A Time to Rebuild Somalia

Nation-Building

The guns have finally fallen silent in Mogadishu, our national capital, leaving behind a trail of death and destruction; and a humanitarian crisis of massive proportions. There is no victory to rejoice; only blood and tears, and lamentations, and rancor which I hope will not linger far too long. This tragic situation cries out for sanity; for rationality; for deliberation. It is a situation which benumbs our minds and paralyses our action but conceals, like all catastrophes, a great opportunity to heal, and to build (if I may turn Jawaharlal Nehru around) the great “mansion” of Somalia “where all her children shall dwell”. We should bury the dead and pray for them, but care for the living with our eyes and minds on the rising generations.

Mogadishu used to be our national capital although its natives always felt it was slipping out from their hands and into the hands of others hailing from far off regions. That feeling was so hardened that the last civilian government had to bribe some indigenous clansmen who threatened on 20 October, 1969 to excavate the grave of the slain President Abdurashid Ali Sharmarke and throw out his body on the grounds that he should be buried in Qardho, his hometown. What a shame! Incidentally, that incident (i.e. the bribing of the clansmen) was one of the pretexts cited by the Military as reasons for overthrowing the elected civilian government.

We had all forgotten that incident, but only a few weeks ago some clan elders jogged our memory by claiming unashamedly on the BBC (Somali Service) that Mogadishu belonged exclusively to their clan – lock, stock and barrel. Granted that this is a symptom of our general malaise, but such unfortunate pronouncements make others feel unwelcome to their own national capital, and are obviously detrimental to the clan interests the elders are trying to protect; and, except for those who are too young to have been there at the time or too old to remember, they invoke the sickening memories of that 1969 threat not to let ex-President Shermarke’s body rest in peace.

It cannot be gainsaid that Somalis of all clans had invested heavily in the development of their capital city to the neglect of their own home towns and regions before the civil war sent them fleeing to all the corners of the world. Successive national governments had likewise concentrated their development efforts on that capital city of ours as if people did not live in the other regions. In the course of the long years of the civil war (or should I say “nasty” war, for there is nothing “civil” about a war) we lost our various investments – we have lost so much and so many of our kith and kin.
But there is consolation in that we have remedied regional imbalance. While we lost Mogadishu to a senseless inter-clan warfare we built much of its hinterland and beyond: the civil war was without doubt a sobering experience for many of us; and were it not for it no one would have even thought of federalism which by its nature will drastically diminish the significance of Mogadishu, though still the federal capital, as power shifts from the centre to the periphery.

I used to argue in halcyon days that whilst nation-building meant in other African countries the moulding of a nation out of a medley of very heterogeneous tribes it meant in Somalia the reunification of all Somali territories under one flag and one government. In fact, that used to be our singular national objective. But we have bungled everything. I recall in this connection the comment of my Political Science professor on my assertion in a 1964 paper that Somalia should play the role which Prussia had played in the German unification in order to reunify all Somali territories in the Horn of Africa. His comment (which, by the way, offended me as an overzealous young man) was: “An interesting analogy but of questionable practical application”. Little did we know then that our brothers and sisters across the borders would be so disappointed by our own monumental failures that they would rather stay away from us. While in 1963, 87% of the people of the six Northern Frontier Districts (NFD) of Kenya, namely, Garissa,Wajir, Mandera, Moyale, Isiolo, and Marsabit, opted for seceding from Kenya in favor of joining Somalia it would be a big surprise today if we find even 1% who feel the same. Djibouti decided wisely to stay away upon accession to independence in 1977 (even though we had liberated a large expanse of Somali of territory from the yoke of Ethiopian rule) because we were in the grips of a military dictatorship. And the “Ogaden National Liberation Front” (ONLF) is fighting for independence, not unity with Somalia. Far from showing incentives for these territories to join us we have indeed managed to show the door to our own ‘Somaliland’ with the result that we ourselves are now in danger of splitting.

We already told the Ethiopians and the Kenyans years ago when our edifice began to show serious cracks, that we would be happy to keep what we have. Today, we are even asking them to help us stay together as a nation. What a reversal of “nation-building” and of fortune! Our fourteen “reconciliation conferences” held for us by our neighbors, Djibouti, Egypt, Ethiopia, and Kenya have heaped upon us shame, upon shame, upon shame. And yet, as if that is not enough, many of us in the Diaspora – educated, clannish, and deeply divisive – have the audacity to advocate the continuation of the anarchy and the spilling of more blood.

Our bitter experience teaches us, I submit, that we need more – much more - than cultural, linguistic, religious and ethnic homogeneity to build a nation out of clans that are averse to central authority and the disciplined pursuit of common aspirations. The British had called us long ago “The Irish Men of Africa”. That was not meant to be complimentary; it was just meant to underscore the fact that we were unruly- a trait we have sadly kept. But it was also acknowledged years later that we were masters of compromise – an art we have sadly lost.

Building a nation is a long-term goal which requires peace, stable government, consistency and of course good governance a key element of which is the institutionalization of conflict which can be done by establishing the necessary resolution mechanisms such as judicial and quasi-judicial bodies and a respect for the rule of law.

Federalism

I sometimes wonder how we Somalis who could not manage a simple unitary system will fare better under a federal system with its complex ramifications, proclivity for litigation, inherent parochialism and enormous financing. How on earth can a population composed largely of peasants and pastoralists and impoverished further by a long-lasting civil war finance the multiple tiers of federalism? It is really beyond comprehension. But there is no point in debating the merits and demerits of federalism since both the TNG and TFG were given clear mandates to put it in place by the end of their respective terms. The TNG had dismally failed and a good number of its prominent members are fighting tooth and nail to fail the TFG. Everyone but the blind can see that there is no love lost between the extinct TNG and the extant TFG. As they say in East Africa, “When two elephants fight, it is the grass that suffers” and in our case the “grass” is the national interest.

The TFG, however, has reached a take-off stage and is poised to launch a program for peace and stability. But time is not on its side; for it is required to have federalism firmly in place by the end of its mandate in 2009 when it is supposed to hold elections and transfer power to those elected. Before then also it is supposed to establish the institutions of the State – build the army and police and the custodial corps together with ministries, judicial organs, and an electoral system - all within a space of less than two years. These are daunting tasks, and given the acute paucity of human and financial resources and the fact that there is nothing to build on, failure seems near and certain.

In anticipation of this, however, there are already hushed talks of extending the mandate of the TFG. To be fair, the TFG has had to fight for its life and was unduly paralyzed for a long time by hostile internal environment and indifferent extraneous circumstances. It may sound ridiculous, but I think those who have been fiercely opposed to it will be well advised to come to its aid if only for the purpose of getting it ready to hold general elections in 2009: else, they will be saddled with the TFG for another term of God knows how many more years. Irrespective of the leaders we like or loathe I think it is in the interest of our unity to help the TFG vigorously to move towards holding general elections by the end of its mandate and to make it less dependent on its Ethiopian patrons in the meantime. Furthermore, we should clamor in earnest for the deployment of African troops in order to hasten the departure of the Ethiopian contingent well before the elections. I do not think anybody would want them around at the time of the elections. Then – and only then – can we hold internationally supervised, fair and free elections which will hopefully give us a truly representative – not necessarily good but truly representative – government.

Elections are by nature costly and divisive and in Africa they are generally fraudulent and lead to violence. We should remember, it was the widespread and open rigging of the 1969 elections that hastened the coup d’etat in our country. It has not been easy for us Africans to conduct fair and free elections in an atmosphere free from violence and intimidation. Last month’s elections in Nigeria – a federation unworthy of emulation – illustrate this point further. But, of course, we have to live with our imperfections and try to improve our performance as we go along: violence can only push us back to square one. The important thing now, however, is to help devise a good electoral system for our new federation with all its tiers.

I surmise that the TFG Ministry of Federal and Constitutional Affairs is thinly staffed and, like other ministries, also starved of financial resources. As is always the case in most countries resources fall invariably far too short of the mandate to be carried out; and Somalia does not have the technology to do more with less. But, in my view, the priority of priorities for that ministry should be first and foremost the drafting of the legal instruments (Constitution or a law elaborating the existing Charter) to delineate the functional boundaries between the states and the federal government, it being understood that the constituent states are coordinate with, not subordinate to the federal government. Then comes, of course, the drafting of an electoral law which should go into effect sometime in early 2009.

Institution Building

What we need is a government of laws and institutions. Modern government can only work through institutions using laws and regulations. These are sine qua non to any government in this age of globalization. That there are no institutions now means that we have the opportunity to start from the scratch and build them on sound foundations. It is much easier to build institutions from the scratch than to reform established ones where the staff are incompetent, underpaid and undisciplined, the procedures are long, cumbersome and involute, and corruption is endemic.

But, apart from staffing the central ministries we will need to establish administrations at the state, regional and local levels: staffing a federation is a very complex and expensive undertaking. Surely, not all this can be accomplished in the life of one government however competent and diligent it may be. After all, institutions take decades to build. When it comes to staffing there is the danger of treating the states as mere subdivisions or appendages of the central government. In fact, the staff of the state governments should be no less qualified, no less competent and no less paid than those of the federal government now that the burden of development lies squarely on the shoulders of the constituent states. This will also have the added advantage of the states being able to stand up to the incursions of the federal government.

Since the scope for litigation is greater under federalism having the judicial organs in place is crucial. A constitutional court (or a supreme court with powers to hear constitutional cases) is vital. It goes without saying that the Judiciary should be professionally competent and insulated from politics so as to be independent and highly respected. Judges of the first caliber in terms of professional competence and personal integrity are rare in our part of the world and should be treated as a rare specimen worthy of high remuneration: we should not humiliate our judges by forcing them to accept low salaries and thereby make them open to corruption. There is nothing more nauseating to the general public than to appear before a corrupt judge.

In today’s world policy studies, policy planning and rational policymaking are of paramount importance. Without them even momentous decisions will be in danger of being taken – not made – on the spur of the moment. In the past, such was actually the case in our country but we cannot afford to go on like that. The issues to be decided upon are too complex and complicated – world trade, ecosystems, marine resources, health, education, water development, etc. I read last year a statement published by the Ethiopian Ministry of Foreign Affairs in which it was argued, inter alia, that Somalia depended on two rivers (Juba and Shabeele) both of which originated from Ethiopia and that the latter would be at liberty to reduce for the benefit of its own population the water flowing from Ethiopian highlands to Somalia. There are of course international conventions governing the sharing of water by riparian states. But, what policy studies have we ever done respecting this vital issue? None, I presume! The Ethiopian statement is of course ill-conceived and shortsighted and does not apparently foresee any possible retaliatory response from our side. But what are we to do ourselves with our ports, our long shore, our beautiful beaches and our rich seabed? What can we do to be self-sufficient in food? Do we have a food security plan? The list is endless.

The Civil Service

The presidency, the prime minister’s office, the ministries and even parliament amount to nothing without a competent and active civil service. Members of the higher civil service (directors, directors-general, and permanent secretaries) are of course the partners of ministers in policy design and implementation; indeed they are the backbone of government. Their work is dynamic, analytical, thought provoking and they manage to rise above routine in order to find time for reading and reflection and discussion, and the submission of briefs and position papers to their ministers. Higher civil servants are supposed to guide their ministers through the opaque fog of technicalities and thereby illuminate the field of options for them.

But those who are not up to the mark – as usually happens - submerge themselves in the mundane tasks of routine and rule application: those are typical bureaucrats who sit immobile behind large desks and hide their faces behind piles of inactive files. Many of them owe their positions to patronage and come usually from the lower ranks – a perfect, if unintended, application of the Peter Principle.

But, if ministers themselves cannot benefit by the higher intellect and imagination of well-educated, well-trained and seasoned civil servants there is bound to be frustration and a fallback on routine. On the other hand, a pliant minister may be dominated by his senior staff and thereby unwittingly abandon the principle of democratic control without which elections are merely an exercise in futility. The British intellectual comedies of “Yes Minister” and “Yes Prime Minister” depict that kind of situation in a humorous and entertaining way. Nevertheless, one should not miss the serious message being conveyed.

The TFG has already appointed a Civil Service Commission. Its members should be trained as to their duties and should go on visits inside and outside the continent of Africa and learn from countries with advanced civil service policies, practices and traditions. I also believe there should be a Head of the Civil Service in line with the tradition of former British possessions. I have known some Heads of Civil Services in Africa who became personal friends and I am strongly convinced that there is a lot to be gained by the Service from the leadership of a highly respectable permanent secretary sitting in the President’s Office.

To have a civil service of excellent caliber means that there should be generous conditions of service and attractive remuneration packages. We have to invest in our civil service – indeed all public services – if we want good performance from them. If the conditions are bad and salaries are outstripped by rapidly rising inflation our civil servants will compromise their integrity, resort to corruption and squander the resources entrusted to them. Therefore, saving on civil or public service salaries is a false economy. And, above all, it is the way to lose talents. Given the fact that we have a pool of educated and trained men and women in the Diaspora the TFG policy or the policy of any successor government should be to attract talents and reverse the brain drain.

I have heard arguments before when I was in the Service myself that the country could not afford the high salaries which the educated class were asking for. But this was untrue for two reasons: first, persons who did not have even elementary school certificates were in high places and drawing fat salaries because they were well connected; secondly, they and those in the lower echelons were already living above their means obviously by diverting resources for their own personal use. This undoubtedly has had a nefarious effect on the transformation of our values. It is therefore much more economical to give high salaries and improve other conditions of service as well. After all, it is the human resource that creates and transmutes other resources.

Conclusion

The TFG is all we have now. We cannot deny it the support and the resources it immediately needs and then expect it to do well. In the eyes of some of us the TFG may be bad or fall short of our expectations. But, seventeen years of anarchy and bloodshed must have taught us that a bad government is better than no government at all. Our task should be to build on and improve what we have, knowing full well that a bird in the hand is better than ten in the bush.

The federal system is too complex and too expensive. But it has already been adopted by the Djibouti and Kenya conferences. Federalism is clearly a fait accompli which must work for us. Unlike before, we have many educated people equipped with the highest academic degrees and they are to be found everywhere in the Diaspora. I think they should consider working for and helping in the reconstruction of their country. It is time to put the past behind us and begin in earnest to rebuild our country.