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

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
18/08/2008
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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.
Somali Civil War (1991 - ) )
Stage
Pre-negotiation/process (Confidence building measure)
Conflict nature
Government
Peace process
87: 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 []

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
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

State definition
Nature of state (general)
Page 1, 5. Decided to: a. Reaffirm the dignity, sovereignty and the territorial integrity of Somalia;

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
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.

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
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;
Equality
No specific mention.
Democracy
No specific mention.
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.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
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;
Detention procedures
No specific mention.
Media and communication
Media roles
Page 2, Art. 8, b. Refrain from declarations and actions inconsistent with the peaceful spirit of this Agreement;
Citizenship
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 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
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.

The University of Edinburgh