Hiiraan Online

Sakariye Yusuf & Liban Obsiye
Wednesday, May 15, 2013

The American government which has been a major host for Somali asylum seekers escaping the violence of their nation has started to quietly deport both failed asylum seekers and criminals who they feel are a risk to their national security and are not worthy American citizens. For years there was nowhere to send them because of the continuing failure of the Somali state and the escalation of violence in most Southern areas. However, with a new government that the American State recognises and the apparent stability it’s brought, the American government has deported 24 Somalis from Minnesota and other States. With the blossoming relationship between the Somali and American government this will only continue.

Deportations have proven harder in Europe for European Union member states which are governed by stricter Human Rights laws than the Americans. The right wing press, Political Parties and social movers and shakers have for a long time been calling for a stricter immigration policy backed up by mandatory deportations for those who fail to comply or do not meet the immigration rules. This group is so determined that they are forcing their governments like that of Britain to renegotiate the European Union wide social laws and Human Rights which encourage closer political integration, social cohesion and most of all, allow immigrants and asylum seekers to remain in the UK. Especially where they have been convicted of crimes.

In late February this year the Dutch government was warned by its most senior court that it should not deport Somalis to any part of South Central Somalia, including Mogadishu until security improves substantially. Despite the claim by the Dutch government that Somalia with its new government and found peace and stability is safe to return refugees to, the United Nations (UN) and the Dutch courts which relied on the UN report found this to be unconvincing, misleading and if implemented, in contravention of the 1951 Refugee convention agreements as well as European Human Rights law.

The Conservative Party led coalition government of Britain is adamant that criminals should be deported at any cost back to their home nations.  Theresa May, the Home Secretary, has made it clear that she would fight to not allow one criminal remain in Britain after release. However, since her country is part of the European Union and subject to the Treaties and laws of the organisation like the other member States she has been unsuccessful in her endeavours. The European Court of Human Rights this week further angered the Home Secretary and the right wing press this week as it allowed a Somali criminal who the government has been attempting to deport since 2008 for violent crimes, Ahmed Hersi, remain on British soil. Another Somali criminal in the UK with recorded sexual offences which are extremely serious, Mustafa Abdi, was also awarded compensation for breach of his Liberty by the European Court of Human Rights for his unlawful detention while the British government unsuccessfully sought to deport him. The argument again was simple like before: Somalia is not safe to return anyone to, even criminals. Returning people now is a Human Rights breach. In a sign of anger and desperation, driven by a need to satisfy the angry right wing voters, the Conservatives have also promised to bring forward legislation that first deports foreign criminals home and then allows them to appeal to return from there if they are successful in their legal battle in the UK. While this may never happen while the European Court of Justice exists, the very determined bold policy statement ought to frighten anyone who has any interest in Human Rights.

The British government and the world have much to gain from a peaceful, stable and prosperous Somalia. One of these is less immigration and where some Somalis do seek asylum abroad, a State to return them successfully to which the Courts and Human Right groups do not deem to be a risk to the returnees. However, despite the euphoria surrounding Somalia and its new government led by Hassan Sheik Mohamoud, Somalia is still too fragile, dangerous and poorly governed to risk returning those who have escaped it to. Even the well to do and highly educated members of the Diaspora which the new regime needs most is not returning in any significant number for fear of security and this should be an indication of the state Somalia is in today. The Somali government itself is now more confident and slowly finding its feet but even key members of the close governing circle admit to how dangerous Mogadishu and parts of South Somalia remain.

The reality

The Somali criminals which are deported back to Mogadishu and other volatile areas or even the safer ones like Puntland, are socially excluded by those they go to join because they are essentially no longer one of them. There is usually a gap in understanding and language skills as well as the stigma of been returned for ones criminal acts. Many of these deported, who would mainly be boys and young men are generally seen as spies by the locals in Somalia for their home country which kicked them out as they find it hard to believe that anyone who has lived abroad can be deported without been asked a favour by his government who in turn pay them benefits. A man from Denmark who was repatriated died this way recently and another was killed in Mogadishu due to the suspicions of been a spy that spread through rumours. Those that face deportation may give the impression that the Western powers will not tolerate abuse of their hospitality to their voters but these poorly thought out, impulsive populist policies put those to be deported at risk of radicalisation, stigma and death. The Somali people are no longer socially homogenous as the feeling of them and us between the locals and the Diaspora has heightened in the fight for power and resources. Any returnee, businessmen, failed asylum seekers as well as criminals, are not welcome by the locals. It is no longer their country.

In most developed nation immigration laws and policies, like Britain and most of the European Union, even where one part of a developing country is too unsafe to deport its people abroad to, authorities can seek to settle them in safer regions internally within that State. For nearly a decade failed Somali asylum seekers and criminals who have lived most of their lives in the UK have been deported to the safe regions of Somaliland and Puntland because they were safer than Mogadishu and its surrounding areas and they still are. However, internal relocation policy will not work in Somalia simply because the country is geographically very tribal. Even worse, the geographical monopolies enjoyed by tribes in the past no longer exist in many places as certain regions no longer have a majority tribe. The shift in tribal dominance, power and stalemate in many regions in Somalia came about as a result of internal fighting for land and authority. A good example is Hamarweyne where in 1991 the majority of inhabitants were Banadiris but now this area is Hawiye dominated.

The problem this poses to Western governments who want to deport Somali nationals is where do you drop that person of in Somalia if they cannot safely return to their own tribal strong hold? Somalis are not like Afghanis for whom one can be a guest forever.  Somali hospitality is assured but for a limited time before guests are asked to leave. Even where one is returned to their tribal stronghold, the ties that once bound so tightly have now loosened and there is a struggle within the tribes by faction members who want greater authority. This is not the best environment to keep anyone let alone return someone who has lived abroad for any length of time.

The continued bombing spree, kidnapping and assassinations of key civil society members, journalists, businessmen, politicians and civil servants clearly shows that Mogadishu is not safe like many parts of South Somalia. Although in theory there is a Police force, most have different uniforms, are poorly trained, extremely tribal and accused of regularly abusing their powers. They can switch sides with a simple bribe and are willing to turn a blind eye for a fee too. The Judges of Somalia are also tribal and inadequately trained to dispense any fair judgement based on facts and laws. Most of the law is custom and not written down in an accessible document. Justice as a whole at present in Somalia is non existent, corrupt and very selective. It is governed by a toxic mix of tribalism, greed and incompetence on a grand scale.

Justice and policing were part of President Hassan Mahamoud Sheikh’s six pillar plan and pledges of technical and financial support were made for it by the donor nations at the London Conference this week. The Somali government asked for 4 years to create an effective and accountable Police force for all Somalis but while it is an initiative to be applauded and welcomed it jus that at present, an initiative. Perhaps in 4 years time when Policing and Justice have improved, if all goes well, should responsible governments in the developed world think about voluntarily returning or forcefully deporting people back to Somalia. To do it before this, is an obvious breach of Human rights as the Somali state is in no shape to assist and safeguard itself let alone those deported to them.

The only source of security in Mogadishu is offered by AMISOM troops and while the movement of their vehicles across certain parts of the city are welcome by residents, they do not stay long enough to protect them from anything. Apart from key government officials and employees, AMISOM offers little or no security to the public as they are focused on the protection of institutions and not the general public. Even places where AMISOM are stationed have proven to be unsafe. Similar to the Taliban, Al-Shabaab hides and operates in plain sight and is still feared by the population. Recent supporters of the government and influential Muslim clerics who condemned them have disappeared and no one has been brought to trial for their murder. This is a strong symbol that there are two governing bodies in many places in South Somali including the capital Mogadishu. While one, Hassan Sheik’s government is attempting to win the hearts and minds from Villa Somalia, the other is strengthening its grip within communities. Aside from this there has been a rise in assassinations linked to tribe, jealousy, business rivalry and simple unfounded rumours of working for Western intelligence services.  All this under the eyes of AMISOM.

Al-Shabaab and pirates are the main reason many believe Somalia is getting all the latest international attention. This arguably is true as most of this weeks international conference focused on security both at sea and in land. The British government was clear in its hopes that it would like to see both defeated and thrown into the dustbin of international history.  However, deporting criminals and failed asylum seekers back to them is not an intelligent strategy. That is not to say all will join these groups but the deported generally speak English or other foreign languages, are media savvy and are able to connect with the disaffected Diaspora youth who have limited opportunities in the West today like most people their age due to the global financial crisis. The US and Britain are obsessed with home grown terror but are they happy to return potential recruits to be radicalised in Somalia only for them to return to their soil to carry out attacks? Or perhaps fight their soldiers in the many battle fields of the world? Through deportation, those young criminals who could have been easily rehabilitated and monitored in the West can become the chief recruiters and idols of the real enemy the developed western nations face within. Has Anwar Al-Awlaki been forgotten already?

The deportation of Somali youth criminals back to Somalia would contradict the internal efforts been made in places like Britain to engage with them and their kind through dialogue and education. Their deportations will enforce the belief that Britain is not their country despite them speaking its language, having its cultures and lived there most of their lives. The belonging theme is one that is best exploited by recruiters for causes as they attempt to create a purpose greater than monotonous life itself. These new recruits with language skills and Western cultural understanding are easier to train and transport across the world with false documents to carry out the havoc that is most feared in most cities across the world. By been hasty governments like that of Britain and America, through their acts of deporting Somalis back  to an unsafe and unstable partially out of conflict yet not unified state of Somalia, will be feeding the enemy propaganda machines they hoped to silence online.

President Hassan Sheikh arguably is the most engaged, understanding and intelligent President Somali has had for over two decades. He has a balancing act to strike. On the one hand he has to show the world that his nation has a leadership worthy of international recognition and partnership but he also has to manage a fragile development process within that can combust at any time over any issue. This is no easy task. However, what the President should not do is say yes to every demand made of him by donors but ask for time and assistance to establish the strong State institutions and mechanism that can help him accommodate the international community’s needs and protect the interest of his people which is his main duty as leader. Protecting his people from the harm caused by potential returned violent criminals, sex offenders and murderers from Western jails and systems that are better able to cope with them than his government is, would be a good start in building his government’s internal legitimacy and external image.