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Nairobi, May 1, 2004 (SL Times) – Two Somalilanders attending the Nairobi peace talks are campaigning for the inclusion of 80 people as representatives of the Isaak clan to the conference.
Jama Mohamed Qalib (Jama Yare) and Mohamud A. Jama (Sifir) have petitioned the talks’ mediator, Ambassador Bethuel Kiplagat, to allow an Isaak delegation to participate in the third phase of the Somali reconciliation conference which is being held in the Kenyan capital, Nairobi.
On March 22, the two men formed a committee assigned with the task of organizing a Isaak delegation. However, the proposal for the allocation of seats for Isaak representatives has met opposition from many in the so-called 366 official delegates already taking part in the talks.
The talks which have been dogged by wrangles over the selection of future parliamentarians are scheduled to resume on May 6, 2004.
The Somaliland government rejected to take part in the talks. Its position is that since Somaliland is an independent country and not a party to the conflict in Somalia, there was no need for it to participate in the Nairobi reconciliation conference.
Fore more information on the subject see below:
Somali National reconciliation Conference, Phase III
To: Ambassador Bethuel Kiplagat
Kenya’s Special Envoy for Somalia
Chairman, IGAD Facilitation Committee
CC: IGAD Partners Forum (IPF)
CC: IGAD Member States
CC: All Somali Political leaders at the SNRC
March 28, 2004
Subject: Representation and participation of the Isaaq Delegation to the SNRC
The delegation of the Isaaq Communities presents its compliments to the Member States of IGAD and IGAD Partners forum (IPF) and takes this opportunity to express its appreciation for the sustained support, solidarity and facilitation of your Excellencies for the Somali national reconciliation.
The Isaaq delegation at the Conference wishes to bring to the attention of your Excellencies that they have established a committee to coordinate their participation in the Third Phase of the Conference. The minutes of the general meeting establishing the committee is attached.
The Conference has entered its third and decisive stage. The Committee of the Isaaq Delegation wishes to recall that Isaaq leaders were not represented in Phase I and II of the Conference. The members of the Isaaq delegation to the Conference were invited in ad-hoc manner as members of the civil society groups or part of the delegation of the TNG.
Our understanding was that Isaaq delegation would fully be included in the Third Phase of the Conference. We believe the Isaaq clan is one of the principal clans. We will raise this issue with the delegations of the other Somali clans at the Conference and are confident we will gain their support to have the necessary adjustment in the formula of clan allocation.
We are at present extremely under-represented even on the basis of our allocation under the 4.5 formula. Only 12 of 37 Isaaq representatives invited to the first two phases of the Conference or in anticipation of the start of the third phase have access to accommodation. Some of our political leaders are awaiting IGAD clarification and decisions on the role and status of the Isaaq participation. Three potential candidates for parliamentary seats have made independent arrangements to participate in the Third Phase of the Conference.
As a matter of principle and in the interest of fairness, we propose that the number of participants in Phase Three of the SNRC be established, and that each group is allocated delegate size proportional to their respective shares under the 4.5 formula.
The Committee of Isaaq delegation at the Conference is seeking immediate approval for 80 representatives on interim basis. This will regularize the presence of the members of our delegation now in Nairobi and enable us to participate in the third phase of the Conference, including selection of members of the national parliament in a credible and timely manner.
The Third Phase of the SNRC now requires focussed deliberations and structured process of consultations on the yet unresolved critical substantive issues in order to enhance agreement on the final outcome of the reconciliation process. In this connection, the Isaaq delegation wishes to highlight a number of organizational and unresolved substantive issues that need to be addressed in order to ensure effective preparation for the Third Phase of the SNRC.
Organization and Rules of procedures
The Isaaq delegation supports that the organization of the Phase of the Conference should be based on clan representation. Indeed, we believe such an approach to the third phase is a necessary prerequisite to our participation and the success of the Conference in arriving at a realistic and legitimate outcome.
The Rules of procedures should first establish the conception organization of the third phase and its deliberation and decision-making procedures. The conception of the organization should be based on the Somali ownership and clearly and formally establish the procedures for deliberating and making decisions on substantive issues and resolving disputes. The second step to formulate procedures for selecting delegates to the Conference.
We are submitting proposals on the Organization and Rules of Procedures of the Third Phase of the SNRC.
Agenda of the Third Phase
The third Phase of the Conference will be confronted with important political issues. The organization and the Rules of procedures should be structured to create opportunities for addressing these issues. We are prepared to contribute to the formulation of the Conference agenda.
Please accept our highest regards and gratitude for your sustained support to the process of Somali national reconciliation.
Dr. Mohamud A. Jama, Chairman,
Committee of Isaaq Delegation to the SNRC/ Phase III
Somali National Reconciliation Conference, Phase III
Organization and Rules of procedures
I. Introduction
Phase III of the conference will select members of transitional national assembly. The Parliament will in turn elect a speaker of the Assembly and a President who will serve as the head of the State during the period of transition.
The purpose of the rules is to establish a rule- based deliberation, consultations and decision making. Upon adoption, the Organization and Draft Rules of Procedures supercede Article 30 of the draft Charter, its subsequent amendments and clarification. Additionally, the Parliament formed under the present Rules of Procedures will review and amend and adopt a draft constitutional Charter and the procedures for its ratification.
II. Organization
Conference delegates
The clan units will also designate conference delegates, which will serve as their political representatives (one delegate for each 10 parliamentary seats). The clan wide Committee will endorse the delegates. The delegates will represent the clan in all aspects of the deliberation process. The directives of the clan units they represent will guide the delegates.
Conference Assembly and Bureau
The Phase III Conference assembly will consist of the clan unit delegates and observers form IGAD and IGAD IPF. The civil society organizations will nominate five no-voting delegates, but who will otherwise fully participate in the deliberations of the assembly.
The delegates will elect a bureau consisting of a chairperson of the Bureau and four vice-Chairpersons.
The Assembly will review the compliance of the nomination process with the rules of procedures for nominating and selecting clan representatives to parliament and endorse the nominated members of each clan to the Parliament.
III. Selection of members of parliament
Clan representation
The selection of members will be based on the 4.5 formula for clan representation. Each clan will establish a clan-wide selection committee, which will, for purposes of representation in parliament, define the clan units (Arda) and the number of representatives allocated to each clan unit.
Selection process
The clan- wide selection committee will appoint a panel from among each of the clan units adopted as the basis of allocation. The Panels will elect chairperson and a deputy chairperson.
The Panels of the clan units (Ardayada) will nominate candidates for parliament for endorsement of the clan wide selection committee.
The candidates who were nominated by the selection panel may petition the clan wide selection Committee who will establish a recourse panel which will review all petitions and make recommendation to the clan-wide selection committee.
The clan wide selection committee will submit the final list of candidates selected as the representatives of the clan units. The submission will include complete documentation of the selection process, including instances of petitions and actions taken by the selection committee.
IV. Logistics and support
IGAD will provide a secretary and a rapporteur and legal counsel to the Conference Bureau.
The office of the Special Envoy will provide secretariat services for clan selection committee. A logistic official will also be assigned to each clan.
D. Joint Committee of the Conference Bureau and the IGAD facilitation and IGAD IPF
The Conference Bureau will consult with IGAD Facilitation Committee and IGAD IPF representatives. IGAD Facilitation Committee and IGAD IPF will form a joint mediation committee. With the agreement of the Conference Bureau, the Mediation Committee will arbitrate the disputes, and the decisions of the Arbitration will be binding.
March 28, 2004-
To: Somali leaders Committee,
Somali National Reconciliation Conference
NAIROBI
13th April 2004
I had earlier sent you a draft proposal for Rules of Procedure for Phase 3 for your comments and amendments. I have received comments from a number of you but there are others who have not done so. I would be most grateful if this can be done as soon as possible.
There is one thing which I need to clarify concerning the procedure for the distribution of seats at the clan level. According to my letter of 10th March 2004, the clan will meet and this will consist of the Traditional leaders and political leaders who were officially invited by IGAD to do the actual distribution of the 61 or 31 seats among the sub clans.
A mistake was made earlier on when there was no clear clarification and individuals who had no official invitation flooded the clan meetings. This is not going to be case this time round. Naturally the bulk of the delegation will consist of the 366 that were invited officially by IGAD.
The selection of members of parliament will take place at the sub clan or sub-sub clan level. I hope that this clarification can move ahead and complete this exercise.
Yours sincerely,
Amb. Bethuel A. Kiplagat
KENYA’S SPECIAL ENVOY FOR SOMALIA AND CHAIRMAN IGAD FACILITATION COMMITTEE
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