It is difficult to explain after 51 years of independence the root causes of the political and humanitarian catastrophe in Somalia. For the innocent Somali people made victims daily by the Al-Shabaab’s criminal brutality and foreign AMISOM occupation, the answer is painfully clear: the absence of the rule of law.
Contrary to widespread notions, Somali people are not by nature any more anarchic, divided, or dysfunctional than other developing societies in the world. In fact, the absence of the rule of law is what precipitated the current destruction of the Somali institutions and allowed the foreign Al-Qaeda controlled Al Shabaab terrorists and the Ethiopian regime to butcher hundreds of innocent civilians in Mogadishu since 2007.
What is the Rule of Law for Somalis?
Most educated Somalis know the rule of law is having a functional Somali court system, competent police force with trained officers, and a credible National Constitution to mediate the competing clannish and individual interests. Sadly, since 1960 when Somalia gained Independence from Italy and Great Britain the people have not fully enjoyed any rule of law through state institutions.
The closet that Somalia came during post- independence to the rule of law was during the initial Military Revolutionary Council from 1970-73. As history shows, just as the rule of law was gaining momentum within Somalia the clannish dictator Siyaad Barre and his supporters actively eliminate any source of authority outside of their own.
After the fall of the Barre dictatorship and vicious tribal war, many Somalis have come to see the rule of law in Western nations. It is this rule of law which allows ordinary Somalis in the Diaspora to enjoy the safety to invest in the lives of their families and make contributions to those left behind back home.
Even in impoverished African countries like Kenya and Tanzania (which have their own problems of corruption and institutionalized tribalism); Somalis are nevertheless able to live peacefully and make contributions because of the minimal rule of law. The rule of law ensures that everyone, irrespective of background, feels a level of security and trust in the system that they work to uphold peace.
In Southern Somalia, since the rule of law is non-existent this has created no incentive for the corrupt Transitional Federal Government of Sharif Sheikh Ahmed to reform. The TFG leaders do not want to become a government that upholds the law since they very much would like to remain immune to accountability for their actions. The TFG leadership has stolen millions of dollars under the name of the Somali people at behest of neighbouring dictatorial regimes. In particular, the corruption and incompetence of the TFG is what has enabled unbridled criminality, daytime massacres, warlord gangs, and worse of all Al-Qaeda terrorists to wage unending genocide against Mogadishu residents.
Moreover, it is the legacy of the violent Siyaad Barre dictatorship, along with institutionalized clannism and widespread mistrust that caused a rotting moral corruption of Somali leaders everywhere. Unfortunately, this moral corruption has deprived any Somali group the ability to realistically govern Somalia under the rule of law for the past 20 years.
Al-Shabaab: An Obstacle to Rule of Law
Currently, the foreign Al-Qaeda controlled Al-Shabaab militias are attempting to fundamentally destroy any semblance of the rule of law in Somalia through wanton massacres of Somali civilians. Many Somalis have recently come to understand that the Al-Shabaab attacks are design to send the message that Somali blood is worthless.
What’s more, The Al-Shabaab gangs are also subverting the Somali culture itself (recently outlawing the Somali language altogether!) in-order to destabilize any national identity or shared Somali heritage in the population. Moreover, since the Al Shabaab is foreign funded and controlled by the Al-Qaeda masters they very much despise peace in Mogadishu. Naturally, the Al-Qaeda organization has been built on crimes and religious extremism by renegade Arabs who are fleeing the rule of law. In such a context, countless innocent Somalis have now become massacred by these criminal terrorists who recognize no laws, culture, or humanity outside of their ideological and racist extremism.
Conclusion
The international community led by Turkey and the United Nations must help the Somali people to establish the rule of law. The Al-Shabaab terrorists are a direct enemy to the rule of law in Somalia. While the Al-Shabaab are now being military defeated, it is only the Somali people, specifically Mogadishu residents who can ensure them from destabilizing the country.
Secondly, the most important tasks that are prerequisite to rebuild the Somali state relate to ensuring the rule of law prevails. The rule of law directly means forming a real National Government. A National Government which is headed by experienced Somali professionals and patriotic individuals who are is interested in “transferring state power” to the courts of justice backed up by national police force and a Constitution.
Unfortunately, the TFG under Sharif Sheikh Ahmed does not have the moral legitimacy or competency to guide the Somali people to peace. The problem is the TFG gang, similar to the Al-Shabaab criminals, is not genuinely interested in becoming a functioning government. They are too busy robbing the Somali people and actively serving the anti-Somalia interests of neighbouring dictatorial regimes in Addis Ababa, Kampala, and Djibouti.
If Somali people— the collective victims— have managed to live together, establish business and schools without the existence of any organized national government for the last 20 years, then they should be able with the concerted help of the international community and through their own resources to greatly prosper inside their own homeland under the rule of law. Yet, will the international donor countries finally understand the root causes of the Somalia catastrophe, the brutal Al-Shabaab and Al-Qaeda terror is the absence of the rule of law?
Dr. M. Omar Hashi
wadijir@hotmail.com
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Rule of Law Can Save Somalia
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