Does the Traditional Land Use System, Xeer, Have a Future in Somalia?

Everyday the world is confronted with abrasive images of the violence in Somalia, yet attempts to analyze and explain the aggression are generally slimmed down to explanations of tribalism.  It is true that the geo-political history of the 6 primary clans does play a large part in the constant fighting, however there are additional social factors that can undermine or facilitate a potential end to the violence.  With IDP camps scattered across the country, planning efforts to stabilize and rebuild this exhausted landscape will need to build upon a history of tribal, religious, colonial, and government efforts to control the land.  Xeer is perhaps the oldest land use tradition in Somalia and deserves special attention.

According to a UN-Habitat study in 2005, Xeer has 11 primary commandments:

• Land and any resources found on it are common assets of the clan or the primary lineage that permanently lives on it.
• Pasture is free for all pastoralists irrespective of clan affiliation in time of need.
• Pastoralists should preserve, and not burn, deserted thorn pens for animals.
• Generally nomads can not settle in the grazing valleys, however, in some regions pastoral hamlets may not be allowed to settle in the middle of grazing valleys.
• Individual pastoralists should not destroy shared pasture and fruit bearing trees
• Neither visiting grazers, nor local pastoralists, may establish commercial camps on grazing land.
• Private enclosures or farms on grazing lands are prohibited.  No one is allowed to cut grass and transport it into another area.
• Visiting grazers must respect Xeer and maintain peaceful co-existence with the host communities.
• A committee of elders from the visiting group and the local community is empowered to resolve conflicts.
• Kinsmen should assist each other in hard times, particularly during long migrations.
• To reserve an old pen for private use, the head of the pastoralists group should clearly leave leave a mark in the front of the pen.

A quick review of these 11 tenants reveals the fluid nature of land use and its exchange between clans, sub-groups, and individuals.   As Somalia hosts extreme environments and the economy is historically rooted in animal husbandry, this fluid exchange is essential for the survival.  Nonetheless, these rules could quickly get messy in an urban environment where public space and private property blur the lines between social and personal use.  

In an urban environment, how do the the concepts of Xeer take on new meaning?  Can one interpret a vacant plot of land or an apartment available for use?  Does an individual acquire the private right to a piece of property by means of long term occupation?   It is likely that the role of Sharia Islamic law becomes an important element in negating these difficulties, yet as Sharia often has a focus on family and tribal rights, it is difficult to determine if Sharia can provide the appropriate tools to transgress private property disputes.  

Although many of these issues have been explored and expanded upon in depth in cities of Somaliland and Puntland, it is less certain how these problems will be resolved in places such as Mogadishu and Kismayo in the future.   I suppose if the nation were to be united under a Sharia based system, there would be a basic framework to construct new land use laws that are consistent with past systems.  However if a new, secular constitution is in place, that may create a new problem as the importation of techniques abroad might appear too much like an act of colonialism.  

Ultimately it seems that viable land use laws need to build upon the intrinsic, informal systems that have dominated the geography of Somalia for centuries.  Yet as long as border disputes and a weak government prevail, there are limited means to update the antiquated systems to engage a global economy.  In future blog posts I will continue to investigate the the role of Xeer, in particular in relation to Sharia and secular law, as tools for future stabilization and reconstruction efforts.

The Role of Land Use Laws in Architectural Planning and Design for Reconstruction, Refugee, and IDP Camps

When the earthquake immediately happened in Haiti, I recall having several conversations about the creation of IDP camps and popular criticisms regarding a slow reaction by aid agencies.  Time and again, as natural disasters strike, displaced populations are forced to seek temporary shelter  while various actors struggle to put the pieces beck together.  A key, yet heavily under discussed element of this process, is the role of land use laws and ownership.

Land ownership is a messy situation in impoverished countries, as formal systems of documentation and ownership found in the wealthiest countries simply do not exist, or are incredibly corrupt and complicated.  Economist Hernando de Soto even advocates that much of the world is trapped in poverty primarily because populations lack access to the articles of ownership and leasing of property.  Without deeds, leases, or contacts to facilitate transactions of property, the greatest commodities are the least utilized.   Without these mechanisms, land use and ownership laws vary by culture and economy, such as in Somalia where the traditional Xeer system is founded upon the interests of nomadic pastoralism. In much of Somalia, Xeer works alongside  secular state law and Islamic Sharia law to form a loosely understood system of Somali Common Law.  While it is a challenge for outsiders to penetrate these complex, informal systems, it is often just as difficult for residents to pursue the formal channels of land ownership in their on countries.

Given the range of land use laws that exist in a single site, it is no surprise that humanitarian action can be slow and difficult.  In an emergency, the rights and regulations of land use and ownership are not suspended, but must be integrated in the recovery process.  This of course does great disservice to the most vulnerable populations, who are left seeking safety along public transportation roots and government land.  To complicate matters further in Haiti, many citizens to not hold land ownership but rent or sharecrop land from an often absent landlord via informal agreements that have been in place for several decades or longer.

If informal arrangements dominate the settlement of displaced persons in Haiti, how can designers, architects and planners advance the reconstruction of Port Au Prince and surrounding regions?  Whereas the city organically developed by means of these loose arrangements, can a western system of design and planning facilitate the reconstruction?   Clearly it is possible to introduce new housing and urbanism solutions, but then a new complication will arise, as it demands the finding and rightful compensation to existing land owners.   Of course this process takes time, and under the constraints of a pending crisis time always appears to be the one resource that is never available.

Somalia's New Army already has a History

Today a story was released by the associated Press that a 1,000 man army is in development in Somalia's northern region of Puntland to fight against Piracy.  It is funded by anonymous Muslim nations is operated by the private security organization Saracen International.  This immediately brings to mind two points:

1. Saracen International?  Seriously?  Saracen was a an ancient Roman term used throughout the Crusades in reference to Arab and/or muslim populations.  The name stuck around forever, one can even find it in Mark Twain's Pilgram's Progress as he travelled across the Middle East but it continued to be used in a negative fashion.  Considering it carries negative, perhaps even racist connotations, I'm surprised that a mercenary group would name themselves as such.

2. According to Associated Press, Saracen International is the rebranding of the mercenary/private security organization Executive Outcomes.   If you by chance have read the book Dogs of War, you are aware of the attempts by Simon Mann to seize and control distressed African nations.  After he staged a coup in the Canary Islands, he later used  South-African company Executive Outcomes to sieze territorial control in Angola in the early 90s.  Executive Outcomes, and Mann's other venture Sandline International, faded out of the mercenary business sometime around 2000.  However it looks like they're back in business.

In the meanwhile, unknown donor nations attempt to control the piracy problem on the coast, the primary conflict in Somalia continues to escalate and millions of people continue to search for safety.  In the last 3 years a section of displaced peoples from Mogadishu have been establishing a new settlement known as the Afgooye corridor.  Satelite photos have revealed an astonishing degree of settlement recently as the regional violence continues.   I also embedded additional videos below from UNHCR on the Afgooye Corridor.

Afgooye Cooridor, Ceelasha Somalia, October 2007

Afgooye Cooridor, Ceelasha Somalia, July 2010

UNHCR Video mentioning the Afgooye corridor.

The Shermeyateva 16, Somali Refugees Stranded at Airport in Moscow

Have you ever seen the Tom Hanks movie about the man from Eastern Europe who is stuck in an airport when when his country implodes and invalidates his passport before reaching customs?  That movie was based on the real life experience of an Iranian man who was stuck at a French airport due to his own idiocy.  The man had acquired refugee status in Belgium, then got on a ferry to England and sent his legal document back to Belgium in the mail, thus leaving him stranded between borders with no legal clearance.  Later he wrote a book about it, which I found shoved in the corner of guest house in India, and have wondered periodically about how the matter was resolved.

But these stories are more than fiction.  Such things actually happen.

A few days ago I received an email that said the following:

This past weekend I was traveling in Russia and I encountered a group of 8 Somali refugees who told me they have been stranded in the Moscow airport for the past nine months.  I spoke with two who have very good English.  The group is safe, but they are sleeping on the airport floor surviving on instant soup and have not been able to leave the airport at all.  I'm assuming this is the same group who Rachel encountered in June.I found your contact info on the forced migration list serve via a Google search and am following up to see if you have any additional information or ideas for how to support them.  I have referred them to the Advocates for Human Rights, a Minnesota-based organization in the US, but am looking for all ideas for how to help them.  The situation seems inhumane and I would like to do whatever I can to assist them in finding a permanent new home. A Russian airport staff person has donated a laptop to the group and they have internet access.  Here is the email address that can be used to reach them [redacted].

Please let me know if you might be able to help this group, or suggest someone who can, or have any advice for the best way to raise the profile of their plight."

Having read something about this sometime during the summer, I was disappointed to learn the situation is otherwise unchanged.  Airports are a legal curiosity, as they present passengers with a 'legal fiction' of control between border points while remaining trans-national space.  Yet I cannot wonder about the particular issues facing this group.  Were they denied entry to Russia?  Were they denied exit?  Were they in transit to another destination but lacked transit visas?  What happened?  If anyone can tell me more about this, I'd like to hear about it.  You can contact me here.

The Seemingly Impossible is Possible

Today I am sharing Hans Rosling's presentation at TEDTalks, wherein he uses a wealth of statistical data to show how the world is changing - for the better.  He begins this by presenting an excellent analysis of aggragated data, comparing the GDP of countries vs. their infant mortality rate over the last 100 years.  The data reveals the discrepancies between economic growth and social development, for example, in 1957 the United States had same economy as contemporary Chile, yet only in 2002 does the quality of health with the United States reach the quality of health within Chile. As the presentation advances, he introduces the lessons learned from his long experience as a public health researcher and strategies toward mitigating the obstacles toward further advances.   What I love most about this presentation is that he deconstructs the industrial/developing mindset and shows that many of the countries in the world we consider 'developing' have actually advanced more in the last 50 years than any other country in the world if one were to accurately consider the circumstances these countries were facing 50 years ago. Not only is the presentation insightful, but it is incredibly entertaining as well.  Enjoy.

Now Online: An Assessment of Sphere Humanitarian Standards for Shelter and Settlement Planning in Kenya’s Dadaab Refugee Camps

Photo: Evelyn Hockstein for The New York Times

I am pleased to announce that my graduate Community Planning thesis in International Development is now online.  Although it has been published to various academic research databases, I am also making it available online through this blog.  For those interested in the Sphere Humanitarian Charter's Minimum Standards, this thesis examines the applicability of the Sphere emergency shelter standards to a protracted crisis, specifically the Dadaab refugee camp.  The research process includes an assessment of local shelter construction, refugee camp design by the Norwegian Refugee Council within Ifo II, and an older pres-sphere agency shelter design.  Research was conducted in the Dadaab camps  in 2007 with follow up research in 2009.  To download the pdf, just click the link below.   I am also pasting a copy of the abstract below.

An Assessment of Sphere Humanitarian Standards for Shelter and Settlement Planning 

in Kenya’s Dadaab Refugee Camps

Abstract

This thesis examines the viability of Sphere Humanitarian Shelter Standards within the construction of Ifo II, a new refugee camp in the Dadaab refugee camps of northeastern Kenya in 2007.  One of the largest refugee settlements in the world, the Dadaab camps contain over 300,000 refugees and have been in place since 1991.  As the Sphere Standards have been designed for use within an emergency crisis, this thesis investigates their applicability in the protracted settlement of Dadaab by utilizing a recent shelter initiative as a case study.

In 2007, the Norwegian Refugee Council (NRC) initiated a new housing and camp expansion project in Dadaab to accommodate future population growth and to overcome many of the problems of the earlier camps.  Committed to sustainable solutions for displaced populations, the agency relied upon the Sphere Standards as a means to provide culturally, environmentally, and economically appropriate housing and infrastructure planning.   To determine if Sphere Standards meet the needs of the refugee populations, three months of qualitative research were undertaken within the Dadaab camps in 2007, with additional follow-up research in 2009.   Field research focused on the socioeconomic roles of informal housing consolidation strategies in the camps, pre-Sphere agency-provided housing, and the new NRC camp expansion.

Field research revealed that Sphere does not provide the tools necessary to contend with the matured socioeconomic dynamics of a protracted settlement. By expanding the standards to include a stronger recognition of the conditions which frame the lives of those in protracted displacement such as national policies, regional conflict, and local market activity, Sphere will provide humanitarian agencies with the means to provide displaced populations with better shelter and settlement solutions.

History of Somalia and a little East African Hip Hop

- I found a great website today that has saved me a lot of frustrations, Mogadishu Images.  For weeks I had been tracking down antiquated photographs, maps, and postcards of historic Somalia and attempting to locate the existing structures on google maps, only to discover that someone else was likewise doing the same thing!   I strongly suggest anyone with an interest in the anthropology, architecture, or history of the region to check it out.

- The initial research for my current project in East Leigh has been concluded.  I'm still working on the write up, but I plan to submit the document next week for publication.  It will surface sometime in January.  Once I know more about the date of public release, I intend to supply a brief video version of the article online.

- After some phone calls, Waaya Cusuub, the hip hop group  I had mentioned in my previous blog entry about  Somali hip hop protest of Al Shabaab in Eastliegh, is interested  in collaborating with me for a new track. Although I presently work with some hip hop artists in Nairobi,  this will be a opportunity to expand into a new market with increased visibility.  I just finished a track last week that I'm going to send them.  You can listen to the rough draft below.
If it says unavailable, just click the track name at the bottom, The Sand Beneath The Whale.


 The Sand Beneath The Whale by Mitchell Sipus

Eastleigh Hip Hop Boys -Waaya Cusub - Straight from the Streets of Nairobi's Little Mogadishu

Waaya Cusub, the New Era, is a hop hop group based in Eastleigh Nairobi, also known as "Little Mogadishu."  As Somali refugees living in Kenya, they live with the frustration of not being allowed to access viable employment or education opportunities, and are stuck in Kenya with no near chance of ever repatriating back to Somalia.

Yet these particular boys, and their female partner Falis, have directed their frustrations into hip hop music that not only discusses their situation, but also criticizes Al Shabaab as the basis of their problems.  Within the song Al Shabaab Al Qaacida weeyan, No To Al Shabaab, they accuse the militant group of causing more damage than good.  They also perform in Af Soomali, English, and Kiswahili to access the wides audience possible.   

The chorus of the song roughly translates as:

" Who is responsbile of that massacre? Al-shabaab."  

"Who is responsbible for the setback? Al-shabaab."

I don't really know any Somali, but the Swahili part's that I understand basically say that these guys love peace and Al-Shabaab is killing their freedom.  Oh yeah, and there is a part I must be misunderstanding, because I'm hearing "Unanua paka" which translates as "You kill cats."  That can't be correct.

As Al-shabaab's presence extends deep into Eastleigh, owning local businesses and maintaining an imprecise but noticeable social presence, the songs of Waaya Cusub have put them in danger.  Al-Shabaab retaliated by issuing a fatwa against the group, demanding that they are killed.  So far nothing has happened to them, as few people are going to acknowledge such crazy extremism by this militant group, but it is clear that raising their voices on behalf of their community has been at great risk.

Going to Nairobi? Stay with my friend Tom at International Guest House.

Today while figuring out some logistical issues for a research project I'm coordinating in Eastleigh, Nairobi, I happened to stumble across the website of my good friend Tom Kamau.  Today I when I found his new website, International Guest House, I felt that I should make a point to share with everyone. I'm not normally inclined to promote a particular business or product, but this is an exceptional case.

Last time I was in Nairobi, I was in a very difficult situation.  Given the large gap between rich and poor, it can be a challenge to find a place to live.  To find an apartment in Nairobi with only a couple hundred dollars in my pocket, I had no visible options.  It would not have been safe to move into one of the slums, nor could I live with my friends in East Leigh.  I also wanted a place within walking distance of downtown where I was working everyday.   I was left to wander the city and find a place, with only a few days to do so.

One day I was wandering through Upper Hill, looking for a particular guesthouse  I used to frequent, only to discover it had been fully abandoned.  Walking down a side street I saw a sign for the International Guest House, and after passing through the gate, I met Tom Kamau and discussed my need for housing.  When I met Tom, he was a long time successful businessman who was struggling with the sudden loss of tourism prompted by the US recession.   He also understood that I was in a difficult situation and out of kindness offered me an apartment on his property within range of something I could afford.

I immediately moved in, and found that Tom continued on multiple occasions to provide help with any problem I might have.  In exchange I tried to find ways to help Tom better market his business and attract more guests by discussing website development and online marketing strategies.  Unfortunately I had to leave before I could really do as much as I wanted, but as Nairobi is one of those difficult places to avoid, I'm certain that I will always continue to stay at the International Guest House every time I return to Kenya.  If anyone else happens to be in the area and needs a place to stay, make a point to check it out.

The Burundi Fund for Hope and Restoration

Bujumbura, Burundi   BFHR 2010

Within one year from now, I look forward to the Burundi Fund for Hope and Restoration being on the ground and in fully in motion.  As a member of the BFHR's Board of Directors, its been a slow process for the last 8 months as we have worked to coordinate with local agencies, refine our programming scope, and develop our fundraising processes.  However the continuous efforts of the team to work toward enhancing education opportunities for the youth of this East African Nation are finally coming to fruition.  I will be soon blogging much more on the status of this agency, as we are on the cusp of putting all the initial planning into action. 

The mission of the Burundi Fund is to assist repatriated refugee children to access the education they deserve but cannot afford.  Although primary schools are free in Burundi, secondary education often requires tuition ormany children cannot attend as they cannot pay the additional costs.  Schools may be to far away, supplies, books, and school clothes are prohibitively expensive, or the family needs the child to stay home to assist with domestic duties, such the family business or as local labor.  As a result of conflict and poverty, Burundi has a national literacy ranking of 150 out of 177 according to the United Nations Development Program.

Burundi School Children   BFHR, 2010

The Burundi Fund specifically works to assist the needs of repatriated refugee youth within Burundi. After having lived in camps for as long as 15 years, and returning as strangers to their homeland, repatriated youth are among those with the greatest challenge to access opportunity within Burundi.  The Burundi Fund addresses this problem by working to secure improved access and options to students of all ages with coordinated partnerships with local agencies and businesses so that this education may directly carry over into employment opportunities and expanded markets.  

Please join our Facebook page to receive more updates about Burundi Fund and how you can get involved.  

More information about returning refugee youth to Burundi can be found in this UNICEF video.

Building a Bridge to Africa

I've recently initiated research on the socio-economic impact of a bridge presently under construction between Djibouti and Yemen, also known as the Bridge of Horns.  While this small stretch of water is already a major trade route between the Horn of Africa and the Middle East, the development of this 16 mile bridge will make a major impact upon intercontinental trade by creating a direct linkage between the oil import producing nations of the Gulf with other production sites such as Sudan, and streamlining consumption by emerging economies such as China.  However I'm looking at what other externalities the construction of this bridge will establish, in particular its role among informal migrants who steadily attempt to access Yemen at great risk.  As Yemen presently developing into a formidable conflict zone, I am curious how back-linkages will additionally occur, feeding militant assets such as weapons and ideology into existing African conflict zones.   I will be writing more about this project in upcoming blog posts.

Mogadishu, Photo by Frank Langfitt/NPR

Speaking of spreading conflict, NPR hosted a decent  4 part series this last week on Somalia.  Journalist Frank Langfitt went to Mogadishu to assess the current state of things within this war torn city.   There were two aspects of his story that I found interesting, one about how political corruption slows the process of payment to Somali soldiers who are willing to join the AU and fight against Al Shabaab, the other regarding the influence of Al Shabaab within the Kenyan neighborhood of East Leigh.   I was just talking to a Somali friend of mine who lives in that neighborhood, and while I've found it a welcoming environment at the times I've been there, its interesting to hear that some of the businesses are now owned by Al Shabaab who has slowly permeated their influence within the neighborhood.