Protocol Establishing the Technical Selection Committee

Country/entity
Somalia
Region
Africa (excl MENA)
Agreement name
Protocol Establishing the Technical Selection Committee
Date
22/06/2012
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
Implementation/renegotiation (Addresses new or outstanding issues)
Conflict nature
Government/territory
Peace process
94: Somalia Peace Process
Parties
President Sheikh Sharif Sheikh Ahmed of the Transitional Federal Government of Somalia; Honourable Sharif Hassan Sheikh Aden, Speaker of the Transitional Federal Parliament; Prime Minister Abdiweli Mohamed Ali; President Abdirahman Mohamed Mohamoud ‘Farole’ of Puntland; President Mohamed Ahmed Alin of Galmudug; and, representatives of Ahlu Sunna Wal Jama’a.
Third parties
The meeting was facilitated by the United Nations under the auspices of the Special Representative of the Secretary-General for Somalia, Ambassador Augustine P. Mahiga.
Description
Agreement establishing the Signatories Technical Facilitation Committee, and sets forth its powers and duties.

Agreement document
SO_120622_ProtocolTechnicalCommittee.pdf

Main category
Page 2, Article 2, Establishment of the Signatories Technical Facilitation Committee, 1.(a) Six representatives from each of the four main clans and three representatives from the 5th clan reflecting the 4.5 formula. At least two of the representatives selected by each of the four main clans and at least one of the representatives selected by the 5th clan must be women...
(b) Two persons from the UN Political Office for Somalia (UNPOS), one of whom must be a woman, serving as non-­‐voting members who shall provide technical advice and support.


Page 3, ARTICLE 3, Functions of the Technical Selection Committee, (f) Ensure compliance with the composition rules concerning women quota, the 4.5 formula and the involvement of the cross section of society in the establishment and membership of the National Constituent Assembly and the new Federal Parliament, in accordance with the principles referred to in paragraph (e);

Page 4, ARTICLE 4, Procedures of the Technical Selection Committee, 1. As soon as practicable after being appointed, the members of the Technical Selection Committee shall––
(a) Select from among themselves two co-­‐chairs, one of whom shall be a woman; and
... (g) The Technical Selection Committee may declare its meetings open for other observers, including the Somali Civil Society and women groups at any time.

Page 6, Article 6, Procedures for Review of Nominees by the Technical Selection Committee
6.4. Any list determined to not meet the criteria including the requirement of at least 30% women nominees must be rejected and sent back to the Traditional Leaders to re-submit according to established rules.

Women, girls and gender

Participation
Gender quotas
Page 2, Article 2, Establishment of the Signatories Technical Facilitation Committee, 1.(a) Six representatives from each of the four main clans and three representatives from the 5th clan reflecting the 4.5 formula. At least two of the representatives selected by each of the four main clans and at least one of the representatives selected by the 5th clan must be women...
(b) Two persons from the UN Political Office for Somalia (UNPOS), one of whom must be a woman, serving as non-­‐voting members who shall provide technical advice and support.


Page 3, ARTICLE 3, Functions of the Technical Selection Committee, (f) Ensure compliance with the composition rules concerning women quota, the 4.5 formula and the involvement of the cross section of society in the establishment and membership of the National Constituent Assembly and the new Federal Parliament, in accordance with the principles referred to in paragraph (e);


Page 4, ARTICLE 4, Procedures of the Technical Selection Committee, 1. As soon as practicable after being appointed, the members of the Technical Selection Committee shall––
(a) Select from among themselves two co-­‐chairs, one of whom shall be a woman; and


Page 6, Article 6, Procedures for Review of Nominees by the Technical Selection Committee
6.4. Any list determined to not meet the criteria including the requirement of at least 30% women nominees must be rejected and sent back to the Traditional Leaders to re-submit according to established rules.
Other
Page 4, ARTICLE 4, Procedures of the Technical Selection Committee, 1. As soon as practicable after being appointed, the members of the Technical Selection Committee shall––
... (g) The Technical Selection Committee may declare its meetings open for other observers, including the Somali Civil Society and women groups at any time.
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
No specific mention.
New institutions
Infrastructure (general)
Page 4, ARTICLE 4, Procedures of the Technical Selection Committee, 1. As soon as practicable after being appointed, the members of the Technical Selection Committee shall––
... (g) The Technical Selection Committee may declare its meetings open for other observers, including the Somali Civil Society and women groups at any time.
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.

The University of Edinburgh