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Conflict Research Programme

The Security Sector Reform Paradox in Somalia


Abdeta Dribssa Beyene
2 The Security Sector Reform Paradox in Somalia

Abstract to have a security sector while the


international community is involved in
Somalia’s Federal Government (SFG) tries to reforming that sector at the centre in
assert a ‘monopoly of coercion’ in the country Somalia. This paper tries to explain the
that is contested. Sovereignty is de facto inconsistencies that arise from using the
shared with other internal actors as well as security sector concept and sets out the
Somalia’s neighbours that are actively problems of reforming it in states such as
engaged. Moreover, a number of domestic Somalia where all the assumptions that a
actors contest the state’s monopoly of power. security sector is conceived on do not apply.
These actors have their own institutions that Moreover, the government’s monopoly of
compete with the state institutions that violence is contested through informal rules
challenge the latter’s governance efforts as and the violence that other non-state actors
well. The SFG came into being when the exercise, whereby constituencies cooperate
majority of the Federal Member States (FMS) willingly or unwillingly, and with a
were already well established and functioning peacekeeping framework where the UN
beyond Mogadishu’s control. This implies claims that there is ‘no peace to keep.’
that the processes of incorporating the Hence, the existence of that monopoly of
Federal Member States back into the SFG coercion or the likelihood of one emerging
fold will necessitate a concerted effort of seems a distant possibility. All of this would
elite bargaining and may well be an uphill require another explanation and advance a
struggle if the methodology is force. The different framework—the security arena that
SFG’s feeble legitimacy, as well as the provides an objective assessment of
existence of competing economic and Somalia’s current status—that could better
political structures and its inability to obtain explain the existing reality in the country and
buy-in the capital’s constituencies makes the the futile exercise of security sector reform
effort to exercise monopoly of violence even that is consuming huge resources from
more challenging. The FMS appear to be Somalia itself and from elsewhere.
inexorably attached to their constituencies
and there is obviously complementarity in
FMS governance and clan rules. Clan identity
and a majoritarian arrangement play the
biggest role. This in turn explains why FMS
exercise coercive capacities of violence in
areas that the central government has little or
no control over. Non-state actors such as al-
Shabaab also exercise power in areas they
control directly, and virtually in areas where
others, including the SFG, claim to have
territorial control.

This redistributed monopoly of violence


places the issue of security and the security
sector in Somalia under greater scrutiny. The
question therefore is whether one can claim
3 The Security Sector Reform Paradox in Somalia

Introduction Somalia currently. Moreover, the main


assumptions in the security sector reform
State security—peace and security of the paradigm are the existence of an agreement
people and the country—continue to be the between belligerent parties that the
raison d’être for states, which always have a international community supports, and a
security policy in their engagements.1 These process that will lead to the state’s monopoly
engagements are sometimes conducted with of coercion or reforms that lead to the state’s
states whose sovereignty is damaged and all-but guaranteed monopoly of coercion. Given
whose capacity to exercise state functions in the current circumstances of the country,
the territories they claim to represent is achieving this in Somalia is a Sisyphean task.
contested. States also deal with non-state In Somalia one observes that capacity has
actors for similar reasons. In this case been redistributed and there are multiple
international rules do not provide mechanisms actors, including AMISOM—a peace
to allow states neighbouring weak states to enforcement military engagement with a
engage non-state actors—neither in similar mandate to the UN’s failed attempt in
cooperation nor contestation—who control Somalia in the early 1990s—although the
areas adjacent to their borders in order to fend actors that AMISOM engages are completely
off real or perceived threats. What is more different.
interesting is the way the international
community tries to handle the security sectors A number of actors and institutions challenge
of those failed states and engage them without the state’s monopoly of coercion in Somalia.
considering the policies and concerns of The first reality is the existence of a number of
countries in the neighbourhood, including administrations that exercise their respective
those who are involved in peacekeeping and powers to maintain relative peace and stability;
stabilization. these are known as the Federal Member States
(FMS). The second is related to the existence
Moreover, there is in fact a pretence that there of informal institutions that govern the
is a security sector in the failed or weak state in behaviour of individuals involved in the
question—Somalia—and that its reform will maintenance of peace and security for the SFG
help in the creation of sustainable peace and and various non-state actors. These rules
stability, as well as in bringing about good sometimes defy the state in exercising the
governance through the full implementation of monopoly of coercion. Incorporating them
the rule of law. Within the context of the therefore will help to legitimize the process.3
security sector there is a need for But mechanisms to incorporate these informal
management of a multiplicity of actors, institutions have yet to be created for
demobilization and integration of militias, Somalia’s governance structures on a national
establishment of the rule of law and scale. A third reality is the existence of third-
construction of a security governance system party actors that share the state’s monopoly of
that protects the society from threats.2 But coercion. In this connection, the SFG has
none of these are goals are achievable in accepted the sub-contracting of the monopoly

1 Mesfin and Beyene: “The Practicalities of Living with Failed 2 Paul Jackson in Schnabel and Farr (eds.) 2012: Back to the
States,” Daedalus, 146, 4 (Winter 2018), 128-140. Roots: Security Sector Reform and Development, Geneva Center
for Democratic Control of Armed Forces.
3
Ibid.
4 The Security Sector Reform Paradox in Somalia

of coercion to AMISOM’s forces and Somalia’s and the existing diversity of the actors and the
neighbours, who are exercising coercion in the interface between formal and informal
border areas as members of the peacekeeping institutions that govern the behaviour of
force. But these countries also exercise individuals, groups, state and non-state actors
coercion directly or through proxies in their at local and federal levels? Should we invest in
respective buffer zones.4 Furthermore, the reforming the ‘security sector’ in Somalia at all?
existence of non-state actors that coerce Is the international community doing the right
constituencies, such as terrorist groups thing in its engagement in the name of
including al-Shabaab and the Islamic State in reforming the security sector with everyone’s
Somalia (ISS) that use parts of Somalia’s consent? What is the alternative? What works
ungoverned spaces and even exercise coercion and what don’t in Somalia?
in areas under the control of state actors in
order to have a virtual impact, is another On the other hand, Somalia’s peace support
aspect that affects the SFG’s monopoly of mission’s actors are more organized than any
coercion. These three realities explain how the of the Somali actors in the security arena.
effort of reforming Somalia’s security sector Hence, the application of security sector
would be challenging, and nearly impossible. reform is a political pretext, a supply driven
The interaction of these three factors and their from donors that Somalis use to collect rents
individual roles in explaining how far one can and financial benefits and its treatment in
go in transforming the ‘security sector,’ Somalia is quite disjointed. Security sector is
indicates the need to look at realities and driven because there is a supply that Somalis
reinforce or change the realities in order to interact with as an opportunity to be milked.
move forward. Looking at the parameters for sending
peacekeeping forces, which vary from place to
Therefore, the questions that follow are these: place depending on the urgency and gravity of
How does the relationship between the SFG the situation and perhaps more importantly,
and the FMS affect the state’s monopoly of the interests of great powers, investigation of
coercion? Given the fact that militias act on the this aspect in the Somalia context is critical. In
basis of their clan’s perceived and/or real the short history of peacekeeping, countries
interests, how does this impact the ability of like Somalia have certainly been treated
the security institutions to provide security? indifferently. Somalia was an arena that a
Can we talk of security sector reform for a peace enforcement mission was tried and
country with a fragmented clan system, whose failed for the first time in the 1990s. Indeed, the
government is not enjoying the monopoly of UN continues, even today, to claim that there is
coercion and there is no process or a clear ‘no peace to keep’ there. But if there is no
insight that frames a possibility for a monopoly peace to keep, why deploy a continental force
of coercion? Given the complex realities of and mandate it? In fact the African Union
Somalia, can we properly consider the existing Mission in Somalia (AMISOM) is there with a
security sector and its eventual reform mandate to protect SFG institutions, although
representative of all the stakeholders or is it a it is also engaged in an enforcement mission,
farce? If so, what can provide a better combatting extremist groups as well as
framework to explain the realities of Somalia assisting Somalis and the federal government

4 Mesfin and Beyene: “The Practicalities of Living with Failed


States”, Daedalus, 146, 4 (Winter 2018), 128-140.
5 The Security Sector Reform Paradox in Somalia

in Mogadishu in building capacities. It is That is why it is critical to investigate the


paradoxical that the AU mission deployed in existence of competing powers in Somalia—
Somalia has this mandate through the UN between the centre and the periphery and their
Security Council (UNSC), while the UN itself respective relations—the presence of informal
says there is no peace to keep in Somalia. institutions that undermine the monopoly of
coercion in areas that the SFG controls, the
Clearly, the UN could have said that the UN presence and mandate of AMISOM with little
Charter does not give the Security Council the consideration of the neighbourhood, and the
mandate to deploy a combat force. However, existence of a sustained but very much divided
appreciating Africa’s recognition of the danger monopoly of violence. This will help one to
groups such as al-Shabaab create for Somalia understand how Somalia’s security sector and
and the region as well as the international its possible reform remain a futile exercise.
community, the UNSC fully supported the Moreover, looking at the changing realities and
African initiative to send a combat force, the security complexes of the Horn of Africa
providing resources and the mandate through will help in further explicating the challenges
subsidiarity.5 Somalia faces in its overall state-building
effort.
Unfortunately, there is a clear lack of interest in
what is going on in Somalia among the major Somalia and the regional context
powers in the Security Council and the UN
bureaucracy. They continuously discouraged The Horn of Africa is the most challenging and
the deployment of the UN peacekeeping force conflict-ridden region of Africa (Menkhaus
in Somalia. Somalia’s neighbours, who are 2010, Redai, Reno, Prunier). Conflicts in the
capable and prepared to fight al-Shabaab, if Horn of Africa region have created two new
engaged constructively could create a reality in states, Eritrea and the Republic of South
Somalia that would allow the international Sudan, since the end of the Cold War and after
community to engage in Somalia differently. three and four decades of devastating civil
The UN continues to pretend that ‘there is no wars respectively. The region has been
peace to keep’ in Somalia, while creating a half- ravaged by Cold War rivalries and proxy wars.
hearted mechanism for continental or regional It also hosts failed states with security
actors to tender bids, creating a preferable implications for the region and beyond,
alternative both in terms of costs and including the possibility of new breakaway
sacrifices to sending a UN peacekeeping force states. There are a number of reasons for the
to Somalia. It is within this context that one troubles in the Horn. The fundamental problem
should inquire into the aspects of security of peace and security within the
sector reform that partners embark on in Intergovernmental Authority for Development
Somalia. (IGAD)6 region is due to the lack of respect
some states7 have for the basic principles

5
There is a need for reference here on subsidiarity. 7
The IGAD countries of the Horn of Africa include Djibouti,
6 IGAD was established as an intergovernmental authority for Eritrea (withdrawn from its membership because of the war
drought and desertification (IGADD) in 1986, but revitalized in between Ethiopia and Eritrea and Eritrea’s subsequent
1996 to incorporate three priority areas of peace and security, accusations of the organization being a stooge for Ethiopia’s
food security and environmental protection and the foreign policies, it has however now been readmitted in
development of infrastructure in the region. It was renamed the September 2018), Ethiopia, Kenya, Somalia, South Sudan, the
Intergovernmental Authority on Development in 1996 as part of Sudan and Uganda.
that revitalization.
6 The Security Sector Reform Paradox in Somalia

governing interstate relations, their dismissal Eritrea conflict, both during the independence
of international law or even the rule of law in struggle of Eritrea in the 1960s-80s and the
general, as well as lack of any concept of a border conflict between Ethiopia and Eritrea
democratic culture of peace or of mutual that resulted in the 1998-2000 war.10 Following
respect.8 Some of the region’s governments the war, Eritrea’s effort to use Somalia for a
have made no effort to obey the basic principle proxy war against Ethiopia contributed to
of non-interference in the internal affairs of crises at the regional level.
other countries. Equally, the lack of
development, abject poverty, state failure, weak Egypt’s role in Somalia and the region in
institutions and structures of governance, general has been directly connected to what it
environmental degradation, drought and other calls a ‘national security matter linked to the
calamities have significantly contributed to Nile waters.’11 Whenever Ethiopia and Somalia
problems in the Horn. IGAD member states went to war in the 1960s and 70s, Egypt played
certainly recognize these facts, and the a visible role both in terms of material and
organization has formulated a Peace and political support against Ethiopia mobilized
Security Strategy, endorsed by its policy from the Arab world. Ethiopia’s leaders have
organs, to address these problems.9 The always been concerned about the asymmetric
predatory nature of the states and their hostile relationship between the Horn and the Gulf
relations, the proxy wars that the region has countries, and they have considered any
continued to play host to, big power politics implementation of Egyptian policies in the
and regional rivalries and the effects of Gulf Horn with direct or indirect financing from the
crisis spill-over into the Horn all in tandem Gulf a catastrophe.12
complicate Somalia’s effort to achieve stability
and a sustainable peace as well as to build a Egyptian leaders have successfully created an
government that is acceptable to the major illusion that the Nile waters belong to Arabs
actors within the country and beyond. and hence should be protected from use by the
upper riparian states at any cost. Hence all
The region was the site of major Cold War their regional policy considered this as the
activity in the 1970s and 80s and continues to basis irrespective of their public pledge. When
endure ongoing but substantial interventions the Muslim Brotherhood came to power
by outside rival powers that are competing in following the Arab Spring protests in Egypt,
the emerging multi-polar world. Other factors some Egyptian politicians suggested that it
such as the region’s proximity to the Middle was necessary to play what they call the
East and the exportable nature of the Gulf Ogaden and the Oromia cards, and they also
crisis and its repercussions in the Horn, and suggested possible support for opposition
the fact that the region is the source of the Nile groups and seizing opportunities to exploit
waters, which remains a security issue for
lower riparian states such as Egypt, make the
politics in the Horn of Africa unpredictable and
fickle. Egypt has played a role in the Ethiopia-

8 The IGAD Peace and Security Strategy include a number of 11 Interviewwith retired foreign ministry official of Ethiopia, June
factors for the regions’ problems. 2018.
9 The practical implementation of the peace and security 12 Alex de Waal (2018): The Future of Ethiopia, Developmental

strategy has yet to be seen. State or Political Marketplace? World Peace Foundation.
10
CDRC Digest (2017).
7 The Security Sector Reform Paradox in Somalia

‘Ethiopia’s fragility’13 in a live but ‘mistakenly’14 the security arena observed in Somalia would
broadcasted debate. Ethiopia is currently remain in place for a long time to come.
building the ‘Great Ethiopian Renaissance
Dam,’ the second largest dam on the Nile River 1) The existence of autonomous FMS, non-
(the Egyptian Aswan Dam is the biggest dam state actors and international actors
involved in the security arena
on the river), and this adds more concern for
Egyptians and their politicians. Ethiopia, the More than 27 years have elapsed since
Sudan and Egypt have yet to clearly stipulate Somalia enjoyed a functional government.
and agree on the impact of the dam, which Despite their reputation for homogeneity,
means that this issue will continue to feature in which may be based on the fact that the
the foreign policy and security calculations of majority of Somalis share the same language,
these countries. religion, physical features and cultures,
Somalis have been unable to re-establish their
The Gulf crisis and its impact on Somalia is united and cohesive state since 1991. Indeed,
another issue that needs to be taken into by default, Somalia has divided itself into areas
consideration in the analysis of the regional of different administrations, creating clan-
context. This is critical since the GCC crisis has based governance structures. This has
affected Somalia directly. Although Saudi encouraged the creation of a security arena
Arabia and the United Arab Emirates have where autonomous actors play roles.
reconciled Ethiopia and Eritrea and brought Numerous other internal and external actors in
Djibouti and Somalia into the fold the objective
Somalia share the security arena as well.
is to instrumentalize the situation for their own
interests rather than create sustainable peace Somalia’s unity and territorial integrity is
and stability in the Horn. The Gulf countries considered sacrosanct as a member of the
have always engaged in a divide-and-rule game
regional organizations of IGAD, the League of
in this region.15 One cannot convince Somalis Arab States (LAS), the Organization of Islamic
that the leadership of the SFG deserves the Cooperation (OIC), the AU and the UN. But in
treatment it has received elsewhere, while reality Somalia’s internal configuration is far
unable to forge consensus in the country.16 from the conventional single state, as the
Somalia’s political and security developments
international community recognizes the
should be viewed in light of these realities and country. Internal administrative set-ups like
the issues contributing to the tremendous Somaliland, Puntland, Galmudug, Hir-Shebelle,
challenges of state-building and the creation of Jubaland, the South West administration and
an effective security system in the country Al-Shabaab and the Islamic State in Somalia
must be identified. This would also mean that (ISIS) share the security arena with the Federal

13
Ethiopia’s building of the Grand Renaissance Dam on the Nile possible the Egyptian ruling party might have purposefully aired
River has provoked an intense political debate in Egypt over the broadcast live to reveal opposition weaknesses, but the
whether Egypt should strike the Dam militarily or not. That broadcast created panic in the Egyptian media. More on this
debate has yet to settle. In the first week of June 2013, senior can be found at www.danielberhaneworldpress.com
government officials and opposition party leaders held a 14
Some argued that the live transmission was done
national dialogue in Cairo, ‘mistakenly’ transmitted live on an purposefully to discredit politicians there in the eyes of Ethiopia
Egyptian TV channel. Some opposition leaders asked for a and show that the Muslim Brothers leaders wanted to show
military strike targeting the Dam, or suggested leveraging Ethiopia’s leaders that they are the best interlocutors to deal
through Ethiopian opposition groups or Ethiopia’s neighbors to with. Some suggest the situation rather backfired in all aspects.
undermine Ethiopia’s interests, to force the country stop 15 Interview with senior member of the Hiraal Institute, Addis

building the Dam. The opposition wanted to capitalize on the Ababa, September 20, 2018.
fears of Egyptian citizens to get some political benefits. It is 16
Ibid.
8 The Security Sector Reform Paradox in Somalia

Government of Somalia, and all exercise their that claims Somaliland’s independent
various coercive capacities to determine the statehood. The state aspires for international
behaviours of the people that they govern, recognition but yet has to achieve it. A
directly or virtually. The geography of the functional state that aspires to independence
country and the long coastlines that the and international recognition might have a
country has allows these administrations have difficulty to prioritize perfect cooperation and
their external interlocutors and conduct a coordination with Somalia per se. Somaliland
foreign policy without the centre’s consent, authorities declared their separation from the
which in turn impacts the security arena in rest of Somalia in 1991, but thus far they have
different ways. International actors including failed to secure international recognition.19
Somalia’s neighbours—Kenya and Ethiopia, in Moreover, Somaliland’s leaders follow
particular—acting unilaterally and within the developments in Mogadishu very closely, and
context of AMISOM (comprising Uganda, they have engaged Mogadishu in a dialogue,
Ethiopia, Kenya, Djibouti as well as other which Turkey has facilitated, though there has
countries who have contributed to the police been no progress in either the effort to secure
force and the civilian component, including the independence or in creating a framework for
United States and others)—also act within the their future relationship. Somaliland gives the
security arena. All of these have made issue priority as it is trying to secure
contributions, both in strengthening the state’s concessions from the south. Mogadishu
monopoly of coercion and undermining it. But thinks that Somaliland leaders came to the
there is a need to assess how these regional negotiating table because they have lost hope
administrations operate within the country, of obtaining international recognition. These
their political visions and what these mean for different premises do not provide a realistic
the security arena and its sustainability in basis for any serious negotiation. It is rather a
Somalia. question of two parallel lines, which can never
meet. Somaliland’s institutions operate
a) Somaliland properly, and the state has control over the
majority of the territory, although Puntland and
In the north-western part of the country there is Khatoumo states challenge Somaliland’s
Somaliland, a former British protectorate on 26 control in the eastern part of the country.
June 196017, but joined Mogadishu with the
intention to recover the lost territory (the One needs also to consider the fact that in
Haud—the place where Somalis from the Somaliland clan rules also operate in a
northwest use for grazing their herds—that complimentary way with formal state
Somaliland claims to have been unfairly institutions. The fact that the Somali National
handed over to Ethiopia in the 1940s) and unite Movement (SNM) embedded clan leaders as
all Somali speaking territories.18 Somaliland is the main pillar of the struggle against Siad
a functional state, unilaterally declared its Barre’s regime helped to strengthen the
independence after endorsing a constitution complementarity between the formal and

17 Ministryof Foreign Affairs and International Cooperation of region cannot be said to exercise complete territorial control
the Republic of Somaliland published a position paper on over this part of its claimed territory, some countries have
“Somaliland—An International Case 2016. representatives on the ground. Ethiopia and Djibouti have their
18 Ibid. representatives in Hargeisa, Somaliland. Turkey also has a
19 Although the contested territories of Sool and Sanaag have consular office. There is increasing engagement from the Gulf
dented Somaliland’s claim to statehood, as the autonomous countries, including Saudi Arabia and the UAE.
9 The Security Sector Reform Paradox in Somalia

informal institutions. Current leaders in government, the measures that those in the
Mogadishu understand the position of northeast took left a mark on Somalia’s state-
Somaliland. But they are not ready to recognize building efforts to establish federalism.
this. They have been trying to further widen the Puntland’s frontier includes the Harti-Majertain
gap between Hargeisa and Garowe, the enclave and other Harti clans whose territory
capitals of Somaliland and Puntland runs through the territories of the Dulbahante
respectively, to undermine Somaliland. The and Warsangali clans. But these territories are
SFG on the other hand has no leverage on shared with Somaliland. From the colonial
Somaliland except by way of some of the boundary perspective, the administrative
authority that the SFG exercises through regions of Sool and Sanaag were part of the
international institutions such as the former British Protectorate of Somaliland, but
International Civil Aviation Organization (ICAO). these clans share lineages with the Majerteen
as part of the Harti clan family and thus they
The government in Mogadishu automatically are also claimed by Puntland, a lineage with
claims these international institutions since it informal institutions that always emerges in
has taken the Somalia seat everywhere. These war and peace locally or beyond that
places are supply driven as all other Somaliland and Puntland have to deal with for
institutions and are not determined internally. a long time.
Security Sector Reform is not different. It is
driven from elsewhere and Somalia’s This contestation has led to problems with
subsequent governments are just grabbing the neighbouring Somaliland. Somaliland and
opportunity. But, Somaliland exercises its Puntland have had several confrontations, with
monopoly of violence in most of the state’s each reasserting the upper hand in these
territories. Mogadishu’s current government, areas. Ethiopia, it should be noted, has
although has collected a couple of politicians consistently put all possible pressure on both
representing the ‘Dir’ clan (incorporating part of sides to avoid a full-scale war.20 Majerteen
the Issa, Issaq, and minority Dir clans) from politicians may have differences regarding how
Somaliland, it cannot claim to exercise any Puntland should be managed and
influence de facto in Somaliland. administered, but all agree that Puntland
should continue to have a role in the
b) Puntland Mogadishu-based Somali state, and their
organization as Puntland state will leverage the
In 1998 the people of northeast Somalia national level power-sharing arrangement.
established a fragile but relatively peaceful and
stable semi-autonomous region called This determination will also address the
‘Puntland State of Somalia.’ Puntland came challenges in the Lower Juba region, where
about out of the frustration that actors from Puntlanders want to see their Harti clan
the region endured during the 1997 Cairo compatriots’ rights respected and, indeed, their
meeting of Somali factions. Although the supremacy maintained. Puntland supports the
meeting failed to produce a consensus-based current Jubaland administration, even if an
national framework for an all-inclusive Ogaden rather than a Harti leads it, as the issue

20 Asthe Head of the Ethiopian Trade Office in Hargeisa, the the Head of the IGAD Facilitation Office is engaging both
author was involved in engaging the Somaliland leadership to administrations and the SFG to further enhance dialogue on the
de-escalate the situation. Currently the IGAD Special Envoy and matter.
10 The Security Sector Reform Paradox in Somalia

is within the context of the larger changed hands a number of times until the
Hawiye/Darood rivalry. Previously the recent establishment of Jubaland state. The
leadership of the Transitional Federal efforts to establish an administration in
Government (TFG), established in 2004 at the Kismayo has created a rift between the Darood
Mbagathi conference in Kenya and led by and the Hawiye, the two major contending
Abdillahi Yusuf, vetoed the process of clans in south Somalia, but it also reflects the
establishing a regional administration for Juba. differences between the Somali Federal
But the government’s eventual reorganization Government (reflecting the Hawiye sentiment)
under the Djibouti Agreement of 2008 created and Puntland (reflecting the Darood sentiment)
a better opportunity for the creation of an before the establishment of the Jubaland State
administration. But this does not mean that with the support of Kenya. Puntland leaders
Mogadishu currently enjoys leverage over have sought to carry out their policies in
Puntland. Obviously there is a tacit agreement southern Somalia in such a way as to
to not allow Somaliland to secede from safeguard their continuing clan interests in the
Somalia, but aside from Sool and Sanaag, national government, taking into consideration
Puntland governs its territory independently. the wellbeing of the substantial number of
Harti that settled in the port and surrounding
c) Jubaland Kismayo.

After October 2012, the AMISOM supported In the early days of the 1950s and 60s all
SFG reasserted its power through a Daroods except the Ogaden were seen as Harti
reconciliation and constitution-making process politically, but this has changed dramatically
held in Mogadishu. Before then the since Somalia’s civil wars since 1991. However
government had struggled to establish itself in the inter-Darood difference on Kismayo has
the face of the extremist violence of Al- instigated a national-level clan rivalry between
Shabaab, but the assistance of AMISOM and the Hawiye and Darood through the Marehan
other allies allowed significant progress in and Habir Gedir, hence forcing the Harti in
expanding government/AMISOM control in Puntland to support an Ogaden leader for
Mogadishu and other areas, creating a Kismayo. That is why the regional
situation that would be conducive to a administration in Kismayo led by a former
successful transition away from the SFG. But Islamic Courts Union militia leader, Sheikh
this situation changed following the Ahmed Madobe, secured the support of the
election/selection of Somali President majority of Daroods. All Darood clans (except a
Farmajo. As a Darood sub-clan enclave, few Marehan politicians) took a common stand
Puntland fully supported Farmajo’s election. in support of the existing Jubaland
President Farmajo visited Puntland in January administration.21 A confrontation between
2018. But Farmajo’s visit heightened tensions some Marehan militia supported by the SFG
between Puntland and Somaliland. and al-Shabaab, on the one hand, and Ahmed
Madobe’s forces in Kismayo on the other
This has not prevented continuous wrangling concluded with a victory for the new Madobe
between clans for control of lower Juba and administration. The SFG then led by Hassan
the valuable port of Kismayo, which has Sheikh, a Hawiye, promptly wrote a letter to the

21 Interview with a senior Sahan International official in Nairobi


June 2018.
11 The Security Sector Reform Paradox in Somalia

AU accusing the Kenyan government of taking having the upper hand in influencing Madobe
sides and supporting Madobe, requesting and his compatriots around Kismayo. Kenya
AMISOM’s Kismayo forces, composed of continues to work on strengthening its buffer
Kenyan troops, be replaced by another zone. But the Kismayo administration cannot
peacekeeping contingent. hand over the port to the SFG as it would mean
loss of revenue and power eventually.22
The Jubaland administration and the SFG
finally came to an agreement in August 2013 Ultimately, the two parties agreed to allow the
but great patience and considerable pressure Jubaland administration to control the port for
from Ethiopia were needed to reach a six months. They also agreed to hold a new
conclusion to the talks in Addis Ababa. The reconciliation conference in Mogadishu, to be
two parties were engaged in a tedious organized by the SFG, which led to finalization
discussion on the issue of management of the of the agreement, which they finally signed.
seaport and airport, fighting over control of the But, the two parties signed the agreement for
infrastructure. This was the most contentious very different reasons. The SFG wanted the EU
matter. The effort to reconcile the two was Conference in Brussels, to agree to the New
difficult as they had very different objectives. Deal Compact for Somalia to provide EU
The SFG wanted to control the resources backing (and funding); the Jubaland
available in Kismayo, including the lucrative administration of Sheikh Madobe wanted
charcoal business, though trying to portray the international recognition.23 Both got what they
matter as a sovereignty issue, apparently wanted so there was no incentive to move
believing the real forces controlling the forward with implementation of the remaining
infrastructure there were the Kenyans. At times parts of the agreement, including
the SFG appeared to think it was negotiating reconciliation. This reluctance was reinforced
with the Kenyan government rather than the by the fact that the two parties were under
Jubaland administration. A strong belief extreme pressure and accepted the final deal
remained in Mogadishu that the Kismayo because they were unable to resist Ethiopia.24
administration is under the control of the In any case the SFG itself almost immediately
Kenyan government during Hassan Sheikh’s began to undermine the agreement, trying to
leadership. Economic interests from within and manipulate the discontents of the Digil and
without also complicated this. And it might be Merifle in Baidoa.
recalled that the Troop Contributing Countries
meeting in Kampala on August 4, 2013 had Indeed, the importance of the then Jubaland
(wrongly) decided that all ports and seaports Agreement should not be exaggerated.
should be handed over to the SFG. Kenya s Jubaland leaders have joined opposing
opposed the implementation of this decision, Mogadishu, and the SFG’s request that the
but the SFG still appears determined to get this international community pressure the
control. In fact, it is no more than a pipe dream. leadership in Kismayo to come to Mogadishu
Terrorist attacks in Kenya enabled the Kenyan did not work. The issue of Jubaland is sensitive
government to be a bit assertive and enjoy and it could have the effect of further

22 Another reason for the SFG’s determination was that it 23 Interviewwith Col. Gebregziabher (a long-time follower of
wanted to use a Kismayo precedent to set the tone for other Somalia issues in the Ministry of Defense of Ethiopia and in the
administrations in the country. It believes, probably correctly, IGAD Facilitation Office in Addis Ababa), June 2018.
that if it conceded on Kismayo, others would raise management 24 Ibid.

and resource sharing elsewhere, even perhaps in Mogadishu.


12 The Security Sector Reform Paradox in Somalia

destabilizing Jubaland, as the question changes the power relations between the
involves a complex clan and sub-clan struggle Majertain and Habir Gedir in Galkayo. The
for control of resources and supremacy. clans residing in Galmudug stretch into
Jubaland eventually hosted a larger opposition Mogadishu and thus impact the dynamics in
framework that brought all other the capital city. Due to the power vacuum after
administration to a common front called the Siad Barre’s overthrow (1991) and years of
Council of Interstate Cooperation. exploitation by warlords, the Habir Gedir clan
significantly gained influence. Despite losses in
d) Galmudug military strength, they remain the most
influential actors in Somalia disproportionately
The potential division of the Somalia state did to their size and the areas they reside in (the
not stop in the Juba valley, since the “splitting central region).
up” of southern Somalia into federal states
included the establishment of a new local Moreover, the first area that Al-Shabaab
administration in Galmudug, a decentralized experienced defeat at the hands of other
‘state’ in the central region. Adjacent to Somali actors is in Galmudug, turning it into
Galmudug, Ahlu Sunna wal Jama’a, a religious the only FMS with no significant Al-Shabaab
group created to oppose al-Shabaab’s presence (except in the Suleebaan area).
extremism, manages an area that belongs to Maintaining the FMS integrity and capacity is
the Habir Gedir sub-clan and partly to the essential to shoring up this security win. On the
Marehan and Dir sub-clans. other hand, Galmudug changes the divide and
power relations between Hawiye and Darood
Ahlu Suna Wal Jama and the Galmudug state communities that dominates Galkayo. The
have reconciled their differences, but continue resulting harmful dynamics can be found in
to suffer a pressure from Mogadishu. many other areas of Somalia. Thus, resolution
Galmudug welds powers that threaten leaders of the conflict between Galmudug and the SFG
within the Federal Government since it also could have a positive effect on other conflicts
incorporates a previously separate across Somalia between competing clans,
administration, Himim iyo Heeb representing pastoral communities, local authorities and
the Suleiman sub-clan in the same central state governments.26
area. Fierce competition between Ahlu Sunna
and the SFG leadership has been witnessed as e) South West and Hir-Shebelle
well, and this is still reflected in the SFG’s administrations
involvement in undermining the leadership in
Galmudug.25 The administrations of the South West and Hir-
Shebelle also exercise control over ‘their’
Developments in Galmudug attract attention territories and contest the SFG’s monopoly of
due to clan influence of the Habir Gedir in coercion, although they are considered less
Mogadishu politics and economic effective than other administrations. Even if
developments, the role in al-Shabaab, and the there are weaknesses in these administrations,
Galkayo conflict since the state increases the fact that they are anchored in a certain

25 Therewas an effort to oust the Galmudug leadership, by the House and the President. The crisis still lingers in the
creating differences and competition between the Speaker of administration.
26
Interpeace: Galkayo Conflict Assessment, 2017
13 The Security Sector Reform Paradox in Somalia

major clan and some minority clans that share organization in which liabilities or benefits are
particular powers sustains them. But these redistributed after a case is concluded through
administrations also indicate how far Somalis elders, which requires financial compensation
are divided along clan and sub-clan lines from to be paid to the victims or heirs of a crime
north to south. This inevitably gives rise to the such as murder, bodily harm or property
suggestion that clans would provide a logical damage. Despite their alleged homogeneity
basis for a federal arrangement, and this and their own frequent criticisms of the many
framework is enshrined in the draft federal internal divisions, the Somali Nationalist
constitution although the current SFG Movements have always demonstrated
leadership is resisting its implementation. On numerous splits and frequently broken into
the other hand, there is growing concern separate parties. One fundamental reason for
among regional administration officials related this is the fluid nature of clanism, the informal
to emerging changes in Ethiopia, in the rules they follow and the ability of the clan
Ethiopia-Eritrea relationship, and in Djibouti- elites to politicize their own clan segments.
Eritrea relations and the subsequent move Another reason lies in the pastoral and agro-
both countries have made to engage the SFG pastoral traditions of independence and
leadership. This has allowed the SFG to resentment of uniformity, which pervade much
blatantly interfere and present its own of Somali society.
candidate and forcing the incumbent Sharif
Hassan to resign. An independent candidate f) Clan identity and associated rules
also came to the scene in the name of Muktar undermine state institutions
Robow. A former Al-Shabaab senior leader,
Despite divisions, it should be noted that the
whose candidacy created concern among the
issue of clan identity and trust remains critical
international community, is now under custody
in creating peace or conflict in Somalia. The
after the SFG forces in collaboration with
intention of a clan member’s plea for support is
AMISOM forces captured him. The incident has
never questioned among Somalis. This is the
increased the tension in Baidowa, as Robow
conventional way clans operate, and it can be a
comes from the biggest and influential clan
source of war or a deterrent, as well as a
called Leysan. Following the incident, the SFG
framework for protection. Clans provide full
candidate, Mr. Abdiaziz Hassan Mohamed—
protection for individuals; their informal
nicknamed Laftagareen—got an overwhelming
institutions and their enforcement
majority to be elected as the new President of
mechanisms are framed within the rational
the Southwest in a contested election. This will
choices of individual interest through
create another fault line in the relations
distributional effects. These realities are
between sub-clans in Baidoa since Laftagareen
important to make sense of the difficulties of
is from Hariin sub-clan.
reconstituting a Somali state. Clan institutions
override all other institutions. They are the
Stereotypical images of Somalis have often led
basis of a rational choice framework, since
observers to ignore key differences among
individual interest is critically embedded both in
them. As noted above, the administrative
terms of protection and distribution effects. A
structures follow divergences within Somali
Westphalian state has difficulty in taking these
communities that go deeper, following
factors into account, and one result is that the
divisions on the ‘diya-paying’ level of Somali
international community has consistently
organization—the lowest level social
14 The Security Sector Reform Paradox in Somalia

failed to give serious thought to these 2) How do informal institutions undermine


imperative aspects of Somali life. But they the SFG’s monopoly of violence both
must be borne in mind in any consideration of militarily and governance?
how to handle the Somali problem.
The Somalia Federal State’s monopoly of
coercion is affected through informal
In light of these characteristics of the Somali
institutions that will have implication on the
clan system, it is time, perhaps, to consider the
way the security apparatus operate and
opportunities that appeared in 2004 and in
individual security actors behave. There is a
subsequent years, all of which Somalis and the
need to delve into how the informal rules
international community squandered. These
operate to understand its links with Somalia
make it very clear that Somali stakeholders
has both formal and informal institutions that
were, and are, divided and weak, making them
vary in determining the behaviours of state and
vulnerable. This also provides the opportunity
non-state actors, with mixed results. Somali
for clan elites to manipulate a ‘scavenging’
clan institutions called Xeer (pronounced as
international community to their own
hàir), according to Andre Le Sage (2006), is
advantage. In this context one should not
defined as a “set of rules and obligations
overlook the historical baggage Ethiopia
developed between traditional elders to
carries regarding Somalia. In more recent
mediate peaceful relations between Somalia’s
times, Ethiopia has repeatedly been portrayed
competitive clans and sub-clans”. Xeer could
as a power bent on weakening and dividing
also be defined as unwritten but communally
Somalis. Some Somali elites in the diaspora
owned rules created, communicated and
and internally continue to believe that
enforced through the clan system taking
Ethiopia’s alleged policy of dividing and
particular situations into consideration to
weakening Somalia will continue without
resolve day to day disputes and shape the
change. The Somali elites have tried to use
behaviour of clan members. Those rules bring
these assumptions and the animosity between
shared responsibilities and security
the two states in such a way as to cling to
guarantees. Somalis have flexible and adoptive
power. Several leaders have used and
rules to accommodate new and previously
manipulated these beliefs whenever they felt it
unknown realities and that help clans address
might be suitable or expedient, and the
inter-clan disputes for centuries, that shaped
possibility of its recurrence should not be
institutions adopt, expand in scope and endure.
discounted, even if its impact today is much
These rules govern members of each clan,
weaker than ever before and ordinary Somalis
wherever they are. These rules manage
on the ground have a very different and far
everything from major clan, sub-clan and sub-
more positive view of Ethiopia and take its
sub-clan conflicts to rules of marriage, rights
government very seriously. In fact, Ethiopia is
and inheritance, compensation, grazing rights,
generally either feared or respected by
rights of individuals and rules for managing
Somalis.
forests other natural resources and important
issues.27

27 AndreLe Sage (2005): Stateless justice in Somalia, Formal


and informal rule of law, Center for Humanitarian Dialogue,
Geneva, Switzerland.
15 The Security Sector Reform Paradox in Somalia

Even if there are losers (especially women) The cycle of decision-making process in clan
within the community and winners in clan institutions is mapped on Figure 1.
institutions, they endure as clan members and
do not defect, as the rules are applicable These loopholes are not peculiar to informal
equally to all using those rules. Even if they are Somali institutions, as there are inherent
hierarchical in gender equality and the way ambiguities in rules, which raise enforcement
minorities are treated, Somalis use them problems. Those defaults are tolerable so long
wherever they are considering the losses as as the main pillars of other factors are not
side-line issues. Weaker sub-clans often lose- seriously affected. Clan rules have equilibrium.
out in the process as enforcement is left for Xeer will continue to be a predominant justice
the clans to sort out. Weaker clans don’t have system in Somalia for a foreseeable future
the capacity to force powerful ones to obey even if the universality of Xeer is contested. As
unless they have another clan (which is often argued by Mahoney and Thehlen (2010)
the case) that supports them by “variations in scope of discretion that rules
accommodating them as theirs. Somalis have allow are quite varied: the complexity of the
this saying, “be a mountain or ally with it”. rules, the kind of behaviour regulated by the
rules, the extent of resources mobilized by the
16 The Security Sector Reform Paradox in Somalia

rules and so on all matter.”28 This holds true for legal systems operate side by side in Somalia:
Somali traditional laws. In fact, most Somalis clan customary law, Islamic Sharia law and
consider Xeer fair and legitimate, these rules secular law. In 1960 the government’s effort to
are taken as acceptable identities, even if the come up with a unified law in the 1960s did not
extent of discretion that actors have at the succeed but clan customary laws continue to
interpretation and enforcement level varies. It have a critical role in Somalia even after the
is in this context that all Xeer is ‘localized’, collapse of the central state. The questions
emanating from specific bilateral agreements therefore are: what helps informal institutions
between specific sub-clans that traditionally endure and how do they affect the security
live adjacent to one another, and application of arena? What are their mechanisms for change?
its rules are flexible and vary depending on How flexible are they to fit into existing
circumstances.29 Hence, the resilience and conditions? How do they interact with formal
adoptability of these ‘informal’ institutions and other rules? How do these rules impact
helped them continue to endure and set behaviours of the Federal Government of
standards of behaviour before “formal Western Somalia, the Federal Member States and
style” institutions in Somalia. militant groups such as Al-Shabaab and the
Islamic State of Somalia—ISS?
Somalia continues to be a place whose actors
follow clan customary rules that are at times In Somalia, since clan institutions are flexible,
complementary and or contradictory with state adoptive and have embedded self-reinforcing
institutions. Whenever the state is strong, there mechanisms linked to clear distributional
appears complementarity between formal outcomes to a substantive part of a group with
rules and informal institutions. In Somaliland the least transaction cost, they are very
there is complementarity and a consensus resilient. They are capable of resisting
among the communities and the state on how continuous exogenous shocks even if they are
the security actors behave in handling forces limited in scope and have weaknesses or
or groups that challenge the monopoly of loopholes in accommodating cross gender
coercion of the state. Soldiers are free from issues. Providing an individual level protection
clan based diya-paying system in case of on the one hand and collective enforcement as
killings. This has helped the state to address well as punishment mechanism with
challenges coming from groups like al- distributional effect referring back to the
Shabaab. These rules very much impact the individual utility on the other explain the
operation of the security arena elsewhere. sustainability of the informal institutions that
They are therefore important to be studied and endure. Resources mobilized locally or from
identified so that one can interpret reactions on the outside are used to reinforce those
that basis. Those formal and informal rules are instruments. Moreover, the affinities and
interpreted to fit perceptions or realities, procedures on which international models of
triggering reactions for peace or war, security governance are not only assumed are
cohabitation or continuous tensions. Three universal30, but they are pushed through
without considering how existing local levels

28 Mahoney and Thehlen (2010): Explaining Institutional change; 30 Alice


Hills (2014) Security Sector or Security Arena? The
Ambiguity Agency and Power, Cambridge University Press. Evidence from Somalia, International Peacekeeping, 21:2, 165-
29 Andre Le Sage (2005): Stateless justice in Somalia, Formal and 180, DOI: 10.1080/13533312.2014.910400
informal rule of law, Center for Humanitarian Dialogue, Geneva,
Switzerland
17 The Security Sector Reform Paradox in Somalia

informal institutions govern behaviours of the time it is inherited ancestrally, there is a lot
actors at all levels and affect the at stake to maintaining that legacy and
implementation of those universal values. legitimacy.
Furthermore, those universal values do not
have mechanisms of accommodation The existence of transparency further
neighbourhood realities and policies that legitimizes clan elders’ decisions creating
further impact the behaviours of those local endogenous self-enforcing and self-reinforcing
actors as power relations affect them. This as well as feedback mechanisms. The self-
leads all efforts at reforming security sectors enforcing and re-enforcing mechanisms have
that a single entity claims to control which in distributional effects whose built-in transaction
reality is farce. Somalia’s existing realities costs are considered negligible since those
could explain this concretely. functioning do it on an ad-hoc basis, and don’t
do the job for a living. A court is immediately
There are a number of salient characteristics established following a dispute. The
of Somali customary laws. Somali customary transaction costs are minimal as the jury will
rules concentrate on compensation than sit under a tree in a natural environment, if
punishment. They have distributional effects. there is any payment it is built into the
Timing and sequencing are also important in compensation mechanism as part of the
Somali clan institutions. Michael van Notten distributional effect. This is similar to efficiency
(2006) provides details, which can be considerations that stress minimizing
summarized as follows: Somali clan transaction costs in firms (Knight 1992).
institutions are relatively immune to political Knight notes “the idea that institutions are
manipulation as most are known to clans and created according to the principle of cost
nobody controls them from the center; minimization is grounded in the notion of
whoever comes up with the best rules gets the individual efficiency” (Ibid). This becomes
best customers; every Somali is free to use critical in the case of Somalia when the role of
them; no one has the right to exclude anyone; a government comes into play. What is
the law prevents political controls (Notten efficient for the government might be
2006). This is because the enforcement inefficient for the society as formal rules have
mechanism of the informal institutions and distributional consequences. The government
implementation of subsequent clan elders’ has to mobilize resources and its organization
decisions is left to clans, and hence nobody will to deal with the matter. The clans in this regard
enforce if it is a political rule. However this respond expeditiously maximizing of utility at
does not mean that those clan elders are not clan and individual level.
influenced by exogenous factors. But since
there is transparency in the society, where In addition, Somali Xeer—the traditional legal
cases are addressed publicly there is nothing system of Somalis wherever they are—has a
hidden, and to excel in that public discourse built-in procedure for its own development. The
brings more legitimacy and respect that traditional judges have an obligation to apply
transcend the individual elder himself and only the rules that the people of their
reflects on the pride of the clan. Since elders community follow in practice, and to promptly
represent clans, they remain consistent in render justice at diya-paying level organization.
keeping clan pride. This is critical to stay If not, an aggrieved group’s revenge is justified.
legitimate and get full support. Since most of When new things emerge as a challenge with
18 The Security Sector Reform Paradox in Somalia

no precedents, clan elders come together and one has to engage as families governed
create rules that accommodate new cases. through the informal institutions.
This also provides an endogenous mechanism
for institutional change and enforcement. The In fact, al-Shabaab manipulates clan structures
informal clan institutions have also and clan rules. It uses fault lines in the relations
accommodated the arrival of Islam, although between these clan structures for its survival.
not always entirely effectively, failing to Al-Shabaab insurgents are equally protected
assimilate all aspects of it. Reflecting these, through clan rules. But al-Shabaab fighters
the oaths of those who testify have changed escape to account for their crimes, including in
overtime. Puntland Development Research killing Somali security force members, because
Centre explains that in the 19th and early 20th they cover their face and are unknown
century those who testified in front of a jury individually to obey deterrence rules. But, when
took an oath saying, “I solemnly swear on my they are killed in combat, the person involved in
sons, my livestock, my testicles, on my killing as part of the SFG military will be
existence and on my values.” After the arrival accounted for and clans might consider
of Islam this changed to: Wallahi Billahi Tollahi, compensation or a possibility of revenge from
which means that he swears in the name of the families of the deceased might be triggered
Allah and my clan. The plaintiff also might ask as indicated in fig.1. This can only be
oath-takers to swear as follows: “Let my semen addressed if various clan leaders come
come before my urine” or “I will divorce my wife together and clear that government soldiers
if I don’t tell the truth” (PDRC 2004). The and staffs of the security institutions would not
evolution of this oath, taken in front of the be treated in those clan institutions.
community, demonstrates the flexibility and Somaliland has successfully done this.31
adaptability of clan institutions. Considering all these the possibility for the SFG
to achieve a monopoly of coercion that one
So why are these informal institutions and their could think of reforming a security sector is
modus operandi important in explaining the very remote. The FMs on the other hand are
challenges of Somalia’s government and its rather better situated in creating a
security institutions? Since these rules complementarity between the formal
determine the behaviour of clan members, institutions and the informal clan-based
support or opposition to state structures and institutions, since a strong clan or an alliance
their institutions can contradict clan rules and of various clans establish them and govern
reinforcement mechanisms. This in turn their areas through consent.
determines the behaviour of SFG’s officials and
soldiers in their military engagements with 3) Sub-contracted coercive powers of non-
groups that are challenging the state’s Somali actors
monopoly of force. It also creates a structure 3.1) Sub-contracted coercion exercised
where the SFG officials and their actors through AMISOM
interact with others in different groups,
including al-Shabaab to share information as Different actors in Somalia view AMISOM’s role
members of the same clan—an obligation that differently. Some see it as a proxy for
neighbourhood policies of Somalia’s

31 Interview with senior Sahaan official in Hargeisa, September


2018.
19 The Security Sector Reform Paradox in Somalia

neighbours. Some Somali actors see AMISOM expeditiously if AMISOM forces were
as infidels and occupiers. Some others see threatened. This sent an effective message to
AMISOM as defenders of Somalia’s fragile Somali actors. Although UN experts travelled
institutions as per the UNSC mandate. to Somalia to assess the situation on the
Whatever others say about AMISOM there is a ground the UN agreed neither to deploy a UN
need to look at AMISOM’s creation and how its peacekeeping force nor to re-hat AMISOM to
role might determine the fate of the SFG. As be deployed as a UN peacekeeping force,
indicated earlier, the African Union Mission in effectively limiting its ability to control the
Somalia (AMISOM)32 subsumed the idea of the situation without additional support.
Intergovernmental Authority on Development
(IGAD) Peace Support Mission to Somalia or There are a number of reasons for the UN
IGASOM. When IGASOM was proposed by decision, including the attitude of the UN
IGAD through a communiqué it adopted in bureaucracy. In order to deploy a peacekeeping
March 2005, there was no support for it. force in a certain country, there are a number
of preconditions that need to be fulfilled. A UN
Ethiopia’s campaign to oust the Islamic Courts peacekeeping force can be deployed if the
Union in December 2006 eventually forced the parties to the conflict sign a peace agreement
United Nations Security Council to authorize and hence there is a “peace to keep”. But in
the African Union to deploy a peace support Somalia the fighting has consistently been
mission with a mandate of six months, between a weak government and an Al-Qaeda
adopting resolution 1744 (2007) on 20th affiliated terrorist group. Neither the Somali
February 2007.33 With a mandate created by Federal Government, nor the international
the African Union and endorsed by the UNSC, community at large will expect the SFG to
the African Union Mission’s aim was to assist negotiate with a terrorist organization. Hence,
the TFG and protect its fledgling institutions. there is no possibility of having a peace
Ethiopia had decided to withdraw, although a agreement, the precondition to deploy a UN
reconciliation meeting held in Djibouti between peacekeeping force.
the TFG and the Alliance for the Restoration of
Somalia (ARS) requested Ethiopia to withdraw However, there is an African Peacekeeping
its forces, the Ethiopian government had Force. AMISOM’s deployment at the beginning
decided way before to withdraw its forces from was with a lighter mandate and that mandate
Somalia. But to ensure a smooth transition and was eventually revised by the UN Security
help the new administration that was created Council on March 6, 2013 and extended until
in Djibouti, Ethiopian army wanted the new February 2014. The mandate, according to UN
government mobilise its forces and take over Resolution 2093 (2013), includes, inter alia:
areas that it withdraws.
(a) To maintain a presence in the four sectors set
But it responded to Uganda threat to withdraw out in the AMISOM Strategic Concept of 5
if Ethiopian forces left. At this stage, AMISOM January 2012, and in those sectors, in
was simply not strong enough. Ethiopia then coordination with the Security Forces of the
publicly reassured Uganda that it would act Federal Government of Somalia, reduce the

32 Ethiopian
forces provided a major protection for AMISOM until will return to Somalia and will do whatever is necessary to protect
its deployment is fully organized. Ethiopia also publicly promised AMISOM from any danger.
the Ugandan and Burundian governments that Ethiopian forces 33
www.un.org/depts/dhl/resguide/scact2006.htm
20 The Security Sector Reform Paradox in Somalia

threat posed by Al-Shabaab and other armed peacekeeping operation and looks forward to
opposition groups, including receiving, on a receiving this information as part of his regular
transitory basis, defectors, as appropriate, and in reporting to the Security Council”.35 Although
coordination with the United Nations, in order to
the UN refused to re-hat AMISOM as a UN
establish conditions for effective and legitimate
force, does provide logistical support. Even if
governance across Somalia; (b) To support
there is “no peace to keep” AMISOM has
dialogue and reconciliation in Somalia by
assisting with the free movement, safe passage therefore been given a role to challenge those
and protection of all those involved with the extremist forces that are trying to fill
peace and reconciliation process in Somalia; (c) ungoverned spaces in Somalia. If these non-
To provide, as appropriate, protection to the state actors such as al-Shabaab are left to
Federal Government of Somalia to help them develop, they will have the space to train
carry out their functions of government, and terrorists and suicide bombers and transfer
security for key infrastructure; (d) To assist, their knowledge to wreak havoc in the region
within its capabilities, and in coordination with
and beyond.
other parties, with implementation of the Somali
national security plans, through training and Obviously, a UN peacekeeping force cannot do
mentoring of the Security Forces of the Federal a combat operation. The UN tried a peace
Government of Somalia, including through joint enforcement mission in Somalia in the early
operations; (e) To contribute, as may be 1990s and failed. As Barnett (2002) explains
requested and within capabilities, to the creation
there are what are called norms within the UN
of the necessary security conditions for the
bureaucracy, whereby “peacekeepers should
provision of humanitarian assistance; (f) To
follow the principles of neutrality, impartiality
assist, within its existing civilian capability, the
Federal Government of Somalia, in collaboration and consent.”36 Obviously AMISOM or even a
with the United Nations, to extend state authority UN peacekeeping force would find it difficult if
in areas recovered from Al-Shabaab; (g) To not impossible to follow those norms in
protect its personnel, facilities, installations, Somalia as the theatre of the engagement is
equipment and mission, and to ensure the completely different from those for which the
security and freedom of movement of its norms were designed. Any peacekeeping force
personnel, as well as of United Nations that wants to be neutral, impartial or to be
personnel carrying out functions mandated by
deployed by consent will not find the
the Security Council.34
environment in Somalia. There is no possibility
to follow those norms in Somalia. The UN
This remained the main mandate for
bureaucracy did not even agree to re-hat
AMISOM’s operations to-date. The resolution
AMISOM into a UN peacekeeping force
also indicated that the UNSC agrees “with the
because of those same norms. But what is
Secretary-General that the conditions in
worse is the fact that the UN has yet to agree
Somalia are not yet appropriate for the
how AMISOM should be resourced for its
deployment of a United Nations Peacekeeping
operations beyond voluntary contributions
Operation, and requests that the UNSG keeps
making its sustainability a challenge.
this under review, including through the setting
of benchmarks for when it might be One might argue that the resolution (2093) as
appropriate to deploy a United Nations indicative of the UN’s possible intention of

34 The full UNSC resolution 2093 (2013) is available at Michael Barnett (2002): Eye witness to a genocide, the United
36

http://www.un.org/News/Press/docs/2013/sc10931.doc.htm Nations and Rwanda, Cornell University Press.


35
Ibid.
21 The Security Sector Reform Paradox in Somalia

allowing continental organizations to handle direct unilateral combat and working with in
“their” problems through subsidiarity and take the AMISOM framework and or through other
this as the beginning of that trend. Resolution proxies in Somalia.
2093 (2013) called “upon new and existing
donors to support AMISOM through the a) Kenya
provision of additional funding for troop
stipends, equipment, technical assistance, and Kenya, following a number of Al-Shabaab
un-caveated funding for AMISOM to the United harassments, decided to take measures to
Nations Trust Fund for AMISOM, and calls clean Al-Shabaab out of areas bordering its
upon the AU to consider providing funding to territories and sent hundreds of troops into
AMISOM through its own assessed costs as it southern Somalia. The governments of
has recently done for the African-led Somalia and Kenya signed a joint communiqué
International Support Mission in Mali”.37 calling for “decisive action” against Al-
Shabaab.38 In fact, however, after his Prime
AMISOM’s resource contributions remained to Minister signed the document, Somalia’s then
be outside the usual assessed contributions President, Sheik Sharif, criticized Kenya’s
mechanism of funding and this continues to military offensive, which raised questions
challenge the effectiveness of AMISOM. Most about how bilateral the military action had
Security Council members remain hesitant to been. A tri-partite meeting between the
support AMISOM or its re-hatting since it would Presidents of Kenya, Uganda and Somalia
trigger an assessed contribution, which would convened in Nairobi to sort out the
certainly increase expenditure. differences39. The other aspect that
demonstrates the role of power politics is how
3.2 The role of Ethiopia and Kenya as Somalia’s Kenya, which sent its forces into Somalia to
neighbors create a buffer zone along their joint border,
Somalia shares boundaries with Kenya, was quickly embedded as part of AMISOM.
Ethiopia and Djibouti. Historically there were
claims and counter claims between Somalia The current government in Somalia continues
and its neighbours on Somali speaking to have a problem with Kenya as the politics of
territories of the Horn. Although the African clan plays its own part in the differences
Union through its predecessor the Organization among TFG leaders over Kenya’s role. Kenya
of African Unity had settled the question of said the purpose of the operation was to
borders through the Cairo declaration of 1964, support Somalia in its battle against Al-
Somalia had rejected the declaration at that Shabaab and plans to stay in Somalia until the
time. Since Somalia’s civil war had weakened threat of the insurgents has been “reduced.” At
the government in Mogadishu and allowed the the beginning, Kenya insisted the involvement
establishment of FMs the capacity of the of other neighbouring states (especially
centre not to allow other non-state actors that Ethiopia) even if Ethiopia had decided to stay
undermine the security of Somalia’s out, the Ethiopian government openly
neighbours is nil. Because of this Somalia’s expressed its desire not to be part of AMISOM
neighbours are actively involved in Somalia but expressed its commitment to do everything
politically and militarily. This involvement is possible to support TFG, AMISOM and Kenya

37The full UNSC resolution 2093 (2013) is available at 38 www.topics.nytimes.com

http://www.un.org/News/Press/docs/2013/sc10931.doc.htm 39
www.garoweonline.com
22 The Security Sector Reform Paradox in Somalia

from outside.40 In spite of calls from friends the international community, leadership
and neighbours the Ethiopian government commitment and domestic politics. Kenya has
made a political decision to stay out of fully secured the support of its neighbours, the
AMISOM.41 But Ethiopia supported the IGAD countries. France, the US and the UK fully
integration of Kenyan forces into AMISOM.42 support Kenya’s endeavours.45 The
IGAD issued a communiqué at the end of the governments of South Africa, Rwanda and
Summit in support of the Kenyan, TFG and Tanzania have voiced support for Kenya’s
AMISOM efforts to defeat Al-Shabaab once operation, and both Kenya and Somalia have
and for all.43 asked for “big countries,” including the United
States and European nations, to help in a naval
blockade of the highly coveted Shabaab-
One can elaborate on the Kenyan intervention
controlled seaport of Kismayo.46
in Somalia on the basis of the framework put
forward by Richard Rosecrance. Rosecrance
Although there were some concerns within the
argues that a surprising fact of international
TFG on Kenya’s actions, especially on the part
history is how frequently countries act above
of former President Sheikh Sharif, things
or below their rational “power lines”. This is
appear to have been rapidly cleared. In terms
because leadership strategies and ideology
of the domestic politics of Kenya, the coalition
and also the constraints of domestic politics
government had no choice other react militarily
enter the equation and may determine the
to Al-Shabaab’s harassment of Kenya. The
result, and he explains how the US and the UK
Kenyan government will reinforce Kenya’s role
should have acted to stop Nazi Germany in the
as well. If one compares the situation Ethiopia
1930s.44 Similarly, Kenya should have reacted a
found it in 2006, Kenya’s position is far more
long time ago to the activities of Al-Shabaab.
favourable. It has both a domestic and an
Kenya should have understood that when
international environment largely supportive for
Ethiopia went into Somalia in 2006 to remove
its actions.
the ICU, it was doing it for its national security
interests and this would benefit Kenya in the
b) Ethiopia
process. Kenya did not feel this was the case
at the time. Now, however, Kenya is requesting
Ethiopia was told point-blank not to send its
Ethiopia to join it in the fight inside Somalia.
forces into Somalia. Ethiopia did not get any
Ethiopia is prepared to do so, but within a
financial or material support from anybody
different context and not through AMISOM
even though it stayed more than two years in
mechanism. Kenya is doing this at a time that
Somalia, and the then TFG leadership had
its operations have secured the support of its
called for Ethiopia’s support. Due to the
people and the international community. This
historical baggage between Ethiopia and
can be analysed through Rosecrance’s Foreign
Somalia the majority of the Somalis47
Policy determinants, of a positive attitude from

40
Notes from the Ministry of Foreign Affairs of Ethiopia on the 45
IGAD countries issued a Joint Communiqué after their
meeting of IGAD leaders November 25, 2011. meeting in Addis Ababa and this is available at
41 Ibid. www.igadint.org/
42 Ibid. 46 www.topics.nytimes.com.
43 IGAD communiqué November 25, 2011. 47 For example, the former President of Somaliland, Ahmed
44 Richard Rosecrance: The failure of static and the need for Silanyo, who was an opposition figure in Somaliland expressed
dynamic approaches to international relations, The Oxford his reservations and told Ethiopian government officials his
Handbook of International Relations, 2010, pp.719. opposition on Ethiopia’s interventions and how Somalis
23 The Security Sector Reform Paradox in Somalia

especially those in the Diaspora were not thus get paid for activities in support of its own
entirely supportive of Ethiopia’s incursion. The security protection. It was a classic case of just
Ethiopian leadership was committed to how power relations work in international
addressing the challenges that the ICU posed politics. The UK was at the forefront in
on the Transitional Federal Government and to supporting Kenya’s accommodation into
Ethiopia’s peace and security, and domestic AMISOM.
politics was favourable (apart from one
opposition political party expressing concern in Ethiopia’s policy in Somalia will have continuity
the Parliamentary debate over the objectives of and change at the same time due to its internal
the incursion). The challenge was from the changes regarding its policies regarding the
international community, though once the war Oromo Liberation Front (OLF), the Ogaden
was concluded successfully; African countries National Liberation Front (ONLF) and Ginbot-7
and some from the west were prepared to as well as the recent rapprochement with
express appreciation. Surprisingly perhaps, Eritrea. The Federal Member States in Somalia
most Arab countries were supportive and might lose in the short-term, since their
expressed this privately to an Ethiopian security relevance to Ethiopia will be linked to
delegation that toured UAE, Oman, Bahrain and Al-Shabaab only. Eritrea’s strong opposition
Yemen; but few were prepared to make their regarding federalism in general might impact
views public.48 The only thing they asked for Ethiopia’s engagement with the FMs. Ethiopia’s
was a quick withdrawal of the forces. The then position on Al-shabaab will remain the same
Egyptian President Hosni Mubarak was the and hence continuity might be reassured. If the
only who told Ethiopia to stay as long as was SFG and Al-Shabaab sort their differences out,
needed; although at a later stage the then the whole dynamics will change. But, the
involvement of the Egyptian government with FMS are going to resist the move to impose
some Somali actors left a lot to be desired.49 the SFG. At the same time the new Ethiopian
leadership has to learn a bit about Somalia as
Overall, the international environment (from the
they have no historical linkages and Somalis
western hemisphere) was hostile even though,
will look at the issues in a transactional
as noted above, the US played a fairly positive
framework. Operational level changes are
role in the Security Council after Ethiopia had
inevitable on the Ethiopian side as there are
defeated the extremists. By contrast, IGAD
changes of operatives. Ethiopia and Eritrea are
endorsed Kenya’s move into Somalia and
bringing the SFG into a new form of alliance,
hence created a mechanism whereby Kenya
because the SFG has leverage as Somalia’s
can be assisted. The African Union quickly
legitimate government to request that the UN
endorsed IGAD’s decision. Although Kenya
and the AU lift the sanctions on Eritrea. The
moved into Somalia to address its own
existing SFG leaders are also excited that they
security concerns and deployed its military
have been brought in to play a regional role,
forces unilaterally, the international community
while they have only insignificant legitimacy
did not hesitate to allow Kenya to
locally. The Ethiopian government’s behavior
accommodate its forces under AMISOM and

wherever they are feel about Ethiopia’s role. This did not make 49 Abdiqassim Salad Hassan the former TNG President was
Addis Ababa happy. involved in coordinating activities from Cairo in support of
48 Although wikileaks reports indicate that some Arab officials those who opposed the TFG and Ethiopia’s presence; and it
expressed thanks to their US counterparts for a job well-done by would be difficult to suggest that Egypt was not involved in this
the US in Somalia in 2006-2007, following the media’s portrayal activity. There is documentary evidence available.
of Ethiopia fighting the US’s war on terrorism.
24 The Security Sector Reform Paradox in Somalia

with regard to Somalia still depends on how The SFG got the full cooperation of AMISOM
and the extent to which Somalia involves itself forces to capture Robow. The situation
in the affairs of the Ethiopian Somali region remains tense as the SFG candidate for the
and cooperates in dismantling al-Shabaab if a President of Southwest declared the winner.
peaceful resolution to the conflict cannot be This effort by Robow is an indication of how
achieved. these actors also seek political offices through
their respective clans. Robow was allowed by
4) Conclusion and the way forward the SFG to run for the office because his clan
threatened to take up arms against the
Somalia continues to be its own prisoner. The government.
elite competition and the winner takes all
mentality in the political leadership have made The 4.5 formula that has been the basis for the
elite bargain a difficult endeavor. The existence SFG formation might not be a popular idea, but
and activities of various local and external there is no alternative that will provide a fair
actors as well as informal institutions impacts representation for smaller and subjugated
the functioning of Somalia’s security clans. No one will provide representation for
architecture. Since competing actors and the Midgan and Jereer if the 0.5 representation
institutions affect individual and group quota is allocated for them. Whether one likes
behaviours, these in turn challenge the SFG’s or not clan politics and clan representation
monopoly of coercion one cannot talk about works in Somalia.
the security sector and its reform in Somalia.
The clan rules are the most resilient ones in Most activities of Somalia’s neighbours,
Somalia, which are reinforced at local level Ethiopia and Kenya in particular, were reactive
governance frameworks that have become the to threats emanating from Somalia. Kenya and
basis for the FMs creation and sustainability. Ethiopia were reactive until both engaged and
The fault lines that one sees between clans established their respective buffer zones. Ones
and sub-clans as well as FMs and the SFG will the buffer zones are put in place, they become
remain so long as clan contestations and proactive in governing the areas they manage
violent competitions remain. All those directly or through proxies. Since there will be a
individual actors that were associated with al- proxy force or a direct force involved the areas
Itihad al-Islamia, al-Citisam or al-Shabaab under their control demands a continuous
eventually use fault lines in the relations surveillance and a governance system that is
between clans and center-periphery relations managed properly so that issues that rivals or
and existing administrations for their survival. other contending groups would use and
When actors within extremist groups are endanger the security of their personnel or the
purged, they will eventually go back to their proxy groups involved. Those governing areas
respective clans. Looking at Hassan Dahir under their control would develop capacities
Aweys, Muktar Robow, Abdi Godane and that would demand additional benefits from
others would join back their clans to seek the SFG or others.
protection and political offices. The Habir
Gedir-Ayr protects Hassan Dahir, and his Digil Ethiopia’s unilateral military action against the
and Merifle clan protect Muktar Robow, which Union of Islamic Courts after failing to reach an
recently challenged the SFG by trying to run for agreement in several rounds of negotiations
the President of the Southwest Administration. with the ICU and its military measures to
25 The Security Sector Reform Paradox in Somalia

remove ICU eventually triggered AMISOM’s


deployment. But Somalia’s frontline states are
part of the peace support mission, and their
national interests and threats they feel from
non-state actors in Somalia impact the role
they play. This demands that peace support
missions take a serious look at the policies and
interests of neighbours so that the role they
play is positive and constructive in the wider
regional context.
26 The Security Sector Reform Paradox in Somalia

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