
|
Conflict Resolution
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.
|