Duke's : The Case against the Clan Courts

[General Duke]

The Case against the Clan Courts

 

The Islamic Courts Union of Somalia or ICU as they have titled themselves are according to Pro Abdi Shiekh Samatar “ Neither Islamic nor courts nor a union, but a combination of ethnic, clans wrapping themselves in Islamic flag”

 

Thus the author’s title of Clan Courts is appropriate, while I agree that one must respect the title individuals or groups give themselves the word “Islamic” is far too sacred and important to be used in the dirty world of Somali clan politics.

 

Who are these Clan Courts?

 

The Clan Courts are primarily the well armed clans that made up the now defunct USC movement. Some analyst observe that the rise to power of these courts was a reaction by the USC to the election victory of President Yusuf and thus this support from the media, and groups aligned to the USC is based on clan interest and not religion. The faith is mean to give the movement the necessary cover it needs to gain funds and support inside and outside the country.

 

The militia leaders of the courts are mostly the same as those that used to lead the forces of the now ousted warlords of the USC. The difference is that the Clan Courts are more organized and have centralized authority.

 

The most powerful courts are the following:

 

1. IFKA-XALIN, representing the Guriceel clan interest including the lower Shabbele.

 

2. CHIRCOOLE/Alfurqan represents the interest of the Cadaado and South Mudug clan. They are closely aligned with Ifka-Xalin..

 

3. SISIS/Banadir company, this is an interesting alliance of clans from North Mogadishu, this courts represents the Abukar Cadaan interst notably one of the most powerful players of the courts due to his connection to outside groups. His son Abduqadir is the finance chief of the whole courts.

 

4. Al-Shabaab: This some say is the most powerful militia forces and includes clan from other parts of Mogadishu and represents the interest of the younger more religious wing of courts.

 

The courts have brought about change

 

Indeed the courts have brought about a great deal of change in terms of securing Mogadishu and bringing a single order to the former capital and largest city of Somalia.

However they have not improved upon the anti government sentiment of the warlords and in fact have gone further in their opposition to the government by adding religion to the usual arguments of clan interest and anti-Ethiopia rhetoric of the warlords.

They have been unwilling so far to address the occupation of the south, looted properties, protection of unarmed clans. Their aim is to unify Somalia by force, and even search for Somaliweyn but not address the pressing issues affecting the people of Afgoyee.

 

They are religious they have a Shura, and wear religious dress

 

Indeed the clan courts have rebranded themselves as religious gone are the suits and western names and in comes the Islamic hats and garb. Also note how the PhD, and officer titles have been replaced with Shiekh, Imam, Macalin and of course the father of someone, Abu Qutabe, Abu Mansoor, and I even heard Abu Maryam a few times.

Does this highlight the movement is more religious?

 

The Shura a religious body headed by Xasan Dahir Aways, as if Xasan Dahir is a later day Ayatollah Khomeini, who was the top leader of Iran at the time. Is Xasan Dahir even the top religious leader of Mogadishu let alone Somalia?

 

Also what does one say about the religious authority of this Shura, built in secrecy and which has warlords Cirfo and IndaCade as members?

 

The fact tha Abukar Cadaan controls the national port and even Kismayu’s port highlights that business and self enrichment were central to the rise of the courts. How religious is it to take money from the national institutions?

 

Occupation of the lower Shabbele and the Juba’s

 

The controversial issue of the lower Shabbele haunts the Clan Courts supporters. The leader of the Shura Xasan Dahir, the head of security of the Courts IndaCade and others are allegedly directly involved in the occupation of the fertile lower Shabbele and are involved in the running of the Juba’s.

While many try to deny, avoid or even sometimes justify the continued suffering of the south, many have realized that this issue is the greatest testament to the clan centric and exploitative agenda of the courts.

 

The courts have banned Qad in both Kismayu and Mogadishu, but have not dared so far to ban in the villages of the lower Shabbele. Some see this as another example of the protection of the business interest of certain clans while disregarding and abusing the locals.

 

Foreign fighters and outside elements

 

What has given the clan courts their advantage over the warlords has been the number of foreign fighters and trainers who have fought side by side with the clan courts in their battle for Mogadishu and even the takeover of Kismayu and so on.

It is amusing that the courts are against peacekeepers and attack Ethiopia while all along they are getting arms and support from as many as 11 nations including Eritrea.

Some of their foreign fighters have even burned the national flag all in the pretence of being Islamic.

 

Conclusion

 

The Clan Courts have brought about security to Mogadishu, but who controls Mogadishu, who has benefited from the opening of the port? Have the people been empowered?

The answer is the courts have given power to a select few individuals who represent the armed clans of Mogadishu. The occupation of lower Shabbele continues and corruption has been institutionalized in the case of the Cadaans.

 

The people of Mogadishu can ever more freely but they have yet to regain their city.

[General Duke]

They are religious they have a Shura, and wear religious dress

 

Indeed the clan courts have rebranded themselves as religious gone are the suits and western names and in comes the Islamic hats and garb. Also note how the PhD, and officer titles have been replaced with Shiekh, Imam, Macalin and of course the father of someone, Abu Qutabe, Abu Mansoor, and I even heard Abu Maryam a few times.

Does this highlight the movement is more religious?

 

The Shura a religious body headed by Xasan Dahir Aways, as if Xasan Dahir is a later day Ayatollah Khomeini, who was the top leader of Iran at the time. Is Xasan Dahir even the top religious leader of Mogadishu let alone Somalia?

 

Also what does one say about the religious authority of this Shura, built in secrecy and which has warlords Cirfo and IndaCade as members?

 

The fact tha Abukar Cadaan controls the national port and even Kismayu’s port highlights that business and self enrichment were central to the rise of the courts. How religious is it to take money from the national institutions?

[Allamagan]

Amin Amir said it all!