STUDY REPORT
AN ANALYSIS OF WOMEN’S LAND RIGHTS & TERRITORIAL RIGHTS OF SOMALI MINORITIES IN SOMALILAND
Principal Consultant: Dr. Adam Ismail Smart Consultancy & Training Agency (SCOTRA)
Hargeisa, Somaliland May 2016
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TABLE OF CONTENTS
LIST OF ACRONYMS ...... 3 LIST OF TABLES AND FIGURES ...... 3 EXECUTIVE SUMMARY ...... 4 Key findings: ...... 6 1. BACKGROUND OF THE STUDY ...... 8 2. HISTORY AND GEOGRAPHY OF SOMALILAND ...... 9 3. METHODOLOGY OF THE STUDY ...... 11 3.1 Study areas ...... 12 3.1 Questionnaire: ...... 12 3.2 Focus group discussions (FGD):...... 13 3.4 Key informant interviews ...... 13 3.5 Case studies: ...... 13 3.6. Smartphone Data Collection ...... 14 4. STUDY RESULTS ...... 14 4.1 Exclusion of women from customary structure ...... 15 4.2 Exclusion of minority groups from public institutions ...... 16 5. WOMEN’S ACCESS TO LAND ...... 19 5.1 Case study 1 ...... 21 5.1 Case Study 2 ...... 22 6. MINORITY GROUPS ACCESS TO LAND ...... 23 6.1 Case study 3 ...... 24 7. ISSUES WITH LAND RIGHTS & IMPACTS ON WOMEN AND MINORITY GROUPS ...... 25 7.1 Resolving conflicts ...... 27 7.2 Way forward ...... 28 8. CONCLUSION AND RECOMMENDATIONS ...... 31 ANNEX 1: LIST OF OFFICIALS INTERVIEWED ...... 33 ANNEX 2: THE PROFILES OF STUDY AREAS ...... 33 Burao District (Togdheer region) ...... 34 Dila District (Awdal region) ...... 34 Hargeisa District (Maroodi-Jeex region) ...... 35 Odweine District (Daad-Madheedh region) ...... 35 Berbera (Sahil region) ...... 35 Bali-Gubadle District (Hawd region) ...... 36 Ainabo District (Saraar region) ...... 36 Eel-Afwayn District (Sanaag region) ...... 36 Las-Anod District (Sool region) ...... 37 ANNEX 3: ASSESSMENT TOOLS ...... 38 Questionnaire 1 (Women Land Rights) ...... 38 Questionnaire 2 (Minority Groups Territorial Rights) ...... 41 Focus Group Discussions ...... 44 Key Informant Interview Guideline Questions ...... 45 ANNEX 4: REFERENCES ...... 46
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ACKNOWLEDGMENT
NAGAAD is grateful to FAO and EU for its financial and technical support which made this research possible. A special thanks to everyone who have assisted us in different ways including the survey respondents, focus group discussion (FGD) participants and key interview informants (KIIs) who gave us their precious time and shared with our team their experiences and views. We also wish to thank our local offices in all 6 regions that facilitated the study team access to local authorities and research participants.
We are thankful to all supervisors and enumerators who made this study possible, at a time when the country was going through a severe drought that decimated the crops and the livestock of the pastoral people.
Finally, NAGAAD would also like to thank the research participants, consultant and the office staff who conducted the study and submitted the report on time.
Disclaimer: The information and issues in this report do not reflect the views or position of FAO or the European Union. Any errors are the sole responsibility of the author.
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LIST OF ACRONYMS CG Central Government FAO Food and Agricultural Agency DFID Department for International Development FGD Focus Group Discussion FHHs Female-Headed Households KII Key Interview Informant MoA Ministry of Agriculture MoL Ministry of Livestock MoP&RD Ministry of Pastoral and Rural Development MoWR Ministry of Water Resources SNM Somali National Movement ToR Terms of Reference UNDP United Nations Development Program
LIST OF TABLES AND FIGURES
TABLES: Table 1: Geographical coverage of the study Table 2: Summary of methods used Table 3: Distribution of FGD groups by districts Table 4: Ages of minority groups samples Table 5: Age of women samples Table 6: Exclusion of women and minority groups from public institutions Table 7: Issues that excluded minorities to own land Table 8: Ways of improving women’s land rights Table 9: Problem perception score among the minority groups Table 10: Ranking of impediment among the minority groups Table 11: Issues that excludes women to own land Table 12: Dispute resolution mechanisms Table 13: Land rights difficulties faced by minority
FIGURES: Figure 1: How women acquired their lands Figure 2: How do minorities acquire their lands? Figure 3: Issues that stops minority groups to own land Figure 4: Major impediments faced by minority groups
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EXECUTIVE SUMMARY The increasing conflict over access to land resources for farming, agro-pastoral and pastoral livelihood systems as well as urban settlements means that women and minorities’ have not been faring well with huge implications on their future regarding access to, use and control of land resources and their livelihoods. In the rural areas, individuals are putting up thorn or wire fences and claiming commonly owned grazing lands as their own. At the same in the urban areas, property speculators have taken advantage of the weak land governance and used all means to illegally grab lands belonging to individuals and communities (often those with low social capital and clan status – women and minority groups).
The purpose of this study is to develop an in-depth understanding of the extent to which land rights of women and territorial rights of minority groups are respected and protected by existing statutory, customary and Sharia laws and practices. In doing so this study has set out to identify the main factors that are impacting on women and minority clans/groups land rights and explore how these could be mitigated. Hence the report is structured around two main objectives:
1. To determine women land rights in terms of access to, use and control of land in both urban and rural areas, and how traditional and religious principles and practices, as well as civil laws and Somaliland Constitution supports or undermine women’s land rights.
2. To determine the territorial rights of minority clans and the extent to which these rights have been respected or abused by different institutions, be them traditional or governmental ones.
For the purpose of this report it is important to understand land rights in the context of Somaliland where, according to Article 12:1 of the Constitution, “All land is public property commonly owned by the nation, and the state is responsible for it”1. This means as far as the land rights are concerned everyone has a right to own it (individually or communally) at least as stated in the constitution. However it is through turning these rights to secure land tenure which falls under the control of the local authorities (municipalities) that creates huge challenges for sections of the community (women and minority groups) and needs to be examined using a legal, political and religious as well as traditional lens in light of statutory and customary principles and practices in land governance and put forward recommendations for policy development and practical implementation.
In this regard establishing secure land tenure rights for women and minority groups is both a major responsibility of the central government and the local authorities since it directly intersects with the interests of the population in terms of public policy process and has
1 Somaliland Constitution, Somaliland Law, 2000.
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implications on peace and stability as well as on the livelihoods of many people. In other words getting land tenure security for all citizens is a critical pre-requisite for stability and sustained economic development in Somaliland.
Study respondents from both women and minority groups have mentioned that land tenure insecurity is caused by several factors including: unclear and not up-to-date land register certificates, torn or lost land registration certificates; title in the name of the dead parents and land administration practices that are not transparent (supportive to corruption). They see it as imperative to create “structured and functioning legal, political and social institutions that support women and minority groups land rights” and then secure their land tenure by protecting the ownership and the territorial rights of these individuals and groups.
Given its deep and long-standing clan-based and political culture, Somaliland has a unique set of factors at play that impact on the current tenure rights. These need to be understood in order to more effectively identify the challenges and opportunities for land reform. As in many post-conflict and fragile countries in Sub-Saharan Africa, in Somaliland some of the pertinent factors that tend to contribute to make land a contentious issue are population growth and movements, unregulated process of tenure, unregulated and changing land use, poor or none- existent land information management systems and equally inadequate legislation and land administrative frameworks.
According to the survey when women respondents were asked: do you think women and minorities face challenges in terms of their land rights? More than 56% (N=134) said yes women do face challenges while almost 44% (N=105) noted that women either don’t face any challenges or not much. When respondents were asked as to what was the main impediments to women’s land rights? Among women the largest number of respondents 45% (N=112) said that cultural and religious reasoning was behind the discrimination against women when it comes to land rights. While the second highest 27% (N=67) said it was lack of interest and misconceptions by women to claim their land rights. However among the minorities 66% (N=165) related the problem of discrimination and faring out less on land rights to the structure of the clan system.
It is hoped that the findings of the study will help people understand the plight of women and minorities in terms of land and territorial rights concerning both central and local authorities decision-makers to introduce land governance policies and regulatory framework that will help women and minority groups’ not only have access to land but also gain tenure security through proper land tenure systems and ensure a fair access to land resources regarding its use and control. It is equally expected that the findings of the study will contribute towards mitigating the land rights and tenure security challenges faced by women and minority groups in the country through transparent and accessible information which are mandated by different regional central authorities.
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This research has found that there is a religious and cultural dimensions that people in Somaliland tend to associate with the issue of “women’s land rights” which is surrounded by suspicion from the part of the religious leaders as put it openly by Sheikh Ahmed Ali; one of the KIIs participants in Hargeisa who expressed that “the issue of land and property ownership has got some serious religious implications and we are against any attempt that seeks to introduce any imported ideas from abroad under the guise of land rights”. Although Sharia Law upholds and protects the right of women to land and property there are some religious leaders who see the issue of women’s land rights as a fig leaf to deviate the inheritance procedure which gives male double the value of what female would get.
It is hoped that the findings of the study will provide FAO and the NAGAAD who are both working with women and minority groups’ land rights initiatives to promote policy formulation and practices as the study will provide evidence for the need to increase women and minority groups land rights and secure tenure so that they could fully participate in the utilization of the natural resources through equitable access to and use of land and secures tenure rights and territorial rights of individuals and communities respectively. Some of the main key findings from the research are noted below and reflect the views of the respondents as well as those of community leaders, and government officials:
Key findings: • There is evidence that women and minority groups fare out less when it comes to land rights and tenure security, for example; according to the study, 45% (N=122) said that it was the structure of the clan system, fuelled by cultural and religious , which disfavours both women and minority groups thereby excluding them from the traditional decision-making networks.
. At the national level, women and minority groups are not well represented at all, for example, out of the 164 parliamentarians from the two houses (Elders and Representative) there is only one women representative and one for the minority clans, while in the local governments out of 375 councillors there are only 9 women and no single minority representative.
. Significant number of respondents 31% (N=77) women) and 49% (N=122) minority groups, mentioned that they are confused with the different institutional mandates and legislations defining land and territorial rights and ownership and as a result they are taken advantage and subjected to land-grabbing committed by powerful figures abetted by government officials.
. When study respondents were asked as to what was the main impediments to guaranteeing that women and minority groups are not discriminated in terms of land and territorial rights; among women more than 45% (N=112) noted that it was cultural and religious
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reasons that are behind the discrimination, while 66% (N=165) of minorities related the problem to the structure of the clan system.
. Key informant interviewees and the focus group discussion participants consistently voiced their concern the way that powerful individuals use their resources (money) and social capital (influences) to ensure that land disputes against the weaker sections of the society (women and minority clans) are resolved in their favour.
. The great majority of the FGD participants 71.4% were in favour of supporting women and minority land rights and more than 57% said that they agreed with introducing an affirmative action that promotes the land rights and territorial rights of women and minority groups.
. Participants of the validation workshop have overwhelmingly supported a quota system for women and minority groups to get them into the national and local level decision-makers. It was mentioned that unless these groups have a proper representation, they won’t have a voice and their marginalization will remain.
. The results of the study have shown that land tenure insecurity was higher among women- headed households and those from minority clans and their fear of land-grabbing or perception of land tenure insecurity increases when the economic value of their farms or urban plots of land increases, through urban development projects or agribusiness ventures in the adjacent areas.
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1. BACKGROUND OF THE STUDY
This study has been commissioned by FAO to determine women’s land rights and territorial rights of Somali minorities in Somaliland and identify the factors that impact on their access to land in terms of use and control. The increasing conflict over access to land resources in terms of farming, agro-pastoral and pastoral livelihood systems means that women and minority communities’ rights to land are not being taken into account with huge implications on their future access, use and control of land resources affecting their livelihoods.
Considering the socio-economic and cultural factors that define the use of land in rural areas, and the extent to which these factors determine the security of tenure (ownership) is important for the livelihoods of all citizens. In Somaliland land use systems can be divided into three: farming (rain-fed and irrigated), pasture/grazing land and urban lands (plots). In terms of land for public use including schools, health centres, roads and football grounds etc., the local authorities have the power to deduct between 10% and 20% (legally it is 30% but lower percentage is often used) for public use and utilities (Dan-Guud, in Somali) before lands are registered, as part of the districts’ administrative powers. This means there are conflicting institutions and authorities that all have different responsibilities. For example, Ministry of Agriculture (MoA), regulates the farming lands and provides certificates to farms while the Ministry of Environment and Rural Development (MoE&RD) in conjunction with the Ministries of Livestock (MoL) and Ministry of Water Resources (MoWR) is in charge of all forests, water resources and grazing lands. In addition it is the Ministry of Public Works and Housing that has the responsibility of lands for public use (like infrastructures for basic services – schools, health facilities and roads etc.) Meanwhile it is the local governments (regions and districts) who also have a big stake in the land administration systems of the country since they control, under the Law No. 23/2002 all lands in urban areas. The current law fails to define what pastoral land is and how ownership and use is to be regulated.2
However in Somaliland there are various legislative instruments that have been adopted to govern specific sectors related to land rights in terms of use and control. Prominent among them are the Agricultural land ownership Law No. 08/1999, and Urban Land Management Law No. 17/2001. According to these legal rules owners have the right to transfer their agricultural land into urban land use purpose and upon the request of the owners; local governments may plan for residential. According to Article 7 of Law No. 17/2001, farms that conform to the Agricultural Law No. 08/99, and now included in the town plan can be used for residential plots, and they should be owned by those who held the titles legally3.
It is precisely the confusion created by these vague and sometimes contradicting land tenure regulations that gives way to a phenomenal rise of land disputes. Such land disputes cases can
2 Land-based Conflict Project: WORKING NOTE, Academy for Peace and Development, Sept. 20, 2007. 3 An analysis of legal issues related to land in Somaliland, Nimco A. Hersi, National Legal Officer, FAO, 2016. Page 8 of 47
languish in the courts for many years and land registration documents can be forged with the collusion of corrupt local government officials; one can create duplicate papers easily. For many ordinary people, like women and minority groups waiting for court decisions seems to be expensive, time consuming, unreliable and unpredictable. Even if the courts make a decision the situation is compounded by the weak enforcements mechanism. Property disputes may continue because court orders and other eviction notices are not enforced. In an ideal world a court order must be enough for someone to recover property, but in the Somaliland context due to partisanship even law and order officers ignore to carryout orders to evict their supporters.4
2. HISTORY AND GEOGRAPHY OF SOMALILAND
The arrival of the British colonial power in Somaliland started after the Berlin Conference in 1884 which resulted in Britain taking control of Somaliland, as a protectorate at a time when France and Italy were also competing for the control of territories in the region. The partition of the Somali populated regions in the Horn of Africa started in earnest after Britain signed treaties with local tribal chiefs in Somaliland in 1887 and thus made this territory a British Protectorate (British Somaliland Protectorate). Somaliland remained a British protectorate from 1887 up until 26th June 1960 when it gained its independence from Britain. Italian Somalia became independent on 1st July 1960 and the same day the two states merged and formed the Republic of Somalia.
For the first nine years after independence (1960 – 1969) the country observed a parliamentary democracy and democratically elected governments succeeded each other. That was ended by a military coup led by General Siyad Barre who suspended the constitution and brought in a martial law coupled with economic, social and political discriminatory policies targeted against the people of the North5 (as it was known then).
The repressive policies gave rise to the formation of an armed resistance against the government in the form of the Somali National Movement (SNM) in London on 6th April 19816. A ten year struggle ensued and resulted in over 1 million people displaced and more than two hundred thousand killed and wounded. Under the auspices of the SNM, traditional clan leaders organized a number of community conferences to consolidate peace and reconciliation between different clans, culminating in the regional Grand Conference (25th March to 26th May 1991) which declared the withdrawal from the union with Somalia and reclaimed its independence.
4 FAO Land Tenure Studies, 2005 5 The Case for the Independent Statehood of Somaliland, Anthony J. Carroll and B. Rajagopal, American University International Law Review Volume 8 Issue 2 Vol 8. #2/3 Winter/Spring 92/93 6 Reflections of Peace and Reconciliation in Somaliland, Unpublished Paper, A. Hassan, August 2013. Page 9 of 47
In the context of a post-conflict economic base and without direct budgetary support from the international donors consecutive governments in Somaliland have to varying degrees succeeded in establishing functioning administrations, promoted peace, reconciliation and stability, and created positive and enabling environment for economic growth and social development. Somaliland’s GDP is estimated at $1.5 billion with Per Capita Income $4297. In terms of sectoral contribution: agricultural contributes about 65% while industry and services contribute 10% and 25% respectively.
Traditionally rural activities have provided over 80% of employment opportunities8. This is an indication of low labour productivity when the sector’s GDP contribution is taken into account. Livestock production is the main activity of the rural pastoralists. However in recent years, the annual rate of migration by nomadic pastoralists abandoning their way of living and moving to urban centres due to climate change resulting in drought, shrinking of natural resources, loss of livestock etc. is estimated to be between 6% and 10%.
Map of Somaliland
Somaliland is situated in the Horn of Africa with boundaries defined by the Gulf of Aden in the North, Somalia in the East and Southeast, the Federal Republic of Ethiopia in the South and West, and the Republic of Djibouti to the Northwest. It lies between latitudes 8° 00’ and 11° 30’ north and longitudes 42° 45’ and 49° 00’ east, with mountains rising to 2000 meters in the east of the country. The total area of Somaliland is estimated at 137,600 km² with a coastline of more than 850 km long. The total population of Somaliland is estimated at 3.5 million. The majority of the population lives in the rural areas as pastoralists/nomads (50%), while about
7 Somaliland Investment Guide, Ministry of Commerce and Investment, Oct. 2014. 8 Ministry of National Planning and Development, 2011 - National Development Vision 2030. Page 10 of 47
35% live in urban cities. The remaining 15% live outside the country, mainly in Europe and North America, where since early 1980s large groups of nationals from Somaliland have sought asylum. The annual population growth rate is estimated at 3.14% and life expectancy at birth is between 49 and 55 years. The population density is estimated at 22 persons per square kilometre. Somaliland is considered to have a relatively young population, as more than 68% of the population is below 30 years of age9.
3. METHODOLOGY OF THE STUDY
The study has followed the key objectives, as set out in the Terms of Reference (ToR) with the aim of identifying the factors that impact on access to land resources with respect to women and minority groups and whether the existing legal and regulatory mechanisms are sufficient to recognize and protect land rights of women and territorial rights of minority groups in Somaliland. The purpose of this study is to develop an in-depth understanding of the extent to which land rights of women and territorial rights of minority groups are infringed or impacted upon by existing statutory, customary and Sharia laws and practices. In doing so this study has set out to identify the main factors that are impacting on women and minority clans/groups land rights and explore how these could be mitigated examining socio-economic and cultural factors that play a key role in strengthening land holding rights of women and minority groups.
The study has been carried out through analysis of various sources of information, including desk analysis of secondary data, research data and interviews with stakeholders including: urban population, agro-pastoral and pastoral communities; government officials, traditional and religious leaders as well as politicians and through the cross-validation of the collected data. The research has utilized the provision of Survey Monkey services, which is regarded as one of the world's most popular online survey software. It is an easily used online platform for survey questionnaires, and it easily accessible for data collection and manipulation. Its simplified use was found to have an advantage for enumerators not only to correct any data errors immediately but for data cleaning and analysis.
Table 1: Summary of methods used
METHOD TOOL RESPONDENTS/PARTICIPANTS
Quantitative Questionnaire Members of the public (Women & Min. Groups)
Qualitative Focus Group Discussions • Women /Minorities • Religious leaders • Traditional leaders
9 Somaliland Investment Guide, Ministry of Trade and Investment, 2013-2014.
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Qualitative Key Informant Interviews • Politicians • Religious leaders • Traditional leaders
Qualitative Case Studies • Women group • Minority group
3.1 Study areas The table below describes the geographical areas covered by the research (study area) representing all 6 regions and 9 districts covered by the research. These study areas were pre- selected by the FAO team, in agreement with NAGAAD with a view to represent all six regions of the country while at the same time not overlooking the need to include major livelihood categories.
Table 2: Geographical coverage of the study ZONE REGIONS DISTRICT LIVELIHOOD RESPONDENTS GENDER PERCENT CATEGORY MALE FEMALE
WEST Maroodi-Jeex Hargeisa Urban 120 60 60 24% & Awdal Dila Agro-Pastoral 40 20 20 8% Baligubadle Pastoral 40 20 20 8% CENTRAL Tog-dheer & Berbera Urban 50 25 25 10% Sahil Burao Agro-Pastoral 80 40 40 16% Odweine Pastoral 40 20 20 8% EAST Sool & Sanaaga Laas-Aanod Urban 50 25 25 10% Ceel-Afwayn Agro-pastoral 40 20 20 8% Ainabo Pastoral 40 20 20 8% TOTAL 500 250 250 100% N=500
3.1 Questionnaire Quantitative data was gathered as noted above, using open data kit provided by Survey Monkey (online survey service), designed to assess the main problems faced by women and minorities in land rights and territorial rights, and the role customary, traditional and religious believes play in the situation. The questionnaire was purposefully kept simple and focused on whether women and minorities in Somaliland are discriminated against when it comes to land rights and land tenure and what needs to be done to mitigate the situation. Two sets of questionnaires were prepared for participants based on premises of the research; for example, 250 questionnaires were prepared for women and another 250 for minority groups.
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3.2 Focus group discussions (FGD) In addition to the questionnaire the research used Focus Group Discussions (FGDs) to collect qualitative data. A semi-structured checklist was used in conducting 3 FGDs (one session per zone) the 3 districts selected for the FGDs were Burao, Laas-Aanood and Hargeisa (7 people for each district). Participants of the FGDs included: women, minority groups, business community, traditional elders, local authority and religious leaders etc. Emphasis was on ensuring that different sections of the society were represented in the study. This means the data derived from the research questionnaires is complemented with qualitative FGDs sessions, the average FGD participants were 7 and all three sessions were held as male and female joint sessions which might have some limitations in terms of debate and discussion. To ensure freedom of expression of opinions, guide lines were issued to the groups. FGDs were held around a predetermined series of general questions related to women’s land rights and territorial rights for minority groups. The distribution of the FGDs is presented in the table below.
Table 3: Distribution of FGD groups by DISTRICT Type of Group Burao Hargeisa Laasaanood Total Women groups 1 1 1 3 Minority groups 1 1 1 3 Business community 1 1 1 3 Local Municipality 1 1 1 3 Elders 1 1 1 3 Religious leader 1 1 1 3 NGO 1 1 1 3 Total 7 7 7 21
3.4 Key informant interviews A semi-structured checklist was developed for interviews with 5 opinion leaders (elders, civil society leaders, women organizations, professionals and religious leaders) in Hargeisa districts, regarding the factors that influence women’s land right and minority group’s territorial rights and what needs to be done to alleviate the situation in Somaliland. The average age of the key informants was 53 years. The youngest was 29 and the oldest 78 yrs. Almost three quarters of them (74%) had secondary education and above. Of these, 45% were university graduates and 29% had attained a secondary qualification.
3.5 Case studies In order to strengthen the relevance of the study and reflect some of the pertinent issues on the subject of land rights of women and minority clans in terms of access to, use and control of land and secure tenure rights to further their economic development opportunities, the research has looked into three specific case studies that highlighted the challenges that women Page 13 of 47
and people from minority clans encounter when it comes to access to land resources and put forward ways of alleviating the situation. Case studies 1 & 2 deal with women land rights and Case study 3 tackles the territorial rights of the minority and their experience.
3.6. Smartphone Data Collection The enumerators used Smartphone to administer the quantitative survey. Researchers reported that while learning to use the technology was challenging, the Smartphone ultimately made data collection much easier and faster than conventional paper and pen survey methods as they automatically exported data to an external database. In addition, they reduced enumerator’s error as skip logic is programmed in beforehand, meaning enumerators will not accidentally skip questions. Researchers also reported that the using Smartphone was less heavy than paper questionnaires, which would need to be carried in bulk into the field.
While feedback was generally positive, the research team reported two main challenges experienced when using Smartphone for data collection. First, the small size of the Smartphone made typing open-ended responses somewhat difficult. Secondly, some respondents felt uncomfortable around the Smartphone as they perhaps presumed that the enumerators were photographing or recording their conversation.
4. STUDY RESULTS
This study has found that both women and minority groups are being marginalized and excluded from the customary structure and public institutions due to discrimination and lack of inclusion. When study respondents were asked as to what was the main impediments to guaranteeing the rights of women and minority groups to land, more than 45% (N=112) of female respondents noted that it was decisions based on cultural and religious grounds or reasons that were behind the discrimination against them (for example in the distribution of inheritance, Islamic procedure gives male members of the family 50% more than the female and members and culturally males are given the best lands), at the same time 27% (N=67) noted that women themselves are not enthusiastic about owning land with 13% said that women handover their lands to male relatives (husbands, sons and brothers). On the same question, about 66% of minority groups related the problem to the structure of the clan system and its discriminatory practices, while 21% said minorities aren’t bothered to own land because of fearing that their lands could be confiscated.
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Table 4: Ages of minority groups sampled Table 5: Age of women sampled
AGE AGE
Response Response Response Response Answer Options Answer Options Percent Count Percent Count Below 25 12.4% 31 Bellow 25 19.5% 47 25-50 71.3% 179 25-50 63.9% 154 Above 50 16.3% 41 Above 50 16.6% 40 answered question 251 answered question 241 skipped question 6 skipped question 4
4.1 Exclusion of women from customary structure As mentioned elsewhere in this study the Somali society are by and large patriarchal where males hold primary power, predominate in roles of political leadership, moral authority, social privilege and control of property etc. This patriarchal social system is hinged on the clan structure which is bound by male dominance and women are generally excluded from all decision-making processes, and their role is seen as supporting men’s views, ideas and decisions, and that context permeates to both politics and property ownership. Hence women are inadequately represented at all levels of the government and even to the level of village committees in Somaliland. Across the country whether urban or rural, women have less educational opportunities and resulting in less participation in the local political and governance structures. It is precisely this lack of political and social representation among women which creates inequitable land distribution resulting in less than 2% of the land in Somaliland owned by females10.
When data is disaggregated on how the proportion of women who own land acquired their land, 64.5% N=141 said that they bought, while 29% said that they acquired the land as a result of inheritance. When the same question was asked among the minorities 42% N=56 said they got the land through inheritance and 25% N=34 have said they bought it, perhaps we can disaggregate this by saying that women afforded to buy more than the minority groups who are considered as the bottom of the pile, and only 11% got it from the local authorities as IDPs. Among the FGD participants some of the women who owned land said that their land is in their husband’s names and others said in their sons’ names. A lot of women do write the names of their husbands or sons on their land documents because they feel that it would be safe under the name of male relatives, while others do so under duress from their husbands.
Land rights are very important for women particularly widows who lost their husbands during the civil war, and female-headed households, who usually lose their land or other assets because of the male dominated society. In Somaliland women are the majority as they make up
10 Somaliland Needs A Land Tenure System, Ali Mohamed, Somaliland Press, 31st May 2012.
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about 60% of the population, yet they remain a minority in elected offices and senior posts in the executive branch of Government which translates into poor opportunities and marginalization in most aspects of government structures.
Significant number of respondents 31% (N=77 women) and 49% (N=122) minority groups, mentioned that they are confused with the different institutional mandates and legislations defining land and territorial rights and ownership and as a result they are taken advantage of and subjected to land-grabbing committed by powerful figures abetted by government officials. At the same time when data is disaggregated, significant number of minority groups 34% (N=88) are not interested to own land in the rural areas since most of them are found in the urban areas. For example, in Odweine the research team struggled to find the required number of minority clan members and district officials who were assisting the study said that before the civil war (over 25 years ago) Odweine had hundreds of minority clan members but now there is only a handful and this pattern is repeated in most rural areas.
Table 6: Exclusion of women and minority groups from public institutions NO. INSTITUTION SEATS MEN % WOMEN % MINORITY 0% 1. House of Elders (Guurti) 82 81 98.7% 0 0% 1 1.2% 2. House of Representative 2012 82 81 98.7% 1 1.2% 0 0% 3. Local Councillors 2012 375 366 97.6% 9 2.39% 0 0% 4. Cabinet members 2016 57 53 92.9% 3 5.26% 1 1.75% TOTAL 596 581 97.48 13 2.18% 2 0.33%
In education the great majority of respondents 66% (N=170) never went to school, another 27 (N=70) attained intermediate or secondary school levels. When data disaggregated respondents from women has shown that 50% (N=117) never went to school and 26% (N=61) and 38% (N=90) have attended intermediate and secondary school level respectively. Disaggregating the data clearly shows that minorities are less interested in going to schools. Anecdotal evidence shows that among the minorities more people marry at a young age and that is supported by the findings in this study. For example, only 21% N=54 among the minorities mentioned that they were single. While among the women, when asked the same question, 25% (N=62) said they were single. In terms of marriage among minorities more than 68% (N=174) said they were married while among women more than 57% (N=139).
4.2 Exclusion of minority groups from public institutions In Somaliland today minority groups (clans) remain the most vulnerable group in society as they face discrimination and subordination in every aspect of the political and socio-economic process and as a result, they remain unrepresented in all major public institutions and structures of the country. Traditionally minority clans (Gabooye, Tumaalo and Yibro) used to get their livelihoods, by and large, from handicraft and skills work including iron-mongers, shoe-
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makers, hairdressers and they also used to do other odd jobs like street cleaning (sweepers) and waste disposing, etc.
Diagram of Somaliland Clans
Clans in Somaliland
Minority clans Major clans Other clans (minority (discriminated) but not discriminated)
Tumaalo Gabooye Yibro Isaaq Daarood Samaron Esse Hawiye
The above noted diagram shows the clans in Somaliland and although there are minority clans specific minority clans are discriminated against due to their status in the society and they are the ones that suffer a great deal of discrimination regarding their land rights.
Since the civil war one of the noticeable social attitude changes would mean that people from major clans have, as put it by one of the KII participants, “encroached our age old profession and took over our job” and have not “compensated us at all”. Indeed it seems that one of the outcomes of the civil war is the further discrimination and marginalization of the minority clans particularly those who are regarded as lower status clans.
According to Article 8:1 of the Somaliland Constitution:
“All citizens of Somaliland shall enjoy equal rights and obligations before the law, and shall not be accorded precedence on grounds of colour, clan, birth, language, gender, property, status, opinion etc.” In the meantime Article 22:1 states that “Every citizen shall have the right to participate in the political, economic, social and cultural affairs in accordance with the laws and the Constitution”11
11 Constitution of Somaliland, Somaliland Law, 2000
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Despite this clear cut declaration of the constitution both women and minorities in Somaliland face huge challenges in every aspect of their social, economic and political lives including:
. Experiencing great deal of discrimination and inequality based on gender and ethnicity (clan) engendering them to remain less educated. . Having less access to traditional clan resources and social capital which commands some influence and has implications on access to natural resources like land, grazing and water. . Having less professionals due to limited educational opportunities hence fewer important jobs and less wealth than their counterparts. . Experiencing severe cases of poverty and their human rights are often ignored and violated. . Under-representation in the national and local politics which all have its impact on influencing decisions.
Table 7: Issues that excluded minorities to own land As a member of a minority group is there something that stops you to own land?
Response Response Answer Options Percent Count Threats from others 17.2% 27 Don’t have the means to own land 26.8% 42 Belong to minority group 25.5% 40 Not interested to own land 9.6% 15 Other (please specify) 21.0% 33 answered question 157 skipped question 100
On the important question of how they (minority groups) acquired their land (the land that is under their names be that plots of land or small farms), the biggest number of participants 42% (N=56) answered that they got from their parents inheritance and 25% (N=34) said they bought it. This can be deduced that in the past, perhaps minority groups had more access to land since large section of them have acquired their lands through inheritance. When minority groups were asked, whether they have ever been excluded from owning land? A significant number 35% (N=89) said yes, they have experienced some kind exclusion, while the majority 64% (N=164) said no they have not been excluded. However it is important to note here that in terms of land for grazing, members of minority groups have no problem accessing grazing land but aren’t allowed to claim any territory for their own like other powerful clans do stay under the helm of other clans.
Figure 1: How minorities acquired their lands
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5. WOMEN’S ACCESS TO LAND
Generally many factors negatively impact on women's land rights and secure tenure, and these may include; patriarchal nature of the society in Somaliland, religious beliefs/perceptions and lack of political participation in both national and local levels. There are also other pertinent socio-economic factors such as poverty, traditional and cultural barriers, and conflicting demands on the time of women due to their domestic and social responsibilities. There is some anecdotal evidence as articulated by women participants in the FGDs who noted that “women in the rural areas work average of 16 hours in the field, tending animals, fetching water and firewood and cooking food and milking animals etc.”
Advancing women’s economic and social standing through rural land reform requires a deeper understanding of their group-specific challenges that interact with the effectiveness of land policies. As a result, there is a need for a more comprehensive assessment of the determinants of tenure security among women, particularly for female household heads who are prone to relatively greater economic and social constraints.
How much do you rate the suggestions below to be essential for improving women’s land rights in the country? (excellent =5: very good =4: fairly good =3: negligible good =2: not good = 1)
Not Negligible Fairly Very Response Answer Options Excellent Good Good Good Good Count Legislation that provides women equal access 29 18 29 69 95 240 to land rights in terms of use & control Promote women’s land rights in the society 12 26 18 88 101 245 and raise awareness Stop discrimination against women when it 16 17 48 75 88 244
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comes to land rights Encourage women to participate in the local 19 17 41 84 84 245 and national decision making levels Encourage and implement gender policy to 31 15 36 73 86 241 support women’s access to land Safeguard women’s rights to have equal 16 37 27 52 111 243 access to land answered question 245 skipped question 10 Table 8: Ways of improving women’s land rights
The results of the study have shown that the perception of land tenure insecurity increases when the farm or plot’s economic value increases (either through urban development projects or agribusiness ventures in the adjacent areas). In addition, tenure insecurity was found to be higher among women headed households and those from minority clans.
According to the survey when women respondents were asked: do you think women and minorities face challenges in terms of their land rights? More than 56% (N=134) said yes, women do face challenges while almost 44% (N=105) noted that women don’t face any challenges. When data is disaggregated on the same question to the minorities 53.5% (N=137) said yes and 46.5% (N=119) said they don’t face any challenges. When respondents were asked as to what was the main impediments that are impacting on women’s access to land rights? The largest number of respondents 45% (N=112) among women said that cultural and religious reasoning was behind the discrimination against women when it comes to land rights. While the second highest 27% (N=69) said it was lack of interest & misconceptions by women to claim their land rights. While among the minorities 66% (N=165) related the problem to the structure of the clan system.
On the important question of how they acquired their land, the biggest number of participants 42% (N=56) answered that they got from their parents inheritance and 25% (N=34) said they bought it. When minority groups were asked, whether they have been ever been excluded from owning land? A significant number 35% (N=89) said yes, while 64% (N=164) said no they have not been excluded.
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Figure 2: How do women acquire their lands?
When data is disaggregated further, almost two third (65% or N=162) of women have acquired the lands they have through purchasing compared to minority groups where only 26% bought their land. On the same token more than 42% or N=105 of minority groups got their current lands from their parents through inheritance while on 29% or N=72 of women got it from their parents. In order to strengthen the relevance of the study and reflect some of the pertinent issues on the subject of land rights concerning women in terms of their access, use and control and get secure tenure to further their economic development opportunities the research has looked into two women-specific case studies that highlighted the challenges that women encounter when it comes to access to land resources and put forward ways of alleviating the situation.
5.1 Case study 1 Box 1:
Milgo Ahmed (not her real name): is selected to be a case study for the research due to the unique case that the research team came across during the study period in Hargeisa. Ms Milgo is a widow and lives with her 7 children in a 4 x 4 corrugated iron shed next to her old house in south eastern district of Burao. According to her, she had “experienced a great deal of discrimination and outright robbery. She lives next to her old house which was taken from her by force by the family of her deceased husband.
Ms Milgo’s misfortunes started when her late husband was accidentally killed by another man. She and her 7 children got blood compensation (about 100 camels) from the clan of her husband’s killer. The compensation was handed not to Ms Milgo and her children but to the family of her husband (father and brothers). The family decided to sell off the camels and from the proceeds build a house for the children and their mother.
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Ms Milgo welcomed the idea first and a small house was built for the family. However the situation turned into a nightmare when one of the bothers of her late husband asked to marry her fearing that she might “bring in a husband from another clan”. She turned down his advances and the whole family turned against her.
As a result she was evicted and lives with her children in a 4 x 4 corrugated iron shed built for her by Norwegian Refugee Council (NRC). She says that “there is no justice in this country for the weak neither from the government nor from the customary laws” and she says she and her children have to endure the “daily pain of passing by our house, built from the blood of my husband taken away from us by force”.
Case study 2 also deals with women’s land rights (property rights) and how men abuse their position to thwart women’s claims even if they have the evidence. This flowing case study is typical of what women go through when it comes to secure tenure/ownership.
5.1 Case Study 2 Box 2:
Nuura Farah (Not her real name): is from Laas-Aanod her story captures the predicament that women in Somaliland (or Somalia for that matter) go through. Nuura lives in Laas-Aanod with her 7 children. Her husband is wealthy business man. He married another woman and that made Nuura and her children very upset and nearly suffered mental breakdown because according to Nuura she “made a large portion of her husband’s wealth single-handedly and didn’t want another stranger to come into her life and take it away”.
After nearly one year of “surviving from a terrible feeling of jealousy” we were mediated by traditional elders from our sub-clan. Although I initially insisted that he should divorce the other woman we reconciled and I finally relented due to pressure from my family. My husband promised to compensate me by offering me a new houses and he announced this in front of the elders. I accepted the offer and believed that the house was mine. Unfortunately I believed in him, as I was “very naive” and didn’t ask the documents to be transferred under my name.
However, after three years his business ran into difficulties and he experienced some cash flow problems and decided to sell that same property. When I came to know I protested and went to the elders and told them about the situation. They told me that the “property was still his own, because he was your husband”. I told them that they were the witnesses at that day when he made the offer, but they said “husbands know what is best for the family and if he wanted to sell the property to help his other businesses then that was a good reason”. I couldn’t do anything about it and have to live with it.
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6. MINORITY GROUPS ACCESS TO LAND
Somaliland is lineage-based society in which clans and sub-clans identity play an important role. Clan influence plays an important but ambiguous and contradictory role in almost all decision- making in Somaliland. On the one hand the social contract between clans has been central to maintaining peace and stability and on the other hand clan-based customary practices have been the main source of tension causing land dispute in the country. Hence, in the absence of a sufficient professional and institutional capacity the government’s decisions are often penetrated by strong societal (clan) and powerful private interests.
When respondents were asked as to what they thought were the major impediments facing minority groups, in terms of land rights in the country? They ranked the problems in the matrix below, based on what they considered to be the leading problems, in order of their importance (1 for highest, 2 for second highest priority and so on).
Table 9: Perception score among the minority groups Problem Perception Score: please score from 1 to 4, the highest being 4 and the lowest being 1:
Response Answer Options 1 2 3 4 Count Lack of enthusiasm among minority to own 24 31 47 35 137 land Minorities are discriminated and denied to 29 29 23 59 140 own land Minority groups are forced to give up their 50 44 29 19 142 lands Others (don’t want trouble & shy) 26 9 5 9 49 answered question 157 skipped question 100
The results of the study have shown that the perception of land tenure insecurity increases when the economic value of farmland or residential plot of land increases (through urban development projects or agribusiness ventures in the adjacent areas). In addition, tenure insecurity was found to be higher among women lead households and those from minority clans. Layouts of urban planning schemes or zoning laws are needed. It is also important enough space to be allocated to public utilities, parks, playgrounds, schools and clinics.
Table 10: Ranking of impediment among the minority groups
Response Answer Options 1 2 3 4 5 6 7 8 Count Clan structure leaves minority 55 51 33 23 29 15 8 9 223 group’s land unprotected Structure of the clan system 52 55 22 22 26 18 13 10 218 Page 23 of 47
disfavours minorities to own land Minorities are not interested in 15 14 20 21 24 33 30 59 216 owning land Minorities are underrepresented in the local authorities who 36 25 35 25 18 20 48 15 222 manage land Lack of affirmative policies to promote equal opportunity 35 44 33 23 20 31 13 29 228 policies on territorial land rights for minorities n the national level minorities are not represented and their land 22 28 32 43 30 35 18 14 222 rights and concerns are not raised Many members of the minority groups don’t bother to grab in 18 15 23 30 38 28 36 4.25 218 order to avoid confrontation Mis-perception from the local authorities who think that any 17 16 15 24 25 32 43 4.99 220 land given to minorities will not be put to good use answered question 257 skipped question 0
One key constraint to women’s land rights and territorial rights of minorities is the district council (local authority) responsible for managing land in their respective district. It is no secret that corruption is rife among the local municipalities largely fuelled by their control of land registration process. In the FGD session in Hargeisa, this is what some participants have noted “The local council is letting people down because instead of running the daily tasks of the city such as picking up the trash, repairing roads, and making the city streets safer and cleaner for residents they are busy filling their pockets by manipulating a phony land titling and registration schemes”.
In the box below (box 3) the study has recorded the information given by one of the KIIs (Mr. Ali) whose case highlights the plight of the minority and how their territorial land rights are impacted by; sometime by the people whom they offer lands take their land away.
6.1 Case study 3 Box 3:
Ali: is a 38 years old owner of a Hair Salon (for men) in Burao. He hails from the minority group (Gabooye) and lives with his 8 children and wife in the southern parts of Burao, along the Qasab Road. He told us that before the civil war in 1980s his late father who had three “barber shops” and owned more than 8 plots of land had donated one plot to a long-time friend who was from a powerful clan. The
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man managed to build two rooms on the donated land and after few years the conflict got worse and his family had to move to Mogadishu while the other family remained in Burao.
Following the collapse of the Somali State and the declaration by Somaliland revoking its union with Somalia, Ali’s family had moved away again from Mogadishu to Kismayo where his father died from hepatitis. The family came back to Burao after 6 years. By that time their house got destroyed and was looted and even a single brick wasn’t there. In the meantime the man Ali father donated the piece of land was there with big building in the middle of their land.
The family wanted to set up a temporary shelter on the place where their house stood but the man told them that they couldn’t do that. Ali said that at the beginning “we all thought that the man was joking but the reality soon dawned on them when he threatened to them if they didn’t leave.” The family initially went to the police and reported about the incident. The police told them that the man has got documents for the land so if they have the right papers then they should submit. Ali says we couldn’t continue to pay legal fees and we had to give up, which is not uncommon in Somaliland.
Unfortunately, the papers got lost when they were in Kismayo and they had no any other means to prove, which means “it was his word against ours” and his was accepted by the court because he was from a powerful clan and had some powerful friends in the government. Ali said we “were very desperate and had to acquiesced and accept his decision” and after some local mediation he “donated” us just one plot and we had to sell it for US $30,000 because the value of the land was so high and we had to build a house using the money from the plot.
7. ISSUES THAT IMPACT ON WOMEN AND MINORITY GROUPS LAND RIGHTS
This study has identified a whole host of issues impacting on land rights of women and territorial rights of minorities. Both of these groups are not faring out well due to endemic poverty among women (particularly female lead households) and minority groups. As indicated by the findings of the study, for example; among the minority group respondents 55% (N=143) are unemployed, and 32% (N=83) are self-employed, whereas women 43% (N=101) are self- employed and 32% (N=76) are unemployed. Even among those who are employed their employment is mostly in the informal sectors. Research participants from both women and minority have mentioned that land tenure insecurity is caused by several reasons including unclear and not up-to-date papers, torn or lost land registration certificates, title in the name of the dead parents and land administration practices that are not transparent (corruption).
Figure 3: Major impediments faced by minority groups
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Violence against women and minority groups is very common in most regions of the country and often engendered by land disputes, because of the highly inflated prices of real estate due to the speculations and growing interest for arable lands. Buying and selling land has become the best game in Somaliland for income hungry people. However, it is usually the poor and those with less social capital that bears the brunt of the problem. The situation is exacerbated by the failure of the government to enact a land law resulting in more “land grabbing”, which if not tackled could become a source of social instability and insecurity in the country. The political leadership needs to come up with effective statutory laws or policies to manage, administer, and distribute the land the problem12.
Table 11: Issues that excludes women to own land Response Response Is there something that stops you to own land? Percent Count Threats from others 26.8% 42 Don’t have the means to own land 25.5% 40 Belong to minority group 9.6% 15 Not interested to own land 21.0% 33 Other (please specify) 17.2% 27 answered question 157 skipped question 100
As shown in the table above, there were issues that stopped or discouraged women to own land, for example, more than 26% (N=42) of women respondents said because of threats from others including family members and powerful officials they got discouraged to own land while 25% said because they didn’t have the means to own land.
More than 87% of FGD participants have agreed that Somaliland desperately needs land tenure system for both urban and rural areas—farming as well as grazing lands. In rural areas,
12 Somaliland Needs A Land Tenure System, Ali Mohamed, Somaliland Press, 31st May 2012
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everyone has carved out a piece of land for grazing, and the government does not know who owns what and where. We need a system that would classify the lands into settlement, farming and communal grazing, and protected areas like game parks or reserves, conservation areas like forest or woodland and for other uses.
Figure 4: Issues that stops minority groups to own land
The main perpetrators of land-grabbing in Somaliland are the rich and the powerful with financial resources and political connections—the top business community in Somaliland. They use their resources and political influence to seize land with the connivance of government officials and under guise of development. However, according to the majority of KII and FGD participants (82%), the most protracted land disputes and expensive litigation happen between individuals. Sometimes these disputes escalate into skirmishes between two sub-clans because of inaccurate, lack of land records or double land claims. Some people, choose “Xeer” (“Customary laws”), which is considered as efficient in settling their disputes over land. Unfortunately, others end up using Somaliland’s broken judicial system for their land litigations. Today anyone could claim any piece of land or even any property anywhere in the country as expounded by participants through the discussion of the FGDs.
According to the FGD, “all one has to do is to go to the district court, file a petition and pay a small fee” (usually between $10 and $20) to the court clerk and the petitioner has a claim. People have dubbed such frivolous claims as “Ku qabso, ku qadi mayside” meaning “Claim it, you won’t lose out”. Once courts open a land dispute case, which could take a year or even more, ownership is put on hold and the rightful owner could not sell or develop the land and whoever the court ruling favours, would eventually claim the land. Most likely, a corrupt judge would in most cases rule in favour of the petitioner, because he has a stake on the outcome of his decision.
7.1 Resolving conflicts In Somaliland land disputes go to one of three parallel disputes resolution recourses (formally and informally). These are customary, sharia and statutory authorities. These depends on one’s choice but both sharia and customary recourses are regarded as informal and if disputes are Page 27 of 47
likely to cause open conflict the public authorities take over with the involvement of the security forces. A forth land dispute mechanism is the village committee (village committees are elected by villagers and they are different from clan leaders which are clan based) and they are they active in the rural areas as they manage disputes in the rural level.
However, both women and minority clans do not feature in these authorities in terms of representation who are often the “moderators of land tenure disputes” and that’s why as highlighted in this study women and minority groups don’t fare well in land dispute cases since they are represented in dispute resolution systems. For example as shown in the table below none of the above noted dispute mechanisms give chance to women and minority clans.
Table 12: Land disputes mechanisms No. Type of dispute mechanism Who are represented? Who are excluded? 1. Customary law (Xeer) Traditional leaders/elders Women & minority clans 2. Sharia law (Islamic law) Religious leaders/sheikhs Women & minority clans 3. Statutory law (Public law) State judges (gov’t judges) No judges from women & minority clans 4. Rural dispute mechanisms Village elders No women & minority clans
It is evident from this table that existing land dispute mechanisms do not take into account the representation of women and minority clans and unless and that goes into the heart of the difficulties faced by women and minority groups in terms of land rights and territorial rights. In order to give women and minority clans’ equal access to land and territorial rights, which are long overdue, there is a great need to improve their representation in those land dispute mechanisms with the aim of increasing their access, use and control to support equal opportunities on land rights and territorial rights for women and minority clans.
Depending on the nature, relationship and complexity of the dispute, traditional and religious dispute resolution mechanisms decide whether the case needs mediation or arbitration, usually, the latter is preferred in land and property disputes. To decide, elders refer/retrace similar precedents in the record of the clans that disputants belong to. Their verdict and remedies is binding to the disputants and usually, there is no provision injury or loss of life resulted from the dispute and remedy is to be established, elders involve religious leaders and the verdict is based on the rulings of the religious leaders. The clan elder’s role is regarded as a complementary to that of the government.
7.2 Way forward Advancing women and minority group’s economic and social standing through rural land reform requires a deeper understanding of their group-specific challenges that interact with the effectiveness of the pertaining land policies. According to the FGD participants the analyses of the study have shown that the probability of tenure insecurity decreases when the rights of the landholders are formalized and legalized. Hence there are systems that can be utilized to improve tenure security for vulnerable sections of the society like women and minority clans. The uses of advanced spatial data system such as the Cadastral Land Surveys and land Page 28 of 47
management can lead into the improvement of land governance. For example, John Drysdale’s Somaliland cadastral survey used this technology to register and title effectively for small agricultural landowners in Gabiley County. We could use the same technology for urban areas as well as for grazing lands. This was a UNDP funded project and if it is no longer there perhaps FAO could come in re-starts such a project13.
The land tenure system is a set of statutes that determines how land is used, owned, leveraged, leased, sold or in other ways disposed within society14. These statutes may be established by the state or custom, and rights may accrue to individuals, families, communities, or organizations. The current paper based land registration system is prone to duplication, misplaced documents, and inaccurate record keeping, and multiple land claims, which would lead into more disputes and costly litigation it is therefore important to implement “Master Plan” particularly in Hargeisa and surrounding areas which is where 60% of all land disputes in the country occur.
Table 12: Land rights difficulties faced by minority How do you best describe your opinion concerning the following statements? (5 = Strongly agree, 4 = Moderately agree, 3 = Undecided, 2 = Moderately disagree, 1 = Strongly disagree) Strongly Moderately Moderately Strongly Response Answer Options Undecided disagree disagree agree agree Count Existing land rights do not 48 25 39 50 89 251 accommodate minority groups Minority groups suffer more 15 27 25 59 126 252 discrimination in terms of land right Minority groups are excluded from 30 41 39 55 82 247 land decision making Minority groups are put pressure to sell off their lands to their 37 53 55 49 60 254 neighbours In the rural areas there are less minority groups to utilize 30 44 71 41 69 255 communal lands answered question 257 skipped question 0
As shows in the above table when data is disaggregated 50% (N=126) notes that minority groups suffer more discrimination in terms of land rights. The results of the study have indicated that the perception about land tenure insecurity increases when the economic value of the land increases (through urban development projects or agribusiness ventures in the adjacent areas). In addition, tenure insecurity was found to be higher among female lead households and those from minority clans who have no strong social capital and no proper law to protect their land rights and territorial.
13 Baseline Assessment on Land Ownership and Land Rights in Somaliland, OCVP, February 2014 14 Land-based Conflict Project: WORKING NOTE, Academy for Peace and Development, Sept. 20, 2007 Page 29 of 47
One way of mitigating the land tenure insecurity in Somaliland is to develop and introduce a “Master Plan” based on a GIS model which integrates a countrywide land-use suitability mapping and to help tenure security. In addition layouts of urban planning schemes or zoning laws are needed to reduce disputes and land-grabbing. It is also important enough space to be allocated to public utilities, parks, playgrounds, schools and clinics. Today, Hargeisa, it is dusty and congested, and you could not even find a government owned plot for public use.
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8. CONCLUSION AND RECOMMENDATIONS It is hoped that the findings of the study will not only highlight the plight of women and minority groups in terms of their land and territorial rights but will also help in understanding their predicaments and sharing of the information with the aim of helping decision makers to formulate land policy and regulations to ensure adequate tenure security and protection of land rights of women and minority groups. In addition, the study is proposing a way forward to ameliorate the situation and make recommendations that would strengthen women’s land rights and the territorial rights of minority groups.
It is equally expected that the findings of the study will provide FAO and NAGAAD who are both working on the rights of women and minority groups with respect to land to promote policy formulation and practice. The study will provide evidence for the need to increase women and minority groups land rights and secure tenure so that they could fully participate in the utilization of the natural resources through fair land use system that secures the tenure of both individuals and communities. Some of the main recommendations of the study are noted below and reflect the views of survey participants:
. There is a need to streamline and make the land registration and certification procedures fairer and transparent with the aim of reducing land tenure insecurity and duplication of different institutional mandates and legislations defining land and territorial rights across the country.
. The study has found that there was a great deal of confusion from the part of women and minority groups regarding legislations defining land and territorial rights which engendered much of their land tenure insecurity, hence it is recommended to undertake and start civic education and awareness program on land rights related information.
. According to respondents, there is a need to introduce legislation that provides women and minority groups’ equal access to land and territorial rights in terms of use and control and their concerns of land and territorial rights promoted in order to introduce affirmative policies to support equal opportunities on land rights for women and minority clans.
. In Somaliland at present, final title deeds (Certificate) are usually understood to be issued when land owners complete the building of their properties; otherwise certificates are issues to all holders. This procedure penalizes the poor (mostly women and minorities) and those who can’t afford to build their properties. This needs to be overhauled so that poor holders can access to title deeds with a view to protect their lands.
. The government should formulate and implement land policy that provides tenure security for all citizens as that is considered to be a critical pre-requisite for stability and sustained
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economic development in Somaliland since it directly intersects with the interests of the population in terms of public policy process and has implications on peace and livelihoods of many people.
. It is imperative to create structured and functioning legal, political and institutional systems that support women’s and minority groups’ tenure rights.
. There are religious leaders who are keen to take advantage of the absence of proper and equitable land tenure systems. A case in point is Sheikh Ahmed’s statement where he declared his opposition to “women’s land rights” but there are other religious leaders who take a different view; the latter must be utilized because their religious edicts matter.
. As amply highlighted in this study there is clearly no adequate representation of women and minority groups at the national and local levels, hence there is a need to review women and minority group’s participation in the national and local governance systems (even to the village committee level) because unless these sections of the society are represented their marginalization will continue and they will have no voice.
. Capacity development for CSOs and NGOs like NAGAAD network is extremely important to foster women’s empowerment on land rights and security and utilize the media to promote women’s access, use and control of land resources and participation. Development donors and aid agencies need to provide resources and technical support to ensure consistency in the implementation of this gender mainstreaming tools.
. It is recommended to make women and minorities aware of their land and territorial rights using all mediums of communication and encouraged to participate and vote in the local elections and if possible selecting female political candidates with adequate resources and access to all forms of media coverage for publicity purposes is enhanced;
In order to bring about secure land tenure systems there are advanced spatial data systems in the form of Cadastral Land Surveys. The advantage of this system is that it had been already tested in the Gabiley district and found to be effective in reducing land disputes in all forms of land use systems including farms, grazing areas and urban development; this system was a pilot project funded by UNDP and should be expanded to other regions.
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ANNEX 1: LIST OF OFFICIALS INTERVIEWED Nagaad organized and conducted sensitization or inception meetings with local authorities of the target districts before the research was conducted. Nagaad briefed the local authorities on the nature of the research, the objectives, goals and the expected results. Nagaad also asked permission from the local authorities to conduct the research. The following list shows the participants of the district authorities who attended the meetings.
Name Title District Contact Member of District Saleban Ali Awad Ainabo 063-4403423 Committee Member of District Halimo Mohamed Guuleed Dila 063-4422832 Committee Abdillaahi Mohamoud Hassan Head of District Committee OdweIne NA Ahmed Ali Member of the local council Berbera 063-4484646 Member of District Balli- Barre Mohamed Abdillaahi 063-4182682 Committee gubadle Member of District Ayan Husein El-Afwayn 063-4426569 Committee Jama Ali Wa’ays Member of the local council Las-Anod 063-4497159 Member of District Qadiija Jama Aalim Dila NA Committee Ahmed Ali-Baashe Member of the local council Burao 063-4431429 Mohamoud
ANNEX 2: THE PROFILES OF STUDY AREAS Local governments as political and administrative units in Somaliland are organized under Regions and Districts Self-Administration Law 23/2002. Although officially there are 42 districts in Somaliland, as promulgated in such a Law, in recent times, 25 more districts have been created (either by a presidential decree or tacit agreement between the Central Government (CG) and clan leaders) to make a total of 67 district councils. District Councils are divided into grades: A, B, C, and D. There are no clear parameters for grading the districts except that Grade A districts normally have higher population than others in the region and are also regional capitals. Based on Article 112 of the Somaliland Constitution and Articles 11 and 36 of Law 23/2002, the District Councils have full powers to design, take decision, finance, deliver and manage variety of tasks in so far as they have the capacity to do so. The functions are extensive
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and include enforcing local security; land registration and all land tenure related issues, promotion of economic growth and development as well as promotion of social welfare services such as education, health, water, electricity, sanitation, and promotion of economic infrastructure and environment, commercialization of goods, livestock and fish; etc.
Burao District (Togdheer region) The town of Burao is the regional capital of Togdheer, and is the second largest city in Somaliland. Burao has experienced fast growth in size and population in the last 10 years, partly due to the capital investments sent from the Diaspora by people from the region and partly by severe droughts which affected all the eastern regions and forced nomads to abandon their harsh nomadic lives and come to join the urban live. This fast and uncontrolled expansion exacerbated the already existing capacity problems: unemployment, sanitation, security etc. Burao is situated in 233 km (145 miles) east of Hargeisa and 145 km (90 miles) south of Berbera. There are 72 villages that come under the jurisdiction of Burao District Council. The population of Burao is estimated around 288,00015 and the economy of the district as well as the strongly linked to the livestock breeding and trading. Burao is the busiest and the most important livestock market in Somaliland however in recent years agro-pastoral livelihoods are increasing and people are integrating livestock and farming to maximize production in such an arid region. In this study Burao district was allocated 80 questionnaires.
Dila District (Awdal region) Dila district is part of Awdal region and is located on the road between Borama and Hargeisa. Dila district is about 18 Km at the Eastern part of the region. Dila is a historical town and surrounded by beautiful mountains. In terms of the livelihood of the district considered as an agro-pastoral area where the people farm their lands while at the same rearing livestock to supplement their income. The population of Dila district and its surrounding 26 villages is estimated around 25,000 and people get most of its income from farming. Although Dila is dependent on integrated farming and pastoral economy it has also a strong Diaspora community who support the district through remittance. Land disputes arise in the area but because Dila’s history farm boundaries are well documented hence there is less land grabbing in the district however Dila is not immune from the growing land disputes that are happening in many parts of the country. The study has allocated 40 questionnaires for Dila district residents.
15 Regions, Districts and their Populations: UNDP 2005
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Hargeisa District (Maroodi-Jeex region) Hargeisa is the capital city of Somaliland and is the biggest city in the country. It is located in the main road that links Ethiopia to Somaliland. It is about 145 km (90 miles) South-West of Berbera and about 80 km (50 miles). The city has grown very fast and for the past 10 years or so and appears to have recovered from the almost total destruction it suffered during the civil conflict in 1988 – 1991. The District Council of Hargeisa is probably the busiest in the country due to the increased value of the land surrounding the capital which is utilized for both farming and real estate development. Hargeisa has got 6 districts and its population is estimated around 560,000 (other data puts the figure between 600,000 and 700,000). There are 25 Councilors elected in Hargeisa and there are four sub-committees in the council and these are: Economic and Development, Peace and Reconciliation, Social Affairs and General Works. This study has allocated 120 questionnaires for the residents of Hargeisa district (60 female and 60 male).
Odweine District (Daad-Madheedh region) Odweine is an ancient town located about 65 km (40 Miles) West of Burao and about 145 km (90 Miles) East of Hargeisa. Odweine town is bordered in the north and east by small range of mountains and in the south and west by lowland plains which extends all the way towards the Ethiopian border. The population of the district is estimated around 42,000. The town has a large dry river which brings precious water during the rainy seasons. Rainfall is erratic as im many parts of the country and agriculture is scarcely practiced as the majority of the population is composed of nomadic pastoralists and because of the dry and difficult climate in the region does not favour conditions for farming. However in recent years there is an increasing trend where people are integrating livestock and farming to maximize productivity. About 70% of the district’s inhabitants get their livelihoods through livestock production and its related activities, while about 15% get their living from farming and agriculture related land use systems. Odweine has got a large Diaspora community who remit considerable sums of money to the town. The study has allocated about 40 questionnaires for Odweine district.
Berbera (Sahil region) Berbera is a historical town and has got Somaliland’s main port, and was also the colonial capital of the British Somaliland protectorate from 1892 to 1941. It is located strategically on the southern side of the Gulf of Aden which is the oil and trade route. Berbera is a seaport with the only sheltered harbor on the southern side of the Gulf of Aden. Berbera’s main economy depends on the port and the services related to it. It population is estimated around 60,000, however most residents leave the town during the summer and spend some time either in Burao, Sheikh or Hargeisa. Berbera has got a deep seaport extended in 1969 and is still the main commercial seaport in Somaliland. It is the terminus of roads from Hargeisa and Burao Page 35 of 47
and an airport now adds to its accessibility. Berbera district council controls large area and its services are supplemented from the fees of the port. By and large the economy of the district depends on the port services be it imports of goods or exports of livestock and other products including frankincense, gums and resins. The study has allocated 50 questionnaires for Berbera district.
Bali-Gubadle District (Hawd region) Bali-Gubadle is located about 50 Km South of Hargeisa and is considered as pastoral district since the bulk of its economy is dependent on livestock. There is a small scale rain-fed farming and agro-pastoral livelihood activities but livestock is the mainstay of this district. Bali-Gubadle was made a district in 2008 and it has also been made a region recently. The population of Bali- Gubadle is estimated at around 10,000 and it is a growing town and particularly since a road linking it to Hargeisa was built the flow of goods and trade has increased. It is estimated that about 55% of the population in the town depends on livestock, and about 15% lives on agro- pastoral; while the remaining 30% depends on remittance from relatives in the Diaspora and the rest gets its livelihoods from petty trades. The main land dispute in the district is either caused by grazing areas turned into farms or land grabbing by well-connected business people. The study has allocated 40 questionnaires to Odweine district.
Ainabo District (Saraar region) Ainabo is part of the Saraar region. It is an ancient town which is one of the new districts established in the past 10 years. It is located between Burao and Las Anod, it is about 129 km (80 Miles) of Eastern Burao. The population of the Ainabo district is estimated around 30,000 and the population gets its livelihoods from different sources including livestock. For example, the district of Ainabo is heavily dependent on livestock; about 75% of the district’s income comes from livestock. The fact that Ainabo is located on the Burao – Las Anod main road also contributes to the economy of the district and people from the Ainabo and the surrounding villages get access to markets for their products as well as other trading and traveling are easy for the population from the district.
Eel-Afwayn District (Sanaag region) Eel Afwayn is part of Erigabo region and is located between Burao and Erigabo, it is located at 238 km (147 Miles) east of Burao and 78 km (48 Miles) West of Erigabo. Eel-Afwayn district has an estimated population of around 65,000. In terms of livelihoods the district is suitable for both livestock grazing and rain-fed farming. The district is situated at the edge of well-known Nugaal plains that are revered for their rich grasslands; it has also in recent years become an area where agro-pastoral land use livelihood is practiced. Eel-Afwayn has also got large Diaspora community who support their district with. People in the district of Eel-Afwayn are eager to see the road between Burao and Erigabo gets completed which they feel will Page 36 of 47
contribute to their livelihoods in terms of getting access to markets in Burao and beyond. The study has allocated 40 questionnaires to Eel-Afwayn.
Las-Anod District (Sool region) Las-Anod district is part of Sool and is located along the main road that connects Somaliland to Puntland, about 251 km (155 Miles). The population of Las-Anod is estimated around 75,000 mainly depend on livestock for their livelihoods but also on other services since it connects Somali populated regions of Somalia and Puntland to Somaliland. The region of Sool is rich in livestock and although agro-pastoral activities have been increasing in recent years livestock is the backbone of the region’s livelihood and economic activities. The study has allocated about 50 questionnaires for Las-Anod district.
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ANNEX 3: ASSESSMENT TOOLS
Questionnaire 1 (Women Land Rights)
WOMEN’S LAND RIGHTS 1. General Information Name (optional): …………………………………...... What do you do for a living? a) Public employee District: ……………………………………. b) Self employed c) Business person Region: ……………………………………. d) Agro-Pastoralist e) Pastoralist Age: ...... d) Unemployed Others, please specify: Telephone: ...... ……………………………......
2. Marital Status
Single Married Divorced Widowed
3. What is your level of education:
Never went to school Primary/Intermediate School Secondary school Diploma Degree/Master Others Please specify: …………………………………….
5. Which of the following livelihood categories is appropriate to you? a) Urban b) Agro-pastoral c) Pastoral d) Others, please describe ...... 6. Do you or any of your relatives own land?
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If Yes, what type of land do you own? If No, is there something that stops you to own land? If No, go to the next question. If Yes, which of the a) Farm following reasons: b) plot in urban land a) Threats from others c) Piece of rural land b) Don’t have the means to own land d) Other c) Not interested to own land Please specify ………………………………………. d) Other e) Specify the total area of your land (m2) ………….. Please specify: ...... …………………………………… ......
7. How did you acquire your land?
a) I bought it b) I got from the local authority c) I got as part of my parent’s inheritance d) I got it as a donation e) Other Please specify: ......
8. Have you ever been excluded from owning land? Yes No If Yes select one of the following: If No, have you witnessed or heard others been excluded a) My relatives don’t want me to have land from owning land? If No go to the next question. If Yes b) My husband doesn’t allowed me to own land tell us the reasons: c) I can’t afford to buy land a) Women are not interested owning land d) My parents excluded me from their will b) Women are not given the best lands because they e) Others Please specify: ...... quickly sell it off ...... c) Others ...... Please specify: ………………………………………………………………………………………… …………………… 9. Do you think women face challenges in terms of their land rights? Yes No If Yes, please score from 1 to 5, the highest being 5 and the If No, how do you substantiate your assertion: lowest being 1: a) I am a women myself a) The way Islamic Will or inheritance is divided among children favors b) I work with women men over women ----- c) I heard from women that they have no b) Lack of enthusiasm among women to own land ----- problem c) Women are discriminated & denied to own land ----- d) I don’t know d) Women handover their lands to relatives ----- 10. What do you think are the major impediments facing women in terms of land rights in the country? Rank what you
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consider to be the leading problems in order of their importance (1 for highest, 2 for second highest priority and so on) No. Problems Rank 1. Cultural and religious reasoning to discriminate women 2. Structure of the clan system disfavours women to own land 3. Women are not interested in owning land 4. There are hardly any women representatives in local authorities who manage land 5. Lack of affirmative policies to promote women’s land rights 6. Men tend to deliberately discriminatory towards women when it comes to land rights 7. Many women are shy and reserved to grab land for themselves 8. Fear from families that lands given to women will end up in the hands of husbands from other clans 11. How much do you rate the suggestions below to be essential for improving women’s land rights in the country? (excellent =5: very good =4: fairly good =3:negligible good =2: not good = 1) Suggestions Score a. Legislation that provides women equal access to land rights in terms of use & control b. Promote women’s land rights in the society and raise awareness c. Stop discrimination against women when it comes to land rights d. Encourage women to participate in the local and national decision making levels e. Encourage and implement gender policy to support women’s access to land f. Safeguard women’s rights to have equal access to land g. Others, specify: ………………………………………………………………… ……………………………………………………………………………………. 12. How do you best describe your opinion concerning the following statements? (5 = Strongly agree, 4 = Moderately agree, 3 = Undecided, 2 = Moderately disagree, 1 = Strongly disagree) Statement Scale
1. Existing land rights do not accommodate women
2. Women suffer more discrimination than men 3. Women are excluded from land decision making
4. Women are put under pressure to sell off their lands to male relatives 5. In the rural areas when men go to urban areas they often leave behind women and children who find it difficult to defend their communal lands
Signature: ...... Date: ......
Thank you very much for your time and assistance in filling out the questionnaire for this Important study
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Questionnaire 2 (Minority Groups Territorial Rights)
MINORITY GROUP’S TERRITORIAL RIGHTS 1. General Information
Name (optional): …………………………………...... What do you do for a living? a) Public employee District: ……………………………………. b) Self employed c) Business person Region: ……………………………………. d) Agro-Pastoralist e) Pastoralist d) Unemployed Others, please specify: ……………………………...... 2. Personal Information
Gender: Male Female Age: ...... Telephone: ......
2. Marital Status
Single Married Divorced Widowed 3. What is your level of education: Never went to school Primary/Intermediate School Secondary school Diploma Degree/Master Others Please specify: …………………………………….…
4. Which of the following livelihood categories is appropriate to you? a) Urban b) Agro-pastoral c) Pastoral d) Others, please describe ......
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5. Do you or any of your relatives own land?
If Yes, what type of land do you own? If No, is there something that stops you to own land? If No, go to the next question. If Yes, which of the a) Farm following reasons: b) Plot in urban land a) Threats from others c) Piece of rural land b) Don’t have the means to own land d) Other c) Belong to minority group Please specify ………………………………………. d) Not interested to own land e) Specify the total area of your land (m2) ………….. d) Other Please specify: ......
6. How did you acquire your land?
a) I bought it b) I got it from the local authority c) I got it as part of my parent’s will d) I got it as a donation e) Other Please specify: ......
7. Have you ever been excluded from owning land? Yes No If Yes select one of the following: If No, have you witnessed or heard others been excluded from a) I belong to a minority group and not owning land? If No go to the next question. If Yes tell us the allowed to own land reasons: b) I can’t afford to buy land a) Minority groups aren’t interested to own land since most them c) My parents excluded me from their will e) Others are found in the urban areas Please specify: ...... b) Minority groups sell off the best lands due to poverty ...... c) Others ...... Please specify: …………………………………………………………………………………………………….. 8. Do you think minority groups face challenges in terms of their land rights? Yes No If Yes, please score from 1 to 5, the highest being 5 and the If No, how do you substantiate your assertion: lowest being 1: a) I am member of the minority a) Lack of enthusiasm among minority to own land ----- b) I work with the minority groups b) Minorities are discriminated and denied to own land ----- c) I heard that they have no problem c) Minority groups are forced to give up their lands ----- d) I don’t know d) Others ----- Please specify: ………………………………………………… ………………………………………………………………… 9. What do you think are the major impediments facing minority groups in terms of land rights in the country? Rank what you consider to be the leading problems in order of their importance (1 for highest, 2 for second highest priority and so Page 42 of 47
on) No. Problems Rank 1. Clan structure leaves minority group’s land unprotected 2. Structure of the clan system disfavors minorities to own land 3. Minorities are not interested in owning land 4. Minorities are underrepresented in the local authorities who manage land 5. Lack of affirmative policies to promote equal opportunity policies on territorial land rights for minorities 6. In the national level minorities are not represented and their land rights and concerns are not raised 7. Many members of the minority groups don’t bother to grab in order to avoid confrontation 8. Misperception from the local authorities who think that any land given to minorities will not be put to good use
10. How much do you rate the suggestions below to be essential for improving minority group’s land rights in the country? (excellent =5: very good =4: fairly good =3: negligible good =2: not good = 1) Suggestions Score 1. Legislation that provides minorities equal access to land rights in terms of use and control need to be brought in 2. Promote minority group’s land and territorial rights in the society and raise awareness 3. Stop discrimination against minority groups when it comes to land rights
4. Encourage minority groups to participate in the local and national decision making Levels 5. Encourage and implement equal opportunities policy to promote minority group’s access to land 11. How do you best describe your opinion concerning the following statements? (5 = Strongly agree, 4 = Moderately agree, 3 = Undecided, 2 = Moderately disagree, 1 = Strongly disagree) Statement Scale a. Existing land rights do not accommodate minority groups b. Minority groups suffer more discrimination in terms of land right c. Minority groups are excluded from land decision making d. Minority groups are put pressure to sell off their lands to their neighbours e. In the rural areas there are less minority groups to utilize communal lands
Signature: ...... Date: ......
Thank you very much for your time and assistance in filling out the questionnaire for this important study
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Focus Group Discussions
QUESTIONS FOR THE THREE FGDs HELD IN 3 DIFFERENT ZONES
NO. QUESTIONS FOR PARTICIPANTS NOTES FOR SUPERVISORS 1. How are land rights secured by women / Try to list the various ways different answers minority group? provided by the participants.
2. Are there any threats to the rights of women Ask more questions on the main headed HH or HHs of persons from minority characteristics of communal land as clans? compared to land owned by individuals?
3. Are there common areas for which the HH get Ask questions on acquisition of their land benefits – grazing and wild fruits etc.? including the need to respect the locality of the land and acquisition.
4. Do women take part in decision making Entice participants to discuss frameworks for regarding land tenure and land use? the management and administration of the land and implications on access?
5. Do you think if women and people from Inspect the participants’ awareness of the minority clans are given access to land that will Formal land management system and the improve their HH livelihoods? customary influence on land.
6. Do you think the main challenges to women and What are some of the deeper issues minority groups’ land rights to come from a surrounding the issue of the ownership of negative societal perception or from the lack of land by women in the district? land tenure laws? 7. How can the social perception be changed about Inspect the challenges that women may face the land rights of women and minority groups? in relation to the acquisition of real property in a patrilineal society.
8. How do you see future land conflict will be Is land in urban areas as compared to rural reduced? areas within the district subject to different conditions in terms of the frameworks for management/administration?
• People who are expected to participate in the FGDs and KIIs for the research are the following: traditional elders, religious leaders, academics, parliamentarians, civil society, women and minority group representatives and government officials.
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Key Informant Interview Guideline Questions
NO. DISCUSSION QUESTIONS
1. What do you know about legislation that provides women and minorities equal access to land rights in terms of use and control? 2. Why have lands issues become a source of conflict in your area?
3. What do you think we need to do to stop discrimination against women and minority groups when it comes to land rights?
4. What are the major challenges faced by women and minorities groups in terms of their land and territorial rights?
5. Do you think that current legislation will encourage and implement equal opportunities policy to promote women and minority group’s access to land? 6. What recommendations would law makers, policy makers and development partners on these issues?
7. How do you see future land disputes can be reduced?
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ANNEX 4: REFERENCES
1. An analysis of legal issues related to land in Somaliland, Nimco A. Hersi, National Legal Officer, 2016.
2. Baseline Assessment on Land Ownership and Land Rights in Somaliland, OCVP, February 2014
3. FAO Land Tenure Studies, 2005
4. Improving Gender Equality in Territorial Issues (IGETI), FAO, July 2012.
5. Land-based Conflict Project: WORKING NOTE, Academy for Peace and Development, Sept. 20, 2007.
6. Ministry of National Planning and National Development MoP&ND) , Somaliland National Vision 2030 (2011).
7. Regions, Districts and their Populations: UNDP 2005.
8. Reflections of Peace and Reconciliation in Somaliland, Unpublished Paper, A. Hassan, August 2013.
9. Somaliland Needs A Land Tenure System, Ali Mohamed, Somaliland Press, 31st May 2012.
10. Somaliland Investment Guide, Ministry of Commerce and Investment, Oct. 2014.
11. Tool Kit for the Application of Participatory & Negotiated Territorial Development in Trans-border Rights Zone, FAO, July 2006.
12. Quarterly Report: Strengthening Gender Equality and Women’s Empowerment in Somalia, Second Quarter 2015.
13. UNDP Somalia Gender equality and Women’s empowerment Strategy (2011 – 2015).
14. The Case for the Independent Statehood of Somaliland, Anthony J. Carroll and B. Rajagopal, American University International Law Review Volume 8 Issue 2 Vol 8. #2/3 Winter/Spring 92/93.
15. Somaliland’s Private Sector at a Crossroads, Political Economy and Policy Choices for Prosperity and Job Creation, A World Bank Study, 2016.
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