JUNE 2014
Relationship between the ICT sector and the
government
The ICT sector’s relationship with the government is
complex. In addition to the desire to keep the SFG from
creating new laws, big ICT companies also need the SFG
in Mogadishu for policy issues and international links. For
instance, the Somali government owns the rights to the
country’s area code (252) and can terminate any company’s
rights to use it. The SFG and the telecom sector therefore
have a co-dependent relationship: the SFG knows that it
does not currently have the power or resources to produce
or enforce a comprehensive ICT policy, but the private
sector knows that they cannot operate without at least basic
support by the government. As described by Abdikadir
Jahweyn, a former Minister of Information and Postal
Services tasked with overseeing ICT policy:
The relationship between the two sides is built on
the recognition of the limits of each side. The SFG
lacks formal policies, procedures, and regulations.
More importantly, it lacks the necessary monopoly
on lethal force. Therefore, it has become the tradition
to engage the ICTs and win their support rather than
alienate them. On the other hand, the ICT companies
recognize the legitimacy of the SFG and its authority
at international platforms, such as the International
Telecommunications Union and other multilateral
bodies. The ICT companies need the federal
government’s approval in the installations of the fiber
optic cables, the implementation of new technologies,
the use of the Somalia area code (252), and other
services. They recognize that they must keep the SFG
happy to continue their businesses. It’s a gentleman’s
agreement. (Personal communication, March 2013)
This two-way street keeps the ICT sector from acting
completely independently from the SFG, but also maintains
the status quo with respect to developing a new telecom
policy.
Relationship between the ICT sector and the public:
The telecom sector also makes some attempts to be seen in
a positive light by the public. Our interviews indicated that
this was, at least in part, to curb public pressure to institute
more formalized policies. Some of the major telecom
companies engage in charitable activities, and even provide
basic services to the public that the government lacks the
resources to provide. Hormuud Telecom, for example,
recently established a philanthropic arm – the Hormuud
Foundation. The ICT sector has also begun to play a
critical role in addressing Somalia’s illiteracy and education
challenges by introducing “ICT4education” schemes to
local schools and madrassas, in both urban and rural areas.
The ICT sector was also cited by our interviewees as
promoting peacebuilding in Somalia by working in
conjunction with the government. For example, telecom
giants work to promote vaccination. In the summer of
2013, a polio outbreak was detected in Somalia for the first
time in decades. International health organizations, such
as the World Health Organization (WHO) and UNICEF,
partnered with Somalia’s telecom giants to send mass text
messages to their networks to promote vaccination and
announce vaccination locations.
Therefore, the ICT sector so far seems to be balancing
its own priorities with attempts to keep other key players
happy. Whether this will be enough to grant ICTs’ continued
freedom from a regulatory environment remains to be seen.
(As discussed later in the report, there are newer actors
attempting to influence the formulation of new policies.)
4) The role of xeer & sharia laws
In the absence of federal policies governing the ICT sector,
the public has turned to sharia (Islamic) law and xeer
(pronounced ‘heer’) law, the unwritten customary law used
for centuries to settle disputes. Often, disputes are settled
using a mix of the traditional law and Islamic law, even those
of ICT conglomerates.3 Even in regions where some policies
exist, such as Somaliland and Puntland, xeer and sharia are
often seen as the preferred mechanism for settling disputes.4
This will remain an obvious challenge to future federal laws
and policies governing the ICT sector. Currently, there are
no jurisprudence bodies dedicated to harmonizing these
different, and at times contradictory, laws.
Xeer is structured around trust and kinship. Traditional
elders serve as the ultimate arbiters in this framework.
They settle contractual disputes and mediate conflicting
parties. Xeer has deep roots in the Somali culture, in
3 A major dispute between Hormuud and NationLink over
interconnectivity was settled by a group of traditional elders who are
Islamic law experts. The settlement terms remain undisclosed.
4 See the case of Haatuf newspaper in Hargeisa vs former president of
Somaliland (Stremlau, 2012).
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