12/22/2014
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AGREEMENT BETWEEN THE FEDERAL GOVERNMENT OF SOMALIA AND JUBBA DELEGATION


PREAMBLE:

 

The Federal Government of Somalia (FGS) and Jubba delegation held talks in Addis Ababa from 20th - 27th August 2013, under the auspices of the IGAD Chair of the Council of Foreign Ministers.

 

The Federal Government of Somalia (FGS) and Jubba delegations herein after referred to as the parties, discussed several issues regarding the current political, governance and security situation of the Jubbas.

 

Recalling the Guiding Principles contained in the Communiqué of the meeting of the Heads of State and Government of the Intergovernmental Authority on Development (IGAD) adopted at its 21st Extra-ordinary Summit on 24th May 2013 held in Addis Ababa, Ethiopia;

 

The principles are as follows:

·         Leadership of the Government of the Republic of Somalia in the process;

·         Respect of the Provisional Constitution of the Federal Republic of Somalia;

·         All inclusive consultative process with the peoples' of Somalia;

·         Supportive role of IGAD based on the priorities of the Somali Government;

·         Fighting Alshabab as the primary focus of the Somali Federal Government; regional and international partners;

 

Recalling the decisions contained in the Communiqué of the meeting of the Heads of State and Government of Troop Contributing Countries (TCCs) to the African Union Mission in Somalia (AMISOM) held on 4th August 2013 in Kampala, Uganda;

 

Reiterating the need for all processes particularly the ongoing efforts towards setting up Somali Regional Administrations and stabilization efforts to be anchored with the Principles of Federalism in the Provisional Constitution, the National Stabilization Plan and the Local Government Act.

 

In full recognition of the supremacy of the Provisional Constitution of the Federal Republic of Somalia; and that the Federal Government of Somalia shall be the sole representative of sovereign Somalia.

 

In full respect for the Unity, Sovereignty and the Territorial Integrity of the Federal Republic of Somalia;

 

Hereby the Parties Decide and Agree:

 

 

ARTICLE ONE

Establishment of an Interim Administration

 

1. The Federal Government of Somalia and the Jubba delegations have agreed on to an Interim Administration for Jubba, consisting of Gedo, Lower Jubba and Middle Jubba Regions without prejudice to whatever the people of these regions decide finally as a result of constitutional process. This Interim Administration shall be called the Interim Jubba Administration.

 

2. The duration of the Interim Administration shall be a period of not more than 2 years, during which - and subject to the constitutional process - a permanent Federal Member State will be established.

 

3. Through a consultative process, the parties of this agreement shall work together in completing the remaining part of the administration without prejudice to the provisional federal constitution of Somalia.

 

4. The Interim Jubba Administration shall be constituted of an Executive Council and a Regional Assembly.

 

5. The head of the Interim Jubba Administration shall be the Leader of the three regions of lower Jubba, middle Jubba and Gedo and also the Chairperson of the Executive Council and shall be accountable to the Federal Government of Somalia.

 

6. The Leader shall have three deputies appointed by the Leader in consultation with Somali Federal Government and they will also become members of the executive council.

 

7. The Executive Council shall be the executive organ of the Interim Administration, and whose members will be appointed by the Leader with consultation and coordination with the Federal Government. The Federal Government shall have responsibility to assure inclusivity.

 

8. The Regional Assembly should be an all inclusive and representative body of all clans and constituencies and selected by the traditional elders with seats been distributed proportionally among the districts of the three regions in full consideration of inclusivity, balance and in reconciliatory manner. The rules and regulations governing this Interim Administration shall be consistent with the Provisional Constitution of the FRS and approved by the Federal Parliament.

 

9. While the local Government Act takes into effect, the Governors of lower Jubba and Middle Jubba Regions shall be appointed by the Leader based on quota basis ensuring inclusiveness in consultation with local elders and Federal Government of Somalia. The current Gedo administration will remain as it is for now.

 

 

ARTICLE TWO

On the Management of Federal Institutions and Infrastructure

 

10.  The Federal Institutions and Infrastructure, including the Kismayo Airport and Kismayo Seaport and other institutions shall be recognized as the assets and commonwealth of the people of Somalia.

 

11. That the Kismayo Airport and Kismayo Seaport shall be utilized in a manner that is beneficial to the peace and prosperity of the people of Somalia under the leadership and management of the Federal Government of Somalia.

 

12. The Kismayo Sea Port and Air Port Management shall be handed-over to the Federal Government of Somalia (FGS) in 6 months period; after which the Federal Government of Somalia shall appoint a competent management team in consultation with the Interim Jubba Administration meanwhile the current management of port prevails for the next 6 months. The Federal Government of Somalia will appoint immigration officers to all entry points.

 

13. The revenues and other resources generated and accruing from the Kismayo Airport and Kismayo Seaport shall be managed in a prudent, transparent and accountable manner.

 

14. The revenues and other resources generated and accruing from the Kismayo Airport and Seaport shall be exclusively utilized, invested and disbursed on the priorities of security, service delivery and institutional building of the Jubbas.

 

15. This interim arrangement shall continue until there is final agreement on revenue sharing in the country as per the constitutional process.

 

 

ARTICLE THREE

On the Management of Security Forces and Militias Integration

 

16. That all security elements, including, RasKanboni Brigade (RBK), the Darwish and any other militias shall be integrated into the central command of the Somalia National Army (SNA); and the regional police will be under the command of the Interim Juba Administration.

 

17.  The Federal Government of Somalia (FGS) and the established Interim Jubba Administration shall jointly establish a Technical Security Committee that will agree on modalities and timetable for the integration of all security elements. The Technical Committee will also be responsible to undertake Security Reform.

 

18. Integration of the militias in to the Somali National Army will also be implemented within recommended specific timeline by a Technical Committee comprising the FGS, and the Interim Jubba Administration, in close coordination with AMISOM.

 

19. The Federal Government of Somalia (FGS) shall, under the planned reintegration program, give priority to the Jubba Administration so that combatants, particularly lower-level Alshabab fighters in the regions can disengage from combat and return to civilian life in their home communities.

 

 

ARTICLE FOUR

On Reconciliation and Confidence-Building

 

20. The Federal Government of Somalia shall organize and convene, within two weeks a Reconciliation Conference in Mogadishu. A follow-up peace building conference will also be held in Kismayo.

 

21. Mogadishu Reconciliation Conference will be a consultation mechanism on the process of completing the formation of the interim administration and peace building.

 

22. During the Mogadishu Reconciliation Conference, modalities of development of the roadmap for the establishment federal member state will be agreed upon.

 

23. The Government of the Federal Democratic Republic of Ethiopia as chair of IGAD shall be the guarantor of this agreement.

 

Agreed Upon this 27th August, 2013 in Addis Ababa, Ethiopia

  

___________________________                  _________________________

 

 

            Signature                                                                     Signature

H.E. Farah Sheikh Abdulkadir                                   H.E. Sheikh Ahmed Mohamed Islaan

On Behalf of the Somali Federal          On behalf of Juba Interim Administration

Government

 

                                               

 

__________________________________________

 

Guarantor

H.E. Dr. Tedros Adhanom Ghebreyesus

Chair of the Council of Foreign Ministers of IGAD



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