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FM AMEMBASSY NAIROBI
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INFO RUCNSOM/SOMALIA COLLECTIVE PRIORITY
RUCPDOC/USDOC WASHDC 3108
RUEATRS/DEPT OF TREASURY WASHDC
RHEHNSC/NSC WASHDC
RUEKDIA/DIA WASHDC
RUEAIIA/CIA WASHDC
RHMFIUU/CJTF HOA
RHMFIUU/CDR USCENTCOM MACDILL AFB FL

UNCLAS SECTION 01 OF 03 NAIROBI 002681 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR AF/E AND A/S FRAZER 
 
E.O. 12958:  N/A 
TAGS: PGOV PREL SO DJ
SUBJECT: SOMALIA - Agreement to Structure Unity Government and 
Extend Mandate 
 
REF: A) Nairobi 2673  B) Djibouti 945 
 
¶1. (SBU) Summary:  At the latest round of Djibouti Agreement talks 
on November 25, the moderate islamist Alliance for the Re-Liberation 
of Somalia (ARS) and the Transitional Federal Government (TFG) 
agreed on plans for a unity government.  The text of their 
communique is in paragraph 5.  The parties agreed to enlarge the 
parliament by 275 members (to 550) to include the ARS and members of 
civil society, the business community, and the diaspora, and agreed 
that this new parliament would elect new leadership for Somalia (to 
include a president and speaker).  The parties also decided to 
extend the transitional period (which ends in fall 2009) by two 
years. Post believes that this outcome and the November 24 decisions 
made by the Joint Security Committee (Ref A) are positive 
developments in the Djibouti peace process.  The Prime Minister's 
efforts to coordinate by telephone developments in the talks were 
rebuffed by President Yusuf.  End summary. 
 
---------------------- 
Agreement Reached 
Under Intense Pressure 
---------------------- 
 
¶2. (SBU) A communique charting the path to the creation of a TFG - 
ARS Unity government was signed late evening November 25 by Deputy 
Prime Minister Ahmed Abdisalam Adan (TFG) and Chairman of the ARS 
Delegation to the HLC Abdirahman Warsame.  The signing had been 
scheduled for mid-afternoon November 25, but was delayed when Prime 
Minister Hassan "Nur Adde" Hussein, apparently under pressure from 
the Government of Ethiopia, attempted to backtrack on two of the 
provisions to which he had previously agreed.  The provisions 
concerned the number of additional parliamentary seats to be given 
the ARS and the provisions calling for the scheduling of elections 
of a new leadership.  Members of the HLC told us that Ethiopia urged 
Nur Adde to reduce the ARS number from 200 to 130, and to eliminate 
a provision calling for the elections of a new speaker and 
president. 
 
¶3.  (SBU) After intense negotiations late into the night and many 
phone calls, including to parliament speaker "Madobe," Nur Adde 
relented.  (Note: According to discussions with the HLC's TFG 
members, the speaker received numerous calls urging his support for 
the language on election of a new government).  Nur Adde made at 
least two efforts to inform TFG President Abdullahi Yusuf of 
progress in the negotiations.  The Prime Minister told us that Yusuf 
refused to accept his telephone calls. 
 
¶4.  (SBU) The communique did not set a date by which the Unity 
government would be established, but stipulated that a working group 
will develop proposals on the new unity structures within 30 days. 
We have encouraged all parties to move forward, as quickly as 
possible to stand up these key structures.  The communique also does 
not include details on the process through which the new members of 
parliament will be selected, and whether the 4.5 formula for clan 
representation will be observed. (Note: Hawiyes dominate the ARS). 
It also does not outline how the parliament will elect a "new 
leadership."  Though the posts of president and speaker were not 
specifically mentioned, both parties are proceeding under the 
assumption that new candidacies will be considered and that a 
newly-selected president will appoint a prime minister.  Another 
critical element of the agreement is the extension of the 
transitional period (due to expire in October 2009) by two years. 
The Transitional Federal Charter would remain the guiding framework 
for this new unity Transitional Federal Government. 
 
------------------ 
High-Level 
Committee Communique 
-------------------- 
 
¶5.  (U) The text of the November 25 communique follows: 
 
Decisions of the High Level Committee 
Djibouti Agreement 
25 November, 2008 
Djibouti 
 
Building on the 26 October 2008 Joint Declaration, and encouraged by 
the spirit of unity prevailing at the peace talks, the Transitional 
Federal Government and the Alliance for the Re-liberation of Somalia 
 
NAIROBI 00002681  002 OF 003 
 
 
requested the United Nations Special Representative of the 
Secretary-General for Somalia, Ahmedou Ould-Abdallah, to state the 
following on their behalf: 
 
¶1. The Parties thank the Somali people for their patience and 
support, and commend their determination in encouraging sustainable 
peace. They commit themselves to redouble their efforts towards 
achieving this goal on behalf of the people. 
 
¶2. The Parties welcome the conclusions of the Workshop on Justice 
and Reconciliation including agreement to possibly establish a 
Commission of Inquiry and an international court to address 
violations of human rights and international law and impunity in 
their country. A joint working group has been established to follow 
up on the preparation of next year's conference on Justice and 
Reconciliation. 
 
¶3. The Parties have agreed on a number of guiding principles as a 
framework to strengthen their commitments on political cooperation - 
particularly of the establishment of a Unity Government and an 
inclusive Parliament. 
 
¶4. These include: 
-- Addressing impunity through the Unity Government; 
-- Establishing mechanisms that will place priority on ensuring 
accountability - politically, financially and morally - of the Unity 
Government and respecting recognized international legal 
instruments. 
 
¶5. They agreed on the following proposals: 
-- To enlarge the Parliament by an extra 200 seats allocated to the 
Alliance for the Re-liberation of Somalia; 
-- An intention by the Parties to reach out to those who are outside 
the process as well as members of the civil society, including women 
and the business community, and the Diaspora. Seventy-five 
additional seats in the Parliament will be reserved to that end; 
-- That the new inclusive Parliament will have the responsibility to 
elect the new Leadership; 
-- The principle of responsible sharing of leadership positions will 
be adhered to; 
-- A two-year extension of the Transitional Period; 
-- All Agreements resulting from the process will be embedded as 
Amendments to the Transitional Federal Charter; 
-- The establishment of a working group that will engage, under the 
facilitation of the United Nations, on details of the Unity 
structures and to submit proposals in 30 days to the next session of 
the High Level Committee. 
 
¶6. The Parties reaffirm their grave concern over the recent acts of 
piracy. 
 
[signed] 
The United Nations Special Representative of the Secretary-General 
for Somalia 
 
Ahmed Abdisalaan Adan 
Transitional Federal Government 
 
Abdirahman A. Warsame 
Alliance for the Re-liberation of Somalia 
 
Witnessed by 
Ahmedou Ould-Abdallah Hamud A. Suldan 
United Nations Special Representative of the Secretary-General 
 
Minister of Religious Affairs and WAQF 
Government of Djibouti 
 
End communique text. 
 
------- 
Comment 
------- 
 
¶6.  (SBU) With al-Shabaab and other armed groups making rapid 
headway in Somalia, the HLC understood that it had to do something 
decisive and dramatic as this Djibouti round commenced.  We see this 
move as a "Hail Mary" pass by the TFG and the ARS, who have 
proceeded more quickly than expected in reaching agreement on ARS 
representation in the Parliament and re-consideration of the 
 
NAIROBI 00002681  003 OF 003 
 
 
transitional leadership (Ref A).  There is now a framework to 
replace Somalia's three top leaders and a mechanism to bring not 
only the ARS into the government but also those who have remained 
outside the Djibouti Process.  Stakeholders have told us that if the 
United States is in full support, a Unity Government can succeed. 
Although the track record of both the TFG and the ARS leaves much to 
be desired, we agree that our strong support is critical now. 
 
RANNEBERGER