The Transitional Federal Charter of the Somali Republic

Country/entity
Somalia
Region
Africa (excl MENA)
Agreement name
The Transitional Federal Charter of the Somali Republic
Date
29/01/2004
Agreement status
Multiparty signed/agreed
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 the al-Shabaab, the organisation's position in Somalia has diminished slightly. However, as evidenced by large-scale attacks by the al-Shabaab in northern Kenya throughout 2013-2015, the lack of security continues to destabilize the region. The 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
Framework/substantive - comprehensive (Agreement)
Conflict nature
Government/territory
Peace process
94: Somalia Peace Process
Parties
THE DELEGATES REPRESENTING THE PEOPLE OF THE SOMALI REPUBLIC
(see Schedule IV, Page 40)
Third parties
Description
Lengthy charter setting out a transitional constitution for Somalia

Agreement document
SO_040129_Transitional Federal Charter of the Somali Republic.pdf

Main category
Page 9, CHAPTER FIVE, PROTECTION OF THE FUNDAMENTAL RIGHTS & FREEDOMS OF THE PEOPLE, ARTICLE 15, EQUALITY OF THE CITIZENS BEFORE THE LAW, 1. All citizens of the Somali Republic are equal before the law and provisions of this Transitional Federal Charter and have the right to equal protection and equal benefit of the law without distinction of race, birth, language, religion, sex or political affiliation.

Page 14, CHAPTER FIVE, PROTECTION OF THE FUNDAMENTAL RIGHTS & FREEDOMS OF THE PEOPLE, ARTICLE 25, PROTECTION OF FAMILY, ARTICLE 26 SOCIAL WELFARE, The Government shall guarantee public social welfare as follows:
a) It shall be the responsibility of the Government to protect and provide public health, safe motherhood, childcare and control communicable diseases;
b) Welfare of persons with disabilities, orphans, widows, heroes who contributed and fought in defence of the country and aged persons;
c) The Government shall encourage the establishment of the Civil Society and social development institutions for the public, that is to say, NGOs, women, youth, students, human rights and professional organizations;
i) The Government shall create a positive environment for women to participate effectively in economic, social and political life of the society;

Page 16, CHAPTER SIX, THE STRUCTURE AND ORGANISATION OF THE STATE, PART I PARLIAMENT, ARTICLE 29, THE COMPOSITION OF PARLIAMENT, The Transitional Federal Parliament of the Somali Republic shall consist of Two Hundred and Seventy Five (275) Members of which at least Twelve Percent (12%) shall be women.

Women, girls and gender

Participation
Gender quotas
Page 16, CHAPTER SIX, THE STRUCTURE AND ORGANISATION OF THE STATE, PART I PARLIAMENT, ARTICLE 29, THE COMPOSITION OF PARLIAMENT, The Transitional Federal Parliament of the Somali Republic shall consist of Two Hundred and Seventy Five (275) Members of which at least Twelve Percent (12%) shall be women.
Effective participation
Page 14, CHAPTER FIVE, PROTECTION OF THE FUNDAMENTAL RIGHTS & FREEDOMS OF THE PEOPLE, ARTICLE 25, PROTECTION OF FAMILY, ARTICLE 26 SOCIAL WELFARE, The Government shall guarantee public social welfare as follows:
c) The Government shall encourage the establishment of the Civil Society and social development institutions for the public, that is to say, NGOs, women, youth, students, human rights and professional organizations;
i) The Government shall create a positive environment for women to participate effectively in economic, social and political life of the society;
Equality
Equality (general)
Page 9, CHAPTER FIVE, PROTECTION OF THE FUNDAMENTAL RIGHTS & FREEDOMS OF THE PEOPLE, ARTICLE 15, EQUALITY OF THE CITIZENS BEFORE THE LAW, 1. All citizens of the Somali Republic are equal before the law and provisions of this Transitional Federal Charter and have the right to equal protection and equal benefit of the law without distinction of race, birth, language, religion, sex or political affiliation.
Social equality
Page 14, CHAPTER FIVE, PROTECTION OF THE FUNDAMENTAL RIGHTS & FREEDOMS OF THE PEOPLE, ARTICLE 25, PROTECTION OF FAMILY, ARTICLE 26 SOCIAL WELFARE, The Government shall guarantee public social welfare as follows:
...
b) Welfare of persons with disabilities, orphans, widows, heroes who contributed and fought in defence of the country and aged persons;
Particular groups of women
Pregnancy/maternity
Page 14, CHAPTER FIVE, PROTECTION OF THE FUNDAMENTAL RIGHTS & FREEDOMS OF THE PEOPLE, ARTICLE 25, PROTECTION OF FAMILY, ARTICLE 26 SOCIAL WELFARE, The Government shall guarantee public social welfare as follows:
a) It shall be the responsibility of the Government to protect and provide public health, safe motherhood, childcare and control communicable diseases;
International law
No specific mention.
New institutions
Infrastructure (general)
Page 14, CHAPTER FIVE, PROTECTION OF THE FUNDAMENTAL RIGHTS & FREEDOMS OF THE PEOPLE, ARTICLE 25, PROTECTION OF FAMILY, ARTICLE 26 SOCIAL WELFARE, The Government shall guarantee public social welfare as follows:
c) The Government shall encourage the establishment of the Civil Society and social development institutions for the public, that is to say, NGOs, women, youth, students, human rights and professional organizations;
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
No specific mention.
Development
Health (general)
Page 14, CHAPTER FIVE, PROTECTION OF THE FUNDAMENTAL RIGHTS & FREEDOMS OF THE PEOPLE, ARTICLE 25, PROTECTION OF FAMILY, ARTICLE 26 SOCIAL WELFARE, The Government shall guarantee public social welfare as follows:
a) It shall be the responsibility of the Government to protect and provide public health, safe motherhood, childcare and control communicable diseases;
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh