quarta-feira, junho 06, 2012

Somalia (9)

No seguimento de Somalia (8), The Rule of Law without the State (2007):
Were there such a category, Somalia would hold a place in Guinness World Records as the country with the longest absence of a functioning central government. When the Somalis dismantled their government in 1991 and returned to their precolonial political status, the expectation was that chaos would result — and that, of course, would be the politically correct thing to expect.
Somalia's pastoral economy is now stronger than that of either neighboring Kenya or Ethiopia. It is the largest exporter of livestock of any East African country. Telecommunications have burgeoned in Somalia; a call from a mobile phone is cheaper in Somalia than anywhere else in Africa. A small number of international investors are finding that the level of security of property and contract in Somalia warrants doing business there. Among these companies are Dole, BBC, the courier DHL, British Airways, General Motors, and Coca Cola, which recently opened a large bottling plant in Mogadishu. A 5-star Ambassador Hotel is operating in Hargeisa, and three new universities are fully functional: Amoud University (1997) in Borama, and Mogadishu University (1997), and University of Benadir (2002) in Mogadishu.
Democracy is unworkable in Africa for several reasons. The first thing that voting does is to divide a population into two groups — a group that rules and a group that is ruled. This is completely at variance with Somali tradition. Second, if democracy is to work, it depends in theory, at least, upon a populace that will vote on issues. But in a kinship society such as Somalia, voting takes place not on the merit of issues but along group lines; one votes according to one's clan affiliation. Since the ethic of kinship requires loyalty to one's fellow clansmen, the winners use the power of government to benefit their own members, which means exploitation of the members of other clans.

There is time in this short talk to give you only some of the highlights of the Xeer. First, law and, consequently, crime are defined in terms of property rights. The law is compensatory rather than punitive ..
Second, in order to assure that compensation will be forthcoming even in cases where the perpetrator is a child, or penniless, or crazy, or has fled abroad, the Xeer requires that every person be fully insured against any liability he might incur under the law.
A third point about the Xeer is that there is no monopoly of police or judicial services. Anyone is free to serve in those capacities as long as he is not at the same time a religious or political dignitary, since that would compromise the sharp separation of law, politics, and religion.
Fourth, there is no victimless crime.
The Xeer takes its place among such great legal systems of the world as the Roman law, the English common law, the Law Merchant, and the Jewish traditional law (Halacha).

Sem comentários:

Enviar um comentário