REPORT OF THE CHAIRPERSON OF THE COMMISSION ON THE SITUATION IN SOMALIA

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AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA Addis Abéba, Ethiopie, B.P. 3243 Tél.: (251-11) 5513 822 Fax: (251-11) 5519 321 Email: situationroom@africa-union.org, oau-ews@ethionet.et, PEACE AND SECURITY COUNCIL 151 ST MEETING 22 SEPTEMBER 2008 NEW YORK PSC/MIN/2 (CLI) ORIGINAL: ENGLISH REPORT OF THE CHAIRPERSON OF THE COMMISSION ON THE SITUATION IN SOMALIA

Page 1 I. INTRODUCTION 1. At its 139 th meeting held in Sharm El Sheikh, Egypt, on 29 June 2008, Council reviewed the situation in Somalia. The meeting took place against the backdrop of renewed efforts to further the peace and reconciliation process in Somalia. 2. At that meeting, Council welcomed the progress made in the promotion of an allinclusive reconciliation process in Somalia, in particular the conclusion of an Agreement between the Transitional Federal Government (TFG) and the Alliance for the Reliberation of Somalia (ARS), in Djibouti, on 9 June 2008, and urged all Somali stakeholders to join this process and commit themselves to the peaceful and negotiated settlement of the conflict in their country; decided to extend the mandate of the African Union Mission in Somalia (AMISOM) for an additional period of six months, and mandated the Mission to take the necessary steps to support the implementation of the Djibouti Agreement. Council further expressed the hope that the international community would provide increased support to the peace and reconciliation process in Somalia, including the early deployment of a United Nations peacekeeping operation that would take over AMISOM and support the long-term stabilization and reconstruction of Somalia. 3. This report provides an update on the main developments in Somalia since July 2008. It covers aspects relating to the implementation of the Djibouti Agreement and other related issues, the security and humanitarian situation, as well as the activities of AMISOM and the possible deployment of a United Nations peacekeeping operation to take over AMISOM and support the long-term stabilization and reconstruction of Somalia. II. IMPLEMENTATION OF THE DJIBOUTI AGREEMENT AND OTHER RELATED ISSUES 4. Council will recall that, at its meeting in Sharm El Sheikh, it was informed of the progress in the negotiations between the TFG and the ARS, which, after two rounds held in Djibouti from 10 to 16 May and 31 May to 9 June 2008, respectively, resulted in a political agreement between the parties. The Agreement provides, among others, for the cessation of armed confrontation for an initial period of 90 days renewable; the submission of a request to the United Nations for it to authorize and deploy, within 120 days, an international stabilization force from countries that are friends of Somalia, excluding neighboring states; the TFG to act in accordance with the decision already taken by the Ethiopian Government to withdraw its troops from Somalia after the deployment of a sufficient number of United Nations forces; the commitment of both parties to undertake all necessary measures to ensure unhindered access and assistance to affected populations; and the establishment of a Joint Security Committee (JSC) and a High Level Committee (HLC), to follow-up the implementation of security arrangements and issues relating to political cooperation between the parties, justice and reconciliation. 5. The period that followed that landmark Agreement was marked by increased divisions within the ARS, pitching those supporting the peace process and talking to the

Page 2 TFG, against those opposed to the process. A meeting convened in Sana'a, Yemen, in early July 2008, to resolve these differences did not yield much concrete result. Subsequently, the two groups held separate meetings in Asmara and Djibouti. While the Asmara meeting, chaired by Sheikh Hassan Dahir 'Aweys', reiterated its rejection of the Agreement, the Djibouti meeting, which brought together an overwhelming majority of the 191 members of the ARS Central Committee, under the chairmanship of Sheikh Sherif Sheikh Ahmed, endorsed the Agreement and reiterated its commitment to the peace process. The meeting also dismissed the claim to leadership by Sheikh Hassan Dahir 'Aweys,' noting that those who met in Asmara had no quorum nor a valid reason for such a claim to leadership. 6. As a follow-up to the Djibouti Agreement, the parties met in Djibouti from 14 to 19 August 2008, in the presence of the United Nations and the African Union. On that occasion, they agreed on the Terms of Reference of both the HLC and the JSC. The HLC shall, inter alia, be responsible for: establishing liaison between the parties for the purpose of addressing cooperation on political issues in a peaceful manner; finding appropriate, peaceful solutions for the full implementation of the Djibouti Agreement; addressing, at an appropriate time, issues of justice and reconciliation in Somalia; and encouraging humanitarian access and assistance. 7. The HLC shall be chaired on a temporary basis by the Untied Nations pending the selection of a neutral Somali personality and shall consist of 9 representatives each from the TFG and the ARS. The Committee shall meet every month for one or two days either in Djibouti or in Nairobi. 8. With regards to the JSC, it was agreed that it shall consist of a maximum of 30 members with equal representation of the two parties, and be co-chaired by the UN and the AU. The JSC will be responsible for, inter alia: establishing liaison between the parties for the purpose of implementing the cessation of armed confrontation in a peaceful manner; investigating reported breaches in the Agreement and bringing the findings of those investigations before the Committee for decision; finding appropriate, peaceful solutions in the event of the breach of the Agreement; and facilitating humanitarian access and assistance.

Page 3 9. On 19 August 2008, the TFG and the ARS signed, in Djibouti, the Agreement they reached and initialed on 9 June. Following this development, I issued a statement in which I welcomed the signature of the Agreement, and commended the Somali parties for the commitment and the spirit of compromise they have displayed. I reiterated AU s determination, including through AMISOM, to support and accompany the TFG, the ARS and the other Somali stakeholders. At the same time, I called on the international community to provide the necessary support to sustain the current political momentum. Furthermore, I expressed satisfaction at the conclusions of the deliberations of the HLC and the JSC. In resolution 1831(2008) of 19 August 2008, the United Nations Security Council also welcomed the signature of the Djibouti Agreement, noting that it calls for the United Nations to authorize and deploy an international stabilization force. 10. The period under review also witnessed a political crisis between the TFG President, Abdullahi Yusuf Ahmed, and Prime Minister, Nur Hassan Adde. This followed a decision taken on 29 July 2008 by a Cabinet meeting chaired by the Prime Minister to remove Mohamed Dheere from his position as Mayor of Mogadishu and Governor of the Benadir region, a decision which was not accepted by the President at that time. Eleven Ministers out of the 15 that compose the Cabinet resigned in support of the President. 11. At its 146 th meeting held on 8 August 2008, Council expressed deep concern at the difficulties facing the TFG. Council appealed to the Somali leaders to show unity of purpose and take all steps required to enhance the cohesion of the Transitional Federal Institutions (TFIs), in order to consolidate the progress made following the Djibouti Agreement of 9 June 2008 and facilitate its early signature and implementation. 12. On 26 August 2008, in Addis Ababa, and following sustained efforts by the Ethiopian Government, President Abdullahi Yusuf, the Speaker of the Transitional Federal Parliament (TFP), Sheikh Aden Madobe and Prime Minister Nur Hassan Adde signed a Roadmap for the Implementation of the Understanding reached in Addis Ababa Among the Leadership of the Institutions of the TFG. In this Roadmap, the three leaders pledged to work to create better understanding, trust and confidence between and among themselves and the TFIs, and agreed to discharge their full responsibilities in accordance with the provisions of the Transitional Federal Charter (TFC) and not to interfere in one another s spheres of authority and competence as spelt out in the TFC. The Roadmap also addressed a number of other issues relating to the size and composition of the Cabinet; the establishment of a new Benadir Administration to replace the one led by Mohamed Dheere; the proper collection and administration by the TFG of revenues generated from local sources and the enhancement of the capacity of the Ministry of Finance and other relevant institutions; the re-organization and redeployment of security forces; the redeployment and withdrawal of Ethiopian forces, which will take place immediately upon the establishment of the Benadir Administration; and the implementation of the Djibouti Agreement, with a call by the parties for the international community to lend full support in this respect and to apply pressure, including sanctions, against all those undermining the peace process. Furthermore, the three leaders agreed to finalize the establishment of regional and state administrations during the months of September, October and November, and to expedite the work of the Constitution Commission.

Page 4 13. A Memorandum of Understanding was subsequently signed between the TFG and the Ethiopian Government, to facilitate the implementation of the Roadmap. This includes capacity building assistance from Ethiopia in the area of public finance management, as well as the reorganization and redeployment of the TFG security forces. 14. On its part, the Commission has maintained close contacts with all the Somali stakeholders and continued to extend maximum support to the peace process, including active participation in the Djibouti negotiations. In this respect, it is worth mentioning the meeting between the Deputy Chairperson of the Commission and my Special Representative for Somalia, on the one hand, and ARS representatives, on the other, in Nairobi on 2 and 3 September 2008. At the end of the meeting, the two parties expressed their commitment to work together towards the full implementation of the Djibouti Peace Agreement. 15. On 5 September, the Ministers of Defense of Burundi, Somalia and Uganda met in Addis Ababa at the invitation of the Commission. The purpose of the meeting was to review the situation in Somalia and the difficulties facing the peace support operation. At the end of the meeting, the Ministers expressed deep concern at the prevailing situation on the ground and at the inadequacy of the resources mobilized so far to sustain the operations of AMISOM. They underlined the urgent need for the United Nations to assume full responsibility for peacekeeping in Somalia. Other issues discussed relate to the financial, administrative and legal aspects of the current peace support operation. III. SECURITY AND HUMANITARIAN SITUATION 16. The security situation in Somalia, especially in Mogadishu, continues to be volatile. In addition to the continued attacks on the TFG and the Ethiopian forces, the period under review witnessed several attacks against AMISOM forces. In the first half of September alone, two AMISOM soldiers were killed, while 7 others were injured, as a result of roadside bombs and sniper fire. Earlier in August, another AMISOM solider was killed while on a routine road sweeping check for explosive devices. 17. The civilian population continues to constitute the majority of the victims of attacks by the insurgents. In August 2008, 25 women from the Mogadishu Women's Development Organization were killed by a roadside bomb explosion while cleaning the streets of Mogadishu as part of a food-for-work project. This project, which is supported by the World Food Programme, benefits hundreds of women, who are the only supports of their households. 18. Insurgent activities continue to spread into the countryside, especially in Central and South Somalia, with the objective of dislodging TFG forces. Thus, on 22 August, insurgents affiliated to Al Shabab took control of the city of Kismayo. About 25,000 civilians were displaced and are reported to be in need of urgent assistance, including food, water, medical supplies and non-food items, while dozens of others were killed or wounded.

Page 5 19. During the period under review, piracy off the coast of Somalia has continued to be a matter of deep concern. This situation constitutes a serious threat to humanitarian operations and maritime transport in the Gulf of Aden, as well as for the security situation inside Somalia, and has prompted a number of initiatives aimed at combating this problem, including the adoption by the United Nations Security Council of a resolution to this effect, on 2 June 2008. 20. As a result of the prevailing security situation and other factors, including drought, high food prices, the disruption of market and trade activities and the collapse of the Somali currency, the humanitarian situation in Somalia has worsened. According to the United Nations, the number of people in need of aid has dramatically increased in the course of this year, reaching a total of 3.2 million people; this represents 43% of the total population of the country. Significantly, the number of displaced people is on the increase and one child out of six is reported to be acutely malnourished. 21. The continued attacks against humanitarian workers have also contributed to the deterioration of the humanitarian situation. The killing, on 7 July 2008, of the local UNDP representative in Mogadishu, the abduction during two months of the Head of the UNHCR office in Mogadishu and that of two Italian aid workers from May to August, and the injury inflicted upon the local WHO representative in the central region, among other incidents, illustrate clearly the challenges facing the humanitarian community in Somalia. In the month of August alone, 3 humanitarian workers were killed, bringing to 23 the number of aid workers who have been killed in 2008. There are still 10 aid workers in captivity. 22. In spite of the very challenging environment in which they work, the humanitarian agencies and organizations and their staff continue to do their utmost and to render invaluable assistance to the affected populations. I would like once again to commend them for their work and dedication. IV. AMISOM DEPLOYMENT AND POSSIBLE DEPLOYMENT OF A UN PEACE KEEPING OPERATION 23. Since last July, no significant progress has been made regarding the deployment of AMISOM. The current strength of the Mission stands at 2,570, consisting of 2 Ugandan and 1 Burundian battalions. However, I am pleased to report that pre-deployment activities for the second Burundian battalion have been completed; the actual deployment is due to start shortly, with the support of the United Kingdom, the United States and NATO. With respect to force generation, and in spite of the many appeals made by the policy organs of the African Union, no member state has made new pledges. 24. It should also be noted that AMISOM has conducted interviews to deploy 7 senior police officers as mentors and trainers for the AMISOM police component, in preparation for its deployment in Somalia. This exercise is being supported financially by the Italian Government under the Italian-African Peace Facility (IAPF).

Page 6 25. As part of the efforts to enhance the effectiveness of the Mission, the Commission has signed a Memorandum of Understanding (MoU) with UNOPS for the procurement of logistics for the Mission. Currently, the MoU covers the construction of the Mission's Headquarters and Medical Level II Hospital, including the procurement of equipment. 26. In line with the Djibouti Agreement, the Commission is making contingency plans to support the envisaged international stabilization force and maintains regular consultations with the United Nations in this respect. In the meantime, and in spite of the many difficulties facing it, AMISOM continues to make sustained efforts in support of the peace and reconciliation process, notably by securing major infrastructure, undertaking confidence-building patrols and providing humanitarian assistance to the civilian population, including medical services and safe drinking water. 27. No progress has been made so far regarding the deployment of a United Nations peacekeeping operation that would take over AMISOM and support the long-term stabilization and reconstruction of Somalia or that of a stabilization force. In its resolution 1831(2008) of 19 August 2008 referred to above, the Security Council noted that the Agreement calls for the United Nations to authorize and deploy an international stabilization force and that the communiqué of Council of 29 June appeals for the deployment of a UN peace peacekeeping operation. The Security Council recalled its willingness to consider, at an appropriate time, a peacekeeping operation subject to progress in the political process and improvement in the security situation on the ground. In the meantime, the Security Council decided to renew the authorization to maintain AMISOM in Somalia for a further period of six months; urged Member States to provide financial resources, personnel and equipment and services for the full deployment of AMISOM; and encouraged the Secretary-General to continue to explore with the Commission ways and means to strengthen United Nations logistical, political and technical support for the AU, to build the AU's institutional capacity to carry out its commitments in addressing the challenges it faces in supporting AMISOM, and to assist AMISOM's full deployment, to the extent possible and as appropriate, with the goal of achieving United Nations standards. V. OBSERVATIONS 28. While the situation in Somalia remains particularly precarious, the past few months have seen some progress in the political process. The signing of the Djibouti Agreement and the operationalization of the Committees provided therein, as well as the resolution of the differences between the President and the Prime Minister, are indications of the commitment of the parties to move the peace and reconciliation process forward. The ongoing efforts to enhance the capacity of the TFG, including the crucial issue of revenue collection and management, are also encouraging. 29. There is no doubt that further efforts are required to sustain this momentum and bring to a definite end to the violence that has been afflicting Somalia for close to two decades. I would like, therefore, to once again urge the Somali parties to remain steadfast in their commitment and determination. I appeal to all those who remain outside of the process to join the ongoing efforts and work genuinely towards lasting peace and reconciliation in their country. I strongly condemn the acts of violence and

Page 7 attacks being committed by the insurgents, and reiterate the numerous calls made by Council for the United Nations Security Council to take effective and targeted measures against all those bent on undermining the political process and regional stability. 30. At the same time, the importance of the role of the international community hardly needs to be emphasized. In this respect, I would like to reiterate my appeal to the Member States to provide the much-needed troops, as well as logistical and financial support, to enable AMISOM reach its authorized strength and discharge its mandate more effectively. I would like to commend Uganda and Burundi for their contribution to AMISOM and to express my appreciation to all the members of the Mission for their dedication and the work being done in extremely challenging circumstances. 31. It is crucial that the United Nations Security Council, which has primary responsibility for the maintenance of international peace and security, urgently take the steps expected of it, including the deployment of a peacekeeping operation. Any further delay will undermine the progress made, in particular the implementation of the Djibouti Agreement, which offers yet another opportunity to bring to an end the conflict in Somalia; further threaten regional stability; and prolong the suffering of the Somali people. It should be kept in mind that such deployment would facilitate the envisaged withdrawal of the Ethiopian forces and prevent a security vacuum thereafter, which will be seriously detrimental to the gains made thus far. 32. I also appeal to the international community, including the AU Member States in a position to do so, to provide financial and technical assistance to the TFG in order to enhance its capacity and enable it discharge its duties, including the payment of salaries for the police and support to other key institutions. In this respect, I would like to indicate that, thanks to the generous support of the Italian Government, the Commission intends to initiate a capacity-building programme for the Somali institutions. Consultations to this effect will be shortly initiated with the TFG and the relevant international institutions. 33. In the meantime, I call on all concerned in Somalia to comply with international humanitarian law and facilitate the delivery of humanitarian assistance. I pay tribute to the humanitarian workers for their sacrifices and outstanding contribution to the alleviation of the plight of the Somali people.