Burtinle Peace Agreement

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Country/entity: Ethiopia
Somalia
Ogaden
Puntland
Region: 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 - )
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: 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.

Agreement document: SO_070506_Burtinle Peace Agreement.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: 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.