The place of the Law in France’s 1789 Declaration of the Rights of Man and the Citizen.

Today everybody, when speaking of Human Rights, thinks of the Universal Declaration of Human Rights adopted by the United Nations in 1948, with its 30 articles. But this declaration took its name, the principle of its existence and several of its articles from the ‘Declaration of the Rights of Man and the Citizen’ established by the National Assembly of revolutionary France in August 1789. Prior to that there were other declarations of legal/constitutional nature specifying rights of men, notably the US Declaration of Independence (1776, co-written by Thomas Jefferson who also helped write the French Declaration), the English Bill of Rights (1689),  the 1215 Magna Carta and even King Cyrus’ cylinder (539 BC) which proclaimed the freedom of the Babylonian people. But the French declaration, as the name indicates, was the first to be specifically concerned with the rights of the individual human being and put these at the centre of the political system.

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Transnational Elite Theory: Understanding Hegemony in International Relations

Abstract

To understand the interplay between international hegemony and the apparent loss of state sovereignty, it is necessary to reintroduce the transnational elite as a global actor. Hegemony, meaning leadership, is based on values. The transnational elite embodies these values and adapts them to the changing global context, integrating counter-hegemonic tendencies and establishing a consensus. That consensus is transmitted through the transnational elite members to domestic societies whose consent – active or passive – is required for socioeconomic reforms which benefit the transnational elite. The role of states as sites for political contestation and debate has decreased, as policy-making, supposedly of a technical/expert nature, is shifted to the inter-state level, leading to an increase in international regulatory regimes which are dominated by the transnational elites. Instead, the state is increasingly becoming an instrument to transmit and enforce the transnational consensus. While transnational values remain largely liberal and elite membership is accessible to anyone sharing them, the manner of establishing consent is increasingly authoritarian. This article retraces the concept of the transnational class in international relations theory and, through a case study of the Trilateral Commission, looks at how the transnational elite has evolved since the 1970s, and how it is integrating counterhegemonic pressures today, becoming increasingly powerful – as the rapidly growing income gap between rich and poor underscores.

Download pdf full text here

Submitted to Millenium Journal of International Studies

Somaliland suspends relations with the United Nations among rising social tensions

African Arguments published a short version of this article with a focus on the UN, and a similar, slightly improved version of this article appeared on democracyinafrica.org,

On October 25, 2020, Somaliland authorities suspended their relations with the United Nations and banned its activities ‘until further notice’. While the frustration of the thirty-year old unrecognized state with the UN can easily be understood, this move is unlikely to bring any benefit to the country. Somaliland is gradually developing into a clan-based autocracy. President Bihi maintains a balance among the ruling elites by granting and revoking business licenses and political positions, but this clientelist system produces little economic growth and offers no scope for political renewal. The youth is increasingly disaffected. The President instead blames the country’s problems on the lack of direct access to international funding and is increasing the pressure on the international community.

One week earlier, on October 17, the cabinet of Somaliland’s President Muse Bihi decided not to restore the landing rights for direct flights from the unrecognized state’s capital Hargeisa to Dubai by Air Arabia and Fly Dubai, citing legal difficulties. The details of the underlying conflict provide a clear window into Somaliland’s politics and how they affect, and are affected by, clan and business interests.

A Fly Dubai airliner on the tarmac of Hargeisa in better times
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The aid expectations gap: political analysis and how to deal with it personally

This article was reposted by the International Humanitarian Studies Association

This morning I spoke with an evidently motivated and capable, but thoroughly disheartened foreigner working on Somalia for an international agency. She had made great plans for the development of the sector she was entrusted with, but these had mostly come to nothing because of the non-cooperation of local authorities. Her activities were blocked by the national counterpart of her agency, which was a domestic institution which she herself had helped set up and fund. Protocol within her own organization made it mandatory for her to work through that agency which was blocking any chance for her to reach out to other prominent actors that she found worthy of support.

Chewing qat in the former residence of the British agent in Sheekh

I’m currently staying in Mogadishu, Somalia, outside the heavily fortified airport – known as ‘MIA’ for Mogadishu International Airport by foreigners, and ‘Halane’ by Somalis – where foreigners invariably remain cloistered. I’m having conversations with artists, youth, cultural producers, local and national authorities and visiting the cultural sites of the capital. This is a particularly nice consultancy: a scoping study for a small European donor intent on spending its money smartly. Mogadishu is bursting with energy and full of promise. Because few foreigners leave MIA, and donors generally don’t place much confidence in what Somalis tell them, I’m enjoying being an observer with privileged access to my field of study, which is the same as that of the disillusioned international agency worker, whose access is barred by mostly bureaucratic reasons (no, it is not so unsafe in Mogadishu today). Here I will try to elucidate the nature of the problem she faces, which is encountered today by many aid workers; the roots of the problem lie in what I call an expectations gap.

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‘Just wars’ and the moral imperative to intervene in other states – historical overview

This is part of my PhD draft chapter containing the theoretical framework for my thesis. Asking why some countries intervene in other countries, it examines the ancient history of intervention and the ethical or moral grounds given until recently.

Prince Siddhartha secretly leaving his palace at night to seek enlightenment. Gandhara sculpture from North Pakistan, 3rd-4th century.

As a legal concept, the use of forceful intervention has a long history. The Mahabharata (probably dating from the 8th or 9th century before the Common Era) contains a long discussion of dharmayuddha, or ‘righteous war’. The principles agreed on include proportionality, just cause, just means and fair treatment of prisoners[1].

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Al Shabaab bans plastic bags


Late June 2018 the Somali insurgent movement Al Shabaab announced a ban on plastic bags, citing environmental concerns and the impact on livestock. In my travels through Somalia, I have noticed extensive plastic bag pollution. The first cause of death for camels in the United Arab Emirates is plastic bags (see an article in The National or a short analysis here), and undoubtedly they cause many deaths in Somalia too. Camel raising is a main source of wealth in Somalia. So a ban on plastic bags, whoever declares it, should be greeted with relief.

Mogadishu’s beaches are full of plastic and other litter

Remarkably, the few international media that reported on it, as well as almost all social media comments, ridiculed the decision. See for example the New York Times report which gives some examples of the laughter generated about the ‘first eco-terrorist group’.

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Critical reading of latest UN Security Council deliberations on Somalia

At times it appears that United Nations analyses of local situations have become increasingly divorced from ground realities. This becomes apparent when one critically reads briefings to the Security Council, which often are closely reflected in subsequent Security Council resolutions.

In 2002, when I was political affairs officer for the UN mission in Afghanistan, I was charged with the compilation and writing of the weekly situation reports that were sent to the UN’s Department of Political Affairs, including the Secretary General’s office. Continue reading

Patterns of International Involvement in Somalia

(this is the concluding section of the first chapter of my doctoral thesis in preparation, “International Intervention and State-Building in Somalia”, 45 pages. The entire chapter can be downloaded here).

The historic survey of international interventions in Somalia provides us with some interesting insights:

  1. The Somali state has been an international project that started in the 1950s. State-building has taken place above and along local governance systems, usually clan-based, that have continued to function in the absence of an effective state. Rather than being the fundamental organizing principle of Somali society – as is often assumed – the Somali state is essentially an interface between that society and the international community, brought into being and almost entirely funded by the latter.
  2. The state provides external resources that can be captured. President Siad Barre had captured and then exhausted this resource as he fought against his rivals. The vestiges of the state—its property of land and buildings, weapons, personnel, reserves, monopoly position regarding taxation, etc.—were either destroyed or divided among many Somali factions in the civil war. Without a state to fight about, Somali society stabilized into forms of local governance in the 1990s.
  3. As an instrument, the Somali state has mainly been used in a predatory fashion. It has never invested much in education, health and infrastructure. Somali experiences of the state have been overall negative, from Barre’s time to today, when a checkpoint manned by government forces is more likely to result in extorsion, rape or intimidation, than one manned by clan militia or Al Shabaab. This negative perception of the state among the Somali public is not addressed in international state-building plans.
  4. There is a clear correlation between levels of external financial support and civil strife in Somalia: The more aid, the more war. Both humanitarian and ‘state-building’ assistance are seen as a resource to be captured.
  5. The one time that a home-grown system of governance was established in most of Somalia, the Islamic Courts Union, it was rapidly destroyed by external intervention. The international community supported the Ethiopian invasion under the banner of the War on Terror. This gave Somalis the impression that the international community is not interested in peace and stability per se, but only on its own terms, through a state that it controls; this leads them to believe that control is the objective of the international presence in Somalia.
  6. Since 2004 the international community has embarked on a sustained effort to create a new Somali state, based on a federal model. The de facto independence of Somaliland since 1991 has not been recognized. Although many Somalis still contest the legitimacy of the federal state, it appears that acceptance levels are gradually rising, as that state, while still quite powerless, is becoming increasingly stable. The insistence may be paying off, but Somalia remains a failed state by all definitions.
  7. The international community has always been coy about its involvement in conceiving, building and sustaining the Somali state, making it seem like either a developmental necessity (in the 1950s), or as a request by Somalis themselves (since 1992). Given the systematic dependence on external support, the donors of the Somali state could claim ownership over it, but instead they maintain the fiction of sovereignty and independence.
  8. There is little historical evidence that the colonial period was a traumatic one in Somalia, and it would be hard to argue that the roots of Somalia’s troubles lie in the policies of colonial powers. In fact, colonial administrators made more efforts to understand and work within the Somali context than interveners do today. The colonial period was disruptive because it was the first contact between Somalis and the ‘modernized’ world, but then prevalent policies sought to preserve and work with local balances of power and traditional self-governance rather than replace/reorganise them as today.
  9. Until the 1990s, there was a degree of frankness within the international community when discussing the situation in Somalia; since the 2000s, international discourse about its presence and objectives in Somalia has become increasingly out of touch with reality. This is evident, for example, when comparing UN documents about Somalia of the 1940s, 1990s and 2010s. Today, international agencies’ assessments of the context and the actions to be taken therein are often in contradiction with those made by independent experts.
  10. The disconnect between international intervention and the Somali ground truth has notably increased with the Global War on Terror. Somalia was no threat to the international community, but it has been treated as such since 2001. It can be argued that the War on Terror has spawned radical Islam and extremism in Somalia, rather than preventing it. Despite – or because of – more than a decade of warfare.
  11. Intervention in Somalia has been justified mostly on humanitarian grounds, both in policy documents and towards international public opinion. However, humanitarian action has been increasingly constrained and diverted for external state-building and counter-terrorism purposes. This has led not only to failure of international assistance when Somalia faced major crises (1991-1993, 2007-2008 and 2011-2012), but also to the loss of impartiality and autonomy, as the aid sector is now amalgamated to the overall Western agenda of forced modernization and is incapable of accessing populations in opposition-held areas.
  12. Somalia has been a test case where many of the assumptions underlying international intervention have been broken. Both superpowers failed to make Somalia an ally despite considerable investments. The UN intervention failed spectacularly to bring peace and allow humanitarian aid delivery, despite the seminal invocation of Chapter VII of the UN charter and the massive means deployed. The powerful US was routed militarily in 1993. The NGO sector lost its independence. Coordinated donor policies failed to make an impact on the ground. Despite being one of the theatres of the War on Terror and ‘Counter Violent Extremism’ programs, at least half of South-Central Somalia is controlled by Al Shabaab, which has progressively radicalized.

In short, it seems Somalis never aspired to building a state and the international efforts to create one and then support it have met with overall failure. From a study of the internal dynamics of Somali society over the past hundred years, it seems clear that the less intervention in Somalia, the better. It also appears Somali systems of self-governance have been resilient and overall effective, although skewed toward the powerful clans. Why then is the international community still engaged in external state-building in Somalia? After having discarded internal reasons to do so, it is time to consider possible reasons external to the Somali context.

Warning: Somaliland and Puntland sliding toward war

UPDATE: Fortunately the conflict was stopped by intense diplomacy, mostly to the credit of the UN Special Representative Michael Keating, who engaged in several rounds of shuttle diplomacy; President Farmajo also played a positive role, instead of weighing in on the side of Puntland as was long feared/expected. Currently (Feb 2020) the conflict is in its frozen state, as it has been since the late 1990s.

Several weeks after our report the International Crisis Group issued a report on the same subject, with many similar perspectives but more detail and links

June 1, 2018, Hargeisa and Addis Ababa. Over the past weeks more than 75 soldiers have been killed in the conflict opposing Puntland and Somaliland near Tukaraq. This is the heaviest death toll recorded in conflict between the two states over the past twenty years.

Landscape of the Nugaal plain near Faleeryale in the contested area. Pic by R Kluijver

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Somaliland votes for Stability – Personal Observation

Nov 13, 2017, from an independent observer

 

The elections today in Somaliland were remarkably peaceful and orderly. Observers hardly remarked any irregularity. Participation rates seem to be high. In and around Hargeisa an estimated 80-90% of registered voters cast their vote. Queues were orderly and polling staff, party observers and police appeared to fulfill their tasks professionally.

It is widely expected that the ruling Kulmiye party, whose current President Silanyo is stepping down, will win the popular vote, but the main opposition party, Wadani, could come a close second. The other party in this constitutionally-fixed three party system, UCID, will certainly come last. The results are expected to be announced around November 17 or 18; until then, social media is cut off.

 

No clashes with Puntland

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