Saturday, October 1, 2016

Conflict And Conflict Minerals In The Great Lakes Region, Somalia, Puntland and Somaliland

1-Introduction
When we hear of Conflict minerals what comes to mind are the blood diamonds of Sierra Leone, Liberia and Eastern DRC. Armed groups like the M-22, the Inter Rahamway Rebels, Rwanda, Kabila, Kigami and the like. Conflict minerals are minerals exploited for the sole purpose of funding an armed group.
The Great lakes area and in particular the Eastern DRC is rich in minerals and recurrent conflicts to control them. Ever since the overthrow of the Mabuti government the area has been racked by instability with rebels backed by the governments of DRC, Rwanda, Burundi, Uganda vying for control of the precious minerals in the area.
Clearly there is a world demand for these minerals that is fuelling an ever more violent situation of destroy and control. It was only through reporters exposing the link between minerals and the conflict in the area that the world, in particular the Western World, where the markets for these minerals were great, was forced to look into its conscience with a sense of guilt.
Despite the images of death and destruction fuelled by these conflict minerals that were the raw materials for the world’s biggest multinationals in the west it still took a long time for the multinationals to take action and it is still a long way from any meaningful change in the dealings of these multinational companies with the so called conflict minerals from the Greater Lakes regions or elsewhere. For instance, General Electric (GE) only made a commitment to act on the issue in its company’s 2010 citizenship report. The US, the headquarters of most of these multinational companies, enacted a law as recent as 2010 requiring many companies to report publicly on their use of conflict minerals in the manufacture of their products. This is years, over a decade, when reporters have exposed the use of minerals for financing and continuing the conflicts in West Africa, Liberia and Sierra Leone. (GE Citizenship 2011)
There are stages to conflict and obviously the root causes arise much earlier before it flares into an open violence. And while the multi-nationals make us believe that they are making changes to their practices in identifying the source of their raw material minerals they are also open to ‘legitimate’ mineral sources and supply chain. Now what constitutes ‘legitimate source’ hasn’t been yet put into agreement. Just because the minerals didn’t change hands from ‘illegal armed groups’ doesn’t necessarily mean that they are conflict free.
The DRC as with virtually all of Africa is under dire poverty, minimal development and the like. There are still inter nascent conflicts arising from competition for scarce resources. There is a land tenure issue in DRC as in all of Africa. The government under the clout of legitimacy through licensing ‘legitimate’ companies to mine in the country inevitable intrudes into the livelihood of those that happened to be in the mine area. Add to that the environmental hazards brought by these mining companies and you have an entire group ethnic, cultural, social being displaced from its home and livelihood.
Displacement of people’s livelihoods and traditional practices without an adequate compensation and relocation (which is impossible) is also violence, structural violence and so while not out in the open, any minerals extracted from the area and bought by these multinational companies are conflict minerals as well. For in the end, structural violence does lead to open violence in the end and thus the multinational companies are eventually to take the blame.
Take for instance the multinational company Shell and oil extraction in Nigeria. It has caused a lot of havoc, displacement from their traditional livelihoods, and environmental catastrophe in the areas they operate in. Who holds Shell responsible for all these destructive ventures? The West enjoys the oil that Shell sells but aren’t they encouraging the further destruction of the people and country of Nigeria? Isn’t that illegal? Isn’t that the same as multinational companies buying conflict minerals and fueling the conflicts in those areas in Africa?
It just goes to show that unregulated capitalism and the welfare of people and societies don’t go together. The factories, oil extractions and the like have moved from Europe and North America to Africa and Asia. Europe and North America have environmental policies that won’t allow anything remotely resembling what for instance, Shell is doing to the environment in the Niger River Delta. But when it comes to any other place other than Europe and North America, the West has no environmental policy. The Environment is a human right issue and thus universal. Europe and North America can’t live in their little bubble for long.
2-Conflict and conflict minerals in the Federal Republic of Somalia
 2.1 Somali minerals
Somalia isn’t usually a country to comes to mind whenever the subject of conflict minerals is brought up. I suppose it has been spared unlike the DRC, Sierra Leone and Liberia. However, with the recent oil explorations in the country this might change.
Minerals in Somalia are usually found in the northern regions of Somaliland and Puntland. For instance artisanal mining that includes gemstones and salt mining as well as gold in Somaliland while oil was being explored in both Somaliland and Puntland. (2011 Mineral Yearbook)
The first multinational oil companies part of the seven sisters Conoco, Texaco, Chevron were operating in Somalia in the late 1980s with licenses and concessions from the then Somali president Siyaad Barre who was probably desperate for more money to hold on to power indefinitely.
Since the civil war, these companies haven’t returned. Despite this they never relinquished their licenses and concessions in Somalia. Amidst this background Puntland and Somaliland have given their own concessions and licenses to somewhat obscure companies who on the face of it are deliberately wanton reckless.
However with the strong clan structure that exists in the fabrics of Somali society and in particular the regions of Puntland and Somaliland no armed group could ever even attempt to exploit these mineral resources for their own enrichment to the exclusion of the inhabitants of the land.
 2.2 Somaliland Minerals and Mineral Exploration
 2.2.1-Background
As stated earlier, most of the minerals in Somalia are in Somaliland. And Conoco concessions were in Somaliland. This self-declared republic is host to gold and gemstones as well as oil.
Largely pastoralists the people have for so long opted to not tamper with their way of life by introducing oil extraction on the land that could have dire consequences for the export of livestock for which Somaliland is well known for.
However, times seem to have changed and recently the incumbent Somaliland government of Silaanyo had issued licenses to obscure, small oil companies to explore and eventually extract the oil, gold, gemstones and all the minerals of Somaliland.
 2.2.2 Genel Energy
Genel Energy has been issued concessions for the exploration of oil in Blocks of land in the Saraar and Togdheer regions of Somaliland. Genel supposedly entered into an agreement with the Somaliland government. But with everything in Somalia inclusion of the local inhabitants of the area was a must to have a complete agreement.
Left out the Saraar community spearheaded by its community leaders, elders and politicians attempted to correct things.
In March  2013, the people of the area led by a group of 21 elders protested and stopped Genel’s initial exploration of oil in the area. This led to Genel sending two “ high ranking” executes of the oil company to sit down with the 21 elders. And it was in this sitting with the Genel executives that the elders presented their list of demands.This was to ensure that the community would benefit from the minerals in their lands and not be displaced from their livelihoods and lands. After all these were pastoralists and the depended on the land to graze their livestock.
The executives agreed to consider the list and respond to the community in due course though no body heard of them since then. Henceforth the elders went to Hargeisa to talk directly to Silaanyo who listened to their concerns and requested that they select from amongst themselves five individuals that would directly negotiate with the Genel company and his minister of energy and minerals Mr. Hussein Abdi Dualeh. The negotiations that subsequently went on between the five representatives of the community of Saraar, Genel company representatives and the Somaliland minister for energy and minerals failed. Genel and Mr. Hussein refused to make any concessions to the Saraar community representatives. And eventually Genel resumed its exploration of the Saraar region.
It was at this point that members of the Saraar community in the Diaspora in coordination with those in Somaliland decided to write an open letter addressed to Mr. Hayward, the Chief Executive of Genel. The letter was signed by the Yonis Abdirahman clan who are “ the overwhelming inhabitants of the Saraar region” The letter goes on to welcome oil explorations in the region and investment in the country to create jobs, build infrastructure, provide social services and so on. However, the authors of the letter protest the exclusion of chosen traditional elders, intellectuals, religious leaders and members of parliament of the Saraar region from involvement in the contract between Genel and “ a few ministers of the Silaanyo government”
Now the Saraar people weren’t really unreasonable in their demands which included a thorough environmental study to be taken before commencement of any meaningful oil extraction from the area after all it was their way of life that was at stake. And in case people’s lives are affected by the oil extraction which inevitably it would affect their lives then the people should be compensated not only in relocation or redevelopment of the area but in terms of creating jobs for the locals and to this effect security of the area should be entrusted to the natives of Saraar. And to ensure that Genel lives up to its agreement with the people of Saraar 25% ownership should go to the Saraar inhabitants. And to safeguard against backlashes from the Silanyo government all agreements it enters with Genel should go before the both houses of parliament. (Somalilandsun, 2013)
The open letter concludes appealing to the Genel board of directors to consider the list of concerns of the Saraar community citing it would be a win-win for all.
But then what didn’t come through face to face negotiations wouldn’t come through an open letter that is easily ignorable.
2.2.3 The Government of Somaliland, Genel oil company and potential conflict in Somaliland
The government entered its own agreement with the Genel company without consulting the community whose land the company would explore. This inevitable led into conflicts with that community who demanded they be part of any agreement concerning their lands.
In this the government assured them that they would be consulted before any actual exploration activity starts on their land.
However, the Genel company along with military escort (RRU) from the government forcibly came onto the community and their lands with bulldozers and labor and technical teams chopping off the shrubbery of the land that the locals depend on grazing their livestock and what have you. (Somalilandsun, 2013)
The assurance from the government of Genel’s security didn’t stop the latter from pulling out of Somaliland in early September of 2013 citing wider security concerns. (Ethiopiannewsforum, 2013)
I suppose it has slowly come to learn its lesson that this is Somalia. Despite this the Somaliland government spearheaded by the foreign minister is reassuring that they would guarantee the full security of Genel personnel and property and if that wasn’t enough the British security apparatus would assist as well. (Somalilandpress, 2013)
2.2.4 Confrontation between Genel  and the community
With a modest list of demands made by the people of the community whose land would be explored for oil and with the rejection of those demands off hand by Genel without first a discussion, a potentially explosive situation was created in what was a peaceful area of Saraar and Togdheer.
The government initially tried to talk to the community to work out some kind of a solution but with the Genel oil company missing from the talk, the talks were just that, a means of stalling and distracting the community.
And that is exactly what happened when Genel didn’t live up to its understanding with the people bringing its own employees and disregarding the people that may be displaced by its work.
And so the people reaffirmed their insistence that Genel meet their demands or that they will take action. The clan militia men were ready and within sight of the Genel and its exploration.
The government threatened to deal with those that are in the way of the oil company from doing its work and in fact brought in their own militia, the RRU to the area and thus creating a very tense scene.
Eventually the minister of interior tried to mediate between the community and the government to no avail. There have been numerous earlier attempts that produced nothing.
And the situation was in that tense stance when Genel all of the sudden, perhaps reading the writing on the wall, decided it wasn’t worth it. (Somaliland.org 2013)
2.2.5 The confrontation of the government and the militiamen
With the central government bent on affirming its authority over the people and land a large contingent of armed men fell upon the community but they were met with an equally well armed militia.
The Central government tried to mediate the situation once again though the tension never died down. Once again with the demands of the community not met by Genel company there was no final agreement on the matter of exploration of the community’s land.
The more Genel continued to work in the area the more they became targeted by the community whence they called the whole thing off.
2.2.6 The termination of the oil exploration by Genel in the Somaliland
And so unable to continue with its work in light of the apparent disapproval and dislike of the community Genel had only one option and that was to pull out. The government neither sought to reassure its security any further than it already had nor did any other group sought to get into the wedge and support the company in its bid which is what would have happened had the central government been ruthless and capable to suppress the community while Genel went on with its work. And no armed group could come forward to fill in the cracks because of the nature of the Somali political, socio-economic and cultural landscape.
We can truly say this is one time that a community has gotten the upper hand over a multinational company. Oil and its wealth was not worth the fight. It wasn’t possible to fight over it anyways. For the simple fact that in Somalia each clan has a right over its own land and that no one else has any business in encroaching upon it without flaring up a deadly and protracted conflict between clans. And with already several unhealed wounds and still simmering and just under the cover inter clan conflicts no body has the heart for new ones.
Reports of the government that Genel would return back doesn’t seem to be confirmed by the company itself which cited security reasons as its main issue that has driven it to pull out of the country. (Somalilandpress, 2013)
Other reports say that Genel pulled out of Somaliland because of the actions of the ministers that have misappropriated sums of money that was to go to the development of the area where the exploration was to take place and so in fulfillment of its agreement with the community representatives.
However, Genel would have come out with this to the community if it actually was fulfilling its agreement with them and this hasn’t happened. So this piece of news is somewhat under clout.
Other reasons state that Genel pulled out of Somaliland because of pressure from Somalia that wasn’t happy with the region benefiting its own resources. This is usually the government line. That Genel pulled out of Somaliland because of events in Somalia. Perhaps Genel being a company of Turkish origin might have something to do with it with Turkey in favour of a single Somalia rather than Somaliland and Somalia. (Somaliland.org, 2013)
Whatever the reason the fact of the matter remains that the company is out and a disaster has been prevented that would have likely put the country through another deadly internecine conflict.
2.3 Puntland Minerals and Mineral exploration
2.3.1 Gemstones
An Australian mineral company, Range Resources Limited attempted not long ago to explore gemstones in the Nugaal region of Puntland. Of course they had concession licenses from the Puntland government. However, there was no involvement of everyone in the community and people living on the land they were exploring.
Puntland politicians like all politicians are all talk and not much effect on the ground. The concession deals were made in Garoowe behind closed doors with supposedly politicians from the regions concerned. And we can say they might have brought along some folks from the areas of exploration but by no means is this to be construed as a full inclusion of the community in the affairs of their lands.
Even the very sincerity of these politicians is questionable. After all every man is part of a clan and first and foremost has an allegiance to that clan. And no man wants to take away the wealth of his clan in terms of this mineral rich land to some other clans. The clan owning the land has first priority in the wealth of that land.
And so I’m afraid Puntland politicians as Somaliland and Somalia politicians are playing a double hand here without realizing the consequences of doing so. After all the world doesn’t play this way. You double deal a multi national oil company and you’ll have to face the consequences from the home countries of these companies.
As happens with everything done in this part of the world the absence of involvement of the local community had had a dire consequences for the Australian company who seem to have not understood much the Somali landscape. No body is holding them for their lack of understanding of the Somali political landscape for even Somalis have hard time making sense of their landscape.
I suppose with all their political acumen Somali people are not much of politicians. Perhaps apprentices but not politicians.
2.3.2 Confrontation of the Range Resources Limited and the local community
And so with no involvement from the local community, Range Resources Limited had no business moving around looking for gemstones. It was trespassing on private property of the inhabitants even though it had a license from the government of Puntland.
The locals responded to these intruders by making it hard for them to be there. There were incidents between the local militias Range Resources Limited and their Puntland security.
Add to that and the fact that progress was slow on its exploration of designated areas, another company was out of Somali territory. There was no suppression of the armed militia for it was their clan territory and not even Puntland, itself a union of clans and sub clans could do anything about it. Clan land was off property to all but the people concerned lest wounds are opened and as we have stated earlier no body wants to start new protracted inter clan conflicts that is difficult to extinguish.
And so yet again Somalis have gotten the better of the multinational companies. No amount of wealth was worth the blood, enmity and destruction shed. It just wasn’t possible in the Somali case because it is pretty much clear cut. Natural resources truly belong to the people of the land, in this case the Somali clan that is from that land.
2.3.3 Puntland Oil Concessions
The Puntland parliament in 2006 approved the concessions license between the Puntland Sate of Somalia and the Range resources limited company, an Australian based company, I don’t know if Faroole had any part in this (he was formerly an Australian resident).
Range Resource Limited company would have the right to explore oil in the Puntland regions. After the initial set back, it did start drilling in some areas in the Bari region but with no success. And though some community leaders were paid some sums of money by the Puntland government it is doubtable if everyone was included in the agreement to share the wealth of the oil from the land.
We have already seen the response of the local community to gemstone exploration. The oil exploration is even more controversial with implication that have dire consequences for the inhabitants of the region.
And even though these Somali pastoralists are living off the land and their livestock they are aware of the potential evil oil and gemstone exploration could have on their livelihood.
I don’t know if the Puntland people are as tightly nit as the Somaliland people but it’s pretty much clear that neither wants to be displaced from their ancestral homelands and way of life.
2.4 Puntland and Somaliland claims over oil exploration in the Sool, Sanaag and Ayn regions
The dispute between Somaliland and Puntland over the Sool, Sanaag and Ayn regions is now threatening to take a development for the worst with each government awarding concessions over the same piece of land to two different foreign oil companies the Norwegian DNO and the Swedish African oil. Some Puntland officials have warned the Somaliland government with threats of open confrontation if it starts exploration of their lands. Somaliland officials have similarly threatened Puntland with threats of confrontation if it starts exploration on its land.
What is questionable is how these two oil companies could even think of working in such a disputed area with not much of any unified governing authority. I suppose it is a bit like Genel. It knew the risks of doing business in Somaliland but it went on with it anyway without setting in basic considerations in place.
It is not surprising that these oil companies are venturing into Somaliland and Puntland which are neither recognized as legal, independent entities. It is not surprising that also these oil companies are working in a potentially volatile situation. It makes you wonder if these companies are deliberately trying to create tensions and conflicts. There is a large body of evidence regarding oil companies and conflict oil. It is pretty much clear for everyone to make their own conclusions.
2.5 The Federal government and Puntland and Somaliland
2.5.1 The Federal government of Somalia and Somaliland
The Somali constitution supposedly considerable autonomy to regional governments to enter into commercial oil deals. However, there is also a draft Petroleum law stating the central government can distribute natural resources. The problem is that the Somali Federal government is at the moment unable to enforce its authority through out the Southern regions or even Mogadishu let alone throughout the entire country. And as we have noted in this heavily clan structured post civil war Somalia with everything under the clout of the clan, no clan is going to infringe on another clan’s land local, regional or central government for that matter. (Reuters, 2013)
2.5.2 The Federal government of Somalia and Puntland
Though Puntland is supposedly in principle receptive to a central government in Mogadishu, in practice and in manner it imitates Somaliland in all ways if not even more vocal in its stance vis-à-vis the central government.
Puntland in fact rejected statements from the Federal government of Somalia that only the Federal government can enter into deals relating to natural resources stating that there was no viable government in Mogadishu to start with.
And in reality that is the case. The supposed government in Mogadishu has no enforcement outside the environs of Mogadishu and may be few other surrounding districts. And so whatever statements Mogadishu makes regarding already established regional administrations in Puntland and Somaliland has nothing to back it up.
4 Conclusion
As we have seen Multinational Companies as well as Western governments are dragging their feet about on the issue of conflict minerals and why should they expedite it. After all if no body has done anything about the destruction of the environment that these same multinational companies have caused in many a place in the world, who cares if they buy minerals from sources that are in conflict.
So the argument goes that there are more underlying root causes for the conflicts in Africa and that stopping the trade of conflict minerals would be just treating the symptom of the disease rather than tackling the underlying causes. And so they propose to increase development, hopefully eradicate poverty, promote good governance and the like in the areas these multinational operate.
However, these are not the treatments for the problems. It is just the cover up of the problem so that these multinational companies would operate under the pretense of good conscience.
If ever the root causes of these problems were to be tackled it would have to be done by the indigenous populations and without the interference of the Western Nations that are only fuelling the flames of conflict through their buying of conflict minerals or multinational companies polluting the environment. However, that is not the kind of world that we live in.
Africans would eventually have to create a more conducible environment with which to coexist with each other and share.
References (APS Style)
1-Conflict Minerals and the Democratic Republic of Congo: Expanding Supply Chain Efforts. 2011. GE Citizenship. Retrieved September 1, 2013, from: http://www.gecitizenship.com/blog/features/conflict-minerals-and-the-democratic-republic-of-congo-expanding-supply-chain-efforts/
2- USGS Science for a Changing World. (2011). Minerals Yearbook. Retrieved September 1, 2013, from:  http://minerals.usgs.gov/minerals/pubs/country/2011/myb3-2011-so.pdf
3-Somalilandsun. (2013). Somaliland: Open letter to Tony Hayward of Genel Energy. Somallandsun. Retrieved September 1, 2013, from: http://somalilandsun.com/index.php/community/3639-somaliland-open-letter-to-tony-hayward-of-genel-energy-
4-Somaliland.org. (2013). Genel energy oil company stops all work and leaves Somaliland, all contracts terminated and expatriate employees ordered to leave Somaliland.  Retrieved September 1, 2013, from: http://ethiopianewsforum.com/viewtopic.php?f=2&t=60725&mobile=on
5-Goth, M.G. (2013). Somaliland: Genel Energy to resume oil exploration operations after reaching deal with Somaliland government. Retrieved September 3, 2013, from: http://somalilandpress.com/somalilandgenel-energy-to-resume-oil-explorations-operations-after-reaching-deal-with-somaliland-government-44439
6-Somaliland: Genel’s quest for 400,000 Barrels of crude per day undeterred by rumors of prospective conflict. 23 July, 2013. Retrieved September 3, 2013, from: http://somalilandsun.com/index.php/economic/3391-somaliland-genels-quest-for-400000-barrels-of-crude-per-day-undeterred-by-rumours-of-prospective-conflict-

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