MAPPING ICTS IN SOMALIA: POLICIES, PLAYERS, AND PRACTICES
which conflicting parties consult elders and settle disputes
under the shade of a tree through negotiations. It remains
unwritten and varies from one clan to the next. In modern
times, elders meet and settle disputes at hotels and in gated
villas.
Despite the complexities in the information communications
sector in the country, xeer has been exceptionally useful
in supporting Somalia’s unique and booming telecom
sector. Customary law is an inherently relational tool
among communities. ICT companies use it to build and
entrench relationships that are vital to the success of their
businesses. ICT companies routinely recruit managers and
representatives from local communities. These employees
then build relationships for the company and protect
the assets and the lives of the employees from aggression
(Stremlau, 2012).
However, the xeer system has inherent weaknesses. Since
it over-relies on trust, it exposes consumers to a variety of
risks, including loss of investment. For example, one of the
biggest and most widely trusted money transfer companies,
Qaran Express, recently declared bankruptcy. With no
legal means of recourse, investors were forced to accept the
company’s explanation without formal or legal scrutiny.
The incorporation of the xeer law into future ICT policy is
therefore an important factor that needs to be scrutinized.
Sharia or Islamic law has also been used to settle disputes.
Unlike xeer, sharia is a written document with defined
punitive and compensatory statues. In business dealings,
Somalis seem to prefer xeer over sharia.
New voices in ICT policy
Despite the challenges described in the previous section, the
SFG has made some attempts to begin to construct an ICT
policy infrastructure. In addition, several newer players are
attempting to add their voices to these debates.
Civil society
Somali civil society, as well as the public, are participating
in national and regional policy discussions, though their
impact is limited. They have been vocal in the consultative
meetings regarding the redrafting of the 2007 Somali Media
Law both in Mogadishu and in Puntland. Somalis are
increasingly using internet-based communications tools
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facilitated by the ICT sector to voice their opinions regarding
media and ICT legislation. A notable example is Talo &
Tusaale (T&T), a popular debate forum among diaspora
and urban Somali communities where members engage in
political, social, and economic debates affecting Somalia.
This forum has more than 2,000 members and is growing.
Some senior government officials are also members of this
forum, and occasionally participate in discussions. The
ICT policy formulations have been a popular discussion
topic. Members of T&T have raised questions about the
acquisition process of Somalia’s domain registry services,
“.so.” The discussion that started at T&T prompted the
former MIPT minister to appoint a three-member panel, all
of whom were members of T&T, to thoroughly investigate
the acquisition process and report back to the forum.
However, limited understanding of the complex ICT issues
and limited capacity within the population means that the
general public has little or no role in shaping these policies.
Even the media have barely covered the consultative
meetings in Mogadishu and Puntland. Ironically, the draft
legislation circulated by the MIPT is not translated into
Somali, inhibiting many people from participating in the
debate. It therefore remains to be seen what role Somali
civil society will have in the development of the current
legislation.
The media
The media are increasingly playing an important role in
shaping discussions of ICT policies in Somalia. Media
owners and journalists demand freedom of expression
and laws that safeguard against government infringement.
But there are calls to regulate the media market in order to
address quality issues and to introduce libel and defamation
laws.
The largest media organizations working to influence
ICT policy are the National Union of Somali Journalists
(NUSOJ), the Somaliland Journalists Association (SOLJA),
and the Puntland Journalists Association (PUJA).
Local and international aid
organizations
In addition to their humanitarian relief and developmental
work, NGOs also contribute to ICT development in
Somalia by teaching basic skills regarding ICT management