Nairobi, Kenya
[12 March 2003]

Mbagathi, Nairobi
The Somali peace process underway in Mbagathi, Nairobi, is finally moving up ahead with some tangible progress. Ambassador Bethuel Kiplagat, Kenya's special envoy, is an experienced diplomat and a capable hand with a clear mandate. He has already mastered the ways of Somali delegates and their true intentions, whether revealed or not; he knows who has legitimacy and who doesn't; he differentiates leaders from followers; he knows who is a peace delegate and who is a mere spoiler proud of blocking the gradual return to peace and stability; and he knows too the aggressor - representing the Invader Class from Mogadishu and Kismayo - from the aggrieved.

For Somalia and for this peace process, those are the best God given talents a diplomat, with a clear mandate from IGAD and front line states, could have or develop to reign on the un-elected and unrepresentative warlords in Mbagathi, Nairobi, whose responsibilities, among many, include derailing any attempt at peace and nationhood in Somalia, at any cost.

Therefore, is it not reasonable for any nation, UN official, diplomat or individual to ask the following: why would these warlords do what they do and have done consistently for over ten years? The reasons are many, but the most credible fact and historical one is as follows: certain so-called leaders in Mbagathi represent and are part and parcel of The Invader Class (a/k/a "Scrap Merchants...by Professor I. M. Lewis") that sacked Mogadishu and recently Kismayo, and who looted and confiscated almost all of Somalia's properties - almost all of them previously concentrated in Mogadishu and surroundings, including but not limited to Banks, factories, telecommunication companies, national monuments, water pipes, building rooftops, telephone poles, copper lines, military hardware, farms, and both private and public land and properties. Equipped with looted wealth, these Mogadishu and Kismayo warlords, backed by certain Arab states and extremist groups, are rightly intimidated by the notion of a nation that stands for justice and accountability. But do these warlords matter to each other and to their claimed and receding constituents, or what is left of it, any more?

The answer is a resounding no! As their loot dwindles, and precious trees are turned into charcoal exported to Arab states, the only thing that remains for them are debilitated buildings and drug growing farms; these warlords, contained in some parts of Mogadishu and Kismayo, are today getting weaker by the month. They have no relevance in Mogadishu and no respect from their former constituents, who are today mere captives of the same warlords. As for Mogadishu's Arab showmanship and decadence in the form of a Transitional National Government (TNG), its relevance is fortunately being sorely contained in certain Arab capitals.

On matters of regional authorities, and to indicate the spread of peace and stability to most of Somalia, and of course to prove the powerlessness of these warlords and their shrinking base, today there exists two de facto regional entities, Puntland and Somaliland, representing half of Somalia. Moreover, there is the Hiiran Administration, the Rahanwein Resistance Army (RRA), and the Jowhar Administration led by the Honorable Mohamed Omar Habeeb (Mohamed Dheere). Add it all up, and the combined land mass of these self-governing authorities represent well over 75% of Somalia.

With an undeniable regional autonomy, the second question any nation, diplomat or individual might ask is: why would anyone put up with torpedoes and roadblocks laid by unrepresentative warlords supported by Arab donations? Given the experience of the last couple of weeks, the understanding and determination of the front line states, and the skills of Ambassador Kiplagat in particular, these warlords - we hope - will no longer be allowed to dictate to the world, to regional authorities, and to the majority of peace-loving Somalis; and if so clearly understood by all, then peace and restoration of nationhood to Somalia is not that far off.

Hargeisa, Somaliland
All self-loving Somalis should be proud of the achievements of the people of northern Somalia. Compared to the constant clan and sub-clan animosities in Mogadishu and surroundings, the peaceful reconciliation of northern Somalia clans is no small feat.

Nevertheless, from a historical perspective, compared to the myriad of clan conflicts between the rest of Somalis - between Hawiye and Daarood; Hawiye and Dir against Daarood; between Daarood; Hawiye against Hawiye; and so on and on... - the northern Somali clan conflict, was limited to amongst Dir clans, or more specifically, was solely between the dominant Isaaq sub-clans. The ever-peaceful Gadarbursi (also Dir), who are to the western part of the region (Awdal region) towards Djibouti, were never part of any Dir clan conflict. At any rate, peace today prevails between the Dir clans/sub-clans. However, in Somalia, with peace and reconciliation come additional claims.

On matters of the often mentioned claim to sovereignty, some often ignored questions come to mind: where is the present day geographical location of Somaliland; and did it not, as a legal entity, cease to exist after the union? During the union, were not all parties to the union adequately informed, represented, and therefore not under the least of duress? If we deduce this, as is legally factual, to be an emphatic YEA; then, is it not true, under the law, that ignorance of the law is neither an excuse nor an adequate defense? Then if so, is it not true that sovereign states, such as Somalia, have no expiry date and are constituted with perpetual life? The answer is of course in the affirmative!

It is also often argued in some circles that the Somali State is "incapable of enforcing its laws;" therefore, they claim, "the state is no longer adequate to all, and therefore ceases to exist." Nevertheless, while this theory appeals to some, legally or otherwise, it holds no water. Under the law, lack of proper enforcement of existing laws doesn't constitute that they shouldn't be followed; it doesn't mean that new laws could randomly be enacted by anyone or any entity, which neither likes nor cares about the existing laws. In fact and in spirit, it is given and negotiated among law abiding citizens that laws will always be on the books, until they are properly appealed or amended by the proper authorities with the proper jurisdiction. It is understood by all understanding men that the rule of law is what separates civilized men from the uncivilized, law abiding citizens from criminals.

Without going too far and legalistically too complicated, it could undeniably be stated that Somalia was always a unitary state. Therefore, from a legal perspective, we do agree with Mr. Kiplagat that IGAD, the Arab League, the UN, USA, the AU, the EU and every other entity on the face of the earth is "for the territorial integrity and unity of Somalia. It is implied that Somaliland is included in Somalia."

By law - without ifs and buts - and by the full force of the law and not merely a priori or posteriori, until a further conclusive event negotiated by all occurs, all matters relating to the Somali entity and unity, still stand where they stood at the collapse of the military regime, which most of Somaliland's current political leaders were part of, including president Dahir Riyale Kahin, who is accused of taking part the 1980s atrocities of the Siad Barre regime.

As for Somaliland's prior leaders, some astounding after office developments: its founding president, Abdirahman A. Ali "Tuur," after having moved out to Mogadishu from Hargeysa (currently in Hargeysa), as of this day, firmly stands for the territorial integrity and unity of Somalia. "De mortuis nil nisi bonum" or do not speak ill of the dead, has been a sound advice since the beginning of mankind, but Somaliland's late president, a onetime prime minister of the Somali Republic, a Siad Barre regime cabinet member and Ambassador to India, the Honorable Mohamed Ibrahim Egal, until his untimely death, has always waited for the right opportunity to rule Somalia again. In succession, with the scheming and bankrolling of Djibouti and Egypt, Mr. Dahir Riyale Kahin, together with his previous mentor in the Siad Barre regime, Mr. Abdiqasim Salad Hassan, against the advise of friendly Ethiopia, continues the mixed messages, Horn destabilization policies and furthering of stealthily Arab interests.

Somaliland vs Puntland
Coming back to the previous question of geographical location of Somaliland, in understanding the Somali clan structure, is it not self-evident that after the collapse of the Somali government, the Somali void has been filled by the ever-present Somali clan structure? The answer is a resounding yes! If then so, is it not extremely clear to conclude, given Somalia's fluid clan structure, that "same birds flock together?" In other words, in recent Somali history, it has always been a self-evident and undeniable truth that each clan sought, and still seeks, safety, reassurance and security from its own.

Again, coming back to the clan structure, is it not the northern Dir clan - Isaaq being the predominant clan - that is Somaliland? On the other hand, in the neighboring regional state, is it not the Harti - a subgroup of the larger Daarood clan - that joined together and formed Puntland? If the answers to all those questions are resounding YEA, then, is it logical for one clan/sub-clan to claim or attempt to claim and confiscate the traditional clan territories - properties, grazing lands, pasture and water - of another neighboring clan/sub-clan? Therefore, in the same breath, will it be logical for the Harti sub-clans to claim or attempt to confiscate the traditional northern Dir clan territories and, in the name of Somali unity, try to get away with it? We hope not!

If this seems all illogical and without consequence, it is; and it is the 21 century Somali dilemma. According to the ICG Africa Report N°59, "...property disputes are among the most grievous obstacles to a peace settlement" in Somalia. However, there is hope as the situation in northern Somalia is not similar to that of Mogadishu and Kismayo, as there are no armed clan conflicts, no occupied territories, but mere political wrangling, which seems to have already been decided by the dominant factor in Somali politics, the CLAN STRUCTURE.

In the meantime, having shed some light on the northern Somali clan territories; having analyzed the present day Somali matters in in-depth; and given Somalia's clan fluidity, foreign interests and interventions, desperate warlords, political wrangling and the peaceful standoff between Puntland (Harti) and Somaliland (Isaaq), we do agree with Ambassador Kiplagat and the IGAD Technical Committee to let Somaliland leaders wait out the Nairobi peace process. In our humble opinion, peace, cohesion and stability in Somaliland is first and foremost more important than a participation in a political gathering.

In conclusion, we do again agree with Ambassador Kiplagat and the IGAD Technical Committee that if the Hargeisa administration insists on sitting out, they should not be forced to join in, but on the contrary, the remaining Somalis should "carry on with the conference and come to some arrangement...," and after formation of a government, with the help of the international community, take up the issue again. Soon after establishing a highly decentralized federal Somalia, according to existing prior precedents and the nation's post independence terms, and after factoring out the southern Dir overrepresentation, a consensus supervised by members of the international community and not by a Somali sub-clan, could definitely be reached as to the terms, the number of seats in the cabinet and parliament. Therefore, given this predictive peaceful environment, as Flag Officer David Farragut's move up the Mississippi River, during the American civil war to take New Orleans, we encourage the EU, IGAD, the Front Line States, and the Somali leader's committee to "Damn the torpedoes, full speed ahead" and form a viable, legitimate and representative Somali government.

SHASNA* Editorial Board
cc: Members

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*SHASNA is a worldwide advocacy group. We stand for the unity and peaceful coexistence of the Somali people. We support the creation of a federal system of governance to safeguard the security, tenuous peace, and emerging free markets of Somalia. We support the promotion of good governance, grassroots advocacy, accountability and the continuos search for development and democratic values. SHASNA encourages corporate and individual investments in Somalia, in areas of health, education, information technology and media.