Tag: confederalism

White Paper: Exploring Asymmetrical Federalism and Confederalism in the Somali Context

Executive Summary
Somalia’s governance crisis demands innovative solutions. This paper evaluates asymmetrical federalism alongside a confederal system as potential pathways to address constitutional violations, federal-state discord, and security threats. While a confederal model prioritizes maximal decentralization, asymmetrical federalism offers a middle ground, granting tailored autonomy to regions like Somaliland, Puntland, and Jubaland while preserving a unified state. Both models present opportunities and risks, requiring careful calibration to Somalia’s complex realities.

1. Alternative Model: Asymmetrical Federalism

Definition:
Asymmetrical federalism allows for variable autonomy among member states, recognizing historical, cultural, or political differences. Unlike classical federalism (uniform powers) or confederalism (state supremacy), it enables negotiated, region-specific arrangements under a shared constitutional framework.

Examples:

  • Canada: Quebec has distinct language and civil law privileges.
  • Spain: Catalonia and the Basque Country enjoy fiscal and linguistic autonomy.
  • India: Jammu and Kashmir (pre-2019) and Northeastern states had special status.

1.1 Key Features

  • Flexible Power-Sharing: Core federal functions (defense, currency) remain centralized, while states negotiate additional powers (e.g., policing, resource management).
  • Constitutional Recognition: Legally enshrined differences (e.g., Somaliland’s unique status).
  • Equity Mechanisms: Redistributive policies to prevent disparities between stronger and weaker states.

2. Comparative Analysis: Federal vs. Confederal vs. Asymmetrical Federalism

AspectFederal SystemConfederal SystemAsymmetrical Federalism
SovereigntySharedRetained by statesShared, with variable autonomy
Power DistributionUniform regional powersFully decentralizedTailored to state needs
Conflict ResolutionConstitutional courtsConsensus-basedHybrid (courts + negotiation)
SecurityCentralized commandState-ledMixed (central oversight + local operations)

3. Opportunities of Asymmetrical Federalism for Somalia

3.1 Addressing Somaliland’s Secessionist Ambitions

  • Grant Somaliland constitutionally recognized autonomy (e.g., control over security, customs, and education) while retaining symbolic ties to Somalia (e.g., flag, international representation).
  • Example: Greenland’s self-rule within Denmark.

3.2 Resolving FG-FMS Deadlocks

  • Allow Puntland and Jubaland to negotiate enhanced powers (e.g., oil revenue sharing, local policing) without dismantling federal institutions.

3.3 Mitigating Fragmentation Risks

  • Maintain a unified military and foreign policy to counter Al-Shabaab/ISIS, while permitting states to manage local security operations.

3.4 Electoral Flexibility

  • Adopt region-specific electoral models (e.g., Somaliland’s hybrid clan-system elections) under federal oversight to break national deadlocks.

4. Challenges of Asymmetrical Federalism

4.1 Complexity in Governance

  • Negotiating and managing diverse agreements risks bureaucratic inefficiency and legal contradictions.

4.2 Inter-State Resentment

  • States with fewer privileges (e.g., Hirshabelle, Galmudug) may reject perceived inequities, fueling new conflicts.

4.3 Constitutional Legitimacy

  • Requires broad consensus to amend the PFC, which Mogadishu and distrustful FMS may resist.

4.4 External Exploitation

  • Adversaries like Al-Shabab could exploit governance disparities to destabilize weaker regions.

5. Recommendations

  1. Constitutional Convention:
    • Draft a new charter recognizing asymmetrical autonomy for Somaliland, Puntland, and Jubaland, while ensuring baseline federal protections for all states.
  2. Tiered Security Framework:
    • Centralize national defense and intelligence under the FG, while delegating counterterrorism operations to capable states (e.g., Puntland’s Darawish forces).
  3. Asymmetrical Resource-Sharing:
    • Let resource-rich states retain a higher share of revenues (e.g., Jubaland’s ports) but mandate contributions to a national cohesion fund.
  4. Phased Implementation:
    • Pilot asymmetrical agreements in Puntland and Somaliland with AU/UN mediation before nationwide rollout.
  5. Strengthen Federal Institutions:
    • Build impartial mechanisms (e.g., intergovernmental councils, courts) to resolve asymmetrical disputes.

6. Conclusion

Neither confederalism nor asymmetrical federalism alone can resolve Somalia’s crises. However, asymmetrical federalism offers a pragmatic compromise: it acknowledges Somalia’s diversity without abandoning unity. To succeed, it must be paired with guarantees of equity, robust conflict-resolution systems, and international support. Conversely, a confederal system risks institutionalizing fragmentation but could appeal if distrust in Mogadishu becomes irreparable. Somalia’s leaders must weigh these models against the catastrophic costs of inaction.

Endorsed by Warsame Digital Media
Date: March 11, 2025

This white paper underscores the urgency of reimagining Somalia’s governance. Whether through confederalism or asymmetrical federalism, the goal remains: a stable, inclusive Somalia capable of defeating extremism and fulfilling its people’s aspirations.

CONFEDERAL SYSTEM IS NOT NEW TO SOMALIA, BUT SOLIDLY BUILT INTO ITS TRIBAL FABRIC


Terms or names like Hawiye, Digil, Mirifle, Raxanweyn, Isaak, JareerWeyn, Dir, and even the country’s name Somalia, have no common ancestral relations as individual groups. Each of these names are political and social constructs for reasons beyond the scope of this short article. Paradoxically, these confederal tribes are now resisting to apply the term to the collective name of “Somalia”. Whom are they kidding?

Now, two junior researchers from ill-gotten and privately misappropriated SIMAD College in Mogadishu, illegally acquired, owned and operated by former Somali President Hassan Sheikh Mohamud, AbdiNor Dahir and Ali Yassin Sheikh Ali, have just used their first professional work to denounce federalism as inapplicable to Somali governance, fraudulently disregarding the fact that Somalia is a confederation of tribes, and thus ignoring this fundamental truth in Somali governance that lie in the state failure and entire predicament of Somalia as a country and nation-state.
These junior researchers from SIMAD even dared to call Puntland and Somaliland as children born out-of-wedlock in the federation in the sense that they were established before Galmudugh and Hirshabelle Federal Member States. AbdiNoor Dahir and Ali Yasin Sheikh Ali, in a pseudo-research paper called Federalism in Post-Conflict Somalia, have come up with half-truths: https://doi.org/10.1080/13597566.2021.1998005

Nowadays, since most Hawiye scholars try not to come out openly against federalism due to the fact that it was enshrined in the Provisional Federal Constitution, and that their Hawiye constituencies are now parts of the federation, they find the term “Decentralisation” fashionable as way of resisting federalism, confederalism or anything outside “city-state”.

WHY I AM OPTIMISTIC ABOUT SOMALIA FUTURE

By Ismail Warsame
Opinion Columnist

At last, Somalis got it right. From time immemorial they existed in communities and clans enjoying autonomous entities and freedoms that even colonial power had no recourse to dominate them. Among them, no one clan had the power to subjugate others in the neighborhood. Unlike other nations, there was no feudalism, slavery or landlordism here. They were equal partners in their respective localities. They were engaged in peaceful negotiations on issues of common interests and deviced laws that govern their behavior and invented code of conduct (Xeer.) They never tolerated tyranny in their midst. They were born free and loved their ways of life. That was natural confederalism in its primitive form.

They lost that freedom briefly under military dictatorship. They rose up against that repressive regime, causing a lot of damage as a result of their uprising against an imposition by foreign influence and ideology. Thus, at great cost, they were able to restore their lost freedoms, returning to their natural system of self-government as free people occupying the most strategic real estate in the Horn of Africa, if not in the world. They have been protecting their ocean and sea for centuries against all powerful nations and historical empires of the world. Think about it.

Federalism, or rather confederalism, has been always their system in maintaining self-reliance and Allah-given liberty and freedom of expression symbolized by unmatched prowess of poetry. Now they have reached a point of no return in their movement towards advanced confederalism, federalism. Don’t try to stand in their way.

https://amazon.com/author/ismailwarsame