Drysdale, John (1991). Somaliland 1991: Report and Reference. Hove, UK: Global-Stas Ltd.

 

Somaliland: Information on the relationship between the government, the Somali National Movement (SNM) and other northern militias, and on the authority to which the militias are accountable

Publisher	Canada: Immigration and Refugee Board of Canada
Author	Research Directorate, Immigration and Refugee Board, Canada
Publication Date	1 June 1994
Citation / Document Symbol	SOM17560.E
Cite as	Canada: Immigration and Refugee Board of Canada, Somaliland: Information on the relationship between the government, the Somali National Movement (SNM) and other northern militias, and on the authority to which the militias are accountable, 1 June 1994, SOM17560.E, available at: https://www.refworld.org/docid/3ae6ac6614.html [accessed 14 April 2022]
Disclaimer	This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

 

The first government of Somaliland, announced on 4 June 1991 was composed of 16 members of the Issak clan and its subclans and six members of minority clans (Drysdale 1991, 45). According to a Somali professor of African studies at the University of Florida in Gainsville, the first head of government and chairman of the Somali National Movement (SNM) was Ahmed Ali "Tur," an Issak of the Habar Yoonis subclan. He was later replaced by President Ibrahim Egal, a member of the Habr Awal subclan of the Isse Musa, which in turn is a subclan of the Issaq (4 May 1994). Ahmed Ali Tur has since renounced the secession and now advocates the reunification of Somaliland and Somalia (Reuters 30 Apr. 1994). The Somali professor explained that Somaliland is composed of five regions: Awdal, North West, Togdheer, Sool and Sanag

(4 May 1994). The last three regions are located west of Hargeisa. Sources knowledgeable on Somalia agree that each of these regions is controlled by a different clan each with its own militia. Togdheer is under the control of the Isaaq, Sanag is a territory of the Warsangeli, the Dulbahante and the Isaaq, and Sool is controlled by the Dulbahante (ibid.; OFDA 4 Mar. 1994).

Since they are reportedly opposed to the current government of Somaliland, the Warsangeli are not represented in the Somaliland parliament (ibid.). According to Le Nouvel Afrique Asie of March 1994, there is no sign of the Somaliland Republic administration in Las Khorey, which is their stronghold. On the contrary, the Warsangeli's sultan reportedly displays Somalia's national flag in front of his house. Nonetheless, the Warsangeli were initially represented at the meeting of elders, customary chiefs, academics, politicians and soldiers that took place at Borama in February 1993 (The Horn of Africa Bulletin Mar.-Apr. 1993, 27). According Gilkes, in a report entitled "Ethnic and Political Movements in Ethiopia and Somalia," the Warsangeli were represented in the initial government of Somaliland when the Somali National Movement (SMN) assumed power in 1991:

The constitutional commission was very carefully balanced to represent all northern clans ... There are two Gadabursi, one Issa, one Warsengeli together with thirteeen Isaaq (July 1992, 52).

Relations between the Warsangeli and the Issaq appear to be tense. The head of the Warsangeli militia is quoted as saying that his clan would

deal with Somaliland ... when its presumed president Ibrahim Egal, has extended his authority at least to the airport of his capital Hargeisa. At present, when he uses this airport, he has to pay a transit tax to the Isaaq clan (a clan different from his own) which controls the runway (Le Nouvel Afrique Asie Mar. 1994, 13).

According to a Somali professor of African studies at University of Florida in Gainsville, the majority of the Dulbahante are opposed to the secession of Somaliland, and although there are Dulbahante in the government of Somaliland, they do not represent the rest of the Dulbahante subclan (4 May 1994.). According to Bricker and Leatherbee, the interests of the Dulbahante and the Warsangeli are represented by the United Somali Party (USP), and they tend to oppose the secession of Somaliland from the rest of Somalia (Leatherbee & Bricker Jan. 1994, 29). According to Gilkes the Dulbahante are a subclan of the Darod and relations between them and the Marjeteen are "traditionally poor, largely because of feuding over land and water ... [and because of] the Dulbahante role in Siad's [Barre] operations against the clan after the creation of the Somali Salvation Democratic Front (SSDF)" (July 1992, 51). According to Bricker and Leathebee,

there are powerful checks on the power of the executive in Somaliland. The power of the clans, demonstrated in their reluctance to turn control of the national airport in Hargeisa and seaport in Berbera over to the national government indicates that these are independent and diffused loci of potential resistance to the state, (Jan. 1994, 31).

The government of Somaliland has a fragile economic base and is reportedly financed by remittances from Somalis abroad (Drysdale 1991, 47). Additionally, "the port of Berbera, and the customs collection point, is the only potential source of central government revenue until some other source of budget support is forthcoming" (ibid. 1991, 47). Drysdale states that there are small police forces in the cities and towns, but they do not wear or carry firearms, and reportedly receive a rations in lieu of salaries (ibid., 49).

Africa and the international community have not recognized Somaliland's sovereignty (Reuters 30 Apr. 1994), which means that Somaliland cannot rely on other countries for assistance. President Egal reportedly apppealed to Britain for international recognition, without which his country does not qualify for bilateral aid (The Herald 12 Feb. 1994). According to the Herald, Clearly there is a vicious circle in Somaliland involving lack of resources for demobilisation and recovery, lack of security, and lack of international recognition." U.S.@led troops did not operate in Somaliland and it reportedly received a meagre fraction of the U.N. funds (Reuters Feb. 1994).

Owing to the lack of international recognition, Kenya withdrew President Egal's visit to Nairobi in December 1993:

President Moi let it be known that he had been subject to pressure, both domestic and international, for him not to receive president Egal. One objection put forward had been that the Kenyan head of state could not receive officially the head of a country which is not yet recognised by the international community (The Indian Ocean Newsletter 18 Dec. 1993, 4).

 This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Dricker, Dale and Lea Leatherbee. 6 January 1994. Balancing Consensus and Dissent: The Prospects for Human Rights and Democracy in the Horn of Africa. New York: The Fund for Peace.

Drysdale, John. 1991. February 1994. Anne Johnstone. Somaliland 1991: Report and Reference. Hove, UK: Global-Stas Ltd.

The Herald [Glasgow]. "Somali Caught In a Cycle of Terror."(NEXIS).

Gilkes, Patrick. July 1992. "Ethnic and Political Movements in Ethiopia and Somalia."

The Horn of Africa Bulletin [Uppsala]. March-April 1993. Vol. 5, No. 2. "Grand Shir at Borama."

The Indian Ocean Newsletter [Paris]. 18 December 1993. "Somaliland: Nairobi Kills Egal Visit."

Le Nouvel Afrique Asie [Paris]. March 1994. No. 54. Pietro Petrucci. "Somalie: Oublier Mogadiscio?" pp. 12-13.

Office of United States Foreign Disaster Assistance (OFDA), Washington, DC. 4 March 1994. Situation Report No. 25. "Somalia-Civil Strife."

Reuters. 30 April 1994. BC Cycle. "Somaliland Leader Renounces Seccession." (NEXIS)

Somali professor of African studies, University of Florida, Gainsville. 4 May 1994. Telephone interview.

 Attachment

Drysdale, John (1991). Somaliland 1991: Report and Reference. Hove, UK: Global-Stas Ltd.

The Herald [Glasgow]. "Somali Caught In a Cycle of Terror." (NEXIS).

The Indian Ocean Newsletter [Paris]. "Somaliland: Nairobi Kills Egal Visit."

Reuters. 30 April 1994. "Somaliland Leader Renounces Seccession." (NEXIS)

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

Africa Confidential. 14 June 1991. "Somalia: One State or Two?"

 

Somalia: Information on SNM policies pertaining to non-Isaaq clans in northern Somalia

Publisher	Canada: Immigration and Refugee Board of Canada
Author	Research Directorate, Immigration and Refugee Board, Canada
Publication Date	1 December 1991
Citation / Document Symbol	SOM9931
Cite as		Canada: Immigration and Refugee Board of Canada, Somalia: Information on SNM policies pertaining to non-Isaaq clans in northern Somalia, 1 December 1991, SOM9931, available at: https://www.refworld.org/docid/3ae6ac42c.html [accessed 14 April 2022]
Disclaimer	This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

 

According to information received from the London office of the Secretariat for Foreign Relations of the Somali National Movement, the current government includes six non-Isaaq members: two Gadabursi, two Dulbahante, one Issa, and one Warsangali. In addition, a Somaliland legislative assembly has been formed in which 30 percent of the members are non-Isaaqs, according to the SNM (Somali National Movement, 10 December 1991).

At least three reports in June 1991 contradict the SNM statistics on government ministers in that they do not account for an Issa minister (Africa Confidential, 14 June 1991; Le Monde, 8 June 1991; Délégué aux Réfugiés, July 1991, 23). Most reports on the legislative assembly, also referred to as the "constituent committee," actually indicate that the proportion of non-Isaaqs is about 55 percent (Jeune Afrique, 18 June 1991; Indian Ocean Newsletter, 25 May 1991).

The London office of the SNM states, "The question of a policy by Isaaq towards other clans never arose and does not exist. All are in the same [Legislative] Assembly and have the same right (Somali National Movement, 10 December 1991). Nevertheless, in the early part of 1991, there were reports of fighting between the SNM and armed Gadabursi and Issa in northwestern Somalia, near the borders with Djibouti and Ethiopia (New African, May 1991; Africa Events, March 1991; The Indian Ocean Newsletter, 23 February 1991). On 5 February, according to the radio network of the SNM, the movement "launched a full-scale war on Boorama" against remnants of the Somali Armed Forces and followed up the next day with "mopping-up" operations throughout the region of Awdal. Boorama was "heavily shelled" in the attack and by the end of the month, 30,000 refugees, the majority of them Gadabursi, had fled to Ethiopia. The Gadabursi have been "traditionally at odds with the Isaak [as written]" clan. (Africa Research Bulletin, 1-28 Feb. 1991; FBIS-AFR-91-025, 6 Feb. 1991a; FBIS-AFR-91-025, 6 Feb. 1991b)

According to a March report of The Indian Ocean Newsletter, representatives of the Gadabursi-dominated Somali Democratic Association stated that four Gadabursi had been executed in Berbera. The report provides no further details as to the circumstances of their execution (The Indian Ocean Newsletter, 9 March 1991).

 Bibliography

Africa Confidential. 14 June 1991. "Somalia: One State or Two?"

Africa Events. March 1991. Wilson, Hamish. "Unsettled Dust."

Africa Research Bulletin. 1-28 February 1991. "Refugee Crisis Reaches pic Proportions." Vol. 28, No. 2. Délégué aux Réfugiés. July 1991. "ODR Bulletin d'Information: Somalie."

FBIS-AFR-91-025. 6 February 1991a. "SNM Fighters Destroy `Enemy' Force in Boorama," Radio of the Somali National Movement [Clandestine], 5 February 1991.

FBIS-AFR-91-025. 6 February 1991b. "SNM Conducts `Mopping-up' Operations in Awdal," Radio of the Somali National Movement [Clandestine], 5 February 1991.

The Indian Ocean Newsletter. 25 May 1991. "Somalia: Northern Somalia Proclaims its Independence."

The Indian Ocean Newsletter. 9 March 1991. "Horn of Africa: Federal Option."

The Indian Ocean Newsletter. 23 February 1991. "Horn of Africa: Repercussions of Somali Rebellion."

Jeune Afrique. 18 June 1991. "La sécession après la guerre."

Le Monde [Paris]. 8 June 1991. "Somalie: Les sécessionnistes du Nord ont formé leur gouvernement."

New African. May 1991. "Why SNM Spurns USC Overtures."

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

Information on the government's attack on Hargeisa in May 1988 and an SNM assault on Mohammed Siyaad Barre Prison in July 1988

 

Somalia: 1) Detailed map of Somalia and map showing Somalia in the African continent; 2) Information regarding reprisals against Isaaq clan members throughout Somalia, particularly Mogadishu, and against Somali National Movement (SNM) members; 3) Information on the government's attack on Hargeisa in May 1988 and an SNM assault on Mohammed Siyaad Barre Prison in July 1988

Publisher	Canada: Immigration and Refugee Board of Canada
Author	Research Directorate, Immigration and Refugee Board, Canada
Publication Date	1 September 1989
Citation / Document Symbol	SOM1801
Cite as	Canada: Immigration and Refugee Board of Canada, Somalia: 1) Detailed map of Somalia and map showing Somalia in the African continent; 2) Information regarding reprisals against Isaaq clan members throughout Somalia, particularly Mogadishu, and against Somali National Movement (SNM) members; 3) Information on the government's attack on Hargeisa in May 1988 and an SNM assault on Mohammed Siyaad Barre Prison in July 1988, 1 September 1989, SOM1801, available at: https://www.refworld.org/docid/3ae6acf970.html [accessed 14 April 2022]
Disclaimer	This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

 

1) Please find attached copies of the requested maps.

2) Since the Somalia National Movement (SNM), an Isaaq-dominated rebel group, launched a major offensive in May 1988, human rights abuse perpetrated by Somali authorities, mainly against members of the Isaaq clan, has reportedly increased. ["Somalia: Showdown in the North", in Africa Confidential, 29 July 1988, pp. 1-3; Somalia: Imprisonment of Members of the Isaaq Clan since Mid-1988, (London: Amnesty International, 1988).] Amnesty International reports that being a member of a particular clan can be enough to arouse suspicion among Somali authorities, who work on the assumption that many clan members support particular opposition groups. [ Somalia: Imprisonment of Members of the Isaaq Clan since Mid-1988, and Somalia: a long term human rights crisis, (London: Amnesty International, September 1988), various pages.] Thousands of people have been arrested for political or unspecified reasons in the last years, prisoners frequently being subjected to torture or being summarily executed. [ Country Reports for Human Rights Practices for 1988, (Washington: U.S. Department of State, 1989), p. 308; and Critique (of the U.S. Department of State's Country Reports for 1987), (Washington: Human Rights Watch, June 1988), various pages.]

The arrest of Isaaq members in Mogadishu and throughout Somalia has been widely reported by Amnesty International, particularly in the document Somalia: Imprisonment of Members of the Isaaq Clan since Mid-1988, (London: Amnesty International, 1988), a copy of which can be sent upon request. This document, as well as the attached articles, "Of war and warriors" (Africa Events, June/July 1988, p. 10) and "Fighting in the North" (Africa Research Bulletin, 15 July 1988, p. 8919), report that large numbers of Isaaqs were arrested in Mogadishu following the SNM attacks in the North in May 1988. As indicated in the attached Issue Paper, Somalia and the Hawiye Clan (IRBDC, July 1989), the Isaaq clan is opposed to the Siyaad Barre regime, and the government links its members with insurgent groups, particularly the predominantly-Isaaq Somali National Movement. The government has been based on an alliance between the Mareehan, Ogaden and Dolbahanta clans, commonly referred to as the MOD alliance, although there are indications that this alliance has been strained since the middle of 1989. ["Sacrificial Lambs", from Africa Events, August 1989, p. 8; and "Death in Mogadishu", in Africa Confidential, 28 July 1989,

Military reprisals for SNM attacks have included the

indiscriminate bombing of Isaaq civilian populations. [ Somalia: Imprisonment of Members of the Isaaq Clan since Mid-1988, (London: Amnesty International, 1988), p. 2. ] A recent case took place on March 16 1989, after a three-hour occupation of the town of Erigavo by SNM forces. After the SNM had left, the army reportedly bombed the town and later went in, killing about 500 remaining members of the Isaaq clan, in spite of an agreement between authorities and Isaaq elders that the Somali military would not engage in reprisals against the civilian population. [Africa Confidential, 14 April 1989, p. 8.]

3) Hargeisa, a town in northern Somalia with a predominantly Isaaq-clan population, was attacked by the Somali armed forces after the Somali National Movement (SNM) occupied it in May 1988. Various reports indicate the armed forces attacked the city with heavy artillery and aerial bombardment, indiscriminately hitting civilian targets. [ Somalia: Imprisonment of members of the Isaaq Clan since mid-1988, (London: Amnesty International, 1988), p. 3; Somalia: observations regarding the northern conflict and resulting conditions, (Washington: U.S. General Accounting Office, May 1989), p. 5.] Much of the surviving population fled to Ethiopia, reportedly suffering aerial attacks by the Somali air force while gathering outside the city in order to flee the region. Some refugees were allegedly robbed and, if under suspicion, summarily executed by the army and militias. [Somalia: Observations, p. 6.] Somalis of the Ogaden clan were reportedly encouraged to occupy the abandoned city and widespread looting is reported to have taken place. Many of the looted items were identified by their owners in Ethiopian markets. [ Ibid, p. 7, and Africa Confidential, 29 July 1988, p. 2.] For a summarized report on the fighting which took place in Hargeisa, please refer to the attached copy of Africa Research Bulletin, 15 July 1988, p. 8919 and 15 August 1988, p. 9048.

Information on an assault by the SNM on the Siyaad Barre prison in July 1988 could not be found among the sources available at present at the IRBDC.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

https://www.refworld.org/docid/3ae6acf970.html

WAKIILADA BIYUHU WAY KA MADAX BANAAN YIHIIN DAWLADAHA HOOSE

WAKAALADAHA BIYUHU WAY KA MADAX BANAAN YIHIIN DAWLADAHA HOOSE

Qalinkii Garyaqaan Muuse Yuusuf

Maalmahan waxaa jiray Hadal haynta Wakaalada Biyaha Hargaysa iyo Dawladda Hoose ee Hargeysa Markii Xildhibaan Barkhad oo Aqoon sharci Lagu tuhmayey uu yidhi Wakaalada Biyaha Hargaysa iyo Cusbitaal waa in la hoos gelinayaa Dawladda Hoose ee Hargeysa Xildhibaanku waxa uu sidaasi ka  codsaday Madaxweynaha.

Isagoo aan wax Xeer iyo sharci ah midna uu cuskan taas oo ah fahandaro ama aragti shaqsi,

Badi Waaxaha iyo Hay'adaha qaranku waxa ay ku Dhisan yihiin Xeer ay ku gutaan waajibkooda Shaqo, Kaas oo Qaabeeya Cida Magacawda, La xisaabtanta Kuna Ilaalisa Xeerka iyo Gudashada Masuuliyada ay u hayaan umadda,

Marka ay sidaas tahay waxa wax ka bedel kooda iyo In meel kale la hoosgeeya ah u baahan tahay In la Mariyo Hanaan Sharci oo waafaqsan Habka qorshaha maamulka iyo siyaasadda dawliga,

Balse codsi Shaqsi oo ku Dhisan Tix Gelin, Raaligalin, Ama La jeclaansho Saxiibtinimo Kuma Haboona in Masuul qaran Aragtidiisa ku Saleeyo Jaangoynta Hay'ado Ku Dhisan Xeerarka Iyo Shuruucda.

Isna dhankiisa waxaa jawabcelin Sameeyay maareeyaha wakaaladda oo isdifaac iyo Aflagado ku tiraabay isagoon Xeer Iyo Sharci midna Isaga duwin ama aan ku difaacin Wakaaladda uu masuulka inooga yahay.

Waxa markale sii jar Iska xoor ah Usoo rogaal celiyay Xildhibaan Barkhad oo aan markana waxa Cusub ama aragti Sharci soo Qaadan.

Taas oo Nusqaan ku ah Masuuliyada iyo Xasiloonida Ay huwanyihii  Masuuliyiintaasi. 

Xeerkii caafimaadka qaranka oo Aan Jirin darteed cusbitaalada Haii dambeeyaan ee Maxay Xeerarka Dalku ka qabaan Wakaaladaha biyaha 

Hadaba Halkuu Sharcigu Dhigaayaa Wakaaladaha Biyaha ee Dalka

Waxa ay ka madaxbannaan yihiin Dawladaha hoose ,

Halka Wakaaladda Biyaha Ee Caasimadu Ay Leedahay Madaxbannaani ka badan ta ayhaystaan kuwa goboladu Oo Iyada Magacaabista iyo xilka qaadista Masuuliyiinteeda waxaa Iska leh Madaxwaynaha.

Sida ay Dhigayaan Labadan Xeer

"[XEERKA BIYAHA QARANKA JSL Xeer Lr. 49/2010]

[XEERKA ISMAAMULKA GOBOLADA IYO DEGMOOYINKA, XEER Lr. 23/2019]"

oo si waafiya uga hadlay Arimaasi Wakaaladaha Biyaha iyo dawladaha hoose waxa ka dhexeeya wada shaqayn. 

sida Bilayska, Waxbarashada, Caafimaadka, shirkadaha Isgaadhsiinta, Iyo shirkadaha Laydhka ba ah wada shaqayntu uga dhaxayso.

XEERKA BIYAHA QARANKA JSL Xeer Lr. 49/2010

Qodobka 9aad

Lahaanshaha/wada lahaanshaha

1. Lahaanshaha khayraadka biyaha dabeeciga ah waxa loo igmaday Dawladda Somaliland oo uga wakiil ah muwaadiniinta Somaliland.Dawladduna waxay mas’uuliyadda u dhiibtay Wasaaradda Khayraadka Biyaha iyadoo raacaysa distoorka iyo XEERKAN Biyaha qaranka Lambar 49/2011

2. Isticmaalka khayraadka biyaha waa in lagu maamulo XEERKAN iyo shuruucda la xidhiidha ee ku haboon ee nidaamyada hab-maamulka Dawladda

QODOBKA 17aad

Lahaanshaha iyo adeegsiga guud ee BIYAHA

1. Lama Wareejin karo Lahaanshaha khayraadka dabiiciga ah ee biyaha. 

2. Dhamaan agabka BIYAHA ee lagu maalgeliyey hantida dawladdu waa hanti qaran oo dawladdu ka masuul tahay. 

QODOBKA 18aad

U dhiibista adeega danta guud

1. Dawladda Dhexe waxay ugu dhiibi kartaa xuquuqda adeegsiga khayraadka BIYAHA Dawladda Hoose ka dib marka ay heshiis labada dhinac wada galaan. 

2. Heshiisku waa in uu si buuxda ugu wareejiyaa dawladda hoose ee uu khusayeeyo fidinta adeega biyaha iyo xuquuqda adeegsiga agabka

Qodobka 19aad Faqradiisa 3aad. 

Wassirka wasaaradda khayraadka BIYAHA ayaa leh awoodda magacaabista iyo xilka qaadista 

maareeyayaasha iyo maareeye ku xigeenada wakaaladaha (adeeg bixiyaha dawliga ah)

QODOBKA 82aad

Laalis/burin 

1. Dhamman wixii shuuruuc iyo xeer hoosaad ah ee ku saabsan arrimaha biyaha ee hore u jiray waa la laalay haddii ay ka hor imanayaan sharcigan biyaha qaranka (Null and void)

2. Waxa la tirtiray Qodobka 71aad farqadiisa 3aad xarafkiisa (A),(B),(C), waxa kaloo xarafka D loo bedelay Sidan ee xeerka ismaamulka Gobollada iyo Degmooyinka Xeer LR . 23

D. Maareeyaha iyo mareeyo ku xigeenka Degmooyinka waxa magacaabaya Wasiirka BIYAHA markuu la tashado Madaxwaynaha. Marka laga reebo Mareeyaha iyo Maareeye ku xigeenka Caasimada Hargaysa oo uu si toosa Madaxwaynuhu u magacaabayo marka uu la tashado Wasiirka Wasaarada BIYAHA.

Dhankakale xeerka Ismaamulka Gobolada iyo Degmooyinka

Qodobka 15aad

1) Iyada oo laga duulayo qodobada 110aad, 111aad (4) iyo 112aad ee dastuurka JSL, Golayaasha Degaannada Degmooyinka ee darajada “A” iyo “B” waxay ka masuul noqonayaan hanashada adeegyada 

horumarineed ee dhammaan qaybaha dhulka ay degmooyinkaasi ka kooban yihiin. 

2) Iyada oo aan waxba loo dhimayn mas’uuliyadda ku 

xusan farqada 1aad ee qodobkan; adeegyada horumarineed ee degmooyinka darajada “A” iyo “B” ay ka mas’uul yihiin waxa ka mid ah;Baahinta Awoodda Ismaamulka

a) Xarumaha daryeelka caafimaadka hooyada iyo dhallaanka ee degmooyinka,

b) Dugsiyada wax-barshada ee ilaa heer dugsi hoose/dhexe ee degmooyinka

c) Xannaanada xoolaha ee heer degmo

d) Horumarinta beeraha iyo adeega fidinta beeraha ee heer degmo

e) Horumarinta ganacsiga ee heer degmo

f) Horumnarinta dhalinyarada iyo ciyaaraha ee heer degmo.

g) Ilaalinta deegaanka heer degmo

h) Nabadgelyada gudaha ee kusiman awooda heer degmo

i) Wadooyinka gudaha magaalooyinka heer degmo.

j) Horumarinta biyaha iyo adeega Fidinta heer dagmo.

k) Horumarinta isgaadhsiinta iyo adeega fidinta heer dagmo.

Qodobka 40aad

Xilka Golaha Deegaanka

Xarafka c) 

Maamulka, horumarinta iyo kor u qaadista adeegyada Arrimaha Bulshada, sida 

waxbarashada, Caafimaadka, Beeraha, Xoolaha, Degaanka, Ganacsiga, Nabadgelyada, Laydhka, BIYAHA, Igaadhsiinta, Nadaafadda I.W.M ee hoos yimaada awooda golayaasha 

degaanka ee degmooyinka. 

Qodobka 72aad

D. XILKA WAAXDA ARRIMAHA BULSHADA.

9. Habaynta, Qorshaynta, Hubinta iyo isku dheeli tirka 

baahida Goobaha BIYAHA “Kiosks” iyo waxqabadkooda

d) Maamulka Degmada haddii uu ka fulinayo goob ama 

aagag ay ku aasan yihiin ama ka taagan yihiin qalab 

farsamo ee Biyaha, laydhka iyo Tilifoonada kama fulin 

karaan karto hawl ilaa ay kala xidhiidho Hay’adaha ay 

khusayso.

ARRIMAHA FARSAMADA IYO ADEEGYADA BULSHADA

QODOBKA 75aad

Heshiisyada Farsamada

3. WAKAALADA BIYAHA DEGMADA

c) Wakaaladaha biyaha ee Degmooyinka waxa laga rabaa inay joogtaynta biyo gelinta oo naqshadaysan u gudbiyaan maamulka Degmadda, wasaarada arrimaha gudaha iyo wasaarada hawlaha guud si loo waafajiyo fidinta iyo Naqshada Degmadda waxaana laga rabaa macluumaadkan: -

1. Xaafadda BIYO galinta lala rabo

2. Jidadka iyo toobiyaha BIYO galinta,

3. Cabirka iyo muga dhismaha BIYO kaydiyaha (Water Reservior)

4. Dhuumaha iyo qasabadaha Kiyooska “Main Pipes” dhumucdooda

5. Qasabadaha BIYO qaybinta dhumucdooda “Distrbution pipe line”

6. Cabirka dhismaha gododka BIYO qaybinta “Main Valves”

7. Cabirka dhulka hoostiisa ee qasabaduhu ku duugan yihiin ama ku aasan yihiin.

8. Nooca saacadaha BIYO tiriska

9. Goobaha WARAABKA dadweynaha “Kiosks” tiradooda

QODOBKA 83aad

Heegan Galinta Farmasiiyada.

Habaynta kaltanka famasiiyada iyo heegan galinta Rugaha Caafimaadka, Dabdamiska, Korontoda, BIYAHA iyo Kaalmaha Shiidaalka ee heer Degsiimo iyo Guud ahaanba Degmada, waxaa dajinaysa Dawladda Hoose.

Sidaas darteed waxaa muhiim ah in Masuulka Warbixin sheegayaa inuu Soo Darsaa waxa uu ka hadlaayo, Siiba Xildhibaanada waxaa waajib ku ah in Hadalkoodu ku ladhan Ugu yaraan Qodob Sharci Maadaama ay Yihiin Xeer-dejin, 

Hadii taas laga tago waxba hadalkaasi kama duwan Muranka iyo warka Suuqa.

Dhamaan Qodobadani waxay si cad u qeexayaan in wada shaqayn iyo Iskaashi ka dhexeeyo Labadan hay'addood iyo kuwa kale ee ay qusayso Ama ay wadaagaan Hawlo shaqo,

Hadii Wakaaladaha biyaha Dawladdaha Hoose la hoos geeyo 

Maxaa u diidaaya In cusbitaalada, Dugsiyada Hoose/Dhexe iyo Saldhigyada Ciidamada Booliiskana la Hoos geeyo.

Waxa wadada Shaqayntooda iyo Kala Xadayntoodu ku Dhan tahay Labadan Xeer ee Dhaqan-galka ah.

Malaha Xildhibaan Inta Aad codsi Madaxwaynaha uu dirayso waxa ka fiicanaan lahayd Adiga oo Golaha Aad ka midka tahay ka Abaabula XEER CAAFIMAADKA QARANKA OO AH HAWLIHIINA SHAQO 

LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 -

LAW OF UNION BETWEEN SOMALILAND AND SOMALIA:  Law No: 1 of 1960 -

Passed by the Independent State of Somaliland Legislature on 27 JUNE 1960

Whereas the State of Somaliland achieved independence and ceased to be under British  protection or within the jurisdiction and sovereignty of Her Britannic Majesty on the 26th day  of June, 1960, being Muharram 1st 1379, and Whereas  the State of Somalia achieved its independence and ceased to have the status of a Trust Territory of  the United Nations Organisation administered by the  Republic of Italy on the 1st day of July, 1960,  being Muharram 6th 1379, and Whereas it is the will  of the peoples of Somaliland and Somalia that their  States shall unite and shall forever be united in the Somali Republic.

                  

Now we the signatories hereof being the duly authorized representatives of the  peoples of Somaliland and Somalia and having vested in us the power to make and enter into this Law of Union on behalf of our respective States and peoples do hereby solemnly and in the name of God the Compassionate and Merciful agree as follows:

1.                 (a)        The State of Somaliland and the State of Somalia do hereby unite and shall forever remain united in a new, independent, democratic, unitary republic the name whereof shall be the Somali Republic.
 (b)       The Capital of the Somali Republic shall be Mogadishu.
                  

2.                Subject to the express provisions of this Act of Union the Union hereby constituted shall be upon the following conditions:
(1)         That the component administrative units of the government of the Somali Republic until more suitable administrative arrangements are made, shall be firstly the region comprising the territories contained in the boundaries of the presently existing State of Somaliland [hereinafter referred to as the Northern Region] and secondly those presently existing territories which comprise the six  Regions of Mijertein, Mudugh, Hiran, Benadir, Upper Juba    and Lower Juba all in Somalia (hereinafter collectively referred to as the second-named Regions).
(2)        That the existing laws presently in force in the Northern Region and in the second-named Regions respectively shall  remain in full force and effect within the respective territories where the same presently apply and shall not have force or effect beyond those respective territories where the same presently apply.
(3)        That all persons now serving the Somaliland Government in the Northern Region and the Government of Somalia in the  second-named Regions respectively shall continue to serve the Government of the Somali Republic upon terms not less favourable than those at present applicable to them.
(4)        That the Courts as presently constituted in the aforesaid Northern Region and the aforesaid second-named Regions shall continue to exercise within their respective territories the jurisdiction which is conferred upon them by   presently existing law and shall be Courts of the Somali nation;
(5)         That all rights and obligations vested or accruing, whether public or private (including any status of legal personality acquired under law by corporate or non-corporate bodies) shall continue to subsist in accordance with sub-clause (2) hereof, be recognised and enforced by the Courts of the Somali Republic referred to in sub-clause (4) hereof and by the  Government in the Somali Republic.
(6)        That in the Somali Republic the national languages of the Republic shall be as to the spoken tongue Somali, and as to the written language Arabic, English and Italian, which shall have equal status.
                  

3.                (1)        All persons who upon the date of this Union possess the citizenship of Somaliland and Somalia respectively shall by this Union now become citizens of the Somali Republic. 
(2)        All persons who hereafter would, but for this Union, have become citizens of Somaliland or Somalia respectively under the law of either of the two uniting States as presently subsisting, shall hereafter become citizens of the Somali Republic.
                  

4.                The Head of State of the Somali Republic shall be the President of the Republic chosen in accordance with the provisions of the Constitution referred to in Article 7 hereof.
                  

5.                The Executive Authority of the Somali Republic shall be vested in the Council of Ministers appointed in accordance with the provisions of the Constitution referred to in Article 7 hereof and shall be exercised as therein provided.
                  

6.                The legislative power of the Somali Republic shall be vested in the National Assembly constituted in accordance with the  provisions of the Constitution referred to in Article 7 hereof and shall be exercised as therein provided.
                  

7.                 The Constitution of the Somali Republic shall be the Constitution of the State of Somalia with such adaptations as may be necessary to bring it into conformity with this Act of Union but notwithstanding the provisions thereof relating to amendment, no amendment of that Constitution shall derogate from the conditions of Union set forth in clause 2 hereof unless made in accordance with the procedure and provisions set forth in clause 10 hereof.

                  

8.                (1)        Upon this Act being made the presently subsisting Legislative Assemblies of Somaliland and Somalia respectively shall cease as such to subsist: but the existing elected members of the said Legislative Assemblies  shall constitute the first National Assembly of the Somali Republic. Immediately upon the National Assembly of the Somali Republic being constituted under these provisions, the members thereof shall each before the person presiding over the National Assembly make an oath of allegiance to the Somali Republic.

           (2)        The existing President or Vice-President of the Legislative
 Assembly of Somalia shall preside over the National Assembly of the Somali Republic for the purpose of taking the oaths of allegiance in accordance with sub-clause (1) hereof and  for the purpose of electing the first President of the National Assembly only.

           (3)        The members of the Council of Ministers after being appointed in accordance with the Constitution shall each make an oath of allegiance to the Somali Republic before the President of the National Assembly.

                  

9.                (1)        Notwithstanding anything in clause 2 hereof, the citizens of the Somali Republic shall have the right freely to move for lawful purposes throughout the territory of the Republic subject to the provisions of any law relating to public order or human or animal health.

           (2)        Notwithstanding anything in clause 2 hereof there shall be no customs, excise or other tax imposed upon the movement of goods (including animals) between any parts of the territory of the Somali Republic, providing such goods originate from the Region from which they are proceeding.

           (3)        Until unification of customs tariffs is achieved, goods imported from foreign countries, land moving from the Northern Region to the second-named Regions and vice versa shall be subject to the customs laws at present in force: in the Northern Region and the second-named Regions.
                  

10.            (1)        There shall he established a Special Commission the members of which shall be persons who were immediately  prior to this Act of Union either members of the Legislative Assembly of Somalia or members of the Legislative Assembly of Somaliland together with a Chairmen being a member of  the National Assembly a pointed by the members of the         Commission.
(2)        The members of the Special Commission (other than the Chairman) shall be appointed by the President of the Somali Republic acting on the advice of the Council of Ministers and shall consist of an equal number of former members of the Legislative Assembly of Somalia and former members of the legislative Assembly of Somaliland.

           (3)        The Special Commission shall examine into and make recommendations (which in the event of the Commission not being unanimous shall be the recommendations of a majority of its members to which a minority report shall be attached) as to the provisions to be made from time to time by law for the purpose of establishing uniformity between the laws, institutions, public services and social services presently existing in the regions referred to in clause 2 (1) hereof.
(4)        The Special Commission shall for the aforesaid purposes be empowered to establish sub-commissions or committees, the members whereof may include other persons, and to engage or call for assistance from any person by way of advice or otherwise.

           (5)         A Special Commission shall from time to time report to the Council of Ministers as to its recommendations under sub-clause (3) of this Clause and the Council of Ministers shall thereupon with all reasonable dispatch lay such report before the National Assembly together with the proposed legislation to be made to give effect thereto.
(6)        The National Assembly shall thereupon decide by a majority of the members thereof present and voting upon such proposed legislation whether the same shall be enacted.
(7)         Upon the National Assembly so deciding then the President shall assent to such legislation and upon the same coming into operation any condition set forth in clause 2 hereof shall so far as it is inconsistent with such legislation be abrogated.

           (8)        The Special Commission may with the approval of the Council of Ministers make rules regulating its procedure and
 providing for the duration of the appointments of its members, the remuneration of any persons whose  participation or assistance is called for under sub-clause (3) hereof, the filling of vacancies in membership and all other  matters as may be required for the performance of the functions conferred upon the Special Commission by this  clause: Provided that if the Special Commission fails to make rules under this sub-clause in accordance with a request made to it by the Council of Ministers, the Council of Ministers may make the said rules.

           (9)        Any rules made under sub-clause (8) may be added to, amended or revoked in the same manner.
                  

11.              (1)        Any property (including any rights arising from contracts or otherwise) that is immediately before this Act of Union vested in the Government of Somaliland or in the State of Somalia shall upon this Act being made vest in the Somali Republic or In any such person or authority on behalf of the Somali Republic as the Council of Ministers may direct.
(2)        Any liabilities or obligation (whether arising from contract or otherwise) incurred by the Government of Somaliland or by the State of Somalia and subsisting immediately before this Act of Union shall upon this Act of Union being made be a liability or obligation of the Somali Republic or of such person or authority on behalf of the Somali Republic as the Council of Ministers may direct.

           (3)        For the purposes of the preceding sub-clause, any property which immediately before the making of this Act of Union was vested in, or any liability or obligation which at that time had been incurred by, any person or authority on behalf of the Government of Somaliland the State of Somalia   shall be deemed to be property vested in or a liability or obligation incurred by the respective Government or State.

           (4)        Without derogation from the foregoing provisions of this Clause the rights and obligations arising from agreements entered into - between the Government of Somaliland and the Government of the United Kingdom of Great Britain and Northern Ireland and between the Government of Somalia  and the Government of Italy and other States and International Organisations which are set out in the Schedule (2) to this Act shall be binding upon the Somali Republic.
                  

12.             (1)        For the time being the provision subsisting immediately before the making of this Act of Union for the expenditure of public monies of the Somali Republic hereby constituted within and upon the Northern Region and the second-named Regions shall as far as practicable continue to the intent that those monies which have been authorised to be expended within and upon the respective Northern Region and second- named Regions shall continue to be expended upon the public service and upon the development and welfare and in  the service of the said Northern Region and the second-   named Regions and the inhabitants thereof respectively.
(2)        For the time being the presently subsisting provision for the expenditure of public monies (including such monies as may be provided by way of assistance from foreign States) upon the development and welfare of the aforesaid Northern Region and second-named Regions and the inhabitants thereof respectively shall as far as practicable continue to the intent that those schemes of development and welfare which are now current shall be completed and that those schemes of development and welfare which have been planned shall be proceeded with within the respective Northern Region and second-named Regions hereinbefore referred to and for the benefit of their respective inhabitants.

           (3)        The Supreme Court of the Somali Republic shall have appellate jurisdiction in relation to decisions of the Courts
now constituted and which will continue to subsist in the aforesaid Northern Region.

Subject: A Protest Letter HUBAAL MEDIA NETWORK (HMN)

 http://www.scribd.com/doc/189775368/A-Protest-Leter

Hon. Ahmed Mohamed Mohamoud
The President
The Republic Of Somaliland
Presidential Place
Hargeisa, Maroodi Jeex,Somaliland.
(Cc: Amnesty Intentional/Human Rights Watch/CPJ/SoLJA/US Department of State/UK Foreign Office/DfID/EU office in Somaliland/Somaliland Chief of Justice/Somaliland Speaker of the House of Guurti/Somaliland Parliamentary Sub-committee on Internal & Security Affairs/ African Union/IGADD/Somaliland Lawyer’s Association/Article 19/Somaliland Focus UK/UN Somalia/Somaliland Office/OHCHR)
Subject: A Protest Letter
Dear Mr. President:
We, HUBAAL MEDIA NETWORK (HMN), a privately owned media house whose ultimate aim is to promote democratic values and provide a platform of civic debate, would like to express to you our deep concern about the reluctance in investigation and trial of the seven month old criminal case in which we were attacked, apparently by an attempt to murder us, by two police officers (one at large and one behind the bars). We are particularly disturbed by the news that the perpetrator under custody was released and allowed to walk free without any court trial while the whereabouts and the identity of the second perpetrator had never been investigated.
A Quick Timeline of Hubaal’s Case
 On 1st Augost 2012, the Director General of the Ministry of Information false accused us that we operate without proper license from the authority. In response to this our daily Somali edition carried a photo of our license in the next day’s issuance to respond to these allegations.
 In the first week of April 2013, the newspaper published an article relying on sources that stated a large governmental procurement contract had been given to a close family member of the President of Somaliland to import goods. The article stated that the family member significantly marked up the price of the goods when doctoring the manifests an upon importation so that the government paid a significantly higher price for the goods than the real price. The following week, the newspaper published another article relying on sources that stated a natural resource extraction company had given large logistics and facilities management contracts to other members of the President's family rather than companies from the area where the company operates who were competent to fulfill the requirements. The week after, the newspaper published yet another article relying on sources that stated that the Minister of Finance had hired a significant number of family members into positions they were not competent.
Hon. Ahmed M. Mohamoud
December 6, 2013

 On 24 April 2013, two masked men attacked the Hubaal newspaper facilities and beat the editor. One was captured by the newspaper's staff and was recognized as a policeman with close ties to the Presidential Palace. While the other escaped and still remains at large
 The last article was published on the 8th of June 2013. The final article relied on sources that stated a high level delegation coming to visit the Somaliland government was not indeed Yemeni businessmen seeking to invest in Somaliland (as the government publicly announced), but rather were Egyptian diplomats coming to discuss the Grand Renaissance Dam and the relationship between Egypt and Somaliland. This revelation angered the government of Ethiopia which has been a long-standing supporter of Somaliland.
 On 11 June 2013, the Attorney General filed the criminal charges against the editor of the Hubaal newspaper and petitioned the court to attach the newspaper. The court of first instance granted the AG's petition on the same day and ordered the newspaper to immediately stop its publication. A week later, we (both the editor and the managing director) were arbitrarily arrested for a day and have been provided a “so-called” presidential pardon without ever getting a court hearing.
 On 20th August 2013, the newspaper recommenced published.
 On 28th November 13 (a week ago), we were shocked to learn about the release of the assailant caught by us in the April attack without our knowledge and, and above all, without any single court hearing. When we tried to enquire as to why this had happened, we’ve not only been told anything by the military court
 On 2nd December 2013, Hubaal requested from the ministry of Interior a permit to express the deep concern in a peaceful protest but were denied to this constitutional right. Hubaal, however, proceed with it. When the protest finished peacefully, the donor-money funded police forces cracked down journalists who have been covering this event, namely:
o Saed Khader (Editor-in-chief, Bulsho TV)
o Abdisalaan Abdirashid (Cameraman, Bulsho TV
o Hassan Maal Dhidar (Cameraman, Universal TV)
o Abdiasis Rashid Nur ( Reporter, xogreebnews.com)
Motives Behind Hubaal’s Attack?
Since you took office on 26th June 2010, your administration has been trying very hard to directly or indirectly silence media outlets by using multiple strategies including, but not limited to, bribery, employment opportunities and monetary incentives offered to journalists and media house owners. This simple fact , your honor, is confirmed by the fact that your government includes more than 27 veteran journalist, among them are the minister of finance, your press secretary and many others. This is very unfortunate, given your promise during your election 2010 election that you’ll commit yourself to ensure an enabling legal and policy environment for media freedom.
Hubaal had been approached many a times for similar offers but we chose to stick our mission which is “to acquire, produce, and distribute programs that meet the highest standard of journalism and integrity”. Our principle-oriented journalist work is the primary reason why we are being targeted by your political appointees. Hubaal has become to be a reliable watchdog for all Somalilanders and won the heart and minds of all citizens in their quest to be informed about how the government is conducting the tasks entrusted it by the people.
Hon. Ahmed M. Mohamoud
December 6, 2013

Every crime has motives or causes. We believe that the publications of different sequential articles published by Hubaal Newspaper in effort of caring the public interest were the motives that caused the armed attack against us.
Our Message
The release of Mr. Ahmed Hassan Hashi, the attacker -a uniformed police officer who was supposed to protect the public, and the failure of law enforcement agencies to investigate, and identify the other assailant for seven (7) months is denying us multiple rights which are guaranteed under Articles 21, 22, 23 to 36 of Somaliland’s own constitution to which you should act as your oath of the office of the presidency.
If our appeal for justice keeps be to be ignored and undermined by local authorities, it will legitimize the use of the state machinery in general and the judicial system in particular as a means to silence and oppress the media’s right to tell and the people’s right to know. The ‘no progress’ in the investigation of the case and the release of the criminal under custody is a serious a signal that all those that have a stake in Somaliland’s stability, democratization and statehood should be alerted – the reason why we copied this letter to many other actors.
We strongly appeal to you, as the head of state, to instruct the law enforcement agencies and the cheif to take appropriate action, giving us (and all other Citizens of Somaliland) the opportunity to have a fair trial regarding the case of our attempted murder while ensuring that ALL are equal before the law no matter their opinion, profession, rank, race, religion and political affiliation. Thus it is vital to ensure that the investigation and trial of these perpetrators be carried out in a transparent, timely and fair manner.



Regards,

For detailed information of this case,please click the following key links:

 http://www.theguardian.com/media/greenslade+world/ethiopia
 http://en.rsf.org/somalie-jail-terms-and-heavy-fines-for-two-04-07-2013,44892.html
 http://www.ifex.org/somalia/2013/07/04/two_journalists_sentenced/
 http://www.bizcommunity.com/Article/195/15/96021.html
 http://cpj.org/blog/2013/08/qa-hubaals-editor-talks-about-the-press-in-somalil.php
 http://www.article19.org/resources.php/resource/37149/en/somaliland:-conviction-of-journalists-is-a-miscarriage-of-justice