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i INSTITUTE FOR PEACE AND SECURITY STUDIES ADDIS ABABA UNIVERSITY FEDERALISM: STATE-BUILDING IN SOMALIA AND PEOPLE’S STATE OWNERSHIP BY MOHAMED ADEN FARAH ADDIS ABABA MARCH, 2017

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Page 1: FEDERALISM: STATE-BUILDING IN SOMALIA ANDliPSM-od6O2t0W0p0jbPFHwvWO...ii ADDIS ABABA UNIVERSITY INSTITUTE FOR PEACE AND SECURITY STUDIES FEDERALISM: STATE-BUILDING IN SOMALIA AND PEOPLE’S

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INSTITUTE FOR PEACE AND SECURITY STUDIES

ADDIS ABABA UNIVERSITY

FEDERALISM: STATE-BUILDING IN SOMALIA AND

PEOPLE’S STATE OWNERSHIP

BY MOHAMED ADEN FARAH

ADDIS ABABA MARCH, 2017

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ADDIS ABABA UNIVERSITY

INSTITUTE FOR PEACE AND SECURITY STUDIES

FEDERALISM: STATE-BUILDING IN SOMALIA AND

PEOPLE’S OWNERSHIP

BY MOHAMED ADEN FARAH

A THESIS SUBMITTED TO THE SCHOOL OF GRADUATE

STUDIES OF THE ADDIS ABABAUNIVERSITY IN PARTIAL

FULFILLMENT OF THE REQUIREMENTS FOR THE

DEGREE OF MASTER OF ARTS IN PEACE AND SECURITY

STUDIES

ADVISOR: Dr. MESFIN GEBREMICHAEL

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ADDIS ABABA UNIVERSITY

INSTITUTE FOR PEACE AND SECURITY STUDIES

FEDERALISM: STATE-BUILDING IN SOMALIA & PEOPLE’S STATE

OWNERSHIP

BY MOHAMED ADEN FARAH

APPROVED BY BOARD OF EXAMINERS

_______________ _____________ ______________

ADVISOR SIGNATURE DATE

___________ _____________ ___________

INTERNAL EXAMINER SIGNATURE DATE

_________ ______________ __________

EXTERNAL EXAMINER SIGNATURE DATE

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Table of Contents

Contents ACKNOWLEDGMENTS ........................................................................................................................... vii

ABSTRACT ............................................................................................................................................. viii

MAPS OF SOMALIA EIGHTEEN REGIONS ................................................................................................ ix

MAP OF SOMALIA FEDERAL MEMBER STATES ....................................................................................... x

CLAN RESIDED MAP SOMALIS ................................................................................................................ xi

ACRONYMS ........................................................................................................................................... xii

CHAPTER ONE: INTRODUCTION .............................................................................................................. 1

1.1 BACKGROUND ............................................................................................................................... 1

1.2 STATEMENT OF THE PROBLEM ..................................................................................................... 4

1.3 OBJECTIVES OF THE STUDY ........................................................................................................... 6

1.4 RESEARCH QUESTIONS .................................................................................................................. 6

1.5 RESEARCH METHODOLOGY .......................................................................................................... 6

1.5.1 METHODS OF DATA COLLECTION .............................................................................................. 7

1.6 SIGNIFICANCE OF THE STUDY ....................................................................................................... 8

1.7 SCOPE OF THE STUDY .................................................................................................................... 8

1.8 ETHICAL CONSIDERATIONS ........................................................................................................... 8

1.9 ORGANIZATION OF THE PAPER ..................................................................................................... 8

CHAPTER TWO ...................................................................................................................................... 10

2.0 THEORETICAL FRAMEWORK OF FEDERALISM AND STATE OWNERSHIP .................................... 10

2.1 INTRODUCTION: CONCEPTUAL FRAMEWORK OF FEDERALISM ............................................. 10

2.2 UNDERSTANDING FEDERALISM .................................................................................................. 10

2.3 MAJOR FEDERAL TYPES ............................................................................................................... 13

2.4 FEDERALISM: UNITY WITH DIVERSITY AND CONFLICT MANAGEMENT ...................................... 16

2.5 EXAMPLE COUNTRIES IN AFRICA SUCCEEDED FEDERALISM....................................................... 18

2.6 REASON FOR FEDERAL SYSTEM APPOACH ADOPTED IN SOMALIA ............................................ 21

2.7 COMBINATION OF FEDERALISM AND STATE OWNERSHIP IN SOMALIA .................................... 23

2.8 FEDERALISM: DEVELOPMENT COMPETENCE OF THE MEMBER STATES .................................... 26

2.9 FEDERALISM ADVANTAGES AND DISADVANTAGES .................................................................... 27

2.9.1 THE ADVANTAGES OF FEDERALISM ..................................................................................... 27

2.9.2 THE DISADVANTAGES OF FEDERALISM ................................................................................ 28

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CHAPTER THREE: THE GENESIS OF SOMALIA STATE ............................................................................. 30

3.0 HISTORY OF SOMALI TRADITIONAL GOVERNANCE & WESTERN SYSTEM RULE ......................... 30

3.1 THE SOMALI SOCIETY .............................................................................................................. 30

3.2 PRE-COLONIAL SOMALI TRADITIONAL GOVERNANCE ................................................................ 32

3.3 COLONIAL IMPACT & IMPOSED WESTERN SYSTEM TO THE STRUCTURES OF TRADITIONAL

GOVERNANCE ................................................................................................................................... 34

3.4 POST-COLONIAL IMPACT OF IMPOSED WESTERN STYLE OF GOVERNANCE .............................. 38

3.5 CIVIL ADMINISTRATION .............................................................................................................. 39

3.6 MILITARY REGIME ....................................................................................................................... 40

3.7 OGADENIA WAR IN 1977 ............................................................................................................ 42

3.8 SOMALI REBEL GROUPS .............................................................................................................. 43

3.9 AFTER 1991 COLLAPSE OF THE GOVERNMENT ........................................................................... 45

CHAPTER FOUR ..................................................................................................................................... 48

4.0 FEDERALISM: STATE-BUILDING & PEACE-BUILDING BY POWER SHARING & DEMOCRATIZATION

.......................................................................................................................................................... 48

4.1 BACKGROUND ......................................................................................................................... 48

4.2 CONFERENCES PEACE PROCESS 1991-2000 ................................................................................ 49

4.2.1 1993 IN ADDIS ABABA .......................................................................................................... 50

4.2.2 1997 IN SODARE ................................................................................................................... 50

4.2.3 1997 IN CAIRO ...................................................................................................................... 51

4.2.4 TRANSITIONAL NATIONAL GOVERNMENT ARTA 2000 ........................................................ 52

4.2.2 TRANSITIONAL FEDERAL GOVERNMENT FORMED IN ELDORET AND EMBAGATHI ................. 55

4.3 FEDERALISM: TRADITIONAL PEACE-BUILDING TO STATE-BUILDING .......................................... 58

4.4 FEDERALISM CAN COMBINE THE SOMALIA TRADITIONAL GOVERNANCE & MODERN STATE

APPROACH ........................................................................................................................................ 61

4.4.1 TRADITIONAL CONFLICT MANAGEMENT MECHANISM ....................................................... 63

4.4.2 FEDERALISM AND PEOPLE’S STATE OWNERSHIP ................................................................. 66

4.5.3 SOMALILAND ........................................................................................................................ 70

4.5.4 PUNTLAND ........................................................................................................................... 71

4.5 FEDERALISM: CONTRIBUTION OF GOOD GOVERNANCE& DEMOCRATIZATION ....................... 73

4.6.1 FEDERALISM AND MULTIPARTIES SYSTEM IN SOMALIA ...................................................... 74

4.6 POWER & RESPONSIBILITIES OF FEDERAL AND MEMBER STATES ............................................. 80

4.7.1 CHALLENGES OF THE FEDERAL SYSTEM IN SOMALIA .......................................................... 84

4.8 INTERNATIONAL COMMUNITY ROLE .......................................................................................... 87

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4.9 ENVISAGE EXPECTATION OF 2016 .............................................................................................. 91

CHAPTER FIVE: ...................................................................................................................................... 94

5.0 CONCLUSION & RECOMMENDATIONS: ...................................................................................... 94

5.1 Conclusion ............................................................................................................................... 94

5.2 RECOMMENDATION ................................................................................................................... 95

5.3 REFERENCES ................................................................................................................................ 97

5.4 DECLARATION ........................................................................................................................... 106

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ACKNOWLEDGMENTS

I admire to say praise be to Allah for enabling me the ability and the resilience to complete

this work in such excellent conditions.

The accomplishment of my thesis that would represent a significant achievement for my life,

which I also hope it, will contribute for many people progresses particularly in the Horn of

Africa people. Thus, enormous deserve acknowledgment.

First, I would like to thank my advisor Dr. Mesfin for his supervision, and significant

contribution which has brought about the achievement of this research and I would like to

express my honestly warm appreciation and sincere thankfulness to IPSS. I will never forget,

and I am deeply indebted for the assistance and the help of Dr. Abdiweli Mohamed Ali the

previous Somalia pre-minister and the current Puntland president who made possible to me

IPSS to allow me to study its MA of peace and security studies.

Also, I would never forget the support of my family and friends that helped me the

accomplishment of my thesis to the pursuit of my studies. I have also indebted a liability of

the appreciation to all institutions and individuals contributed to my accomplishment, and

those provided the data.

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ABSTRACT

Since 1991 up to 2002 several peace reconciliations between Somalia politician functions

had failed to agree, due to clan mistrust based on power abuse of the previous centralized

governments of Somalia, even though some parts of Somalia separately had established

regional administrations that implemented functional authorities like Somaliland and

Puntland after central government collapsed. The International community has played a

great role the mediation to reconcile between Somalis to re-establish a functional

government of Somalia, though the most attempts have failed including humanitarian

intervention in 1992 lead by the United States of America, except the current federalism that

adopted in Kenya; 2004.

After so many attempts had failed, in 2002 Eldoret and Mbaghati peace reconciliation in

Kenya, the international community, particularly IGAD countries have supported Somali

political groups. Somalia civil society delegates and Somalia traditional elders had agreed to

change the type of government system in Somalia by chosen from a unitary to the federal

political system and adopted a transitional federal charter as a solution to Somalia disputes.

The objective of this study is to investigate whether federalism may create Somalia people’s

state ownership which would take part peacebuilding and state-building of Somalia.

The research has addressed in qualitative data collection, and the detailed study designs In-

depth interviews so as to explore for more details and a semi-structured interview. To unite

accurate primary data of a study that conducted through the interviewees of Somalia

government officer’s elders, students, intellectuals, and diaspora, who have knowledge to the

subject. To find out what these groups are thinking about Somalia's peace building and

governance structure. The study has largely depended on primary sources, as well as

secondary sources.

The thesis makes plainly obvious factors that initiated the adoption of federalism in Somalia,

which enable the community political participation and the people’s state ownership,

federalism may be a contribution to Somalia political stabilization, good governance, and

democratization. But there are still challenges that may create negative aspects for

federalism to be a solution for Somalia, due to lack of commitment of excellent leadership to

the political stabilization in Somalia, because of selfishness and lack of political long term

vision.

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MAPS OF SOMALIA EIGHTEEN REGIONS

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MAP OF SOMALIA FEDERAL MEMBER STATES

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CLAN RESIDED MAP SOMALIS

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ACRONYMS

TGS traditional governance system

SYL Somali Youth League

UN United Nations

SSDF Somali Salvation Democratic Front

SNM Somali National Movement

USC United Somali Congress

SRRC Somali Restoration and Reconciliation Council

AMISOM African Union Mission to Somalia

AU African Union

IGAD Intergovernmental Authority on Development

TNC Transitional National Council TNC

NSC National Salvation Council

TNG Transitional National Government

SNRC Somali National Reconciliation Conference

TFG Transitional Federal Government

UNSC United Nation Security Council

IRIN Integrated Regional Information Networks

UIC Union Islamic Courts

ICRC International committee of the Red Cross

SRCS Somali Red Crescent Society

PMPF Puntland Maritime Police Force

PDRC Puntland Development Research Center

UDUB Ururka Dimuqraadiga Ummadda Bahawday United Peoples' Democratic Party

UNDP United Nation development programme

ARS The Alliance for the Re-liberation of Somalia

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CHAPTER ONE: INTRODUCTION

1.1 BACKGROUND

Somalia nation is a two of the five parts partition division by the colonial. Somalia located in the

East Africa or Horn of Africa, which has a long boundary with Ethiopia in Northwest Kenya in

Southwest, Djibouti, and the Indian Ocean as well as the Red Sea or Golf of Aden.

Somalia colonized by Great Britain, Italy, and French and during Colonial time; Somalia divided

into five parts by the Colonial powers. The main reasons for colonial powers to have an

economic and military strategic interest that initiated by the geography location of Somalia.

Finally, the Northern and Southern Somalia got their independence in 1960 and then established

the Great Somalia.

Somalia is a mixed race of Arab and African origins, but some accounts suggest that Somalis

mostly associated with other ethnic societies in the Horn of Africa. In other words, Somalis, as

an ethnic group, are African in race and Muslim in faith. (Lawrenceville, 1998)

Moreover, Somalis are mostly homogeneous even though there are groups of Arabs, Bantus, and

Baravans within the Somali ethnic group, many clans, and sub-clans based on matrilineal

kinship. (I.M. Lewis, 1998)

Before the colonial powers, the Somalis ruled by a different group of traditional rule, and also

there were the Somali Kingdoms and Sultanates as well as Sultanates from Ottoman and Oman

of Zanzibar. (Laitin & Samatar, 1987)

Gave sub authority to the local rulers to lead the people of their clan and manage their affairs

such as to tribute to the kings, which was almost same like current government taxation.

The long-standing Somalia resistance to control Somalia political rule culminated in 1960, with

independence for British Somaliland on 26 June and for Italian Somaliland on 1 July. The two

parts joined to form the Somali Republic. An earlier constitutional conference in April 1960 had

established Mogadishu as the capital city a year later, the people of Somalia adopted their first

constitution, which based on European models. (I. M. Lewis, 2002)

The Creating one nation after independence from at least two colonial powers (Britain and Italy)

that had a different background of economic, political, social and even several legal systems that

was not an easy to combine formed one central government. The selection of leaders after

independence took account of appointing leaders from different clan groups, from this time

onward the "clan balancing became a necessity. (Laitin & Samatar, 1987)

Somalia became sovereign in 1960 with a civilian government, which first president and the

second were elected direct elections, and the presidents were Adan Abdulle Osman and Abdul

Rashid Ali Shama'arke who‘s unfortunately, assassinated on October 10, 1969. And then

Military led by Siad Barre came to the in coup d‘état in 1969. However, it was the reign of

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General Mohammed Siad Barre that planted the seeds of the current conflict. (Elmi, Barise,

2006)

Consequently, the structure of the state, as well as the question of the Somali national identity to

this date, remains contested unresolved. The clan institution deals with every conceivable

situation, right or wrong due to tribe interests and its member‘s safety.

During the 30 years of functional government, after the central government has collapsed,

suddenly the Somalia society pulled back the shape of the pre-state residency which was fair due

to their safety since the central government had collapsed. Because there was no trust between

them, and this necessitated each tribe goes back its former residences because the people

mistrusted and each Clan could have only trust its territory. (Elmi, 2016)

After 1991 there were re-born administrations that based on clan territories those played a

significant role the control over their land and to provide necessary services to the population,

even though there was a lack of formalization of the federalist type, example the division of

powers and competencies of regional and central governments. (Ibid)

Many writers have argued that Somalis residences and traditional lifestyle are a more similarly

modern political system of federalism. Ambassador Sed declared that since 1960 Somalis had an

ambition of federalism. Now, after the collapse of Barre's regime and twenty years of conflict,

Somalia seems to be realized this project of decentralization based on a general agreement on the

division of competencies. (Ambassador, Sed, 2014)

As well as Somalia's state ownership that had tested fundamentally Northwest and Northeast of

the Somalia whereby the Sultanate, Politician, Elders, as well as civil societies, work together so

many peace-building consensuses in various disputes between clans and conflict resolutions. As

well as state-building that succeeded state community ownership lastly established authorities of

the Puntland and Somaliland indifferently.

Currently, there is an intense debate around issues affecting the future of Somalia's state building

project and governance structure. While there has been a discussion on various models of

governance, the concept of federalism has introduced and agreed in the transitional constitution.

This development has brought "Transitional Federal Government of Somalia" that created hope

to re-establish Somalia state building as well as peace building of the Somalia.

Many Somalis argued that Federalism prompted as a result of power domination by the

centralized national government which denied any sharing of power and resources to the regions

on equitable manner hence, and also Somali people haven‘t little appetite to return to any

centralized form model. (Azhari, 2011) According to some scholars given the situation of

Somaliland, Puntland and most recently Juba land yearning for centralized unitary state seems

unrealistic. (Farah 2013)

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Somalia Political parts and civil society adopted 2004 Somalia federalism necessitated Somalia

blocks basis and building a block of the bottom-up state-building to community political

participation and people‘s state ownership in Somalia, like Somaliland and Puntland those

formed by the community without external support.

It also can be learned from the community state formation of the Somaliland and Puntland states

and could be role model Somali community to enable building block states establishment and

then united to a federal system. The federal political process in Somalia on the other hand, it was

a bottom-up approach. The clan elders, academicians, politicians, women, and the youth

converged and created whatever form of authority Puntland and Somaliland enjoy today. (Hirsi,

2011)

However, federalism is the facts in Somalia there is a group of Somalis which strongly argue

against the idea saying Federalism as a solution and couldn't see as a possible suitable and

practical tool for peace-building of the nation. And there was no doubt that lack of community

state ownership is the most primary causes that Somalia state failed. In contrast, both Puntland

and Somaliland's political success and stability partly attributed to ownership. (Ibid)

Though, federalism could be an opportunity that Somali community affordable to establish own

states that resulted in collapsing suspicion and mistrusted resulted from previous authorities'

power abuse. Somalia federal political system will contribute peace-building state-building

approaches through valuable lessons learned about local ownership, accountability, and capacity-

building in the consolidation of peace and state-building activities. (Mathew, 2013)

Since Somalia federalization and state formation is going to complete the Galmudug and

Hirshabele has recently established, after Jubaland and South West ended as a member state of

Somali Federal State. Even though the Galmudug has not yet fulfilled to be a member of the

Federal state, as Federal Constitution indicates, Each State should be two Region and more based

on eighteen regions of the last regime of Siad Bare in 1991.

Nowadays, federalism could view as a continuous process of peace-building in Somalia. The

Somalia fragmentations designed by twenty years of war caused failure on the role of the central

authority of Mogadishu to keep control over the national territory has defined the need to

promote other structures of governance inside Somalia.

Such as the formation of the regional administrations like Somaliland which declared its

independence after the overthrow of Barre in 1991. Next Puntland established its autonomy, in

1998. Then, more recently, even Jubaland and South West declared their autonomy as parts of a

federal state. (Bonvicini, 2014)

Somalia government can be reestablished bottom up approach of state-building which the

community can play a significant role for political participation that also enables state ownership.

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Because of externally imposed state-building never became functional in Somalia, since the

community has never felt state ownership. South and central of Somalia is a good example while

Puntland and Somaliland based on community participation and state ownership in Somalia, it

has to ensure that national ownership also means that key non-state actors like armies, clans, and

civil society have a say in shaping Somalia's future. (Bonvicini, 2014)

1.2 STATEMENT OF THE PROBLEM

The Somalia conflict not yet resolved, however, there were many peace processes held by the

international community to the different groups of the Somalia. At last, was adopted transitional

federal government in 2004 Mbagathi Nairobi Kenya.

Somalia, more than a quarter century, International community and Somalis groups, tried so

many efforts to reestablishing functional government for Somalia, although all attempts of

Somalia state-building and peacebuilding efforts have not succeeded yet, due to lack of

integration between the modern political peace process and the compatible one of Somalia

traditional peace reconciliation, based on that the research focuses on why not succeeded all

international community efforts to reestablishing Somalia government.

To solve Somalia problem is need to understand the major causes that resulted from the state

failure and which form of government style viable to Somalia state-building. The most of

Somalia people was victims of Somalia government after, the territorial perceptions and ideology

that underlay policy making and the framework of state institutions served as the foundation of

arrangements that offered privilege to some groups while others were marginalized as they were

denied participation in state policies. (Barbora, 2009)

Thus, societal segmentation goes up from the household level with the children of a man's two

wives sometimes turning on one another on the basis of maternal lines. (Barbora, 2009) And

these problems will exist unless self-rule and shared-ruled implemented in Somalia.

The centralized state‘s problem was not only the power domination of small group fear; all Civil

service positions for Northerners remained scarce because of the centralization of government

and administration in Mogadishu. (Ibid)

The Somalia problem as mentioned disputes based on political structures contrary to the

traditional governance, which Somalia has fallen victim to political unrest and civil war due to a

long-standing effort to eliminate traditional Somali culture and traditional loyalties based on

clanship and lineage system. (Ibid)

There was the reason created that people‘s trust in government and confidence between tribes to

lost and long rooted fear raised that will remain. Since will be transformed the previous

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institutions and political structure encouraged clan disputes and animosity such like the regime

that used to create enmity between families, senior military officers in the Somali army from

Issaq clans deliberately posted in the Majereen regions where the government was waging war

against local people‖. (Ahmed, 1999)

Since Somalia problem was the result of unstable Somali clan organization characterized by

shifting allegiances at all levels is a society so integrated that its members regard one another as

siblings and enemies at once. As a consequence political instability is ―the society‘s normative

characteristic.‖ (Laitin and Samatar 1987)

Many authors described the problem of Somalia as clan cleavage and power and resource sharing

competition. Somalia political groups supported by international community agree to adopt a

federal political system for Somalia as a solution of political disputes between Somalis even

though it is expected to resolve the problem after implemented and it is ongoing.

Somalis clan cleavages based on power competition and had ever existed but the worst causes of

conflict started from the previous governments and dictator leadership power abuse. Somalia has

been a fractured country regarding clan lineage and patronage since 1897. (Lewis, 1994)

During the post-colonial period, dating from 1960, when the former Italian colony in the south

Somalia (including Puntland) and British Somaliland in the north united to the Republic of

Somalia the issues surrounding clan lineage and patronage further compounded. (Adam, 2008)

Consequently, the Barre regime collapsed in 1991, since then there have been ongoing regional

and international attempts on Somalia peace process medications. Importantly, several problem

areas responsible for the failure of these peace processes those involved various actors.

First, the reconciliation peace process started from 1991 in Djibouti, and there were a series

Somalia peace mediation conferences held in different places Addis Ababa (1993), Cairo (1997)

and then Arta (2000) and Mbagathi (2004). These reconciliation efforts have largely

unsuccessful in bringing about permanent peace in Somalia except Mbagathi 2004 which was

adopted Transitional Federal Government, Which its turning point began from the Arta peace

conference 2000. That culminated in the Eldoret and Mbagathi peace process (2004) that

produced the Transitional Federal Government (TFG) in 2006. (Joseph, 2013)

Somalis adopted 2004 federal political system to solve mistrust between different Somalia tribes,

and the international community supported to Somalis various groups a form TFG in 2004 the

even though the government not yet functional and controlled whole the country. And the peace

process is yet ongoing process in Somalia, in both Peace-building and State-building in Somalia,

Somaliland and Puntland could be a role model of Somalia peace-building, those, have

established relative peace and security in their territories.

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Nevertheless, the Eldoret and Embagathi peace and reconciliation process of 2002-2004 was

ended with the adoption of the Transitional Federal Charter and ultimately the establishment of

the first TFG. Deep mistrust among Somali clans over 24 years of war and conflict that had been

initiated an option to the adoption of a federal system for Somalia.

1.3 OBJECTIVES OF THE STUDY

The main purpose of the study is to vitally observe the fitness and reality of the federal system

adoption in Somalia and its impact on national state-building, peace-building and political

stability.

The Specific objective of the study is:-

1. To investigate whether adoption of the federalism in Somalia is a viable alternative

option to re-establish Somalia state.

2. To analyze the causes of conflicting interests in state-building of Somalia and whether the

adoption of the federalism would contribute peace-building of Somalia;

3. To assess the viability of the Federalism trust building as well as proper an instrument of

the state-building of Somalia;

4. To examine the Somalis different perceptions concern about federalism and if federalism

can create people‘s state ownership and to trust of the state.

1.4 RESEARCH QUESTIONS

The following are the main research questions which need to continue addressed in this research:

What are the conflicting interests in state-building of Somalia?

Can Federalism be a viable option in Peace building and people‘s state ownership in

Somalia?

What are the prospects and challenges for building trust, in the Federalized State of

Somalia?

1.5 RESEARCH METHODOLOGY The research has addressed in qualitative data collection and an analysis technique involves

describing and contextualizing the adoption of the Somalia federalism.

In this case, data has been collected through an in-depth interview and document analysis.

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1.5.1 METHODS OF DATA COLLECTION

The two main approaches to research data information gathering about a situation, person,

problem, or experience, those are: ―primary sources that provide first-hand information and

secondary sources that provide second-hand information, (Kumar, 1999).

The study of Somalia federalism and people‘s state ownership structure, the thesis makes use of

both primary and secondary methods of data collection.

The study has largely depended on primary sources, therefore, secondary sources, journal

articles, position papers, online articles, books reports, official documents, and international

organizations publications related and issued on the subject matter topic.

The primary data of the study conducted through the interviewees of Somalia government

officer‘s elders, students, intellectuals, and diaspora, who have knowledge of the subject under of

the study.

Accordingly, a total of 27 interviews conducted with different members of Somalia society in

various titles and levels.

As a primary source, an interview was done with Abdullahi Jama Salah the Minister of Puntland

state of Somalia Ports, Marine Transport, and Counter-Piracy.

Mohamud Issa Ali Chairman of the Somali community in Addis Ababa Ethiopia interviewed to

provide information and contribute to views concerning the subject under study. Also, the author

interviews conducted in selected individuals of the Somali community in Addis Ababa such as

students of different Universities as well as elders and intellectuals.

Thus, an interview carried out with Abdinasir Bihi Sofe, Former Director of Puntland state of

Somalia Maritime Police Force (PMPF), 10 March 2016. The author had interviewed by email

with Faisal A. Roble Political Analyst and writer who had worked different position of high

profile in America.

The author had an interview with some official of the diplomatic corps of the Somali Embassy in

Addis Ababa.

Source of Data

Source of date for the study includes:

Somalia government official;

Somalis Intellectual;

The Somali community in Addis Ababa;

Puntland state of Somalia official;

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1.6 SIGNIFICANCE OF THE STUDY

This study would be an increased understanding and input to the previously existing literature on

Somalia. This research mainly contributes an additional knowledge of the federalism that

contributes to the Somalia state building peace-building and People‘s state ownership in

Somalia.

Thus, it covers the federalism contribution of policy making and power sharing of Somalia as

well as the Somalia traditional governance and traditional conflict resolution mechanisms those

are more permanent sustainable peace for Somalia.

This paper expected that the outcome of this study will be used as a vital foundation for

researchers interested in the additional exploration of this issue and will utilize as a reference of

Somalia federalism contribution for Somalis state ownership like other research activities in this

area.

1.7 SCOPE OF THE STUDY

The range limits and did not cover all related issues of Somalia federalism or whole dynamic

politics in the country. The paper scope is limited how Somali federalism can contribute a

solution to social, political stability and Somalis state ownership. However, central interrelated

topics also covered the actual investigation of the political tensions lies since 1960-up to date, the

government and significant challenges that cause the tension between Somalia clans.

1.8 ETHICAL CONSIDERATIONS

The research has to assure the safety and the dignity of the interviewees as well as the quality

and the integrity of the study. The researcher has adopted an ethical consideration approach by

avoiding any risk and has built a smooth relationship with the participants, which enable to

create friendly and trust.

The researcher has fully agreed and realized the responsibility to maintain the dignity and will of

the participants and also to sustain and analyze the data they provide. The researcher also

accepted not to reveal the names of the members that requested so, and also protect and respect

the honesty the information that provided and its logical point of argument. On the other hand

also were respected, all the sources of the material that used for the dissertation suitably

acknowledged for its intellectual property rights.

1.9 ORGANIZATION OF THE PAPER The Thesis consists of five Chapters. The first Chapter introduces Background of the study, the

problem of the statement, methodological approach, scope of the study and ethical consideration.

Chapter two provides the conceptual framework of the research topic. The third Chapter deals

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with the political history of Somalia including the civil war and the dynamics conflict of the

Somalia. The fourth chapter examines the post-conflict dynamics focusing mainly on examines

whether federalism can be a means for bringing for Somalia people‘s state ownership. The fifth

Chapter provides the main conclusion and recommendations.

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CHAPTER TWO

2.0 THEORETICAL FRAMEWORK OF FEDERALISM AND STATE OWNERSHIP

2.1 INTRODUCTION: CONCEPTUAL FRAMEWORK OF FEDERALISM

The modern notion of federal political system in the world has become gradually more

significant as a way of peaceful integration of diverse people to a unity within one political

system or one state.

All current federal states in the world there is a unique national purpose that has been adopted

federalism to solve some exact problems in a country. Federalism has always implemented

where there are regional differences of diverse people, Languages, and religious also, the federal

system approved as conflict prevention or a post-conflict situation. Federalism has adopted in

some a post-conflict environment such as Ethiopia, Bosnia-Herzegovina, South Africa and the

Democratic Republic of Congo.

The major factor that initiated to take federal political system when there is an entrusting

between societies or when the society doesn‘t have a trust with the central government,

frequently federal adoption necessitated to balance the power, the federal arrangements are to

ensure the protection of the rights of all community. Many arguments for federalism have

traditionally done put regarding developing various forms of privilege in the structure of non-

Monopolized, immunity or enhanced opportunity sets. (Elazar, 1987)

The vital feature of a federal system is a division of powers which enable differences region to

play ultimate policy making of a country with self-rule and shared-rule to protect previous power

abuse and to prevent new conflict to arise as well as good governance and power

decentralization. What a federal system does need for successful operation is some means of

resolving a dispute between the two levels. (Lutz, 1988)

By considering for those reasons, of course, it is clear that federalism also contributes good

governance and decentralizing administrations compared with the centralized unitary state in

many terms such like different groups right by sharing power.

2.2 UNDERSTANDING FEDERALISM Many scholars defined federalism the division of power between two levels of government.

(Riker, 1964 & Wheare, 1963 & Duchacer, 1970)

Federalism is described to unite diverse people with different beliefs in to one state, as these

scholars asserted that federalism can combine the benefits of unity and diversity or at least search

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for equilibrium between these two poles. (Watts, 1998 & Ibrahim, 2003) By ensuring different

groups‘ right and political ideology that acknowledges self-rule and shared-rule.

Some scholars believe that federalism to offer the best means to deal with national diversity and

to resolve conflicts. (Kymlicka, 1995 & Kimenyi, 2002) Classical arguments for federalism

assert that the form of federalism or power decentralization government enhances national unity

and consensus promotes security, protects citizens against encroachment by the state, limits

ethnic conflict, and safeguards individual and communal liberty". (Wibbels, 2006)

According to some scholars‘ federalism, reduce or eliminate conflicts in divided societies.

(Horowitz, 1985 & Diamond, 1999 & Kymlicka, 1995)

As Wibbels described federalism both conflict prevention and conflict resolution tools, definitive

separation of the two communities, it became possible to consider a solution of territorially based

federalism.

According to Elazar ‗federalism has to do with the need of people and statesmanship's to unite

for common purposes yet remain part to preserve their integrity. Federalism is concerned

simultaneously with the diffusion of political power in the name of liberty and its concentration

on behalf of unity. (Elazar, 1987)

Consequently, it can argue that the application of the federal principle to diverse societies

provides to inter-group solidarity by letting a re-adjustment of political divisions on various

administrative of the national level and regional. And therefore, contributes to a greater sense of

justice in both a normative and a practical sense. (Wayne, 2001 & Requejo, 2005)

It is the framework that involves the linking of all citizens, persons, and politician by making a

union in such a way as to provide for the common purposes of maintaining the respective

integrities of all citizens between member states of a country. Federalism is concerned

simultaneously with the diffusion of political power in the name of liberty and its concentration

on behalf of unity or efficient government. (Elazar, 1987)

Therefore, federalism is measured as a complete system of political relationships which

emphasizes the combination of self-rule and shared rule within constitutional powers between

federal state and its member states. Elazar interpreted federalism, as the appropriate tool that

united different groups‘ interest within self-rule and shared-rule, as a general kind of political

association around a variety of various types consequently, federalism considered as a

comprehensive system of political relationships which emphasizes the combination of self-rule

and shared-rule within the matrix of constitutionally dispersed power.(Ibid)

When there is community a distinct of socio-cultural identity that created the existed cleavage of

a society to unite self-rule and shared-rule with a separate state in order to preserve, protect and

promote differently.

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Therefore, a political institution form takes a lot of types, Elazar definition is concerned

primarily with those diversities which have the different interests and political cleavages. Many

arguments for federalism have traditionally stayed put regarding promoting various forms of

liberty in the form of non-domination, immunity or enhanced opportunity sets. (Elazar, 1987)

According to Ibrahim and Kimenyi defined federalism to accommodate diversity, protect some

groups from oppression, allowing these groups to preserve their identity and provide the desired

economic benefits. (Ibrahim, 2003 & Kimenyi, 1998)

Also the importance of self-rule and shared-rule protected each group by its rights from the

central government in its determination method on some constitutionally entrenched bases since

federal arrangements may protect against central authorities by securing immunity and non-

domination. Constitutional allocation of powers to a sub-unit protects individuals from the

center; consociations consist of somewhat insulated groups in sub-units which also are

represented in central institutions often governing by unanimity rather than by majority.

(Lijphart, 1977)

The significance of self-rule and shared-rule is the grantee of self-protection in of all citizens for

their beliefs, political ideology, economic, and cultural in constitutional power sharing and

power distributions to member states by the central authority, member state and ensure central

authority must be secured to prevent any contrary action to the will rights of minorities. By

creating power decentralization and distributing some powers from the center to the local level.

By entrusting the center with authority to intervene in member units, the federal arrangements

can protect minorities‘ human rights against member unit authorities. (Wattz, 1999)

The federalism practice involvements of the authority should continue run, and power should be

dispersed, between different groups in a nation. However, most Federalists elaborated a

measurement that federalism contributes as empirical fact in its respect of diversity broadly

conceived in its social, economic, cultural and political circumstances as a living reality.

Federalism, unlike a unitary system, a federal system based on political reality in an existence of

various groups' interests as well as individuals and their diversity through the legal terms and

legitimate. The mixture of different nations in one State is as necessary a condition of civilized

life as the combination of men in society". (Acton L 1907)

Also, self-rule and shared-rule contributes good governance and democratization which all most

creates an opportunity of public political participation at local level is an optional acceptances of

the cleavages amongst groups culturally, religious and political ideology differences. Federal

orders may increase the opportunities for citizen participation in public decision-making; through

deliberation and offices in both sub-unit and central bodies that ensure character formation

through political involvement among more citizens. (Mill, 1861)

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Decentralized and grass-root planning and implementation of federal political system by self-rule

and shared rule constitutionally granted the rights of all groups of member states together with

the rights to legislative and administrative autonomy acceptable as efficiency arguments for

allocating powers to higher levels of government. (Padou & Schioppa, 1995)

The most authors considered the significance of the federal system adoption good for the social

phenomenon. Like, Daniel Elazar proposed that federalism is the best way of relationships

between the groups' individuals, families and as well as all citizens, by collaborating each other

commonly. Elazar defines federalism in short, as self-rule and shared-rule and ‗territorial

division' of power, should be enshrined, in a constitution. ( Elazar, 1987)

2.3 MAJOR FEDERAL TYPES The federal studies distinguish between three terms of federalism, federal political systems, and

federations, which concepts separately explained as different aspects of the federal theory. For

example, Federalism can be analyzed as a value notion including ideological and philosophical

perspectives that are promoting the general solution, while federation is an empirical reality, a

particular type of institutional arrangement. (King, 1982 & Watts, 1998)

Federalism is usually as an ideology theory or philosophical perspectives views that develop

federal as a solution of difference group‘s opinion and interests in a system of self-rule and

shared-rule, where federation is a system that based on facts institutions of a regional.

Federalism is a perspective view that combines the unity of diversity; federalism always is

adopted where differences opinions, identities, and differences interests existed and shared a

union, while the federation often is based on and designed institutional realistically. Federalism

considered as an ideology or philosophy for accommodating unity in diversity and for

understanding the federation. (King, 1982)

Federalism creates an opportunity for power sharing by a central government and regional

member states; as well as a group‘s interest that exists already to gain and ensure each group‘s

interest and rights. Then this, federalism as a normative concept would focus on promoting the

view that territorially based regional units should represent in the national legislature. (Ibid)

However, there are several explanations of federalism; one of its most vital features is a division

of power between regional and central government within different groups.

According to Watts‘s Federal political systems" is a descriptive term applying to a broad

category of political systems in which, by contrast to the single source of central authority in

unitary systems. There are two (or more) levels of government, and combining elements of

shared-rule through common institutions with regional self-rule through the constituent units.

(Wattz, 1999)

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Federal studies in generally analyzed the differences between the Federation and federal political

system and each view have a precise definition of federal theory. Federal political systems and

federations, on the other hand, are used as descriptive terms regarding particular kinds of

political system. The course federal political system is an appropriate session relating to the

genus of political organization that marked by the combination of shared rule and self-rule. This

genus encompasses a variety of species such as those. ( Elazar, 1987).

The relationship between federalism and federation described the institutional structure of a

government system; the federation is defined as a fundamentally political institution, while

federalism is defined political ideology.

Observed studies discuss such features of federations as a division of power between the general

and constituent governments, shifting nature of relationships between the two levels of

government. The relation between federation and federalism articulated in the subsistence of a

form of government where the Federation, as a political institution, emanates from the political

ideology of federalism. (Wattz, 1999)

The federal political system is different from the federation, while federation described

institutionally the federal political system structured the combination of self-rule and shared-rule.

The expression federal political systems are a descriptive term referring to the species of political

organization that is evident by the combination of shared rule and self-rule. This genus

encompasses a variety of species such as those. ( Elazar, 1987)

In general, the range of federal political systems may identify by federalist scholars the following

models involving elements of federal power-sharing: Unions: These are policies compounded in

such a way that the constituent units preserve their integrity primarily or exclusively through the

joint organs of the general government rather than through dual government structures. (Wattz,

1999)

Federation described the constitutional division of central government and regional member

states which ensures representatives of regions in central government decision-making process.

Then, the Federation described as ‗a legal system which shows a division between central and

regional governments and where particular of ingrained representation accorded to the regions in

the decision-making procedures of the central government. (Ibid)

Federations there are different complicated politics, combining active constituent member state

of the administration and a strong central government, each possessing powers delegated to it by

the people through a constitution. And both empowered to deal directly with the citizens in the

train of its legislative, administrative and taxing powers, and each straight elected and

accountable to its citizens.

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The degree to which federation is the suitable model to accommodate and manage diversity in a

particular situation will depend on the extent to which the social diversity is amenable to the

institutional features of federations as described above. (Ibid)

Theoretical description of federal theories to emphasize for the empirical study of federal

political systems will not only provide a matter of differences in various kind and species

regarding each institutional structures; it also involves an examination of the different

relationships found within species, including the processes of dynamics implementation of

institutional structures.

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2.4 FEDERALISM: UNITY WITH DIVERSITY AND CONFLICT MANAGEMENT

Federalism is a normative one and refers to the advocacy of multi-tiered government combining

basics fundamental of shared-rule and regional self-rule. It based on the supposed value of

achieving both unity and diversity by obliging, preserving and promoting different identities

within a better political union.

Federalism contributes resolutions between the areas of which have been considered degrees of

diversity within a state, the differences between territorial and non-territorial diversity and social

cleavage the unfavorable impact of integration and power and resources sharing.

According to Watts, the smaller, self-governing political unit has risen from the desire to make

governments more responsive to the individual citizen. And to give expression to first group

attachments linguistic and cultural ties, religious connections, historical traditions and social

practices which provide the distinctive basis for a community's sense of identity and yearning for

self-determination. (Ibid)

Federalism recognition of diversity society and different groups‘ cleavage acceptance is a part of

country‘s stability, the objective of federal political systems is not to eliminate diversity but

rather to accommodate, reconcile and manage social diversities within an overarching polity.

(Ibid)

Federalism plays a great role in conflict management as well as conflict prevention of a country

that resided a society that has different religious, cultural ethnicity to ensure each their particular

right and interest. The federalism is considered to take part conflict managements through the

federal arrangement on such an inflexible trait such as ethnicity is to freeze the compromise and

negotiation inherent and necessary for a federal operational system. (Elazar, 1987)

Federalism importance is not only conflict prevention and conflict managements; federalism play

also significance role the strengthening good governance and democracy through political

decentralization system which enables political participation to the local community. Federalism

makes possible to the deferent society in a state; equally, bargaining and compromises which are

some of the typical features of a democratic federal polity could facilitate better management of

conflicts. (Chapman, 1993)

Federalism‘s contribution to the preservation and development of minority cultures and

languages could also contribute to the pacification of inter-ethnic relationships. (Smith, 1995)

That has a great significance the unity and diversity of a society in a country that has a diverse

society by power sharing which enables all groups a space to excise politics and share commonly

with one and other at a national level as well as regional.

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The circumstance of the modern global prospect, federations combining shared rule and self-rule

do provide a practical way of combining the benefits of both unity and diversity through

representative institutions. (Wattz, 1999)

The recognition of implementation that based the representatives of both regional and central

government at a normative level that associated with federalism contributes peace and security,

to the citizenship.

The power distribution of federal political system creates good governance, of a democratic self-

government for ethnic minority groups through a federal arrangement and is expected to increase

their sense of security and identification with the multi-ethnic state and thereby reduce conflicts.

(Daniel, 2000)

The federal political system is necessary the reconciliation between deferent groups of a nation,

the end of the twentieth century by the increasingly global economy that has itself unleashed

economic and political forces strengthening both supranational and local pressures at the expense

of the traditional nation-state. (Wattz, 1999)

The acceptance of diversity and recognition dissimilarity of a society necessitated by

Federalism‘s attractiveness as an instrument of conflict management lies in its promise of

making ethnically heterogeneous states more homogenous through the creation of sub-units.

(Leary, 2001)

The federal political system purpose is to provide an equal percentage to the whole population of

a country, which is aimed to prevent conflicts amongst the public since each right acknowledged

constitutionally. Thus, the nation-state itself is simultaneously proving both too small and too

large to serve all the desires of its citizens. (Wattz, 1999)

Donald Rothchild asserted that federalism ‗can play a role in managing political conflicts. By

enabling local and regional authorities to wield a degree of autonomous power, elites at the

political center can promote confidence among local leaders‘. (Donald, 1998)

Sometimes, in reality, the minority people have less control over decisions and resources

beneficence that critically concern them. Nation-states have become too remote from individual

citizens to provide a sense of direct democratic accountability and to respond openly to the

specific concerns and preferences of their citizens. (Wattz, 1999)

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2.5 EXAMPLE COUNTRIES IN AFRICA SUCCEEDED FEDERALISM

Federalism has experienced a few countries in Africa including Nigeria, South Africa and

Ethiopia, the significance purpose of these countries that adopted federalism to solve their

problems. As an example we need to know how federalism solved their political problems, those

exist pre-federal political system whether it is a lack of good governance lack of political

participation for the local community, or political disputes, abuses of power and resources, which

could be similar to Somalia problem.

According to Michel Burgess, January 2012, For the final category of state and (multi) nation

building it is appropriate to turn to the three examples of Nigeria (1999) and much more recently

Ethiopia (1995) and South Africa (1996). In the first case, a mainstream federal discourse about

Federation in Nigeria dates back at least to 1946 in the British colonial era with the application

of the federal principle as a territorial reorganization of three ethnic-religious ―regions‖ with

their governments and assemblies in the Richards Constitution. While the legacy of the federal

idea in Ethiopia initially involved the Ethiopia-Eritrea Federation (1952-62) followed by an era

of relentless efforts by Emperor Haile Selassie to transform the country into a strong

nationalizing unitary state, with the final phase before a separate federal Ethiopia witnessing the

Derge Marxist military regime in 1974, which came to an end in 1991.

Nigeria‘s success in overcoming the danger of state disintegration and disorder as well as

accommodating conflict is also considered to have resulted from its federal structure which has

the potential to be a model for conflict management and the governance of diversity not only in

Africa but also within the whole developing world. (Suberu, 2009)

According to Abubakar, 17 June 2016, the Nigerian government endeavored to have a

sustainable peace promoting a federal system whereby in several contexts of a state including the

role of federal design, institutional redesign, a system of government, either parliamentary or

presidential. And ethnic conflict management is all attached to its long-term government

strategic plan to achieve national unity. It was done to preserve a democratic system which

accommodates one of the World's most deeply divided ethnic societies and a populated African

country. While Somalia is a homogenous society, there is clearly need to learn lessons from the

Nigerian experience of federal state design to achieve the state building goals based on

democracy and inclusivity.

The primary purpose that countries adopted federalism is power decentralization and to

implement good governance to the local community as well as to prevent a race or small group

to violate the power also federalism adopted to avoid conflict and civil war due to small group

power abuse to maintain autonomy to the geographically isolated regional communities. And

provide an efficient government service to local communities in excessively large African

countries as Sudan, Ethiopia, and Nigeria. (Kimenyi, 1998)

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According to Michel Burgess, January 2012, Nigeria, Ethiopia and South Africa each conform

to the model typical of other non-federal African states in the extent to which they place regime

security, political and governmental stability. And (multi)national state unity above civil society,

political trust, power sharing, and real participation in a multi-party democracy, human rights

and the rule of law.

Some political analysts wrote Africa‘s traditional features shaped as federation which we can see

Somalis pre-colonial residence that was similarly Federation, even though federal political

system adopted first western countries. The African States are naturally suited for the

establishment of federal systems of government. (Horowitz, 1997 & Coakley, 2000)

Ethiopia has adopted a federalism to grant the rights of all ethnic groups and Identities of the

entire Ethiopian citizen, by the Constitution of the Federal Democratic Republic of Ethiopia

regularly refers to the constituent ‗Nations, Nationalities and Peoples.' (Burgess, 2012)

Federalism advantages we can take an example Ethiopia federalism which has protected

exclusive rights of every ethnic and common interest of Ethiopia unity, and this could be the role

model to the Somalia. That ethnic federalism was the only way of democratically restructuring

the country, enhancing the political participation of the Ethiopian population and giving ethnic-

regional rights to the previously oppressed peoples or nationalities‖. (Aalen, 2006)

Since Africa‘s traditional authorities structured as federalism, it could be implemented a good

governance in African through federalism. Though federalism in Africa usually considered as

imported model from the Western World, some researchers argue that in Ethiopia federalism is

part of the country‘s political tradition. (Horguelin, 1999)

For example, Ethiopia, traditional monarch structured as Federation same like Somalis

traditional authorities featured as federations which indicate a suitable political system in Africa

particular Somalia is federalism. Similarly, Abbink (1997) asserted that in its most of history

Ethiopia has a tradition of the federation because the power of the monarch was often superficial

and remote, and regional autonomy substantial. (Wondwosen, 1998)

According to Burgess, translated into practical goals, this meant reconciling important sub-state

differences and diversities with the overarching quest for national unity. (Burgess, 2012)

The significances and importance of the federal political system for Africa are power

distributions local community political participations and social developments to the local

community as researcher conducted in Ethiopia. One of the highly pronounced achievements of

ethnic federalism in Ethiopia is its ability in expanding education and other infrastructures in the

areas not covered by the previous regimes. (Balcha, 2006)

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The good example of those countries federalism solved prior intra-community cleavage and

challenges, like Ethiopia and South Africa, those have both been considered federal successes

the former because it has survived intact since 1995. As a functioning multinational federal

republic with a highly unstable recent history and the latter because it has overcome its apartheid

legacy and post-colonial common and sub-state national challenges. (Burgess, 2012)

As the study claims in Ethiopia, the development inaccessible to the local community pre-federal

state and only things that expected was the necessary for security which is Somalia also is

similar, and it is important to deliver local community good governance and social developments

through power decentralization of federal political system. In the past, road construction,

hospital, and other infrastructure expansions were in few areas and only motivated by security

and military concerns (A member of the regional executive from Berta, Interviewee 6 2002: 6).

(Balcha, 2006)

Federalism has contributed the recognition of all communities as well as good governance and

democracy; it is clear that electoral democracy has expanded and grown with enormous success

in Nigeria, Ethiopia, and South Africa. (Burgess, 2012) According to Burgess, 2012, it is clear

that electoral democracy has expanded and grown with great success in Nigeria, Ethiopia, and

South Africa.

The purpose that a country adopted federalism to recognize the living breathing diversities in the

body politic by channeling and to canalize them into a framework of values that could

successfully accommodate, protect and promote their interests and identities. (Ibid)

Federalism states would grant the rights of minorities and will create confidences and state

ownership of them. Moreover, many believed that self-administration also brings self-confidence

for the indigenous community. (Balcha, 2006)

According to Burgess, Nigeria, Ethiopia, and South Africa each conform to the model typical of

other non-federal African states in the extent to which they place regime security. Political and

governmental stability, and (multi)national state unity above civil society, political trust, power

sharing, and real participation in a multi-party democracy, human rights and the rule of law.

(Burgess, 2012)

In aggregate, it is clear that federal political system could contribute a lot to the Africa‘s good

governance and democratization process of public political participations. As well as preventing

conflicts and resolving disputes those have occurred and respecting rights of minorities also

federal protects power and resource to be in the hands of a small group as used to happen in

Somalia and federalism could be the solution.

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2.6 REASON FOR FEDERAL SYSTEM APPOACH ADOPTED IN SOMALIA

Pre-state time, Somali people residence was structured a clan base traditional leadership, which

was also decentralization tribe leadership that similar with the current federal system. Somalia

people used to have traditional leaders that highest power position was powerful sultanates that

ruled the most parts of the country; the traditional leadership used to control a clan base

territories. Which there was no unitary system pre-state in Somalia which featured like as

Federation, Somalis are not a unitary people group but a grouping of large clan federations that

spread across the country? (Barbora, 2009)

After central government collapsed in 1991, Somalia separated in base clan territory which based

on formal residences that more similar to a federal system even though there was no central

authority and veterans figure that Somalia federalism was adopted.

Somalis pre-state territory featured clan home that had a different traditional custom law that

shows us there had being powers based on family lands that characterized as a federation. As

mentioned his research Lewis, I. M, Amongst the Daarood and 'life, on the other hand, a married

woman's agnates are solely responsible when she kills someone and conversely receive her

blood-wealth if she is killed. (I.M.Lewis, 1999)

On the other hand, we can understand each clan territory had its custom law as previous Darod

and Issa had the same custom law in some issues here Isaaq had a different one it's ruled area in

generally as Lewis, I. M wrote. Amongst the Isaaq of the Protectorate generally, if a married

woman is killed whether or not she has borne children, her agnatic kin and her husband's agnates

divide her blood wealth equally among them. (Ibid)

Pre-state time pastoralists in the Northern had administration image without a central

government that appeared post-state time like establishments of Somaliland and Puntland as here

declared Barbora, the social structure of the northern pastoral Somalis is characterized by little

social stratification and no centralized government. (Barbora, 2009)

Mr. Mohamed told IRIN, since 2004, the country has moved toward a federal system, not

because it is inherently better, but because, "Somali people don't trust each other. (Mohamed,

2014)

Pre-state functional authorities based on clan support decentralized group families as this author

wrote, regarding political self-assurance, power decentralized among and within clan families,

tribes, sub-clans and diya-paying groups. (Barbora, 2009)

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The features of Somali clan residing before the state and the current federalism both have the

same characteristic. Because Somali people were featured same like federation, before the

modern statehood, since every clan controlled their own land under their ruling system headed

by their elders and clan committees the only viable government system in Somalia is federalism.

This system is part and parcel of Somali culture; therefore, there is no point of trying to impose

on them an alien system; namely central government, rather than a system that harmonizes with

their culture. (Abdinasir Bihi, 2016)

Some Somali clans had powerful sultanate that signed international treaties with European

countries like Italy, by 1888, Italian trading companies had begun to sign protection agreements

with Somali families along the Indian Ocean coast – the Majertain Sultans of Obbia and Alula.

(Barbora, 2009)

These are best examples, in many ways the traditional clan leadership and basic way of life in

Somalia are more similar to a federation system. Marco Zoppi, a freelance political analyst,

declared that the characters of Somali federalism had already existed in Somalia; the current

distribution of the clan already lends itself to a phenomenon of this kind. (Zoppi, 2014)

For example, Barbora wrote traditional political office was only in Northern Somalia in the pre-

state time in the same issues after Somali central government had collapsed Northern part of

Somalia had established reliable authorities such like Puntland and Somaliland, the institution of

clan head was the only traditional political office in Northern Somali society. (Barbora, 2009)

Ambassador Sed, said that since Somalis structured like federation from 1960 Somalis had an

ambition of federalism. Now, after the collapse of Barre's regime and twenty years of conflict,

Somalia seems to be able to realize this project of decentralization based on a general agreement

on the division of competencies. (Ambassador Sed, 2014)

For example, as Barbora wrote, the Majertain pre-state Sultanate used to represents 70

percentage of the current Puntland state; these existed in the forms of various state-like polities,

e.g. Majertain Sultanate whose territory included the present regions of Bari and Nugal, the

Sultanate of Mudug/Hobyo. (Barbora, 2009)

For example Puntland state formation came to an ambition both traditional and modern

federalism after central government collapsed in 1991 which initiated to adopt federalism

political system in Somalia. Compromises, agreements and balances that are typical of the

federal model are already present in the Somali current political forum among these

constituencies. (Parmira, 2014)

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Most of the geographical federal state more based on pre-colonial clan base territory even though

there were not demarcation boundaries which are still exist in some parts of the modern federal

state, although pre-colonial Somali society did not have a national government and clear-cut

borders, there were structures exercising power over people in what is now Puntland. (Barbora,

2009) After the central government collapsed tribes regroups pre-state clan base territories,

federalism is the closest political system, and that is why Somalis had adopted federalism. The

meeting mentioned that clan residences are more similarly with the current federalism, in the

conference, Ciacciarelli said that groups and tribes are constantly present in Somali society,

federalism is already a fact. (Parmira, 2014)

Even though Faisal believed that there was no relationship between current federalism and pre-

state clan resided features, clan is a social phenomenon that has been here before modern state

system; federalism is a form of modern state that reorganizes public institutions. One is

governmental, and the other is a traditional social relationship. (Faisal, 2016)

However federal member states more formulated clan base territory, and federalism

implementation in Somalia, it is easy to follow the procedure that Puntland formed as President

Abdiweli said; this idea was firstly sustained and put into practice by Puntland, which has

emerged since 1998 as the mother of Somali federalism. (Abdiweli, 2014)

The all federal member states seem formulated from pre-state pastoralists blocks residence,

farmers and fishers those also highly based on a Clan base territories and cultural alliance of a

neighborhood same like current federalism seems there is no any new thing that brought by

federalism because federalism was applied the residence ways of Somalis. (Dirie, 2016)

The only difference that we can mention that the traditional governance and their administrations

that based on clan territories did not raise taxes; it did not allocate budget; it did not arbiter

resource allocation or did not conduct tax collection. On the other hand, like any medieval social

order, clan systems had some function, but have nothing to do with federalism. Just like

religions, a clan is a form of the social system; but it is not synonymous to federalism. (Faisal,

2016)

2.7 COMBINATION OF FEDERALISM AND STATE OWNERSHIP IN SOMALIA

The federal political system is viable tool Somalia by the creation people‘s State Ownership in

Somalia since federalism contributes decentralization authority which enables political

participation to the community. And the people could have state Ownership, while the

government was formed by the community and it service to the community by self-rule and

shared-rule system of federalism.

For example, the places that the community had done peace building and state building such

Puntland and Somaliland, it is clear that this resulted people‘s state ownership.

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The most of Somalia people believed that the button up approach of the federal system could be

the best option that to develop Somalia community to feel state ownership. The federal system is

the only form of government that can work the contemporary in Somalia due to the disputes civil

war, and lack of genuine reconciliation shook the confidence and the lack of trust between

Somali people the only solution of both Somalia people‘s state ownership and state-building is

self-rule and shared-rule. Therefore, a self-governing and loose federation is the sole solution

and the opportunity that Somalis could have State ownership. (Abdinasir Bihi, 2016)

It is vital to understand that Federalism of Somalia is a suitable political system that Somali

community could live together brotherhood and work with each other for peace building and

state building willingness. (Dr. Yusuf, 2011)

Because the Federal political system is the appropriate to create an opportunity for Somalis state

ownership as well as to have one state by taking an example of the regions that formed a regional

state like Puntland which willing to be a member state of the Somalia federal states based on

people‘s state ownership. Like the President of Somalia, Hassan Sheikh Mohamud reacted in a

statement: by sending personal congratulations to President Abdiweli Mohammed Ali Gaas

when was elected. ―Puntland is a model for the rest of the country and what happens there

matters very much. (Mohamud, 2014)

The federal political system enables to the Somali community state ownership as well as power

and resources sharing, which is a viable political system that Somalis need as to have self-rule

and a joint rule of the country, such as Dr. Yusuf expressed his article.

As the result of self-rule and shared-rule of federalism contribution of resources and power

sharing between States and the Central Government could easily create national unity and

people‘s state ownership as well as achieving enhancement of welfare goals for its citizens,

while maintaining collective sovereign unity has been initiated. (Ibid)

A lot of Somali intellectual‘s beliefs that federalism is an option to solve Somalis recent dispute

problems and Somalia people would feel state ownership due to their active of self-rule and

shared-rule; federalism will disperse power among the states, and will thus reduce the

concentration of power in central hands. It is the best form administration we can implement

today in Somalia, The unitary system of governance has brought us a lot of problems that are still

with us today. (Bakar, 2014)

Somalia adopted federalism political system to solve Somalia's political problem of a power and

resources that had under the control of few individuals on the power and to distribute power and

resources to the local community so as to feel that owned the government, and it is serving to

them. Federalism was prompted solution as a result of power domination by Centralized National

Government which restricted any sharing of power and resources to the regions on equitable

manner. (Dr. Yusuf, 2011)

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Somalia federalism is accommodating people to have federal member states that owned by them

at the local level and national unity which is the solution of Somalia disputes. Somalia has come

to agree that federalism as a viable solution to restoring peace. ―Due to the prolonged civil war

and the resulting trust deficit, Somalis are yearning for local control of their politics.

Decentralization, or any other form of federalism, is the answer to their quest. (Aynte, 2014)

As Dr. Yusuf wrote his article Federalism is a political system that enables Somalis Democracy,

good governance and distribution of the power and resources of the local community also are an

opportunity that local community could have a role governance of their state and state

ownership. The federal system is simply, a democratic, equitable policy procedure which allows

sharing through cooperation and involves the division of power between a central government

entity and local State governments. (Dr. Yusuf, 2011)

Overall Somalia federal political system of bottom-up approach would be the best option that to

develop Somalia community's state ownership in Somalia. The federal system of governance is

one of the most important ways to taking governance back to the local regions so that they can

participate in their governance. (Faisal Roble, 2016)

Federalism is a political system that divided political power constitutionally and that what

Somalis need power and resources distribution to the local community. A simple definition of

federalism is that it is a system in which there is a constitutionally entrenched division of

authority between a central government and regional or local entities. (Dr. Yusuf, 2011)

The Somalis governance mistrust each other after a small individual used to exploit the power

and resource of the country, Somalia community lost state ownership and federalism adopted is

the only suitable political system to Somalia that all the community could have state ownership

and trust each other by sharing resource and power. As Abdulkadir told IRIN Resource-sharing,

power -sharing, political representation all have abused by certain people in the higher ranks of

the government. Welfare services have never delivered. Local constituents never received their

share of national resources, so federalism was proposed a way forward in Somali politics.

(Mohamed, 2014)

The traditional elder involvements implementation of federalism and button up approach of

peace building and state building in Somalia is the fitting way to find Somali's state ownership

instead of imposing. The underlying cause of such success was the fact that the reconciliation

process relied heavily on employing traditional institutions of governance the guurti assemblies.

(Barbora, 2009)

In different ways, most of Somalis believed that federal system of Somalia is the easiest way to

find Somalis state ownership and the solutions of the civil war, at this juncture in the history of

the country, this is the right system to arbiter past conflict. (Faisal Roble, 2016)

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2.8 FEDERALISM: DEVELOPMENT COMPETENCE OF THE MEMBER STATES

Somalia adopted federal political system after the collapse of the central government in 1991 the

Somali community disintegrated due to mistrust between tribes, and each clan went back pre-

government resided territories, and that is why Somalis agreed on a federal political system

designed to residences way of Somalis.

Somalis had established different administrations based on clan territory, and some of them

implemented self-governed authorizes those fulfilled to be federal member states even before the

federal system was adopted such like Somaliland and Puntland. These authorities had achieved

social development institutions and competitors of infrastructures progress.

According to Surer and Hassan, federalism was the solution for those respondents who saw the

civil war as the principle reason for mistrust. As another respondent noted, ―federalism is born

out of a conflict because of civil war, it remains the only way to bring the country back Somali

federalism is a response to war. (Surer & Hassan, 2015)

Generally in Somalia, if the community established the administrations always sustained but the

centrally imposed one always remains the paralyzing government. And there will never be

developments competitions such Puntland and Somaliland that is the differences. Proponents

charge that federalism will empower alternative centers of authority, away from Mogadishu and

created by one respondent‘s argument that ―every man [should] build his house. (Ibid)

Somalia federal member states usually become proper functional whenever the local community

established authorities from districts. But if it imposed by the central government has not gained

the local community support as well as people‘s state ownership, for example, there should be

doubted the sustainability of the Galmudug since formed by central government while the

formation of Jubbaland and Southwest of Somalia the local community to played a great role.

Consent to govern must be gained gradually, as trust gained slowly.‖ Federalism, then, brings the

government closer to the people by devolving powers to the Federal Member States. (Ibid)

Here is the best example, Puntland and Somaliland are functional because of the local

community established without international community support as Abdalla said, and the other

Somalis can learn from these two states that peace and consent among themselves are the keys to

success and development. The prevailing situation of these two areas is relatively safe, and

business is progressing, and developments of basic infrastructure are going well. (Salah, 2016)

The federal system will bring stability and competition among the member states provide that

governing rules and regulation are well placed, and the borders are defined, and a constitutional

court is established to settle any difference that comes up. (Salah, 2016)

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The reason that Somalis adopted federalism was to solve the problems and to be the hope is built

into the proposed ‗bottom-up solution,‘ as federalists often refer to the construction of Federal

Member States, will include much more actors on the national stage. (Surer & Hassan, 2015)

There will be important competitions if federal member states formed by the community and

federal-state role remain a technical and financial support to the community this will enable the

community state ownership and would be competent with other member states. The numerous

successes of local and regional peace processes stand in stark contrast to the persistent failure at

the national level. (Menkhaus, 2009)

Somalia federal equal with a tool of development competitions which initiating an event

champion between federal member states also it is a tool of decentralization and distribution of

power among to the people which will eliminate mistrust, corruption. And member states have

competed to the development and fight to improve all necessities for its population, and there

will be no one to blame except themselves for any deficiency. (Salah, 2016)

The decentralization of powers, then, serves to empower and legitimize these political contests,

under the moniker of Federal Member States. (Ibid) For example, I agree with Surer and Hassan

the authorities should be built by the people to feel a sense of state ownership. Indeed, the

argument that ―every man should build his house,‖ illuminates an important, if unspoken, aspect

of the Federalist cause. (Ibid)

2.9 FEDERALISM ADVANTAGES AND DISADVANTAGES

Federalism is a structure of government that allows for more than one member states a region

and a central unit to be an authority of a country. Federalism is a power distribution from central

to the localized forms of governments that take control of local and regional issues.

2.9.1 THE ADVANTAGES OF FEDERALISM

There are several great advantages of federalism, power decentralizing to smaller branches of the

local government as well as local community political participation. The federal political system

is better suited to deal with the exact things that needed to change. The Federal political system

creates power decentralization could be an expression of particularity, individualism, and

democracy. (Preston King, 1982)

The most significance characteristic of federalism is the checks and balances and power and

resources sharing. Federalism is avoiding a small group of the government to seize all power in

the country. Federalism is helpful to prevent any serious and negative attitude of a group to

control whole the country. The contribution of federalism as a theoretical formulation and as a

way to reconcile the pre-existed gaps treated federalism as a means to attain political unification,

democracy, popular self-government and accommodating of diversity. (Elazar, 1987)

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Federalism enables to the community democracy participation; the public may have a significant

say in what happens within the government. Federalism facilitates local community play in a role

the local governments; the federal political system allows the society to feel more involved in the

decisions making of daily workings of their government. Political advantages of federalism have

conceived as a balance between autonomy of independence of unity and diversity. (Preston King,

1982)

Federal political system additional used to allocate national resources efficiently by aligning the

output of public services to the preferences of the people according to their local circumstances

rather than to centralized decisions to provide the services at a uniform level across all

jurisdictions. (Luak, 2014)

Federalism plays a great role for developments innovation and experimentation of the both

governments can have two different approaches to bring transformation creativity in any area of

the public field in social or economics. The contrasts of this activity can result in real policies

that can give a clear idea of which policy is better and to develop near future.

Federalism plays significance role of facilitating collective representation, providing autonomy

to the fundamental regional political structures. In this connection, many scholars pointed out

‗self-rule and shared rule‘ as a defining feature of federalism. (Anderson, 2008)

2.9.2 THE DISADVANTAGES OF FEDERALISM

The federalism disadvantages problem arises when the two bodies of the governments struggle

power between them. Central unit wants to declare its power over the federal member states, and

member state wants to play separately. That can cause power arguments like strikes and make

the government much-consternated power disputes and to be less effective.

Preston King, who introduced the problem to the forefront of federal studies, argued that the lack

of a distinction between the two aspects was partly responsible for the difficulty in

conceptualizing federalism. (Preston King, 1982)

Since Federalism promotes power decentralization to the local governments, it also promotes

smaller levels of arrogance. Federalism sometimes creates energy competition between member

states and takes away from the sense of patriotism that ought to be present all over the country.

Federalism sometimes creates the dilemma of recognition is innate in all forms of group rights.

Any team recognition ensures the maintenance of the differences and provides minority elites

with a vested interest in the continuance of the divided system; the paradox of collective

representation is that it perpetuates the very divisions it aims to manage. (Bagchi, 2000)

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Federal governments sometimes failed to make a distinction between the ideological propensities

of federalism from its institutional construct. While they marketed as mechanisms of conflict

management, tools of joint representation have features that might exacerbate divisions under

certain circumstances. (Erk & Anderson, 2010)

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CHAPTER THREE: THE GENESIS OF SOMALIA STATE

3.0 HISTORY OF SOMALI TRADITIONAL GOVERNANCE & WESTERN SYSTEM

RULE

3.1 THE SOMALI SOCIETY

The structural of the Somali society is divided clan system that has two main lineage lines, as

presented here, Samale and the Sab into clans and sub-clans in genealogical courses the Digil

and Rahanweyn clan groups belong to the Sab, while the Darod, Hawiye, and Dir clan families

belong to the Samale.

According to Lewis 1994: 202, although the clan families are not strictly territorially delimited,

they do tend to occupy distinct geographical locations the Isaq and the Dir in the north. The

Digil, Rahanweyn in the agricultural areas in the south the Hawiye in and around Mogadishu and

the Darod in the south and the north the differentiation between Sab and Samale reflected in the

first contrast between the nomadic pastoralism of the Samale and the sedentary farming of the

Sab.

Somalis traditionally didn‘t have a formal associated central unity of leadership, Traditionally

Somali society particular pastoralists any adult male is eligible to become an elder by selecting

for attributes like age, wisdom, knowledge of the customary law. The councils of elders meeting

appointed leading elders of dia-paying groups as headmen which styled Local Authority.

In addition to that sometimes Somali society based on clan groups acts as political parts in

genealogical manipulation and by fictions of clanship (in terms of the dominant political

ideology) is a well-known feature of segmentary lineage systems. And indeed, has been taken as

a general, if not necessary, characteristic of this type of political system. (Fortes, 1953) For

example, in northern Somali society, all political units owe their solidarity to explicit contracts of

government which defines the specific legal and policy obligations of their members. (Lewis,

1959)

Somalia Islam is the only Religion, and the vast majority of Somalis are Sunni Muslims, almost

entirely of the Shaf'ite school. Islam is an important unifying factor for Somalis, especially as

there is no major schism within its Islamic faith. Along with clanship, Islam represents one of the

cornerstones of Somali national identity.

Language alongside Somalia history, the language and Islam is a fundamental element of the

Somali national identity. The Somali language is a member of a group of languages called

Lowland Eastern Cushitic and is a sub-group of the Cushitic language family. Somali has two

major dialects - the standard dialect spoken by most Somalis and the Digil/Rahanweyn dialect

spoken primarily in the inter-riverine areas. (Samatar, 1988 & Ahmed 1995)

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The traditional Somali leaders can define regarding the legacy, the strongest leadership that

possession the public confidence in the Somali society is traditional leadership even though they

represent clan, it is very rare in Somali society someone to oppose traditional leadership while it

is clear political leadership.

The Somalia governance starts from traditional leadership to the modern management of political

leadership even though the current administration had never gained public trust while traditional

leadership ever had a public trustee. After Somalia central government collapsed in 1991, some

parts of Somalia politicians and traditional leadership collaborated with administrations

establishments such like the Northeast and the Northwest of Somalia.

Somalis were people having cultural governances and traditional leaderships based on genealogy

lineages whether from one clan or different families that based on specific territory, and mostly

traditional leaders gain public trust. The Somali society is known traditionally, to organize into

families with clan lineages that have a common culture, language, and religion. (World Bank,

2005)

However, there was no central chain of leadership in the Somali society; traditional leaders used

to collaborate each other, and the community had integration, and that is why traditional

leadership often gains people‘s confidence while politician had never gained people confidence.

Whatever sultanate, emirate or chiefdom, what all state-like political entities had in common is

that sedentary Somali have integrated quite easily into the emerging authority structure since

they accord a high value to communal identity. (Barbora, 2007)

The traditional Somali leaderships were the most common base but on a shape of the traditional

Somali culture used to neutral for all tribes of Somalis and this is the reason that traditional

leaders still respected in the society. Somali culture and politics formed throughout first families.

Each clan is made up of various levels of subdivision that descend from clan-families to clans,

sub-clans, sub-sub-clans, first lineage groups, and diya-paying groups. (JNA Cluster Report,

2006) However, Somalia traditional leaderships used to evolve the politics of the public

governance pre-colonial, colonial time and post-colonial period.

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3.2 PRE-COLONIAL SOMALI TRADITIONAL GOVERNANCE

Pre-state time pastoralists in the Northern had administration image without a central

government still existed even after central state collapsed. Also participated as traditional leaders

the establishments of the Somaliland and the Puntland and it indicates Somalis traditions of

federations, Barbora, the social structure of the northern pastoral Somalis characterized by little

social stratification and no centralized government. (Barbora, 2009)

Pre-colonial time, the Northeast regions of Somalia there was monarchy where are known the

Puntland State of Somalia recently period. The Northeast regions of Somalia Sultanate are the

highest institution that has a public trustee and handled the most of the social issues closely

collaborated with new institutions since then.

Somali people are divided Pastoralists and farmers; the shepherds were found in the central of

Somalia and Northern of Somalia while farmers found Southern part of Somalia. Somali

traditional governance used to have a branch of councils those used to solves disputes in the

north of Somalia known (Guurti or waxgarad) in Southern (Iqyaarta). The council of elders

consensually selected by the guurti in the North and aqiyaarta in the South (which also

participates in the deliberations and functions as a court), assumes the duties of monitoring and

enforcement. (Ibid)

These two branches of traditional Somali governance used to play significant role conflict

resolutions. They take up residence at the affected location until the conflict is solved, a

compromise found, or a follow-up meeting agreed on. Guurti/Aqiyaarta is considered the highest

traditional authority. (Ibid)

Traditional governance had used to have pre-colonial time deferent clan base bodies without a

central authority that united all Somali clan rulers, but there were different conflict managements

in both custom law and sharia law, embracing legal issues deriving from resource competition

over resources (either water or pasture), family affairs, criminal offenses and compensation

(dyia) payments. (Ibid)

Pre-colonial time each tribe had its particular clan customary law, but there were conventions

agreements between most tribes also that used to manage between tribes crimes and conflicts.

Customary law deeply intertwined with the family system in the sense that descent (tol) and

contract (heer) complement each other in one security-providing structure within Somali society.

Lewis, 1961 & Schlee, 1995)

Unlike tol where solidarity derives from agnatic statues in the lineage system, heer is a form of a

fair contract that ―enables agnates (and sometimes non-agnates) to unite in corporate political

groups sometimes irrespective of their genealogical proximity. (Lewis, 1961)

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Somalis used to have a customary law linked with Sharia law according to Samatar, Heer, along

with Islam and clan ideology regulates the behavior of a man not only towards his fellow

kinsmen but members of other tribes. (Samatar, 1991)

Every tribe used to have councils decided all political agendas concerned their family whether

other clan relations and a way to deal or intra-clan policies. These lineage group committees -

guurtis- have the right to declare war and to make peace. They also propose punishments for its

members and establish principles by which they as a social-political unit will collectively act

externally. (Barbora, 2007)

The councils used to divide in which way they are going to deal with another clan. They decide

the proportion in which they will receive compensation for external actions and amounts payable

in international disputes. In pre-state Somali society, the guurti councils were considered the

fundamental institution of government. (Lewis, 1961)

A structural feature of clan residence or aliens appears modern political system as a federation,

which no central power system united into one all Somalis. Regarding political authority, power

decentralized among and within clan families, clans, and sub-clans. (Barbora, 2007)

Pre-colonial period and traditional Somali governance had a similar system of authorities that

based on clanships which each one operates in particular territory whether one tribe or alliances

tribes. According to the World Bank report, each Somali clan or group of clans known to

inhabiting a particular geographic area within this field, each clan or group of clans have a social

structure with rules that govern their interaction and interaction with other Somali clans. (World

Bank, 2005)

For example, the Somalia Clan division of residence is the primary cause of the current tribe

based territory as well as mistrust between the clan. Before the colonial occupation, there was no

single policy or state-like configuration of society that would have united the nomads with agro-

pastoralists into one political entity. (Barbora, 200)

Somalis traditional leaderships and governances structures of pre-colonial time even took part

the current formation of Puntland and Somaliland authorities and resulted from the existences of

traditional leadership in the Northeast and Northwest of Somalia. The fragile environment of the

North gave rise to a particular form of kinship that can found nowhere else but in Northern

Somalia. (Ibid)

According to the World Bank report on March 28, 2005, the traditional Somali governance

system had its structures and hierarchy. In most parts of Somalia, clans have their separate

hereditary crown families called Duub.

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These families, who enjoy special privileges, have different nomenclature in different areas and

among the various tribes i.e. Reer Ugas, Boqor, Sultan, Imaam, Issin, Malaaq, Wabar, Garaad,

etc. The primary responsibilities and roles of these traditional leaders in the society are, in most

cases, similar. (World Bank, 2005)

3.3 COLONIAL IMPACT & IMPOSED WESTERN SYSTEM TO THE STRUCTURES

OF TRADITIONAL GOVERNANCE

Unfortunately, Somalis traditional governance in the pre-colonial period were the only

administration that existed in Somalia, but after the colonial came in Somalia discouraged

traditional leaderships instead to gave them advancement training, and some parts of Somalia

disappeared traditional leadership particularly the current lawless areas in the southern parts of

Somalia. Some of the Somalia people believed that traditional Somali leadership discouraging

consequence caused disorder in Somalia up to now. After most of the elders had become to be

loyal to the Colonial, they had lost public trust the particular case in the Italian colony, where

elders became clients of the colonial powers. (Danish Refugee Council, 2004)

some of the traditional Somali leaders became colonial loyalty for the sake of salary purposes

and had lost the community trustee.

Also, the colonial consequence caused that traditional Somali governance destroyed as a result of

imposed arbitrary boundaries that drawn to the economic interest of colonial powers with a total

disregard of traditional clan ties. (Barbora, 2007)

While some tribes territory divided into three different administrations, which restricted the clan

elder‘s movements and resulted in elders to lost accessibility to administrate their clan as

previous. The colonizing countries drew up boundary lines that mutilated kinship units into

bewildered fragments, and then colonial administrations attempted to turn their boundaries into

blockades, as happened at various times with various levels of success though the colonial

period. (Barbora, 2009)

The colonial consequence paralyzed traditional clans‘ leadership Somalis used to have separated

family administrations, according to Barbora, there was no central command. Before the colonial

occupation, there was no single polity or state-like configuration of society that would have

united the nomads with agro-pastoralists into one political entity. (Ibid)

According to Barbora, 2009, Somali state policies impact was rather threatening. The traditional

economic, social, legal and political arrangements were forced to adapt to new circumstances.

Relations among and within groups underwent significant changes during the colonial era, and

both during and after independence.

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The colonial approach that was appointing of Akils/Sultans had severe implications regarding

power balance since these were divided regarding loyalty, on the one hand to clans, on the other

to colonial state. (Barbora, 2009)

On the other hand, Somalia officers also did the same that colonial used to do the traditional

leadership.

However, Somalis used to have a structure of traditional governance, this was ignored, the

imposed western political system which was not favor to the traditional leaders that had

community trustee, on the other hand western style of governance did not compatible to the

Somalis who are more pastoralists and used to their own custom law, and this was the reason that

transplanting European-style states and forms of Westphalian international relations to non-

European peoples was not accessible anywhere in the world, but in Africa, the transplant has

largely failed. (Ibid)

There is no doubt that the Somali political failures brought by an external Western political

system which the community did not know and confronted Somali traditional system that used to

governance centuries for example Somalis ruled by traditional leaders with a customs law. And

modern government governed by the individuals close to the colonial those knew foreign

languages such English and Italian which the trusted traditional leaders was not familiar with

those languages. The explanation of nowadays political turmoil, some believe, and lies in a

combination of elements of African society with the impact of colonialism. (Barbora, 2007)

The colonial consequence was not only to destroyed the traditional governances but also create

more disputes based on land ownership and conflicts between tribes. After colonial appointed

and recruited some traditional leaders to be its representatives to the community by encouraging

using their opposite clan to the colonial power which is an almost colonial policy of divide and

rule. The role of traditional mechanisms also challenged because of the loss of status of some

elders and traditional leaders. (JNA Cluster Report, 2006)

And this eventually created to the Somali people to a lost trust of any leaderships worked with

the colonial in general whether traditional or modern leadership and that is why the most of the

Somalis have some sight to the colonial rule and previous Somalia governments. And as well as

anyone worked with the colonial Furthermore the appointed chiefs provided with a government

stipend competition created among clan elders to be appointed to this position. (Issa-Salwe,

1996)

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According to the World Bank report, Somali traditional governance structure designed as a

higher institutions system Somalia, where the colonial system that imposed to Somalia was

centralized which the public did aware of anything about it, and it was a portion of the Somali

state breakdown. The colonial powers have introduced an alien system of governance that did

not accommodate the centuries old traditional management structure (TGS) the Europeans have

introduced a governing system that was incompatible with the then existing TGS. (World Bank,

2005)

And this was the reason that in same time collapsed Somalia government leadership and

traditional leadership due to the colonial legacy particular south and central government of

Somalia since it designed as western style of governance. The establishment of colonial state

law, even though it was not in conflict with the traditional legal system, introduced a perception

of the superiority of the modern over traditional law system. (Compagnon, 1998)

As World Bank reported, the system of the west imposed to the Somalis was not Vitro Somali

traditional one that existed in centuries, and it is the primary factor that Somalis did not feel the

previous government own state much not written about the vibrant traditional governance of

Somalia. But the strength and dispensation of it altered by the introduction of an alien but

modern governance system by the colonial powers. (World Bank, 2005)

The collapsed traditional leadership due to colonial legacy and imposed centralized looks to the

public one man show. The chief political legacy of the colonial rule was a system of centralized

governance imposed on the already decentralized and egalitarian Somali society. (Ibid)

For a short period, the traditional governance structures disappeared after colonial destroyed and

imposed the incoherent western system. Somalia, similar to rest of Africa, was a place of

―loosely defined political systems: a world of societies rather than states and far more

recognizable to anthropology than to international relations. (Jackson, 1990) To consolidate the

realization of that fact and to undermine the legitimate traditional chiefs, the Italians created a

new set of paid chiefs loyal to their alien system. (World Bank, 2005)

After colonial impact had paralyzed Somali traditional governance, the community union

collective goal and the solidarity had lost. The stability of diya-paying groups weakened the

appointment of chiefs for each clan by the British colonial authorities to ease the running of their

administrations. (Issa-Salwe, 1996)

Colonial was empowering unpopular individuals in the Somali society those working with the

Colonials; Somalia governments also did the equivalent and traditional leader‘s value were

continuously decreasing. System vested, in a single person, the powers of assisting the

administration in maintaining law and order within the clan, enforcing government rules and

regulations, and bringing persons guilty of crimes within the clan to justice, which diminished

the bonds of contractual solidarity within the diya-paying group. (Lewis, 1996)

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Some Somali traditional leaders lost public confidence after colonial recruited to work with them

and Somali community or their clan assumed that they were not clan representatives.

Furthermore, because the appointed chiefs provided with a government stipend competition

created among clan elders to be appointed to this position. (Issa-Salwe, 1996)

The customs law and sharia law had lost values and replace the western code of conduct this was

also taking part the disappearance of traditional leadership as said by Barbora. A central

judiciary introduced that referred to colonial laws of British and Italian origin and only partly to

customary and Sharia laws. (Barbora, 2007)

Somali community had persuaded that the customary law is old fashion and inappropriate to use

modern time. The establishment of colonial state law, even though it was not in conflict with the

traditional legal system, introduced a perception of the superiority of the modern over traditional

law system (Compagnon: 1998).

The whole country started prevailed turmoil and everything changed, and the people did not

understand what was going. Accordingly, the colonial occupation and division of territory made

the country more prone to violence. (Barbora, 2007)

The Colonial were competing for the power and captured different Areas of the Somalia in the

same time the community movement and integration had stopped. Whatever the differences in

exercising powers, both colonial systems were disruptive and disconcerted indigenous societies.

(Ibid)

The dramatical division of the society had increased some tribal conflicts raised after allied

groups or tribes with the colonial supported. Colonialism influenced the Somali society

regarding reinforcing and creating clan division. (Ibid) That had caused the traditional rule and

law to lose as well as stability had lost and it seems madness. As a result, conventional political

systems were seriously affected by these impositions. (Barbora, 2007)

In that stage of disturbance, the community had the ambition to fight against colonial but did not

have a common goal and central command this also increased the turmoil. According to Barbora,

regarding an idea of the state, the colonial heritage established a pattern of rising Somali political

nationalism, this, however, did not necessarily reduce social fragmentation within Somali

society. (Barbora, 2009)

The obvious colonial agenda that imposed to Somalia had created prevailed disputes and

conflicts to the whole country same like other Africa. Following the partitioning of the continent,

the imposition of the Westphalia state system laid the foundation for conflicts. (Ibid)

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The progressed political instability during the colonial also existed post-colonial, and the public

had lost the confidence of Western governance system, and current leadership since traditional

leadership hadn‘t spaced, and the government seems as foreign.

3.4 POST-COLONIAL IMPACT OF IMPOSED WESTERN STYLE OF GOVERNANCE

As a result, traditional political systems were severely affected by these impositions of both

colonial and Somalia governments. Regarding an idea of the state, the colonial heritage

established a pattern of rising Somali political nationalism. (Barbora, 2007)

Rather than consolidating the empirical reality of a modern bureaucratic state, the trend since

decolonization has been towards highly personalized, kleptocratic, a neo-patrimonial regime with

no interest in developing the country as such, or even outright warlordism. (Reno, 1998)

The western governance system that imposed to the Somalia was not one fulfilled Somalis

governance needs and never gained public trusts since traditional leaderships used to cover, the

particular rural area that ruled traditional leaders forever, as World Bank report indicates here.

The political legacy of the colonial rule was to earmark the traditional governance structure

(TGS) as an old management system devoid of the necessary mechanisms needed in Urban

Somalia. After the western style of management adopted in Somalia 1960 had necessitated the

small group of Somalis that used to work with the colonial those used to speak foreign languages

to become political leadership in Somalia and usurped public leadership from traditional Somali

leadership that had public confidence.

The colonial and previous Somalia governments both believed discouraged Somali traditional

leadership and managements and hadn't seen any rule that given space the community to

participate their future policy while the Somali community had used to see a person from central

authority imposing to the power hardship orders. As a consequence, political instability is ―the

society‘s normative characteristic. (Laitin & Samatar, 1987)

That is why Somalia government was more similarly with the colonial to the known features of

political features resulted that Somalia government to lose public ownership which contributed

the collapse of the government since no one care about it. Somali government soon after started

same like colonial rule the public didn‘t have political participation traditional leaders hadn't a

member of the government. In this regard, lineage segmentation inherently militates against the

evolution and endurance of a stable, centralized state. (Barbora, 2007) Somali community did

never feel dominion rule and won freedom because political involvement didn‘t right truck to the

public the working language was foreign, and the employment requirement was to speak foreign

languages.

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As Laitin and Samatar observe even though the modern state would be able to exercise power

through a centralized authority, most Somalis would continue to give greater political and

emotional loyalty to their lineages. (Laitin & Samatar, 1987)

3.5 CIVIL ADMINISTRATION

Even though the nine years of the civil governments there was a relatively stable political

condition of democracy and political parties system, which the people had political participation;

even though the voting based on clan because of parties were formed tribalism. On the other

hand, there were corruption, and the community was feeling and complaining colonial

characteristics of governance, but became when General Siad Bare coup to power military rule

the intellectual people realized the civil government was better.

Somalia used to call Italian Somaliland, and British Somaliland 1956 both two parts name

renamed the Republic of Somalia. Renamed Somalia six years later, the country was granted

internal autonomy subsequently held its first election, won by the Somali Youth League. In July

1960, both British and Italian Somalia had given independence Republic of Somalia. (Laitin &

Samatar, 1987)

After independent, the first president elected from SYL Aden Abdullah Osman and his first

prime minister was Abdirashid Ali Shermarke the second pre minister also was Abdirizak Haji

Hussein in 1964. Aden Abdullahi Osman Daar became the first President and his Prime Minister

Abdurashid Ali Shermarke, Shown on the right, with the Somalian President Aden Abdullah

Osman Daar in 1967 defeated in by his former Prime Minister Abdirashid Ali Shermarke. (Laitin

& Samatar, 1987)

According to this Somalia disputes conflict and chaos begun after Coup of the Mohamed Siad.

On 15 October 1969, President Shermarke assassinated by a member of his police force. The

Somali capital Mogadishu, December 1969 since then, Somalia has experienced almost continual

conflict and insecurity. (Ibid)

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3.6 MILITARY REGIME

Somali people had lost the hope of political participation, after the Military commander took the

power with gun control and had forgotten the little hope of democracy and public political

participation. When in 1969, General Mohammed Siad Barre seized power in a military coup and

renamed the country the Somalia Democratic Republic, based on Scientific Socialism. (Laitin &

Samatar, 1987)

Political confusion had started the power accumulated few individuals without concern for the

public. The community had lost the hope, and the Politician had begun coup ambitious particular

inside military profoundly. The initial stage of Siad Barre rule may describe as a period

characterized by a concentration of problems such as local development and the consolidation of

the regime's‟ authority. (Lewis, 2005)

Immediately Somalia foreign policy changed navigation direction to the Socialism and the Soviet

Union alliance. According to the Makhubela, this aligned the country with the Soviet Union in

the Cold War. (Makhubela, 2010)

The military regime had lost public confidence particular scholars, and the regime started to

arrest them without legal jurisdictions, the most researchers divided to escape outside of the

country or to in Jail. Political exclusion of other clans and a crackdown on the religious

establishment soon became a source of conflict between the regime and those excluded from the

mainstream politics, economics and social spheres of the country. (Ibid)

The Regime had started to nationalize private properties on same time and other the economic

aspects of the country became unstable since the country had lost foreign investment

opportunities. When Siad Barre assumed power in 1969, he declared that his Scientific Socialism

was fully compatible with the Somali Islamic value system even though his deeds soon proved

the opposite. (Lewis, 2005)

Religious and Scholars begin to oppose the regime policy, and the administration had taken an

action of the colonial policy of divide rule, the religious groups were divided into sects even

though some of them had extremists ideology. Somalis are firmly attached to Islam and

traditionally divided into three main denominations: the Qadiriya, the Ahmadiya, and an

Ahmadiya derivative, the Salihiya. These are the Sufi or mystical brotherhoods found throughout

the Muslim world, the Qadiriya being the oldest and least puritanical. (Ibid)

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The regime announced a decision based on socialists ideology and confronted Islamic principles.

Wahhabi and other Islamic sects with Saudi Arabian, connections, and resources, began to

compete for followers among the Somalis who had suffered from the consequences of the civil

war in the 1990s. (Ibid)

Famous religious scholars rejected and the government sentenced death, the public apprising the

newly sect of Wahabism used an advantage of gaining fun raising from Arabian Millionaires as

well as followers from Somali community, Wahabism is a cult from Saudi Arabia that was

followed Al-Etihad and Al-Shabab those violence distinguished from the other sects of Muslims.

Wahhabism cannot, therefore, attribute to the Somali Islamic value system. The despite the

infrastructural capacity of formations aligned with Wahhabism, such as the Al-Ittihad al–Islam

organization, to influence the body politics of Somalis. (Makhubela, 2010)

Wahabism movement that begun at the time had gotten excellent opportunity to gain followers

1991 after the government collapsed by recruiting to the young generation large charities they

received from Arab Countries particular Saudi Arabia. The fall of the Somali state in 1991

created conducive conditions for Islamist forces to emerge and compete for the center of the

political dynamics in Somalia. (Tadesse, 2000)

The situation was doubling frustrated the public had lost future hope no one knew who is wrong

who is right. He took measures that led to the radical regimentation and militarization of the

Somali society and the imposition of secularism. (Bradbury, 1994)

The Somalia community became desperate for the hope of once returning law and order to

Somalia again; no one was recommending right policy but further increased dizziness and

helplessness. The voluntarily observed rules that have served the Somali society so well for so

long were unfortunately compromised by the authoritarian military regime of Somalia from 1969

– 1990. (Makhubela, 2010)

The traditional leaders survived from colonial devastation as well as Somalia government that

decreased their values after some of them recruited to work with the administration and some

tribes had been initiated to elect another clan chief or sultanate. Rather than respecting the

inherited traditional leadership with local legitimacy. The authoritarian military regime chose to

appoint loyal chieftains who responded to the interests of the administration. (Makhubela, 2010)

Further tribal conflicts had begun that didn‘t exist before, and clan disintegration had increased,

and traditional councils of the family disputes resolution paralyzed. The further exacerbated to

some extent by the ensuing civil war. (Ibid)

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What so ever angle of the situation became worst the traditional rule of law had replaced and the

public had no one to trust and lessen. Some parts of Somalia, the traditional leaders had lost

respect and could not wield any moral or political authority within their clans. (Ibid)

It was forced to follow the regime. Otherwise, you will lose the dignity freedom to live; some of

the traditional leaders were pushed aside by the present armed warlords who exercise authority

by the barrel of the gun. (Makhubela, 2010)

The regime had begun a war revolution to divert public attention and planned 1977 Ogadenia

war became a further confused situation which its purpose was only inside politics diversion,

because of both Somalia. and Ethiopia was the Soviet ally and the Soviet already told to not go a

war to Ethiopia which consequence was apparent as happened, at last, When Ethiopia and the

infusions of Soviet arms and Cuban troops supported to Ethiopia, Somali forces pushed out of all

territory occupied.

3.7 OGADENIA WAR IN 1977

The Ogadenia war in 1977, the Military Regime mobilized to the great public Somalia but didn't

base on facts, for example, Djibouti had gotten its separate independent at that time. Somalia

Economic destroyed hundred thousand of civilian immigrated and regime immediately lost

Soviet Union alliance and small army‘s handover to the Civilians.

After Siad Barre launched the Ogaden War as a means of reasserting his political grip, while

exploiting the Somalis‟ desire to achieve the ideal of a greater Somalia, which encompasses

Djibouti, Ogaden, Somaliland, the NFD of Kenya, and Southern Somalia. The desire to reunite

the country on this basis was a common denominator among the Somalis. (Makhubela, 2010)

After so many lives, political and economic lost; Somalia faced the worst damage and quickly

was defeated because the purpose of the war was an internal political diversion. The turning

point against Siad Barre‟s military regime was the defeat in the Ogaden War in 1978. (Ibid)

The civilians and politicians started to be oppositions to the Regime suddenly. It led to a national

introspection about the high number of casualties and the resulted in increase questions about the

legitimacy of the Barre regime. (Rutherford, 2008) Immediately when Somalia has defeated

again it was beginning of the all worst cases of the state collapse; it was beginning of Rebels, and

armed conflicts inside Somalia had started it was beginning of way wrong direction.

Attempts of another military coup had begun after 1977 war was defeated Somalia, and rebel

formation and intra-conflicts arise. There were naturally bitter recriminations, both regarding the

conduct of the army operations, directed at the end by the President himself and on Somali

foreign policy. (Lewis, 2005)

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It was the beginning of the one of the worst situation in Somalia that combined problems started

from the colonial time since Somalis had lost the traditional rule as well as modern; it was

rebelling zing, and civil war and failure of the state the compounded the after effects of the war

on the Barre regime. (Makhubela, 2010)

3.8 SOMALI REBEL GROUPS

The result of the when Somalia troops defeated by the Ethiopia and its allied, various opposition

movements appeared. A group of dissatisfied army officers from Majerteen clan led by Colonel

Muhammad Shaykh Osman attempted to overthrow Siyad Barre regime. The coup failed, and

seventeen alleged insurgents were executed. (Barbora, 2009)

On April 12, 1978, after the military coup failed, after, Colonel Abdullahi Yusuf Ahmed was the

only active member that had escaped established first Somalia armed rebel group.

And immediately the regime had taken collateral action animosity revenge against Majerten tribe

for the reason of military officer coup attempted members from Majerten. The coup attempt also

alienated the Majerten group from other clans who regarded the abortive coup as a small,

parochial initiative. (Lewis, 2005)

According to Barbora, 2009, the Red Berets (Duub Cas), systematically smashed the small tanks

in the area around Galcaio so as to deny access to water resources to the Umar Mahamuud

Majeerteen sublineages and their herds. In May and June 1979, more than 2,000 died of thirst in

the waterless area northeast of Galcaio, Garoowe, and Jerriiban. Additionally, the clan lost an

estimated 50,000 camels, 10,000 cattle, and 100,000 sheep and goats. (Rinehart, 1982)

Moreover, in Galcaio, members of the Victory Pioneers, the urban militia notorious for

harassing, raped large numbers of Majeerteen women. (Barbora, 2009)

The Regime revenge action against Majerten tribe entangled the situation. According to

Makhubela, Regime responded to the Majerten abortive coup with a heavy-handed military

campaign, focussing on the north–eastern corner of the Somali peninsula in the Mudug, Nugaal,

and Bari regions. (Makhubela, 2010)

The government was oppressing and murdering the civilians without reason except being

Majerten and assumed that government‘s threat was targeting as the whole. According to the

Africa Watch Committee, "Both the urban population and nomads living in the countryside were

subjected to summary killings, arbitrary arrest, detention in squalid conditions, torture, rape,

crippling constraints on freedom of movement and expression and a pattern of psychological

intimidation. (Ukessays, 2015)

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The regime animosity revenge on Majerten clan exacerbated the situation and immediately

benefited the survivor officers from the failed coup mobilized rebel fighter and formed first

armed opposition of SSDF that based in Ethiopia. SSDF became strongest armed opposition and

began a confrontation with Somali military regime with Derge Military and had captured two

Somali districts. The military campaign against the Majerten became a political liability against

the military regime at a later stage. (Ukessays, 2015)

Those two districts caused to be arrested Abdullahi Yusuf after he refused from Derge‘s

ambition of these two districts of Somalia are part of Ethiopia. According to Makhubela,

Abdillahi Yussuf Ahmed then formed the Somali Salvation Democratic Front (SSDF) in 1978.

The SSDF collapsed in 1986 when Abdullahi Yussuf Ahmed arrested by the Mengistu Haile

Mariam government that was then seeking rapprochement with Siad Barre. (Ibid)

After Colonel Abdullahi Yusuf had captured the rebels, armed forces destroyed and political part

reformed in Roma that leads by Muse Islan Farah. The SSDF subsequently reconstituted as a

political entity in 1989 in Rome. (Bradbury, 1994)

The tension was still upset deteriorated and formed another new armed opposition rebel of Isaq

clan in the Northern part of Somalia Such Hargaysa Burao and Berbera. According to

Makhubela, the Issaq clan, under the Somali National Movement (SNM), had gained widespread

support in the northern part of the country (Somaliland) and was engaged in an armed rebellion.

(Makhubela, 2010)

The hope had lost again when Hawiye clan resided Mogadishu and central of Somalia also had

begun another opposition armed rebel. The regime then confronted an array of military rebellions

across the family divide with the Hawiye group taking center stage in the war against the Siad

Barre regime. (Ibid)

The situation was becoming worst day after day the Somali community movement and

integration had stopped, and mid-day army confrontation had occurred in the Capital city of

Mogadishu. The ensuing inter-clan violence, however, threatened Siad Barre‟s position further

and in desperation, he finally turned his massive war machinery on the Hawiye quarters of

Mogadishu. (Lewis, 2005)

The public had gotten desperation and chaos, and people didn‘t know what to do, but the

problem was not the one begin at the time it was familiar with the Somalis last hundred year

since colonial came to Somalia. Turning Mogadishu into another military front, he overstretched

the military capability to contain the violence that was already spiraling out of control.

(Makhubela, 2010)

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The desperation and the chaos of Somalia had increased the public didn‘t get any Neighbors

solidarity save and way out of the problem. According to Makhubela, Hawiye–based military

force, the United Somali Congress (USC) led by Mohammed Ward highly, who initially sought a

peaceful solution to the conflict. (Ibid)

Somalia mess was similar to a Madman closed a door to his family and fired the house, and no

one is going to save the family. He died in June 1990 and replaced by General Mohammed Farah

Aidid, a Habr Gedir Saad. (Bradbury, 1994)

All Somalia government institutions collapsed, the Banks were empty and small armies, and

heavy weapons ended hands of the civilians, and new civil war erupted in different parts of the

country. The death happens daily aimlessly, and inter-clan conflict death was more than intra-

clan death.

3.9 AFTER 1991 COLLAPSE OF THE GOVERNMENT

The collapse of Somalia central government probably circulated in 1991 and the Somalia society

integration had stopped, the hope had lost at all. Also, no functional government controlled the

country wholly since 1987. The fall of a government does not necessarily signal the collapse of a

state in democratic societies. (Makhubela, 2010)

The president and the civilian fled together, and everyone went his origin place. The public

regrouping where their source clan resided the issues forced but didn‘t plan. The chaos equalized

the rich people and the have-nots and high government officials and the civilians. When Siad

Barre seized power in a military coup in 1969, the Somali state was nine years into its formation

with apparent structural weaknesses. (Ibid)

A most Somalia peace reconciliations held outside of Somalia failed for two main reasons:

A) Somalia peace conferences held outside of Somalia all most all addressed a formation of a

government without genuinely resolved a dispute between the clans while there were in Somalia

highly mistrusted between tribes.

B) Somalia people have had a mindset of centralism system that used to manipulate the power

and resources a few of individuals that may be a clan-based group and that created to the

Somalia people to have a fear any system characterized the previous Somalia governments.

The is also another reason caused to fail Somalia peace process due to lack of standard strategy

plan of government establishment of warlords and political functions and as well as a lack of

long-term policy of political leadership of Somalia except for tribe based approach.

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Like this problem may happen but traditional councils of disputes management and conflicts

resolutions destroyed by colonial rule and its legacy no one is listening traditional elders

particular in the southern part of the country.

The military government destroyed even the original structures of a functioning state such as the

legislature, judiciary, and the civil service. (Makhubela, 2010)

Many people believe the collapse of the government in 1991 caused the collapse of cultural and

traditional leadership because the ambition of the oppositions seems regime change, but it didn‘t.

Therefore, the fall of the Somali state was not a chance event, but a process, which began at the

time of independence in 1960. Thus, it can indicate that the state‘s collapse was triggered when

the Siad Barre government fell in 1991. (Ibid)

The intellectual sense wasn't able to work look at the rebels armed opposition didn‘t have a

strategic plan to rule the country they were eventually shooting the bullets and killing because

the sense of the people had lost.

According to Makhubela, May 2010, when the Somali state collapsed in 1991, there was no

formidable political formation capable of filling the vacuum left by the weak government of Siad

Barre.

The country and the people faced chaos stage, and no one could save anything because nobody

was listening to him/her. The colonial legacy consequence revolution reached the chaos reached

a stage two brothers divided into two groups opposing each other and at last one of them killed

the other one such happen Garowe in 1992 Al-Etihad and SSDF war.

According to Makhubela, May 2010, the absence of a political formation capable of channeling

the anger of the Somalis to change the divisive legacy of the Siad Barre regime constructively

was another factor in Somalia‟s protracted civil war.

The youth or all human values were nothing the young generation was pretending as they were

acting a film like they used to watch, and they were performing live films to the civilians the qat-

chewing young gangsters, whose exact role model, were Rambo. (Lewis, 2005)

The situation reached an unexpected stage the people couldn‘t classify the opposing of the

regime and destroy of the governance. Warlords, who had much to gain from their activities, had

gained prominence by exploiting the inter-clan animosities. (Makhubela, 2010)

The Somalia society had faced plagues economic failure, traditional leadership and cultural

governances at the same time there was organized group Wahabi funded by Saudi Arabia

Kidnapped other Muslim religious groups and assigned themselves Muslim preachers. But

teachers extremism and terrorism; it was 1992 when SSDF led by Colonel Abdullahi Yusuf

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confronted war to Al-Etihad North East Regions and defeated militarily. After Al-Etihad had

defeated, they started to integrate with the society systematically again changed to militarily the

current Al-Shabab. Ahmed Abdillahi Yusuf, against Al-Ittihad fundamentalists in Bossaso and

eventually defeated them. Al- Ittihad‟s defeat is viewed by. (Lewis, 2005)

Since the colonial period, Somalia community didn‘t have a good sight about the current

administrations in Somalia, after those authorities neglected the responsibility of the most social

issues which handled by traditional Somali elders. Whether it is tribe level or individual level

and this was the reason that the public had lost the confidence to the authorities.

Somali traditional elders and leadership were the highest institutions that handled all most all

social issues whether it is the disputes settlements or law and order in Somalia society. As the

supportive argument, Somali traditional elders‘ leadership had played a great role the

establishments of the Somaliland and the Puntland. Both the peace-building and stability exist in

the Northern part of Somalia such like Puntland and Somaliland necessitated the existence of the

traditional leadership, which indicates the importance of traditional Somali leadership for both

Somalia state-building and peacebuilding.

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CHAPTER FOUR

4.0 FEDERALISM: STATE-BUILDING & PEACE-BUILDING BY POWER SHARING &

DEMOCRATIZATION

4.1 BACKGROUND

As explained in Chapter three for Somalia disputes and Clan fragmented territories are major

causes of the Somalia problems which resulting from colonial impacts and previous Somalia

governments, after Somalia residences featured different Clan base location. Somalia various

groups to adopted 2004 a federal political system as a solution to the Somalia people chronic

problems and could accommodate a solution to the public to trust each other and contribute

Somali state-building.

Since central government collapsed in 1991 the of the centralism, there was an increasing,

public attention concerned to avoiding the power to be one clan hand holding and proved the

power to be decentralized. The first two international reconciliation agreements aimed at re-

establishing a Somali government took place in Djibouti in June and July 1991. These

participated six different groups that represented some of Somalia clan, even there was no

discussing to decentralize Somalia.

The continuous Somalia peace process held by the international community and regional states

to rebuild Somali state on centralism system, unfortunately, most of them failed and incited

further conflicts. Such as Ali Mahdi and General Aidid conflict that arose after Ali Mahdi elected

president in Djibouti peace conference in 1991 that General Aidid rejected and confronted a

War. The agreement endorsing Ali Mahdi as president, and a bloody civil war in Mogadishu and

the south ensued. (Amisom-au.org/about-Somalia)

There were also blocks peace conferences inside Somalia those held by Somalis those mostly

succeeded even though majority held Northeast and Northwest of Somalia such as Borama

Burco peace conference that formed Somaliland and Garowe peace conference built Puntland.

There was another peace agreement between Colonel Abdulahi Yusuf Ahmed and General Aidid

that solved Galkacyo dispute in 1993. One such example was the June 1993 Mudug peace deal

between General Aideed and the SSDF, which established a ceasefire and opened trade routes.

(Bradbury, 2008)

However, this revival happened in various ways from region to region and within different

historical trajectories, hence leading to variations in prominence and structure of the traditional

authorities as well as the placement of the formal political structures. Which they contributed to

the initiation of hence traditional leaders formed the basis for the establishment of Somaliland in

1991 and Puntland in 1998. (Gundel, 2006)

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The Somalia fragmented cleavage and Clan based blocks made necessary the adoption of

federalism be both building state and people‘s state ownership in Somalia. Puntland and

Somaliland bottom-up formation could be the role model for Somali state-building.

4.2 CONFERENCES PEACE PROCESS 1991-2000

Since the central government collapsed in 1991, there were two pieces of Somalia peace building

proposals one hosted by regional countries as well as international community and the other one

involved in the traditional Somali leadership. By peacebuilding and established Clan block

administrations, For example, some forms of local governance emerged from locally organized

reconciliation meetings that reduced levels of violence and fostered a degree of peaceful co-

existence between communities. (Bradbury, 2008)

While the outside held Somalia peace conferences from in July 1991 Djibouti, used to be a lack

of comprehensive representation and lack of control over the militias by the delegates guaranteed

that the accord reached could not be implemented. (Menkhau, 2009)

The international community peace efforts had appeared a lot and ended only without success,

but the local peace initiatives were successful almost even though Somali traditional peace

process limited particular areas such as the Somaliland and the Puntland State of Somalia. There

is a high degree of consent has established between the public and the authorities through

consultative peace-building processes. (Bradbury, 2008)

However the international diplomacy has focused a lot of peace-building to re-establishing a

Somalia state again which yet not achieved, there have been numerous efforts involved by

Somalis themselves to end violent conflicts and re-establish local security and systems of

governance. (Bradbury, 2008)

The most of Somalia peace reconciliation conference held by outside of Somalia has fueled

further violence and re-created new opposition. Most of the dozen or more national

reconciliation conferences convened on Somalia since 1991 have privileged the brokering of a

power-sharing agreement with a transitional central government and Shiekh Sharif group over

actual conflict resolution. (Menkhaus, 2009)

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4.2.1 1993 IN ADDIS ABABA

The regional states and international community efforts for the Somalia conflict settlements

continuously held in different place, in 1993 there was peace reconciliation held in Addis Ababa

Ethiopia. Even though there was no implementation of the agreement between Somalis due to

fear of them and power competition based on land occupation, like the one was defeated General

Aidid by the Abdillahi Yussuf Ahmed forces in Dagari of Mudug region which was part of the

dispute was over the fertile grazing land in Mudug region. Significantly, the SSDF victory over

General Aidid was a turning point for the party‘s participation in the Addis Ababa Conference.

(Lewis, 2005)

As mention before most of the Somali peace process and agreements amongst the groups failed

due to some warlords Land expanding ambition and power competitions even though each of the

conferences benefited new ideas and technique that contributed for the next future peace

conferences.

According to Makhubela, the Addis Ababa agreement reaffirmed the January 1993 agreement on

cease–fire and disarmament and reached a deal on the formation of transitional mechanisms for

the restoration of political and administrative structures.

In particular, it agreed to the establishment of:

A Transitional National Council (TNC),

Central Administrative Departments, to re–establish civil administration,

Regional Councils in eighteen regions of the country,

The 1993 Somali peace process conference in Ethiopia agree on each the district's policies since

a Somali central authority could never run all Somalia due to Clan fragmented District Councils

in all areas of the country. (Ibid)

However the most peace process conference agreements not implemented, on the other hand, all

meeting was gained a new knowledge of the obstructions that destroyed the previous and to

avoid the later meeting.

In March 1993, fifteen parties to the Somali Civil War signed two agreements for national

reconciliation and disarmament: an agreement to hold an Informal Preparatory Meeting on

National Reconciliation, followed by the 1993 Addis Ababa Agreement made at the Conference

on National Reconciliation. Fighting continued, however, and the agreement later fell apart.

(Amisom-au.org/about-Somalia)

4.2.2 1997 IN SODARE

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Again another peace conference held in Addis Ababa 1996 November up to 1997 January that

ended without any agreement after Hussein Aidid refused who had allied with some Arab

countries such Egypt.

From November 1996 to January 1997, a conference on national reconciliation held in Sodere,

Ethiopia. It created a 41-member National Salvation Council (NSC) charged with the

responsibility of organizing a transitional government. The conference was, however, boycotted

by Hussein Farrah Aidid, (now leader of his father‘s faction following Gen. Aidid‘s death) and

by the government of Somaliland. (Ibid)

Example the Sodare peace conferences adopted the formula of Somali clan power sharing of 4.5

that applied Arta Conference 2000 which up to now Somali clan power sharing based on that

means Sodare peace process not failed in 1996-1997.

According to Buzanski, the primary method of conflict management between the Somali clans is

the so-called 4.5 Clan Power-Sharing Formula (formally first defined during a national

reconciliation conference in 1996–97). The 4.5 refers to the four major Somali clans

(Rahanweyn, Dir, Hawiye, and Darood) and the additional 0.5 refers to space allocated for

minorities. (Buzanski, 2015)

4.2.3 1997 IN CAIRO

The suspicion of the Hussein Aidid that had allied with Egypt became known the Cairo meeting

begun that also ended without agreement after Colonel Abdullahi Yusuf Ahmed, and General

Aden Gabiyow refused and accused Egypt government allied with Hussein and his group, and

Egypt role was not meditating, but they were dictating hidden agendas.

A fourth reconciliation meeting in Cairo, Egypt, in December 1997 saw 28 signatories to the

ensuing agreement, including both Ali Mahdi and Hussein Farrah Aidid. The ―Cairo

Declaration‖ provided for a 13-person Council of Presidents, a prime minister, and a national

assembly but left the country without a national leader. (Amisom-au.org/about-Somalia)

Since 2000 Arta Somali peace reconciliation it seems the international community understood

the causes that always failed Somali peace agreements and made continuous process, but

Somalis have nothing knew the problems causes failures because every peace settlement parted

new group TNG opposed Somaliland-Puntland and SRRC groups while Mbagathi opposed Islam

courts union.

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4.2.4 TRANSITIONAL NATIONAL GOVERNMENT ARTA 2000

Arta 2000 peace process appeared first influential more than the previous conference of the

Somalia groups: due to several factors.

First, the media was transmitting from civil society a peace program as well as different

programs and news about Arta Peace conference to the Somalia people.

Second, it was first Somali peace conference that traditional leaders and civil society

participated since the previous meeting excluded which indicates the lately recognition of

the important role of Somali traditional leaders to the Somalia peace reconciliations.

Third Somali Poetries Artists had sing songs that indicates the useful of peace and order,

IGAD member state, and Arab League states attended together those often varies on

Somalia issues.

However Somalia peace process of Arta 2000 seems was more involved and participated then the

previous also it had failed, after the president of Djibouti Ismael Omar Gelle dominated the

process of the meeting by misleading the previous agenda that agreed on Sodare Somalia peace

conference in 1997 as complained a most Somalia powerful political functions rejected and to be

part of Arta peace processes like south and central warlords.

Also after the President Gelle extended his position of the process dictating role caused Puntland

delegations lead by vice president Mohamed Abdi Hashi to leave Arta peace conference.

According to Makhuela, (2010) the mediator works with the disputants to test hypotheses about

the sources of the conflict. The crux of the Somali conflict is all about political power and

addressing the political power relations and requires a systematic approach to ensure the positive

outcomes of the process.

The purpose of Arta 2000 in Djibouti of Somalia peace process was to establish reconciliation

government to Somalia that started from the previous Somalia peace conferences which

collaborated by Somalia different groups, IGAD countries and international community.

Even though Puntland Delegation had leave Arta peace conference, the meeting was keep going

Djibouti government had contacted some Elders civil society and traditional leaders from

Puntland. The delegation of traditional chiefs from Puntland arrived in the conference hall while

the opening ceremony was in progress to a warm welcome by all those present. (Ibid)

According to Bradbury, (2008) the Puntland delegation was led by the Puntland Vice President,

Mohamed Abdi Hashi, as part of the Puntland government‘s strategy to try to ensure a coherent

approach rather than ad hoc representation by individual figures or opposition members.

However, they subsequently withdrew from the process and returned to Garowe. The Arta

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conference had being built Transitional National Government while Puntland administration

declared the participants of Arta meeting not represented Puntland.

Accordingly, the elders nominated 180 delegates (including 20 women) from each of the four

major clans (Darood, Hawiye, Rahanweyn, and Dir) and 90 delegates from the conglomerate of

minority groups (including ten women) as representatives in the political phase of the

conference. (Ibid)

Somali delegates attended the meeting determined Somali clan power sharing of 4.5 formulas.

Consequently, 44 seats were set up and allocated to the main clans (the Hawiye, Darod, Digil,

Mirifle and Dir Clans). (Makhubela, 2010)

Some Somalia groups had believed and have an intervention that the President Gelle lack of

neutrality and domination became indictment after 20 extra Parliament seat distributed without

any criteria president Gelle to some particular Tribe. According to Makhubela, (2010) the

mediator of the Arta peace process and President of Djibouti had powers beyond that of a

mediator such as the authority to hand pick twenty members to the TNA without clearly defined

criteria agreed upon by all role-players in the peace process.

Finally was announced the total of 245 and the names of the Somali parliament by what so ever

criteria selected. According to Bradbury, the new Transitional National Assembly (TNA)

comprising 245 MPs was inaugurated on 13 August 2000 and, in keeping with tradition, elected

the eldest MP, Mohamed Abshir Muse, as the interim speaker. The TNA endorsed the

parliamentary procedures (by-laws) on 19 August and elected the parliamentary speaker, Abdalla

Deerow Isaaq, and his three deputies on 20 August. (Bradbury, 2008)

President Gelle‘s domination of the Arta Somalia peace process was one of the leading causes a

failure of the purpose to achieve the conference goals in Djibouti 2000, which could be good

opportunity Somalis to agree on each other if it managed and mediated neutrally.

The second session, the Parliament elected presidents Abdiqasim Salad Hassan. Of the 29

candidates who registered their candidacy, only 16 fulfilled the criteria set for the post. Three

rounds of voting followed and on 25 August 2000, the Transitional National Assembly elected

Abdiqassim Salad Hassan as the president of the Somali Republic for a 3-year transitional

period. (Ibid)

The following meeting and continuing conferences of the Somalia peace process even if the

peace agreement not implemented each process was problem studies Arta conferences decided

top down state-building administrations after Arta policy also failed Kenya peace process

adopted federalism and bottom up government. According to Makhubela, the top-down process

of state-building taken by the Arta process flawed given that Somali society has historically

enjoyed a decentralized form of government- based power sharing by clans. (Makhubela, 2010)

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After Somali, central government collapsed in 1991 Arta peace conference adopted clan power

sharing of president and pre-minister. The president appointed Ali Khalif as Prime Minister of

the Transitional National Government (TNG) on 8 October 2000. The cabinet endorsed by the

parliament in November 2000. (Bradbury, 2008)

Most of the Somali groups believed a doubt of that Mogadishu hospitable the government and

decided Baidabo be a temporary capital city. Since Mogadishu to settled, unfortunately,

President Abdiqasim seat on Mogadishu Guest House without legal consultation of the

Parliament and council of minister since he from Mogadishu. The original plan at the Arta

conference had been to relocate the TNG to Baidoa as an interim seat of government until

security restored in Mogadishu and its unique status had established. However, this did not

honor. The president‘s warm reception in Mogadishu encouraged the leadership to relocate

immediately to the capital Mogadishu rather than Baidoa. (Bradbury, 2008)

However, President Abdiqasim from the clan resided Mogadishu enable to re-open and to work

Villa Somalia. The meeting established the Somali Restoration and Reconciliation Council

(SRRC) with the objective of opposing the TNG militarily, as well as creating political confusion

in the international donor community. (Ibid)

The most challenge that President Abdiqasim faced in Mogadishu from the member of warlords

from his clan Abdiqasim enable to administer Mogadishu international airport and sea port as

well as Radio Mogadishu. The establishment of the Transitional National Government (TNG)

with Abdulqasim Salat Hassan (Hawiye) as president was perhaps another compromise to

manage and appease the Hawiye opposition to the process outcomes. (Makhubela, 2010)

The public had lost expectation hope of Transitional National government and warlords assessed

the ability of the president Abdiqasim. The warlords began to unite against TNG and formed

SRRC in Hawasa. As a result of the activities of the SRRC, the TNG was unable to secure

Mogadishu, re-open the seaport and airport, and establish a working relationship with either the

faction leaders or Ethiopia, or convince the international community to inject the badly needed

financial support. (Bradbury, 2008)

Arta 2000 Somalia peace conference was the first step of Islamists political platform in Somalia

by a secret collaboration of President Gelle and Islamists, those were not part of previous

political process those had seen powerful political functions which were absent in Arta 2000

peace conference which leads to failure TNG government.

After opposition had created SRRC, Transitional National Government had lost by public

confidence more than 24 power members including Puntland united SRRC with IGAD and other

international community announced Eldoret Somali peace conference in 2002.

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However, Transitional National Government of Arta 2000 didn‘t become a functional state it was

a good start to Eldoret and Embaghati peace process of 2002- 2004 that established the current

federal government which became more sustain than the previously established governments due

to the lesson learned the previous failures.

For these all failures have happened lack of exclusiveness as well as lack of ownership of all

important parts for Somalia state-building that from different groups of Somalia, which would

contribute a lot for Somalia state-building as well as people to feel state ownership and it is the

reason that initiated the adoption of Somalia federal political system.

4.2.2 TRANSITIONAL FEDERAL GOVERNMENT FORMED IN ELDORET AND

EMBAGATHI

The Embaghati 2004 Somalia peace process delegates agreed on Somalia government system to

be federal political system that more featured Somalis resided based on clan territory. After

powerful political functions as well as Somalia delegates considered federalism is a suitable

political system for Somalia, which enables to ensure each part‘s right since there is fear between

clans and clan cleavage is more exist in Somalia.

Eldoret and Mbagathi peace conference had gained several chances those contributed to being

better the previous Somalia peace conferences.

First, there was a terrorism security alert fear that Somalia to be a home of a terrorist.

The second chance was also IGAD member states warned appeal to the Security Council

to impose sanction anyone opposes to that peace process.

Third chance in Mbagathi was elected visionary president that used to knew the

challenges that he is going to face and requested AU member state, 20,000 peacekeepers,

while all other disagree with the president's his request, even though at last it was

demanded after UIC and Al-Shabab offended TFG based of Baidabo.

These factors made TFG to sustain more with the support of international community‘s security

concern after September 11, 2001, has contributed a lot to the TFG to be everlasting both

militarily and politically.

The Mbagathi process took place in Kenya 2002- 2004 the period of challenging international

security threats of terrorism characterized by the post 11 September 2001 attacks in the US. That

created to the Somalia to be global security agenda to build Somalia a functional state that united

Somalia different state holders those featured similar with a federal political system.

The federalism adoption to re-unite Somalia also was supported the approach of bottom-up state-

building of the neo-liberal development approach of the World Bank assistance to local

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administration and federal member states such Puntland, which became role model peace-

building and state-building in Somalia. Also the application of this neo-Liberal theoretical

approach to the resolution of the Somalia conflict has created some opportunities for developing

alternative frameworks for the conflict resolution informed by local dynamics. (Makhubela,

2010)

Kenya hosted the 15th Somali reconciliation peace conference and brought together SRRC and

part of TNG as well as civil society although at last all TNG joined the process. As quoted AU

website, the 15th Somali National Reconciliation Conference (SNRC) was held in Nairobi,

Kenya, in September 2003. The Initiative to convene the conference was endorsed by the IGAD

summit of 2003 and supported by the AU, the Arab League, and the UN. At the conference, the

TNG and the SRRC reconciled, and a new united movement subsequently developed, dubbed the

Transitional Federal Government (TFG). The Conference successfully concluded with the formal

adoption of a Federal Transitional Charter. (Amisom-au.org/about-Somalia)

After the reconciliation was continuing a long period, the delegates agree to adopt federalism

which is the viable option for Somalia state-building. The ‗Safari Park Declaration‘ made several

amendments to the Charter adopted by the plenary in September 2003, while retaining evolution

of the federal system over two and half years followed by a constitutional referendum.

(Bradbury, 2009)

According to IRIN report, the UN Security Council warned that ―those who obstruct the peace

process and persist on the path of confrontation and conflict will be held accountable‖ and the

Kenyan chair urged leaders who had left for Somalia to return. (IRIN, 2004)

The conferences brought together all Somali stakeholders and identified 135 traditional chiefs

those selected 825 delegates from all parts of Somalis. According to Bradbury, however, the

most remarkable progress made before the end of the transition was in the successful nomination

of 135 traditional leaders. These leaders, in turn, nominated 825 members of the National

Constituent Assembly who was responsible for the appointments of the 275 members of

parliament and the provisional adoption of the constitution. (Bradbury, 2009)

The appointed agreed to keep continuing 4.5 formula of clan power sharing that was

implemented Arta even though the total seat of Parliament extended to 275. Parliament selection

would utilize the ‗4.5 formula‘ (61 seats each for the four major clan families and 31 for the

minority groups collectively). (Ibid)

Somali political parties and civil society agree on the previous formula of 4.5 and 275 Parliament

seats from all parts of Somalia including Somaliland. Somali traditional leaders arrived to

oversee the selection of 275 MPs according to the ‗4.5 formula‘ and formed a Somali Arbitration

Committee in June 2004 to mediate any disputes over MP selection. (Ibid)

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According to Bradbury, the violation of the Charter‘s provision for 12% of seats to be allocated

to women went unchallenged by the Facilitation Committee despite protests from civil society

and international observers. The parliament held its first session on 2 September 2004 and on 15

September elected the speaker, Sharif Hassan Sheik Aden. (Ibid)

The Somalia Parliament elected President Abdullahi Yusuf Ahmed, who was Puntland president

since was formed in 1998. The parliament elected Abdullahi Yusuf Ahmed as President of the

Transitional Federal Government on 10 October 2004 after he secured a convincing victory in

three rounds of voting among 26 candidates83. The president‘s first move was to appeal for

20,000 AU peacekeepers to support his new government. (Bradbury, 2009)

According to Bradbury, president‘s request had not been endorsed by either the parliament or

cabinet and appeared to signal his intention to impose authority by force, undermining illusions

of a broad-based government of unity, particularly on the Mogadishu warlords (now MPs). (Ibid)

Due to clan power sharing, president Abdullahi appointed Pre-minister Ali Mohamed Gedi that

from Hawiye clan since President Abdullahi from Darod clan. The President nominated Ali

Muhammad Gedi as Prime Minister, a civilian figure with connections with Ethiopia but not well

known as a political actor. (Ibid)

Since Somali Parliaments from stakeholders and warlords that have the ambition to be pre-

minister immediately opposed pre-minister Gedi. Finally, the Parliament approved the Cabinet

after nominated 82 cabinets from the Parliaments. According to Bradbury, on the 7 January

2005, this brought key faction leaders together for the first time since 1991 but was neither lean

nor inclusive and balanced. (Ibid)

President Abdullahi initiated a government plan base to be Baidabo and Jawhar and Parliament

based on Baidabo and the president and cabinet based to Jawhar since President believed

Mogadishu without international peacekeeper impossible to work. Amidst irredentist claims to

the greater Somalia and an influx of foreign jihadists, the UIC attacked Ethiopian forces in

Baidoa in December 2006, suffering heavy losses. (Bradbury, 2009)

The first suicide in Somalia targeted President Abdullahi in Baidabo and after Al-Shabab failed

to kill the president militarily attacked Baidabo with UIC and failed after Ethiopian troops

supported TFG and defeated Al-Shabab and UIC. In March 2007, the AU approved the

deployment of the first contingent of AMISOM. It established a small triangle of protection

around the port, airport and Villa Somalia (the president‘s palace). (Ibid)

After Ethiopian forces had defeated Al-Shabab, the government relocated to Mogadishu and

African Union responded the president's request of peacekeepers. The African Union Mission

plays a significant role the well-being of the Somali federal government since Somali federal

troops are enabled to protect and secure Somalia government.

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4.3 FEDERALISM: TRADITIONAL PEACE-BUILDING TO STATE-BUILDING

The Somalia federal political system adopted to contribute the accommodation and combination

of modern state-building and Somali traditional reconciliation of current peace-building that

operates overall in Somalia particular Northeast and Northwest of Somalia those known as

Puntland and Somaliland, and it is important to combine as an alignment of traditional Somali

peacemaking and modern state-building in Somalia.

It is important to remember the lesson learned from the previous Somalia peace conferences and

reconciliation held by the international community for Somalia groups and what was achieved,

compare to those held by Somalia communities in Somalia from 1991 until now. For example,

the one held by international community outside Somalia, there is no much outcome on state-

building, while the one occupied by Somalia Community both peacebuilding and state-building

had succeeded, like Somaliland and Puntland are those results. On the other hand since 1991

international community supported a lot of peace conferences and nothing achieved yet. These

are clear evidence examples of success achievements except the transitional federal government

that related to traditional Somali governance.

According to Menkhaus, Several important lessons for mediators can glean from successful sub-

national peace processes in Somalia. Though these local peace processes have a strong degree of

Somali ownership, they have rarely accomplished alone. External actors have been sought out

for assistance, sometimes in a mediating role, other times for technical or logistical support or

good offices. (Menkhaus, 2009)

For examples, a study done by Bradbury illustrates Somali traditional peace-building processes

have a better record than international diplomacy in preventing, mitigating and reducing

violence; in brokering sustainable ceasefires, organizing joint security mechanisms and

demobilization; and in forging agreements on the creation of governance structures. (Bradbury,

2009)

According to Bradbury, the Somali-led peace processes and peace conferences examined in these

case studies have involved a variety of parties and interests. They have variously concerned with

ending violence, restoring social and economic relations, the return of private property, resource

sharing, livelihoods and trade, the creation of security services and institutions of law and order,

and governance. (Ibid)

Somali traditional peace-building and federalism will positively contribute to state-building in

Somalia and federalism is the only viable tool to forward the state-building process in Somalia.

(Surer & Hassan, 2015)

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After Somalia had adopted the federal political system, it seems that the fear between the tribes

became less and disappeared in Somalia, which was created the aims that had adopted federal

political system which was to contributed a lot to the Somalia state building and local

community political participation at both level of the regional level as well as a national policy

platform. This more democratized than the previous political system in Somalia such as

Centralism failed lack people‘s state ownership and small group‘s power abuse.

Somali traditional peace process always addresses the causes of conflict or driver of state failure

and focus on restoration of the violence whether economic restoration and social integration. By

taking example Somaliland and semi-autonomy in Puntland, people in these regions have altered

the constitutional make-up of the former highly centralized and predatory Somali state, which

identified as one of the causes of state failure. (Bradbury, 2008)

According to Bradbury the large region-wide conferences in Borama in Somaliland and Garowe

in Puntland were political processes that produced agreements on power-sharing and a political

vision of a future state, articulated in Charters that defined the structure and responsibilities of

public administrations and the establishment of public security services. (Ibid)

That was the reason Somali traditional conflict management mechanism of peace-building and

reconciliation better then the external peace settlement, like Puntland and Somaliland are a good

example. Clan elders are almost always master minded to the local peace processes, for instance,

but work most effectively when collaborating with intellectuals other civic leaders. Traditional

assemblies are the accepted protocol in local peace-building but have combined with new tools

such as technical committees. (Menkhaus, 2009)

As wrote by Bradbury traditional peace process always addresses conflicts and political power

sharing which more focused local people feeling, relating to power-sharing and the formation

and control of public administrations and strategic resources. Examples of these are the series of

peace processes in Somaliland between 1991 and 1993 and the Garowe Community

Constitutional Conference that led to the creation of Puntland. (Bradbury, 2008)

Traditional peace-building is more important for state-building in Somalia since the community

is trusted, there are a variety of reasons for this, including the more immediate and tangible peace

dividends local communities expect the more established relationships between leaders in

domestic disputes, and the greater level of reliance on traditional mechanisms to promote peace

locally. (Menkhaus, 2009)

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The significance of Somali traditional elders, most of Somalia community trusted them and

recognized as neutral role of peace-building (Nabadoon) and they have the title of peace-makers

and advancement of traditional conflict management mechanism that may contribute for Somalia

peace-building and state-building. The studies examine the organization and structuring of peace

meetings, and how issues of representation, mediation and decision-making are handled, and

they provide insights into governance processes and structures, leadership, and cultural norms of

negotiation and decision-making. (Bradbury, 2008)

For example, there is enough evidence of the research made by Menkhaus since 1988 the most

peace agreement made by elders succeeded while other order reconciliations failed. The record

since 1988 clearly shows that peace processes which lack Somalia people ownership consistently

failed; those which maximize Somali ownership of the process have enjoyed greater legitimacy

and in some cases, such as the Boromo peace talks in Somaliland, have succeeded. (Menkhaus,

2009)

The Somalia peace reconciliation and agreements has a sense when have been addressed the

causes of the conflict and discussed to solve all lives lost as well as properties. Somali traditional

elders again address to reconciliation between the groups. As such, these local processes are

quite different from national peace processes that are concerned with negotiating over control of

state apparatus, security and the economy. (Bradbury, 2008)

Somali traditional elders always address the reconciliation between the groups. The successful

sub-national peace-building in Somalia has invariably proceeded at its pace, typically a speed far

slower than what most external mediators are comfortable with rushing talks in Somalia

guarantees failure. (Menkhaus, 2009)

Somali traditional peace-building certainly relevant to the Somalia state-building for example

Puntland and Somaliland are only reliable administration in Somalia and could be a role model

the implementation of the Somalia federal political system that combining the modern state-

building and Somali traditional governance which more suitable for Somalia peace-building and

regional state-building.

Somalia Traditional elders good for the mediation between clan as well as tribes‘ relationship

since they have good value in the Somalia community and can play a vital role for both peace-

building and state-building in Somalia.

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4.4 FEDERALISM CAN COMBINE THE SOMALIA TRADITIONAL GOVERNANCE &

MODERN STATE APPROACH

Somali traditional governance is critical in Somalia, and traditional leadership ever existed in

Somalia; the modern governance establishment was capable and achievable in Somalia. If it‘s

through the traditional Somali leadership because the elder is the trusted ruler in Somalia who

handled all most all social issues such as the insurances of the tribes, Somalia people identities as

well as family matters. That has caused the community adherent to the Clan and the traditional

leaders, while political leaders seem a person serving his/her personal interests.

Since Somalia culture based on tribe collectivities, the community may have a trust that helped

them, and that is the reason traditional Somali leadership gained the community or tribe trust

because they solve all disputes between the societies. And they can grantee any losses among to

the people, the traditional structures, therefore, playing that a very critical role in regulating the

expanding ‗modern‘ private economic sector, as well as developing and regulating conflicts

within the state itself. (Gundel, 2006)

So the traditional Somali elders are the real community representatives those are more useful for

Somalia state-building as well as peace-building since federalism accommodations of Somalia

traditional structure and modern state system. According to Bradbury because they involve

communities with shared values and leaders with local legitimacy, and combine traditional and

modern institutions and practices, these local ‗unofficial‘ processes can produce immediate and

tangible results. (Bradbury, 2008)

When the colonial power came to Somalia, there was no central government, but Somalis were

living like the structure of a confederation, which immediately appeared after the central

government collapsed. Somalis go back to the Clan system, and there is no trust among the tribes

and self-rule and shared the rule of federalism a solution to Somalia. (Ali, 2016)

After the central government had collapsed, law and order in the Northeast regions of Somalia

and Northwest regions of Somalia handled by the elders and Sultanates, because of Somali

traditional leadership more active in Northeast and Northwest of Somalia those know Somaliland

and Puntland and played a great role even the formation of the both authorities. After the war, it

expanded and incorporated into government as the Upper House of the Somaliland parliament.

Among the Majeerteen, a similar council of elders exists, known as Isim, but this did not

incorporate into the Puntland parliament to safeguard its independence. (Bradbury, 2008)

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The enough evidence of the traditional elder‘s necessary for both state-building as well as peace-

building in Somalia the gap between South and Central of Somalia and Puntland and Somaliland

where traditional leadership formed these two regional administrations while the Southern parts

of Somalia missed elders to establish a functional government, according to Bundel. However,

modern state structures in contemporary Somalia are either non-existing, as in South-Central

Somalia, or very limited as in the Northern administrations of Somaliland and Puntland. (Gundel,

2006)

Somali traditional elders do work which Somalia society culturally used to know, for example

whenever disputes arise it is solved by explicit negotiation which the Somalia community can

easily understand and always have a trusted what traditional leaders decided. Otherwise, the

mediation may never gain people‘s confidence since the community has sought out mediation or

even arbitration by a respected, neutral Somali eminent person typically a well-known elder or

sheik. In those instances, the role of external actors reduced to a provision of logistical support.

(Menkhaus, 2009)

And this is the supportive argument, Somalia since 1991 almost twenty reconciliation

conferences held that one of them didn‘t gain public supports and trusts, another side while two

traditional Somali conferences of Somaliland and Puntland succeeded and established Puntland

and Somaliland without a help of international community financially or technical management.

The bottom-up approaches always gain public confidence and building block a solution for

Somalia. (Mohamud, 2016)

Therefore, the traditional governance structures in Somalia are at the crux of the modern state

formation the processes of societal change to the modernization otherwise imposed state

formation will be tough in Somalia. The extended family and lineage system in Somalia, the clan

structure, is the core institution of all essential societal functions stemming from the pre-

industrial pastoral society. (Gundel, 2006)

Somali traditional leadership would play significant role state formation and safeguard connector

between state and society in Somalia. The clan elders play a vital role in protecting law and

order, within and between the clans. (Ibid)

According to Gundel, Generally speaking, in areas outside the immediate control of Somalia‘s

regional administrations, the xeer continues to be the effective justice system. Both Somaliland

and Puntland are evidence of the revival of the traditional structures after the state collapsed in

1991. (Ibid)

The traditional elder‘s important role in Somalia not only limited to state-building such like the

formation of the administrations for example in Puntland also can see here their important role.

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According to the Gundel, 2006 the Peace-building and stability are primarily maintained by the

traditional authorities, or the traditional leaders solve up to 90% of conflicts and disputes

between clans and administer diya from the biggest to the smallest injuries (Governor of Bari).

Most cases are resolved by the traditional authorities before they reach government. If the

traditional leaders in say Bosasso make a decision, then that is what the government implements.

Also, we can understand how it is useful both Somalia state-building and peace-building the

combination of new governance of federal political system and traditional Somali leadership that

can quickly gain public trust as well as people‘s state ownership by having self-rule and shared-

rule of federalism. For example the Puntland government accountable both to the parliament and

the Sultanates, The Issim can mobilize people to follow what the governor wants. However, they

can also suggest alternatives the interaction between government and the traditional authorities

mainly based on dialogue. (Ibid)

The successful of the Puntland administration came after carefully works with the traditional and

the most cases solved by elders, and this shows us the vital role of traditional elders to the new

governance. Decisions based on consensus. In the event of dilemmas, the final determination left

to the traditional authorities. In principle, the nabadoon come under the leadership of the regional

governor. (Gundel, 2006)

In fact, these are enough arguments to the topic as well as evidence that the federalism enables

the accommodations of the Somalia traditional leadership and new governance which can

contribute and good for Somalia state-building and peacebuilding, which can easily gain

people‘s state ownership and the public trust in each other.

4.4.1 TRADITIONAL CONFLICT MANAGEMENT MECHANISM

The Somali traditional elders played a significant role the reconciliation and the peace-building

in Somalia, and mostly succeeded due to community confidence, Traditional leaders recognized

in Somalia the responsibility for the social issues which new governance never played its

responsibility. For that reason, Somali traditional conflict management mechanism always

accepted by the groups in the conflict reconciliation process.

According to Bradbury, the Elders (sing. oday; pl. odayal) In Somali pastoralist society, day-to-

day governance is traditionally exercised by lineage elders, who are important actors in conflict

management as negotiators, facilitators or mediators. In this society without traditional leaders,

the category of elder is fluid: any adult male can be considered an elder with an equal right to

speak in a council. (Bradbury, 2008)

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The Somalia people are accountable to the Clan elders and Sultanates, even if he/she is the

troops of the government. For example some time if the one of the troops killed someone

accidentally, his/her Clan families, of the diya-paying groups may negotiate with the other Clan

elders of the death person. The clan elders are representatives rather than executive leaders who

are chosen by their Clans for their particular attributes, such as piety, knowledge of history,

customary law, their powers of oratory, negotiating skills and sometimes wealth. (Ibid)

Since each person is accountable to the clan elders Somalia people accepted Somali traditional

leadership decisions, the Elders divided into different stages and each group has its assignments.

Assemblies of seniors (sing. shir; pl. shirka): In response to particular needs, seniors gather in

council (shir) to deliberate on matters affecting the clan. In the absence of government, these

have become important instruments of local governance. (Ibid)

Traditional elders, sometimes there are job descriptions, and each group plays particular issues.

Council of Elders (Guurti, Isimo): This is the highest form of clan council comprising titled and

non-titled clan leaders selected for their knowledge and wisdom. (Bradbury, 2008)

For all those reasons made the traditional Somali leaders or elder the highest institutions that

played social issues, and they determined different levels Rules of war. (xeerka biri-ma-

geydada): Historically a sub-set of customary law has existed to regulate warfare, in which

women, children, peace-makers, religious leaders, the elderly, guests, enemy captives, and the

sick were considered biri-ma-geydo - to be ‗spared from the spear. (ICRC/SRCS, 1997)

According to Bradbury, certain violent practices prohibited, the looting of domestic economic

assets that sustained women and children was forbidden, and public goods like wells were not to

be damaged. In communities with shared values, these codes of war maintained a sense of honor,

social sanctions, agreed on forms of compensation, and a fear of divine retribution against those

who violated them. (Bradbury, 2008)

By the discussed traditional structural leadership, it is important to highlight traditional code of

conduct. Reconciliation, restitution, and compensation: Anthropologists have described how in

segmentary societies, like Somali agrarian society, the principle aim of conflict management and

peacemaking would traditionally have been to restore social harmony to ensure community

survival. (Boege, 2006)

Traditionally reconciliation has a process follows different steps such as ceasefire assessment of

the life loss and damage properties and the reconciliation Meetings can end days or months.

These are relatively public consultative forums in which all (male) participants, in theory, have

the right to speak and in which agreements reached through consensus strongly binding.

(Bradbury, 2008)

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Somali traditional elders and Sultanates have the highest values in the Somalia society that can

contribute a lot for Somalia state-building and peacebuilding which federal political system

generous, accepting space for traditional Somali governance by self-rule and shared-rule.

Sometimes both sides if the death is lot men which compensation impossible and none of the

parts unable to win, there is a (Somali peace theory) which says let us assume to born last night

and forget whatever happened, let us save the men still alive and forget the whoever died.

Since peacemaking geared towards re-establishing social relations, restitution and restorative

justice rather than retribution or punishments are the basis for reconciliation (nabadayn) and a

peace agreement based on compensation or restitution, rather than retribution, is more likely to

be sustainable in Somali society. (Ibid)

Somali traditional elders mostly maintain disputes between clan by using traditional conflict

management mechanism. That can involve the restoring honor so that two groups can cohabit,

agreeing on reciprocal access to rangelands to enable people to pursue collective livelihoods, or

compensating a group for losses incurred during the war. (Ibid)

According to the Bradbury, 2008 the principal aim of Somali peace meetings is to restore social

relations between communities to ensure the survival of society. Indeed, traditional conflict

management is perhaps most effective where reconciliation is the end aim of a peace process,

rather than state-building. The process of reconciliation involves the parties controlling the

means of violence, demonstrating compromise and tolerance, and accepting each other‘s

coexistence.

Normally traditional Somali elders focus on peacemaking and dispute settlements at the same

time if a space for state-building given may play a great role. Because Somali traditional elders

managed almost Clan disputes. By traditional conflict management mechanism occasionally

obtained training of modern techniques and financial supports of the reconciliation conferences

from the international community. Somali conflict resolution and peace-building usually involve

hybrid fusions of traditional practices and authorities with more advanced negotiating

techniques. (Menkhaus, 2009)

Since parts recon ciliated traditional conflicts management‘s mechanism, typically both parts

accept. Reconciliation commonly involves restitution for the loss of life and property. It can also

include the affirmation of rights of communities and individuals to the residence, access to

services, rangeland resources and trade, a ban on raiding, and agreed on sanctions for those who

violate the peace. (Bradbury, 2008)

The importance of traditional Somali elders for peace-building among Somalia tribes, the federal

political system also would contribute a lot for Somalia state-building and people‘s state

ownership by accommodating self-rule and shared-rule system that works similarly with Somalia

traditional governance structure.

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4.4.2 FEDERALISM AND PEOPLE’S STATE OWNERSHIP

Somalia state collapsed lack of Somalia people‘s administration ownership. Because of the

community had never seen a government owned by them which formed or elected by them and

served to them, and it is the reason that Somalia state not sustained.

It is also remarkable that the Somalia people still enable to distinguish colonial administrations

and the Somalia governments, may be Somalia authorities had similar characteristics of the

Colonial and that could be principal causes of Somalis lack of people‘s state ownership. And it

could be the primary factor of Somalia state failure. Even though nowadays it seem this solved

by the accommodation of the self-rule and shared-rule of the federalism.

It is vital to understand and to have further knowledge of why is missed Somalia people‘s state

ownership at a national level; somehow we have seen in regional level broadly that came to

Somalia. Regional block base which similar with self-rule and shared-rule of federalism, it is

needed to rise real understanding the causes of the lack of Somalia people‘s state ownership.

Starting from colonial occupation, Somalia people had lost traditional governance and authority

ownership that was part of Somalia state failures. After pointed, all these factors are needed to

assess Somalia state-building and people‘s state ownership.

As mentioned the previous section federal political system could accommodate the combination

of new governance and traditional Somali governance since self-rule and shared-rule of

federalism similar with Somali traditional structural aspects of the framework such as laws,

norms, and rules may promote Somalia people‘s feeling of state ownership.

From 1991 onwards, efforts were being made to establish local and regional administrations, and

it is notable that, in the vast majority of cases of the local governance systems were built through

a consultative approach that ensured a level of community ownership. (PDRC, 2007)

Since Somalia people resided a Clan base territory of the pre-colonial featured as a Clan

federation that each one had its Clan governance. The suitable form of government to the

Somalia in the modern political system could be federalism. That may contribute Somalia

people‘s state ownership, in the base of self-rule and shared rule. The characters of Somali

federalism had already existed in Somalia; the current distribution of the clan already lends itself

to a phenomenon of this kind. (Zoppi, 2015)

According to Mr. Bihi, the people of Somalia had no confidence the method that members of

parliaments are selected in the first place and consequently have no confidence in their choice of

president. The only government that can gain their trust is the one they choose. i.e., one man one

vote. (Abdinasir Bihi, 2016)

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Somalia people would feel state ownership when there is an efficient government system that

was created by the Community from the bottom up and contributing essential services to the

community. Somali Community may feel state ownership if the community elected government's

direction and that government serves community's outreach. (Muse, 2016)

In some parts of the country like Puntland and Somaliland, the community formed the authorities

by their will and still is a functional administration in Somalia without any support of the

international community. These developments were built on the bottom-up approach and

included discussion of faction leaders and clan elders. (Barbora, 2009)

On the other hand Somalia people may have a state ownership if the community empowered to

the political participation of the government establishments. Such like government elections and

the government must be fair and serves to the people. Overall when we look Somalia, the

people‘s state ownership in Somalia, may exist only in Somaliland and Puntland, because of the

public have formed these two regional states. To establish and implement a state owned by the

people in Somalia. The Puntland and Somaliland could be a role model to follow the forming of

other regional states which same like self-rule and shared-rule of the federal political system.

Families and tribes are constantly present in Somali society; federalism is already a fact. (Ibid)

The transitional state-formation of Somalia set by the international community in outside of

Somalia, there many significant deviations and circumstances of deepening social and political

fragmentations in all level whether it is regional or national, due to lack of local community

contributions those lead to state ownership.

For example, Somaliland had formed by grass root of the people in 1991 since then it is

functional and any disputes solved by the people also Puntland is same; this is what we can call

Somalis state ownership. The different levels of the state need to reflect and represent the

country's various social groups and interested parties. All stakeholders must include different

levels of the state functions. (Faisal Roble, 2016)

Which is more similar with Eng Ahmed, Somalia community can feel state ownership if the

government elected by the people and works fairly to the people. (Eng Ahmed, 2016)

Mr. Bihi differentiated Somalia people to feel administration ownership in the short term, and

long term plans the Short-term plan is to allow people of Somalia to choose their leaders. The

Long-term plan is to educate them the importance of community ownership. (Abdinasir Bihi,

2016)

By several reasons the most peace building, state building agenda of Somalia that proposed, by

the international community and being applied an international framework to Somalia which

doesn‘t fit Somalis instead to support their Mechanism in order Somalia people to feel state

ownership such like Somaliland and Puntland.

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Throughout, from 1991 to the present, the impact of national level politics on dynamics within

the northeast regions such Puntland is apparent. These reflect the interplay of the political elite

and the traditional leaders as well as the relationship with Ethiopia as a regional partner with

whom Abdulahi Yusuf, in particular, sustained a close relationship. (Barbora, 2009)

The federal political system that Somalia adopted is the most intimate form of government that

can combine Somalis structural governance and new governance which also contributes Somalia

state-building and people‘s state ownership with self-rule and shared-rule which invited public

space to participate decision making of the management.

Therefore the adopted federal political system in the viable tool may contribute Somalia peace-

building, state-building and people‘s state ownership in Somalia. Usually, Somali community

has the trust and confidence in the traditional leadership, that would enable Somali community to

feel state ownership, may be elders‘ leadership hands open to the government and community

could feel state ownership. (Dayib, 2016)

In Somalia, the state formation always creates a conflict, due to lack of trust between societies,

since the people believe that the state established outside. The community can have a sense of

state ownership if the leadership has already been an active member that worked social needs of

the Community and working knowledge and attitude of the people. (Said, 2016)

Bottom up peace building and state building of the federalism in Somalia is the suitable

approaches of local governance that can be maintained the rule of law of Somalia and people

may feel state ownership in all parts of the country.

According to PDRC, Ugas Hassan explained deeply in here, the relative viability of these local

administrations in the major towns and districts gave momentum to the desire for decentralized

governance. For the northeast regions As Ugas Hassan Ugas Yasin noted ―the population was

mature enough to welcome the establishment of order and the rule of law. (Ugas Hassan, 2007)

It is critical to address Somalia's problems and differentiate from the previous approaches unless

we use the illustrations of Puntland and Somaliland, how local community formed these two

administrations and the local people feel state ownership. Otherwise it may, brief overview of the

country's history has shown how problems have recurred since colonial times, and how attempts

to resolve them have often repeated similar mistakes repeatedly throughout the decades. (Harper,

2012)

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Most of the Somalia people believed the feeling of that ever Somalia government designated

external structural influence. For example, the central government of Somalia collapsed lack of

people‘s state ownership. Because Somalia people couldn‘t restore the government with the

support and assistance of the International community without Somalia people will. However,

the International community should support the will of the Somalis rather than be implementing

their agenda and desires. (Abdinasir Bihi, 2016)

Since 1991, many transitional governments have attempted to re-exert state authority over

Somalia. Harper (2012) noted that these governments have been the result of nearly twenty

international conferences and have lacked popular legitimacy because they were seen to be

foreigner creations, to be ineffectual, and to have not had a permanent presence inside Somalia.

(Harper, 2012)

The different approaches and practices of peace-building and stabilization are needed to build up

grass root at the community level to get the people‘s state ownership of Somalia in various ways

such as security framework on peace building at the local and national levels. To face the

challenges experienced politicians from the northeast in the national level reconciliation process.

These initiatives helped to mobilize broad-based support amongst the communities in the

northeast towards a level of stability and trust-building that fostered the aim of establishing a

regional administration. (PDRC, 2007)

For example, the Somaliland and Puntland enjoy relative security and stability, with the

functional of the public institutions and those desired needed for long-term development

investment strategies; this is because of people's state ownership. The lack of foreign aid meant

that actors in Somaliland determined their own political and institutional arrangements. (Phillips,

2013)

That resulted the from people‘s state ownership, Puntland also formed the same and it was good

example, that whole Somalia, the federalism is the viable political institution that may promote

confidence building of people's awareness and contribute peace building and state building from

the local community, that may rebuild trust among Somalis, and people‘s state ownership. These

factors built confidence, institutional capacity, and accountability between state and people.

(Eubank, 2012)

In 1998, The Puntland formed as a regional autonomous state following a series of conferences

in Garowe involving the political and traditional leadership of the region. Puntland was an

attempt to solve the problem of statelessness without seceding. Puntland's priority is to achieve a

Somali political settlement based on a federal system of government. (Sarah & Thomas, 2014)

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The community's commitments established the functional authority of Puntland without the

technical and financial support of the international community, while the south and central

backed by all most all international community's support technically economic and peacekeeping

mission not yet succeeded.

Even though there may be cultural differences between Southern and Northern people of

Somalia, (1) Puntland and Somaliland have a traditional system of authorities, (2) While the

regions of the south of Somalia are more than heterogeneous. (3) Also, Social problems are less

complex in Puntland and Somaliland. (Faisal Roble, 2016)

The South-Central of Somalia there has been afflicted by conflict and lawlessness due to lack of

local people‘s state ownership and while Puntland and Somaliland relative successes in pursuing

secondary state formation for their processes. The supportive argument and pieces of evidence

that the federal political system contributes a lot for Somalia state-building and people‘s state

ownership, like a lesson learned after the collapse of the central government of Somalia, the

people have realized the importance of the necessary infrastructures such airports, ports and

roads and hospitals and power generators. Made the federalism an important because of the

approach of self-rule and the shared rule that may enable Somalis to have people‘s state

ownership.

4.5.3 SOMALILAND

Northwest regions of Somalia are one of the few areas that the traditional elders maintained the

peace and stability after central government collapsed in 1991. The traditional structures were

the only thing that did not collapse in Somaliland, as they provided the only protection people

could get. (Gundel, 2006)

After the central government had collapsed and armed groups captured Northwest regions

traditional elders‘ collaborated SNM leadership the formation of the Somaliland administration

and the restoration of the counsel Furthermore, the dependency of the armed rebel movement,

SNM, upon the traditional elders made it seem natural that the establishment of the new state of

SL primarily driven by both the SNM and the elder‘s Guurti. (Ibid)

The situation and circumstances of these two regions were different in a sense from the rest of

the county. For instance, Somaliland has one major clan of Isaac dominates the remainder of the

other tribes.

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Isaac Elders called to peace conference all other tribes‘ traditional leaderships the issue of if the

Somali central government collapsed what would be next and agreed to form Somaliland

administration. Somaliland founded on a series of grass-root based peace conferences called shir

beeleedyo, from1991 to 1997, which drafted a national charter with the aim of building a home-

grown democracy. (Farah & Lewis, 1993)

After central government collapsed traditional Somali elders of Northwest regions of Somalia

came together in different clans residing in those areas and discussed how to maintain that

situation. Somaliland formed by the Guurti of traditional authorities, which functioned as the

democratic base of the SNM movement, and not power hungry warlords or politicians. (Gundel,

2006)

The traditional elders of Northwest regions of Somalia played important role peacebuilding and

state-building, through a series of localized and locally-driven peace conferences, restored

relations between tribes. Who had fought each other during the war, redistributed stolen

property, restored law and order, demobilized militia, and established the district, corporate and

national governance structures? (Bradbury, 2008)

Somali traditional elders of Northwest regions of Somalia played significance role these three

peace-building comprehensive conferences in Burco in 1991 and Borama in 1993, the Erigavo

conference in 1993 and the series of ‗social‘ peace meetings that preceded it in Sanaag region.

(Ibid)

The significance role of the traditional Somali elders the places they exist the rule and law

implemented like Somaliland which traditional elders‘ maintained peace and stability also played

a major role state-building of Somaliland. After the war, it expanded and incorporated into

government as the Upper House of the Somaliland parliament. (Ibid)

4.5.4 PUNTLAND

Northeast regions historically were a base of oldest kingdom and Sultanates of Somalia in

centuries. Northeast regions of Somalia the traditional Kingdoms survived from both colonial

and the previous government‘s impact. And this was the reason rule and law gap did not happen

in the northern part of Somalia after the central government collapsed in 1991.

According to Gundel, after the civil war and the collapse of the state, the Issim and Nabadoon

took over the responsibilities of relations between the clans. Their primary challenge was the

failure of security institutions. The Issimo played a direct and important role in the establishment

of the Punt-land administration, formally called Puntland State of Somalia (PSS). Unlike

Somaliland, Puntland did not create a Guurti, but only one parliament, which however is

appointed by the clan elders. (Gundel, 2006)

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During the previous governments, there was no good governance and decentralized

administration in the Northeast Regions, but the traditional Sultanates were more functional

more than the governments.

After eight peace conferences that were expecting the support of international community to re-

establish the central government of Somalia again continuously failed, traditional Sultanates and

politicians of Northeast regions agreed to form the regional administration that called the

Puntland state of Somalia which its vision is to advocate a federal political system to adopt in

Somalia.

The Garowe conference was clearly a ‗political‘ process. The study documents the numerous

meetings that took place in the northeast regions of Somalia from 1991 aimed at stabilizing the

area and establishing an administration and that eventually led the formation of Puntland in

1998. (Bradbury, 2008)

The Puntland administration establishment was a good example that encouraged Somalis to

adopt a federal political system which would be a viable tool to re-establish Somalia

government. The study illustrates how governance and development have become localized in

Somalia and demonstrates the capacity of Somalis to manage and finance broad and complex

political processes. (Ibid)

According to Brabury the study also highlights the long-term nature of some conflicts that

originated in the pre-war period. It emphasizes the importance of a supportive external

environment in resolving local disputes and the complementary roles that traditional institutions

and government can play in this.

In Puntland traditional Kingdom and Sultanates is the highest hierarchy of decisions making. The

traditional authorities are the most important reference for the political system in PSS. The

Issimo, are the highest level in the political system, and even the President is ultimately under the

traditional system, however not formally. (Gundel, 2006)

The most decisions of the classic Kingdom and Sultanates decision always accepted in the

different parts of the public. They also have to respect their decision in cases of national or

political conflicts, which the formal system cannot solve themselves. Hence, the Issim are the

founders of PSS. (Ibid)

As the purpose of this study, it is critical who is who important for Somalia peace-building, state-

building, good governance and democratization process of Somalia. The research pointed federal

political system is the viable tool of government policy in Somalia which would contribute

Somali people‘s state ownership by self-rule and shared-rule of federalism while the thesis also

identified traditional Somali elders a great role player of both peace-building and state-building.

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4.5 FEDERALISM: CONTRIBUTION OF GOOD GOVERNANCE&

DEMOCRATIZATION

The combination of federalism, state-building and people‘s state ownership in Somalia, made an

important whenever you talk state-building, there has to be a good governance and

democratization. In the same time whenever there is a democracy, there have to be national

sustainable political parties that based on public political views to achieve good governance

through state-building.

In Somalia the election of 2012, the parliaments selected through the traditional Somali elders

selection, even though Somali traditional elders and Sultanates gain public confidence in

Somalia. According to Abubakar, 17 June 2016, Somalia has a history of a centralized system of

government since its independence with accumulated power at the national level. Therefore,

shifting from this system and transferring these powers to different representatives of the people

can sharply affect the general political atmosphere, whereby the accountability and transparency

resulting from the federal system can improve the democratic regime.

Due to these reasons, the decentralization of national political system may contribute people‘s

state ownership good governance as well as democratization of Somalia, which is all about

Somalia state-building. The Somalia people adopted federalism to enable to elect their

authorities from each districts its rulers and every state should have its regional authority elected

from its various districts. (Abdalla, 2016)

According to the constitution, while the provisional constitution establishes two levels of

government, it mentions the third level of government, namely the local level of government.

The local governments, however, together with the Federal Member State, government are

considered to form the Federal Member State level of government -Article 48 (1) (b).

The federalism decentralization may contribute good governance to Somalia, since the system is

all about self-rule starting from district to region and from regions to the federal member state

and again to the federal government which each functioning on its own with without much

interference and less imposing rules. (Salah, 2016)

Federalism contribution of good governance to Somalis compels them to leave and to decide

through their means. It will teach them to rule themselves by choosing their leaders, making their

budgets, and make their plans. The federal system of governance will involve a lot of people to

participate in the governmental affairs and will minimize the waste, and make things more

transparent. (Ibid)

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There is no doubt the federalism decentralization may contribute both good governance and

democratization process, since citizen enable political participation of peace-building and state-

building of Somalia. Federalism argues that the effective devolution of power may empower

citizens to engage effectively in governance, and may give individuals a stake in peaceful state-

building. (Surer & Hassan, 2015)

Federalism of Somalia there is no question that the federalism may restore the confidence needed

for Somalia. If the people have given a chance to select their leadership, plan their destiny, make

their budget with proper guidelines at least from the beginning stage, with that I can say that

there will be a light at the end of the tunnel. (Abdalla, 2016)

A federal political system that Somalia adopted expected to enable Somalis state-building and

good governance as well as democratization process. The decentralized nature of the state is said

to offer personal power and authority to individual citizens, providing them the autonomy to

decide their political futures. (Surer & Hassan, 2015)

The selection of the representatives through traditional elders has created a chance to broaden the

political participation of a vast number and wishful leadership competitors. It was not fair

selection by all means but something that can correct in future established and it still holding for

the time being. (Abdalla, 2016) Even though traditional elder‘s selection is not a long-term

solution; it must be elected democratically from regions to federal parliament when it is possible.

(Mohamud, 2016)

4.6.1 FEDERALISM AND MULTIPARTIES SYSTEM IN SOMALIA

The Somalia people‘s political view can be divided into two main political ideologies those

similar with other world public political views, such as a liberal political view and conservative

political view; even though there was a limitation of documents concerned about this issue the

research may try its best to find good start.

For these political ideologies based on and allied with the other World political views, for

example, the conservative political view in Somalia linked with Arabism and Arab cultures by

following politically and economically.

They always oppose liberal political views, and they encourage and advocate to educating their

Children Arab educations curriculum. While a group has liberal political view believed the

cooperation with international community educational curriculum and international community

integrations.

In addition, the third political view could be a green and pastoralist party that supported by green

activist and pastoralists groups since they have a common interest which may combine their

political views of the environments.

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To implement in Somalia a political multi parties system, based on the public political views

may unite the Clan cleavages and solve entrusts between tribes.

Somalia is going to implement near future a democracy and multi-party system. This has to be

linked the previous failures assessment, to design the prediction of the future political multi-

parties system features.

Somalia has an excellent history of a democracy and nervous political multi-party system first

nine years of democracy era, Somalia had registered in the 1960s more than sixty political

parties.

Most of the political parties based on individual‘s political interest, and also some of them based

on tribalism, even though Somalia had a real history of a democracy and was first African

country that a president steps down public vote from the office in 1967.

As the pieces of evidence that developed countries implemented multi-party system those

already parties based on the perceptions of the public divided such liberal and conservative, etc.

The question concerned about how multi-parties system, may be implemented in Somalia

accordingly to public opinion that shared for previous experience as well as current. Bihi

believed that the multi-party system is not a new to Somalia. In fact, Somalia was one of the few

African countries that enjoyed genuine democracy and a multi-party system. Based on previous

experience where more than 80 political parties were registered, I think Somalia constitution

must limit the number of political parties to the maximum of three parties. (Abdinasir Bihi,

2016)

There is also another question of why more than sixty political parties registered Somalia which

is small country, while the largest countries recorded only three political parties and so on. The

research analyzed and found that problem up to now does exist in Somalia, by using information

and related data that from Somalia elders and politicians stayed at that time.

To develop the reason Somalia to register first nine years after independent more than sixty

political parties without a base of people's political views, which is still out there and still it

seems not solved.

Usually developed countries the political parties based on the opinion that community divided

and mostly liberal political ideology and conservative political ideology, it is not possible

someone could create a political party without the base of people‘s political beliefs, because not

enable to have peopled vote if it is not based on public views.

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While it too easy to form political parties based on personal interest to be registered in Somalia

those based on individual political interest and members of the parties joined as Company

employees, it all about to gain political position even if another party granted they may join.

Because they never are influential in the party and act as a Company employees, and like this

stage always voters vote to a tribal base, each member of the party obligatory to bring his/her

tribe vote to gain political position when the party do win. Like, I.M. Lewis wrote research on

democracy and political parties in the 1960s. Finally, there are those regionally or tribally based

parties, which reflect typical regional values and occur only in southern Somalia. (Lewis, 1999)

For example, Somaliland the number of political parties restricted into three parties, for the past

experienced uncountable multi-parties registered in Somalia 1960 up to 1969. However,

Somaliland limited parties‘ number but did not solve the parties to be based on national

ideologies so as to public owned parties and instead of that based on individual political interest

and tribalism. As here I.M. Lewis mentioned parties in Somalia in the 1960s, I discussed these

parties more fully below and mentioned here two smaller tribal movements, the Shidle and

Bajuni parties. (Ibid)

So that it is important to think how to avoid to not happening again in Somalia, a multi-parties

system that based on individuals political interest or Clan support such happened before. Because

it will discourage for Somalia people from the democracy and multi-parties system since also

Somalis are sensitive from democracy, this could be a justification to condemn the democracy in

Somalia.

Another best example according to I.M. Lewis had observed in Somalia, party politics in

Somalia dominated by the conflicting demands of the Daarood, Hawiye, Digil, and Rahanwiin,

and to a lesser extent of the smaller and less small Dir Clan families. (Ibid)

The only process that can solve in the future democratization political multi-parties system to

based on public views. Which also may make it easy for everyone voluntarily to join the party

he/she believes, it may be working to his/her political view. For example, liberal political view or

conservative political views and there will be public ownership of the parties.

Somalia public political opinion divided in to these two main political ideologies of a liberal

political view and conservative political view. To establish in Somalia any political parties based

on these views immediately the community may have an opportunity to possess the parties. And

everyone may enable to join his/her political view one. Also may contribute effort to play role of

his/her political view.

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For example, the research has found in advance that the Somalia people divided into these two

main political views of liberal and conservative. To explain a little, the liberal political view are

those have an interest to collaborate with the Globalization, internationalism, regionalism of

Africanism, while the conservative beliefs Arabism politically and ideological. As crisis group

reports mentioned, beyond the Horn Muslim Somali is very much linked to the Middle East, and

Egypt, Qatar, and Turkey are very active in the country. (Hogendoorn, 2013)

As the lessons learned from the developed countries those implemented multi-party systems,

those political parties already based on the perception of the public divided. Such liberal and

conservative, etc. the concerned question how many parties can establish in Somalia according to

public opinion division. From the previous experiences, some Somalia people believe that we

can‘t know how many parties are possible or useful for Somalia in the past (the 1960s) Somalia

had about 60 parties. But the current federal government may decide to limit the number of

political parties at the national level. (Faisal Roble, 2016)

For the previous experiences of the state multi-parties system in Somalia that based personal

interests as well as tribalism. Now there is a question of how could be current federalism multi-

parties system in the future, would it be a whole multi-party system? Which Mr. Bihi believed

when an actual federal system established at the same time in Somalia, the trust between the

people might achieve, I think, the Somali people would not mind diverting their loyalty from

tribal to political parties. (Abdinasir Bihi, 2016)

There is no doubt that if Somalia federalism implemented properly, as well as democratization

and political multi-parties, based on the public views may contribute to solve an ideological

dispute and Clan cleavage in Somalia.

For example, the Somaliland implemented political multi-party system but has never performed

a parties based on the people‘s political views or formed community‘s ownership, all three

parties based on a categories of individual ownership, and the political leadership of the parties

as well as voters based on tribalism, all members working for interest, not for ideology. (Nour,

2016)

For example, the UDUB party has been ruling Somaliland long time, when the UDUB lost

Somaliland leadership couldn‘t win an obligatory seat to sustain after Kulmiye political party has

won first time the leadership of the Somaliland. (Ibid)

Somalia is expected to establish the multi-party system shortly while nowadays increasing the

number of what so called parties. But no one based on public opinion, all most the parties based

on individual interest, who is going only to gain political position, and it may take a lot of time

and effort of leadership to have legitimate political parties in Somalia the prospect does not look

good. (Faisal Roble, 2016)

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It is critical to think Somalia future multi-parties political features those are expected to establish

near future in Somalia. While nowadays the number of political parties are increasing in Somalia

without based on public political views and only based on personal political interest and

Tribalism, Bihi thinks that to implement a multi-party system based on people's views in Somalia

is tough that a multi-party system can function in Somalia unless the federalism implemented

based on a constitution that is endorsed by the people of Somalia established. (Abdinasir Bihi,

2016)

However, the Somalia community divided in between a liberal ideology and conservative

ideology. Dirie, believes, Somalis are more conservative culturally, for the future, maybe there

will be a liberal group and it depends on the opportunities that parties provide to the community.

(Dirie, 2016)

In Somalia, some people believe the conservative ideology already out there firmly and controls

all most resources and social services, and as soon as multi-parties implemented in Somalia may

remain one party‘s domination. Even though Bihi thinks it is unlikely that political party with

conservative ideology may be able to dominate the political field, as the Somalia people are

against such groups. (Abdinasir Bihi, 2016)

However some Somalia people believed that the conservative ideology already out there strongly

in Somalia and controlled all resources and social services, as soon as multi-parties implemented,

and Somalia may remain one party‘s domination. Dr. Faisal Roble did not believe that what is

out there the religious group is high, but they are also divided, and No one party dominates the

entire country. (Faisal Roble, 2016)

From the previous experience in Somalia the people are divided into tribes, and now also there is

federal, so there is doubt how a comprehensive multi-party system may implemented in Somalia.

However, it is believed, the political multi-parties should required to register in every state, and

then people who run for parties must register in one party in any part of Somalia, so people will

be able to run in the name of parties. (Ibid)

Even if national political parties become two or three there is a question of how member states

do agree each party‘s presidential candidate, even though Dirie believed that it depends on could

manage as well as political power sharing of the federal states and states alliance also expected.

(Dirie, 2016)

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Somalia people accustomed political multi-parties based on tribal politics, and there is a question

of how may workout in Somalia a political multi-parties system based on public views. Those

the Somalia people may have a free choice to join for any political party working his/her view.

Mr. Elmi thinks it needs a lot of time and it requires attitude changing orientations and awareness

to build up the wisdom of the public to forget the previous views based on tribalism. In order the

community enable to choose, the one is working the need for the people, it is possible, but it may

take a time to implement political party based on public views. (Elmi, 2016)

The most of Africa recipe the democracy and multi-party system based on individual views and

their interest, so how may Somalia overcome to implement at national level a multiparty system

based on public opinion, which Ahmed said, before political parties registered, it has to be

restricted requirement to measure the public political views, each party to be based on public

opinion, and also needed Somalia people to accustomed a democracy and good governance, for

example, to implement in Somalia a political system based on from the districts may take part

democratization process. (Ahmed, 2016)

Even if the Somalia community divided liberal and conservative political ideologies, there may

be a possibility that federal states also divided conservative and liberal politically position

instead the people divided. Even though some people believed it is pre-judgment to mention, but

it is right to say states may not same political position because the states are the people

representatives. And may rule somewhere the people may be more conservative, such like

elsewhere in the world. (Mohamed, 2016)

It is believed the implementation of the federalism and political multi-parties system in Somalia

that based on the views that the public divided, may solve mistrusted tribal views of Somalia,

which Mr. Dirie fully agreed that it may make tighter and also it may stop Clan political formula

of 4.5. (Dirie, 2016)

However, Somalia people believed that the implementation of democracy and a multi-party

system in Somalia may be a solution for Clan disputes. It seems there may not be much outcome

than the previous, unless the multi-parties based on the public political views. Because it is

important community to own parties instead to be individual‘s properties. On the other hand, it

would not be a proper solution to be restricted small number for the political parties unless to

limit public political view which already people divided.

A political multi-party system may only contribute something for state-building of Somalia, if

Somalia is implemented a political multi-party system that different than the previous. And to be

based on the political views that the people divided. This may positively help for Somalia to

have teamwork government that has shared vision and the eradication of the previous political

tribalism system.

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4.6 POWER & RESPONSIBILITIES OF FEDERAL AND MEMBER STATES Somalia has faced several challenges of power competition between the president and prime-

minister that has not yet solved constitutionally. Mean while there may be another challenges of

federal member state‘s power competitions that may create also MPs division since they came

from different federal member states.

And it may be one of the most challenges that Somalia may face, even though some of Somalia

politicians believed that the representatives have right to advocate for their region constituency

but everything has to comes up with a vote of the majority representatives to make it in law, if

the officials cannot solve disputes, then it should be referred to the constitution court of the land

for final settlement. (Abdalla, 2016)

These power competition challenges may remain unless the accomplishment of the constitution

clearly indicating the power duty and responsibility of the president and prime-minister as well

as the power and role of responsibility of the federal state and member states. According to Act

for Somalia, March 2016, one of the key pillars of President Hassan Sheikh Mohamud‘s policy

pledges and aspiration was universal suffrage by 2016 within Somalia. This goal from the

beginning was ambitious and little effort was made to highlight this point by the government.

However, political disruptions in the form of disputes between the President, Prime Ministers,

Parliament and the Centre and Periphery, have no doubt delayed many of the Government‘s

policies and plans, including the one man one vote and state formation process which it

inevitably relied on.

Somalia has experienced one of the worst and most violent civil wars in modern history. As a

result, public and private institutions alongside other formal governance structures were

destroyed and non-existent for over two decades. (Act for Somalia, 2016)

Somalia after longtime survived civil war and disintegration agreed to adopt a federal political

system which does similarly Somalis residence features and different from the previous Somalia

political system that caused mistrusts and disintegrations. However, federalism has taken to solve

Somalia political power problems and even though there may be challenges of the duty

responsibility between the President and the pre-minister as well as federal state and federal

member state.

According to UNDP/UNPOS, federalism is a form of political decentralization of governmental

authority, in which there is power shared rule (in central government) and regional self-rule (in

the local administration). Unlike other forms of political decentralization, this combination of

shared rule and regional self-government is guaranteed and protected by the Constitution in a

federal system, and cannot be revoked by the central government, without constitutional

amendments, which require the consent of the regional governments. (UNDP/UNPOS, 2012)

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However Somalia federal political system was adopted to solve the disputes between difference

groups but there is still small challenges based on lack clear power indication of the groups

which the provisional constitution has very little explained power and responsibilities between

the president and prime-minister as well as federal state and federal member states.

For this time Somalia federal state leadership and federal member states leadership need a

platform to discuss all relevant issues related to power sharing responsibilities related who is

doing what since, all power reserved to the federal state, do not properly functional there is no

National Monetary policy there is no national defense and Immigration controlled the borders

may be it would be better to be negotiated by federal state and member states.

The Provisional Constitution provides for the following features of a federal system:

1. There shall be two levels of government (the Federal Government level and the Federal

Member State level of government, comprising the local authorities and the Federal Member

State governments) and the citizens elect both levels and accountable to them – see Articles 48

and 50.

2. The overall power of the state and its governmental responsibilities that shall be divided

between the Federal Government and the Federal Member State governments, pending their

creation. The specific allocation of powers and responsibilities shall be subject to further

negotiations about all matters, except for those relating to Foreign Affairs, National Defense,

Citizenship and Immigration, and Monetary Policy, which shall be part of the remit of the

Federal Government – see Article 54.

3. The Federal Member States shall be represented in decision-making at the Federal

Government level through the Upper House of the Federal Parliament, which shall comprise

representatives elected from the people in each Federal Member State – see Article 72. The

members of the Upper House of the Federal Parliament shall have a special responsibility to

represent the interests of the Federal Member State they represent – see Article 61 (3).

4. The federal system and the division of powers and responsibilities between the Federal

Government and the Federal Member State governments constitutionally protected. The system

cannot be revoked unilaterally by either level of government as amendments to the constitution

require the consent of both Houses of the Federal Parliament.

Therefore, demand the concurrence of the members of the Upper House of the Federal

Parliament, who represent the Federal Member States – see Articles 132-134.

5. There is an arbitration mechanism in place to settle disputes between the Federal

Government and the Federal Member State governments or differences among Federal Member

State governments.

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This mechanism involves an Interstate Commission see Article 111F and the Constitutional

Court as the final arbiter instance to decide and resolve such disputes – see Article 109C (1) (d).

According to the Provisional Constitution, Somalia has adopted a federal system and, once the

country is fully federated, the Federal Parliament will ultimately consist of two Houses: the

House of the People and the Upper House -see Article 55. The members of the House of the

People have a special duty to represent the people of the constituency from which they have been

elected, and the members of the Upper House will have a special duty to represent the Federal

Member States. From which they have been elected and to safeguard the federal system– see

Article 61.

The members of both Houses, however, shall at all times be guided by the interests of the

Somali nation as a whole – see Article 61 (1).

According to the constitution, the primary responsibility of the Federal Parliament will be to

make laws for the country, including any proposed changes to the Constitution – see Article 69

and 71. In the process of making the laws of the country, the two Houses will need to

collaborate, even though the House of the People has the power to overrule decisions of the

Upper House by two-thirds (2/3) majority vote of its total membership concerning all legislation

– see Articles 81-83.

Amendments to the Constitution, however, will always require the consent of the Upper House

of the Federal Parliament – see Articles 132-134.

Collaboration and joint decision-making between the two houses of the Federal Parliament will

also be required for the election and dismissal of the President of the Federal Republic of

Somalia – see Articles 89 and 92, the declaration of a State of Emergency – see Article 131 and

the declaration of war – see Article 71 (f).

To facilitate the joint decision making of both houses of the Federal Parliament, joint sittings

and the establishment of joint committees will be possible at all times – see Articles 57, 62 and

81 (3). (UNDP/UNPOS, 2012)

According to constitution, as the Provisional Constitution opts for a parliamentary system of

government, in which the executive is dependent on the continuous support of parliament, the

most critical political institution in the new Federal Republic of Somalia will be the New Federal

Parliament.

However, at the federal level the Prime Minister and Council of Ministers need only the

confidence of the House of the People of the Federal Parliament – see Articles 69 (2) (e), 90 (d),

100 (c). Consequently, the House of the People exercises some powers exclusively without need

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for the support of the Upper House of the Federal Parliament. This includes approval of most

members of Independent Commissions – see Article 69 (2) (a).

According to constitution, it is a specific duty of the Upper House to represent the interests of the

Federal Member States in any decision-making process of the Federal Parliament that is of

relevance to the Federal Government or the Federal Member States. Thus, amendments to the

constitution, declaration of a state of emergency, the appointment of members of the Judicial

Service Commission, the judges of the Constitutional Court, the members of the

The challenges of power responsibility of different groups are expect since a constitution clearly

given different responsibility to the each group these challenges would remain the power sharing

arrangements clearly showed how hard it is to convince different groups and conserve

democracy in the system of government especially in environments of conflict and competition

for dominance. (Abubakar, 2016)

According to Abubakar, 17 June 2016, Somalia has a history of a centralized system of

government since its independence with accumulated power at the national level. Therefore,

shifting from this system and transferring these powers to different representatives of the people

can sharply affect the general political atmosphere, whereby the accountability and transparency

resulting from federal system can improve the democratic system.

Somalia the adopted federal system, which is supposed to promote stability and unite the

fractured regions of the country under a strong federal government built on consensus, is yet to

achieve this desired goal. Ironically, the adopted federalism process led to early conflicts among

the local stakeholders over the system. (Ibid)

Due to the lack of honest federal leadership commitment to complete a provisional constitution

clearly presented power and responsibility as well as resource sharing.

Also the accomplishments of federal member state need clearly implementation of National

Independent Electoral Commission, the members of the Boundaries and Federation Commission,

and the members of the Interstate Commission, require the consent of a majority of members of

the Upper House of the Federal Parliament – see Article 71. The Upper House also votes in the

election and dismissal of the President of the Federal Republic of Somalia.

According to the Provisional Constitution, the President of the Federal Republic of Somalia shall

be the Head of State, the symbol of national unity, and the guardian and promoter of the

founding principles of the Constitution – see Article 87.

As Head of State the President can, among other tasks; sign draft laws passed by the Federal

Parliament into law; open the House of the People of the Federal Parliament and dissolve it when

its term expires; appoint senior government officials including the Prime Minister and the

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Council of Ministers subject to approval of Parliament; appoint the judges of the Constitutional

Court in accordance with Article 109B; serve as the Commander in Chief of the armed forces;

and declare a state of emergency and war in accordance with a law – see Article 90.

According to constitution, the President of the Federal Republic of Somalia will serve and fulfill

duties that relate to both the Federal Government and the Federal Member States. Therefore, in

order to strengthen legitimacy the President will be elected by both Houses of the Federal

Parliament in a joint session by a two-thirds (2/3) majority – see Article 89.

Only if after two rounds of voting no candidate gains the necessary two-thirds (2/3) majority, a

third round of voting will be conducted between the two candidates who gained the greatest

number of votes in the second round. The candidate gaining a simple majority of votes in this

round will be elected President of the Federal Republic of Somalia – see Article 89 (5) (d).

The term of office of the President of the Federal Republic of Somalia will be four (4) years.

According to constitution, the President may only be removed from office for treason, or for

gross violation of the Constitution or other laws of the Federal Republic of Somalia. The official

impeachment of the President requires a motion introduced by 1/3 of the total membership of the

House of the People. The Constitutional Court then decides if the case has legal grounds

following which the President can be dismissed by a two-thirds (2/3) majority vote of the

members of both houses of the Federal Parliament – see Article 92. (UNDP/UNPOS, 2012)

Somalia federal Provisional constitution did not clearly described the conflict areas of resource

sharing between federal and member states that were expected to complete the current

government of president Hassan Sh Mohamud. A Key concerns outlined by many stakeholders,

including regional state leadership and tribal elders, centered on the fair and transparent

formation of the Federal Member States and the review of the constitution. (Abubakar, 2016)

Somalia federal state challenges of power and responsibility solution was expecting the

accomplishment of the constitution which was neglected the current government, it seems, it

would be assignment to the next government‘s leadership which would be the success of

federalism contribution of Somalia state-building or failure of the hope.

4.7.1 CHALLENGES OF THE FEDERAL SYSTEM IN SOMALIA

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The priority mandates of the President Hassan Sh Mohamud and his government was the

accomplishment and the formation of the federal member states which is also the most challenge

of the federal state of Somalia.

First, there is the problem of the degree of devolution: namely, the amount of autonomy that the

Regional Member States may be allowed to exercise. At stake, here, is the right of Federal

Member States to negotiate with international and corporate entities, on their power.

The resources sharing and foreign investment also another challenge to the federal government

duty which not yet indicated to the provisional constitution, the federal member states wanted to

deal with the foreign investments, Because of the foreign investment necessary to their financial

sustainability. Also, the implementation of good governance of the Country could not sustain

unless to get foreign invest. Article 44 of the constitution stipulates that ―the allocation of natural

resources of the Federal Republic of Somalia shall be negotiated by, and agreed upon, by the

Federal Government and the Federal Member States by this Constitution.‖

With related to land, the Provisional Constitution allows the Federal Government to develop a

national land policy that provides for equity in the allocation of land and the use of its resources.

As a national standard but also needs to predict the willingness of the Federal Member States to

formulate their regional land policies– see Article 43.

The Somalia federal political system adopted to combine shared rule and self-rule as reflected in

the Provisional Constitution provisions on land and natural resources. The regulation of natural

resources and their use is subject to negotiations between the Federal Government and the

Federal Member State governments – see Article 44.

The protection of the environment is a priority duty of the Federal Government, but the Federal

Member States governments equally have a responsibility for the protection of the environment,

and the Federal Government needs to consult the Federal Member State governments when

adopting the general environment policies of the country – see Article 45.

The adoption of federalism and formation of the Puntland State, itself, was representative of

unwillingness to be subjected to centralized control from Mogadishu, a legacy that continues in

the form of ambivalence to central control. (Abubakar, 2016)

The federal government always reports due to security issues can‘t complete the formation of

federal member states but faced challenges greater than that; clannish leadership attitude is the

most challenged accomplishments of federal member states.

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However federal would be the solution for Somalia Abdalla believed in principal Somalis have

agreed to take the federal system, but the road ahead is bumpy and far away. It is too early to

define the present situation as a national system and accomplishment of federal member states.

The federal system starts when each state makes the necessary breakup and divides the authority

among its districts starting from districts and then regions. (Salah, 2016)

Ismail said the most challenges of federal member states formation from the regions reside

different tribes without sharing power equally such as Jubbaland state and Shabelle and Hiran.

(Aden, 2016)

The clan chiefs selected a board based 275 deputies which paved the way for the election of the

executive branch of the government would create a dispute between tribes in the same member

state, Abdalla said. Somalia had few warlords whose power base based on a clan militia who

could not reconcile among themselves and the other tribes living in the same regions. (Abdalla,

2016)

There will be another challenge of without following the federal provisional constitution it was

supposed to from a member state from 18 with the condition of two and more region can form a

federal member state, while Galmudug is one and a half region which claims federal member

states due to the alliance with the president. Which Galmudug state formed which doesn‘t fulfill

the requirements from a legal perspective, the merger of Galgaduud and south Mudug would not

meet the criteria for federal member statehood established by Article 49(6) of the Provisional

Constitution.

Even if it formed not through the legalizing by following legal system of the Parliament would

have to make an exception in this case since constitution not accepted one region and two

districts.

The Upper House of the Parliament will be another challenge it was supposed to select last 18

Regions, but federal government equally distributed federal member states those are not equal

size. That is why the members of the Upper House are supposed to be elected from the 18

regions of Somalia, and from the Federal Member States whose formation is ongoing. (Mubarak

& Mosley, 2014)

According to Bryden & Thomas, the creation of the Upper House of Parliament is likely to be far

less problematic than elections to the Lower House. The Provisional Constitution is silent as to

how members of the Upper House should be selected: Article 72 stipulates that there should be

no more than 54 members ―based on the eighteen (18) regions that existed in Somalia before

1991‖, equally distributed amongst the Federal Member States. And they should be

―representative of all member states of the communities of the Federal Republic of Somalia.

(Bryden & Thomas, 2015)

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It was unfair to given an equal number of Upper House seats for states sized each of them three

regions such like Jubbaland and Southwest, and the Galmudug which is sized one region and a

half. Which may make the matters more complicated; all Federal Member States must have the

same number of representatives in the Upper House. This issue will be a problem for years to

come, as some states may feel disadvantaged. For example, a state comprising four regions could

well complain that a state of only two regions has the same representation in the Upper House.

(Abdalla, 2016)

On the other hand, Abdalla added, it obvious that disputes will arise, and misinterpretation of the

law and conflicts of interest will come out, but this can overcome in many ways. Discussion and

reconciliation is one way to solve the problem. Reference to constitution and submission to the

constitutional court is another way to sort the differences that arise. (Surer & Hassan, 2015)

Almost every inch of the Somalia territory can be seen to ―belong‖ to a particular clan family,

including Benadir (the district in which Mogadishu located). These understandings of clan-based

regional ―ownership‖ play a part in the negotiation of the boundaries and constituencies of

upstart Federal Member States. (Ibid)

The asymmetric relationship between the Federal Member States currently under construction

(such as Galmudug and Jubaland) and the Federal Member States that already functionally exist

(Puntland stands alone) are clearly at issue. (Surer & Hassan, 2015) According to Surer and

Hassan, the Puntland Constitution, which reads that ―Puntland state resources belong to Puntland

people and the Puntland State may make agreements with national or foreign companies and give

them the exploitation of natural resources. (Ibid)

The most of these problems highlighted by disagreements over the provisional Constitution, the

final shape of federalism, and the relationships between the Federal Republic and the Federal

Member States, then, is undetermined. (Ibid)

4.8 INTERNATIONAL COMMUNITY ROLE

Since 1991 International community playing a constructive role in the peace-building state

building as well as the humanitarian aid for Somalia.

The International community held different Somali reconciliation meeting in various places since

1991 more than twenty reconciliation meeting took places also international community

supported Somalia humanitarian intervention and AMISOM peacekeepers.

The IGAD Summit held in Khartoum in January 2002 agreed to convene a new peace process

under the auspices of IGAD. The IGAD leaders assigned the responsibility of undertaking the

peace process to what they called the IGAD Technical Committee, which was composed of the

front-line states, Ethiopia, Djibouti, and Kenya. (Kidist, 2009)

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The longest period peace reconciliation conference that formed the current federal government in

Eldoret and Mbaghati was continuing two years that had the largest number of delegates those

more than 1000 imagine in Nairobi. The Eldoret/Mbaghati peace took over two years under the

auspices of IGAD, more than the time initially planned, which was six to nine months. (Memar,

2014)

This meeting was expecting a half year and invited 300 delegates, but more than 1000 came that

was made possible international community particularly IGAD countries. Independent Somalis

complained about marginalization and demanded seats. Consequently, instead of the 300

delegates envisioned by the organizers, over 1000 Somalis were present at Eldoret. (Kidist,

2009)

According to IGAD Communiqué, given the concerns raised by the Somalis, the Summit

decided ―to expand the Technical Committee, now renamed as the Facilitation Committee on the

Somali Peace Process led by Kenya, to include Djibouti, Eritrea, Ethiopia, Uganda, and Sudan.

(IGAD Communiqué, 2003)

The current Somali federal government achieved IGAD‘s extraordinary efforts of reconciliation

conference more than 1000 delegates participated in the period of two years. The Current Somali

federal government formed the latest manifestations of IGAD‟s commitment to establishing the

legitimate central government in Somalia. Moreover, they are the first peace processes in the

history of Somalia which reveal cooperation and relative convergence of interest among IGAD

member countries in particular and the international community in general. (Memar, 2014)

Due to IGAD commitments and financial supports Eldoret and Mbaghati reconciliation

conference different from the previous conferences several things, it was continuing the longest

period of two years largest number of participants and adopted most functional government since

1991. During the Somali peace process of Eldoret and Mbagathi and the formation of Somali

federal government, the IGAD countries had increased their engagement regarding financing the

peace processes than ever before. (Ibid)

IGAD‘s commitments and efforts were not only Eldoret and Mbaghati peace reconciliation

between Somalis but also brought Somalia issue to the international community not only Eldoret,

and Mbagathi peace processes were unique. Because IGAD had pushed the issue of Somalia in

the meetings of the African Union (AU), the United Nations (UN), and the United Nations

Security Council (UNSC) than ever before. (Ibid)

IGAD countries proposed to the international community to be imposed sanctions warlords that

exploded the Somalia peace process. IGAD warned those who deliberately continued to obstruct

the peace process that they risked certain measures being taken against them, including being

referred to the International Criminal Court (ICC). (Kidist, 2009)

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The IGAD countries getting help from international community established current Somali

federal government in the two years period. The collaboration and the commitment of the

international community and IGAD member countries had achieved Somalia representative and

legitimate government which elected with the participation of the Somali people. (Memar, 2014)

On October 10, 2004, the newly established Transitional Federal Parliament elected Abdullahi

Yusuf, the former President of Puntland, as President of the TFG. (Kidist, 2009)

However, other international community handled previous failed Somali peace process on the

other they were supporting, and the collaborating with the one IGAD organized for some support

to establish IGAD Peacekeeping Mission in Somalia (IGASOM). IGAD played a significant role

in securing financial assistance from donor countries. (Memar, 2014)

IGAD‘s solidarity to Somalia and international community supports increasing day after day.

Also, IGAD countries succeeded to make Somalia issue on African level and resulted that the

African Union has been actively involved in the Somali peace processes to play its peace-

building role since, signing the Djibouti peace accord between the Transitional Federal

Government and ARS (Alliance for the Re- Liberation of Somalia) in 2008. (Ibid)

Since then, however, IGAD countries contribution were high, on the other hand, AU has

provided technical support in preparing the National Security Stabilization Plan and has been

instrumental in securing the lifting of the UN arms embargo to allow the TFGII to maintain

peace and stability. (Healy, 2009)

According to the communiqué, the Mission would ―provide security support to the TFG and

guarantee the sustenance of the IGAD peace process and assist with the re-establishment of

peace and safety including training of the police and the army.

Somali federal government and IGAD countries kept in mind organized extremists groups

opposed the government and requested deployment of AMISOM from the African Union.

Because the deteriorating security situation, the heads of states and governments of IGAD issued

a communiqué on January 31, 2005, meeting in Abuja, Nigeria, on their plan to deploy a Peace

Support Mission to Somalia. (IGAD Communiqué, 2005)

According to IGAD Council of Ministers communiqué, the Council of Ministers expresses its

appreciation to the Ethiopian Government for all the sacrifices it has made to promote the

standard position of IGAD Member States, which entirely consistent with the commitment of the

organization for the success of the Transitional Federal Government, and for the interest of the

people of the IGAD region to achieve peace and stability and to protect the region from terrorists

and extremists. (IGAD Communiqué, 2007)

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IGAD and the African Union agreed and decided to deploy African mission of AMISOM

peacekeepers to the Somalia. African Union decided to send a peacekeeping force called

AMISOM to give security protection to TFGII and to overthrow the legitimacy of Al-Shabab.

(Memar, 2014)

All International community including IGAD countries has increased political and financial

supports to the Somali federal government. In collaboration with the international community,

AMISOM has been training and mentoring the core of a revitalized Somali National Army.

(Ibid)

The federal system that has now tailored to the different groups with the help of the UN and

other international community will help the people to take care of themselves from the grassroots

level. (Abdalla, 2016)

According to Buzanski, in 2012, hope finally arose for Somalis, with prospects to move away

from state failure and onto a path of state building and stability. Under intense international

pressure, the Somali political elite agreed on a provisional constitution and the formation of the

Federal Government of Somalia (FGS).

The International community and African Union mission of AMISOM supports weakened Al-

Shabab. This government has gained international recognition and funding and, backed by

African Union troops, stands as the best chance Somalis have seen to achieve peace. (Buzanski,

2015)

The International community recognized Somali federal government first time as the legitimate

government in 2013 since 1991 after central government collapsed. In support of FGS forces,

AMISOM has made significant advances in regaining territory from the Al-Shabab group,

starting in Mogadishu, and in the south and central Somalia, by the borders with Kenya and

Ethiopia, the important port of Kismayo, and, most recently, the militant stronghold of Barawe.

(Ibid)

After international community had recognized Somali federal government officially also

international community held new deal to support to rebuild the country of Somalia. Western

governments (including the United States) formally recognized a Somali government for the first

time in two decades. (Ibid)

The new deal conference of international community promised billion of financial support.

These commitments to Somalia‘s transition process have translated into an agreement called the

New Deal Compact, adopted in September 2013. (Ibid)

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The breakthrough document outlines a path for prioritization and coordination in state building

and achieving a peace settlement, and has a financial pledge attached of almost $2.5 billion.

(Ibid)

However, Somali in general, particular Somali federal government didn‘t sustain without

international community. There is little political will to go beyond that containment by investing

enough resources (including political, diplomatic, and human) to actually focus on growth,

development and setting a better governing environment for Somalis taking the helm. (Buzanski,

2012)

4.9 ENVISAGE EXPECTATION OF 2016

When President Hassan Shiek Mohamud elected in September 2012 was expected the

accomplishment of the Somalia federal provisional constitution and the formation of federal

member states as well as securitization of the country and the implementation of the good

governance and the democracy election of 2016 one man one vote.

All issues expected Hassan Shiek government enable to implement and confirmed lately 2016

election unable to be one man one vote. The Government of the Federal Republic of Somalia

admitted late last year that one man one vote was not viable given the enormous challenges to its

implementation. (Act for Somalia, 2016)

After the government had confirmed one man one vote election not possible to happen in

Somalia, the parts agreed on to have the bicameral parliament which will more advance the

previous one. According to Act for Somalia, the election model took into consideration the

bicameral system of parliament as envisaged in the Provisional Constitution 2012. The Lower

House will consist of 275 MPs chosen along the traditional 4.5 model, and the Regional States

will appoint all the 54 members of the Upper House. 48 Members of the Upper House will be

equally distributed among Somalia‘s existing and emerging Federal Member States. (Ibid)

While the Puntland and Somaliland states are more different than the other regarding size and

good governance and security stabilization. The remaining six members will be distributed

equally between Somaliland and Puntland in recognition of their political status and maturity

according to the Somali Federal Government. (Ibid)

The traditional Somali leadership used to select the previous Parliaments while current bicameral

legislature will be more competitive each seat will have at least three candidates, and 50 persons

of all the parts of the society will vote who is going to be new Somalia Parliamentary. Each

Parliamentarian must be selected by the most representative and largest number of people to

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include all sub-clans. The Political Parties laws must be finalized urgently to progress from the

Regional and Clan based election model to a political party system in 2020. (Ibid)

All the parts expect to secure 2016 elect to be better than the previous elections to be more

neutral to be a fair and free election to be inclusive to ensure good governance and democracy

system. Calling the 2016 electoral model ―literally unique, a one-off,‖ the Special Representative

said it is a midway point between the election of 2012, when only 135 electors selected 275

Members of Parliament and 2020, when ―all Somalis will have a say. (Key, 2016)

Federal state and all the member states expected to ensure the rights of minorities and women.

The 2016 electoral process must safeguard the rights of minority clans both in the Lower and

Upper Houses. (Act for Somalia, 2016)

I have asked Mohamed, what will 2016 election different than the previous election and what

would expect? Mohamed said definitely will better than the last elections due to several factors

for the first there political transition of the Somali society the people accustoming the will of

good governance. Next bicameral Parliament election took place in different parts of the country,

and this will be more neutral than the previous. But the expectation of the next government

depends on the president to be elected. Somali Parliament should ensure the president, not like

the previous presidents. (Abdirashid, 2016)

Mr. Keating said that the electoral process envisaged for 2016 would be significantly different

from 2012, as the Electoral College will be ―a hundred times larger‖ and there will be a ―genuine

choice‖ of candidates. (Act for Somalia, 2016)

The federal state and federal member state expected the public freely elected the representatives

to ensure public political participation and state ownership. The electoral process must be

organic, grassroots and community-based. There should be minimal interference from the

Central Government and Regional Administrations. (Act for Somalia, 2016)

30 percent of Somalia Parliament allocated women, but it will not be easy to make sure that

number it will expect around 15 to 20 percent. Mr. Keating highlighted that 30 percent of the

seats in Parliament are being reserved for women, an ―admirable commitment‖ that he said in

practice will not be easy in a clan-based model, but could mark a ―major milestone‖ in making

women‘s political empowerment and leadership a reality. (Ibid)

All the parts are scheduled to ensure quality and status of the Parliament candidates and to elect

both educational level and work activity. All Parliamentarians, male or female, must be qualified

and of good character to represent their constituents. The electorate is advised to select those that

will best serve their interests and fulfill their duty to the public and advance the development of

their country. (Ibid)

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The important question was the expectation of 2016 election different than the previous, the most

important would be the characteristic of leadership may be elected, they should be better than the

previous; on the other hand, all Somalia people have to have a positive expectation of 2016

election to be better than the previous. (Aden, 2016)

However, 2016 election expected an election which may not be postponed a year, but in few

days delay may happen.

Somalia future will depend on the leaderships will be elected in 2016 all the parts suggested to

ensure the quality of the leaders to be elected. It is vital to avoid a president from previous

groups president should be visionary free from tribalism and extremism. This significant

achievement paves the way for practical planning,‖ he said, noting that ―much remains to be

done in a very short period. (Act for Somalia, 2016)

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CHAPTER FIVE:

5.0 CONCLUSION & RECOMMENDATIONS:

5.1 Conclusion

Somalia didn't have one central administration before colonial, Somalia people resided

neighborhood tribes territory conflicts based pasture grazing and water, whenever disputes and

violence happen, the traditional elders used to solve. Somali traditional leadership used to

improve the relationship between tribes due to future cross-cutting especially when a drought

comes. Somali traditional governance used to base consultancy discussion sharing between the

men.

Somali traditional management changed and destroyed once when the colonial power came and

imposed western governance system and centralized command. Tribal boundaries and territory

also changed after colonial powers started to ally with some Somalia tribes and lifted to their

different tribes‘ also the colonial designed artificial boundaries; without based on facts which

restricted the movements and the relationship.

After Somalia government independence in 1960, a civilian democratic government elected but

formed western governance system while leaders were mostly the people close to the colonial

powers. Somalia people highly celebrated the freedom, which didn‘t become as they were

expecting, the governance didn‘t bring back to the public to feel state ownership, even though

first nine years there was a democracy and political multi-parties system. However, there was

public accusation and claims of corruption and tribalism.

It became worst when dictatorship seized the power military coup from limited democracy

government rule. The next regime begins military rule and imposed command from the top to

the public, the traditional governance route disappeared and destroyed. The administration had

begun preparation 1977 with Ethiopia, which was the primary cause of the government collapse

and start of the rebels group.

Somalia central government collapsed in 1991 and civil war begun and regrouping of the tribes

to the pre-colonial residential which was the resulted of the colonial impact and centralized

government of western system that remembered small group‘s power abuse and corruption.

The IGAD countries and the international community had started peace reconciliation

conference a months after a collapse of the central government in 1991. Unfortunately, most of

the peace process ended empty even though when each failed, that process had gained advantage

and experience to the next peace process.

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After 15 Somali peace process had failed, the Eldoret and Mbaghati peace conference from 2002

up to 2004 had adopted a federal political system to be a solution to the conflicts that caused a

centralized government system and dictator leadership. Somalis agreed to take a federal political

system due to the Somalia resided features of Somalia block administrations to unite self-rule

and shared-rule of federalism.

The adoption of a federal political system in Somalia, to implement indeed would be a solution

to Somalis to re-establish a functional government and to contribute good governance,

democratization process, and security stabilization, as well as public political participation and

people‘s state ownership.

In overall, it is clear that the federal political system would be both conflict prevention and the

viable instrument tool to resolve the mistrusts and the disputes between Somalia people, those

occurred the previous power abuses and to avoid the violation of authority abuses of a small

group. Federalism could prevent power abuse, conflict and civil war due to small group power

and resources domination. Federalism self-rule and shared-rule would enable to the Somalia

resources and power sharing.

Somalia adopted the federal political system as proper and viable political institution, to facilitate

the accommodation of the Somalia regions cleavages to combine into one by self-rule and shared

rule. The significance of self-rule and a shared-rule is power decentralizing to the local

community which enables public policy participation.

Consequently, Somalis work together for federalizing implementation of in any essential state-

building for Somalia government. The federal political system is the viable political system that

may create Somalia people‘s state ownership. On the other hand, the international community

support commitments should address the enhancing local community participation to the good

governance and democratization, which may create the adoption of the federal political system,

to contribute a lot for Somalia state-building.

5.2 RECOMMENDATION

The Somalia people should decide the formation of the decentralization administration from the

districts to the regions and member states to the federal state of Somalia; the people should

recognize themselves and come up with the feeling of state ownership, by working together with

the stability and the wellbeing of Somalia nation.

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The nonattendance accomplishment of clear self-rules and shared-rule of the Somalia Federalism

is the greatest obstacle that Somalia state-building faced after the central government collapsed,

the fear from the power to be a hands of a small group, had created mistrust between societies.

Somalia people should to accept the purpose of the federalism is to heal the previous entrusts and

power abuses. And federalism is only to contribute the accommodation the trustee between

people by self-rule and shared-rule of federalism, which enables Somalia society to have good

governance, democratization that public, may have political participation.

Somalia functional administrations should to have a commitment to the reconciliation between

Somalia people and policy of national political stabilization. And should to be serious the

implementation and the accomplishment of the federalizing as well as signed agreements.

Somalia political leaders should have national agenda which is free from selfishness and clannish

animosities, Somalia political leaders should show to the public a good sign of state-building and

peace-building, honestly.

Somalia leaders should decide honestly the collaboration of the accomplishments for Somalia

state-building, good governance and democratization by preparing political multi-parties system

that based on the Somalia people political views. Somalia leaders should avoid clannish political

parties or individual interests, and should implement a democracy of one man and one vote in

Somalia 2021 through the political multi parties system.

The International community, African Union, and IGAD should prepare valuable awards of a

good leadership and long term series investments projects for the federal member states that

implemented the achievements of good governance and security stabilization to be development

champion of Somalia state-building. The International community support for Somalia should

impose conditional requirements of the achievements of good governance, security stability as

well as democratization process.

The international community, Somalia federal state, and federal member states should work

together with the accomplishment of the provisional constitution indicates resources sharing,

Somalia to enable foreign investment, which may contribute capacity building of government

institution, as well as Job creation for Somalia youth to avoid the extremism and human

trafficking.

The international community, African Union, and IGAD have to prepare special programs of

attitude building and positive thinking for Somalia Youth, particular high School students and

Universities both the Neighbor countries and Somalia. To create a Somalia youth network that

frees from extremism and conservativism by teaching the importance of the functional

government of Somalia that plays a great role in the Region like trade collaboration and regional

integration.

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5.4 DECLARATION

I hereby say publicly that this thesis is my original work and that will not submit or present for

any other institution than the Addis Ababa University, institute for peace and security studies,

and that all sources of resources used for the thesis have been suitably acknowledged.

____________________

MOHAMED ADEN FARAH

JUNE 2017