Beruflich Dokumente
Kultur Dokumente
How can one understand the divergent paths followed by Somalia (still marked by inter-
clan violence and an ineffective Transitional National Government) and Somaliland
(which has seen practically no inter-clan violence over the past five years, and recently
ratified a constitution via popular referendum) in the eleven years since the collapse of
the Somali state? Somaliland’s success has been due, at least in part, to the decision of
its leaders to utilize indigenous forms of self-governance after the collapse of the Somali
state in early 1991. Somalia’s difficulties, from this standpoint, can be at least partially
attributed to the lack of meaningful attempts to do the same. The inability of Somalia’s
leaders to make use of indigenous institutions of self-governance is, in turn, a
manifestation of the variance in the political and societal effects caused by the
centralization of political authority experienced by Somalia and Somaliland during the
colonial period, the civilian administrations of early post-colonialism (1960-69), and the
military government of Siyad Barre (1969-1991). Actions taken by the international
community, especially the United Nations, after the collapse of Somalia further
aggravated the ability of southern Somalis to effectively utilize traditional institutions of
self-governance in an effort to consolidate peace and reestablish effective and just
institutions of governance at the level of the state.
In the wake of the January 1991 collapse of the Somali state, the leaders of the
of the Isaaq clan-family, declared that the 1960 Act of Union that had joined the British
been revoked by the peoples of Somalia’s northwest regions, thereby announcing the
secession of ‘the Republic of Somaliland’ from the Somali state. This new de facto state,
the borders of which are coterminous with those of the former British Somaliland
Protectorate1, is inhabited by 3 to 3.5 million people, the majority of whom are pastoral
nomads2, and is characterized by two wet seasons (gu and dayr) and two dry seasons
(hagaa and jiilaal). During these cycles of rain drought, the various nomadic clans move
across the barren landscape to those areas where the conditions are most favorable for
finding water and grazing land. Each nomadic clan remains within specific ‘zones of
movement’, and the movements of these clans are set to the rhythm of the seasons.
In the eleven years since Somaliland’s declaration of independence, the area has
been characterized by relative peace and stability3, especially when compared to southern
Somalia, in which inter-clan battles for territory are still waged on a daily basis.
community, but has been able to restore peace, establish a relatively effective central
government, and ratify via popular referendum a new constitution based on democratic
principles. How can these achievements be explained? Why has Somalia been unable to
1
This included the regions of Awdal, Woqooyi Galbeed, Togdheer, Sanaag, and Sool.
2
An estimated 70% of Somalilanders depend, either directly or indirectly, on the production and export of
livestock (Frushone 2001, 29).
3
There has been practically no inter-clan violence in Somaliland since 1997.
meet these goals, even after the appointment of the Transitional National Government in
October 2000?
In order to explain how the people of Somaliland have been able to solve the
problems of governance which it faced shortly after its secession from Somalia, one must
first understand the traditional social and political institutions of the pastoral nomads of
the region, and how patterns of person-to-person relationships are shaped by these
institutions. It will be argued below that Somaliland’s success has been due to the
decision of its leaders to utilize indigenous forms of self-governance after the collapse of
the Somali state in early 1991. Somalia’s difficulties, from this standpoint, can be at least
partially attributed to the lack of meaningful attempts to do the same. The inability of
manifestation of the variance in the political and societal effects caused by the
colonial period, the civilian administrations of early post-colonialism (1960-69), and the
community, especially the United Nations, after the collapse of Somalia further
The paper will proceed as follows: Part I will describe the Somali kinship system
and the concept of xeer (social contract), which has traditionally patterned person-to-
person relationships among the pastoral nomads of Somaliland and Somalia; Part II will
examine the effects of political centralization in these two regions, from the era of
colonialism through the Barre regime; Part III will focus on the widely divergent paths to
conflict-resolution followed by Somalia and Somaliland during the 1990s; and the
In 1961, I.M. Lewis, the foremost Western anthropologist of the Somali people,
described the traditional political and social structure of the pastoral nomads living in the
southern Sudan, whose covenantal way of life and acephalous social structure are
examined by Duany (1992), the social structure of the northern pastoral Somalis is
that
determines his political affiliation. Each individual’s place in society and their precise
connections with others in society are determined by his lineage. These patterns of
interaction are contextual; one level of lineage may be more salient than others in varying
situations. Agnation is viewed as a binding and absolute tie that cannot be severed;
divided into six clan families, viz. Dir, Isaaq, Hawiye, Daarood, Digil, Rahanwiin. The
latter two of these six lineage groups are primarily agriculturalists living between the
Shebelle and Juba Rivers in southern Somalia, while the first four listed above are
Dir, and Daarood clan-families, with the Isaaq being the numerically predominant lineage
group. The Daarood, Hawiye, Digil, and Rahanwiin clan families inhabit southern
Somalia.
dispersed, the level of lineage one step below the clan-family, viz. the clan, marks highest
lineage level able to act as a corporate political unit; the clan may or may not be lead by a
centralized administration or government structure within the clan itself (ibid., 5). Below
this level of lineage is the sub-clan, the main importance of which is in those cases where
the clan also too large to act a political unit, when this is the case, the sub-clan takes on
The next level of agnatic lineage system is the primary lineage group. When
telling others to what lineage he belongs, this is generally the level to which one refers
(ibid., 6). At the base of the lineage system is the dia-paying group, which is the group
within which one most often acts as a member, and the most stable of the lineage-based
corporate political units. Ties created through marriage are utilized as a method to ‘bridge
(ibid., 141).
It is also at this level of agnatic kinship where the concept of xeer most often
form of egalitarian social contract that explicitly formulates the obligations, rights, and
duties of those parties that have entered into the contract, thereby regulating the relations
between lineage groups (ibid., 161). Xeer regulates various forms of interaction between
different clans as well as relations within the same clan; the regulation of access to water
sources and grazing land is generally governed by xeer due to the fundamental
especially during the dry seasons. These contracts can be renegotiated or dissolved when
the various exigencies of nomadic pastoral life call for such a change.
committed by its members that go against the obligations set forth in the contract. The
term dia itself refers to blood compensation; if a member of one lineage group kills a
member of another group with which xeer has been entered into, the group of the
transgressor is collectively responsible for paying the aggrieved dia-paying group 100
The specific stipulations of xeer are deliberated by the shir, an informal council of
all adult men of the affected lineage groups at which each can discuss his opinions and
Elinor Ostrom (1990) are found within the pastoral nomadic traditions of the Somalis,
and are taken into account when xeer concerning access to common pool resources are
being deliberated (Shivakumar 1998, 8). After the conditions of xeer are agreed upon by
4
This obviously reveals the unequal status of men and women in Somali society.
the shir, a council of elders consensually selected by the shir, called the guurti (which
also participates in the deliberations), assumes the duties of monitoring and enforcement.
Xeer, then, although technically a social contract (which stipulates explicit terms
and agreements between parties), can also be viewed as a covenantal relationship much
like that described by Tocqueville (1990 [1835]) in his analysis of the origins and
contained within specific xeer, but the concept of xeer essentially acts as agreement
concerning the norms that will govern future conduct. Under such a covenantal
relationship, “sovereignty conceived as the right to make laws reside[s] with the people in
colonialists, the civilian administration established after independence (1960-69), and the
military regime lead by Siyad Barre (1969-91). The next section will examine these
If one assumes…[that] continuities [of social life and human organization] are
desirable and ought to be maintained, then the integrity of the basic institutions
within a society which structure and transmit them need to be recognized and
maintained. If those institutions are seriously disrupted, the continuity of the
society itself may be disrupted (V. Ostrom 1990, 234).
far greater in southern Somalia than in Somaliland, which has contributed to the various
During the colonial period, the country known today as Somalia was two separate
entities: the British Somaliland Protectorate in the north and Italian Somaliland in the
south.5 In both the British Somaliland Protectorate and Italian Somaliland, the stability
of dia-paying groups was weakened by the appointment of chiefs for each clan by the
British and Italian colonial authorities in an effort to ease the running of their
administrations (Issa-Salwe 1996, 5). This practice, known as the Akils system in British
maintaining law and order within the clan, enforcing government orders and regulations,
and bringing persons guilty of crimes within the clan to justice, which diminished the
bonds of contractual solidarity within the dia-paying group (Lewis 1961, 201).
Furthermore, because these appointed chiefs were provided with a government stipend
(and in Italian Somaliland, a group of armed men to police his clan), competition was
created among clan elders to be appointed to this position. The system was used by both
colonial powers as a means to damage the integrity of the clan and the office of the clan
However, the Italians went much further in their efforts to weaken the kinship
system and xeer. During the era of Italian fascism, land was appropriated from Somali
5
The British Somaliland Protectorate was controlled briefly by the Italians during World War II, and the
‘possession’ of Italian Somalia was briefly handed over to the British after the war.
owners, who were then forced to work the land essentially as sharecroppers, reducing
Somalis to a source of cheap labor. Trade and commerce within Italian Somaliland were
sector of the economy that was deemed essential to Italian interests. Many
discriminatory laws antithetical to xeer were passed that further degraded the status of
Somalis, who also were subject to “severe and arbitrary punishments for trivial offenses”
by the Italian legal system. However, Lewis notes that the Italians, whatever their
motives and tactics, were able to inculcate a “more modern attitude towards centralized
government” in the southern Somali people, and did more to modernize the economic
system of the south than did the British in Somaliland (Lewis 1980, 112-113). Because
of the modernization efforts of the Italians, many Somalis began moving from the
By the time the British Somaliland Protectorate and the Italian Somaliland6
gained their independence in 1960, the two entities were marked by widely divergent
levels of centralization. The Italians had decided that the best way to prepare Somalia for
administration, which was a central consultative body responsible for all government
activities other than foreign policy and defense. Twenty-eight of the thirty-five seats on
the Council were reserved for Somalis, and were chosen by a mixed election system; a
direct vote was allowed to Somalis living in municipal districts, whereas pastoral nomads
and those living in smaller villages chose their representative through the shir. This lead
6
Italy was granted the responsibility of administering the trusteeship of Somalia in 1950 by the UN; Italian
Somaliland had been controlled by the British during the previous decade (1941-1950).
to a number of clan leaders joining more than one shir within the same clan, which was
an attempt to misrepresent the overall size of their clans in order obtain more seats on the
Council (Tripodi 1999, 80). Conversely, in the British Somaliland Protectorate, the only
centralized body was the Protectorate Advisory Council, which meant only twice a year
and did not have actual decision or policy-making capabilities. Due to the lack of any
real political power vested in the Council, there was no incentive for clans to
misrepresent their size in order to gain increased representation within the body.
Italian Somaliland followed suit five days later, gaining its independence on 1 July 1960.
This latter date also marked the merger of the two territories and the creation of a unified
Somali Republic. In the north, nomadic pastoralists still made up almost ninety percent
of the population, whereas less than half of the inhabitants of the south were involved in
It must be noted that the unification of the two territories was established, as
Paolo Tripodi succinctly puts it, on a “misunderstanding” (1999, 107). Although the
ever signed, and no agreement was ever reached as to the relative political powers of the
two territories after unification and independence. The southern regions dominated the
new government, controlling the posts of Commander of the Police Force and
Commander of the National Army in the state military apparatus, and the posts of
President, Prime Minister, Minister of Defense, Minister of the Interior, and Minister of
7
The Protectorate Advisory Council was replaced by a Legislative Council in the spring of 1960, only a
few months prior to the merger of the two territories.
Foreign Affairs in the central government. As the southern city of Mogadishu had
already been selected as Somalia’s capital, northern politicians believed they would be
better represented in the government as a compromise, but this was obviously not to be
the case.
A number of political parties had proliferated during the previous decade as the
two territories were preparing for independence; these parties were dominated by urban
Somalis, many of whom had served the British and Italian administrations, and whose
interests did not match those of the nomadic pastoralists whose social and political
structure was still characterized by the importance of kinship and xeer. “Clanism” was
viewed as divisive by these urban elites, most of whom referred to their “ex-clan” rather
than their clan when asked about their patriarchal lineage by others, preferring to be
considered simply Somali rather than a member of a specific lineage (Lewis 1980, 168).8
After independence and unification, these urban elite politicians gained control of
a highly centralized government as a result of the masses’ belief that elite interests
matched their own (A. Samatar 1988, 48). Somalia’s new constitution, based on the
Italian political system, created a unicameral legislative body (the National Assembly)
President (who would serve as head of state) every six years; the President was vested
with the power to nominate the Prime Minister from the leading parliamentary party, to
elect deputies every four years, and to appoint five justices to the new Supreme Court. At
the regional level, eight administrative regions and thirty-six districts were created;
8
Although these urban elites often preferred to be thought of as Somalis, the various parties still garnered
their support from particular clan-families and lineage-groups (A. Samatar 1988, p. 48).
government’s Ministry of Interior. The only office to be decided by election at the local
During its nine years of civilian government, Somalia increasingly began to take
on the features of a predatory state. Predatory states are characterized by the presence of
“state functionaries [that] prey upon their own subjects, whose autonomous cultural
infrastructures are threatened with destruction without their opportunities for self-
governance being increased” (Ostrom 1999a, 176). The few achievements of the three
civilian administrations in the area of social development primarily benefited urban areas;
for example, a small number of schools were constructed primarily in southern cities, a
hospital was built in Mogadishu, and a paved road was constructed linking Mogadishu
with Afgoi (Ahmed I. Samatar 1988, 65). However, the rural population was essentially
ignored by the central government; rather than attempting to create a dialogue with the
nomadic pastoralists, the first civilian regime, led by Prime Minister Abdul-Rasheed C.
Sharmaarke, only managed to anger them by increasing the taxing of the nomads.
Defense and civil administration were the largest items of government expenditure, while
spending in the agricultural and especially the pastoral sector remained miniscule (ibid.,
65).
Eventually, the bureaucratic elite came to realize that personal wealth could be
accumulated quickly and easily in the upper levels of the state apparatus, which lead to an
explosion of the number of candidates vying for a seat in the National Assembly during
the March 1969 election campaign. More than 1,000 candidates from over sixty parties
attempted to gain access to this lucrative body, some spending up to $30,000 (US) in a
country with an annual budget of approximately $35 million (US). The Somali Youth
League won 73 of the 123 seats (thanks in large part to modifications of electoral laws
that favored the ruling SYL, and its raiding of the state treasury for its members’
campaign funding); when the new National Assembly met for the first time, all of the
non-SYL members (with the exception of former Prime Minister C. H. Hussein) “crossed
the floor” and joined the SYL in order to recoup their campaign expenses by gaining
access to government portfolios. By increasing the number cabinet positions from twelve
Ibrahim Egal showed his appreciation to these new SYL members. Somalia had become,
These actions made it blatantly obvious to most observers that the government’s
“emphasis was on party politics and personal power rather than on mobilization for
northern politicians in the central government9, they made up a very small proportion of
the new predatory ‘state class’. Furthermore, the nomads in the countryside remained
relatively calm during this period; according to Ahmed I. Samatar, this was due primarily
to the ideology of kinship and xeer that still prevailed in the ‘hinterlands’, despite the
creation of the centralized Somali state (1988, 70). Even though Somalia took on many
of the characteristics of a predatory state during the reign of the civilian government, it
had made no real attempt to destroy the system of traditional governance practiced by the
nomads. This would change after Siyad Barre came to power in 1969 via a military coup
d’etat.
9
Prime Minister Egal was one of the few northern politicians to hold a high-level position
The Barre Regime (1969-91)
police force; six days later, in the face of indecision by the Egal administration as to how
to appropriately handle this situation, a military coup d’etat enabled General Siyad Barre
to take over control of the state. Although many Somalis initially hailed the coup,
viewing it as an attempt to eradicate the rampant corruption that had plagued the civilian
government, it soon became clear that the previous predatory regime had simply been
James S. Wunsch (1990) notes that centralist policies are found to varying
degrees in every post-colonial African state. These policies include creation of one-party
or no-party regimes, economic development strategies based on national planning and the
centralized regime), and financial centralization (Wunsch 1990, 47-68). After coming to
power, the Barre regime immediately began to implement every one of these centralist
policies.
(SRC) banned all political activity, including membership in political parties, thereby
creating a no-party regime. All of the institutions of the civilian government were also
abolished by the SRC, which took on the previous functions of the President, Council of
Ministers, National Assembly, and Supreme Court. At the local and regional levels,
oil distributing companies, all foreign banks, the Italo-Somali Electric Society, and SNAI
(the jointly owned Italian-Somali sugar industry) (Ahmed I. Samatar 1988, 87-88).
Shortly after Barre announced on 21 October 1970 that “scientific socialism” was the
ideology guiding the SRC, it was announced that more nationalization would take
place.10 Barre believed that scientific socialism would be able “to turn this ‘nation of
nomads’ into a modern socialist state, to which people could look for leadership, security
and welfare instead of the clan” (Bradbury 1997, 6). This meant, in essence, that the state
was attempting to replace the system of kinship and xeer that had regulated person-to-
To this end, the Barre regime took extensive efforts to eradicate all vestiges of
included demonstrations and the burning or burying of effigies that symbolized tribalism,
corruption, misrule, and corruption. The death penalty was introduced in an effort to
replace the traditional dia system. This was a fundamental challenge to the concept of
xeer; the ‘death penalty’ did not exist under the xeer system, instead, the harshest penalty
that could be imposed upon a clan member bound by xeer was banishment from the clan.
Individuals could no longer refer to their ‘ex-clan’ as they had at the end of colonial rule
and during the civilian regime. Furthermore, the term ‘cousin’, the traditional way to
address a member of the same clan, was outlawed and replaced with the term ‘comrade’.
Marriages, which were the traditional way to create a connection between loosely-bound
lineage groups, were ordered to be held at newly-built orientation centers, and were
10
Indeed, a stated goal of the SRC was to “nationalize the commanding heights of the economy” (ibid.,
p. 89).
stripped of any clan significance. The Akils system was manipulated once again as the
title of Akil was changed to ‘peace-keeper’, and the position became part of the state
apparatus. Finally, regions were renamed to exclude any reference to clan lineage.
In addition to these direct efforts to strip the country of kinship ties, economic
policies were introduced to further disrupt the life of pastoralists. The Land Registration
Act of 1975 brought grazing lands under state control, and the National Range Agency
control and tax” (ibid., 8). The Livestock Development Agency was also formed in the
mid-1970s, with the goal of controlling livestock exports and ‘protecting’ nomadic
producers. Despite the creation of these programs and agencies, the relative share of state
development funds spent on the pastoralist sector of the economy actually dropped from
8.6% during the 1971-73 development plan to 5.3% in the 1974-78 plan (Ahmed I.
Samatar 1988, 95). In fact, the policies and programs that attempted to bring pastoralists
under state control were never fully realized. This was at least partly due to the rising
livestock prices during the mid to late-1970s, and the regime’s realization that the state
could still reap the benefits of these higher prices without bringing the pastoralist sector
These economic policies, crafted in an effort to bring nomads more securely into
the fold of the regime, were not the only failure. The more direct efforts of the regime to
eradicate kinship ties and the tradition of xeer in the countryside were also met with
orientation centers, and referring to each other as comrade (when a regime functionary or
sympathizer was present), these forced practices had little influence on the bonds of
kinship and xeer that were so important to the nomadic pastoral way of life. As Lewis
notes, “It would be unrealistic to expect these measures to have mad much immediate
Barre’s tactics, however, did serve to speed the decline of xeer in the southern
regions, while at the same time strengthening clan distinctions. Barre built his base of
power around three clan groups (his own Mareehaan clan, the Ogaden clan of his mother,
and his son-in-law’s Dhulbahante clan) and rewarded these clans (referred to as the MOD
Alliance), as well as other clans and sub-clans that showed their loyalty to his regime,
with lucrative positions in the state apparatus. Clan groups who were viewed as disloyal
to the regime, on the other hand, were brutally repressed. Starting in 1978, these
persecuted clans began organizing armed opposition movements.11 The first of these
politico-military groups was the Somali Salvation Democratic Front (SSDF), formed in
1980 by members of the Majeerteen clan; this was followed by the creation in 1980 of the
Somali National Movement (SNM), comprised of members of the Isaaq clan-family; the
Ogaadeen-based Somali Patriotic Movement (SPM) formed in 198912; the United Somali
Congress (USC), made up of members of the Hawiye clan-family, created in 1989; and
By the beginning of the 1980s, Somalia had become almost entirely dependent on
foreign aid in order to keep the state functioning due to the failure of the government’s
centrally planned economic policies. After Somalia’s defeat in the Ogaden War, a
11
The influx of easily obtainable weaponry in Somalia is largely due to military aid provided by the Soviets
during the Ogaden War (1977-78), and additional military aid provided by the United States to Somalia
after the Soviets switched their support to Ethiopia.
12
The Ogaden had been part of Barre’s MOD alliance, but members of this nomadic pastoral clan based in
the Ogaden region of Ethiopia became incensed with Barre after his rapprochement with Ethiopia after the
Somalia’s defeat in the Ogaden War, due to their desire for the Ogaden territory to become part of Somalia.
massive influx of Ogaden refugees from Ethiopia allowed Somalia to receive an
estimated $120 million (US) per year in humanitarian assistance; by 1982, it was the third
largest recipient among African countries of foreign aid from the United States; by 1985,
it ranked as one of the highest recipients of official developmental assistance per capita
according to a World Bank report (Bradbury 1997, 9). The formation of armed politico-
military organizations and their violent clashes with the Barre regime between 1988-91
were viewed as a struggle among competing groups no longer bound by xeer to capture
the state in order to gain complete control of the distribution of this aid. As Abdi Ismail
Samatar notes, “The shortsighted opportunism of leading members of the opposition led
them to become engulfed in struggle over whatever was left of the carcass of the state”
(1992, 637).
However, it must be noted that the Isaaq-led SNM was one of the few groups to
actually publish its political agenda, which was based primarily on the reestablishment of
xeer at the national level. Shortly after its founding in 1980, the SNM published a
The SNM also expressed its desire to “reduce hierarchy and bureaucracy to a minimum”,
central government”, and to enable “both the regional and national governments [to]
businessmen, and mullahs living abroad, the Isaaq that remained in Somalia were still
involved mainly in nomadic pastoralism. The SNM received the full support of the Isaaq
after the Somali government killed approximately 50,000 Isaaqs between May 1988 and
March 1989 in retaliation for the SNM’s brief capture of the northern cities of Burco and
Hargeisa.
On 6 August 1990 the SNM, USC, and SPM agreed to form an alliance in an
effort to topple the Barre regime. The three groups attacked Mogadishu on 3 December
1990; after almost two months of fighting, Barre was driven out of Mogadishu on 26
January 1991. Once this goal had been attained, the alliance of the three groups fell
apart. The USC hastily appointed a President and Prime Minister, then began to ‘cleanse’
any Daarood clansmen (viewed as synonymous with the regime by the Hawiye) that they
could find. The USC appointed ‘government’ was not recognized by any other clan
faction; almost continuous inter-clan warfare took place from December 1991 to March
Shortly after the collapse of the Somali state, Abdi Ismail Samatar expressed the
view held by many scholars when he wrote, “In the absence of an organized indigenous
agency which can establish peace and carry out such an agenda in the immediate future,
the Somali people must rely on the international community to save them” (Abdi Ismail
Samatar 1992, 638). Samatar and others believed that xeer had become separated from
13
The stated goals of the SNM contrast sharply with those of the SSDF, which called for the creation of a
productive and planned national economy, and the end of ‘regionalism’, among other things (ibid., pp. 142-
143).
traditional blood-ties due to the manipulation of political elites vying for the control of
state resources (ibid., 640), but this view seems to have been wrong on both counts. The
international community (i.e., the United Nations) was unable to ‘save’ the Somali people
from further destruction, and xeer was not completely dead; it was, in fact, the basis for
existing state apparatus, which lead to problems it had never encountered. Even after the
state had essentially collapsed, the UN insisted that the deployment of a peace-keeping
force without the consent of the warring parties would constitute a breach of Somalia’s
sovereignty. When the UN finally became involved in early 1992, it allowed clan-based
However, just as international aid can legitimize warlords and their actions (Anderson
1999, 50), so too can their inclusion in UN-sponsored conferences. To the extent that
each of the competing warlords dreamed of replacing Siyad Barre as the sole possessor of
political power in a new centralized state, it was highly unlikely that these conferences,
constrained by cost considerations; none lasted more than two weeks (Ahmed and Green
1999, 124).
The worst error in judgment made by the UN, however, may have been the
decision not to include clan elders as part of the reconciliation process. Although most of
those of the clan elders. By excluding clan elders from the reconciliation process, the UN
essentially denied any role for the very actors who may have been able to appeal to xeer
In October 2000, after a three month conference held in Arta, Djibouti, involving
close to 2,000 Somali delegates, a Transitional National Government (TNG) was formed,
consisting of a 245 member Transitional National Assembly elected by the delegates, and
a transitional president nominated by the Assembly. The TNG was given the mandate to
create a new constitution and a permanent national Somali government within three
years. This provisional government has been accepted as legitimate by the international
community, including the UN (which played no direct role in its creation), as it is seen to
represent the true interests of Somalis; clan elders and other segments of Somali society
took part in the Arta Conference, while the warlords were excluded from the proceedings.
However, the TNG is not viewed as legitimate by all Somalis. The majority of
warlords do not recognize the TNG, and the leaders of Puntland and Somaliland view the
TNG to be simply another faction seeking control of the state, pointing to the fact that a
number of its members held upper-level positions in the Barre regime. These members
of Barre’s ‘predatory state class’ have been accused of resuming their old practices, such
as the misappropriation of loans from Saudi Arabia (Doornbos 2002, 93). Prominent clan
elders who took part in the Arta Conference have recently called for the resignation of
transitional president Abdiqassim Salad Hassan to resign, accusing him of corruption and
claiming that he has been not carried out the duties of the office, and stating that the
elders would consider him to be another warlord if he remains in office (Agence France-
Presse 2002). In the absence of broad-based support from Somali society, the TNG
controls only parts of Mogadishu and other small pockets of territory in the country.
The troubles currently facing the TNG can be viewed as indications of the pervasiveness
and resilience of the predatory state mindset among southern Somali politicians.
that of southern Somalia. After Barre’s ouster, the Isaaq-led SNM retreated to
Somaliland, and was not involved in the inter-clan violence in the south. In an effort to
alleviate fears of SNM retaliation among clans residing in Somaliland associated with the
Barre regime, as well as the belief that the Isaaq would attempt to seize complete control
of the northwest regions, non-Isaaq clans were allowed to participate in the April-May
1991 conference held at Burao, at which Somaliland declared its independence from
two traditionally rival Isaaq clans, the Habar Yonis and Habar Jeclo, battled for control of
Burao; shortly thereafter, the Habar Yonis and ‘Iisa Muusa became involved in a violent
struggle for Berbera. However, without assistance from the United Nations (which had
very little presence in Somaliland), this conflict was resolved via a “bottom up”
Sheekh by the traditional means of xeer. Later conflicts over access to land, grazing, and
water rights within the Isaaq clan-family and between the Dulbahante and Warsangeli
clans were resolved in the same manner. Because these peace conferences were initiated
by the clans themselves, and not the UN, they were able to continue as long as necessary
Ibrahim Egal (the last Prime Minister of Somalia’s civilian government), to replace the
transitional SNM government that had been installed at the time of secession. The
Borama Conference also produced a National Charter, which was to act as Somaliland’s
constitution for two years. The Charter called for the establishment of an independent
central bank and judiciary, and created a bicameral legislature consisting of an elected
lower house (the Assembly of Representatives) and a non-elected upper house (the
this document, stating that the Assembly of Elders was “to encourage and safeguard
peace [and] creating or enforcing existing codes of conduct (xeer) among the clans”
(Bradbury 1997, 22). This was an attempt to integrate traditional and modern forms of
government, one of the stated goals of the SNM since its founding in 1980. After the
At a conference held at Hargeisa between October 1996 and March 1997, Egal
was re-elected for an additional five years by a Shir Beeleedka (Congress of Clans),
comprised of the national Guurti and 150 additional delegates chosen by their clans. A
new provisional constitution was approved, which required the government to hold a
nationwide referendum on its ratification within three years.15 The Hargeisa Conference
15
The institutional structure of central government set forth in this provisional constitution was very similar
to that established by the earlier National Charter (one important departure was a less extensive peace-
making role for the House of Elders). The provisional constitution (with a few minor revisions) was
ratified by 97% of voters on 18 May 2001.
was also able to end a two year war between the Habar Gerhajis sub-clan and Egal’s
Habar Awal sub-clan that was precipitated by the selection of Egal as President in 1993.
Since the resolution of this war, no other meaningful conflict between lineage groups has
This paper has been an initial effort in the attempt to gain a better understanding
of the divergent paths followed by Somalia and Somaliland during the past decade. The
comparative case study above was an attempt to show that the effects of centralization
varied in Somaliland and Somalia, and have diminished Somalia’s ability to utilize xeer
modernization policies, while the British placed much less emphasis on both
During the civilian regime, the southern urban elite, whose commitment to the concept of
xeer had already been diminished due to the abandonment of clan-ties, dominated the
Italian-style central government, and soon became a predatory ‘state class’, using their
government positions for personal gain to the detriment of the Somali people. The under-
representation of northern politicians in the upper levels of the central government during
this time meant that few northerners were part of the predatory state apparatus. In the era
of the Barre regime, the brutal repression of the Isaaq, the north’s predominate clan-
family, only served to strengthen northerners’ commitment to xeer, as the Isaaq rallied
around the SNM, which was founded with the express purpose of creating a national
government based on xeer principles. Conversely, Barre’s tactic of rewarding (primarily
southern-based) clans loyal to the regime created a new predatory state class in the south.
However, due in large part to their leaders’ lack of a long-term plan for a post-Barre
Somalia, armed clan factions repressed by Barre also became caught up in the struggle
for personal economic gain, vying for control of what little was left of the state.
After the collapse of the state, the resilience of xeer in Somaliland, coupled with
the “top-down” approach imposed upon southern Somalia by the UN and other
international actors only served to legitimize the warlords allowed to take part in the
The fact that a number of the members of Somalia’s Transitional National Government16
were also members of the Barre regime reveals the difficulty of purging Somali politics
governance in Somalia and Somaliland in the future, as this comparative case study is
admittedly guilty of oversimplifying the reality facing Somalis and Somalilanders. The
value attached to xeer by Somalis and Somalilanders has likely been affected by a
number of other factors, including, inter alia, the pan-Somalism that played a major role
in Somali politics from mid-colonial period until the defeat of Somalia by Ethiopia in the
1977-78 Ogaden War; Cold War geopolitics; the current manipulation of Somali politics
16
The TNG was formed during the Arta Conference, which was organized by Djibouti’s President; this is
another example of the “top down” approach to reconciliation.
by its neighboring countries (most notably Ethiopia); the commercialization of the
relationships among Somalis in the Horn of Africa for centuries, and has allowed them to
face the many contingencies of pastoral nomadic life. It is therefore essential to examine
the ways in which xeer and the tradition of “pastoral democracy” have been affected by
these events and processes, for as Vincent Ostrom reminds us, “Person-to-person, citizen-
to-citizen relationships are what life in democratic societies is all about” (Ostrom 1997,
3).
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