Consultative Meeting of the Somali Signatories of the Process for Ending the Transition
Addis Ababa — The Somali signatories of the process for ending the transition held a consultative meeting in The African Union Headquarters, from May 21 to May 23, 2012.
The meeting was hosted by the African Union and facilitated by the Office of the UN Special Representative for Somalia (UNPOS).
The meeting was attended by the signatories of the process for ending the transition, including HE Sheikh Sharif Sheikh Ahmed, President of the Transitional Federal Government (TFG); HE Sharif Hassan Sheikh Aden, Speaker of the Transitional Federal Parliament (TFP), HE Dr. Abdiweli Mohamed Ali, Prime Minister of TFG; HE Abdirahman Mohamed Mohamud (Farole), President of Puntland State; HE Mohamed Ahmed Aalim President of Galmudug State; Khaliif Abdulkadir Moallim Noor, Representative of Ahlu Sunnah Wal-Jama’a (ASWJ) and the UN Special Representative for Somalia (SRSG) Amb. Augustine Mahiga.
The Signatories of the Roadmap have today received final draft copies of the Draft Constitution which was subjected to a constitutional review by a technical committee. They harmonized and incorporated the written submissions of the signatories into the final Draft Constitution
Considering the current political situation in Somalia as well as the need to urgently and fully implement the Roadmap to End the Transition based on the principles agreed upon in the Garowe I and II and Galka’yo consultations, the Somali signatories discussed at length the modalities of implementing the above- mentioned principles and agreements.
The Signatories took into account that the Transitional Federal Parliament in its current state is unable to pass the required amendments to the Transitional Federal Charter and necessary legislation to end the transition and enact the subsequent legislation required to allow the constitutional process to proceed. This comes at a time when the final preparations to table the Draft Constitution for provisional adoption are underway and the transition end date is three months away-20 August 2012.
Consequently, the Signatories of the process for ending the transition resolved to advance the process in consultation with the recognized Somali Traditional Leaders (Duubab), in accordance with Somali customary law, and have agreed:
1. To recommend that the President of the TFG provide, through a presidential decree, a legal basis to steer the constitutional process towards the adoption stage and to end the transition.
2. To consequently convene a National Constituent Assembly as soon as is practicable, pursuant to Article 1 (g) of the Garowe I Principles. The signatories have agreed that the selection of National Constituent Assembly (NCA) delegates shall be finalized no later than 20th of June 2012 and the New Federal Parliament (NFP) members no later than 15th of July 2012.
3. To facilitate the implementation of the Garowe I and II, and Galka’yo agreements and the clauses above, by adopting:
a. A Protocol Establishing the Constituent Assembly and the New Federal Parliament.
c. A Protocol Establishing the Technical Selection Committee (TSC)
d. A Protocol Authorizing the Finalization of the Provisional Constitution with the Incorporation of the Harmonized Submissions of the Signatories to constitute the final draft for presentation to the National Constituent Assembly (NCA)
4. That the TSC will assist the recognized Traditional Leaders (Duubab) to ensure that the nominees of the NCA and NFP comply with the criteria set out in Garowe II. The TSC will support the NCA in management and dispute resolution. It is agreed to amend Article 5 of the Galkayo Agreement 26 March 2012, to revise the size and composition of the TSC. It is hereby agreed that the TSC will be made up of 27 Somali members, 2 members from UNPOS and 7 International Observers. The Somali members shall be selected by the Somali signatories on the basis of the 4.5 formula.
5. To amend Article 3 (e)(i) of the Garowe II Principles of 17 February 2012, regarding the nomination process for New Federal Parliament. The Traditional Leaders shall be required to nominate one candidate for every seat instead of two. This is reflected in the Protocol Establishing the Constituent Assembly.
6. To establish an Arbitration Board of the Traditional Leaders (Duubab) no later than 26th of May 2012 to resolve any disputes that may occur regarding the validation of the Traditional Elders. The Arbitration Board will consist of 25 Traditional Leaders, 5 from each Clan to resolve any issues or disputes arising from their respective Clans.
7. To recognize that the continuing responsibility for completing the process of ending the transition and implementing the principles of Garowe I & II and Galka’yo lies specifically with the signatories of the process for ending the transition.
8. To establish a RoadMap Signatories Coordination Office in Mogadishu to ensure effective communication and information sharing.
9. Bearing in mind that the process to end the Transition shall end on 20 August 2012, the signatories agree to the following updated timelines in order to give direction to all stakeholders.
26th May 2012 Arbitration Board of the Traditional Leaders shall be established
1st Jun 2012 Technical Selection Committee (TSC) established
20th Jun 2012- TSC publishes the finalized (and fully vetted) list of NCA delegates.
30th Jun 2012 Selected NCA members to be present in Mogadishu; Copies of draft constitution to be received by the NCA delegates
2nd Jul 2012 NCA convened – Opening ceremony
10th Jul 2012 Provisional Constitution adopted
15th Jul 2012 TSC publishes finalized and fully vetted list of New Federal Parliament (NFP)
20th Jul 2012 New Federal Parliament members sworn in
4th Aug 2012 Election of Speaker and Deputy Speakers by NFP
20th Aug 2012 Election of President by the NFP
10.To recommend that the President approves the National Security and Stabilization Plan 2011 – 2014 (NSSP) through a presidential decree, mindful of the urgency to institute a wholly Somali owned national security sector and given the fact that the current Parliament is unable to table a motion on this matter.
11.To urge the TFG and the International Community to lend support to Puntland and Galmudug and ASWJ-controlled areas with respect to the urgent security needs of these regions stemming from the Al Shabbab’s spillover northwards up to the Golis Mountains and piracy.
12. To urge the international community to provide in a timely manner, political good offices, facilitation and financial support for the process to end the transition and to that end, lift the arms embargo as appropriate.
13.To emphasize that no delay or obstruction will be accepted by the Somali people or the International Community, and spoilers will be identified and named, and appropriate joint action by Somali and International stakeholders will be taken against them.
14.To encourage regional states and organizations -AU, IGAD, League of Arab States and OIC, to continue providing support for this process.
15.To thank the wider International Community and the UN agencies, UNPOS in particular, for their on-going support
16.Anything that is not clear in this agreement or the Protocols incorporated by reference herein shall be interpreted and applied in accordance with the Roadmap and the Garowe I & II Principles, and the Galka’yo Agreement.