The Conference Of Digil And Mirifle Held In Baidoa 

In the name of Allah, the All-Merciful, the All-Compassionate

ADOPTION OF LAW BAIDOA 19/3/95

The general conference of Digil and Mirifle held in Baidoa on 26/2/95 - 19/3/95 and participated by the politicians, Sultans, Malaqs, Religious leaders, businessmen, Intellectuals, women organization and youth groups, different Militia from all parts of Digil and Mirifle.

• After lengthy discussions about the general condition of Somalia, particularly the regions inhabited by Digil & Mirifle communities, and to the fact that all causes like the chaos, looting and destruction, were discussed in detail.

• After realizing the failure of all efforts towards national reconciliation, and the revival of all public institutions despite appreciable donations from aid agencies and donor community.

• After identifying the need to prevent the reoccurrence of the horrible acts against Digil & Mirifle communities and their respective belongings.

• After noting none existence of central government till this date and acknowledgement of ongoing of different reconciliation meetings.

• After the participants were convinced their role and historical leadership of clan, and considering their role in respecting and using Sharia Islam law in order to safe-guard the general interest of the Clan and other Somali clans who share with culture and territorial neighborhood.

• The Digil & Mirifle clan, who geographically inhabit the lands of L/Juba, Bay region, Bakool, M/Juba, Gedo and Lower Shabelle have a boundary with Kenya, Ethiopia and the Indian Ocean.

THE DIGIL & MIRIFLE CONFERENCE DECIDED ON THE FOLLOWING ARTICLES

Article 1.

TO USE ISLAMIC SHARIA LAW

The Digil & Mirifle who believe and practice Islam 100% had unanimously decided to establish Islamic Court to execute Sharia Law.

Resolutions from legislative bodies, administrative and social decisions from leaders will be based on Islamic Sharia Law and can not be opposed.

Article 2

THE POLITICAL AGENDA & THE CONSTITUTION OF DIGIL & MIRIFLE

The Digil & Mirifle community supports introduction of federal state system whereby the Somali nation will be divided into four states (see attached map), 1. Digil & Mirifle community, Hawiye community, Darod community, Isaq or Dir community.

Other minorities within these region will share constitutionally their rights with respective host aforementioned communities in mutual consent.

The regions within each federal state will have its own administration (regional autonomy).

Digil & Mirifle will have their own constitution as other communities will have theirs in a federal manner.

Article 3

THE STRUCTURE OF COUNCIL OF LEADERS

The Council of Leaders will compose of 33 permanent members appointed by the conference on merit.

The members of Permanent Council of leaders will then appoint from within a committee of five as Presidential Council and a Secretary General and will have a rotational president to be approved by the Council of Leaders.

The activities of the permanent Members will be based on committees and their respective responsibilities will be outlined in the law.

The committees will be as follows:-

• The committee of Judiciary and Legislative Affairs
• The committee of Political Affairs
• The committee of Economy
• The committee of Social Affairs
• The committee of Security & Defense
• and if needed additional committee.

Article 4

Selection and Appointment of Members

The Council of Leaders of Digil & Mirifle will be selected from the various social groups in justice representing the existing realities and merit of the personalities involved.

Article 5

CONDITIONS OF THE COUNCIL OF LEADERS OF DIGIL & MIRIFLE

Conditions required for membership of Council of Leaders of Digil and Mirifle are:-

• Not less than 30 years of age.
• A native of Digil and Mirifle Community.
• Loyal to the Digil & Mirifle principals.
• Should possess at least Secondary School leaving Certificate or equivalent or have long term experience in management and administration.
• Should be fit health wise
• Have sound conduct.
• Should believe Islamic religion.

Article 6

THE RESPONSIBILITIES OF COUNCIL OF LEADERS OF DIGIL& MIRIFLE

It has been established a Council of Leaders of 175 members for the community of Digil & Mirifle whose seat will be Baydhabo (Baidoa).

The responsibilities of the Council of Leaders of Digil & Mirifle will be:-

• Supreme authority of political affairs, administration, economy of the Digil & Mirifle communities in all their respective regions and districts till the establishment of central broad based federal government.
• Drafting of defense strategy for all districts and regions of Digil & Mirifle.
• Establishment of fiscal and tax collection law.
• x)Appointments and dismissal of governors and district councils, commanders of armed forces, presidents of regional and district courts of Digil & Mirifle community and as well head of different agencies.
• kh) Consultations and participation of other Somali community meetings whether it is a good neighborhood discussion or National reconciliation conferences, only if this meeting is community based one.
• To contact aid agencies and donor countries in an effort to jointly identify priority needs of programmes towards reconstruction, rehabilitation, and economic development.
• To insure proper implementation of Islamic Sharia law and execution of resolutions in the interest of Digil & Mirifle community.
• The Council of Leaders are responsible to insure in any form the rights of members of Digil & Mirifle inhabited in undermined areas.
• Establishment of handicapped centers, and trained to crafts oriented for self-sufficiency.
• Enhancement and development of art and literature as well as encouragement of cultural heritage of Digil & Mirifle community.

Article 7

THE COUNCIL OF ELDERS OF DIGIL & MIRIFLE

The conference decided to establish the Council of Elders comprising from Sultans, Malaqs of Digil & Mirifle, whose seat will be Baidoa, with branches in other regions of Digil & Mirifle Community.

The Council of Elders will be 51 members.

The Council of Elders will comprise of two committees:-

• The Committee of Social Affairs

• The Committee of Defense & Security & a Secretary.

• The Council of Elders will have a Chairman & two deputies.

Article 8

RESPONSIBILITIES OF COUNCIL OF ELDERS

The responsibilities of the Council of Elders are the following:-

• The have the right to advice or propose all issues relating to political, and general economy of the regions & districts of Digil & Mirifle community.

• To give advice about the execution of the resolutions from the Council of Leaders of Digil & Mirifle Community.

• To take preventive measures about the problems facing against the Digil & Mirifle Community.

• To take part the implementation of proper tax collection.

• To solve any problem within the community of Digil & Mirifle and between other Somali communities.

• To take prominent part the reconciliation of the Somali Nation.

• To take dynamic role the implementation and usage of Islamic Sharia Law.

• To forward their respective political, economical and defense proposals to the council of Leaders of Digil & Mirifle

Article 9

THE STRATEGY OF DEFENSE OF DIGIL & MIRIFLE COMMUNITY

A Central Command of armed forces will be established as well as a Police force for Digil & Mirifle Community. These forces will be under the management of regional and district authority until the formation of broad based government for Somalia.

The central command of armed forces will take orders from the Defense Committee of the Council of Leaders of Digil & Mirifle Community.

The Defense Committee will draft the strategy of defense of Digil & Mirifle until the formation of a broad based federal government.

Article 10

ESTABLISHMENT OF ADMINISTRATION AT REGIONAL AND DISTRICT LEVELS

It has been agreed the establishment of regional & district councils in every region within the area of Digil & Mirifle area. The officials will be selected from the deferent sub-clans of the community.

The number of council members and their respective responsibilities as well as judiciary bodies will be defined by special law.

Article 11

THE LAW OF THE ADMINISTRATION & SECURITY AGENCIES OF THE REGIONS OF DIGIL & MIRIFLE

The Conference of Digil & Mirifle has decided to adopt the attached rules and regulations which will govern the administrative and security issue of Digil & Mirifle communities.

It has been decided that the authorities of the regions and districts should properly implement the adopted law.

Article 12

TAXATION LAWS AND STRENGTHENING OF ECONOMIC SECTORS

The Conference of Digil & Mirifle Community has given the responsibilities of formulating laws of taxation and management of revenues through out the area of the community.

The tax revenue will recourse of funding the various social services such as defense, and wellbeing of the of the community.

Welfare of all workers within the administration as well as the military equipment will be covered from the resources obtained from tax collection of Digil & Mirifle and/or donations from friendly and brotherly governments.

It has been agreed that regional and district official to carry out a campaign of orientation informing tax payers about the end use of the revenue.

To give priority to the economic sectors such as agriculture (Irrigation & Water catchments, livestock and range, and marketing strategy etc. marine resources and safe-guarding of the environment.

Prevention of soil erosion.

Article 13

THE OATH OF VARIOUS COUNCIL MEMBERS

When a member of council of leaders takes oath, it will be started in the name of our mighty Allah, confirming that he/she will discharge their respective responsibilities through loyalty and verve whereby the member will give priority to the interest of community rather than his/her own interest.

The council members can not be held detained for his an opinion forwarded during the council meeting or other charges. The detention of a council member will be only possible when caught in flagrancy or when the attorney general convicts a charge and orders detention. However a warrant must be approved by the Council of Leaders through a vote of at least two thirds of members.

Article 14

THE RELATION WITH AID AGENCIES AND DONOR COUNTRIES

The community will undertake to implement properly their respective role towards the SACB recommendations as well as humanitarian resolution reached in Addis Ababa during 29 November - 1 December 1993.

The Digil & Mirifle community, after thanking Allah, would like to thank largely to the famine campaign carried out by the UN agencies and donor countries in saving thousands of lives especially the Digil & Mirifle community from the mass starvation caused by the civil war.

The council of Leaders of Digil & Mirifle and local authorities of the regions and districts of the community would like to enhance the already good relations with the aid agencies and donor countries up until the formation of a national government or implementation of a federal system.

Article 15

THE DURATION OF THE COUNCIL OF LEADERS

The term in office of Council of Leader will be transitional for 2 years, but could be dismissed if a broad based government or a federal system established during this period. However if such development does not occur within the mandated period which will commence at the date of oath taking, then a new council will be appointed at another Digil & Mirifle conference.

Article 16

THE EXISTENCE OF FACTIONS

The chairman of the Digil & Mirifle Conference recognizes the existence of political factions of the Community as far as other factions exist.

• They are free to manage with their respective rules and regulations but can not oppose the general interest of Digil & Mirifle.

• The chairman of the conference, however, recognizes that all Somali factions have equal treatment in their appellation (appreciation) despite numbers will share power on the basis of four ethical groups such as Digil & Mirifle, Hawiye, Darod, Isaq or dir as indicated in article 2.

Article 17

THE REVIVAL OF THE SOMALI NATION

The community of Digil & Mirifle appeals other Somali factions to conduct a national reconciliation conference to formulate a Somali government, and retrieve the dignity and sovereignty of the country, and rehabilitate the national economy.

The community have decided the style of the government should be federal, as to insure justice self rule of individual communities and equal power sharing among the various communities for the management of the national resources.

Article 18

Amendments

The adopted law can not be deviated from the basic principals of Islamic Sharia law and the unity of Somalia.

The amendment of this law could be effective only if two thirds of council of leaders of Digil & Mirifle approves.

Article 19

IMPLEMENTATION

The conference of Council of Leaders of Digil & Mirifle had decided to implement the adopted law effective from the date of establishment of council of leaders.

Article 20

Publication

The adopted law will be published in the news papers, radio broadcasts both local and international. A hard copy will be attached at public places, aid agency offices as well as the offices of Council of leaders of Digil & Mirifle.

 

The Chairman of the conference of Digil & Mirifle

Honorable Sheikh Yarow Abdiyow