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Somalia: Creating Space for Fresh Approaches to Peacebuilding

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u.s. engagement in somalia: frames, missed opportunities, and alternative options<br />

A Somali led reconciliation process could help integrate linkages by creating<br />

the space <strong>for</strong> “hybrid partnerships” among professionals, women’s groups, clan<br />

elders, business people, and clergy, watch <strong>for</strong> opportunities <strong>to</strong> intersect with al-<br />

Shabaab, and build a plat<strong>for</strong>m from which <strong>to</strong> respond <strong>to</strong> current manifestations<br />

of conflict as well as <strong>to</strong> address the root causes of the conflict over time.<br />

According <strong>to</strong> a recent Accord policy brief, “inappropriate international engagement<br />

based on inadequate analysis has helped <strong>to</strong> mobilize militants” in <strong>Somalia</strong>.<br />

50 To realize the full potential of a strategic peacebuilding approach, not only<br />

the US government but also INGOs and NGOs need the freedom <strong>to</strong> engage in<br />

dialogue with all parties <strong>to</strong> the conflict, including those designated as terrorist<br />

organizations. Current US law severely limits such activities. Material support<br />

statutes give the US government the ability <strong>to</strong> prosecute individuals and groups<br />

who provide money, weapons, or training <strong>to</strong> terrorist groups that have been listed<br />

as a Foreign Terrorist Organization (FTO). After September 11, 2001, the passage<br />

of the Patriot Act “broadened the definition of material support <strong>to</strong> terrorism <strong>to</strong><br />

include the provision of expert advice or assistance”. 51<br />

In July 2010, in “Holder v. Humanitarian Law Project”, the Supreme Court<br />

ruled that the First Amendment does not protect groups or individuals who<br />

provide “expert advice or assistance” or “training” <strong>to</strong> proscribed terrorist groups,<br />

even when they do so <strong>to</strong> further peacebuilding ef<strong>for</strong>ts. 52 This means that “any<br />

service that can be construed as having tangible or intangible monetary value<br />

– such as providing advice, reviewing a contract, covering transportation costs –<br />

can be considered a violation of US material support statutes. Holding meetings<br />

or conferences <strong>for</strong> a proscribed group or acting as a negotia<strong>to</strong>r on their behalf is<br />

illegal”. 53<br />

The decision has impacted not only the work of US and international NGOs,<br />

but also Somali organizations. Some Muslim organizations, fearful of being<br />

added <strong>to</strong> the terrorist list, have had <strong>to</strong> assume different identities. The business<br />

community was paralyzed by the American decision <strong>to</strong> label certain businesses<br />

as terrorist groups. Orphanages could no longer receive food when al-Haramain’s<br />

assets were frozen, and many turned <strong>to</strong> other Somali organizations with already<br />

stretched resources, <strong>for</strong> help. 54<br />

Since the 1990s, USAID has grappled with how <strong>to</strong> provide development aid<br />

without a government structure and <strong>to</strong> consider “the problems and prospects of<br />

identifying and working through alternative sources of social and political authority”.<br />

55 According <strong>to</strong> the <strong>Somalia</strong> programs page, USAID “responds <strong>to</strong> <strong>Somalia</strong>’s<br />

key challenges by supporting peacebuilding and national reconciliation initiatives,<br />

building the capacity of governance institutions and civil society groups,<br />

improving the delivery of social services, and meeting humanitarian and early<br />

recovery needs”. 56 Eliminating barriers <strong>to</strong> working with groups on the FTO list<br />

would enable USAID and its partners <strong>to</strong> better assess the role and Somali perception<br />

of al-Shabaab, identify civil society partners, and support peacebuilding and<br />

reconciliation initiatives.<br />

50 “Whose peace is it anyway?<br />

Connecting Somali and<br />

international peacebuilding”,<br />

Accord Policy Brief, 2010. Available<br />

online at: http://www.c-r.org/<br />

our-work/accord/somalia/policybrief.php.<br />

51 Joshua Gross, “No More Tea<br />

with Terrorists”, InterAction:<br />

Monday Developments Magazine,<br />

(28:10) (Oc<strong>to</strong>ber 2010), p. 18.<br />

52 Gross, pp. 18-19.<br />

53 Gross, p. 20.<br />

54 Conversation with LPI.<br />

55 Menkhaus (1997), p. 125.<br />

56 USAID Sub-Saharan Africa<br />

website: http://www.usaid.gov/<br />

locations/sub-saharan_africa/<br />

countries/redso/.<br />

49

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