Final Agreement from the National Reconciliation Commission-led Initiative

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Country/entity: Somalia
Region: Africa (excl MENA)
Agreement name: Final Agreement from the National Reconciliation Commission-led Initiative
Date: 15 Jan 2007
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local conflict
Somali Civil War (1991 - )
Originally spurred by centre-peripheral tensions, fighting broke out in 1981 between the regime of President Said Barre and the Somali National Movement, a militia primarily consisting of members from the northern Ishaq clan. Fighting intensified in the late 1980s as more clan-based militias arose. President Barre’s regime collapsed in late 1991 and as a result the UN intervened. However persistent attacks on the UN’s forces forced a withdrawal in 1994. From the mid- to late 1990s, the character of the conflict shifted as warlords fought for access to rents. Also during this period, two different peace agreements arose; the Sodere Declaration, which was mediated by Ethiopia and supported by IGAD, and the Cairo Accord, which was brokered by Egypt. Fighting, already noticeably lessened compared to the early 1990s, decreased and the more amicable environment paved the way for the Transitional Government to be formed in 2000 (replaced in 2004 by the Transitional Federal Government).

Nonetheless, opposition to the TFG arose in the form of the Islamic Courts Union (ICU), which by early 2006 had taken control of most of southern Somalia until they were ousted by an armed intervention by Ethiopia in December 2006. As a result, the ICU splintered. Hard-line ICU members formed the Takfiri organization, Harakat al-Shabaab al-Mujahideen, and launched a guerrilla campaign against the TFG. Another faction of the ICU fled to Djibouti and formed the Alliance for the Re-liberation of Somalia, which was absorbed into the ruling TFG after successful negotiations in 2007.

To deal with the new round of fighting, the UN-mandated AMISOM force was deployed in 2007. Since then, insecurity has fluctuated between the urban and rural areas as the al-Shabaab's territorial gains waver. Local militia leaders maintain de facto governance over communities. From 2009 to 2012, insecurity spilled over into the Gulf of Aden and the Indian Ocean when Somali pirates seized, looted and ransomed ships. In 2014, 'Operation Indian Ocean' was launched and in parallel with infighting among al-Shabaab, the organisation's position in Somalia has diminished slightly. However, as evidenced by large-scale attacks by al-Shabaab in northern Kenya throughout 2013-2015, the lack of security continues to destabilize the region. Al-Shabaab continues to launch surprise attacks with the aim of forcing out foreign military presence in Somalia. Targets include both military forces and civilians. The devastating attack in October 2017 in Mogadishu saw 587 fatalities and resulted in a renewed military offensive by the Somali government and African Union allies. Since 2017, the U.S. has increased its air strikes targeting al-Shabaab militants, and in December 2018 they announced to re-establish a permanent diplomatic mission in the country. Al-Shabaab has been characterized as a spoiler in the Somali peace process and have therefore been placed outside of any negotiations.
Stage: Framework/substantive - comprehensive
Conflict nature: Inter-group
Peace process: Somali Local Peace Processes
Parties: Hubeer & Yantaar clan (sub-clans of the Mirifle clan):

Names of Yantaar Delegates
1. Malaq Caliyaw Mahamed Wardhere 2. Malaq Maadey Cabdi Nur
3. Malaq Dadir Macalin
4. Malaq Cabdi Rashid Sh/ Cabdi
5. Malaq Cabdi Rashid Sh/ Mahamed 6. Malaq Husein Aftimo Bulle
7. Oday Arabaw Abdrihman
8. Ahmed Ibrahim Ali
9. Mursal Mohamed Kulan
10. Moalim Abdulahi Qalimow 11. Hashi Cali Yusuf
12. Sheikh Osman Jawarey
13. Ibradim Ali Mursal
14. Sheikh Xasan Omar
15. Haji Mohamed Abdi
Names of Hubeer Delegates
1. Ugaas Hassan Shure Mahamud 2. Malaq Aadan Salad Nur
3. Malaq Miris Husein Hassan
4. Malaq Iftin Ali Kusanow
5. Member Madey Abdi Jirow
6. Member Sharma’arke Abdi Abdirahman 7. Sh.Ibrahim Jibril Aliyow
8. Derow Aadan Mursal
9. Madey Hassan Ali Kus
10. Kalar Maney Abdulle
11. Bukay Ali Aan
12. Armiye Sheikh Abdulkdir
13. Ma’alin Musalim M. Nur
14. Sh. Husein Sh. Ibrahim
15. Ali Yarow Dahir
Third parties: Abdulahi Osman Du’ale, Vice chairman of Idale and chairman of the National Reconciliation Commission;
Minister National Reconciliations Subject;
Minister of National security;
Prime Minister of TFG;
The head of Somalia police force;
The head of Bay police forces;
The chairman of Bay region

Burhakabe District
1. Sheikh Mohamed Nur Sheikh Hussein
2. Haji Malaq Aadan Abdirahman
3. Malaq Aamin Abdiyow Hussein
4. Malaq Haji Mohamed Malin Ali
5. Malaaq Yare Ali Osman
6. Malaq Abdi Salan Sheikh Ibrahim
7. Malaaq Osman Yarow Bulle
8. Malaaq Sidow Aadan Moalin
9. Malaaq Hilowle Hussien Ali Yarow
10. Mohamed Ali Gaab (the chairperson of security)
11. Abdi Rashid Hassan Ali (the vice person of station)
12. Mugwaal Nur Moalin (the chairperson of youth center)
13. Sharif Sheikh Yerow Sheikh Abdulatif
14. Haji Abdulahi Moalin Shati
15. Abdulahi Sidow Sheikh Yerow

Berdale District
1. Sheikh Bayadir Sheikh Abdirahman Bababey
2. Sheikh Aamin Abdi Aadan
3. Malaaq Hussein Abdi Ali
4. Hussein Hassan Moalin
5. Mohamed Mursal Aadan

Ufrow District
1. Sheikh Haji Abduladif Sheikh Ibrahim
2. Ugaas Hussein Mursal Ma’an
3. Haji Aadan Iiman Arab
4. Yusuf Moalin Abdow
5. Nurow Warsame Dheer
6. Abdow Qoore Warbuuk
7. Ugaas Isaaq Ibrahim Hassan

Durey- Eemid District
1. Ali Sheikh Mohamed Nur Sheikh
2. Hassan Mohamed Robow
3. Ibrahim Muqtar Ali

Qansaxadhere District
1. Aliyow Sagaar Mohamed
2. Mohamed Uudey Aadan
3. Mad Isaaq Uburow
4. Cah Jerbey Hassan
Description: Peace agreement regarding the ownership of Idale village. Agreement preamble has extensive description of conflict resolution project.

Agreement document: SO_070115_Final Agreement National Reconciliation Commission-led Initiative.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Rhetorical
Page 6, Final Agreement National Reconciliation Commission-led Initiative
The decision on the reconciliation
After listening to the claims of both sides; after listening to the mediators who visited the conflict area; after hearing the testimony of persons on the causes of the conflict; after interviewing the Malaqyo and the religious groups of Bay regions who were well-informed on Idale affairs; after conducting extensive research into the history of the community; the committee formed decisions as follows:...
Religious groups: Groups→Religious groups→Rhetorical
Page 6, Final Agreement National Reconciliation Commission-led Initiative
The decision on the reconciliation
After listening to the claims of both sides; after listening to the mediators who visited the conflict area; after hearing the testimony of persons on the causes of the conflict; after interviewing the Malaqyo and the religious groups of Bay regions who were well-informed on Idale affairs; after conducting extensive research into the history of the community; the committee formed decisions as follows:...
Groups→Religious groups→Other
Page 1, Untitled Preamble, ... The particular shock was that two mosques were destroyed, with the holy Koran cut and burned. The committee declared that those responsible had committed a serious violation of Islam.

Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
When the committee reviewed:
... 4. The majority of houses, trade, mosques, and planted trees belong to the Yantaar.

Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
Agreed decision:
1. The offences of burning Idale village, destroying the mosques and cutting the planted trees were charged as the responsibility of the Hubeer sub-clan.

Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
Request
1. The committee requested all religious groups, Malaqyo and intellectuals of Digil and Mirifle to support the decision and implement it with good intention and act in order to stop the conflict.

Page 4, Agreement in the NRC-led peace initiative
Clarification of reconciliation acceptance
Malaqyo, religious groups and intellectuals of Yantaar are the delegates who participated in the reconciliation of the two clans Hubeer and Yantaar as their names signed below. They confirmed that they will be guided by whatever decisions concerning the reconciliation of the two clans is reached by the National Reconciliation Commission who mediate Hubeer and Yantaar clans.

Page 5, Agreement in the NRC-led peace initiative
... The participants were specific individuals assigned to end the disputes between the clans, including Malaqyo and religious groups selected from the region and delegates representing both sides, with each side comprising 15 members who selected four persons to talk on their behalf.

Page 5, Agreement in the NRC-led peace initiative
... At the end of the presentations by both sides, the committee needed further information and it was deemed necessary to send delegates to Idale village accompanied by Malaqyo, religious groups, and police forces. They met the neighboring clans and questioned them about the fighting and visited the location where the fighting had started. Subsequently they met members of the two clans and discussed how to solve the conflict. They asked the clans to forget the past and restore their brotherly relationship and to abide by the decisions issued by the National Reconciliation Commission. Both sides welcomed this and promised to accept the decision of National Reconciliation Commission.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 4, Agreement in the NRC-led peace initiative
Clarification of reconciliation acceptance
Malaqyo, religious groups and intellectuals of Yantaar are the delegates who participated in the reconciliation of the two clans Hubeer and Yantaar as their names signed below. They confirmed that they will be guided by whatever decisions concerning the reconciliation of the two clans is reached by the National Reconciliation Commission who mediate Hubeer and Yantaar clans.

Page 5, Agreement in the NRC-led peace initiative
... The participants were specific individuals assigned to end the disputes between the clans, including Malaqyo and religious groups selected from the region and delegates representing both sides, with each side comprising 15 members who selected four persons to talk on their behalf.

Page 5, Agreement in the NRC-led peace initiative
... At the end of the presentations by both sides, the committee needed further information and it was deemed necessary to send delegates to Idale village accompanied by Malaqyo, religious groups, and police forces. They met the neighboring clans and questioned them about the fighting and visited the location where the fighting had started. Subsequently they met members of the two clans and discussed how to solve the conflict. They asked the clans to forget the past and restore their brotherly relationship and to abide by the decisions issued by the National Reconciliation Commission. Both sides welcomed this and promised to accept the decision of National Reconciliation Commission.

Page 6, Final Agreement National Reconciliation Commission-led Initiative
The decision on the reconciliation
After listening to the claims of both sides; after listening to the mediators who visited the conflict area; after hearing the testimony of persons on the causes of the conflict; after interviewing the Malaqyo and the religious groups of Bay regions who were well-informed on Idale affairs; after conducting extensive research into the history of the community; the committee formed decisions as follows:...
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
Sub-state level
Page 6, Final Agreement National Reconciliation Commission-led Initiative
The decision on the reconciliation
... 5. The committee issues that Idale village chairmanship will be given to the Yantaar clan and the vice chairmanship will be given to the Hubeer clan.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
Agreed decision:
... 2. 33 of the 37 members of the committee agreed that the land belonged to the persons who used the land appropriately and carefully in line with Sharia and the community judged that the Yantaar own the productivity of Idale and have the right to manage the village. The rest of the sub-clan accepted the judgment.

Page 6, Final Agreement National Reconciliation Commission-led Initiative
The decision on the reconciliation
... 4. The person who kills will be killed, and the responsibility of capturing him will be charged to his clan in collaboration with Somali national security forces and if the killer escapes and it is clarified that his clan was involved in this, they will be fined 200 camels - 100 camels in compensation and 100 camels as a fine. If he captured over whatever period, and if it is recognised that his clan was not involved in his escape, they will pay only 100 camels as compensation and capturing the killer whenever he is seen.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
When the committee reviewed:
... 4. The majority of houses, trade, mosques, and planted trees belong to the Yantaar.

Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
Agreed decision:
1. The offences of burning Idale village, destroying the mosques and cutting the planted trees were charged as the responsibility of the Hubeer sub-clan.
International funds: No specific mention.
Business: Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
When the committee reviewed:
... 4. The majority of houses, trade, mosques, and planted trees belong to the Yantaar.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Land reform and management
Page 6, Final Agreement National Reconciliation Commission-led Initiative
The decision on the reconciliation
... 2. Idale village was owned by God, then by Somalis, and it will be resided in by every person who is Somali and has documentation [property rights/ deeds].
Land, property and environment→Land reform/rights→Property return and restitution
Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
When the committee reviewed:
... 4. The majority of houses, trade, mosques, and planted trees belong to the Yantaar.
5. The farms, wells and water catchments surrounding Idale are owned by the Yantaar.
6. The Hubeer confessed that a well in existence for 86 years was dug by the Yantaar.
7. We listened to testimony that the sub-clan burned Idale in order that it would not to be resettled again and not become pastureland.
Land, property and environment→Land reform/rights→Other land rights
Page 1, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
Committees consisting of five sub-clans of the Mirifle clan and known as Sagal and Sideed met at Qansaxadhere district where Yantaar and Hubeer had been fighting for about one year. The reason for the conflict was the ownership Idale village. Each clan claims ownership of the Idale village located on the road between Baidoa and Dinsoor, crossing an area know as Dooy (meaning pastureland). The committee is composed of 37 members representing districts such as Qansaxadhere, Ufrow, Dureey, Eemid, Buurhakabe, Berdale and Tooswayne, and they selected amongst themselves three chairpersons (shirgudoon) and a secretary.

Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
When the committee reviewed:
... 7. We listened to testimony that the sub-clan burned Idale in order that it would not to be resettled again and not become pastureland.

Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
Agreed decision:
... 2. 33 of the 37 members of the committee agreed that the land belonged to the persons who used the land appropriately and carefully in line with Sharia and the community judged that the Yantaar own the productivity of Idale and have the right to manage the village. The rest of the sub-clan accepted the judgment.

Page 6, Final Agreement National Reconciliation Commission-led Initiative
The decision on the reconciliation
... 3. Each person who is a resident in Idale has the right to own legal properties and no one has the authority to take it from him.
Pastoralist/nomadism rights: Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
When the committee reviewed:
... 3. Idale includes pastureland and both sub-clans have the same livelihoods in the districts they share as Digil-Mirifle clan, including districts Manas, Dharqo, Raama Adoy, Safar- Nolay, Ofka-Aan and Idale.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
When the committee reviewed:
... 5. The farms, wells and water catchments surrounding Idale are owned by the Yantaar.

Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
When the committee reviewed:
... 6. The Hubeer confessed that a well in existence for 86 years was dug by the Yantaar.

Security sector

Security Guarantees: Page 6, Final Agreement National Reconciliation Commission-led Initiative
The decision on the reconciliation
... 4. The person who kills will be killed, and the responsibility of capturing him will be charged to his clan in collaboration with Somali national security forces and if the killer escapes and it is clarified that his clan was involved in this, they will be fined 200 camels - 100 camels in compensation and 100 camels as a fine. If he captured over whatever period, and if it is recognised that his clan was not involved in his escape, they will pay only 100 camels as compensation and capturing the killer whenever he is seen.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 5, Agreement in the NRC-led peace initiative
[Untitled sub-section]
When the period of the agreed ceasefire ended, a violent conflict occurred in Idale between the Federal Government and the Islamic Courts Union, which caused devastation. The delegates were not able to come together in the assigned period and for that reason a common decision was taken to extend the period for another 10 days.

Page 5, Agreement in the NRC-led peace initiative
[Untitled sub-section]
... When the second period of ceasefire concluded, a conference was opened at the National Reconciliation centre with the aim of resolving the protracted conflict between the Hubeer and Yantaar (sub)-clans.
Police: Page 5, Agreement in the NRC-led peace initiative
[Untitled sub-section]
... At the end of the presentations by both sides, the committee needed further information and it was deemed necessary to send delegates to Idale village accompanied by Malaqyo, religious groups, and police forces. They met the neighboring clans and questioned them about the fighting and visited the location where the fighting had started. Subsequently they met members of the two clans and discussed how to solve the conflict. They asked the clans to forget the past and restore their brotherly relationship and to abide by the decisions issued by the National Reconciliation Commission. Both sides welcomed this and promised to accept the decision of National Reconciliation Commission.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: Transitional justice→Courts→National courts
Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
Agreed decision:
1. The offences of burning Idale village, destroying the mosques and cutting the planted trees were charged as the responsibility of the Hubeer sub-clan.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 6, Final Agreement National Reconciliation Commission-led Initiative
The decision on the reconciliation
... 4. The person who kills will be killed, and the responsibility of capturing him will be charged to his clan in collaboration with Somali national security forces and if the killer escapes and it is clarified that his clan was involved in this, they will be fined 200 camels - 100 camels in compensation and 100 camels as a fine. If he captured over whatever period, and if it is recognised that his clan was not involved in his escape, they will pay only 100 camels as compensation and capturing the killer whenever he is seen.

Page 6, Final Agreement National Reconciliation Commission-led Initiative
The decision on the reconciliation
... 6. No person is entitled to damages incurred during the clashes except those killed during the ceasefire process.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
Agreed decision:
... 3. The committee commanded Hubeer to accept the committee judgments and follow the committee’s decision.

Page 2, Agreement in the NRC-led peace initiative
Committee decision concerning Idale
Request
... 2. The committee asked that the Transitional Federal Government, particularly those members who are part of the parliament and especially the Ministers of Judiciary and Reconciliation, to give support for the implementation of the decision.

Page 6, Final Agreement National Reconciliation Commission-led Initiative
The decision on the reconciliation
...1. The clan who refuses the decision issued by the committee will be liable for a fine of 100,000,000 So. Shillings and if they did not pay within 15 days, they will forfeit 100 camels, and if they did not pay they will be enforced to pay.
Related cases: No specific mention.
Source: Source: Ibrahim Ali Amber ‘Oker’, Community-based Peace Processes in South Central Somalia (ed.) Mark Bradbury (Somalia: The Center for Research and Dialogue & Interpeace, 2008), p. 111-114

Agreement in the NRC-led peace initiative, 15 January 2007

Somalia Republic

National Reconciliation Commission

Ref: _________________ Date:

15/01/2007

Committee decision concerning Idale

Committees consisting of five sub-clans of the Mirifle clan and known as Sagal and Sideed met at Qansaxadhere district where Yantaar and Hubeer had been fighting for about one year.

The reason for the conflict was the ownership Idale village.

Each clan claims ownership of the Idale village located on the road between Baidoa and Dinsoor, crossing an area know as Dooy (meaning pastureland).

The committee is composed of 37 members representing districts such as Qansaxadhere, Ufrow, Dureey, Eemid, Buurhakabe, Berdale and Tooswayne, and they selected amongst themselves three chairpersons (shirgudoon) and a secretary.

On 12 September 2005 they opened peace dialogue between Hubeer and Yantaar, with each clan represented by 20 persons.

The committee listened carefully to the claims of both sides, showing great patience and tolerance.

The difficulties of the case meant it was necessary to visit the location where the conflict had taken place.

The committee requested the two sub-clans to accompany them and show them what had happened, which was accepted.

On 13 September the committee traveled to the disputed area in a mission comprising 20 members from each sub-clan and 37 peace delegates, with one day for travel, another two days to research the facts presented by each sub-clan to the committee.

The committee made great efforts to conduct further research, visiting farmlands, wells, water catchments, pastureland and other villages where farms belonging to the Hubeer and Yantaar sub clans were burnt down.

The committee saw that Idale village was entirely burnt down, sparing no houses or businesses, whether owned by the rival sub-clans of Digil/ Mirifle or other clans who were also affected.

Nothing survived the fire.

The particular shock was that two mosques were destroyed, with the holy Koran cut and burned.

The committee declared that those responsible had committed a serious violation of Islam.

On 16 September the committee completed its research and returned to Qansaxadhere.

On 17 September, both the Hubeer and Yantaar sub-clans placed their confidence in the committee to take the appropriate decision on judging ownership of Idale village.

The committee responsible for resolving the Hubeer and Yantaar conflict concerning Idale reached their decision and made the following points:

When the committee reviewed:

Both clans are part of the Mirifle clan, notably of the Sagaal and Labadhahood.

They are neighbours and have permanent inter-relationships.

Idale includes pastureland and both sub-clans have the same livelihoods in the districts they share as Digil-Mirifle clan, including districts Manas, Dharqo, Raama Adoy, Safar- Nolay, Ofka-Aan and Idale.

The majority of houses, trade, mosques, and planted trees belong to the Yantaar.

The farms, wells and water catchments surrounding Idale are owned by the Yantaar.

The Hubeer confessed that a well in existence for 86 years was dug by the Yantaar.

We listened to testimony that the sub-clan burned Idale in order that it would not to be resettled again and not become pastureland.

After listening to the witnesses amongst the people who are members of these communities, the committee took account of the facts and visible evidence and took the following decision.

Agreed decision:

The offences of burning Idale village, destroying the mosques and cutting the planted trees were charged as the responsibility of the Hubeer sub-clan.

33 of the 37 members of the committee agreed that the land belonged to the persons who used the land appropriately and carefully in line with Sharia and the community judged that the Yantaar own the productivity of Idale and have the right to manage the village.

The rest of the sub-clan accepted the judgment.

The committee commanded Hubeer to accept the committee judgments and follow the committee’s decision.

Request

The committee requested all religious groups, Malaqyo and intellectuals of Digil and Mirifle to support the decision and implement it with good intention and act in order to stop the conflict.

The committee asked that the Transitional Federal Government, particularly those members who are part of the parliament and especially the Ministers of Judiciary and Reconciliation, to give support for the implementation of the decision.

Burhakabe District

1. Sheikh Mohamed Nur Sheikh Hussein

2. Haji Malaq Aadan Abdirahman

3. Malaq Aamin Abdiyow Hussein

4. Malaq Haji Mohamed Malin Ali

5. Malaaq Yare Ali Osman

6. Malaq Abdi Salan Sheikh Ibrahim

7. Malaaq Osman Yarow Bulle

8. Malaaq Sidow Aadan Moalin

9. Malaaq Hilowle Hussien Ali Yarow

10. Mohamed Ali Gaab (the chairperson of security)

11. Abdi Rashid Hassan Ali (the vice person of station)

12. Mugwaal Nur Moalin (the chairperson of youth center)

13. Sharif Sheikh Yerow Sheikh Abdulatif

14. Haji Abdulahi Moalin Shati

15. Abdulahi Sidow Sheikh Yerow

Berdale District

1. Sheikh Bayadir Sheikh Abdirahman

Bababey

2. Sheikh Aamin Abdi Aadan 3.

Malaaq Hussein Abdi Ali 4.

Hussein Hassan Moalin

5. Mohamed Mursal Aadan

Ufrow District

1. Sheikh Haji Abduladif Sheikh Ibrahim 2.

Ugaas Hussein Mursal Ma’an

3. Haji Aadan Iiman Arab

4. Yusuf Moalin Abdow

5. Nurow Warsame Dheer

6. Abdow Qoore Warbuuk

7. Ugaas Isaaq Ibrahim Hassan

Durey- Eemid District

1. Ali Sheikh Mohamed Nur Sheikh 2.

Hassan Mohamed Robow

3. Ibrahim Muqtar Ali

Qansaxadhere District

1. Aliyow Sagaar Mohamed 2.

Mohamed Uudey Aadan 3.

Mad Isaaq Uburow

4. Cah Jerbey Hassan

Somalia Republic

National Reconciliation Commission

Ref: _________________ Date:

15/01/2007 Subject:

Clarification of reconciliation acceptance

Malaqyo, religious groups and intellectuals of Yantaar are the delegates who participated in the reconciliation of the two clans Hubeer and Yantaar as their names signed below.

They confirmed that they will be guided by whatever decisions concerning the reconciliation of the two clans is reached by the National Reconciliation Commission who mediate Hubeer and Yantaar clans.

Names of Yantaar Delegates

1. Malaq Caliyaw Mahamed Wardhere 2.

Malaq Maadey Cabdi Nur

3. Malaq Dadir Macalin

4. Malaq Cabdi Rashid Sh/ Cabdi

5. Malaq Cabdi Rashid Sh/ Mahamed 6.

Malaq Husein Aftimo Bulle

7. Oday Arabaw Abdrihman

8. Ahmed Ibrahim Ali

9. Mursal Mohamed Kulan

10. Moalim Abdulahi Qalimow 11.

Hashi Cali Yusuf

12. Sheikh Osman Jawarey

13. Ibradim Ali Mursal

14. Sheikh Xasan Omar

15. Haji Mohamed Abdi

Names of Hubeer Delegates

1. Ugaas Hassan Shure Mahamud 2.

Malaq Aadan Salad Nur

3. Malaq Miris Husein Hassan

4. Malaq Iftin Ali Kusanow

5. Member Madey Abdi Jirow

6. Member Sharma’arke Abdi Abdirahman 7.

Sh.

Ibrahim Jibril Aliyow

8. Derow Aadan Mursal

9. Madey Hassan Ali Kus

10. Kalar Maney Abdulle

11. Bukay Ali Aan

12. Armiye Sheikh Abdulkdir

13. Ma’alin Musalim M. Nur

14. Sh.

Husein Sh.

Ibrahim

15. Ali Yarow Dahir

Abdulahi Osman Du’ale

Vice chairman of Idale and chairman of the National Reconciliation Commission

Somalia Republic

National Reconciliation Commission

Ref: _________________ Date:

15/01/2007

When the period of the agreed ceasefire ended, a violent conflict occurred in Idale between the Federal Government and the Islamic Courts Union, which caused devastation.

The delegates were not able to come together in the assigned period and for that reason a common decision was taken to extend the period for another 10 days.

When the second period of ceasefire concluded, a conference was opened at the National Reconciliation centre with the aim of resolving the protracted conflict between the Hubeer and Yantaar (sub)-clans.

The participants were specific individuals assigned to end the disputes between the clans, including Malaqyo and religious groups selected from the region and delegates representing both sides, with each side comprising 15 members who selected four persons to talk on their behalf.

At the end of the presentations by both sides, the committee needed further information and it was deemed necessary to send delegates to Idale village accompanied by Malaqyo, religious groups, and police forces.

They met the neighboring clans and questioned them about the fighting and visited the location where the fighting had started.

Subsequently they met members of the two clans and discussed how to solve the conflict.

They asked the clans to forget the past and restore their brotherly relationship and to abide by the decisions issued by the National Reconciliation Commission.

Both sides welcomed this and promised to accept the decision of National Reconciliation Commission.

Abdulahi Osman Du’ale

Vice chairman of Idale and chairman of the National Reconciliation Commission

Final Agreement National Reconciliation Commission-led Initiative, 15 January 2007

National Reconciliation Commission Ref:

_________________

To: Hubeer & Yantaar clan

Cc: Prime Minister of TFG

Cc: Minister of National security

Cc: Minister National Reconciliations Subject:

The decision on the reconciliation

Date:

15/01/2007

Cc: The head of Somalia police force Cc:

The head of Bay police forces Cc:

The chairman of Bay region

After listening to the claims of both sides;

after listening to the mediators who visited the conflict area;

after hearing the testimony of persons on the causes of the conflict;

after interviewing the Malaqyo and the religious groups of Bay regions who were well-informed on Idale affairs;

after conducting extensive research into the history of the community;

the committee formed decisions as follows:

The clan who refuses the decision issued by the committee will be liable for a fine of 100,000,000 So.

Shillings and if they did not pay within 15 days, they will forfeit 100 camels, and if they did not pay they will be enforced to pay.

Idale village was owned by God, then by Somalis, and it will be resided in by every person who is Somali and has documentation [property rights/ deeds].

Each person who is a resident in Idale has the right to own legal properties and no one has the authority to take it from him.

The person who kills will be killed, and the responsibility of capturing him will be charged to his clan in collaboration with Somali national security forces and if the killer escapes and it is clarified that his clan was involved in this, they will be fined 200 camels - 100 camels in compensation and 100 camels as a fine.

If he captured over whatever period, and if it is recognised that his clan was not involved in his escape, they will pay only 100 camels as compensation and capturing the killer whenever he is seen.

The committee issues that Idale village chairmanship will be given to the Yantaar clan and the vice chairmanship will be given to the Hubeer clan.

No person is entitled to damages incurred during the clashes except those killed during the ceasefire process.

Abdulahi Osman Du’ale

The vice chairman of Idale & chairman of the National Reconciliation Commission