Security and reconciliation seem to be interrelated and can influence one another. Reconciliation can lead to peace as it did in Somaliland and Puntland.

 The Transitional Federal Government (TFG) needs to take the security issue very seriously. As a matter of priority, the government has to secure the areas under its control. Apparently TFG does not care well about the training and payment of its security and law enforcement areas; therefore causing bad discipline of the soldiers. 

 Peace can come from two sources: from the institutional system exercise and from the public. Also TFG has to formalize its relations with Ahlu Sunnah and the warlords so that the government can avoid future conflict with them.

 About reconciliation, three main issues need to be looked into: 1) The kind of reconciliation – political and non-political; 2) Levels of the reconciliation; and 3) Representation and participation of reconciliation conferences. The concept of reconciliation should go beyond mere ‘power-sharing’ deals to pave the way for a genuine reconciliation. The current reconciliation required should be between the government and the armed oppositions.

 Accountability and transparency are also very important for the TFG because the little resources available need to be cautiously utilized. Lack of transparency can sometimes contribute to conflict within the top leadership of the Transitional Federal Institutions. There is a need to establish an independent national audit body.  

 Governance issues that are of importance but at this stage not a priority include: public services, regional and international relations.  

 The report summarizes the panel discussion. 

2.0       INTRODUCTION

 The National Civic Forum (NCF) regularly organizes public forums for the Somali Community. Through different programs, NCF supports all stakeholders in their efforts to establish and advocate for an effective mechanism for local, regional, and national dialogue and for the respect of human rights and development.

 NCF provides a platform where ideas that can bring positive change are generated. NCF makes direct contacts with authorities concerned to deliver the recommendations of the discussions. It also shares the outcome of the discussions and scholarly papers through its website and a magazine named Bildhan.

 The aims of the NCF include:

a.       The generation of ideas relevant to the Transitional Federal Government’s mandated period and beyond; and to make the ideas the base for new public debates and discussions on the welfare of the Somali people.

b.      Dissemination of ideas through the mass media and publications

c.       Persistent and positive engagement of the Transitional Federal government, the Somali Society, and International community, particularly those interested in the welfare of the Somali Republic.

 The agenda of the panel discussion was on “governance issues in Somalia” given the current situation in the country.

3.0       METHODOLOGY

3.1         Objectives

The overall goal of the panel discussion was to allow the participants to analyze and recommend on governance issues.

 The specific objectives included:

1.      To discuss the current issues affecting Somalia

2.      Analyze what is the TFG doing about governance issues

3.      Recommend on ways to improve governance issues

3.2         Participants

About 15 persons were in attendance in the panel discussion. The participants included civil society organizations leaders, academicians, students, intellectuals, business people, media professionals, and youth activists. The diversity of the participants’ backgrounds and professions has given the discussion a nice flavor.  

3.3         Venue

The panel discussion was held at Silver Springs Hotel, Nairobi. The venue was quite convenient for the number of participants.

3.4         Discussion Format

There were two sessions in panel discussion. The first half was for opening remarks, introductions, background setting, and analytical discussions on governance issues. In the second session, discussion on governance issues was continued. Due to their smaller number, the participants had the opportunity to discuss the issue more thoroughly.   

3.5         Facilitation

The roundtable was facilitated by Eng. Hassan A. Dirie, the coordinator of NCF whereas Ahmed Ugas was the rapporteur.

4.0       DISCUSSION

4.1       Opening Remarks

After the introductions, the agenda of the panel discussion was tabled. The opening remarks were followed by the overview of the current situation in the country.

4.2         Current status

As we know there was no effective central government in Somalia since 1991. Since then, states like Somaliland and Puntland were established in the northern part of the country. However, the south-central was ruled by warlords who could not agree on a system.

 However, the Somalia problem was seen as local until 2001 when the issue of the so-called terrorism became a major concern. Later piracy off the coast of Somalia has drawn the world eyes on Somalia.

 In Somaliland, an election is expected to be held in September this year. About millions of US dollars were spent on the election process. But there are disputes on voter registration. The opposition parties are warning of vote rigging.

 There was a change in Puntland’s leadership early this year. An educated president has been elected. Though there is insecurity in areas like Galkayo, but the public has welcomed the change.

 A new leadership of the Transitional Federal Government (TFG) was elected in Djibouti in January 2009. People were expecting security will improve since Islamists came to power and later passed a sharia law bill which was condition for some Islamists. But this did not stop the fighting, as a new wave of fighting, this time among the Islamists, started and resulted more casualties and displacement.   

 On the other hand, the opposition groups are not united and do not have a political agenda. Both TFG and the opposition are preparing for war. Since May 2009, there was fighting and there are no ongoing negotiations. Some warlords are planning to retake areas they have lost earlier.

 The plan of opposition was that if continue fighting AMISOM will be forced to leave and consequently TFG will fall apart. However, it seems the TFG is not collapsing. There are allegations that Ethiopia is arming warlords and Ahlu Sunnah Waljama’a. Another challenge is that who will guarantee that the warlords and Ahlu Sunnah would not oppose TFG.

 Piracy has internationalized the Somalia conflict. More than 300 ships from about 30 countries are patrolling the Somalia coast. Countries that had diplomatic disputes such USA and China; Arabs and Israel, etc have been united to fighting piracy. Sadly, no one is asking what these ships are doing there. Piracy has also negatively affected the country causing inflation.  

 Foreign intervention has also been blamed for contributing to the lack of stable and effective government system in Somalia. However, it has been pointed out that regional and international players have a right to show their interest in a country, but it is up to the leaders of that country to decide. It is also the leaders who can positively engage the foreign players. If there is no strong government in the country, there will be piracy, killing, etc and foreign intervention will be inevitable.  

 There are also allegations that Ethiopia is working on creating new states mainly in south and central Somalia. These regional blocs may create obstacles for a strong central government for Somalia. An example is Puntland which is making huge demands.

 Though many Somalis put high hopes on the current TFG, but it seems it lacks necessary requirements to function normally. Structurally, the cabinet has been expanded unnecessarily causing conflict of responsibilities among some ministries. For example, ministries of reconstruction, public works and procurement may overlap. And in that case, secessions cannot work. The people do not work, and you cannot force the people. The world is not like that in 1960s. it can be possible that some neighboring countries want a weak Somali govt. it is up to Somalis to accept.

4.3              Governance issues 

Somalia had a history of poor governance even before 1991. If Somalia is evaluated based on the following 4 points, one may see where Somalia stands. 

1. Effective govt. policy: the policies must reflect on the best interests of Somalis and should be practical. The incumbent TFG has passed a national plan in March 2009, but the technocrats that would implement the plan are not there. Some ministries are not even well-staffed to turn the plan into action.
2. Respect for rule of law: everyone should respect the law they have agreed upon. In Somalia, the Transitional Federal Institutions do not sincerely respect the constitution and rather always members may be lenient to their own personal interests than the national interest.
3. Protection of human rights: human rights should be respected. Such rights include right of business, worship, speech, etc. Unfortunately human rights are not respected in Somalia;
4. Effective Civil Society: We mean effective because they are watchdogs and gatekeepers. They have to work for the interests of the people. Though civil society has taken active role in social fronts such as education, business, etc but they still have a room to double their efforts.

However, the participants brainstormed the main governance issues that need to be addressed in the short term, which is below: 

a)      Security

b)      Reconciliation

c)      Accountability and transparency 

d)     Public Services

e)      Regional relations

f)       International relations

a) Security: 

Security is the most important governance issue for Somalia at the moment. Due to its significance, it has taken most of the time. For example, people in Mogadishu are living under fear. In the government-controlled areas, one is afraid for their properties such as mobile phone, cash, etc where in opposition-held zones, the educated and aid workers are targeted with assassinations and threats. 

It has been discussed that peace and security can come from two sources: 

1. From the Public
2. From Institutional System 

i. From Public:

The society should agree on living in peace. Every member of the society has to respect peace and those who violate have to be punished. The civil society can take role in this regard. Such initiatives have been successful in Puntland and Somaliland. The security in Somaliland and Pubtland is mainly from the public. In fact, the Somali people are not bad in nature, but lack good leadership.   

ii. From Institutional System:

Security can also be imposed by the governing system. It mainly consists of the judiciary system and law enforcement departments, particularly the police. The police must be trained to protect the citizens. Their training is different from the army which deals with the external enemy. Since the TFG does not have trained police forces, it has to dedicate resources to train its police. If the behavior of the policeman improves the public will respond positively. 

TFG does not pay attention to the welfare and education of its security forces. It only cares about the gun of the soldier thus neglecting the stomach (pay) and mind (education) of the soldier. As a result, a hungry and uneducated soldier will eventually sell the gun or will raid and rob the civilians. 

Another challenge TFG is facing is that of the mismanagement in the security forces sector. More than 15,000 soldiers are said to be in the government payroll but less than half of that number actually reports for duties. Some also believe that post-Siad Barre regimes do not seriously want to establish a strong army because they are afraid that such army will overthrow them. 

As far as the judiciary system is concerned, its personnel need to be trained and empowered. The system must be just. At present, TFG does not have an effective judiciary system.    

The Somali civil society has a role in peace building. The educated Somalis need to seriously work for peace building. But they are taking their role. Instead of working for change, some educated persons become advisors to the warlords. Some of the businesspeople do not want peace because they make money out of the conflict but do not understand how peaceful Somalia would create more demand for their businesses. 

World has seen conflicts and other problems. Each nation was saved by a group of people or, at times, an individual. To bring a change we have to start from our behavior and work seriously. 

In the long term we need to promote a peace culture. If you critically look at the Somali culture, you may observe it has elements of violence. Starting from childhood experience to behavior of teachers towards students, Somalia’s violent has to be changed from basic human institutions that are the family and the parenting systems, basic education etc.  

Recommendation: 

• TFG has to secure the areas under its control so that the people can believe that the government is taking care of them;
• TFG has to reach out the people and inform them what efforts it is making in the security sector. It must seek the public support in peace building;
• The government has to announce its security plans and let known to the public;
• The government has to ask the AMISOM to stop shelling the residential areas or responding to the opposition forces who at times fire from densely populated areas. And the government has to realize that it is more responsible than the opposition;
• The TFG needs to increase the quality and quantity of its soldiers and also has to review the current mechanism that its forces are composed of; to make sure that the TFG’s police and military forces must be nationally integrated and not belong to particular clan or a leader other wise the TFG will loose the credit and support of the public if the public feel that the current security forces are groups belonging to and controlled by a particular clan or leader;
• The government has to distance itself from intervention of Ethiopian forces into Somalia because if Ethiopia can help Sharif’s regime it could have done for Yusuf’s;
• The Civil Society has to take a role in peace building. There must be conflict transformation. Peace education courses must be incorporated in the curriculum from primary to university level education;
• The Government has to create employment programs for the youth. If the government does not attract them, they will be recruited by the warring factions vice versa; 

b) Reconciliation: 

TFG has to consider reconciliation as an important element of its national agenda. A genuine reconciliation can bring peace. Incumbent TFG has repeatedly called for a dialogue with its opposition, but such talk stopped in May 2009 when a new wave of fighting started. 

On the reconciliation issue, the participants sought answers to the following questions: which KIND of reconciliation? WHO are we reconciling? Which LEVEL: from up to bottom or vice versa? 

Some argue that Somalia did not see a serious reconciliation initiative. The politicians see reconciliation as merely “power-sharing.” This misunderstanding is enforced by the fact that the reconciliation efforts in Kenya and Djibouti resulted change of leadership. Abdiqasim Salad was replaced at the end of the 2-year long conference in Kenya. Likewise, Abdullahi Yusuf was changed in Djibouti early this year. Therefore, Sheik Sharif and his team are afraid that the typical Somali reconciliation will lead them to the footsteps of their predecessors. 

Another issue affecting the reconciliation is to decide the representation of participants. Participation of reconciliation conferences was a monopoly for the warlords until 2000 when the civil society was invited to the Arta (Djibouti) conference. Perhaps due the civil society involvement, it was the first time a central government was formed under the name of Transitional National Government (TNG). 

The majority of those who participate in reconciliation conferences are from the Diaspora because they have access and can afford to stay at the conferences for a longer period of time. In the process, local contribution is compromised.   Another challenge facing reconciliation in Somalia is who is entitled to reconcile warring parties. Egypt has recently announced it is organizing a reconciliation conference for Somalis. Locally some clan elders at times announce they will mediate the government and its opposition. Therefore, it should be made clear who has the powers to launch a reconciliation initiative. 

For example, three main parties can be entrusted to lead the reconciliation efforts. First is the ministry of reconciliation which can represent the view of the government. Secondly is the Ulema Committee which is recognized and respected by the majority of the public. Thirdly, National Reconciliation Commission, if empowered by experts and veterans, can take its role. 

About levels of reconciliation, currently there is no clan fighting. The main conflict is between the TFG and its opposition. In the first phase, the government has to coordinate with Ahlu-Sunnah which seems to have loose connection with the TFG. Otherwise Ahlu Sunnah and its associate warlords will become potential obstacle in the future. The international community and Ethiopia can be used to reach the warlords. Since the warlords are power-hungry; they should be accommodated in the government system. If warlords are left alone, their behavior will reinforce the opposition groups who seem to be draining their argument for fighting. In fact, the opposition is not cohesive. There is a growing difference between the two main opposition groups: Alshabab and Hizbul-Islam. Alshabab, which is the stronges opposition group, does not have a clear Somali agenda while it is leadership structure is unknown; thus complicating any negotiations with the government.   

However, the following are among the top obstacles facing a genuine Somalia reconciliation:

• No two clans were reconciled in the reconciliation conferences. They start and end with power-sharing discussions. The signatories of the agreements are the genuine representatives of the people because they can not implement what they have agreed on
• The parties in conflict are not independent. For example, Alshabab is not independent from may be foreign links and influences; therefore, its decisions have to be pre-approved by their backups. So does the TFG which has to get a green light from the so-called ‘international community’.

Recommendations:

• TFG has to engage Ahlu Sunnah and the former warlords who are currently against TFG’s opposition groups;
• Open the door for the opposition using, at times, informal channels
• To avoid conflict of initiatives, the entities that can lead the reconciliation efforts must be clear. TFG Reconciliation Ministry, the Reconciliation Commission, with some modifications, and the Ulema Committee should the main agencies leading the process;
• We should learn from the African countries that had undergone through conflicts but managed to reconcile such Rwanda and Burundi;
• The militias need to be rehabilitated. Former warlords’ militias are still fighting for the Islamist warring factions. We have to take them out of this vicious circle;
• The TFG has to positively utilize statements and verdicts issued by local and the international ulemas. This can prove that the current fighting does not have religious justifications. This can be done through proactive media;
• The govt. has to come up with clear plans for reconciliation.

c) Accountability and transparency: 

There is a lot of talk over the transparency issues of the TFG. The panel discussion has highlighted various issues concerning accountability and transparency in Somalia. In a recent interview with President Sheik Sharif he has aggressively answered to a question on how much his government has received from pledges made in the fund-raising conference in Brussels early this year. 

In fact, the panel has underlined that the insecurity is contributing to the lack of transparency in government resources. For example, the President, PM or even the defense minister cannot physically check the number of TFG soldiers; therefore, have to depend on numbers provided by militia foremen. 

Another example is that an audit company has recently been appointed by the Minister of Finance; but some MPs opposed such step. The panel sees that transparency is a major issue for Somalia. Some analysts believe that the major factor that caused the conflict between former President, Mr. Yusuf, and former PM, Mr. Geddi, was a fight over the control of resources. Therefore, mismanagement of funds at times contributes to the conflicts within the transitional federal institutions, and this has been practically experiences and known to everyone. 

Recommendations:

• There must be an independent national audit body;
• Accountability and transparency are part of the solution of the country; 

d) Public services: 

To be fair, we can not expect any tangible public service from the current TFG. The private sector has filled the vacuum left by the state and provides basic services such as water, electricity, education and medical services. At present, the public only need peace, law and order. 

e) Regional relations: 

The TFG administration seems to be limited to a few districts in the capital. The government has to work to expand its administration in pro-government regions, and try to engage the local traditional elders as well as the Somalia citizens from all the regions through the use of media. The TFG can express its national agenda in terms of security and peace, reconciliation, etc to Somali public throughout the regions by the use of the media to raise and educate the public about their government and their future. 

f) International relations: 

TFG has relatively succeeded in the international relations front. At a time when the world needs a legitimate authority to deal with, TFG’s international relations will be strong and it is up to the TFG to leverage on that opportunity for the desperate Somalis.