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INFO RUCNSOM/SOMALIA COLLECTIVE PRIORITY
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UNCLAS SECTION 01 OF 02 NAIROBI 000773 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR AF/E AND ACTING A/S CARTER 
 
E.O. 12958:  N/A 
TAGS: PGOV PREL PHUM KDEM SO
 
SUBJECT: SOMALIA - Shortcut to Sharia 
 
REF: Nairobi 594 
 
¶1.  (SBU) Summary.  Somalis generally accept Sharia law, but most 
favor a form of Sharia that allows them to exercise their unique 
cultural traditions.  Prime Minister Sharmarke told the Ambassador 
that establishing Sharia is a political decision to diffuse 
criticism by certain communities and an opportunity for the 
government to gain new supporters who were just waiting for Sharia 
law to switch alliances.  The PM presented the Sharia law bill to 
parliament April 9, emphasizing that the Council of Ministers has 
agreed in principle to implement Sharia and that parliament should 
also approve its implementation.  Once the bill is passed, the PM's 
plan is to establish an expert committee of lawyers, religious 
leaders, and constitutional experts to propose how to implement 
Sharia, which will eventually go to a public referendum.  The Prime 
Minister, the Speaker of Parliament, and others agreed that there is 
no way that Sharia can presently be implemented in all parts of the 
country because there is no judicial system to support it.  Instead, 
they are approaching Sharia as a political project, confirming that 
the Charter conforms to Sharia law and beginning a national dialogue 
and the long process of developing new federal systems and state 
institutions that also conform to Sharia law.  End Summary. 
 
Agreeing to Sharia: 
Clearing the Roadblocks 
----------------------- 
 
¶2.  (SBU) In one of his first key policy decisions, President Sharif 
announced that his government would agree to establish Sharia law. 
This was an issue that divided many Islamic Courts supporters, some 
of whom had already pledged support to Sharif and the new unity TFG. 
 Sharif told us that by accepting Sharia, he instantly removed a 
rallying point for al-Shabaab (reftel).  The cabinet was split on 
how strict Sharia should be.  Among those favoring stricter Sharia 
were reportedly Minister of Justice Abdurahman Mohamud Farah 
"Janaqow," Minister of Interior Abdukadir Ali Omar, and Minister of 
Higher Education and Heritage Ibrahim Hassan Addow.  The cabinet 
named these three ministers to lead a committee to develop 
recommendations on Sharia law to present to parliament but they have 
not yet developed any formal proposals.  Likewise, our contacts tell 
us the PM wanted to avoid discussing Sharia in detail. 
 
¶3.  (SBU) The government acceptance of Sharia has sparked debate in 
many circles about what version of Sharia would be promulgated and 
the modalities for implementation.  Many fear that the harsh version 
of Sharia favored by al-Shabaab might gain momentum, but the 
overwhelming majority of our contacts insist the government and 
parliament understand that this version is not (and would never be) 
acceptable to the larger Somali population.  Somalis across clan and 
regional divides insist that they have been living by Sharia for 
centuries and this decision represents nothing new.  Our contacts 
emphasize that a tolerant Islam that emphasizes coexistence is, and 
will always be, a fundamental part of Somali culture.  The spokesman 
from the traditional Islamic network Ahlu Sunna Wal Jama'a said an 
undesirable "political Islam" has been brought to the country by 
"foreigners who seek to undermine the most sacred tenants of Somali 
culture, tradition, and religious practice." 
 
Bill Sent to Parliament 
After Public Criticism 
----------------------- 
 
¶4.  (SBU) The Prime Minister faced pressure from circles anxious to 
see Sharia implemented as soon as possible.  In a media interview, 
the Second Deputy Speaker of Parliament, Osman Elmi Boqore, accused 
Prime Minister Sharmarke of delay tactics, insisting that the PM 
immediately submit the bill to establish Sharia law to parliament. 
Many MPs have told us they are ready to debate and vote on the 
measure.  PM Sharmarke explained to the Ambassador in an April 16 
meeting (septel) that he presented the issue of Sharia law to the 
parliament emphasizing four points: the Council of Ministers had 
agreed in principle to implement Sharia; parliament should approve 
the implementation of Sharia law; the Ministers of Justice, 
Constitution and Federal Affairs, and Religions Affairs will consult 
with scholars to ensure the Charter is in accordance with Sharia; 
and after parliament approves the measure, President Sharif will 
appoint a committee to develop suggestions on how to implement 
Sharia through a constitutional framework.  These proposals would 
then be put to referendum for the public to finally decide. 
 
 
NAIROBI 00000773  002 OF 002 
 
 
Parliament Speaker Plans 
To Adopt and Implement the Bill 
------------------------------- 
 
¶5.  (SBU) In an April 14 meeting, Speaker of Parliament Aden Mohamed 
Nur "Madobe" said the PMs office presented a one-page proposed bill 
without detail.  Madobe handed the legislation over to the Committee 
for Justice and Religious Affairs.  This committee is working with 
respected religious scholars to examine all articles of the 
Transitional Federal Charter to ensure it conforms to Sharia law. 
Madobe predicted the committee would find that the Charter and 
Sharia law are compatible. 
 
¶6.  (SBU) Madobe said that he planned to introduce the Sharia bill 
to parliament for debate as early as April 18.  Madobe told PolOff, 
"The United States need not worry - we are not interested in any 
practices that contradict established norms."  Madobe said that 
Somalia is tired of being on the outside, that it is part of the 
international system and wants to establish legal and judicial 
systems that are in accord with international laws and principles. 
He predicted that al-Shabaab would be among the first indicted by a 
Sharia court, given their murderous ways.  Madobe said it would be 
impossible to implement Sharia in areas the TFG doesn't control. 
Until the government is stronger, communities will continue to 
manage their affairs through the customary laws that have governed 
their actions for centuries, the Speaker concluded. 
 
The PM's Sharia Strategy: 
A Gamble That Might Pay Off 
--------------------------- 
 
¶7.  (SBU) In the April 16 conversation with the Ambassador, PM 
Sharmarke admitted that the entire Sharia issue is political and "it 
has bought us time, given us space, and it has gained us support." 
Sharmarke stated that there was a significant group, including 
members of the Hisbul Islam alliance, who have been waiting for the 
implementation of Sharia law, to publicly support the government. 
The Prime Minister called Sharia a "tactic" to help in the 
government's outreach efforts to peel off disaffected members of 
al-Shabaab.  He told the Ambassador that he expected a rush of young 
people to come over to the side of the government as soon as 
parliament adopts Sharia law.  The question, the PM said, will 
become what to do with all the youth who are ready to join us.  Yet, 
he predicted the government's vehement opponents would find reason 
to criticize Sharia's implementation. 
 
Comment 
------- 
 
¶8.  (SBU) While the Prime Minister may be overly optimistic that a 
stampede of youth will join the government as soon as Sharia is 
accepted by parliament, most agree that Sharia will win some 
converts.  Some of the more hard-line fundamentalists (even within 
the government) would like to see President Sharif and the PM take a 
more active role in implementing Sharia, but reluctantly accept that 
political conditions do not currently allow this.  On several 
occasions, various government officials, including President Sharif 
and the Prime Minister, personally assured the Ambassador that they 
are not interested in implementing any extreme laws or practices and 
believe that except for very minor adjustments, the Charter will 
remain as is. 
 
¶9.  (SBU) The TFG generally views the Sharia exercise more as a way 
to validate the government and as an olive branch to offer religious 
fundamentalists who may be more willing to support the government. 
We expect the parliament to quickly pass legislation implementing 
Sharia law.  The Speaker and the PM are on the same page about 
addressing as little detail as possible and in Madobe's 
characteristic leadership style, a Sharia bill, short on detail and 
long on general principles will likely result.  The more long-term 
challenge will be to build the institutions to fully consider and 
more formally adopt Sharia law, after working through the details on 
how it coincides with a new constitution.  If Sharia is to 
eventually go to referendum, it might provide the impetus for 
Somalis of all stripes to work together to build the necessary 
framework through which the constitution must also pass. 
 
RANNEBERGER