As the winds of war swept across Somalia, tearing down the pillars of its crumbling central government, a unique and miraculous form of governance emerged from the ashes. Somalia’s stateless period from 1991 to 2006 is often seen as a time of chaos and violence, but some researchers have argued that it was also a period of it was of strength and resilience.1 The absence of a central government, while challenging, allowed for the emergence of unique forms of governance and economic activity.
During this time, Somalia was effectively a failed state. The central government, which had been weakened by years of civil war, was no longer able to provide its services or “maintain order”. As a result, the country descended into anarchy, with various warlords and militias vying for control of territory and resources.2
Private law
One of the most notable aspects of Somalia’s stateless period was the emergence of a unique form of governance known as the Xeer system. The Xeer, which has its roots in the traditional legal system of Somalia, is a form of private law that is based on a set of rules and principles that are agreed upon by the members of a community. The Xeer places a strong emphasis on the protection of private property rights, and it is often seen as a form of spontaneous order that emerged in the absence of a central government.3
According to economist Peter Leeson, the emergence of the Xeer was one of the key factors that allowed Somalia to continue functioning during its stateless period. Leeson argues that the Xeer provided a framework for the continuation of economic activity and the protection of property rights, even in the absence of a formal government.4
What the evidence says
Furthermore, Leeson’s research suggests that Somalia may have even been better off during its stateless period than it was before or after. For example, Leeson points to data that shows that the rate of violent conflict in Somalia decreased significantly during the stateless period, compared to the years before and after.5 In addition, he notes that life expectancy, infant mortality, maternal mortality, and many other indicators of quality of life improved during this time.6
Similarly, economist Benjamin Powell has also argued that Somalia experienced some positive developments during its stateless period. Powell points to the growth of the informal economy and the emergence of new forms of entrepreneurship as key factors in improving the standard of living for many Somalis.7
Conclusion
In the face of great adversity, the people of Somalia proved their resilience and resourcefulness, creating a society that was not only functional, but also prosperous. The research of economists like Leeson and Powell suggests significant positive development for the country. The emergence of the Xeer system of private law, with its focus on private property rights, was a key factor in this development, providing a framework for the continuation of economic activity and the protection of property rights in the absence of a formal government.
Leeson, Peter T. “Better off Stateless: Somalia Before and After Government Collapse.” Journal of Comparative Economics, Vol. 35, No. 4, (2007), pp. 689–710.
MacCallum, Spencer H. “The Rule of Law Without the State” Mises Institute, 12 Sept. 2007, mises.org/library/rule-law-without-state.
Gladitz, Nicola. “Somalia: A Tradition of Law.” 20 Apr. 2016, essaydocs.org/somalia-a-tradition-of-law-a-research-paper-by-nicola-gladitz.html.
Leeson, Peter T. “Anarchy Unbound.” Why Self-Governance Works Better Than You Think (2015), p. 192-193.
Ibid, pp. 178-179.
Ibid, p. 180.
Powell, Benjamin & Ford, Ryan & Nowrasteh, Alex. “Somalia after state collapse: Chaos or improvement?” Journal of Economic Behavior & Organization. 67. (2008), pp. 657-670.