Courts, Clans and Companies: Mobile Money and Dispute Resolution in Somaliland

Stremlau, Nicole; Osman, Ridwan

doi:10.5334/sta.gh

Cited by 10 publications

(7 citation statements)

References 12 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…For instance, Cockayne and Shetret (2012) pointed out that remittances in Somalia capitalized trust for smooth functioning. This reinforces the claim that terrorist groups can use trust-based systems, making the money service business a double-edged sword, and thereby leads the regulators' impression of industry vulnerability to illegal activities (Johnston, 2005;Stremlau and Osman, 2015). The current complexity is that telecommunication companies in Somalia independently built an integrated system of telecommunication, remittance, mobile money and banking services, all on customers' cell phones.…”

Section: Introductionmentioning

confidence: 60%

A critical analysis of Somalia’s current antimoney laundering and counter financing of terrorism regime: a comparative study with Malaysia

Hersi

2023

JMLC

View full text Add to dashboard Cite

Purpose Concerns on money laundering (ML) and terrorist financing increased, as ML accounted 2%–5% of the global GDP, with Switzerland, the USA, Canada, India and Russia having high laundering rates. Banks were fined over US$320bn in 2008, but money laundering still accounted for 3.6% of global GDP in 2009, thereby indicating the need for effective regimes. Therefore, this study aims to critically analyze the antimoney laundering (AML)/CFT regime of Somalia, identify loopholes in the regime, raise awareness and propose recommendations for regime improvement. Design/methodology/approach The qualitative research approach is used to compare Somalia’s AML/CFT regime with the corresponding regime of Malaysia through the black letter method combined with document analysis. Malaysia is selected as a benchmark for two reasons: firstly, it is an Islamic country like Somalia, and secondly, Malaysia has complied with integrity-related standards. Findings This study revealed that an impactful AML/CTF regime is reached by closing loopholes in the law, reevaluating and improving regulatory agencies and measures, facilitating formal financial services and collaborating with regional and international standard setters. According to the results, Somalia AML/CFT regime is counterproductive in criminalizing offenses; regulating digital currencies and mobile money, disclosures and nonfinancial business and provisions; and governing training requirements for regulatory agencies and financial institutions. Originality/value To the best of the author’s knowledge, this paper is the first of its kind in the study of Somalia’s regime building. Also, this study incorporates rich scholarly discourse on effective regime building.

show abstract

Section: Introductionmentioning

confidence: 60%

A critical analysis of Somalia’s current antimoney laundering and counter financing of terrorism regime: a comparative study with Malaysia

Hersi

2023

JMLC

View full text Add to dashboard Cite

show abstract

“…Furthermore, as a form of a pact between clans, xeer law inevitably empowers certain clans (including those that are larger, wealthier and more politically influential), while marginalising others. Despite these imbalances and however variable it is, xeer law has had a continued role in regulating the media sector and different principles are drawn upon depending on the nature of the dispute (Stremlau and Osman 2015).…”

Section: Customary Mechanisms For Regulating Speech During Conflictmentioning

confidence: 99%

Transforming Media and Conflict Research

Stremlau¹

2020

Theorising Media and Conflict

View full text Add to dashboard Cite

“…Customary law, or xeer law, Sharia law, and in some cases the formal court system, are used to address various freedom of expression issues, from defamation cases to protecting media and communications infrastructure. 43 Human rights indicators and indexes that evaluate legal environments typically overlook the role of such legal systems, focusing instead on national legislation and the role of courts. But in a region where the government has little authority and courts barely function, customary law assumes greater importance.…”

Section: The Scope Of Indicatorsmentioning

confidence: 99%

Developing bottom-up indicators for human rights

Stremlau

2019

The International Journal of Human Rights

View full text Add to dashboard Cite

There is a growing effort to quantify and track trends in human rights. The reliance on large, international indicators, including global indexes and national human rights report cards, is increasing as part of international development assistance and human rights monitoring. This article explores the limitations of mainstream human rights indicators, particularly in the developing world, arguing that many of these approaches overlook local realities. An alternative strategy for designing bottom-up human rights indicators is offered drawing on the experience of constructing the Uhakiki Human Rights Index in Tanzania. The challenges of developing an appropriate and feasible methodology in complex environments is discussed, particularly given that with bottom-up indicators, what works in one situation might not necessarily be transferrable to another context.

show abstract

Courts, Clans and Companies: Mobile Money and Dispute Resolution in Somaliland

Cited by 10 publications

References 12 publications

A critical analysis of Somalia’s current antimoney laundering and counter financing of terrorism regime: a comparative study with Malaysia

A critical analysis of Somalia’s current antimoney laundering and counter financing of terrorism regime: a comparative study with Malaysia

Transforming Media and Conflict Research

Developing bottom-up indicators for human rights

Contact Info

Product

Resources

About