The Declaration Of The Aqils And Traditional Leaders Of East Of Hargeisa Region

[Suldaanka]

Hargeysa (Somaliland Net) - The aqils and traditional leaders of East of Hargeisa, held a three-day seminar on March 07 -09, 2004 on the issues related to Human rights and Peace at the Ambassador Hotel, Hargeisa.

 

We have discussed thoroughly the human rights violations within our customary law and traditional practices that have harmful effects to the rights of a person and the society and have led to conflicts and recurrent unlawful incidents. These issues include unjustified killing, payment of blood compensation (diya), rape, violation of women and girls’ rights, discrimination of minority clans, violations of the rights of the foreigners and guests, destruction of the environment, grazing land, communal and public property, water problem in Hargeisa and in furtherance of peace and stability. After thorough and complete discussions, we, the aqils and traditional leaders of East of Hargeisa do hereby declare the following:

 

We uphold Shariah Law and all its provisions protecting human rights of all individuals;

 

We adhere to the Universal Declaration of Human Rights as stated in our Somaliland Constitution;

 

We agree to abolish all harmful xeer and traditional practices violating human rights;

 

We recognize the importance of the traditional institution and leaders to be united and to perform our role in the protection of human rights, justice and peace;

 

We agree to put the interest of the general public first before our personal and narrow clan interests and to work for our general public in a competent manner.

 

The following are the specific resolutions of this seminar:

 

1. Local Customary laws

To abolish all tribal customary laws that violate Islamic Sharia and human rights.

 

2. Unjustified killing

Unjustified killing and all criminal acts are crimes against the people of Somaliland. Therefore, we should decisively commit ourselves that the killer and criminal should be brought before the law and not to protect and hide our wrongdoers. If after all efforts are exhausted by the concerned aqils and traditional leaders to catch the criminal from their tribe but failed to bring him/ her to justice, they should swear before the Holy Qor’an of their honest and sincere efforts.

 

3. Revenge Killing

To stop and absolutely prohibit revenge killing and all acts related to revenge violating the security and rights of innocent people who are not responsible of the wrongdoing and give rise to lawlessness and violent conflicts. Anybody who assists in the revenge killing should likewise be punished.

 

4. Blood Compensation or Diya Payment

a. The main purpose of the diya is to alleviate the misery of the victim’s family and not to protect the wrongdoer.

b. Only the immediate family of the victim has the right to receive full payment as they have the right according to Shariah.

c. The value of loss of life is 100 camels or its equivalent in cash regardless of the importance and social status of the deceased as the Shariah says.

d. In the case of murder, the criminal should be the first to take the burden of payment and what he cannot afford, the clan members will contribute.

e. In the case of accidental killing, the clan members should collectively pay the diya.

 

5. Rights of Women and Children

To protect the rights of women and children and abolish discrimination.

a. Provision and fair division of inherited wealth after the death of a relative or parent under Sharia Law and human rights;

b. Giving the right and freedom to women and widows to decide on whom to marry without precondition and restrictions;

c. To give the widow and her children, both boys and girls, their right to property and inheritance;

d. In the case of rape, to punish the rapist and to prohibit forcing the victim to marry the rapist;

e. To treat our children of both sexes fairly and not to discriminate the girls’ right to education;

f. For men and fathers to take active responsibility in the family as breadwinners and good husband to their wives and educators and role models to their children;

g. Protection and provision of appropriate care and education to orphaned children, primarily by the clan and legitimate relations.

 

6. Minority Tribes

The minority tribes have equal rights under Islamic Sharia Law and human rights and therefore shall not be discriminated in any way. We have to treat them fairly and help them gain their rights in every respect. We must give them equal voice and participation in decision making and employment. We must respect their rights to marry those from the majority clans.

 

 

7. Foreigners and foreign aid workers

a. To respect and protect the rights of foreigners, their lives, property and dignity and to educate the people to safeguard the rights of the foreigners;

b. To make every effort to bring to justice those who have committed crimes against them;

c. To value their contributions to our development;

d. The foreigners should follow the rules and regulations of Somaliland.

 

8. Safeguarding the Environment

Our grazing land is in critical condition because of massive cutting of trees, enclosures and establishment of small settlements. The grazing land is the lifeblood of our people. We have to protect our grazing land and environment. We must:

a. Prohibit the cutting of trees in the grazing land;

b. Prohibit the fencing of the communal grazing land;

c. Not establish new settlements in the grazing land;

d. Reestablish and protect grazing reserves;

e. Develop alternative fuel and fencing materials in order to avoid cutting of trees.

 

9. Safeguarding all Public Properties and Public Infrastructures

a. To protect all schools, clinics, communal and government properties from destruction, looting, taking over of private individuals and squatters. b. All local communities should be involved in improving and sustaining the social services in their communities (education, health, water, and others)

 

10. Land Disputes

When land dispute arises, it should not be transformed into tribal dispute. It should be left for the local government to handle.

 

11. Water Shortage in Hargeisa City

The first priority for water from Hargeisa City should be for human consumption. As there is severe shortage of water, the water in Hargeisa should not be used for farming.

 

12. Reinforcing Peace

Peace and stability is the basis of constructive life and development of the individual and community in general. Thus, we believe that everybody needs peace. The following foundations need to be implemented:

a. The government must reinforce security and the clans and individuals must contribute to peaceful living until peace takes strong roots.

b. Everybody should cooperate for the preservation of peace and bring before the law all individuals and groups who are disturbing peace.

c. Individuals and groups who believe that their rights have been violated must take the lawful process to attain their rights but he/ they cannot take the law in his/ their own hands, so as not to violate other persons rights.

 

Conclusion:

Finally, we declare and inform all the communities that the East Hargeisa aqils are not responsible to individuals and groups whose acts violate peaceful coexistence and development of the community.

 

Clans and individuals that have pending issues shall resort to negotiated settlements and mutual respect of all involved rights regardless of the clan size and individual capacities.

 

Finally, we remain indebted and thankful to the Danish Refugee Council (DRC) for the technical and financial support they have made available to the aqils without which this meeting would have bear no fruits.

 

THANKS TO GOD

9 March 2004

[Fyr]

d

[Ace of Spadez]

There was a similar decleration by the Caqils from Togdheer not while ago. Here it is.

 

 

What traditional leaders have to say about human rights

REPUBLIC OF SOMALILAND

HOUSE OF AQILS, TOGDHEER REGION, BURAO

 

 

SUBJECT: THE HOUSE OF AQILS’ DECLARATION

 

 

Togdheer Aqil House has organized a one-week meeting in Burao attended by the Togdheer-based community aqils. The aqils discussed and produced a declaration to curb the prevalence of the most common issues that cause inter-clan conflicts and the recurrent unlawful incidents that violate Islamic Sharia and human rights and remain a barrier to peaceful co-existence and development.

 

These issues include unjustified killing, rape, violation of women’s rights, discrimination of minority clans and the care and management of orphaned children to find solutions for societal recurrent problems, like blood compensation (diya), in furtherance of peace and stability. They further discussed the negative aspects of tribal xeer, delayed decision-making in inter-clan conflicts which violate Islamic Shariah and human rights. So after thorough and complete discussions, the aqils have agreed and drawn the following declaration based on Islamic Sharia and human rights which will be published to benefit all Somaliland communities.

 

 

1. Local Customary laws

 

To commit themselves to abolish all tribal customary laws that violate Islamic Sharia and human rights.

 

2. Unjustified killing

 

To decisively commit themselves that the killer or suspected killer should be brought before the law without cover-up tactics and protection.

 

3. Revenge Killing

 

To stop revenge killing and all acts related to revenge that violate the security and rights of innocent people who are not responsible of the wrongdoing.

 

4. Unsettled Disputes

 

To give priority in taking appropriate action on pending issues that are most likely to create new conflicts and revenge acts and encourage the victim’s clans to have the trust in negotiated settlement without resorting to violence.

 

5. Protection of the Rights of Women and Children

 

To protect the rights provided by Shariah to women and children, for example:

 

a. Provision and fair division of inherited wealth after the death of a relative or parent under Sharia Law and human rights;

b. Giving the right and freedom to widows to decide on whom to marry without precondition under the provision of Sharia Law;

c. Protection and provision of appropriate care and education to orphaned children, primarily by the clan and legitimate relations, collecting and handling over to proper caretaker of children without parents and/or caretakers.

 

6. Marriage

 

Community is generated from a family and a good family is established by appropriate and legal marriage. The success of lasting marriage comes from the freedom of choice of partners, abiding by the principles of married life and shared respect and patience of marriage partners.

 

7. Divorce and Right to Property of Women

 

Divorce is the only Shariah Law that Allah permits and yet hates most. And the Satan loves separation of married partners. Thus, special precautions should be exercised by all marriage partners and relevant clans to protect legitimate marriage.

 

If divorce is unavoidable, peaceful and amicable settlement of her property must be finalized under Sharia Law. After the divorce, the separated parents must both give attention to the welfare and upbringing of their children.

 

8. Minority Tribes

 

The aqils have agreed that minority tribes have equal rights under Islamic Sharia Law and human rights and therefore shall not be discriminated in any way.

 

9. Foreigners

 

The aqils have agreed to respect and protect foreigners, their lives, property and dignity as prescribed by Islamic Sharia Law.

 

10. Reinforcing Peace

 

Peace and stability is the basis of constructive life and development of the individual and community in general. Thus, we believe that everybody needs peace. The following foundations need to be implemented:

 

a. The government must reinforce security and the clans and individuals must contribute to peaceful living until peace takes strong roots.

b. Everybody should cooperate for the preservation of peace and bring before the law all individuals and groups who are disturbing peace.

c. Individuals and groups who believe that their rights have been violated must take the lawful process to attain their rights but he/ they cannot take the law in his/ their own hands, so as not to violate other persons rights.

d. Collect all illegal weapons and store in a safe place. No weapon should be carried in the streets to avoid fear and insecurity to the public.

 

Conclusion:

Finally, we declare and inform all the communities that the Togdheer aqils are not responsible to individuals and groups whose acts violate peaceful coexistence and development of the community.

 

We shall give priority to the conclusion of unsolved inter-clan conflicts within Togdheer region in all areas permitted by the circumstances.

 

Clans and individuals that have pending issues shall resort to negotiated settlements and mutual respect of all involved rights regardless of the clan size and individual capacities.

 

Finally, we remain indebted and thankful to the Danish Refugee Council (DRC) for the technical and financial support they have made available to Burco Aqil House without which this meeting would have bear no fruits.

 

THANKS TO GOD

 

2 September, 2003

 

CUQAASHA GOBOLKA TOG-DHER EE ISKU RAACAY BAAQAN.

 

(all the names of participating 57 aqils and 17 advocates and signatures)

[AYOUB]

Images of the House of Aqils of Togdheer

by Posted by Yvette Lopez of Taste of Somaliland

 

The House of Aqils of Togdheer with Victoria (the lone female) of DRC taken during their Human Rights Conference.

 

 

An Aqil signing the Human Rights Declaration.

 

Aqils meeting the villagers of Ainabo

 

 

and the villagers of Odweine

 

'

*First four photos courtesy of DRC-Somaliland

[AYOUB]

Aqil Mohamed explaining their initiatives to Human Rights NGOs during the syposium on Peace and Security (December 10,2003)

 

 

Addressing the people at the kharia (public square) during the International Human Rights Celebration

 

In a caucus with NGO leaders of Togdheer, their first time to work with civil society groups.

 

The Aqils of Togdheer (in the middle) with the rest of Human rights leaders from different regions.

 

Togdheer Aqils with Bashir, Victoria and the author

 

 

 

Knowing the Aqils

By Yvette Lopez of Taste of Africa web logg

"Sheer beleed" or peace conferences were composed mostly of these men. The 1993 Borama conference granted these traditional leaders a separate legislative chamber of their own in the government structure of Somaliland. It is known as the Guurti, the collective voice of various clan leaders. This is one distinct feature of Somaliland government, which is a fusion of traditional and "modern" leadership models.

 

Among the traditional leaders, there are the Aqils, the head of the diya-paying group in the intricate clan system of Somaliland. Some of their functions are to act as a judge (within their clan) or negotiator (in situations that require inter-clan dialogues) upholding the "Xeers" or customary laws that govern the traditional practices on issues such as inherited marriages, revenge killings or any conflict that involves the clan.

 

In an oral society like Somaliland, customary laws are not written on paper, but imprinted in the minds of these elders and are passed from one generation to another by word of mouth. Traditionally, these clan leaders are expected to possess the wisdom and protect the culture and tradition of this country. They are crucial in deciding when clans should go to war or when it should uphold peace.

 

One eastern region of Somaliland, Togdheer has one distinct traditional structure. The House of Aqils. The place where the Aqils meet and gather. Togdheer is reputed to be a place where some of the fiercest liberation fighters originated. It straddles a strategic location connecting the capital to the east. They too are represented in the Guurti.

 

The first Aqils I worked with are from this region. They hold the pioneering role in acting on human rights issues in the country. They traversed the road very few attempted to take, they initiated changes in customary laws.

 

In September last year, upon the initiative of the younger clan leaders, Togdheer's House of Aqils met, debated and agreed on issues affecting issues on human rights. Togdheer's Governor Abdi Hussein recognized their crucial role when he said during his opening speech “The Aqils are the thread that connects the government and the communities; any interventions concerning peace and development will not be successful without the participation of the Aqils” .

 

With the Danish Refugee Council (DRC) the gathering was held upon the initiative and request of the younger Aqils who want to effect change. Some of these changes on customary laws related to women's right to choose their spouse.

 

“If the marriage does not happen between two consenting individuals, it will not last and will not result to a good and stable marriage. If we allow the woman and give her the freedom to choose her husband then, there is a huge chance that marriage will work..” Aqil Shukri explained.

 

This was supported by Sheikh Ahmed Sheikh Ali Yusuf who attended the same event when he said: " “If a woman’s husband dies, she is free as she was in the beginning. We do not have the authority to tell her that she cannot get married. Inherited and forced marriage cause child neglect, lawlessness and conflict. So God is telling us that the woman is free to choose and to marry.”

 

Inherited marriage is only one of the issues they tackled. Controversial and sensitive issues such as revenge killings or "Ano" is another major concern they want to change.

 

As a result of the conference a Declaration was passed and signed by the leaders of the House of Aqils.

 

After the gathering, they travelled to far flung villages and informed the people who were gladly surprised by this development and like the traditional Somali way of gathering they met and discussed with the people ...under the tree.

 

As a result, there are reports that after women heard about the initiative, widows have started marrying the men they have long wanted to marry, not by the virtue of his relationship to her deceased husband, but of their choice.

[Liqaye]

Impressive i hope for all of us that it will last for a long time to come, and that treaties signed under the shade of acacia is not forgotten in the din of battle.

 

Amiin