Friday, May 28, 2010

Somalia: Anarchy is Order

In comparison with other Eastern African countries Somalia has reached obvious success in many spheres for the last 20 years despite periods of chaos; and the most peculiar is the fact that it has been achieved without any governmental rule in the country.

Each period of chaos and violence in Somalia was caused by an attempt to create a centralized government from outside. The last such attempt took place when the Transitional Federal Government (TFG) was created in 2006 under the guidance of Ethiopia and the USA. Fight against TFG made the Islamic Courts Union (Al-Shabaab) stronger. Al-Shabaab managed to create an actual government and seize control of southern provinces and the former capital Mogadishu. In December of 2006 Ethiopian troops invaded Somalia, defeated Al-Shabaab and moved TFG to Mogadishu. TFG has actually no power and is not supported by any substantial part of population. Attacks against soldiers and officials loyal to TFG are happening eventually. It remains unclear, whether TFG manages to control the whole country.

Outbreaks of violence and military crimes took place in Somalia within ten years between the withdrawal of American troops and Ethiopian intervention. However, they can not be even compared to violence of the civil war and General Barre’s dictatorship.

Somalian customary law is based on traditions interpreted and followed by decentralized clan structure. Xeer appeared long before the colonial period and remained valid when Somalia was a colony. After Somalia became independent, the central government made attempts to replace Xeer with state law. However, people in rural regions and borderlands continued to follow the customary law. After the collapse of Somali state the majority returned to traditional law.

Xeer prohibits murder, assaults, burglary, robbery, theft, arson, blackmail, tortures, beating, causing severe injuries (including those due to negligence), rape, kidnapping, causing harm to property. Xeer is mainly focused not on punishments but on compensations for the damage caused. This is an outline of people who are famous as pirates of XXIst century.

http://www.eastwest-review.com/article/somalia-anarchy-order-part-i

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