Somali Dispute Resolution Ottawa
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Somali people comprise a vast system of segmented groups called a nation/and/or tribal-family. According to I.M. Lewis (1955:14), a Somali tribe is a highly segmented group with its own specific name and tribe mark, traditions and sentiments. Each tribe consists of several clan members who occupy a common territory which is known to belong to that clan. Clan membership is acquired through blood relationships. For example, a person's membership in a lineage, and the total lineage structure within his clan-family is established by the genealogy which links him/her through male ancestors to the eponym of the clan family ( Lewis, 1955: 128). All social interaction among Somalis takes place through clan-family membership.

The social structure of Somalis is marked by competition and often by armed conflict between segments (clans and lineages) and even between members of the same clan or kinships (Nelson 1981:57). For example, fighting, when it occurs, tends to spread rapidly through clan-families or clans, involving the members not only responsible for the fight, but also those of more distant members and allies. This also applies to unity among Somali clans. In a situation of distress and/or family tragedy, the clan provides moral and financial support for those who suffer personal disaster and are in need. Scholars (among them the noted anthropologist Lee V. Cassanelli) who studied Somali social structure argue that common identities of Somalis and their clan structure tends to foster stability and harmony among them (Cassanelli, 1982: 23). Professor Abdi Ismail Samater (1992) echoed this notion by arguing that Somalis have a system of social control that, in nature, helps society to maintain stability and cohesion. He claimed that the lineage system not only provided security but has also helped to maintain law and order. He writes:

Kinship is not mere blood-ties and genealogy. In pre-colonial Somalia tradition a set of rules and norm, known as "heer", was socially constructed to safeguard security and social justice within and among Somali communities, with other values being added as the people of the region embraced Islam in the eighteen century (Samatar, 1992:)

 

The matters involved in conflicts are resolved through clan structures. In his studies on Somalis, I. M. Lewis (1967) identified three major social conflicts which Somalis valued solving most; 1. Homicide, 2. Physical injury 3. Moral injury.

Each of these conflicts is resolved by the whole community. If we take the first one (homicide), the basic principle activating the norms concerning the expiation of murder is that of a life for a life. The obligation to pursue vengeance rests primarily with the brothers of the deceased.

However, there is a standard rate of compensation for murder of an adult, free-born male, of 100 camels or their equivalent, and it is call "meg" (Lewis, 1955: 107). The responsibility of making the payment of the compensation does not rest on one individual family. Payment is made collectively by the whole clan (i.e. each member of the clan is expected to contribute to the payment). The compensation rate varies from clan to clan and with the status of the persons involved; serfs, or men of the occupational caste carry a small price on their head.(3) Since the homicide payment effects on every member of the clan, the clan members make an effort to discourage homicide in the community.

In the disputes involving physical injury, the same structural principle applies. For example, the person that receives the injury receives compensation from the offender. Lewis gives the following assessment scale of compensation between the disputants.

20 camels for a broken arm or leg

20 camels for minor injuries

50 camels for loss of an eye.

It is important to note that the assessment varies from tribe to tribe and in accordance with the particular situation. In the disputes that involve moral injury, the compensation called the "haal" may be demanded by the victim. The offense of moral injury includes, rape, illegitimate intercourse or adultery, verbal assault, neighbourhood dispute, broken promises etc. Describing the significance of compensation payment, Professor Cassanelli of the University of Pennsylvania writes:

The institution of dia paying (compensation paying) groups thus reduced the incidence of open conflict in Somali society. These groups also offered each individual the moral and material backing of kinsman pledged to support or to atone for fellow members' action and help to define more precisely the circle of kinsmen who could be called upon in times of stress

(Cassanelli, 1982: 20).

 

As the above observation indicates, Somalis heavily rely on traditional social control. The codified law has little influence on Somalia's social structure, people tend to use alternative dispute resolution (third party intervention) in dealing with conflicts. The community acts together in dealing with conflict regardless of the issues and the substances. The Somalis' collective tendencies in dealing with conflict tend to reflect Somali's pastoral nomadic life. There is no so-called "interpersonal conflict" in the Somali society. Conflict takes place at least as often between clans and lineages of the same clan-family as between segments of different clan-families ( Nelson, 1981: 10) For example, if two individuals are engaged in conflicts, members of the clan-family are expected to intervene, either as third party intervention or in support of one of their members.

Thus, when contrasted with white mainstream Canadians society, one can see why the Somali respondents in this study would have such drastically different responses to the questionnaire than their Canadian counterparts.

Some of the anthropologists and explorers who travelled in Somalia have offered a different opinion, They viewed Somalia's kinship system as a destructive and divisive factor which greatly contribute Somalia factional fighting. Richard F. Burton, the discerning British explorer of the 19th century who travelled the horn of Africa have pointed out that Somali clan structure is divisive system which encouraged ongoing conflict. He said " Somalis are quick to anger, a bloody battle between house servants is usually passed over as just a little excitement" (Beyne E., 1960: 8)

In the Somali culture, homicide and rape are considered to be a part of social conflict.

A classic example of this compensation for murder is the murder of the Somali teenage by the Canadian soldiers. The Canadian government paid compensation money which was equivalent for 100 camels to the family of the victim.

 

 

 

 

 

`A goat never graze in the same place'