A region that is not likely for generations be ruled by a central government does not mean they are animals
Not generations.
Centuries.
Many do not understand Somalia so always seek to judge how Somali's operated as uncivilized.
Somalia has only been a country for a few decades. We were
never united. The whole EA region were filled with Somali's but we were never united into a "country" until the colonials came and split it and made borders.
Somali order comes from our historical legal code which has lasted centuries, the Xeer, which is interpreted by clan elders and informally enforced, mainly with ostracism being the key punishment. Islamic law was reserved mostly for matters of divorce and inheritance but was generally extremely weak.
Somali had a very "ordered Anarchy" for centuries. We had no centralized authority. That is why we revile the Western system where it is centralized and reject it.
The reason we reject it is because democracy is essentially split into two groups to Somalis. Those who rule and those who are ruled. That thought process is toxic to Somali tradition.
It was very democratic actually. Somalis would choose a Elder who was elected. He would then represent his clan when trouble occurred or when negotiations needed to occur with other clans.
When foreigners came ... for example when the British came. The British made a deal with each individual tribe leader for use of the port and signed an agreement with each one.
Xeer was a African rule of law that was attempted by the Italians to be wiped but thank god it survived in HOA but has been weakened.
Justice to Somali's is defined by terms of property rights. The law is compensatory rather than punitive. It focuses on compensating the victim rather than punishing the perpetrator.
It is
very complex how Somali's do justice but I will try and explained, so bear with me.
There was almost no imprisonment for crimes in Somalia or wasn't and fines were extremely rare and any fine are not payable to any court or government, but directly to the victim.
So there was little need for police officers/law enforcement.
In Somali culture if a prominent public figure violates the law, he pays double what would be required of an ordinary person as they are expected more than anyone else to live up to the high standards. Somali's because xeer is based on property rights oppose any form of taxation (another reason why there will be no centralized Government)
Compensation requires the individual to be
fully paid for their grievances.
This is where our clan system comes into play.
If the guilty person cannot pay the individual, his clan kin is responsible for paying it.
This has the effect of self policing their own clan. While on other continents like the US and Europe re-education and rehabilitation of criminals is typically a task of the government in Somali culture it is the responsibility of the family and clan to sort out their own and if the criminal continually repeats violating the law and the tab keeps falling on the clan. They can expel him, which in effect makes him a outlaw causing him to lose the protection of his clan.
The third aspect of Somali xeer is our Judicial services. Anyone can become a Judge in Somalia as long as he is not also religious and political. That is not allowed and breaks Somali traditional separation of religion from court and politics as long as they are aware if they break the law, they suffer double that of a normal person.
That is why Democracy goes against everything in Somali culture and centralized authority, we despise it. We despise any Government in any form in Somalia.
I'm sorry. I have probably bored everyone but one must understand Somalia before trying to think of solutions :3oops:
impdaddy:
