NASSIR Posted October 27, 2006 THE SOMALI RECONCILIATION PROCESS: Past Challenges, Future Prospects, and Lesson Learned In Peace Building October 23, 2006 Background National Reconciliation Initiatives For almost 15 years since the collapse of central authority in Somalia, the country did not have a recognized functioning government. Prolonged civil war and inter-clan conflicts resulted in massive destruction and incalculable loss of human life and property. During this period, 14 national reconciliation meetings were held outside the country, mostly sponsored by the countries of the region under the auspices of the Regional Organizations of IGAD, AU, and /or the Arab League. The above mentioned initiatives included meetings held in: Sodere, Ethiopia – Jan 1997 Cairo, Egypt – May to June 1997 Arta, Djibouti – 2001 etc. All these meetings failed(1) and they could not be implemented on the ground. Some of the contributory factors for these failures were the following: The reconciliation meetings were externally initiated and organized by the host governments concerned – i.e. the Somalis did not exercise ownership of the process as expected. Reconciliation process was not broad based and inclusive. For example, in the Sodere meeting, only faction leaders (warlords) were the invited participants, while at Arta, the Djibouti government placed emphasis on clan representation and warlords were excluded. There was undue interference by some host governments who had a different agenda on Somalia. The fact that the meetings were held outside the country did not provide a conducive atmosphere for the involvement of Somali community leaders and clan elders whose contribution was essential for the success of the process. The National Reconciliation Conference --Nairobi-2003 Somali Transition President Abdiqasim Salad Hassan ® witnesses officials from his government take part in signing an accord with other Somali leaders January 29,2004 in Nairobi. Somali warlords and politicians signed a landmark accord on the formation of a parliarment that will elect a national president for the wartorn horn of Africa country. REUTERS/Patrick Olum Against this backdrop of failures and setbacks, the 15th Somali National Reconciliation Conference (SNRC) was held in Nairobi, Kenya 2003.(2) 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. The Conference was successfully concluded with the formal adoption of a Federal Transitional Charter; followed by the inauguration of a Transitional Federal Parliament in August 2004, election of a President in 2004, and finally the granting of the vote of confidence to a Prime Minister and the establishment of a Transitional Federal Government (TFG) in early 2005. This reconciliation process was different from similar previous processes since it was broad based and all-inclusive with the full participation of all the stakeholders including the warlords, traditional elders, civil society leaders and existing Regional Administrations (with the exception of Somaliland). The outcome of the conference was also unique since this was the first time within the last 15 years when a Somali government formed by an inclusive reconciliation conference was established and relocated in Somali territory. This by itself was a significant unprecedented accomplishment. Somalia's newly elected Somali President Abdulahi Yusuf (L) holds hands with his newly appointed Prime Minister Mohamed Ali Ghedi after addressing the media in Kenya's capital Nairobi, November 3, 2004. Somalia's new president chose academic Geedi as prime minister on Wednesday, overlooking the powerful warlords and clan chiefs who have dragged the country through 13 years of civil war and anarchy. REUTERS The second important outcome of the Nairobi process was the sustainability of the SNRC’s Transitional Institutions and their use as an appropriate platform for institutional evolution and continuing reconciliation process to resolve outstanding differences and conflicts. This was amply demonstrated by the negotiations that led to the agreement concluded by the President of the Transitional Federal Government Hon. Abdullahi Yusuf and the Speaker of Parliament Hon. Sharif Hassan Sheikh Aden, which took place in Aden, Yemen, on 5th January 2006. The agreement broke the deadlock within the Transitional Institutions and called for the convening of the first Session of the Transitional Parliament in Baidoa, Somalia. It is significant to note that this high-level reconciliation meeting which was held through the mediation efforts of the President of Yemen proved to be a milestone in the Somali reconciliation process as it brought together rival groups in the Government and Parliament. The agreement ended the longstanding dispute over the site of the seat of parliament and facilitated the convening of the inaugural session of Parliament in Baidoa on the 26th February 2006. The initiative was welcomed by the United Nations, regional organizations and the International Community. This was an important development, which opened the door for the positive cooperation, unity, and solidarity of the members of government and parliament. Regional Peace Building and Reconciliation Process While national reconciliation was generally achieved at high-level political engagements, greater efforts were required to consolidate, expand, and develop the reconciliation process at regional and district levels. Unfortunately, the TFG, as presently constituted, lacks the effectiveness and resources to implement concrete action-oriented plans for peace, reconciliation, and nation building. In the case of Somaliland and Puntland, significant results have been achieved in the realization of these goals.(3) Generally, the people in these areas have demonstrated a sense of responsibility and political maturity to resolve their internal disputes and conflicts peacefully by the use of indigenous methods through dialogue and reconciliation, using the mediation efforts of traditional clan elders. In consequence, the endeavors made by traditional elders and community leaders have positively contributed to peace building and reconciliation. In Somaliland, thanks to the role of traditional leaders, it has constituted and institutionalized the Council of Elders known as the “Guurti”. The Guurti has been established in early 1990s and it has been functioning there effectively as a mechanism for mediation, reconciliation, and conflict resolution. For the past few years, the institution of the Guurti, in the exercise of its mandate, has successfully tackled and resolved a number of disputes. In Puntland, similarly a council of elders known as “Golaha Isimada” has been established in late 1990s, with the agreement of the clan communities. Generally, Puntlanders gave these elders the power to use their moral authority to intervene as necessary in conflict situations that threaten peace and stability of the Puntland Regional State. It is important to note that the remarkable achievements in both Somaliland and Puntland have been, in a large measure, due to the ceaseless efforts deployed by traditional leaders in resolving local conflicts and the overwhelming support they enjoy from their constituencies and the public at large. While complimenting the relative peace and stability in Puntland and Somaliland, it should be noted that Puntland, unlike Somaliland, continue to subscribe and support the reconstitution and revival of a united Somali central government. Somaliland, on the other hand, unilaterally declared its secession from the rest of Somalia, proclaiming its sovereignty over what constituted the former British Somaliland Protectorate. However, Somaliland secession remains unrecognized by the International Community as well as by at least two regions (Sool and Sanaag) which constitute about 40% of the land of Somaliland. With the collapse of central authority, the traditional elders of these two regions opted to join Puntland rather than join Somaliland’s secessionist project. In Mogadishu and Banadir Region, in recent months, the Sharia courts with the support of some clan elders have contributed to peace and local administration building. This has been a positive development. However, more determined efforts are required to create a favorable environment for dialogue and peace building. In Central and Southern Regions, in particular, where persistent and prolonged tension and conflict have generated widespread hostilities, there is an urgent need for peace and reconciliation. Traditional elders of the Region have become weak and marginalized in the face of the continuing armed conflict and are incapable to engage in serious mediation efforts. It is reported that some progress has been achieved in the peace negotiations among the local rival clan groups in the Bay Region area but unless genuine reconciliation is launched and agreement reached by the parties under government leadership, it would be difficult to re establish durable peace in the conflict affected Districts. It will therefore be necessary that the TFG should use its institutional authority to encourage the local population to promote reconciliation and establish their own administrations in order to restore law and order. The TFG’s National Reconciliation Commission, once it becomes functional, should play an important role in this regard. Lessons Learned The lessons to be learned from past Somali national reconciliation experiences maybe summarized as follows: The reconciliation process should be Somali owned; it should be organised, conducted and implemented by Somalis without foreign interference; however, Somali authorities may request external assistance as may be needed from time to time. Somali Reconciliation should be comprehensive, broad-based and all-inclusive. All stakeholders: Government, Political Factions, Community Elders, Women, Youth, grassroots organizations etc. should take part. Some national reconciliation meetings in the past were exclusionary and limited only to some selected groups and consequently ended in failure – Sodere and Arta reconciliation initiatives are clear examples. To be effective, all future Somali reconciliation processes should be held and conducted within the Somali territory. Past experiences has shown that reconciliation processes held outside the country generally ended in failure due to foreign interference and manipulation by some countries of the region. Reconciliation processes held inside the country stand better chances of success. The Somali public will perceive such reconciliation conference held in their back yard as their own, thus positively influencing the dynamic of the reconciliation process. The national media press and radio will take advantage of the opportunity and give a wide public coverage of the progress of the reconciliation process. With the collapse of central authority and the absence of national political parties, finding a viable representation mechanism in selecting delegates to the above mentioned conferences turned out to be illusive and controversial. A desperate attempt to find a solution to this dilemma resulted in the adoption, of the 4.5 proportional clan-based formulas, initially coined in Arta and later adopted in the Nairobi conference. This is a dangerous precedent which will lead to the institutionalization of clanism in all aspects of governance, thus resulting in an on-going controversies and decisive competition for power. As one critic of this formula put it: tomorrow we will end demanding that ‘office messengers’ be divided on the basis of the 4.5 formula. This representation formula should be seen as an interim conflict resolution conflict and should be replaced by representation based on interest on the ground, preferably new regions that transcends clan-traditional boundaries. Reconciliation Needs Assessment The need for dialogue and reconciliation will be a major part of the peace building program of the Transitional Federal Government. This is an issue of great national importance and urgency. Concrete preparatory plans and strategies are now underway for the necessary consultation to take place between members of parliament, traditional leaders, civil society leaders and community based elders to facilitate organizing meetings for the cessation of hostilities and promoting peace and reconciliation in the conflict affected districts in Central and Southern regions. It is gratifying to note that the current session of parliament in Baidoa has taken a decision to place the issue of reconciliation as a priority item in its agenda. National Reconciliation Commission (NRC) The membership of National Reconciliation Commission (NRC) have been appointed and confirmed by parliament, as provided by article (4) of the Federal Transitional Charter. Now that the Commission has been established, it should be strengthened to enable it to discharge its duties successfully. The NRC will need to define its structure and functions and draw up its future plans of work at central and regional levels. It should have the necessary administrative and operational facilities both in terms of human and material resources and infrastructure. Capacity Building Capacity building is an issue of paramount importance for the new institution. In this regard, the Commission should be supported by a group of locally based scholars and other individuals knowledgeable about reconciliation and peace building processes, and about the training necessary for successfully implementing such processes. These individuals, who would form a Consultative Panel, should be drawn from local centers of learning (universities, colleges, non-governmental organizations specializing in peace building) and would be available to assist the NRC in planning local and regional reconciliation initiatives, and in developing a body of facilitators who would actually carryout reconciliation processes in local centers. Central to the tasks to be carried out by such a Consultative Panel would be: The development of practical guidelines for reconciliation initiatives, based upon “lessons learned” from such processes carried out regionally and involving traditional Somali means of achieving peace and stability (the activities of the elders and respected local leaders, the role of women’s groups, the involvement of all local groups – but especially armed actors – in developing impartial and credible security systems etc.); A review of alternative reconciliation processes based upon appropriate African models (for example, it would be useful to examine the use of traditional “Gacacha” processes in Rwanda and Burundi; and The development of practical proposals to deal with problems accompanying the return of refugees and IDPs to their place of origin and the conflicts that can be anticipated to arise from disputes over ownership of land and property that had changed hands during the 15 year conflict. The NRC work plan would specifically include the regional meetings and conferences to be held in conflict affected districts, particularly in the capital Mogadishu, central and Southern Regions.(5) In order to strengthen the peace and reconciliation process further, an awareness generating campaign should be launched through the mass media. Training workshops on conflict resolution and reconciliation should be organized with the full and active participation of Members of Parliament, community elders, religious leaders, youth, women and representatives of grass root organizations. To insure the successful outcome of these meetings, it is important that they be properly organized; broad based and all inclusive and they should be held within Somali territory. Recommendations In an effort to promote reconciliation and peace building goals and objectives as provided in the Transitional Federal Charter, it is important the TFG should embark on a concerted policy and plan of action approved at the highest political level with a well defined time frame and implementation targets. The following specific measures should be under taken to consolidate and lay down the appropriate framework for strengthening and institutionalizing the reconciliation process not only nationally but also at regional, district and grassroots levels. Recommendations may include the following: Identify and initiate plans for the establishment, and construction of fully equipped administration offices for NRC at central, Regional and District levels. Organize training seminars and workshops in peace building and reconciliation for the commission members, traditional leaders, MPs, and Ministers. Support traditional conflict prevention and resolution mechanisms and strengthen the role of the elders and community leaders so that they are involved in peace making and reconciliation processes. Organize training and discussion seminars on peace building and reconciliation and workshops on ‘lessons learned’ for commission members, traditional leaders, MPs and ministers. The Consultative Panel would be responsible for organizing such workshops on appropriate campuses of local colleges or universities, for involving appropriate outsiders knowledgeable about reconciliation processes (e.g. facilitated dialogues, issues of IDP return, the utility of truth commissions), and for collating useful and practical material on reconciliation processes into handbooks for use in Somalia. Continue the expansion programme for the building NRC administration premises at a Regional, District and Grass root level. Assist the NRC in institutional building to undertake its operational activities and programmes including: Preparatory plans and strategies for the necessary communication to take place between Members of Parliament and traditional elders, civil society leaders, NGO’s, etc. Convening Regional meeting and conferences in conflict affected districts in Central and Southern Regions like Hiiran, Gedo, Galgadud, Benadir/Mogadishu and Lower Shabelle. Training workshops in conflict resolution to be organised with the participation of Members of Parliament, community elders, religious leaders, etc. Awareness generating campaigns on reconciliation to be launched through the mass media; Radio and TV. The Issue of Reconciliation and Land/Property Disputes An important issue before the Reconciliation Commission would be the question of longstanding land disputes and how to tackle it. The collapse of the central authority in Somalia in 1991 and the ensuing civil war, forced many Somalis to abandon their homes, land, farms and other possessions. In many parts of the country, abandoned properties and other possessions were illegally occupied or appropriated by individuals without the consent of the real owners.(6) Obviously the commission will not be able to successfully engage in the process of inter clan reconciliation unless the issue of usurped land and property is seriously addressed and the properties are returned to their rightful owners. The newly established NRC should give priority attention to this problem in the exercise of its mandate, which should combine, as its title indicates, both issues of reconciliation and the restoration of land/property. Transitional Justice Mechanisms The NCR should recommend to the TFG that transitional justice in the form of the South African model of Truth And Rreconciliation Commission be established without delay. The establishment of such a Commission would positively contribute to the peace and reconciliation process. Ahmed A. Hassan E-Mail: ahmedh60@gmail.com WardheerNews For further peek to references and notes, go to WardheerNews.com Quote Share this post Link to post Share on other sites
Taleexi Posted October 27, 2006 Mr. Caamir, thanks for the piece it contains valuable information pertaining the Somali dilemma and makes some recommendations for the way forward. Quote Share this post Link to post Share on other sites
NASSIR Posted October 27, 2006 Will the National Reconciliation Commission that has been appointed be up to the challenge? The author has given workable recommendations from the background of both traditional and African models of dialogue, mediation and conflict resolution. You wlc Mansa. Quote Share this post Link to post Share on other sites
