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Reunification of the Somali
People
Jack L. Davies
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Appendix 2:
D
R A F T
Treaty
for Creating the
Transitional
Federation of Somalia and Somaliland
by
the Republic of Somalia and the Republic of Somaliland
The
sovereign and independent Republic of Somalia and the sovereign and independent
Republic of Somaliland (hereafter, the two "Full
Members") hereby agree to create a Transitional Federation of
Somalia and Somaliland (hereafter, the "Transitional
Federation"), without surrendering their own individual
sovereignty or independence.
The
purposes in creating the Transitional Federation are:
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to
provide cost-effective cooperation and coordination between the two Full
Members where such cooperation and coordination is mutually beneficial,
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to
provide immediate and effective working relationships with other sovereign
states and international bodies composed of sovereign states, particularly
with neighboring states as Associate Members, and
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to
provide a transitional framework for careful consideration and debate within
the framework of self determination concerning future possibilities for
bilateral integration between the two Full Members as well as regional
integration with neighboring sovereign states.
1
Membership in the Transitional Federation
1.1
Full Members
The
Full Members of the Transitional Federation are
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the
sovereign and independent Republic of Somalia, within the post-colonial
borders of the former Italian Somalia, and
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the
sovereign and independent Republic of Somaliland, within the post-colonial
borders of the former British Somaliland.
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The
Full Members have the right to withdraw from the Transitional Federation at any
time, by giving 60 days written notice to the other full Member, thereby
terminating the existence of the Transitional Federation.
1.2
Associate Members
The
Full Members of the Transitional Federation, as signatories of this Treaty,
hereby invite the Governments of the sovereign and independent states of
Djibouti, Eritrea, Ethiopia, and Kenya to participate actively in the
Transitional Federation as Associate Members.
The
purpose of this invitation is to assure that bilateral cooperation between just
the Republic of Somalia and Republic of Somaliland will be a positive step
towards peaceful and voluntary regional integration on the Horn of Africa, along
the successful model of the European Community in Europe, and will not become a
destabilizing factor on the Horn of Africa, as the bilateral unification between
the Republic of Somalia and Republic of Somaliland in 1960 became.
2
Structure of the Transitional Federation
The
Transitional Federation will consist of
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a
Transitional Federal Council, Council> including a Chairperson and Vice
Chairperson thereof, consisting of __ Councilors from each Full Member and
of __ Councilors from each participating Associate Member, and
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4
Transitional Federal Secretariats, composed of one Secretary each and an
appropriate staff, for the following resorts:
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Foreign
Affairs
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Regional
Political Coordination
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Regional
Economic Development
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Regional
Education and Cultural Development
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2.1
Transitional Federal Council
The
President of each Full Member will designate __ Councilors as delegates to the
Transitional Federal Council, subject to confirmation by their respective
Parliaments. The Governments of
each participating Associate Member will designate __ Councilors as delegates to
the Transitional Federal Council, using whatever procedures for selection that
they deem appropriate.
The
Transitional Federal Council will establish its own rules of order and will
elect its own Chairperson and Vice Chairperson.
The
Transitional Federal Council will appoint the Secretaries for the 4 Transitional
Federal Secretariats, will establish general policy guidelines for these
Secretariats, and will control their operations.
2.2
Transitional Federal Secretariat for Foreign Affairs
The
Transitional Federal Secretariat for Foreign Affairs will have its main offices
in Mogadishu. It will maintain
diplomatic relations with the embassies of other nations in Mogadishu and will
maintain and operate embassies and consulates as appropriate around the World,
on behalf of its Full Members. For
this purpose, it will name one Federal Ambassador to each of its Embassies.
However, it will provide facilities for the Foreign Ministries of each of
its Full Members to send or maintain officials of their own at these Embassies.
It will conduct negotiations when appropriate on behalf of its Full
Members and Associate Members, but they will sign any international agreements
separately as independent sovereign nations.
It will enable the International Community to deal directly with one
Secretariat for all matters dealing with the international relations of its two
Full Members.
The
Transitional Federal Secretariat for Foreign Affairs will assume the seats of
the former Dictatorship in international organizations, to include:
the Arab League, FAO, G-77, IBRD, ICAO, IDA, IFAD, IFC, ILO, IMF, IMO,
Intelsat, Interpol, ITU, NAM, OAU, UN, UNESCO, UPU, WHO, and WMO.
In particular, all requests by its Full Members for international
financial aid (grants, loans, and services through NGO's) will be made through
this Secretariat. It will be the
responsibility of this Secretariat to assure that such financial aid be
channeled with appropriate priorities in an equitable manner to its two Full
Members <197> and to Associate Members for any joint regional projects of
the Transitional Federation.
A
major goal of the Transitional Federation is to provide an immediate legal
framework in which the first direct financial aid to the Governments in the
Republic of Somalia and the Republic of Somaliland can proceed.
Particularly for the case of the Republic of Somaliland, the refusal by
the International Community to provide any direct financial aid (loans or
grants) to the official democratic Government of the Republic of Somaliland, 3
years after the war of liberation ended there, has been a major cause of weak
governance and instability there -- as well as the lack of coherent
economic development there.
2.3
Transitional Federal Secretariat for Regional Political Coordination
The
Transitional Federal Secretariat for Regional Political Coordination will have
its main offices in Mogadishu. It
will be responsible for establishing effective coordination among all Members in
the following areas:
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coordinating
the local drafting of new Constitutions and structures of government to make
these new Constitutions and structures of government as similar as feasible
and to constructively exchange know-how and local experience in these
important areas, as one component towards regional integration on the Horn
of Africa (particularly for its two Full Members, Eritrea, and Ethiopia,
where new Constitutions and governmental structures are currently being
designed) and
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coordinating
the legislative activities of the Parliaments of all Members to assure that
all national laws of common interest will be as similar as possible,
particularly for assuring common structures and rates for taxes and customs
duties for implementing a regional economic community with no internal
economic barriers.
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The
activities of this Secretariat will be limited to coordination and may include
organizing joint committees for specific tasks, but it will only provide
recommendations and no binding rules upon any of the Members or their
Parliaments.
2.4
Transitional Federal Secretariat for Regional Economic Development
The
Transitional Federal Secretariat for Regional Economic Development will have its
main offices in Hargeisa. It will
be responsible for organizing and implementing planning for cross-border
regional economic development. Examples will include:
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planning
for the creation of a regional economic system with common tax structures
and no customs duties across internal national borders (eliminating all
incentives for smuggling), common custom duties vis-a-vis the rest of
the World, and a free flow of people and goods across internal national
borders,
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planning
for a regional road network for best meeting the transportation needs of the
people on the Horn of Africa, independent of where the national borders may
lie,
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planning
for a regional communications system for best meeting the communications
needs of the people on the Horn of Africa, independent of where the national
borders may lie, and
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planning
for regional economic development of the natural economic zones on the Horn
of Africa, such as farming areas, nomadic grazing areas, rivers, and areas
supported by major ports -- all independent of where the national borders
may lie.
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Each
participating Member will send its experts as appropriate to work together
within this Secretariat for implementing such regional planning.
The implementation of such regional plans will then be broken down into
national subplans, where each Member will be responsible for implementing these
subplans within their own national territory.
This Secretariat itself will have no authority of enforcement upon the
Members for the implementation of these regional development plans.
2.5
Transitional Federal Secretariat for Regional Education and Cultural Development
The
Transitional Federal Secretariat for Regional Education and Cultural Development
will have its main offices in Hargeisa. It
will be responsible for organizing and implementing planning for cross-border
regional education and cultural development for the Somali people, regardless of
where they live.
In
particular, this will include the development of standard curricula for primary
and secondary education in the Somali language, standard textbooks and
educational materials in the Somali language, and standard training of teachers
for teaching in the Somali language.
The
implementation of education, operation of schools, operation of teacher
training, etc. will be accomplished by the Ministries of Education in each of
the Members. However, this
concentration of development activities at the regional level will assure
cost-effective development activities, by avoiding unnecessary duplication of
effort, higher standards of quality than otherwise realizable, and unhindered
movement of teachers and pupils across national borders while staying in
essentially the same educational system, even if operated by different national
and local governments.
This
will satisfy a major goal of the Somali people, for cultural unification,
without challenging existing post-colonial national borders or the political
jurisdiction of the different sovereign and independent countries where the
Somali people live.
Each
participating Member will send its experts as appropriate to work together
within this Secretariat for implementing such educational planning at the
regional level. The implementation
of regional educational and cultural plans will then be broken down into
national subplans, where each Member will be responsible for implementing these
subplans within their own national territory.
This Secretariat itself will have no authority of enforcement upon the
Members for the implementation of these regional plans.
3
Financing
The
Transitional Federation will collect no taxes itself. The Transitional Federal Council will create a reasonable
budget for its operations. It will
then allocate the responsibility for providing the necessary financing to its
Members. It may also seek financial
support in the form of grants from the International Community, but not in the
form of loans, since it is not a sovereign state and can not itself guarantee
repayment of loans. The
Transitional Federal Council may create an administrative Office of the Budget
for handling the purely financial aspects of its funding and operations.
4
The Future of the Transitional Federation
The
duration of the Transitional Federation will be for a period of 3 years.
Within this time, separate national referenda will be held in each of the
two Full Members, so that their citizens will have an opportunity to use self
determination in selecting the future forms of cooperation that they mutually
desire.
The
Full Members have the right to withdraw from the Transitional Federation at any
time, by giving 60 days written notice to the other full Member, thereby
terminating the existence of the Transitional Federation.
A
major purpose of the Transitional Federation is to give the people on the Horn
of Africa, including the Somali people in particular, a transitional period with
immediate and effective cooperation and coordination as appropriate, in which
they can carefully evaluate the form and extent of any bilateral or regional
integration and cooperation that they want to institutionalize on a longer-term
basis. In particular, this
Transitional Federation is designed to alleviate the international pressures
from outside of the Horn of Africa for an immediate bilateral re-unification
between the Republic of Somalia and the Republic of Somaliland -- without
consideration for either the strategic interests or the desires of the citizens
on the Horn of Africa.
Signed
on ____ at __________
by
_____________ for the Republic of Somalia and
by
_____________ for the Republic of Somaliland
as
Full Members.
Endorsed
on
____ by ___________ for Djibouti,
on
____ by ___________ for Eritrea,
on
____ by ___________ for Ethiopia, and
on
____ by ___________ for Kenya
as
Associate Members.
< Appendix 2 >
© Davies Consulting
GmbH 1994, 1995, & 2001
[Notes
for Writers: Bookmarks are installed at the beginning of each number
section, i.e. 1, 1.1, etc.]
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