Following the final collapse of the Somali State and the devastating Civil War, Somali people spent huge efforts and resources to revive the failed state of Somalia. Numerous peace and reconciliation conferences took Somalis to multiple foreign countries and capitals. These included all the capitals of the Horn of Africa and some Arab and European ones. That was in search of the 2nd Somali Republic, some say 3rd Republic considering the Military Regime from 1969-1991 as a republic.
What kind of constitution and governance in Somalia has been an ongoing debate ever since? In the process of national peace and reconciliation process, two issues stood out:
- Distribution of delegations to the constitutional conference based on clan.
- Adopting a constitution that reflects the reality on the ground in Somalia.
Hence, the temporary formulation of the 4.5 Clan Power-sharing Formula, invented by the defunct National Salvation Council (NSC) known as the Sodare Group, was later applied in the Arta (Carta) Conference in 2000, and continued to be used in the Mbagathi National Constitutional Conference.
The Federal Transitional Charter, which led to the current Provisional Federal Constitution, took two years to develop (2002-2004). This document disappointed the Somali people as successive Somali leaders at the highest levels failed to implement it. This has created confusion and despair among ordinary Somalis.
Fledgling successive Somali administrations had leaders who were known to be anti-constitutionalists/anti-federalists. Federal presidents showed anti-federalist behavior and actions that led to constitutional crises, political gridlocks, and disenchantments of the Federal Member States. Somali people have been disillusioned and disappointed with the system of governance as federalism was to blame for the chaos and public disapproval. Anti-federalist forces took advantage of public grievances.
What is alarming is the gross violations of the Provisional Constitution – Federal Presidents unconstitutionally taking over all powers of three branches of the government, especially Mohamed Abdullahi Farmajo and Hassan Sheikh Mohamud, the current president. Immediately upon election in 2022, Mr Mohamud had embarked on unilateral tampering with the constitution on his wimps and wishes, violations still ongoing to this date close to the end of his term in office. The Federal Parliament with its lower and higher houses was entrusted to prevent these abuses of power by the executive branch. Unfortunately, one cannot expect such checks and balances from a corrupt rubber-stamped legislative assembly.
President Hassan Sheikh Mohamud shall fail as others did before him because of the same malpractices.
Warsame Policy & Media Network (WAPMEN) 