White Paper: Overcoming Political and Constitutional Gridlock in Somalia

Proposing a Path to Inclusive Governance, Accountability, and Federal Equity

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1. Context and Background

The Provisional Federal Constitution (PFC) of 2012 remains unimplemented in critical areas, enabling abuses of power. President Hassan Sheikh Mohamud’s administration has been accused of:

• Unilateral Decision-Making: Bypassing federal member states, using rubber-stamped compromised Parliament on constitutional amendments, security, resource management, and foreign policy.
• Constitutional Violations: Ignoring mandates for power-sharing and parliamentary oversight.
• Corruption and Illicit Sales: Auctioning public lands and properties in Mogadishu without legislative scrutiny.
• Secret Foreign Contracts: Signing international agreements (e.g., port/energy deals) without due process or ratification.
• Marginalization of Federal States: Excluding Puntland and others from key decisions, deepening distrust in federalism.
• Absentee Leadership: Prioritizing non-stop overseas travels over domestic governance, delaying critical problem-solving (e.g., drought response, federal-state mediation, and security reforms).

These actions have fueled grievances, destabilized state-building efforts, and risk fracturing Somalia’s fragile federal compact.

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2. Root Causes of the Crisis

A. Erosion of Constitutional Governance

• Unilateral Executive Actions: Repeated disregard for the PFC’s federalism principles (Articles 43–54) and parliamentary ratification requirements (Article 71).
• Opaque Resource Management: Illegal sale of public assets in Mogadishu for private gain, bypassing federal and state oversight.

B. Systemic Corruption

• Elite Capture: Collusion between officials and private actors to exploit public lands and revenues.
• Lack of Accountability: Weak anti-corruption institutions and judicial complicity.

C. Exclusionary Federalism

• Centralization of Power: Marginalization of Puntland, Jubaland, and others in security, revenue-sharing, and foreign engagements.
• Asymmetric Federalism: Ad hoc negotiations favoring Mogadishu over member states.

D. Unchecked Foreign Engagement

• Secret Deals: Signing agreements (e.g., with Turkey, UAE) on ports, fisheries, and military bases without parliamentary or state-level input.

E. Absentee Leadership

• Neglect of Domestic Mandate: Excessive overseas travel undermines hands-on governance, exacerbating crises (e.g., delayed famine response, stalled federal-state talks).
• Power Vacuum: Frequent absences enable unaccountable decision-making by unelected officials.

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3. Recommendations for Breaking the Gridlock

A. Restore Constitutional Order

1. Immediate Compliance with the PFC:
   • Suspend all unilateral executive decisions until reviewed by Parliament and member states.
   • Establish a Constitutional Court to adjudicate violations (e.g., illicit land sales, unauthorized foreign agreements).
2. Finalize the Constitution:
   • Clarify federal-state resource-sharing (Article 44) and require parliamentary ratification for international treaties (Article 71).

B. Combat Corruption and Illicit Sales

1. Independent Anti-Corruption Commission:
   • Investigate and annul fraudulent land/asset sales in Mogadishu; reclaim public properties.
   • Prosecute officials and private actors involved in graft.
2. Transparent Asset Management:
   • Digitize land registries and mandate public auctions under parliamentary oversight.

C. Ensure Transparent Foreign Engagement

1. Parliamentary Ratification of Contracts:
   • Nullify existing secret agreements (e.g., Turkey’s 2024 port deal) until reviewed and approved by Parliament.
   • Publish all future foreign contracts for public scrutiny.
2. Federal-State Consultation:
   • Require consent from affected member states for region-specific agreements (e.g., hydrocarbon exploration in Puntland).

D. Address Marginalization of Federal States

1. Federal-State Council:
   • Create a permanent body (50% federal, 50% member states) to co-manage security, resources, and foreign policy.
2. Equitable Revenue-Sharing:
   • Adopt a formula allocating Mogadishu port revenues to member states, per Puntland’s demands.
3. Reconciliation Conferences:
   • Mediate disputes between Mogadishu and Puntland through IGAD-facilitated dialogues.

E. Strengthen Institutional Checks

1. Parliamentary Oversight Committees:
   • Investigate executive misconduct (e.g., unauthorized deals, asset sales).
2. Judicial Reforms:
   • Appoint judges through a federal-state consensus process to curb bias.

F. Curb Absentee Leadership and Prioritize Domestic Governance

1. Travel Restrictions for Senior Officials:
   • Cap overseas travel for the president and ministers at 30 days annually unless approved by Parliament for national interest.
   • Require public reporting of travel costs and outcomes.
2. Deputy Leadership Protocol:
   • Designate the prime minister to lead daily governance per PFC during presidential absences.
3. Domestic Crisis Response Fund:
   • Redirect travel budgets to emergency programs (e.g., drought relief, clan mediation).

G. International Accountability

1. Conditional Aid and Debt Relief:
   • Link IMF/WB support to progress on anti-corruption, federal inclusion, and domestic governance benchmarks.
2. UN Monitoring:
   • Deploy experts to audit public asset sales, foreign contracts, and presidential travel expenditures.

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4. Conclusion

Somalia’s survival as a functional state hinges on ending impunity, decentralizing power, and prioritizing national consensus over elite interests. President Hassan Sheikh Mohamud must refocus on his constitutional mandate to govern—not grandstand abroad—while institutions must enforce accountability. By anchoring governance in the rule of law, equitable federalism, and transparency, Somalia can break its cycle of crises. The international community must uphold accountability, but Somalis themselves must lead this transformative effort.

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Endorsed by WDM
Date: April 3, 2024

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This framework tackles Somalia’s specific challenges head-on, offering actionable steps to resolve corruption, unilateralism, federal marginalization, and absentee leadership while restoring constitutional legitimacy.