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Burtinle Peace Agreement

  • Country/entity

    Ethiopia
    Somalia
    Ogaden
    Puntland
  • Region

    Africa (excl MENA)
    Africa (excl MENA)
    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name

    Burtinle Peace Agreement
  • Date

    6 May 2007
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Intrastate/local conflict ( Somali Civil War (1991 - ) )
  • Stage

    Framework/substantive - comprehensive
  • Conflict nature

    Inter-group
  • Peace process

    Somali Local Peace Processes
  • Parties

    Bah Ararsame Community;
    Omar Mohamud Community
  • Third parties

    Garaad Jama Garaad Ali Garaad Jama; Puntland Minister of Justice & Religious Affairs; Islan Bashir, Islan Bashir, Islan Abdulle; President of Puntlandl, Islan Farah; Puntland Minister of Interior; Elders of Puntland; All officials of Nugaal, Sool and Mudug regions
  • Description

    Local peace agreement following conflict over the digging for water in communal grazing area, which provides for the demolition of the wells, compensation payments for the destruction of the wells and compensation payments for the deceased. Agreement monitored by Puntland officials.


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

    No specific mention.

  • Religious groups

    No specific mention.

  • 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
    Page 1,
    ... 2. The two berkedo of Hassan Abdi Haabsade family shall remain in place, provided that new berkedo shall not be established beyond this point southwards within the grazing area.

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 1,
    [Summary] CCed into the agreement; Elders of Puntland;

    Page 2,
    ... 8. Representatives from Puntland administration, the mediating committees and elders from both communities shall execute the demolition of the above-mentioned berkedo.
  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • 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

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources
    Page 1, Subject: Committee verdict
    ... It is also based on the related references and previously reached agreements about the area such as the May 15th 1997 agreement, which forbids digging any Berkedo or cutting the trees of the areas.
  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights
    Page 1, Subject: Committee verdict
    Verdict is made on the basis of careful analysis and evaluation of the issues related to the pastoral areas and the disputes over water, such as digging Berkedo which creates environmental degradation. All the concerns and complaints of both communities were listened to. It is also based on the related references and previously reached agreements about the area such as the May 15th 1997 agreement, which forbids digging any Berkedo or cutting the trees of the areas.

    Page 1, 1. Berkedo at Daladka and the berked owned by Abdimalik Haji Hussein at Adadda shall be demolished.

    Page 1,
    2. The two berkedo of Hassan Abdi Haabsade family shall remain in place, provided that new berkedo shall not be established beyond this point southwards within the grazing area.

    Page 1,
    3. The terrain between the existing villages is designated as grazing zone for the livestock: therefore, it is prohibited to construct new berkedo, develop new townships or establish temporary makeshifts camps that could lead to further erosion and damage to the environment.

    Page 1,
    4. At the location of God-Dhurwaa and Kal-belebo, there shall not be any further extension by establishing new berkedo. In the event that any new berkedo are constructed, both the new and the old shall be demolished.

    Page 1,
    5. Any party that violates the above four articles shall be liable to a fine of Somali Shilling 100 million and one year imprisonment.
  • Cultural heritage

    No specific mention.

  • Environment
    Page 1, Subject: Committee verdict
    Verdict is made on the basis of careful analysis and evaluation of the issues related to the pastoral areas and the disputes over water, such as digging Berkedo which creates environmental degradation. All the concerns and complaints of both communities were listened to. It is also based on the related references and previously reached agreements about the area such as the May 15th 1997 agreement, which forbids digging any Berkedo or cutting the trees of the areas.
    ... 3. The terrain between the existing villages is designated as grazing zone for the livestock: therefore, it is prohibited to construct new berkedo, develop new townships or establish temporary makeshifts camps that could lead to further erosion and damage to the environment.
  • Water or riparian rights or access
    Page 1, Subject: Committee verdict
    Verdict is made on the basis of careful analysis and evaluation of the issues related to the pastoral areas and the disputes over water, such as digging Berkedo [wells] which creates environmental degradation. All the concerns and complaints of both communities were listened to. It is also based on the related references and previously reached agreements about the area such as the May 15th 1997 agreement, which forbids digging any Berkedo or cutting the trees of the areas.

    Page 1,
    1. Berkedo at Daladka and the berked owned by Abdimalik Haji Hussein at Adadda shall be demolished.

    Page 1,
    2. The two berkedo of Hassan Abdi Haabsade family shall remain in place, provided that new berkedo shall not be established beyond this point southwards within the grazing area.

    Page 1,
    3. The terrain between the existing villages is designated as grazing zone for the livestock: therefore, it is prohibited to construct new berkedo, develop new townships or establish temporary makeshifts camps that could lead to further erosion and damage to the environment.

    Page 1, 4. At the location of God-Dhurwaa and Kal-belebo, there shall not be any further extension by establishing new berkedo. In the event that any new berkedo are constructed, both the new and the old shall be demolished.

    Page 1, 5. Any party that violates the above four articles shall be liable to a fine of Somali Shilling 100 million and one year imprisonment.

    Page 2,
    ... 8. Representatives from Puntland administration, the mediating committees and elders from both communities shall execute the demolition of the above-mentioned berkedo.

Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • 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

    No specific mention.

  • 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 1,
    ... 7. The owners of the berkedo that are to be demolished as agreed here shall receive:
    a. Daladka $8.000
    b. Adadda $7.000
    c. Compensation to be paid in cash by Puntland administration through the Isimo

    Page 2,
    ... 9. Regarding the deceased men:
    a. For each of the 8 men killed during the latest fighting, the committee has ruled:
    • A diya of 120 camels
    • An additional US $1000 as exoneration (plea for forgiveness).
    • Funeral expenses of Somali Shilling 5 million
    b. The committee has also ruled a diya payment for a man as:
    • 110 camels as diya
    • Funeral expenses of Somali Shilling 5 million

    Page 2,
    10. The diya payment shall be completed as follows:
    a. 467 heads [live camels], which corresponds to the Fiffi shall be paid within 2 months.
    b. 603 heads [live camels], which is the Mag-Dheer shall be paid within 6 months.

    Page 2,
    11. The cash compensations of funeral expenses, exoneration and the weapons shall be handed over on the date of signature of this agreement and are: funeral expenses totalling Somali Shillings 45 million, and exoneration $8.000, and 6 guns.

    Page 2,
    12. Regarding the injuries, the Isimo ruled that each wounded member of both
    communities shall receive US $1.500 as medication/healing compensation to be
    brought to the venue of this conference.
  • 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,
    13. The Isimo shall be the sole reference body for any changes that may be done to this agreement.

    Page 2,
    14. After signature of this agreement, either of the reconciled sub-clans that initiates actions that causes death or injury shall be fined Somali Shilling 200 million before the case is examined.
  • Related cases

    No specific mention.

  • Source
    Hassan Adan Mohamed and Amina Abdulkadir M. Nur, The Puntland Experience: A Bottom-up Approach to Peace and State Building - Peace Initiatives in Puntland 1991-2007 (ed.) Pat Johnson (Garowe, Puntland, Somalia: Interpeace, 2008), p. 87-88

Burtinle Peace Agreement, 6 May 2007

To: Bah Ararsame Community Cc:

Garaad Jama Garaad Ali Garaad Jama

To: Omar Mohamud Community Cc:

Puntland Minister of Justice & Religious Affairs Cc:

Islan Bashir, Islan Bashir, Islan Abdulle, Cc:

President of Puntlandl, Islan Farah Cc:

Puntland Minister of Interior

Cc: Elders of Puntland Cc:

All officials of Nugaal, Sool and Mudug regions

Subject:

Committee verdict

Verdict is made on the basis of careful analysis and evaluation of the issues related to the pastoral areas and the disputes over water, such as digging Berkedo which creates environmental degradation.

All the concerns and complaints of both communities were listened to.

It is also based on the related references and previously reached agreements about the area such as the May 15th 1997 agreement, which forbids digging any Berkedo or cutting the trees of the areas.

Berkedo at Daladka and the berked owned by Abdimalik Haji Hussein at Adadda shall be demolished.

The two berkedo of Hassan Abdi Haabsade family shall remain in place, provided that new berkedo shall not be established beyond this point southwards within the grazing area.

The terrain between the existing villages is designated as grazing zone for the livestock:

therefore, it is prohibited to construct new berkedo, develop new townships or establish temporary makeshifts camps that could lead to further erosion and damage to the environment.

At the location of God-Dhurwaa and Kal-belebo, there shall not be any further extension by establishing new berkedo.

In the event that any new berkedo are constructed, both the new and the old shall be demolished.

Any party that violates the above four articles shall be liable to a fine of Somali Shilling 100 million and one year imprisonment.

The above resolutions shall be overseen by a committee composed of the two communities.

The committee can seek assistance from the regional authorities of Sool and Nugaal.

The owners of the berkedo that are to be demolished as agreed here shall receive:

Daladka $8.000

Adadda $7.000

Compensation to be paid in cash by Puntland administration through the Isimo

Representatives from Puntland administration, the mediating committees and elders from both communities shall execute the demolition of the above-mentioned berkedo.

Regarding the deceased men:

a. For each of the 8 men killed during the latest fighting, the committee has ruled:

A diya of 120 camels

An additional US $1000 as exoneration (plea for forgiveness).

Funeral expenses of Somali Shilling 5 million

b. The committee has also ruled a diya payment for a man as:

110 camels as diya

Funeral expenses of Somali Shilling 5 million

The diya payment shall be completed as follows:

467 heads [live camels], which corresponds to the Fiffi shall be paid within 2 months.

603 heads [live camels], which is the Mag-Dheer shall be paid within 6 months.

The cash compensations of funeral expenses, exoneration and the weapons shall be handed over on the date of signature of this agreement and are:

funeral expenses totalling Somali Shillings 45 million, and exoneration $8.000, and 6 guns.

Regarding the injuries, the Isimo ruled that each wounded member of both communities shall receive US $1.500 as medication/healing compensation to be brought to the venue of this conference.

The Isimo shall be the sole reference body for any changes that may be done to this agreement.

After signature of this agreement, either of the reconciled sub-clans that initiates actions that causes death or injury shall be fined Somali Shilling 200 million before the case is examined.