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Somalia: Creating Space for Fresh Approaches to Peacebuilding

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addressing terrorism: a theory of change approach<br />

As a starting point we must take note that at official levels responses <strong>to</strong> terrorism<br />

almost exclusively frame the challenge under a political umbrella constructed<br />

by way of either/or choices. Quite commonly we hear key leaders affirm that<br />

they “will never negotiate with terrorists”. This framing comes in the context of a<br />

highly charged political environment and an emotionally laden legacy that follows<br />

the aftermath of mass violence. President George Bush expressed this choice as<br />

defining global partnerships and alliances after the events of September 11, 2001,<br />

when in one of his key speeches he made it clear <strong>to</strong> the international community<br />

that “you are with us or against us”.<br />

The blanket refusal <strong>to</strong> engage and negotiate with violent organizations, even<br />

those listed as terrorist, does not match the empirical evidence that engagement<br />

and negotiations have often taken place over the past decades with designated<br />

terrorists. 3 While counterterrorism responses certainly existed prior <strong>to</strong> 9/11, the<br />

“listing” of designated individuals and groups as <strong>for</strong>eign terrorists gained salience<br />

and prominence in the weeks and months that followed. 4 For a decade this<br />

approach has marked and defined a strategy of isolation that grew exponentially<br />

<strong>to</strong> include more and more groups and had an impact on wider civil society and local<br />

communities in a number of key strategic geographies.<br />

The approach <strong>to</strong> listing has had significant debate. The UN General Assembly<br />

2005 World Summit Outcome document declared that the Security Council and<br />

the Secretary-General should “ensure that fair and clear procedures exist <strong>for</strong> placing<br />

individuals and entities on sanctions lists and <strong>for</strong> removing them, as well as<br />

<strong>for</strong> granting humanitarian exemptions”. 5 In 2009 Eminent Jurists Panel of the<br />

International Commission of Jurists described the listing and delisting procedures<br />

used by numerous nations and international agencies as “arbitrary” and<br />

discrimina<strong>to</strong>ry. It is a system, said the Panel, “unworthy” of international institutions<br />

such as the UN and the EU. 6<br />

Legal issues aside, the most difficult theoretical issue posed by designated listings,<br />

emerge in the bifurcation affecting whole populations. We live in a far more<br />

complex world than one divided in<strong>to</strong> two cells. A starting point <strong>for</strong> any theoretical<br />

exploration requires a careful look at this complexity and the many settings where<br />

designated <strong>for</strong>eign terrorist lists exist as defined by the US and Europe.<br />

In particular, the listing of organizations rarely clarifies how far the net of affiliation<br />

may be cast. While there are many reasons <strong>for</strong> this ambiguity a primary<br />

one has <strong>to</strong> do with the nature of these organizations. More often than not they are<br />

organized on loose but highly effective networks. They function by way of smaller<br />

independent nodes of operation with unclear hierarchies of power, strategy and<br />

decision-making. They have highly protective and secretive communicative<br />

systems. Perhaps most importantly they embed themselves around a wider set of<br />

affiliations and crosscutting relationships within the societies where they live. In<br />

locations like South-Central <strong>Somalia</strong> these listings by their very nature implicate<br />

entire geographies, human and physical and create significant difficulty <strong>for</strong> distinguishing<br />

where exactly the boundary of relationships begins and ends making<br />

it difficult <strong>to</strong> know with whom it is acceptable <strong>to</strong> relate. The impact of such list-<br />

3 In particular see the Rand<br />

report by Seth and Labicki, 2008;<br />

Toros, 2008, Neumann, 2007;<br />

and Zartman, 1990. All point <strong>to</strong><br />

cases, approaches, successes and<br />

failures of directly negotiating with<br />

terrorists.<br />

4 It should be noted that when lists<br />

initially emerged in the UN in 1990<br />

they promoted a smart sanction<br />

with the objective <strong>to</strong> impact key<br />

leaders in Iraq and avoid, <strong>to</strong> the<br />

degree possible, hardships on the<br />

wider civil society. Post 9/11 listings<br />

lost their narrow focus and grew<br />

exponentially in the designated<br />

<strong>for</strong>eign terrorist lists of the US<br />

and EU.<br />

5 United Nations General<br />

Assembly, Resolution Adopted by the<br />

General Assembly 60/1: 2005 World<br />

Summit Outcome, A/RES/60/1, New<br />

York, 24 Oc<strong>to</strong>ber 2005, para. 109.<br />

6 International Commission of<br />

Jurists, Assessing Damage, Urging<br />

Action: Report of the Eminent Jurists<br />

Panel on Terrorism, Counter-<br />

Terrorism and Human Rights<br />

(Geneva: International Commission<br />

of Jurists, 2009), 116–117.<br />

9

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