Monday, September 25, 2006

Somaliland Gabooye Rights

Somaliland Gabooye Rights
San Diego, CA 92131 USA

Memorandum for Gabooye Rights in the Somaliland Constitution


We the Somaliland Gabooye community in North America , Europe and Somaliland give our full support to the leadership of Somaliland Government that has created and maintained the necessary peace and stability that our country deserves. The Gabooye people of Somaliland fully support independent Somaliland State that is recognized by the United Nations, recognition that our beloved country needs immediate attention. The Gabooye Group would like to extend its hand to Somaliland Government and its people, whatever help it can offer to achieve the immediate need of an independent, fully recognized Democratic Somaliland State that serves the people of Somaliland.

The Gabooye Issues in Somaliland

We support this demand for Gabooye Rights in the Somaliland Constitution. It is thorough and is a just demand to set right centuries of discrimination. Many of Somaliland Gabooye groups/Clans namely the (Yibir, Tumaal, Madhibaan, Muuse Dheri) tribes have been driven to a forceful silence and violence in order to fight for their rights.

The new Somaliland government must unite all the people of Somaliland and treat them as created equal before God. This document acknowledges that the Gabooye identity remains regardless of tribal affiliation and therefore requires the new Somaliland Government to address the rights of all Gabooye people in Somaliland.

This is pleasantly contrary to the injustices continuing against Somaliland aboriginal Gabooye groups who are deprived of any “Affirmative Action” to justify their existence in Somaliland.
Somaliland Government has never initiated, discussed or appointed a Commission that tries its best to solve the Gabooye group’s rights and participation in the Somaliland Government, instead of considering the direct plight of the Gabooye Groups; the Government has now excluded the group from any form of representations in the Government. This blatant discriminatory tactics played by the government is on full public display.

Memorandum for Gabooye Rights in the Constitution of Somaliland

The Gabooye Groups in Somaliland have been discriminated and excluded by the Government directly and indirectly for centuries. The Somaliland customs and the practice of (Second Class Citizenship) which is similar to that of India’s racial discrimination system, puts the Gabooye groups at the bottom of Somaliland social structure. The practice of Second Class Citizenship in Somaliland is alive. It oppresses, humiliates, discriminates, isolates and treats the Gabooye group collectively as Outcasts. Unfortunately, this wrongful social practice continues to be effective in Somaliland and limits minority groups such as the Gabooye people to achieve any political participation and representations in the country. It is unfortunate to see that after 15 years of successful Somaliland self Governance with an excellent record of maintaining peace and stability in the country, the Somaliland Government has yet to take any effective actions to curb such practices that violate the United Nations Universal Declaration of Human Rights.
The Gabooye Groups of Somaliland demand for inclusive democracy where the interest of all sections of the society specially (Gabooye, Women, minorities) is met. It is very unfortunate to note that the present Somaliland Government has outlined a methodology where the interest groups (Gabooye, Women, Minorities) were deprived of any form of representation whatsoever in the Somaliland government . Such a divisive role played by the government of Somaliland causes heavy dents of the fabric nation that is crawling towards democracy and rule of law.

Therefore, in this context, we the Somali Gabooye Rights of Somaliland appeal to the Government and submit in this memorandum so that the government of Somaliland can incorporate in its constitution all human rights, fundamental rights and freedoms protecting the Gabooye people in tune with the international conventions as fundamental rights in the constitution , so that each succeeding executive government would be bound by the constitution and the government would take effective measures to ensure enjoyment of their fundamental rights, freedoms and non-discrimination.

This memorandum voices the concerns and Interest of the Gabooye people, and we are as well aware of the concerns of other minorities such as women’s groups and other ethnic communities with whom we are in solidarity with.

Memorandum for Gabooye Rights in the Constitution of Somaliland Government

Group Rights

The Somaliland government shall identify the gabooye groups who have suffered from the social practice of second class citizenship, work and descent-based discrimination in the constitution.
It must be mentioned in the constitution, that the Gabooye people of Somaliland shall enjoy the special right to form associations and political organization to protect and promote their identity, and their other interest.
All persons shall enjoy the right to live with dignity free from any harassment, action by the Somaliland Government or by any person which compromise this dignity.

Rights against Second Class Citizenship

· The practice of second class citizenship (Outcast) or, discrimination based on tribal affiliation, and work should be abolished and its practice in any form and in any public place should be forbidden. Enforcement of any disability arising out of (Second Class citizenship) shall be treated as heinous offence punishable in accordance with law.

· The Somaliland Government shall enact a comprehensive and stringent law to eradicate the practice of second class citizenship by creating an independent court system and special prosecution machinery to accord the highest priority of such offences.

· The Somaliland Government shall ensure that the Gabooye people of Somaliland are ( Proportionally and equitably) represented in all public institution including the executive, legislative and judiciary at all levels and public education.

· The state shall take all necessary measures by reserving seats or posts at all levels and all stages of recruitment, appointment and promotions till Gabooye groups are adequately represented. The State shall also take special measures to ensure to that Gabooye Groups are (proportionally and equitably) represented in all sectors of the economy and society including privately owned enterprises and institutions.

· The state shall enact suitable laws to implement the provisions set out above in a period of six months to one year.

Right to Family

· Every Somaliland citizen shall enjoy the right to choose a spouse, irrespective of tribe and should be protected from harassment, violence, torture. Violation of this right must be punishable according to the law.

· The State shall ensure that Gabooye groups have access to free and competent legal services to represent their interest.

Distribution of Resources

The Somaliland State shall ensure that the ownership and control of materials, resources of the community are distributed equitably to serve the common good.
The State shall in its annual budgetary exercise allocate funds, in proportion to the population, toward special programs and schemes to advance the social, economic, educational and political interest of the Gabooye Groups.

Recognition and Representation

The Gabooye group shall be represented in the constituent assembly, equitably and proportionally (minimum 12- 14 seats).

Representation in all Political bodies

· The Gabooye groups of Somaliland shall be represented equitably and proportionally at all levels and among all candidates fielded by the political party.

Independent Constitutional Institution

There shall be National Gabooye commission comprised of 5 members appointed by constitutional council which includes the president, leaders of the opposition, speaker of the house and the president of the National Gabooye commission, and chief justice of the Supreme Court.

The National Gabooye commission shall monitor the implementation of the constitutional and statuary provisions, as well as any ratified international conventions which protects and promotes Gabooye rights and interest.

The Commission shall submit an annual report to the parliament certifying compliance with all relevant constitutional provisions and actions taken to remedy any failures to comply.

The National Gabooye commission shall have the power to entertain complaints from any concerned affected individuals and summon any persons and direct them to provide any information necessary to make suitable orders to resolve the complaint.

Somaliland Gabooye Rights

Rasheed Faarax


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