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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 Page 10 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

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