By Isse Dhoolawaa
My understanding was that President Deni did not sign document/s that were contrary to article 54 (the 4 powers) of the Federal Provisional Constitution or Article 4 of the PL Constitution. If any, documents signed by Deni and the administration before him are ad-hoc agreements allowing the process of governing the country to continue while completing the Provisional Federal Constitution. And that is/ was the wrong thing to do or to go about.
The Federal Government has been utilising its own centralist policies by grabbing and assuming State powers, particularly during HSM and Farmaajo’s period. Both men disregarded Articles 54 and 142 of the Federal Provisional Constitution. Article 54 limits the Federal powers to 4 only. While Article 142 allows the FMS, existing before the establishment of the Federal Provisional Constitution, to adhere and use thier own existing constitutions as well. That means the Federal Provisional Constitution recognises powers within the FMS of Puntland and Gulmudug. These two States had transferred these 4 powers while retaining the rest of their state powers. Remember, in June 2012, there were two FMS only, namely Puntland and Gulmudug.
As I have mentioned above mistakes were made by Deni and Gaas. They signed documents that are contrary to Puntland’s Constitution and Federal Provisional Constitution. At least they should’ve legal expertise and advisers, particularly during the discussion drafting agreements or finalising the document. Nevertheless, their failure doesn’t make the signed documents legal.
For Gaas, one very important document concerns natural resources, particularly fishing, oil and gas sectors. These two agreements were not submitted to the Puntland Parliament for ratification. In addition, oil and gas documents have articles stating co-operation and co-governance on the sectors. In other words, the laws would be drafted jointly. Under these articles the sectors would be managed and governed jointly by FMS and the Federal Governments. Neither the States nor the Federal Government have sole power over these sectors. But Farmaajo Administration drafted Petroleum Law without the consent and the support of the PL Government. In fact, PL Government made it very clear the illegality of the process and its final product, the Petroleum Law.
Thus, both agreements undermine Articles 54 and 4 of PL’s Constitution, the Article 54 of the Federal Provisional Constitution and the Oil and Gas Sector Management Agreement.
Hassan Sheekh Maxamud doesn’t care about the Somalia’s Provisional Constitution nor what Puntland thinks. He wants to govern the country the way he wants. It is his way or the highway for PL. That is why people like me have called for confederal political system for Somalia.
Deni needs to talk about this regularly and continuously. Politics is about expressing your views with certainty and determination.
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