opens in new tab) | Download PDF

Main category: Page 2, Art. 5, • An intention by the Parties to reach out to those who are outside the process as well as members of the civil society, including women and the business community, and the Diaspora. Seventy-five additional seats in the Parliament will be reserved to that end;

Women, girls and gender

Participation: Participation→Gender quotas
Page 2, Article 5
An intention by the Parties to reach out to those who are outside the process as well as members of the civil society, including women and the business community, and the Diaspora. Seventy-five additional seats in the Parliament will be reserved to that end;
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

Decisions of the High Level Committee

Djibouti Agreement

25 November, 2008

Djibouti

Building on the 26 October 2008 Joint Declaration, and encouraged by the spirit of unity prevailing at the peace talks, the Transitional Federal Government and the Alliance for the Re-liberation of Somalia requested the United Nations Special Representative of the Secretary-General for Somalia, Ahmedou Ould-AbdalJah, to state the following on their behalf:

1. The Parties thank the Somali people for their patience and support, and commend their determination in encouraging sustainable peace.

They commit themselves to redouble their efforts towards achieving this goal on behalf of the people.

2. The Parties welcome the conclusions of the Workshop on Justice and Reconciliation including agreement to possibly establish a Commission of Inquiry and an intemational court to address violations of human rights and intemational law and impunity in their country.

A joint working group has been establislıed to follow up on the preparation of next year's conference on Justice and Reconciliation.

3. The Parties have agreed on a number of guiding principles as a framework to strengthen their commitments on political cooperation - particularly of the establishment of a Unity Govemment and an inclusive Parliament.

4. These include:

• Addressing impunity through the Unity Government;

• Establishing mechanisms that will place priority on ensuring accountability - politically, fınancially and morally - of the Unity

Government and respecting recognized intemational legal instruments.

5. They agreed on the foIIowing proposals:

I • To enlarge the Parliament by an extra 200 seats allocated to the Alliance for the Re-liberation of Somalia;

• An intention by the Parties to reach out to those who are outside the process as well as members ofthe civil society, including women and the business community, and tbe Diaspora.

Seventy-five additional seats in the Parliament will be reserved to that end;

• That the new inclusive Parliament will have the responsibility to elect the new Leadership;

• The principle of responsible sharing of leadersh.ip positions will be adhered to;

• A two-year extension of the Transitional Period;

• All Agreements resulting from the process will be embedded as Aınendments to the Transitional Federal Charter;

• The establishment ofa working group that will engage, under the facilitation ofthe United Nations, on details ofthe Unity structures and to

submit proposals in 30 days to the next session ofthe High Level Committee.

6. The Parties reaffirm their grave concem o ver the recent acts of piracy.

The United Nations Special Representative ofthe Secretary-General for Somalia

[signature]

Ahmed Abdisalaan Adan

Transistional Federal Govemment

Ahmedou Ould-Abdallah

United Nations Special Repr sentative of the Secretary-General

Abdirahman A. Warsame

Alliance for the Re-liberation of Somalia

Witnessed by

Hamud A. Suldao

Minister of Religious Affairs and W AQF

Government of Djibouti