Leaked document : Non-Paper: Progressing Somalia’s Political Track
NON-PAPER: PROGRESSING SOMALIA’S POLITICAL TRACK 1. Al Shabaab’s withdrawal from Mogadishu following AMISOM’s campaign, and the
setbacks Al Shabaab has suffered in Jubaland and Gedo have created the
opportunity to build democratic government structures in those areas, as well as
in Puntland and central Somalia, which have been largely free from Al Shabaab
for some time.
2. Around one third of the country remains in Al Shabaab hands. But the Somalis,
after many peace conferences, have made the decision to develop a constitution
and government structures in areas free from Al Shabaab, rather than attempting
a comprehensive peace agreement. There has been progress in agreeing a path
towards peace and stable government, with the Djibouti Agreement, the Kampala
Accord, the Roadmap, and the Garowe Principles.
3. However, progress on implementation of the various agreements has been slow.
Successive transitional governments have not completed any substantive
transitional tasks. Further, discussions on Somalia’s future polity have taken
place within a small group, and not been the subject of a broad national
dialogue.
4. The Transitional Federal Government has until August 2012 to make progress on
the transitional tasks. It is welcome that the TFG and regional entities have
agreed a comprehensive programme of work in the Roadmap, and a plan for
convening a constituent assembly in the Garowe Principles. But to be a success
in taking Somalia out of conflict, the Garowe process must become
representative, and thought should be given to how the south will be included.
The parties should amend the process to place the Somali people at the heart of
the process in a revision of Garowe – Garowe Plus. The following are suggestions
on how this could be done.
Constituent Assembly
5. It is essential that there is real and timely progress towards democratic and
legitimate institutions of government in Somalia. The Constituent Assembly
should :
a) Be representative of the people of Somalia. That might be done by elders and
communities electing representatives to the constituent assembly in non-Al
Shabaab areas. The Constituent Assembly should, if possible, also include
representatives from the areas held by Al Shabaab. Partners are asked for advice
on how that might be achieved.
b) address key unresolved issues in the draft constitution:
• whether the Somali state should be centralised or federal, and if federal, the
division of responsibilities between the centre and the regions;
• whether Somalia should adopt a presidential or cabinet system of government;
and
• the role of religion in the state and legal system.
It should also agree a process for deciding the boundaries of the regional
entities.
c) conduct a campaign of consultation with Somali communities across Somalia
accompanied by a really strong civic education process explaining the options
for a future Somalia (unitary state with autonomous regions, decentralised
federation, decentralised federation with representation in the executive, a
union of states, independent states.....).
d) Take no longer than six months to complete its work on the constitution. 6. The international community should support the Constituent Assembly by
establishing a core group of experts in Mogadishu, including representatives
from countries that have recently and successfully been through a
constitution-making process; IGAD experts; and experts from the Somalia core
group. The core group of experts should facilitate the work of the Constituent
Assembly, working with the UN. Interim Authority
7. Unless the constitution is agreed by August 2012, the Constitutional Assembly
should then assume the legislative functions of Government from the Transitional
Federal Parliament, while the executive functions of Government should pass from
the TFG to an Interim Authority, until elections can be held and a permanent
government established in accordance with the terms of the new constitution. The
Constituent Assembly should elect the chair of the Interim Authority. The
Authority should be staffed by technocratic experts in government. Its function
should be to establish institutions of government in line with the decisions of
the Constituent Assembly, including preparing for elections. 8. The international community should support the Interim Authority by sending
2-3 technical advisers to each ministry, to advise on setting up that ministry
and carrying out its functions. These advisers should be sent at the request of
the Interim Authority. 9. The international community should fund a severance package for MPs and
ministers who lose their positions in June 2012. Al Shabaab
10. AMISOM and its regional partners will continue the campaign against Al
Shabaab. The international community will continue to condemn Al Shabaab’s
sponsorship of terrorism, and abuse of human rights. But, if groups or
individuals who are currently aligned with Al Shabaab renounce violence, they
should be included in the political process. Islamist parties should be free to
pursue their ambitions through elections within the constitution, once agreed.
Dialogue on a comprehensive peace settlement between the Somali authorities and
any parties not engaged in violence should be encouraged. Reconciliation
11. Consideration should be given to whether a Reconciliation Commission could
be set up to support local reconciliation processes. Respect for Human Rights and Action Against Spoilers
12. The Somali people should have their human rights upheld. Consideration
should be given to strengthening the role of The Office for the High
Commissioner for Human Rights in monitoring of human rights in Somalia, and
recommending action to better protect human rights and take action against those
who perpetrate human rights abuses. 13. Similarly, action should be taken against those who divert public funds for
private use, or support or fund terrorist activity. Interested countries should
agree actions that they will pursue against such individuals, including UN
listing, and travel bans. UN Leadership
14. The UN should continue to facilitate progress towards peace and stable
government in Somalia, but with increased focus and drive. Consideration should
be given to joint leadership of this process with the AU.
Local Government
15. The international community should support the establishment of the
institutions of local government through the separate discussion on local
stability, and support the holding of elections e.g. in Puntland. Plan B?
16. The Istanbul Conference could assess whether the constitution-building
process in Somalia is making progress, and is representative of the Somali
people. In case the answer is negative, partners should work on a fallback
option for August 2012 to ensure that such an inclusive and representative
process is launched. 20 January 2012
Obtained by Medeshi
another Leaked Document
Faafin: SomaliTalk.com | Jan , 2012
| 
Daabaco
Boggan | Print
