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The 4.5 System

African Legal Studies Blog, 2021
The 4.5 system-an instrument of exclusion? In the inner-somali discussion, the term "4.5 system" comes up repeatedly, and for outsiders, it is not easily recognisable what is behind it. Therefore, here is a brief explanation....Read more
The 4.5 system - an instrument of exclusion? In the inner-somali discussion, the term "4.5 system" comes up repeatedly, and for outsiders, it is not easily recognisable what is behind it. Therefore, here is a brief explanation. The system is a mechanism for sharing political power. A quota system. The logic of proportional representation goes back to the question of where Somalis come from. The question is not easy to answer. The nomadic culture has left us neither writings nor many buildings based on which one could conclude the life and early society of the Somalis. Nevertheless, the Somalis were long considered one of the most homogeneous peoples in Africa. A common tribal system, which gives every Somali an identification code of his patriarchal descent practically at birth, Islam as a common religion and the common language, rounded off this impression. To some extent, however, one has to correct this picture. Despite numerous scientific studies, the question of the Somalis' origin has not yet been conclusively clarified. Roughly summarised, there are currently two narratives. Some emphasise the Arab influence in the development, while other authors stress the African roots of the "proto-Somali" as the cradle of Somali identity. Somalia has a socially dominant tribal system, which can first be divided into "nomadic" and "sedentary" categories. The sedentary groups include the Digil-Mirifle and the Rahanweyn. Both traditionally live agro-nomadically on the fertile banks of the Shabelle and Jubba rivers. The Rahanweyn are composed of various influences, including descendants of other Somali tribes and Oromos and East African Bantu. The Digil-Mirifle are more homogeneously composed and are derived from immigrant and newly merged clan groups. Collectively they are referred to as Sab, after their common progenitor. The Hawiye, Dir and Darood have a more nomadic character and are geographically more northerly. The Isaaq are often counted separately among them. Strictly speaking; however, they are derived from the Dir. These clan groups are called Samaale after their progenitor. Sab and Samaale are considered "noble" tribes. At least the Samaale also link their lineage to Arab tribal fathers. Not infrequently, this is accompanied by references to family proximity to the Prophet Mohammed (PBUH). The representatives of the African perspective, on the other hand, emphasise less the Arab and more the African roots. According to them, the actual settlement of the Somali
peninsula did not take place only from north to south, after the link with Arab immigrants, but much earlier. Bantu and Oromo groups have migrated from mountainous areas of present-day Ethiopia and from the south and settled on the banks of the Jubba and Shabelle rivers, thus forming the "proto-Somalis". Only later a migration towards the north took place. Then, from the 11th century onwards, a renewed (return-) migration of northern, meanwhile Islamised and Arabised Somalis took place in various waves. The return migration was accompanied by the subjugation and displacement of the traditional southern Somali population. The strict descent system meant that there was no longer any real mixing, but a widely ramified, Arab- Somali clan system was established. The non-displaced Bantu/Oromo groups, who in contrast to the Arab-Somali immigrants, have black African physical characteristics, were integrated into the clan system at a low social level and socially "Somalised". To this day, however, there are distinctions based on these physical characteristics. Thus, the black African minorities are also called "Jareer" ("wirehaired"). In addition to these clan structures, there are other social groups. For centuries, the Somali peninsula was a centre of the slave trade. From the coasts, slaves were taken mainly to the Arab world, Persia or India, and sometimes also to Egypt and Europe. However, it was not until the early 19th century that slaves were also increasingly used in the agricultural areas of southern Somalia. At times, the proportion of slaves in the population has been between 10 and 20 per cent. In the course of colonisation, many slaves were released to freedom. Many of them emigrated, but some remained, especially in the southwest and south of present-day Somalia. If you superimpose these roughly outlined developments, the picture changes from a homogeneous to a diverse and multi-ethnic society. In addition, several smaller migrant groups are descendants of former Persian, Yemeni or, to some extent, Italian and Portuguese immigrants. Mogadishu, for example, was founded by Persian traders between the 8th and 9th centuries. Among the best-known minorities are still the Reer Xamar, who refer to these founding fathers. They still live in Mogadishu, are culturally largely "Somalised", and live relatively concentrated in the "Xamarweyne" district. What does all this have to do with 4.5? One of the key questions after the civil war was distributing power in the country in the future. After several peace and reconciliation conferences, a power-sharing formula was first agreed upon at the Arta Conference in Djibouti (2000) and later in Mbagathi, Kenya (2002-04). A mechanism was agreed to share parliamentary seats in the transitional parliament according to clan proportion.
The 4.5 system - an instrument of exclusion? In the inner-somali discussion, the term "4.5 system" comes up repeatedly, and for outsiders, it is not easily recognisable what is behind it. Therefore, here is a brief explanation. The system is a mechanism for sharing political power. A quota system. The logic of proportional representation goes back to the question of where Somalis come from. The question is not easy to answer. The nomadic culture has left us neither writings nor many buildings based on which one could conclude the life and early society of the Somalis. Nevertheless, the Somalis were long considered one of the most homogeneous peoples in Africa. A common tribal system, which gives every Somali an identification code of his patriarchal descent practically at birth, Islam as a common religion and the common language, rounded off this impression. To some extent, however, one has to correct this picture. Despite numerous scientific studies, the question of the Somalis' origin has not yet been conclusively clarified. Roughly summarised, there are currently two narratives. Some emphasise the Arab influence in the development, while other authors stress the African roots of the "proto-Somali" as the cradle of Somali identity. Somalia has a socially dominant tribal system, which can first be divided into "nomadic" and "sedentary" categories. The sedentary groups include the Digil-Mirifle and the Rahanweyn. Both traditionally live agro-nomadically on the fertile banks of the Shabelle and Jubba rivers. The Rahanweyn are composed of various influences, including descendants of other Somali tribes and Oromos and East African Bantu. The Digil-Mirifle are more homogeneously composed and are derived from immigrant and newly merged clan groups. Collectively they are referred to as Sab, after their common progenitor. The Hawiye, Dir and Darood have a more nomadic character and are geographically more northerly. The Isaaq are often counted separately among them. Strictly speaking; however, they are derived from the Dir. These clan groups are called Samaale after their progenitor. Sab and Samaale are considered "noble" tribes. At least the Samaale also link their lineage to Arab tribal fathers. Not infrequently, this is accompanied by references to family proximity to the Prophet Mohammed (PBUH). The representatives of the African perspective, on the other hand, emphasise less the Arab and more the African roots. According to them, the actual settlement of the Somali peninsula did not take place only from north to south, after the link with Arab immigrants, but much earlier. Bantu and Oromo groups have migrated from mountainous areas of present-day Ethiopia and from the south and settled on the banks of the Jubba and Shabelle rivers, thus forming the "proto-Somalis". Only later a migration towards the north took place. Then, from the 11th century onwards, a renewed (return-) migration of northern, meanwhile Islamised and Arabised Somalis took place in various waves. The return migration was accompanied by the subjugation and displacement of the traditional southern Somali population. The strict descent system meant that there was no longer any real mixing, but a widely ramified, ArabSomali clan system was established. The non-displaced Bantu/Oromo groups, who in contrast to the Arab-Somali immigrants, have black African physical characteristics, were integrated into the clan system at a low social level and socially "Somalised". To this day, however, there are distinctions based on these physical characteristics. Thus, the black African minorities are also called "Jareer" ("wirehaired"). In addition to these clan structures, there are other social groups. For centuries, the Somali peninsula was a centre of the slave trade. From the coasts, slaves were taken mainly to the Arab world, Persia or India, and sometimes also to Egypt and Europe. However, it was not until the early 19th century that slaves were also increasingly used in the agricultural areas of southern Somalia. At times, the proportion of slaves in the population has been between 10 and 20 per cent. In the course of colonisation, many slaves were released to freedom. Many of them emigrated, but some remained, especially in the southwest and south of present-day Somalia. If you superimpose these roughly outlined developments, the picture changes from a homogeneous to a diverse and multi-ethnic society. In addition, several smaller migrant groups are descendants of former Persian, Yemeni or, to some extent, Italian and Portuguese immigrants. Mogadishu, for example, was founded by Persian traders between the 8th and 9th centuries. Among the best-known minorities are still the Reer Xamar, who refer to these founding fathers. They still live in Mogadishu, are culturally largely "Somalised", and live relatively concentrated in the "Xamarweyne" district. What does all this have to do with 4.5? One of the key questions after the civil war was distributing power in the country in the future. After several peace and reconciliation conferences, a power-sharing formula was first agreed upon at the Arta Conference in Djibouti (2000) and later in Mbagathi, Kenya (2002-04). A mechanism was agreed to share parliamentary seats in the transitional parliament according to clan proportion. Thus, the "4.5 formula" was born. Of the total 245 seats, 49 seats each were to go to the four largest tribes, the Darood, Dir/Isaaq, Hawiye and Rahanweyn/Digil-Mirifle. 29 seats were to go to the "minorities" together, which was about half of the seats of any of the major clans. Hence the designation ".5" 25 more seats (about 10 per cent of the total parliament) were to be reserved for women. 5 each from the major clans and another 5 from the "minorities" group. This formula, also due to the lack of other political size units such as parties or election results, increasingly became key for the distribution of power at different political levels. The election of the future parliament is also to be essentially composed according to this key, with the proportion of women rising to 30 per cent. Criticism is also linked to this. The accusation is that the 4.5 system not only pursues the goals of political stability but is also used for professional, social and political exclusion. The formula pushes minorities in Somalia into a "0.5" "caste" and thus also marginalises them socially and politically. However, it is not that simple. The 4.5 formula is ultimately a reflection of historical, social conditions. It only reflects what is socially present anyway. For example, marriages between "nobles" and representatives of the ".5" groups are not welcome and physically demanding professions are mainly practised by members of the ".5" families. Nevertheless, this also does not support the fight against inequality but rather perpetuates existing structures of exclusion. Therefore, overcoming this provisional regulation is one of the most important goals for the near future. Bildldrechte: Von CIA - http://www.lib.utexas.edu/maps/somalia.html, Gemeinfrei, https://commons.wikimedia.org/w/index.php?curid=2326359