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). Page 9