Contact: Benadir-Watch
June 15, 2003
Harmonization Committee
IGAD Technical Committee
Ambassador Bethwel Kiplagat/Chairman
Secretariat
Intergovernmental Authority on Development
That the question of identity and rights of indigenous peoples
is a vital issue of historic importance for the present and future of
That the indigenous peoples of
That, because of its history, conquest, colonization, migrations, and forced displacements, the Somali nation is multi-ethnic, multicultural and multilingual in nature;
That it is of fundamental importance that all those who have at heart the existence of the Somali nation at this critical juncture in the history of the nation recognize and respect the identity and political, economic, social and cultural rights of all the socio-cultural groups who lay claim on their share of the Somali territory, as rightful citizens of the nation, within the unity of the Somali nation, and subject to the indivisibility of the territory of Somalia;
That the indigenous peoples of the Benadir have been particularly subject to de facto levels of discrimination, exploitation and injustice, on account of their origin, culture and language and that, like many other sectors of the national community, they have to endure unequal and unjust treatment and conditions on account of their economic and social status;
That this historical reality has affected and continues to
affect these peoples profoundly, denying them the full exercise of their rights
and political participation, and hampering the configuration of a national
unity which should adequately reflect the rich and diversified structure of
That until this problem affecting the Somali society is resolved, its economic, political, social and cultural potential will never be able to develop fully and neither will it be able to take its place in the community of nations due to it by virtue of its ancient history and the spiritual grandeur of its peoples;
That it will be possible to eliminate oppression and discrimination in Somalia only if due recognition is given to all aspects of the identity and rights of the peoples who have inhabited and continue to inhabit it, all of whom are components of its present reality and protagonists in its development, in all senses;
That the current regional boundaries of the Benadir were imposed unlawfully by the colonial and military regimes in the country without the consent of the Benadiri people and in no way reflect the original and integral boundaries of the Benadir from Mogadishu to Kisimayo and to the Bajuni Islands, and are therefore legally null and void, and that this is historically a legitimate and compelling claim in light of the drive for federalism as explicitly manifested in the current IGAD sponsored Somali Reconciliation Conference;
That all matters of direct interest to the indigenous peoples of the Benadir need to be dealt with by and with them and that the present agreement seeks to create, expand and strengthen the structures, conditions, opportunities and guarantees regarding participation of the indigenous peoples, with full respect for their identity and the exercise of their rights;
That the international community, through the United Nations and the agencies and programs of the United Nations, the Inter-Governmental Authority on Development, the Organization of African Unity and other international agencies and instruments recognize and support the aspirations of the indigenous peoples who wish to gain control over their own institutions and forms of life as peoples;
So shall the Government of Somalia (herein after known as Government) to be established at the IGAD-sponsored Somali Reconciliation Conference in Nairobi in 2003 and/or any other future government to be established in Somalia pledges to recognize and fulfill the terms of this agreement, as an integral part of the constitution of the nation, rendered necessary and binding because of the inadequate nature of the proposed draft constitution(s), as far as the historically pressing and humanitarian concerns of the Benadiri people are concerned:
II IDENTITY OF THE
INDIGENOUS PEOPLE
OF THE BENADIR OF
II.1 Recognition of the identity of the indigenous peoples of the Benadir is fundamental to the construction of a national unity based on respect for and the exercise of political, cultural, economic and spiritual rights of all Somalis.
II.2 The identity of the peoples is a set of elements which define them and, in turn, ensure their self-recognition and that in the case of the Benadiri people, who have shown the capacity to resist assimilation throughout the centuries, these fundamental elements consist of:
(a) Direct descent from the ancient
civilization of East Africa and
(b) Cultures deriving from a common
(c) A view of the world based on the harmonious relationship of all elements of the universe, in which the human being is only one additional element, in which the earth is the mother which gives life and maize is a sacred symbol around which the Benadiri culture revolves.
(d) A common philosophy based on the principles and structures of the Islamic religion, a legacy of scientific, technical, and marine knowledge, artistic and aesthetic values of their own, a collective historical memory, a community organization based on solidarity and respect for one's neighbors, and a concept of authority based on ethical and moral values; and
(e) A sense of their own identity.
II.3 Recognition of the geographic boundaries of the Benadir from Warsheikh to Kisimayo and Bajuni Islands, and inland along the down stream banks of the Shebelle and Juba Rivers.
III.1 Struggle against de iure and de facto discrimination
III.1.a To overcome the age-old discrimination against indigenous peoples, the
assistance of all citizens will be needed in the effort to change thinking. attitudes and behavior. This change must begin with a clear recognition by all Somalis of the reality of racial discrimination and of the compelling need to overcome it and achieve true peaceful coexistence.
III.1.b With a view to eradicating discrimination against the indigenous peoples, the Government shall take the following measures:
(i) Classify ethnic and cultural discrimination as a criminal offence;
(ii) Classify the use of state resources to seize land and property belonging to the Benadiri people as a criminal offense;
(iii) Institute equal opportunity for all citizens as a basis on all government funded projects and services, and generate and maintain appropriate statistics to support the fairness of the system;
(iv) Review
whatever constitution is adopted at the current IGAD-sponsored Somali
Reconciliation Conference in
(v) Widely disseminate information on the rights of the indigenous peoples through education, the communications media and through other channels; and
(iv) Promote the creation of legal offices for the defense of indigenous rights and the installation of popular law offices to provide free legal assistance for persons of limited economic means in municipalities in which indigenous communities are prevalent. Furthermore, the United Nations Office for Human Rights and other organizations for the protection of human rights are urged to give special attention to the protection of the rights of the Benadiri people.
III.2 Rights of indigenous women
III.2.a It is recognized that indigenous women are particularly vulnerable and helpless, being confronted with twofold discrimination both as women and as indigenous, and also having to deal with a social situation characterized by intense poverty and exploitation. The Government undertakes to take the following measures:
(i) Promote legislation to classify sexual harassment as a criminal offence, and considering as an aggravating factor in determining the penalty for sexual offences the fact that the offence was committed against an indigenous woman,
(ii) Establish an Office for the Defense of Indigenous Women's Rights, with the participation of such women, including legal advice services and social services; and
(iii) Promote the dissemination and faithful implementation of the Convention on the Elimination of All Forms of Discrimination against Women.
III.2.b The communications media and organizations concerned with the promotion of human rights are urged to cooperate in the attainment of the objectives listed in this section.
III.3 International instruments
II.3.a The Government undertakes to promote a bill incorporating the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination in the penal Code.
III.3.b The Government shall become a party to the International Convention on the Elimination of All Forms of Racial Discrimination and undertakes to use all available means to support the objectives of the Committee on the Elimination of Racial Discrimination.
III.3.c Promote immediate approval of the provisions of the Indigenous and Tribal Peoples Convention 1969 (ILO Convention No. 169) of the International Labor Organization.
IV.1 Benadiri
culture is the original basis of
IV.2 The development of the national culture is therefore inconceivable without recognition and promotion of the culture of the indigenous peoples. Thus, in contrast with the past, educational and cultural policy must be oriented to focus on recognition, respect and encouragement of indigenous cultural values. With such recognition of cultural differences in mind, an effort must be made to promote contributions and exchanges that can help to enrich the Somali society.
IV.3 The Benadiri people are the authors of their cultural development. The role of the State is to support that development by eliminating obstacles to the exercise of this right, adopting the necessary legislative and administrative measures to strengthen indigenous cultural development in all fields covered by the State and ensuring the participation of indigenous persons in decisions on the planning and execution of cultural programs and projects through their organizations and institutions.
IV.4 Language
IV.4.a Language is one of the mainstays of
culture as the vehicle for learning, preserving indigenous knowledge and
cultural values. Thus, all the languages spoken in
IV.4.b To that end, the Government shall take the following measures:
(i) Promote
the listing of all languages existing in
(ii) Promote the use of all indigenous languages in the educational system, to enable children to read and write in their own tongue or in the language most commonly spoken in the community to which they belong and, in particular, protect multilingual and intercultural education and institutions such as the Benadiri Schools and other indigenous educational projects;
(iii) Promote the use of the languages of the indigenous people when providing State social services at the community level;
(iv) Inform indigenous communities, in their own languages in keeping with the traditions of the indigenous peoples and by adequate means, of their rights, obligations and opportunities in various areas of national life. Recourse shall be made, if necessary, to written translations and the use of mass communications media in the languages of the indigenous peoples of the Benadir;
(v) Promote programs for the training of multilingual judges and court interpreters from and into indigenous languages;
(vi) Enhance the status of indigenous languages, opening up new opportunities for them in the mass communications and cultural transmission media, strengthening such organizations as the Academy of Benadiri Languages, Benadiri Academy of Arts, and other similar institutions; and
(vii) Promote the granting of official status to indigenous languages. To that end a commission will be set up with the participation of representatives of the linguistic communities and the Academy of Benadiri Languages of Somalia, which shall study arrangements for granting official status, taking account of linguistic and territorial criteria.
IV.5 Names, surnames and place names
The Government reaffirms the full right of the Benadiri people to register their indigenous names, surnames and place names. It also reaffirms the right of the indigenous communities to change the names of places in which they reside, when a majority of members so decide. The Government shall take the measures provided for in part II, section 1, of this agreement to combat any de facto discrimination in the exercise of this right.
III.6.a. Recognition is accorded to the importance and special nature of the Benadiri spirituality as an essential component in their vision of the world and in the transmittal of its values.
III.6.b. The Government undertakes to secure respect for the exercise of this spirituality in all its manifestations, and particularly for the right to practice it, both in public and in private by means of education, worship and observance. Recognition is also given to the importance of the respect due to indigenous spiritual guides and to sacred ceremonies and holy places.
III.6.c. The Government stipulates that the State recognizes, respects and protects the various forms of spirituality practiced by the Benadiri people.
IV.7 Ceremonial centers and holy places
IV.7.a. Recognition is accorded to the historical value and current importance of temples and ceremonial centers as part of the cultural, historical and spiritual heritage of the Benadiri people and other indigenous peoples.
IV.7.b. Temples and ceremonial centers of archaeological value constitute part of the national cultural heritage. As such, they must be protected. In that context, measures must be taken to ensure that this principle is not violated in the case of temples and ceremonial centers of archaeological value situated or found on private property.
IV.7.c. The right of the Benadiri people to participate in the conservation and administration of such places must be recognized. To guarantee this right, the Government undertakes to promote, with the participation of indigenous peoples, legal measures to ensure redefinition of State entities responsible for this function in order to make this right effective.
IV.7.d. Changes shall be made in the regulations for the protection of ceremonial centers in archaeological areas to ensure that such regulations permit the practice of spirituality and cannot be made an impediment to the exercise of spiritual values. The Government shall promote, in cooperation with indigenous spiritual organizations, regulations governing access to ceremonial centers to guarantee the free practice of indigenous spirituality in conditions of respect laid down by spiritual guides.
It is recognized that there are other holy places in which indigenous spirituality and, in particular, Benadiri spirituality, is traditionally practiced and which need to be preserved. A commission formed of representatives of the Government and indigenous organizations and of indigenous spiritual guides shall be set up to identify these places and establish rules for their preservation.
IV.9 Use of indigenous dress
IV.9.a. The constitutional right to wear indigenous dress must be respected and guaranteed in all areas of national life. The Government shall take the measures provided for in part II, section 1, of this document to combat any de facto discrimination regarding the use of indigenous dress, such as the subaaci, xariir, aliindi, shanley, hoos-gunti.
IV.9.b. Furthermore, in a campaign to make the public more aware of the different manifestations of the Benadiri cultures, information shall be provided on the spiritual and cultural value of indigenous dress and the need to respect it.
IV.10.a The existence and value of the scientific and technological knowledge of the Benadiri people and other indigenous peoples are recognized. This legacy must be retrieved, developed and disseminated.
IV.10.b. The Government undertakes to promote the study and dissemination of this knowledge and to help put it to practical use. Universities, academic centers, the communications media, non-governmental organizations and international cooperation agencies are urged to validate and publicize the scientific and technical contributions of indigenous peoples.
IV.10.c. Furthermore, the Government shall facilitate access by indigenous peoples to contemporary knowledge and shall promote scientific and technical exchanges.
IV.11 Education reform
IV.11.a. The
educational system is one of the most important vehicles for the transmittal and
development of cultural values and knowledge. It must be responsive to the
cultural and linguistic diversity of
IV.11.b. To this end, the Government undertakes to promote the following reforms in the educational system:
(i) Decentralize and regionalize the system in order to adapt it to linguistic and cultural needs and specific features;
(ii) Give communities and families, which are a source of education, an active role in determining curricula and the school calendar and the authority to recommend the appointment or removal of teachers in order to better serve the educational and cultural interests of communities;
(iii) Incorporate the educational concepts of the Benadiri and other indigenous peoples, particularly in the philosophical, scientific, artistic, pedagogical, historical, linguistic and socio-political areas, as part of the overall reform of the educational system;
(iv) Expand and promote intercultural multilingual education and place emphasis on the study and knowledge of indigenous languages at all educational levels;
(v) Promote improvements in the socio-economic living conditions of communities by developing the values, content and methods of their culture, technological innovations and the ethical principle of protection of the environment:
(iv) Include in educational syllabuses programs that strengthen national unity through respect for cultural diversity;
(vi) Recruit and train indigenous multilingual teachers and technical and administrative officials to develop education in their communities and to introduce mechanisms to permit consultation with and the participation of representatives of indigenous communities and organizations in the educational process;
(vii) Pursue the effective realization of the constitutional right to education to which the entire population is entitled, especially in indigenous communities which exhibit the lowest levels of educational coverage, by expanding such coverage and taking steps to ensure the achievement of these objectives: and
(vii) Increase the budget of the Ministry of Education, so that a substantial part of this increase can be allocated to the implementation of educational reform.
IV.11.c. As part of the educational reform, full account shall be taken of the different Benadiri educational experiences. The Benadiri Schools shall continue to be encouraged. The establishment of a Benadiri university or indigenous institutions of higher learning shall also be promoted.
IV.11.d. In order to facilitate access by indigenous people to formal and non-formal education, the system of scholarships and student grants shall be strengthened. Teaching materials containing cultural and gender stereotypes shall also be revised.
IV.11.e. A joint commission comprised of representatives of the Government and of indigenous organizations shall be established to design the above-mentioned reform.
IV.12 Mass media
IV.12.a. Like the educational system, the communications media play a paramount role in the defense, development and transmittal of cultural values and knowledge. It is the responsibility not only of the Government but also of all those working in and involved with the news media to promote respect for indigenous cultures, the dissemination of such cultures, and the elimination of all forms of discrimination, and to help all Somalis to take full possession of their multicultural heritage.
IV.12.b. For its part, in order to promote the broadest possible access to the communications media by the Benadiri communities and institutions and those of the other indigenous peoples, the widest possible dissemination in indigenous languages of the indigenous, and especially Benadiri cultural heritage, as well as of the universal cultural heritage, the Government shall, in particular, take the following measures:
(i) Create opportunities in the official media for the dissemination of expressions of indigenous culture and promote a similar opening in the private media:
(ii) Promote the reforms of the existing Act on radio communications that are required in order to make frequencies available for indigenous projects and to ensure respect for the principle of non-discrimination in the use of the communications media. Furthermore, promote the abolition of any provision in the national legislation which is an obstacle to the right of indigenous peoples to have their own communications media for the development of their identity; and
(iii) Regulate and support a system of informational, scientific, artistic and educational programs on indigenous cultures in their languages, through the national radio, television and the written media.
V
CIVIL, POLITICAL, SOCIAL AND
ECONOMIC RIGHTS
V.1 Constitutional framework
The Government undertakes to promote, define and characterize the Somali nation as being of national unity, multi-ethnic, multicultural and multilingual.
V.2 Local indigenous communities and authorities
V.2.a. The cohesion and dynamism of the Benadiri people enabled them to preserve and develop their culture and way of life, despite the alienation and discrimination to which they have been subjected.
V.2.b. Bearing in mind the constitutional commitment of the State to recognize, respect and promote these forms of organization which are peculiar to the indigenous communities, recognition is accorded to the role of the community authorities that were constituted in accordance with the customary norms of the communities, in the management of their affairs.
V.2.c. Recognizing the role of the communities, within the framework of municipal autonomy, in exercising the right of indigenous peoples to determine their own development priorities, particularly in the fields of education, health, culture and the infrastructure, the Government undertakes to strengthen the capacity of such communities in this area.
V.2.d. To this end, and in order to promote the participation of the indigenous communities in the decision-making process in all matters which affect them the Government shall reform the Municipal Code.
V.2.e. That reform shall be implemented within the framework of municipal autonomy and the legal provisions granting indigenous communities the right to manage their internal affairs in accordance with their customary norms:
(i) Definition of the status and legal capacity of indigenous communities and their authorities constituted in accordance with traditional norms;
(ii) Definition of the modalities concerning respect for customary law and all matters related to the habitat in the discharge of municipal functions, taking into consideration, where necessary, the situation of linguistic, ethnic and cultural diversity of the municipalities;
(iii) Definition of the modalities for promoting the equitable distribution of government expenditure, including the percentage of the State's general budget of regular revenue which is transferred annually to the municipalities, among the communities, indigenous or non-indigenous, that make up the municipality, strengthening the capacity of those communities to manage resources and to be the instruments of their own development; and
(iv) Definition of the modalities for communities to join together in the defense of their rights and interests and the conclusion of agreements for the design and implementation of communal and regional development projects.
V.3. Regionalization
Taking account of the advisability of having a regional administration based on far-reaching decentralization and de-concentration, the pattern of which reflects economic, social, cultural, linguistic and environmental criteria, the Government undertakes to regionalize the administration of the educational, health and cultural services of the indigenous peoples on the basis of linguistic criteria; in addition, it undertakes to facilitate the effective participation of community representatives in the management of education and culture at the local level in order to guarantee efficiency and relevance.
V.4. Participation at all levels
V.4.a. It is recognized that the indigenous peoples have been excluded from the decision-making process in the country's political life, so that it is extremely difficult, if not impossible, for them freely and fully to express their demands and defend their rights.
V.4.b. In this connection, it is reaffirmed that the Benadiri people have the right to create and manage their own institutions, to control their development and to have a genuine opportunity freely to exercise their political rights. It is also recognized and reaffirmed that the free exercise of these rights gives validity to their institutions and strengthens the unity of the nation.
V.4.c. Consequently, it is necessary to institutionalize the representation of indigenous peoples at the local, regional and national levels and to ensure their free participation in the decision-making process in the various areas of national life.
V.4.d. The Government undertakes to promote legal and institutional reforms to facilitate, regulate and guarantee such participation. It also undertakes to plan such reforms with the participation of representatives of the indigenous organizations through the establishment of a joint commission on reform and participation; made up of representatives of the Government and of the indigenous organizations.
V.4.e. Without limiting its mandate, the commission may consider reforms or measures in the following areas:
(i) Mandatory mechanisms for consultation with the indigenous peoples whenever legislative and administrative measures likely to affect the Benadiri people are being considered;
(ii) Institutional forms of individual and collective participation in the decision-making process, such as advisory, consultative or other bodies that ensure a permanent dialogue between organs of the State and the indigenous peoples;
(iii) Institutions representing the indigenous peoples which defend the interests of the indigenous peoples at the regional and/or national level and which have statutes that ensure their representativity and powers that guarantee the adequate defense and promotion of those interests, including the power to make proposals to the executive and legislative bodies: and
(iv) Guarantee of free access by indigenous peoples to the various branches of public service, promoting their appointment to posts within the local, regional and national government administrations whose work most directly concerns their interests or whose activities are limited to predominantly indigenous areas.
V.5 Customary law
V.5.a. The traditional norms of indigenous peoples have been and continue to be an essential element for the social regulation of the life of the communities and, consequently, for the maintenance of their cohesion.
V.5.b. The Government recognizes that both the failure of national legislation to take account of the customary norms which govern life in the indigenous communities and the lack of access by indigenous peoples to the resources of the national judicial system have resulted in the denial of rights, in discrimination and in marginalization.
V.5.c. To strengthen the security before the law of the indigenous communities,
the Government undertakes to promote, before the legislative organ and with the participation of indigenous organizations, the development of rules of law which would recognize the right of the indigenous communities to manage their own internal affairs in accordance with their customary norms, provided that the latter are not incompatible with the fundamental rights defined by the national legal system or with internationally recognized human rights.
V.5.d. In cases where the intervention of the courts is required, and in particular in criminal matters, the competent authorities should take fully into account the traditional norms governing the communities. To this end, the Government undertakes to take the following measures:
(i) Propose, with the participation of representatives of indigenous organizations, legal provisions calling for the inclusion of cultural expertise and the development of mechanisms which would permit the community authorities to indicate the customs which constitute their set of internal norms; and
(ii) Promote, in coordination with Somali universities, professional associations and indigenous organizations, a continuing program for judges and officers of the courts on the culture and identifying features of the indigenous peoples and, in particular, an understanding of the norms and mechanisms which govern their community life.
V.5.e. To ensure the access of indigenous peoples to the resources of the national legal system, the Government undertakes to promote free legal advisory services for those with limited economic resources and reiterates its obligation to make court interpreters available to the indigenous communities, free of charge, thus ensuring the application of the principle that no one may be judged without having had the assistance of interpretation into his own language.
V.5.f. The Government, in cooperation with indigenous organizations, national universities and competent professional associations, shall promote the systematic and in-depth study of the values and procedures of the traditional system of norms.
V.6. Rights relating to land and property of the indigenous peoples
V.6.a. The rights relating to land of the indigenous peoples include both the communal or collective and the individual tenure of land, rights of ownership and possession and other real rights, and the use of natural resources for the benefit of the communities without detriment to their habitat. Legislative and administrative measures must be developed to ensure recognition, the awarding of title, protection, recovery, restitution and compensation for those rights.
V.6.b. The lack of protection of the rights relating to land and natural resources of the indigenous peoples is part of a very wide-ranging set of problems resulting, inter alia, from the fact that both the indigenous and the non-indigenous peasants have had difficulty in having their rights legalized through the acquisition of title and land registration. When, in exceptional cases, they have been able to have their rights legalized, they have not had access to legal mechanisms to defend them.
V.6.c. The situation with regard to the particular lack of protection and plundering of indigenous communal or collectively held lands must be addressed within the framework of this agreement. The Somali Constitution must establish the obligation of the State to give special protection to cooperative, communal or collectively-held lands; and recognize the right of indigenous and other communities to maintain the system of administration of the lands which they hold and which historically belong to them.
V.6.d. Recognizing the special importance which their relationship to the land has for the indigenous communities, and in order to strengthen the exercise of their collective rights to the land and its natural resources, the Government undertakes to adopt directly, when that is within its competence, and to promote, when that is within the competence of the legislative organ or the municipal authorities, the following measures, inter alia, which shall be implemented in consultation and coordination with the indigenous communities concerned.
V.6.e. The Government shall adopt or promote the following measures:
(i) Recognize and guarantee the right of access to lands and resources which are not occupied exclusively by communities but to which the latter have historically had access for their traditional activities and their subsistence (rights of way, such as passage, wood-cutting, access to springs, etc., and use of natural resources) and for their spiritual activities;
(ii) Recognize and guarantee the right of communities to participate in the use, administration and conservation of the natural resources existing in their lands;
(iii) Secure the approval of the indigenous communities prior to the implementation of any project for the exploitation of natural resources which might affect the subsistence and way of life of the communities. The communities affected shall receive fair compensation for any loss which they may suffer as a result of these activities; and
(iv) Adopt, in cooperation with the communities, the measures necessary for the protection and preservation of the environment.
V.6.f. Recognizing the particularly vulnerable situation of the indigenous communities, which have historically been the victims of land plundering, the Government undertakes to institute proceedings to settle the claims to communal lands formulated by the communities and to restore or pay compensation for those lands. In particular, the Government shall adopt or promote the following measures.
(i) Suspend the awarding of supplementary titles in respect of property to which the indigenous communities have claimed a right;
(ii) Suspend the statute of limitations in respect of any action involving the restitution of land and property belonging to the indigenous communities, starting from the land alienation policies of the Italian Colonial Regime, the Trusteeship Administration, the 1960-69 Civil Administration, the 1969-90 Military Dictatorship, the anarchy that followed, all the way to the present; and
(iii) Establish procedures to compensate the alienation of land and property belonging to the indigenous peoples.
V.6.g. In order to facilitate the defense of the aforementioned rights and to protect the communities effectively, the Government undertakes to adopt or promote the following measures:
(i) Develop legal rules recognizing the right of indigenous communities to administer their lands in accordance with their customary norms;
(ii) Promote an increase in the number of courts dealing with land and property cases and expedite procedures for the settlement of those cases;
(iii) Urge faculties of law and the social sciences to strengthen the agrarian law component of the curriculum and include a knowledge of the relevant customary norms;
(iv) Establish competent legal advisory services to advise on land claims;
(v) Provide the indigenous communities with the services of interpreters, free of charge, in respect of legal matters;
(vi) Promote the widest dissemination, within indigenous communities, of information about land rights and the legal recourses available; and
(vii) Eliminate any form of discrimination against women, in fact or in law, with regard to facilitating access to land, housing, loans and participation in development projects.
V.6.h. The Government undertakes to give the fulfillment of the undertakings set
out in this section 6 the priority which the situation of insecurity and urgency that characterize the land problems of the indigenous communities deserves. To that end, the Government shall, in consultation with the indigenous peoples, establish a joint commission on the rights relating to land of the indigenous peoples to study, devise and propose more appropriate institutional arrangements and procedures, from the advent of Italian colonialism to the present. The commission shall be composed of representatives of the Government and of indigenous organizations
With regard to the composition and functioning of the commission on education reform referred to in part III, section 7, paragraph 5, the commission on reform and participation referred to in part IV, section 4, paragraph 4, and the commission on rights relating to land of the indigenous peoples referred to in part IV, section 6, paragraph 10, the Government agrees to the following:
(1) The commissions shall be composed of an equal number of representatives of the Government and representatives of indigenous organizations;
(2) The number of members of the commissions shall be established in consultations between the Government and the representatives of the Benadiri people.
(3) Representatives of the Benadiri people shall convene the Benadiri organizations interested in participating in the said commissions for them to designate indigenous representatives to them;
(4) The commissions shall adopt their conclusions by consensus;
(5) The commissions shall base their operation on the mandates set out in this agreement; and
(6) The commissions may request the advice and cooperation of national and international organs relevant to the discharge of their mandates.
In view of the importance of the measures set out in this agreement, the Government undertakes to make every effort to mobilize the resources which are essential for the fulfillment of the undertakings it has given in this agreement. In addition to the Government, broad sectors of the national community may play an active role in promoting respect for the identity of the indigenous peoples and the full exercise of their rights. Those sectors are urged to contribute to the implementation of this national agenda in the areas within their competence with the resources available to them. International cooperation is essential to supplement national efforts with technical and financial resources.
VIII. FINAL PROVISIONS
VIII.1. The United Nations is requested to undertake the verification of the implementation of this agreement, and it is suggested that, in planning the verification mechanism, the United Nations should take into account the views of indigenous organizations.
VIII.2. The aspects of this agreement which relate to
the human rights recognized in the legislation of
VIII.3. This agreement shall form part of the final deliberations of the Somali National Reconciliation Conference currently held in Nairobi under the auspices of the Inter-Governmental Authority on Development and shall enter into force at the time of the signing of the reconciliation agreement.
VIII.4. This agreement shall be disseminated as widely as possible both in Somali, Arabic and English and in the principal indigenous languages. To this end, international financial cooperation is requested.
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