The Inalienable Right of Somali Nationals to Keep and Bear Arms in Somalia
The reasons and rights of Somali citizens in Somalia to keep arms are deeply rooted in historical background, legal traditions, and ideological foundations. Moreover, it as well reflects complex historical and societal considerations, shaped by cultural traditions and faith protections. As a result, these rights and reasons are mainly grounded in nomadic common traditional laws dating back centuries, serving as a means to ensure individual and collective self-defense against personal assailants, land ownership dispossessions, and foreign tyrannical invasions.
Self-defense is a primary reason for individuals to keep arms, including protecting oneself, family, and property from immediate threats. The Somali Constitution should unconditionally protect the right to keep and bear arms, interpreted as a safeguard against government overreach and tyranny, empowering citizens to resist oppressive regimes.
Firearms ownership also supports survival activities like hunting and serves as a source of income through private guard services and bodyguarding for high-ranking civilians. In traditional, Somali society, particularly in rural and historically nomadic communities, firearms ownership is deeply ingrained in cultural practices symbolizing self-reliance, independence, and heritage.
While the legal affirmation of the right to keep and bear arms under Somali civil rights is unforeseen in the constitution, historical protection under common laws persists. However, the national government must establish regulations governing the purchase, ownership, and use of firearms, including background checks, waiting periods, and restrictions on specific firearms.
Alongside the right to keep arms, Somali citizens bear responsibilities such as safe firearm usage, compliance with laws, and respecting others’ rights and safety. This right is considered a fundamental civil liberty akin to freedom of speech or religion, crucial for maintaining a balance of power between citizens and the government.
Recently, it was unfortunate that the leaders of the Somali national government have disregarded the legitimacy of the inalienable right to possess and bear small arms, opting instead to prohibit the sale, import, manufacture, possession, and trading of arms. The Somali government faces significant challenges as it struggles to ensure the safety of its citizens against catastrophic raids by radical insurgents. Moreover, it lacks control over vast areas held by extremist groups and extensive rural regions across the countryside.
This rightful freedom to use small arms balances power dynamics between citizens and the government, supporters of opposing parties, national and state governments, rural and urban residents, independent politicians and leaders, local legal frameworks and international laws, conservatives and liberals, as well as religious, state, and traditional coexistence. The Somali government should consider legalizing local small arms usage while imposing an embargo on illegal arms imports aimed at antigovernment elements in Somalia.
The Somali national government’s recent prohibition on the sale, import, manufacture, possession, and trade of firearms has disregarded this legitimate right, despite its inability to guarantee citizen safety amidst threats from radical insurgents, gangs, pirates, and oppressive local governments. Disarmament in such volatile conditions is impractical, highlighting the need for reconsideration and a nuanced approach that allows lawful firearm possession by citizens to defend their lives and beliefs.
There is no feasible way for people to remain disarmed while facing threats from terrorists, and uncooperative, oppressive local governments that fail to provide essential services. It would be prudent for the Somali government to carefully reconsider before hastily prohibiting the use of arms beyond those used by the military, police, and law enforcement agencies. The correct decision lies in recognizing the citizens’ right to possess and bear arms to safeguard their communities and protect against threats to their lives and beliefs.
Dr. Said Mohamud (Sacim)
Chair of the Somali People’s Democratic Party
Email: Saciidciise258@aol.com
