“Protracted State Collapse in Somalia: A Rediagnosis” Review of African Political Economy (2003) Ken Menkhaus In October 2002, several hundred Somali political figures assembled for a national reconciliation process in the Kenyan town of Eldoret.1 This internationallysponsored meeting is the latest in over a dozen external attempts since 1991 to broker a peace and revive central government in Somalia. The Eldoret process boasts several improvements over previous efforts – more unified support from external actors; more comprehensive representation of armed factions; and an agenda which emphasizes a long-term process focused on resolution of key issues of conflict rather than mere haggling over power-sharing. Despite these laudable features, however, the talks immediately encountered a host of all-too-familiar problems which threaten to undermine the peace process.2 While it is too soon to write off the Kenyan initiative, it is more likely than not that the talks will be added to the long list of unsuccessful efforts at national reconciliation in Somalia. Wagering on failure is a safe bet in the most protracted and comprehensive instance of state collapse in the contemporary era. The repeated frustrations met by over a decade of reconciliation and statebuilding efforts in Somalia pose a puzzle and a problem. How is it possible that Somalia can remain so resistant to efforts to revive its central government? How do we explain the protracted nature of this extraordinary case of state collapse?3 These questions have special urgency in the context of the war on terrorism. Fears that Somalia’s collapsed state may be exploited by international terrorists have featured prominently in policy debates since September 11 and are a renewed concern following the terrorist attacks in Mombasa Kenya in November 2002.4 The conventional wisdom on Somalia’s crisis includes numerous explanations: that external diplomacy has been consistently misinformed and incompetent in mediation efforts; that Somali leaders have been irresponsible and myopic in their quest for power and their stubborn refusal to compromise; that external states such as Ethiopia conspire to perpetuate state collapse and warfare in Somalia for their own reasons; that collective fear of the re-emergence of a predatory state structure undermines public support for peace-building processes; and that the powerful centrifugal force of Somali clannism works against coalitions and central authority, making quests to rebuild a Western-style central state a fool’s errand.5 All of these theories have merit, and collectively they capture much of the Somali impasse. Still, there are opportunities to advance our understanding of Somalia’s enduring crisis. This article seeks to do just that by drawing on several analytic tools which have not to date been systematically applied in the Somali setting.6 First, the study disaggregates the broad rubric of “state collapse” in Somalia into three inter-related but distinct crises – (1) the protracted collapse of central government, (2) protracted armed conflict, and (3) lawlessness.7 By breaking down Somalia’s crises in this manner, the interests of key actors are easier to inventory and assess. As will be seen, certain actors 1 may have a stake in perpetuating one of these crises, but not necessarily all three, an important observation if we are to comprehend some of the complex political maneuvering by Somali elites. Second, the analysis critically explores the proposition that the prolonged crisis in Somalia is not simply a product of diplomatic incompetence, missed opportunities, and external conspiracy, but also an outcome which has been actively promoted by certain political and economic interest groups within Somalia. The claim that protracted state collapse and armed conflict are actually the desired outcome for key constituencies – an opportunity from which to profiteer, not a crisis to be solved – is one of the basic tenets of the political economy of war literature which is generating a growing body of research on complex political emergencies in Africa and elsewhere.8 As this article will demonstrate, the analytic tools emerging from this approach are of considerable value in shedding light on Somalia’s crisis. Third, special attention is paid to changes over time in the interests of Somali political and economic actors in state collapse. There are obvious explanatory advantages in moving beyond a static situation analysis of Somalia. Major changes in both the dynamics of these crises and the interests in perpetuating them have occurred since the early 1990s. Interests in warfare and lawlessness in particular are radically different today than in the early 1990s.9 Finally, the analysis considers the extent to which risk-aversion and risk management behavior helps to explain otherwise puzzling choices by Somali political actors. It argues that zones of protracted state collapse tend to produce risk-averse decision-making by political and economic actors which result in sub-optimal outcomes (such as continued absence of a central government) and missed opportunities.10 Disaggregating the Somali Crisis Part of the trouble encountered by analyses of Somalia is the tendency to lump Somalia’s multiple crises into a single syndrome. This shorthand has had the unwanted effect of disguising what are in fact a number of distinct crises which can and do exist independent of one another, which have different dynamics requiring different remedies, and which pose different types of threats. Specifically, three distinct crises – state collapse, armed conflict, and lawlessness – must be disaggregated to be better understood and diagnosed. Protracted and complete state collapse. This is the most dramatic and unique aspect of the Somali crisis. There has been no functional, central governing authority in Somalia since January 1991; efforts to re-establish a central state have been both numerous and unsuccessful. The most promising attempt was the Transitional National Government (TNG), announced in August 2000. Unfortunately, it has failed to become minimally operational, has not gained widespread bilateral recognition, and now appears increasingly irrelevant. Even at the regional, district, and municipal level, formal 2 administrations that have periodically popped up throughout the country have tended to have relatively short shelf lives. The terms “failed state” and “collapsed state” have become throw-away lines to describe a wide range of crises. In general, the terms describe a situation in which a central government has either lost control over a significant portion of real estate (territorial collapse), or has lost the ability or interest to exercise meaningful control over territory in which it has a physical presence (collapse of governing capacity) -- or both. By this set of criteria, dozens of countries, especially in sub-Saharan Africa, qualify as failed states.11 But in almost every other instance of state collapse, a weak, nominal central government has managed to maintain juridical sovereignty as a “quasi-state,” deemed to exist primarily because other states say so (Clapham 1996: 22). Somalia’s inability to pull together even the most minimalist fig-leaf of a central administration over the course of twelve years places the country in a class by itself among the world’s failed states. The fact that Somalia’s quarreling political elites have not been able to make such a cynical bargain among themselves – and there is little doubt that the TNG was driven by interests hoping to establish a paper state which would attract foreign aid but not follow through on the onerous task of rebuilding a functional administration -- is itself a puzzle.12 Somalia is, in an odd way, a failure among failed states. The complete and sustained collapse of the central government in Somalia has created or contributed to numerous problems. But it is not inherently linked to other crises in Somalia, such as criminality and armed conflict. Indeed, Somalia has repeatedly shown that in some places and at some times communities, towns, and regions can enjoy relatively high levels of peace, reconciliation, security, and lawfulness despite the absence of a central authority. Moreover, a correlation between the existence of a functioning state authority and a state of peace and lawfulness is not borne out in the broader region. Somalis frequently and correctly point out that both criminality and deadly armed conflict are generally worse on the Kenyan side of the border, despite the existence of a sovereign state authority there. Those tempted to use Somaliland as evidence to challenge this proposition may be baffled to encounter the popular opinion in the northwest that Somaliland enjoys peace, reconciliation, lawfulness, and relative prosperity despite, not because of, the existence of a central government there. This is not to argue that a central state is unnecessary, or that the collapse of the state has not come at a high cost to Somalis. It is only to assert that one cannot attribute all of Somalia’s multiple woes to the collapse of the central government. One corollary to this observation is that strategies to address problems such as criminality and armed conflict in Somalia which presume that a revived central government is the solution are incomplete and likely to result in disappointment. In fact, a case can be made that attempts to revive a central state structure have actually exacerbated armed conflicts. State-building and peace-building are, in this view, two separate and in some respects mutually antagonistic enterprises in Somalia. This is so because the revival of a state structure is viewed in Somali quarters as a zero-sum game, creating winners and losers in a game with potentially very high stakes (Menkhaus 1997:58). Groups (i.e., clans) which gain control over a central government will use it to 3 accrue economic resources at the expense of others and to wield the law, patronage politics, and a monopoly on the legitimate use of violence to dominate the rest. This is the only experience of the central state Somalis have ever known, and tends to produce conflict and risk-aversion rather than compromise whenever an effort is made to negotiate the establishment of a national government. The spate of armed clashes which in 2002 rendered south-central Somalia more insecure and inaccessible than at any time in the past ten years was partially linked to political jockeying in anticipation of the IGAD peace talks.13 It is not the existence of a functioning and effective central government which produces conflict, but rather the process of state-building in a context of state collapse which appears to consistently exacerbate instability and armed conflict in Somalia. State-building exercises have not only been a preoccupation at the national level; they have also been a factor at the sub-national level as well. A quick inventory of these subnational administrations reveals four levels of polities – trans-regional, regional, district, and municipal. Only one – the secessionist state of Somaliland – has endured for more than a few years, but some have shown enough resilience and public support to warrant a closer look. A number of regional and trans-regional authorities have come into existence in the past seven years, following the termination of the UNOSOM operation. Somaliland and Puntland are the only two such entities which have achieved much functional capacity, but a number of others -- the Rahanweyn Resistance Army’s administration of Bay and Bakool regions in 1998-2002 and the Benadir Regional Authority in 1996 – showed some initial promise. Strictly speaking, most of these regional and trans-regional polities are or were essentially clan homelands, reflecting a Somali impulse to pursue a “Balkan solution” (i.e., “clanustans”). Puntland’s borders, for instance, are explicitly drawn on clan lines, encompassing the territory of the Harti clans in the northeast and contested sections of Somaliland.14 Even authorities which appear to be based on a pre-war regional unit are often thinly disguised clan polities. The periodic proclamation of a “Hiranland,” for instance, is really an attempt by the Hawadle clan to declare and control their own autonomous political unit, even though their control extends only to the east bank of Hiran region (Menkhaus 1999). In recent years, the fate of trans-regional and regional states in Somalia has been inversely related to the status of efforts to rebuild a national government. Trans-regional states in Somalia were at their high point in 1999, when both Somaliland and Puntland were operational and a nascent Rahanweyn administration in Bay and Bakool regions looked promising. The “building-block” approach to Somali state-building, a policy favored by external donors at the time, actively promoted these incipient states (Bryden 1999). Once the Djibouti-led Arta peace process began to promote a national government in 2000, however, the regional states declined in importance. Now, with the demise of the TNG, the building-block approach is regaining favor. Renewed efforts to form or consolidate regional states in coming years – almost certainly in Puntland, Bay and Bakool regions, and the Middle Shabelle region, and possibly in Hiran, Gedo, and the Kismayo area – are likely. If these regional states are formed as “clanustans,” however, 4 they will trigger conflict and at worst ethnic cleansing. In southern Somalia -- where, thanks to decades of migration and settlement, much of the ethnic topography resembles the patchquilt of a Bosnia-Herzegovina rather than the ethno-state of Puntland -- the building-block approach is only viable if regional polities are ethnically heterogeneous experiments in co-existence and power-sharing rather than tools of ethnic hegemony. The political administrative unit which has received the least amount of external support but which has produced the most actual day-to-day governance in Somalia is at the municipal and (in Mogadishu) neighborhood level. In the immediate post-UNOSOM period, this “radical localization” of politics tended to manifest itself mainly in informal, overlapping polities loosely held by clan elders and others (Menkhaus and Prendergast 1995). Over the course of the second half of the 1990s, these local polities often became more structured and institutionalized.15 A variety of different types of local polities have emerged in Somalia, but the most common manifestation has been a coalition of clan elders, businessmen, and Muslim clergy to oversee, finance, and administer a sharia court. Several features of these sharia courts stand out. First, they have been widely embraced and supported by local communities as a means of restoring rule of law. Second, they have usually (though not always) remained under the control of traditional, moderate elements – the clan elders, the businessmen, and the sheikhs making up this system are usually staunchly opposed to radical Islamists. These sharia courts should therefore not be confused with a rising tide of radicalism in the country, though in some cases sharia courts in Mogadishu neighborhoods have been run by the radical group alIttihad (Le Sage 2001; Menkhaus 2002b:116). Third, these sharia court systems have remained eminently local in nature, rarely able to project their authority beyond a town or district level, and rarely able to exercise jurisdiction over clans which are not parties to the court administration. They thus offer rule of law within, but not between, clans, though they often facilitate inter-clan relations. Fourth, they have proven to be fragile and very susceptible to spoilers. Finally, they appear to come and go in cycles, and are currently in what appears to be an early phase of ascendance following a decline in the 1999-2001 period. Their current re-emergence in parts of southern Somalia is linked to the failure of the TNG and the related rise of insecurity, and is a reflection of local efforts to provide core functions of governance in a context of state collapse (ICG 2002a). Whether the discussion is about the central state or sub-national administrations, an enormous gulf separates foreigners and Somalis in consideration of and conception of the central government. In fact, there is perhaps no other issue on which the worldviews of external actors and Somalis are more divergent than their radically different understanding of the state. For external actors, the conventional wisdom is that a responsive and effective state is an essential prerequisite for development, a perfectly reasonable proposition enshrined in virtually every World Bank and UN strategy on development. For Somalis, the state is an instrument of accumulation and domination, enriching and empowering those who control it and exploiting and harassing the rest of the population. These different perceptions of the state often result in external and 5 national actors talking past one another rather than with one another in discussions about the rebuilding of the central government. Protracted armed conflict. Somalia has been a zone of intermittent but not constant armed conflict since 1988. Armed clashes were most destructive and widespread in 1988-1992, when Somalia was in a genuine state of civil war. Since the UNOSOM intervention, Somalia’s armed clashes have been a source of disappointment but are generally localized, brief, and much less costly in terms of loss of life and damage to property. Some regions of the country – most notably Puntland – were almost entirely spared from war in the 1990s (WSP 2000), while other locations have enjoyed relatively long stretches of, if not peace, at least an absence of armed conflict since 1995. Armed conflict has thus not been synonymous with state collapse in Somalia. Peace can and does exist despite the absence of a central state. Likewise, the establishment of a central government would not be likely to eliminate armed conflict. Instead, it would transform at least some of the conflicts into insurrections, guerilla movements, or secessionist movements pitting government forces against rejectionsts. Unfortunately the trend of diminished armed conflict in Somalia was reversed in 2002.16 Somalia’s multiple and in some instances fairly serious outbreaks of armed conflict from Gedo region to Puntland that year produced casualty levels which again qualify the country as a zone of civil war (Bryden 2002). As was noted above, these conflicts have been triggered by a number of factors, but some can be attributed to political maneuvering linked to the IGAD-sponsored peace talks in October. Collectively, they plunged southern and central Somalia into greater levels of insecurity than at any time since 1995 (Menkhaus 2002d). Not only has the severity of warfare in Somalia changed since 1991-92; the nature of armed conflicts has changed over time as well. In the early 1990s, armed conflicts were mainly inter-clan in nature, pitting large lineage groups against one another. Initially, this meant warfare between the largest clan-families in the south – the Darood versus Hawiye. These wars were characterized by sweeping and fast-moving campaigns across much of southern Somalia from the outskirts of Mogadishu to the Kenyan border. The warring militias of the Darood SPM and SNA factions and the Hawiye USC faction often ceded or gained hundreds of kilometers of territory in a day in fighting waged mainly off the back of battlewagons known as technicals (Lyons and Samatar 1995: 2223). Both sides committed atrocities – massacres and rape -- against civilians who had the misfortune of belonging to the wrong clan, or to a weak and defenseless clan caught in the middle of the war (Africa Watch 1992). Pillaging and looting of captured territory were an essential aspect of the warfare, providing war booty to otherwise unpaid militiamen, and enriching merchants of war who served as financial backers of their clan’s warlord.17 By late 1991, the centrifugal forces which have driven Somalia’s fragmentation led to a new and highly destructive phase of warfare, in which both the Hawiye and Darood clan-families fell into deadly internal quarrels. In Mogadishu, the split between the Abgal/Hawiye (led by self-declared president Ali Madhi) and Haber Gedir/Hawiye 6 clans (led by Madhi’s rival General Hussein Farah Aideed, head of the USC/SNA) erupted into heavy warfare in November 1991. Extensive and often indiscriminate use of mortars and RPGs leveled much of the center of the capital and incurred thousands of casualties, and heavy fighting was waged to gain or hold single city blocks. To the south, tensions within the Darood culminated in an explosion of clashes in and around Kismayo, pitting Ogadeni/Darood clan militias led by Col. Omar Jess (the SPM/SNA) against the coalition of Marehan/Darood, Mijerteen/Darood, and other clansmen in General Morgan’s SPM. One of the most significant trends of armed conflict since 1992 has been the continuing devolution of warfare to lower and lower levels of clan lineages. With a few exceptions, such as the Rahanweyn clashes with Haber Gedir occupying militias in Baidoa in 1996, most armed conflicts since 1995 have consisted of extended family feuds. Clashes which periodically rock parts of Mogadishu are now almost always within the Abgal or Haber Gedir clans, not between them. Indeed, recent clashes in the Medina neighborhood involve competing leaders and militias from within a single sub-clan of the Abgal. Likewise, the Haber Gedir clan has long since ceased to be a cohesive political unit; splits between the Ayr, Sa’ad, Suleiman and other sub-clans animate most of the fighting and political intrigue within the Haber Gedir. Other clans have followed suit. The Rahanweyn now fight among themselves in Baidoa, not against their hegemonic neighbors the Marehan and Haber Gedir; and the fighting which plagues Gedo region is a deadly intramural squabble of the Marehan clan (UN 2002c: para 7-11). The fragmentation of warfare in Somalia into much lower levels of lineage identity over time has many implications. It has meant that warfare has become much more localized; clashes are contained within a sub-clan’s territory or neighborhoods. Conflicts are shorter in duration and less deadly, in part because of limited support from lineage members for such internal squabbles, in part because clan elders are in a better position to intervene, and in part because ammunition is more scarce. Conflicts are somewhat less predictable, often precipitated by a series of incidents involving theft or other misdemeanors. Atrocities against civilians are now almost unheard of, as combatants are much more likely to be accountable in subsequent clan reconciliation processes. Pillaging and looting are no longer as common, in part because little territory is gained or lost in localized clashes, and in part because commodities worth stealing are generally in the hands of businessmen with paid security forces protecting them. “Warlords” have become less of a factor, as only a few have funds to pay a militia, and even those which do find it harder to manipulate clannism in a context of increased (and renewed) inter-linkages between clans for commercial purposes.18 Since 1999 businessmen in Mogadishu who had previously provided funds to warlords in their clan have refused to pay, instead funding their own militias. These salaries are generally quite low – a dollar or two per day per militiaman. With few exceptions, gunmen fight for whomever will pay them, not for a clan or a cause – though in the event the clan is under attack, clan elders will mobilize gunmen for temporary purposes. The paucity of opportunities to loot, and the low salaries offered to militiamen, means that the status and earning power of a gunman is not what it used to be in Somalia, prompting a gradual, spontaneous demobilization by militiamen, and reducing incentives for the new 7 generation of young teens to take up arms as a form of employment. It has, however, increased problems of lawlessness, especially kidnapping for ransom – a topic discussed below. International efforts to negotiate an end to these armed conflicts are uncommon. Instead, reconciliation efforts are generally the domain of clan elders, with the international community simply suspending aid operations in battle zones until security for staff is deemed adequate. The main exception is the role Ethiopia has unsuccessfully attempted to play in mediating armed clashes between Ethiopian clients. Otherwise, external mediation tends to focus on state-building, not peace-building, despite the fact that the average Somali needs and benefits more immediately from a state of peace than a revived central government. Lawlessness and criminality. The third crisis facing Somalia is lawlessness and criminality. An enduring stereotype linked to Somalia’s protracted state collapse is the “Mad Max” anarchy of young, armed gunmen riding battlewagons and terrorizing citizens. Concerns about transnational criminals or terrorists exploiting Somalia’s lack of law enforcement capacity have long been raised as a global security issue, a concern heightened in the aftermath of September 11. The collapse of the state has in fact created conditions ripe for lawless behavior, just as outbreaks of armed conflict also create an environment conducive to opportunistic criminality (looting, rape). But Somalia has repeatedly shown that even in a context of state collapse and armed conflict, informal systems of governance can insure rule of law and in some instances exceptionally high levels of personal security. In fact, one of the most intriguing paradoxes of contemporary Somalia is how dramatically and quickly rule of law and personal security can change. A town or neighborhood which is notoriously bandit-ridden can within a year boast stalls of street-corner money-changers and open roads; likewise, towns lauded for their peace and security can fall quickly into lawless criminality. Where Somali communities have been able to establish and maintain a high level of lawful behavior and personal security, it has almost always been accomplished either by clan customary law (xeer), enforcement of blood payments (diya) for wrongs committed, or application of Islamic law by local sharia courts. The latter complements rather than replaces traditional sources of law. Several necessary but not sufficient conditions must obtain for customary law to successfully maintain order. One is the restoration of authority and responsibility of clan elders, who negotiate all disputes. A second is the establishment of a rough balance of power within local clan groupings. The capacity of a lineage to seek revenge for a wrong committed is critical in inducing other clans to seek settlement of disputes through customary law. Very weak and powerless clans (including the minority or low-caste clans) rarely enjoy the protection of an enforced customary law; the best such lineages can do is seek client status with a more powerful clan and hope that that clan fulfills its obligations. In this sense, both lawful and predatory behavior in contemporary Somalia is much better understood through the lens of international relations theory – as patterns of cooperation and conflict in a context of anarchy. Clans constantly seek a rough balance of power both to avoid being overrun and to enhance enforcement of customary law and routinized patterns of cooperation, 8 reinforced by repeated adherence by all sides -- what international relations theorists would call “regimes.” Like armed conflict, lawlessness in Somalia has changed considerably over the course of the 1990s. The early years of civil war – from 1988 to 1992 – featured a level of impunity and gratuitous violence which has long since passed. Wholesale looting, rape, and murder associated with armed clashes simply do not occur. Violent crimes and thefts are much more likely to be addressed via customary law and blood payments than before, serving both as a deterrent to would be criminals and reassurance to communities that criminals cannot commit crimes with complete impunity. Neighborhoods and towns (often of mixed clan composition) have in some places organized the equivalent of “neighborhood watch” systems, sometimes absorbing former young gunmen into paid protection forces. Vigilante justice is not unknown against both individual criminals and gangs – often by their own kinsmen.19 Militia gangs which terrorized villages in the early 1990s have increasingly “settled down,” making arrangements to “tax” a portion of village harvests in return for protection (Marchal 1997). These protection rackets and Mafioso behavior are hardly ideal, and sometimes engender local resistance, but do provide a more predictable security environment for local communities. In some cases, these arrangements have moved into a curious gray area between extortion and taxation, between protection racket and nascent police force. Importantly, rule of law in Somalia was in the past never associated with formal judiciary and police. Most of the law and order Somalia enjoyed prior to the late 1980s – and Somalia was unquestionably one of the safest places in Africa – was a reflection of social contract more than the capacity of the police. Most Somalis took their legal disputes to a local sheikh or elder for mediation or adjudication, rather than to a court of law. The extensive and costly capacity-building efforts of international aid agencies to support police and judiciaries throughout Somalia often presume they are rebuilding a set of institutions when actually they are trying to make them functional for the first time. Lawless behavior in contemporary Somalia remains a serious problem, especially in the more troubled south. Ironically, the most egregious crimes (if measured in value stolen or lives lost) are committed by many of the top political and business leaders whom the international community convenes for peace conferences. This includes incitement of deadly communal violence for narrow political purposes, embezzlement of foreign aid funds, introduction of counterfeit currency into circulation (which, by creating hyperinflation, robs average Somalis of most of their savings), huge land grabs by force of arms, export of charcoal (illegal in the past government and highly destructive), and involvement in piracy, among others. This criminal behavior tends to get less attention than street crimes such as carjackings, murders, and kidnappings which are usually perpetrated by gangs or individuals and which are at epidemic proportions in some places, but which pale in comparison to the cost of the “white collar crimes” of their political and business leadership. One of the most troubling and growing types of crime affecting both international agencies and local Somalis is kidnapping. It is most common in Mogadishu, but not 9 unheard of elsewhere. Kidnapping falls into several different categories. The most common is kidnapping for profit, and has exploded as a major criminal activity because kidnapping currently is one of the few profitable ventures for Mogadishu street criminals. This tends to target Somali nationals who are linked to a likely source of funds, such as a job with an international agency or family members in the diaspora. UN agencies have been especially plagued by kidnappings of national staff in recent years. Somalis from weak or minority clans are especially vulnerable to this predatory behavior, which often yields only a small ransom (as low as a few hundred dollars). The scarcity of employment and opportunities for looting have made kidnapping an obvious alternative income-generating activity for armed gangs, a few of whom have come to specialize in kidnapping. There is evidence that in some cases these gangs exchange kidnap victims to more powerful warlord for a fee, at which point the warlord assumes the risk of negotiating for a ransom. Clan elders who mediate the release of the kidnapping victim also routinely receive a “cut” of the ransom for their services, giving them a stake in the industry.20 A second type of kidnapping involves debtors who have defaulted on or repeatedly postponed repayments. Somalis lend and borrow an extraordinary amount of money to one another, as part of the extensive web of mutual obligations that are at the heart of lineage-based societies. Not surprisingly, rates of default are also quite high. Kidnapping in these cases involves the ultimate collateral – the debtor himself – whose family must scrape together the funds to secure his release. Some high-visibility kidnappings, including of some MPs and ministers in the TNG, have been debt collection actions. Third, kidnapping is in some instances a political tool, designed to frighten off international agencies or humiliate a political opponent by demonstrating his incapacity to control an area he claims to administer. The dramatic kidnapping of UN and international NGO staff members in north Mogadishu in March 2001 was executed by a warlord and explicitly intended to humiliate the TNG and expose its inability to provide international aid workers with security, in order to scuttle a proposed establishment of a UN peacebuilding presence in Mogadishu. A more recent form of kidnapping has involved militias targeting wealthy businessmen from their own clan in order to finance armed attacks. Those businessmen once funded the militias but have since 1999 refused to do so, which explains this otherwise puzzling practice. Whatever the motive, internationals traveling and working in parts of southern Somalia are now at a considerable risk of kidnapping, one of the main reasons that aid agencies have cut back so substantially on the number of international staff members in the field. What is surprising is the fact that Somalia’s state of lawlessness has not attracted the level of transnational criminality one might expect. In principle, the protracted collapse of any formal law-enforcement capacity in Somalia should be an attractive safe haven for a wide range of criminal elements – terrorists, smugglers (of drugs, guns, people, and other contraband), money-launderers, pirates, and criminals on the run -seeking to position themselves beyond the reach of the law. In reality, Somalia has to date proven to be relatively inhospitable terrain for international criminals (Bryden, 2002; ICG 2002a). Foreign criminals are at the mercy of the same sources of insecurity which plague international aid workers – they are prone to extortion, threats, and betrayal from 10 Somali hosts seeking to profit from their presence, and their activities and whereabouts poorly kept secrets among Somalis, who are extremely alert to the agendas of foreigners in their land. Somalia is a reminder that mafias and other organized crime flourish not where rule of law is absent but rather where rule of law is thoroughly corruptible. Nonetheless, misuse of Somalia’s lawless environment by external criminals and terrorists should and will remain an item of enduring concern. If it is proven that Somali territory was used as a base for the Mombasa terrorist attacks in November 2002, or that the Somali Islamist organization Al-Ittihad was involved in the attack, these concerns will become front-burner issues. The greatest threat of terrorist exploitation of Somalia’s collapsed state will almost certainly be not as a fixed operational base but as a short-term point of transit for men, money, and materiel into other states in the Horn of Africa (Menkhaus 2002a). Interest-driven crises? Explanations of Somalia’s protracted crises part into two distinct but not entirely antithetical camps over a key question: are the crises enduring despite the fact that key Somali constituencies would benefit from peace and government or because key interests are served by prolonging a state of collapse, war, and lawlessness? Most diplomatic initiatives have presumed the former, an analysis which logically leads to certain prescriptive actions ranging from civil society peace-building workshops to national reconciliation conferences – all designed to promote greater understanding and communication. The latter proposition – that the protracted Somali crisis actually reflects the interests and objectives of key actors – suggests that there is a method to the madness, that a certain level of rationality, expressed in pursuit of well-defined individual or group interests, is driving the Somali crisis. How feasible is it to conclude that Somalia’s triple crises of state collapse, armed conflict, and lawlessness have endured because that is the outcome which key players seek?21 When one considers the evidence of the past decade in Somalia in light of the political economy of war theory, several things become clearer. First, there is an impressive but shrinking set of actors whose interests are served by protracted conflict and lawlessness, and who appear to actively and successfully promote both. But there are not many Somali players who clearly benefit from complete state collapse, though some nonetheless scuttle efforts to revive a central state. The “war economy” theory is thus of real use in explaining part, but not all, of the Somali debacle. Finally, the closer one looks at both interests and behavior in Somalia over time, the more apparent it is that the interests of some social and economic groups have changed considerably over time, prompting in some instances marked changes in behavior toward state-building and peace-building projects. This malleability of interests in Somalia may constitute one of the most important opportunities for external actors seeking to promote peace and rule of law there. To the extent that interests, not identity, are increasingly at the root of Somalia’s crises, and to the extent that interests of key players can be shaped or reshaped, external actors may be able to better promote peacebuilding in Somalia.22 11 One useful aspect of this approach is that it forces us to conduct an inventory of actors in Somalia, organized not only around the question “whose interests are served by conflict, state collapse, and/or lawlessness?” but also around the question “whose interests matter?” The latter question highlights the central issue of power, or -- more precisely -- veto power. There has in fact been a fairly substantial shift in the rise and fall of different political actors in Somalia since 1991. Factions, for instance, have virtually disappeared from the political landscape, a remarkable fact considering they were the centerpiece of reconciliation efforts for over six years in the early to mid-1990s. Warlords and militia leaders are with few exceptions much less powerful than they were in the early years of the crisis. Conversely, businessmen have emerged as a major political force in urban centers and now operate with considerable, though not complete, autonomy from clans and warlords in pursuit of their interests. Clan elders have also gradually reasserted their authority, and civil society leaders play a more robust (though still modest) role. Despite the rising and falling fortunes of specific groups of actors in Somalia, one fact has remained relatively constant – that is, there is a wide range of players who are not necessarily powerful enough to shape a peace accord or government, but who enjoy the ability to veto political developments they do not like. In the current Somali environment – one featuring a very high level of communal distrust and accumulated grievances, a zero-sum attitude toward revival of the central state, a highly-armed society, a corps of frustrated, unemployed gunmen, and weakened and sometimes corruptible social authority of clan elders -- it takes relatively little to scuttle peace talks or render an administration stillborn. Promising local and regional initiatives to seal a peace between warring clans or operate a local sharia court administration have frequently been torpedoed by a small gang of gunmen, a single warlord, or a group of clan elders corrupted by small bribes. Thus the answer to the question “whose interests matter?” is that a broad section of Somali society possesses veto power over statebuilding, peace-building, and law enforcement. This makes negotiating towards those objectives all the more difficult, and means that mediators need to take great care to insure that proposed power-sharing and resource-sharing formula are acceptable to a very wide range of actors, some of whom may not have enough political legitimacy or clout to attend a peace conference but who nonetheless retain enough power to sabotage the results. When one adds to this calculation the numerous external actors who possess the interests and capacity to play spoiler of political developments they do not like (Ethiopia is the most obvious but not sole example), the task of brokering an accord becomes even more challenging. Spoilers in Somalia come in three types. One type are actors who seek to undermine efforts at state-building or peace-building because they are unsatisfied with the size of the pie they were accorded. These can be individuals or whole clans. For instance, the Eldoret peace talks in Kenya have been bogged down by grievances over levels of representation by clan. These are “situational” spoilers, who in some instances have legitimate grievances (though in most cases their motive is greed) and who in theory can be bought in to a state-building venture with appropriate concessions. A second type are 12 “intrinsic” spoilers. These are actors with a fundamental interest in maintaining a state of lawlessness, state collapse, and/or armed conflict. War criminals are the most obvious candidates, but a host of other social and economic groups – young gunmen, merchants of war, individuals and groups holding valuable state and private assets which they would likely lose were government and peace re-established – can also fall into this category. Whole clans have benefited from armed occupation and settlement of towns and valuable riverine land in southern Somalia over the course of the war, and will be unlikely to accept accords which require relinquishing those spoils of war (Besteman and Cassanelli 1996). It is this set of interests that the political economy of war theory is best suited to explain. A final and more complex set of spoilers are those whose opposition to state-building and peace-building initiatives are driven by risk-aversion. They could potentially benefit from peace and governance and rule of law, but face such a high level of uncertainty about the impact those developments would have on their interests that they choose a sub-optimal but safe route of scuttling initiatives which might alter an operating environment which, while not ideal, is at least familiar and in which they have learned to profit. Some of the major businessmen in Mogadishu who are believed to be quietly subverting the TNG fall into this category. Interests in Protracted Conflict. The cluster of interests groups which have benefited from and promoted armed conflicts in Somalia has changed considerably over time. In the early years of the crisis (1990-92) an overwhelming array of interests profiteered from armed conflict and the humanitarian crisis it provoked. Warlords used the threat of armed clashes to maintain constituent support, sought conflicts and conquest to provide war booty for their militiamen, and provoked famine to attract relief agencies and food aid which became a major source of revenue. Militiamen fed their families by pillaging occupied villages and government buildings. Merchants of war profiteered from diversion of food aid, export of scrap metal, and gun sales. And some entire clans acquired by armed conquest and occupation valuable real estate in Mogadishu and riverine regions. Many of the features of protracted conflict depicted in the political economy of war literature closely match patterns of conflict in southern Somalia of the early 1990s, except for the fact that Somalia’s war economy has at no point attracted the level of external economic interests which has occurred in the mineral and timber-rich countries of Sierra Leone, Angola, and Congo. In the post-UNOSOM period, however, the constituencies which benefit from war and lack of reconciliation have shrunk.23 The fact that warfare in Somalia has until this year gradually diminished in scope suggests a possible causal link between interests and conflict. Warlords have seen their capacity to foment conflict reduced – though not eliminated – due to the loss of financial support from businessmen and from their own war-weary clans. Opportunities for looting following armed conflict is much more limited, reducing incentives for militiamen to fight. Most businessmen who initially profiteered from a war economy have transitioned to quasi-legitimate commerce in import-exports, telecommunications, and transport, and in some cases hold valuable fixed assets which cannot be relocated in times of war. They thus have a greater interest in 13 peace and paying customers, not armed clashes and famine victims. Some still indulge in questionable or illegal business activities, but these do not require and are not well served by armed conflict. War is now, for the most part, bad for business. The net result of these changed interests is that the armed conflicts which exist today in Somalia tend to be driven less by economic interests (as they were in 1991-92) and more by the very parochial political agendas of individual leaders in power struggles, usually within their own clans and sub-clans. Brief outbreaks of armed conflicts are also triggered by feuds between militias and clans over carjackings, murders, land disputes, taxes at roadblocks, wells, contract disputes, and other matters, but these are generally contained fairly quickly by clan elders. This latter type of armed conflict walks a fine line between “war” and criminality, since the armed clashes themselves are often a response to a crime committed, in a setting in which blood payment, collective responsibility, and revenge killings are the ultimate source of enforcement of customary law. In sum, the interests which are perpetuating armed conflict in Somalia are far less potent and extensive than in earlier phases of the crisis, and the interests in peace – or at least suspension of armed conflict – have grown appreciably in the country. Warfare is no longer an “instrument of enterprise” as it was in the early years of the crisis. The fact that Somalia today is gripped by more widespread insecurity and armed clashes than at any time since 1996 disguises the fact that these are for the most part very parochial, politically-driven clashes serving the interests of an increasingly narrow group of figures. Unfortunately, conditions in the country make it easy for small numbers of individuals and groups to incite armed clashes. Interests Promoting Lawlessness. Interests served by an ongoing state of lawlessness in Somalia have also changed over time. Over the course of the 1990s, grassroots elements in Somalia have gradually asserted greater control over young gunman from their own clans, and clan elders have recaptured their traditional role in enforcing customary law and managing disputes. Young gunmen (mooryaan) who once wore T-shirts emblazened with the apt slogan “I am the boss” in 1992 can no longer make that claim, and are much more likely to be held accountable by their own clan for thefts and murder. Indeed, the social status of young Somali gunmen has plunged – mooryaan now inspire disdain, not awe, and far fewer young men are taking up the occupation. As business opportunities and interests have changed in Somalia from an economy of plunder to an economy based mainly on extensive trans-regional and cross-border commerce and a service economy sustained by remittances, business groups at all levels now have a much greater interest in promoting a predictable, safe environment free of extortionate militia checkpoints, carjackings, and theft. Security has, like most services and commodities in Somalia, been radically privatized, with businessmen and others who can afford it hiring armed guards for their security. The break which leading Mogadishu businessmen made with warlords in 1999 – when they refused to pay “taxes” to the militia leaders, and instead bought the militiamen away from the warlords and sub-contracted out management of the militia to sharia courts – was the moment when the business community realized that privatization of security was inadequate, and that a certain level of security had to be assured as a “public good,” especially in open roads for commerce. It was also a clear indication of 14 the confidence the businessmen had that they would win a showdown with the warlords, whose interests were increasingly divergent from those of the businessmen.24 But it is worth pointing out that the business class has focused on a fairly narrow range of criminality for elimination or control. The sharia courts and sharia militia the businessmen financed in 1999 and 2000 (until the establishment of the TNG) addressed street crime – they kept the seaport town of Merka safe, patrolled the main road between Merka and the warehouses at Bakara market in Mogadishu, and improved security from theft in south Mogadishu. They did not and could not address the Somali equivalent of “white collar crimes” which some of the businessmen themselves are involved in. This is a crucial point – it highlights the fact that “rule of law” and impunity from the law can exist at several levels. Some of the most powerful constituencies in Somalia are those served by a rule of law which controls criminality by the underclass, but not a system which has the regulatory, investigatory, and enforcement capacity to address “metacriminality” -- war crimes, incitement of communal violence, expropriation of land and buildings by force, forced labor, distribution of counterfeit currency, money laundering, piracy, drug smuggling, illegal exportation of charcoal and embezzlement of foreign aid and tax money from the coffers of regional government or the TNG, to name a few.25 The local sharia courts fit this limited legal role rather well, which is one reason we can expect to see their reemergence. For regulation and prosecution of the kinds of crimes committed by some political and economic leaders (including both economic crimes and war crimes), a functional state with an autonomous judiciary and police capacity is needed. There are some constituencies which are threatened even by the fairly narrow scope of the sharia courts, and which work to undermine efforts to build local rule of law. Gangs of bandits and gunmen clearly stand to lose from enforcement of laws against theft and extortion. Gunmen making a living by providing security to international agencies and wealthy businessmen would find their source of income threatened. Some warlords may quietly work to undermine sharia courts because they represent a rival political force of businessmen, elders, and clerics, and because even the modest level of administration the sharia courts provide exposes the complete absence of administration under the warlords.26 These groups represent only a small percentage of the population, but have often proven to be an effective veto coalition against local efforts to impose rule of law. This is usually done by undermining local confidence in the sharia courts, and typically involves clever manipulation of clannism and sometimes a certain level of collusion between rival gangs or militias whose animosity toward one another is set aside in common cause against a greater threat. They are one of the reasons that criminality and extortion continue to plague much of southern Somalia, despite the best efforts of elders, sharia courts, and others. Interests Promoting State Collapse. Here is where “war economy” theories are weakest as an explanation in the Somali setting. If the most powerful interests in Somalia were to pursue their best interests rationally (in the sense of seeking optimal outcomes), then we would expect to see a scenario other than complete state collapse. We would instead predict collusion among the country’s economic and political elites to produce a “paper 15 state.” That would create a state which would be legitimate enough to win full external recognition, attracting all of the many benefits conferred upon such states, from World Bank loans to profits derived from property rental to diplomatic missions. It would dramatically increase the spoils over which various political predators could feast. But it would remain unable to enforce a level of rule of law which would threaten the illicit interests of this elite. The paper state would allow virtually all of Somalia’s top economic and political elite to have their cake and eat it too – to enjoy all of the benefits of a central state without any of the encumbrances. This was in fact the motive some suspect was behind the effort to establish the TNG in 2000. Nearly all of the political energies devoted to the Arta process (which culminated in the creation of the TNG) focused on a division of anticipated spoils – namely, the proportion of seats in the parliament and cabinet by clan. And once the TNG was established, virtually all subsequent political energy was geared to courting foreign aid. Very little attention was paid to actual administration of the country – or, more precisely, the portions of Mogadishu which the TNG controlled. This appeared to many observers a fairly straightforward recipe for a paper state. For many of the top businessmen and politicos involved in the Arta process, the TNG was in essence a piece of paper on a fish hook, thrown into international waters in hopes of luring foreign aid which could then be diverted into appropriate pockets (Le Sage 2002a; Menkhaus 2002c). The gambit ultimately failed, in that the TNG never received much bilateral recognition, but it succeeded in netting enough aid (roughly $50 million over two years, mainly from Gulf Arab states) to make it a worthwhile if short-term venture for its principal actors. In fact, one of the final nails in the TNG’s coffin was the explosion of domestic and international anger over allegations in 2001 that most of the foreign aid provided to the TNG was pocketed by top figures, a charge which led to the ouster of the Prime Minister. Reports of a variety of “sweet-heart deals,” in which inflated TNG contracts were tendered to their business supporters as a way of allowing them a healthy return on their investment, further soured public confidence in the TNG. Ironically, the main objective of the TNG – attracting foreign aid – also sowed the seeds of its failure. The most promising source of foreign aid was the Gulf Arab states. This was immediately recognized by the TNG leadership, which went so far as to call for an “Arab Marshall Plan” for Somalia. But the very act of courting aid from the Gulf states guaranteed that Ethiopia would view the TNG as an unacceptable threat (as a beachhead for anti-Ethiopian Islamism in the Horn) and would exercise its “veto” by supporting anti-TNG elements. Over the year 2001, Ethiopian-backed militias and factions succeeded in blocking TNG efforts to extend its presence beyond parts of Mogadishu, leading to a loss of confidence in the TNG within a year of its declaration. But Ethiopia’s opposition to the TNG shadow state cannot fully explain the failure of the TNG. Elements inside Somalia have worked to undermine the TNG as well, including some who in theory stand to gain from a successful central state. This suggests the possibility that even had Ethiopia acquiesced to the TNG, internal interests in Somalia would have probably doomed the initiative. 16 There were very different reasons Somali political actors opposed the TNG. Some political groups – the Puntland leadership, for example – opposed the Arta process because it was structured around criteria for representation which worked against regional administrations. Others opposed the TNG when it became clear that they would not receive top leadership positions. Still others became obstructionists because that won them valuable support from an Ethiopian government which went from cautious to hostile to paranoid about the TNG over the course of six months. But a fourth set of actors appears to have opted to undermine the TNG not because the TNG would clearly work against their interests, but because it threatened to change their operating environment in ways which made it difficult to predict impact on business and politics. For Mogadishu businessmen who made their fortunes in a setting of complete state collapse, the transition to an environment of state governance – even if a paper state – proved too risky to accept.27 For the businessmen operating the private beach port facilities at El Ma’an in north Mogadishu, for instance, the prospects of a state authority re-opening the main Mogadishu seaport was bound to hurt their business. Even offers from the TNG to that business group to manage the Mogadishu port were turned down, though this position had the potential to be a major cash cow for the port managers. Some other business interests are alleged to have quietly undermined the TNG (by supporting anti-TNG elements, even while publicly voicing commitment to the TNG) out of fear of the possibility the TNG might evolve into more than a paper state and assume capacities which might put an end to lucrative but illicit business interests, or which might assume a capacity to tax them without delivering basic security and services in return. These rumors of a double-game by some Mogadishu businessmen are almost impossible to verify, but were the subject of intense discussion and speculation among the informed Somali public in the summer of 2002.28 This can only be understood as risk-averse behavior in an environment of considerable uncertainty. It is not irrational, but rather “bounded rationality,” a willingness to seek sub-optimal but acceptable outcomes rather than face the risks a revived state would entail. State collapse may be unpalatable, inconvenient, and undesirable on any number of counts, but for some political and economic actors who have survived and thrived in a stateless setting, embracing a state-building agenda appears to constitute a leap of faith they are currently not willing to take. Conclusion This article is a first-cut at a line of inquiry which will require considerably more investigation if conclusive answers can be reached as to why the Somali crisis has endured for over 12 years. The analysis presented here is intended not so much to generate answers as to better frame the questions we need to pursue. By breaking down Somalia’s crisis of state collapse into three discrete issues – armed conflict, lawlessness, and collapse of central government – the interests of key Somali actors can be mapped with more accuracy. More accurate inventories of interests 17 can in turn provide us with better tools for assessing the extent to which Somalia’s protracted crisis is (or is not) driven by parochial political and economic agendas. It also facilitates our ability to track those interests over time, with an eye toward identifying potential shifts in interests which could create a more robust constituency for peacebuilding and state-building in Somalia, as well as opportunities for international actors to influence those shifting interests. Using an interest-centric approach to the Somali crisis, this article confirms much of what the war economy literature asserts – that over the course of the past decade an impressive array of actors have profited from and sought to perpetuate a state of lawlessness and armed conflict in Somalia. It tracks important shifts in the interests of some key actors, especially the emerging business class, who were in the early 1990s stakeholders in an economy of plunder but whose business activities have since moved into quasi-legitimate commerce requiring greater levels of predictability and security. The fact that both uncontrolled criminality (of the street crime variety) and intense armed conflict have both diminished considerably over the course of the 1990s is thus an especially significant trend, suggesting the possibility that the changing interests of the business class (and others) may be a causal factor in promoting these trends.29 If so – and this is a tentative finding which clearly warrants further exploration -- then Somali commercial and business interests demand much closer scrutiny in our political analyses of Somalia than has been the case to date. This scrutiny must include more nuanced approaches to issues such as business interests in rule of law. As this article argues, the top business figures in Mogadishu stand to benefit from certain types of rule of law – the kind that reduces street crime and insecurity on commercial arteries – but not necessarily the kind of rule of law which might encroach upon the lucrative “white collar crime” which some of the business elite are themselves complicit in. If true, that means that the Mogadishu business community is likely to promote state-building ventures which produce a paper state -- a central government legitimate enough to attract foreign aid and the return of foreign embassies, but not strong enough to impinge on illicit business activities. The fact that a paper state has not yet been cobbled together, though it would appear to produce optimal benefits for both the political and economic elite in Somalia, cannot be easily explained by political economy of war theories. This article suggests that only by introducing the notion of risk management and risk aversion in a context of high uncertainty can we begin to explain why key actors in Somalia might prefer to sabotage state-building initiatives, even at the expense of their long-term economic and political interests. The protracted Somali crisis of state collapse is from this perspective neither an inevitable outcome produced by rational actors in pursuit of narrow interests – as cruder versions of war economy theories would have it – nor is it simply the result of myopic, failed leadership. Ken Menkhaus, Department of Political Science, Davidson College, North Carolina, USA. E-mail: kemenkhaus@davidson.edu 18 Bibliography Adam, Hussein. 1992. “Somalia: Militarism, Warlordism, or Democracy?” Review of African Political Economy vol. 19, no. 54 (July), pp. 11-26. Adam, Hussein, and Richard Ford, eds. 1997. Mending Rips in the Sky: Options for Somali Communities in the 21st Century. Lawrenceville NJ: Red Sea Press. Ahmed, Ismail. 2000. “Remittances and Their Impact in Post-War Somalia.” Disasters vol. 24, no. 4, pp. 380-89. “Banana Wars in Somalia.” 1995. Review of African Political Economy vol. 21, no. 64 (June), pp. 274-75. Berdal, Mats, and David Malone, eds. 2000. Greed and Grievance: Economic Agendas in Civil Wars. Boulder: Lynne Rienner Publishers. Besteman, Catherine, and Lee V. Cassanelli, eds. 1996. The Struggle for Land in Southern Somalia: The War Behind the War. Boulder: Westview Press. Bradbury, Mark, Roland Marchal, and Ken Menkhaus. 2001. Somalia Human Development Report 2001. Nairobi: United Nations Development Programme. Brons, Maria H. 2001. Society, Security, Sovereignty, and the State in Somalia: From Statelessness to Statelessness? Utrecht: International Books. Bryden, Matt. 1999. “New Hope for Somalia? The Building Block Approach.” Review of African Political Economy vol. 26, no. 79 (March), pp. 134-140. Bryden, Matt. 2003. “Security Challenges and the International Dimensions of the Somali Crisis.” Journal of Conflict Studies (forthcoming, Fall). Clapham, Chrisopher. 1996. Africa and the International System: The Politics of State Survival. Cambridge: Cambridge University Press. Collier, Paul, and Anke Hoeffler. 2000. “Greed and Grievance in Civil Wars.” World Bank Policy Research Working Paper no. WPS2355. (http://www.worldbank.org/research/conflict) Compagnon, Daniel. 1998. “Somali Armed Movements: The Interplay of Political Entrepreneurship and Clan-Based Factions.” In Christopher Clapham, ed., African Guerrillas. Oxford: James Currey Press, pp. 73-90. Doornbos, Martin, and John Markakis. “Society and State in Crisis: What Went Wrong in Somalia?” Review of African Political Economy vol. 21, no. 59 (January), pp. 8288. Duffield, Mark. 1996. “The Political Economy of Internal War: Asset Transfer, Complex Emergencies, and International Aid.” In Joanna Macrae, Anthony Zwi, and Hugo Slim, eds., War and Hunger: Rethinking International Responses to Complex Emergencies. London, Zed Books, pp. 50-69. Esty, Daniel C., Jack A. Goldstone, Ted Robert Gurr, et al. 1999. “State Failure Task Force Report: Phase II.” In Environmental Change and Security Report. Washington DC: Wilson Center (http://wwics.si.edu/index.cfm?topic_id=1413&fuseaction=topics.publications&g roup_id=6653). International Crisis Group. 2002a. “Somalia: Combating Terrorism in a Failed State.” ICG Africa Report #45, Brussels/Washington (May). (http://www.crisisweb.org) International Crisis Group. 2002b. “Salvaging Somalia’s Chance for Peace.” ICG 19 Africa Briefing, Nairobi/Brussels (9 December). (http://www.crisisweb.org) Keen, David. 1998. The Economic Functions of Violence in Civil Wars. Adelphi Paper 320. New York: Oxford University Press. King, Charles. 1997. Ending Civil Wars Adelphi Paper 308. New York: Oxford University Press. Le Sage, Andre. 2001. “Prospects for Al Itihad & Islamist Radicalism in Somalia.” Review of African Political Economy vol 28, no. 89 (September) pp. 472-477. Le Sage, Andre. 2002a. “Somalia: Sovereign Disguise for a Mogadishu Mafia.” Review of African Political Economy vol. 29, no. 91 (March), p. 132. Le Sage, Andre. 2002b. “Reconciliation and Political Reconstruction in Somalia: Prospects for the Kenyan Peace Initiative.” Unpublished Paper (October). Lewis, I.M. 1993 “Misunderstanding Somalia.” Anthropology Today vol. 9, no. 4. Lewis, I.M. 1994. Blood and Bones: The Call of Kinship in Somali Society. Lawrenceville NJ: Red Sea Press. Lyons, Terrence, and Ahmed I. Samatar. 1995. Somalia: State Collapse, Multilateral Intervention, and Strategies for Political Reconstruction. Washington: Brookings Institution. Marchal, Roland. 1996. The Somali Post-Civil War Business Class.” Nairobi: EC/Somalia Unit. Marchal, Roland. 1997. “Forms of Violence in an Urban Setting: The Mooryaan of Mogadishu.” In Hussein Adam and Richard Clark, eds., Mending Rips in the Sky: Options for Somali Communities in the 21st Century. Lawrenceville NJ: Red Sea Press, pp. 193-208. Marchal, Roland. 2000. “Etude d’une gouvernmentalit’ somalienne: les orders de Mogadiscio dans la guerre civile.” Les Etudes du CERI. Paris (September). Masciarelli, Alexis. 2002. “Somalia’s Kidnapping Industry.” BBC news website (May 24) (http://news.bbc.co.uk/2/hi/africa/2005567.stm). Menkhaus, Ken. 1997. “International Peacebuilding and the Dynamics of Local and National Peacebuilding in Somalia.” In Walter Clarke and Jeffrey Herbst, eds., Learning from Somalia: The Lessons of Armed Humanitarian Intervention. Boulder: Westview, Press, pp. 42-63. Menkhaus, Ken. 1998a. “Political and Security Assessment of Southern Somalia: Implications for Emergency Response.” Nairobi: UNDOS report (11 December). Menkhaus, Ken. 1998b. “Somalia: Political Order in a Stateless Society.” Current History vol. 97, no.619 (May), pp. 220-224. Menkhaus, Ken. 1999. Hiran Region. United Nations Development Office for Somalia, “Studies on Governance” Series no. 7. Nairobi: UNDOS (December). Menkhaus, Ken. 2000. “Traditional Conflict Management in Contemporary Somalia.” In I. William Zartman, ed., Traditional Cures for Modern Conflicts. Boulder: Lynne Rienner Publishers, pp. 183-199. Menkhaus, Ken. 2002a. “Somalia: Next Up in the War on Terrorism?” CSIS Africa Notes no 6 (January) (http://www.csis.org/ANotes/index.htm). Menkhaus, Ken. 2002b. “Political Islam in Somalia.” Middle East Policy vol. 9, no. 1 (March) pp. 109-123. Menkhaus, Ken. 2002c. “Somalia: In the Crosshairs of the War on Terrorism.” Current History vol. 101, no. 655 (May), pp. 210-218. 20 Menkhaus, Ken. 2002d. “Somalia Situation Analysis, October 2002.” Writenet Independent Analysis, UK, for UNHCR. Menkhaus, Ken, and John Prendergast. 1995. “Governance and Economic Survival in Post-Intervention Somalia.” CSIS Africa Notes no. 172 (May). Refugee Policy Group. 1994. “Hope Restored? Humanitarian Aid in Somalia, 19901994.” Washington; RPG. Reno, William. 2000. Warlord Politics and African States. Boulder: Lynne Rienner Publishers. Reno, William. 2003. ”Somalia and Survival in the Shadow of the Global Economy.” Paper presented at Pomona College (CA) workshop (January). Samatar, Abdi I, and Ahmed I. Samatar, eds. 2002. The African State: Reconsiderations. Westport, CT: Heinemann. Samatar, Ahmed I. 1994. The Somali Challenge: From Catastrophe to Renewal? Boulder: Lynne Rienner Publishers. Tilly, Charles. 1985. “War Making and State Making as Organized Crime.” In Peter Evans, Dietrich Rueschemyer, and Theda Skocpol, eds., Bringing the State Back In. New York: Cambridge University Press, pp. 169-191. United Nations, Security Council. 2002a. Report of the Secretary-General on the Situation in Somalia. New York: United Nations (21 February). United Nations, Security Council. 2002b. Report of the Secretary-General on the Situation in Somalia. New York: United Nations (27 June). United Nations, Security Council. 2002c. Report of the Secretary-General on the Situation in Somalia. New York: United Nations (S/20021201) (25 October). United Nations, Security Council. 2002d. Report of the team of Experts Appointed Pursuant to Security Council Resolution 1407 (2002), Paragraph 1, Concerning Somalia. New York: United Nations (3 July). War-Torn Societies Project. 2000. Rebuilding Somalia: Issues and Possibilities for Puntland. London: Haan Associates. Endnotes At one point up to 1,000 “representatives” found their way to Eldoret and claimed a right to participate in the proceedings. The Kenyan diplomatic team had to intervene to reduce the number. 2 A detailed assessment of the Eldoret peace process (as of early December) is available in International Crisis Group (2002b). See also Le Sage (2002b). 3 This article excludes Somaliland (the unrecognized secessionist state in the northwest of Somalia) from discussion, as it has enjoyed a fundamentally different political and economic trajectory than the rest of the country since the mid-1990s. 4 At the time of this writing, several Somalis were detained for possible involvement in the terrorist attack, and suspicions were high that the terrorists used Somalia as a base for the attack. Whether these charges have merit or not remains to be seen. See for example James Risen, “U.S. Suspects Qaeda Link to Bombing in Mombasa,” New York Times (30 November 2002): “Source: Somali Group among Kenya Suspects,” CNN.com (29 November 2002); Jack Donelly, “”Terrorism Traced to Somalia,” Boston Globe (6 December 2002) p. A1; and Martin Plaut, “Meles Links Somalis to Kenya Attacks” BBC news online (7 December 2002) (http://www.bbc.co.uk/1/hi/world/africa/2554285.stm) . For a more skeptical view in the media, see Richard Dowden, “Don’t Blame the Usual Suspects,” The Observer (London) (1 December 202). 1 21 Most of this “conventional wisdom” circulates on the dozens of websites devoted to Somalia or in unpublished conference roundtables. Several such roundtables were recently held at the 2002 African Studies Association conference in Washington DC, where opinions on the matter ranged from criticism of corrupt Somali leaders to Ethiopia-bashing. For examples of such website discussions (which run the gamut from illuminating to polemic), see the recent exchanges over an October 25 2002 lecture by I.M. Lewis in London entitled “The Scrap Merchants of Mogadishu” on the websites “Somalia watch” (www.somaliawatch.org) and “Somali UK” (www.somaliuk.com). For a sampling of publications contemplating explanations of Somalia’s long crisis, see Ahmed I. Samatar (1994); Adam and Ford, (1997); Lyons and Samatar (1995); and Lewis (1993). 6 Some recent research applying the war economy theory to Somalia has been initiated by Le Sage (2002b) and Reno (2003). 7 The terms lawlessness and lawfulness are used here not in the strict sense of the words, which would be absurd given the absence of a sovereign state authority to enforce the law. They are meant instead to convey a sense of the extent to which common criminal behavior (murder, robbery, extortion, kidnapping, etc.) is or is not taking place. 8 The literature on war economies and “resource wars” is now quite large. For a sample of some of the most influential pieces on the subject, see Berdal and Malone (2000); Keen (1998); Reno (2000); Duffield (1996); and Collier and Hoeffler (2000). 9 The proposition that the interests of “warlords” can shift over time to embrace state-building projects and rule of law is not new; it is adapted from Charles Tilly’s seminal historical work on the rise of states in Europe (Tilly 1985). 10 The extent to which risk-averse behavior plays a role in the dynamics of contemporary civil wars is a proposition considered in King (1997). 11 The State Failure Task Force, a CIA-sponsored research project established in 1994 to explore causes of state failure, identified 127 cases of state failure between 1955 and 1996. The project’s working definition of state failure was instances when “the institutions of the state were so weakened that they could no longer maintain authority or political order beyond the capital city, and sometimes not even there. [Cases of state failure] are all part of a syndrome of serious political crisis which, in the extreme case, leads to the collapse of governance.” A summary of the task force’s findings are available online in the Wilson Center’s “Environmental Change and Security Report.” See Esty, Goldstone, Gurr, et al. (1999). 12 This is not to argue that all participants in the attempt to build the TNG were driven by such motives. Many of the people involved, including at the highest levels, were very respectable figures and by all accounts sincerely hoped to establish a functioning government. 13 This is a controversial assertion in diplomatic circles, but is persuasive especially in explaining the serious armed clashes in Puntland and Baidoa in 2002 – in both cases conflicts were at root efforts by rival political leaders to assert primacy over territory and leadership positions in order to insure a place at the table in Eldoret. Even UN reports to the Security Council, which are normally purged of any politically sensitive statements, have acknowledged that preparations for the Eldoret peace process set in motion intense political jockeying between rival groups in places like Mogadishu and in some cases led to bloodshed. See UN (2002a) para 6, and UN (2002d) para. 28, 32. 14 The contested regions of Sool and Sanaag (home of the Dolbahante/Harti and Warsengeli/Harti clans), have for several years been a source of tension between Puntland and Somaliland, but not outright armed conflict. Somaliland claims the regions based on their inclusion in colonial British Somaliland, a border which is the legal basis for Somaliland’s claim of independence. Puntland claims the areas based on the fact that the Harti clan resides in the two regions, invoking a sort of “right of lineage self-determination” for its clan. Each administration has named its own governor to the two regions, creating an odd situation where two governors live in the same town. Since neither actually governs, the situation is less problematic than it would seem. Still, in late 2002 armed clashes erupted in the regional capital of Las Anod which drew forces from both Somaliland and Puntland into the fray. 15 The author conducted research on local governance for the UN Development Office for Somalia in 1998 in five regions of southern Somalia – a summary report of trends in Somali local governance based on that research is available in Menkhaus (1998a). 16 A bleak summary of the deteriorating state of security in Somalia in 2002 is provided in the October 25 2002 UN Secretary-General’s Report to the Security Council. See UN (2002c) para 7-17. 17 Looting in southern Somalia set new and appalling standards for wartime banditry. Pillaging was not 5 22 limited to the personal belongings of villagers and townspeople (including the metal sheets serving as the roofs of their homes), but the entire infrastructure – even underground waterpipes and telephone lines -was dismantled and sold as scrap metal in Mombasa Kenya. One leading Somali political and financial figure was implicated in the most outrageous instance of criminal looting – the dismantling of the $225 million Juba Sugar Project factory, which reportedly fetched one million dollars as scrap metal in Kenya. 18 Indeed, one of the puzzling aspects of Somali warlordism is why so few of these militia leaders had the foresight to develop their own sustainable sources of funding. Most are forced to ask for support from businessmen and elders in their clans, or to rely on the sporadic support of an external state. One example of warlord entrepreneurism is the Mogadishu-based militia leader Mohamed Qanyare, who has a diversified portfolio of business interests ranging from fishing to a private airstrip in the neighborhood of Deynile. This has afforded him the capacity to pay militia consistently and remain independent of external patrons, clan elders, and businessmen, and has meant that he has come to enjoy a position of strength relative to less business-savvy warlords. 19 In some instances, kinsmen lose patience with the costs of criminality by a member of their diya (blood compensation) group and have the individual arrested or executed. Vigilante justice is also associated with neighborhood security groups and with the militia of private businessmen, who occasionally hunt down criminal gangs. One such posse killed six professional criminals in an attack outside of Mogadishu in November 2002 (personal correspondence, November 2002). 20 An excellent journalistic piece on the interests entangled in kidnapping in Somalia is Masciarelli (2002). 21 The broader literature on contemporary war casts this debate in terms of “greed versus grievance;” see a summary of this debate in the introduction to Berdal and Malone (2000). 22 The external actors supporting the current peace talks in Kenya have consciously sought to shape these interests in state-building, mainly via threats of “smart sanctions” against recalcitrant warlords if they fail to cooperate. Mike Crawley, “Somalia Restarts Search for Way to End 11 Years of War and Chaos,” Christian Science Monitor (16 October 2002), accessed via ReliefWeb at http://www.reliefweb.int/w/rwb.nsf 23 The distinction between armed conflict and absence of reconciliation alluded to in this sentence is significant in the Somali context, but space is too short in this article to elaborate. Here it is enough to observe that some Somali warlords have politically exploited clan tensions but not to the point of warfare. General Morgan, who has controlled or contested the strategic port city of Kismayo through much of the 1990s, is the most obvious example. While in control of Kismayo, his political stock was highest when clan tensions were high (allowing him to play divide and rule and play on security fears of his core constituents) but not to the point of triggering armed conflict (at which point he was forced to choose sides within his multi-clan alliance). 24 It should be noted that some individuals wear both of these hats. 25 Roland Marchal has articulated this view with regard to the business class and its importation of counterfeit currency. See the chapter on the business class and development in the UNDP publication Somalia Human Development Report 2001 (Bradbury, Marchal, and Menkhaus 2001). The hyperinflation created by illegal importation of counterfeit currency by businessmen with close ties to the TNG prompted public riots in Mogadishu in April 2001 and badly eroded public support for the TNG. 26 This appeared to be a major factor in the undermining of what was for a time a highly effective local sharia court system in Beled Weyn (Hiran region) in the late 1990s. There, the “governor” of the region, a warlord notorious in aid agency circles for having overseen the looting of the WFP warehouse in 1993, used his sub-clan’s unruly gunmen to challenge and eventually bring down a court system which had enjoyed widespread popular support and which had delivered much more by way of good governance than the governor could countenance. See Menkhaus (1999). 27 Here an important distinction need to be drawn between different categories of businessmen in Mogadishu. A very small group – perhaps as small as three wealthy individuals – appear to have been wholly committed to the TNG, for political, business, and clan reasons. A second category of businessmen supported the TNG tactically, viewing their financial contributions as venture capital which they expected to recoup once foreign aid flowed to the TNG. This was the group which appeared to treat the TNG as a “fishing expedition” for a windfall of aid, and nothing more. A third group of businessmen supported the TNG only because they were forced to by social pressures, but were from the start much less enthusiastic about the venture than media reports suggested at the time. 28 Author’s fieldwork, June-August 2002. 23 29 Appropriate caution must be taken in distinguishing between correlation and causality here. This finding should in no way be misconstrued as a reductionist attempt to overemphasize economic interests to the exclusion of the many other factors which come into play in Somalia’s complex political scene. But it does suggest that interests of key political and economic actors need to be tracked closely and taken seriously if we are to make sense of the Somali impasse. 24