Stateless in Somalia, and Loving It

Wednesday, February 22nd, 2006

Stateless in Somalia, and Loving It makes a bold proposition about the country best known for Black Hawk Down:

Somalia has done very well for itself in the 15 years since its government was eliminated. The future of peace and prosperity there depends in part on keeping one from forming.

From the CIA factbook:

Despite the seeming anarchy, Somalia’s service sector has managed to survive and grow. Telecommunication firms provide wireless services in most major cities and offer the lowest international call rates on the continent. In the absence of a formal banking sector, money exchange services have sprouted throughout the country, handling between $500 million and $1 billion in remittances annually. Mogadishu’s main market offers a variety of goods from food to the newest electronic gadgets. Hotels continue to operate, and militias provide security.

Van Notten, a Dutch lawyer who married into a Somali clan, holds that Somalia is a country based on customary law:

Customary laws develop in a country like Somalia in the absence of a central legislating body. Rules “emerge spontaneously as people go about their daily business and try to solve the problems that occasionally arise in it without upsetting the patterns of cooperation on which they so heavily depend” (Van Notten, 15: 2005). Van Notten contends that the Somali customary law closely follows the natural law and therefore should be preserved.

The extended family is the core of Somali society. Families descended from common great grandparent form a jilib, the basic independent jural unit, and a number of jilibs in turn form a clan. Each family, jilib, and clan has its own judge, whose role is to facilitate the handling of disputes by deciding where the liability lies and what compensation should be paid. For example if a man is murdered, the murderer’s clan gives the victim’s clan one hundred camels (the blood price). Verdicts are widely discussed, and a judge who does not base his decision on norms prevailing in the community is unlikely to be asked to settle further disputes. Thus while a judge may form his own principles, his customers will decide his competence as a judge.

What happens when you try to impose democracy on a tribal society?

When the electorate is composed of close-knit tribal, religious, linguistic or ethnic communities, the people invariably vote, not on the merits of any issue, but for the party of their own community. The community with the greatest numbers wins the election, and the minority parties then put rebellion and secession at the top of their political agenda. That is nothing but a recipe for chaos.

Leave a Reply