Tag: federalism

White Paper: Overcoming Political and Constitutional Gridlock in Somalia

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

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.

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.

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.

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.

Endorsed by WDM
Date: April 3, 2024

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.

HOW TO RESOLVE POLITICAL FRICTION BETWEEN THE FEDERAL GOVERNMENT OF SOMALIA AND PUNTLAND STATE

Resolving the political friction between the Federal Government of Somalia (FGS) and Puntland State requires addressing deep-seated grievances over power-sharing, resource allocation, and constitutional interpretation, while fostering trust and institutionalizing cooperative governance. Below is a structured approach informed by Somalia’s political dynamics, federalism challenges, and lessons from similar conflicts:

1. Address Core Grievances

  • Constitutional Clarity:
    • Finalize and ratify Somalia’s provisional constitution to clarify federal-state powers, including:
      • Revenue Sharing: Establish transparent mechanisms for distributing resources (e.g., port revenues, fisheries, oil/gas).
      • Security Arrangements: Define roles for federal and state forces in combating terrorism (e.g., Al-Shabab, ISIS) and managing local militias.
    • Ensure Puntland’s concerns about overcentralization are addressed, balancing autonomy with national unity.
  • Resource Management:
    • Create joint committees to oversee natural resource exploration and revenue-sharing agreements (e.g., Puntland’s oil blocks).
    • Adopt models like Nigeria’s derivation principle, where states retain a percentage of locally generated resources.

2. Institutionalize Dialogue Mechanisms

  • National Reconciliation Framework:
    • Revive platforms like the National Consultative Council (NCC), ensuring Puntland’s equal participation alongside other federal member states.
    • Involve traditional elders (Guurti), civil society, and religious leaders to mediate disputes and legitimize agreements.
  • Third-Party Mediation:
    • Engage neutral actors (e.g., IGAD, AU, or Qatar/Turkey as trusted partners) to broker talks and guarantee implementation of deals.

3. Build Trust Through Incremental Steps

  • Confidence-Building Measures:
    • Jointly manage critical infrastructure (e.g., Bosaso Port) to demonstrate shared benefits.
    • Cooperate on security operations against Al-Shabab/ISIS in contested areas (e.g., Galgala mountains).
  • Symbolic Gestures:
    • Publicly acknowledge Puntland’s historical role in stabilizing Somalia and its contributions to counterterrorism.
    • Avoid inflammatory rhetoric; instead, emphasize shared Somali identity in official communications.

4. Learn from Past Failures and Successes

  • Avoid Past Mistakes:
    • The 2016 Mogadishu Declaration failed due to lack of implementation. Future agreements must include timelines, monitoring mechanisms, and penalties for non-compliance.
  • Emulate Positive Models:
    • Borrow from Ethiopia’s ethnic federalism (though imperfect) to balance regional autonomy with federal oversight.
    • Study the Puntland-Somaliland dialogue (e.g., 2014 Tukaraq ceasefire) for lessons on conflict de-escalation.

5. Strengthen Federalism Through Equity

  • Equitable Representation:
    • Ensure Puntland holds influential positions in federal institutions (e.g., Parliament, Cabinet, Supreme Court).
  • Development Parity:
    • Direct international aid (e.g., World Bank, EU) to Puntland’s infrastructure and services to reduce perceptions of marginalization.

6. Mitigate External Interference

  • Regional Actors:
    • Counteract divisive roles played by Gulf states (e.g., UAE vs. Qatar rivalries influencing Somali federalism).
  • Donor Coordination:
    • Unify international partners (UN, U.S., EU) behind a coherent strategy supporting Somali-led solutions, not competing agendas.

7. Prepare for Political Transitions

  • Electoral Reforms:
    • Ensure Puntland’s buy-in to Somalia’s electoral model (e.g., one-person-one-vote vs. clan-based systems) to prevent boycotts.
  • Leadership Engagement:
    • Foster personal rapport between FGS and Puntland leaders (e.g., President Hassan Sheikh Mohamud and Puntland’s Said Abdullahi Deni).

Challenges and Risks

  • Spoilers: Hardliners in Mogadishu or Garowe may sabotage deals to retain power.
  • Resource Curse: Oil/gas discoveries could exacerbate tensions if not managed transparently.
  • Security Vacuum: Stalemates risk ceding territory to ISIS/Al-Shabab, as seen in Galmudug and Bari regions.

Conclusion

The FGS-Puntland rift reflects broader struggles to reconcile Somali nationalism with federal autonomy. A sustainable solution requires constitutional finality, equitable resource governance, and inclusive dialogue backed by enforceable agreements. International partners should support Somali-owned processes without imposing external models. While compromise will be difficult, incremental progress—such as joint security operations or revenue-sharing pilots—can rebuild trust and demonstrate the benefits of cooperation over confrontation. Ultimately, Somalia’s stability depends on balancing the aspirations of its federal states with the imperative of a united, functional central government.

Talo Soo Jeedin

July 12, 2023,

Mudanayaal iyo Marwooyin,  

Waxaan idnku salaamayaa salaanta islaamka – As Salaamu Caleykum Waraxmatullahi Wa barakaatuhu.

Madaxweynaha Dowladda Federaalka Soomaaliya,          

Mudane Xasan Sheekh Maxamuud iyo madaxdii hore ee qaranka iyo siyaanyiinta kale ee madashaan ku sugan.

Ujeeddo:  Talo soo jeedin ku aaddan go’aannada Golaha Wadatahsiga Qaran (GWQ) ay soo jeediyeen in wax laga beddelo hannaanka siyaaasadda dalka.   

Mudane Madaxweyne, waxaan kaaga mahad-celinaynaa soo dhowaynta iyo fursadda aad inoo siisay in aan talo ku biirinno go’aandii ka soo baxay  Golaha Wadatashiga Qaran (GWQ) ee lagu qabtay magaalada Muqdisho bisha May 27keeda, sannadka 2023.  

Waxaa ka muuqday go’aanada in aan la tixgelin muhiimadda dastuurku leeyahay iyo qaab sharciyeedka wax looga beddeli karo qodobada dastuurka oo ah in guddi heer qaran ah soo dhammays-tiro dastuurka qabyo-qoraalka ah lagana dodo wax ka beddelkiisa si looga heshiiyo.  

Waxaan aaminsannahay in GWQ uusan sharci u haysan wax ka bedelidda dastuurka. Waxaanna welwel ka qabnaa in qaab aan dastuuri ahayn` arrimahaas lagu furdaamiyo ayna dib u dhac u keento geeddisocodka dowladnimada Soomaaliyeed.  

Waxaa is xasuusin mudan in dowlad-goboleedka Puntland oo muhiim ka ah geedisocodka dib-u-dhiska dalka aan laga tixgelin arrimahaan masiiriga ah si loo ilaaliyo midnimada iyo wadajirka dalka.  

Marka waxaan hadda mid mid u dul istaagayaa qodobada dastuuriga ah ee la soo jeediyey in isbeddel lagu sameeyo:

Qodobka 1aad:  

Golaha Wadatashiga Qaran wuxuu soo jeediyay in dalku aado dooorasho qof iyo cod ah. Qodobkani waa mid Soomaali oo dhan ay wada sugaysay oo dalka u horseedaya in bulshada Soomaaliyeed ay dib u soo ceshato awooddeeda dastuuriga ah oo ay si xornimo leh ku soo doortaan madaxdooda heer qaran, hoggaankooda heer dowlad-goboleed iyo heer goleyaal deegaanba.

Talo #1. Qodobkaan waa soo dhowaynaynaa mabda’iyan maxaa yeelay qodobkani wuxuu ka mid yahay waxyaabaha ay hiigsadaan ummadda Soomaaliyeed in muddo ahna ku taamayeen. Hase ahaatee waxaa muhiim ah in laga heshiiyo arrimaha hoos ku xusan oo  gogol-xaarka u noqon kara in dalka doorasho qof iyo cod ah si xasilooni ahna ku dhacda, dadkuna ay raalli ka yihiin laga hirgeliyo.  

  1. Sugidda amniga dalka oo dhan iyo goobaha ay doorashadu ka dhacayso si aan cadwga uga faa’ideeysan.  
  2. Sharciga doorashooyinka oo u baahan in la diyaariyo ka hor inta aan doorashada dhicin si looga baaraan-dego khilaafaadka imaan kara xilliga doorashada iyo xallintooda.
  3. In la dhameeystiro sharciga qofka muwaadinka

(citizentship law) lagana heshiiyo qabyotirkiisa.

  1. In la dhammaystiro sharciga axsaabta (xisbiyada badan) si waafaqsan dastuurka dalka.
  2. In laga heshiiyo cidda wax dooran karta oo xaq u leh in ay soo xaadirto maalinta iyo goobta doorashada sida:  
    1. Shacabka Soomaliyeed ee gobollada waqooyi.
    1. Dadka barakacayaasha ku ah dalka gudahiisa iyo \ kuwa qaxootiga ku ah dalka dibaddiisa.
    1. Soomaalida dalka dibaddiisa ku nool.
    1. Soomaalida deggan xuduudaha dalka oo laba dal ka wada tirsan, iwm.

Nidaamka Doorashada

Barnaamijka doorashada laba qodob oo muhiim ah ayaan talo ka soo jeedineenaa:

  1. Guddiga doorashada heer qaran ma iskuma meteli karo doorashada heer qaran iyo midda dowlad-goboleedyada. Marka waa in dowladgoboleed walba yeelataa guddi doorasho oo u gaar ah si loo adkeeyo doorashada Dowlad-goboleedyada.
  2. Siyaadda dalka waxay ku dhisan tahay dheelitir beeleed oo ah 4.5, loomana boodi karo durba nidaam kale oo bulshadu aysan raali ka noqoneyn
    1. Doorashada meteladda isu-dheelitan (Proportianal representation) ee liiska xiran (closed list) iyo hal deeegaan doorasho waa in la waafajiyaa qaabka kuraasta beelaha ay maanta u qeybsadaan oo aan laga gudbin qeybhaas iyadoo aan shacabku ku heshiin ama aan la qaadin tirokoob dadweyne. Waxaan ogsoon nahay in jufooyinka beelaha Soomaaliyeed aysan maanta diyaar u ahayn in ay waayaan xubnaha oo ay hadda ay ku leeyihiin labada aqal ee barlamanka.
    1. Walow in laga gudbo 4.5 ay muhiim tahay, haddana waa in shacabka iyo oday dhaqameedyada Soomaaliyeed laga dhaadhiciyaa meesha loo socdo oo ay iyagoo raali ah la aado. Dhismaha dowladnimo waqti dheer buu qaataa, oo lama dedejin karo iyadoo aan ahayn wadar oggol.  
    1. Doorashada liistada xiran ma xaqiijin karto metelaad beeleed ama mid deegaan.
    1. Metelaadda murashaxiinta golaha shacabka waa in ay ku dsaleeysan yihii dad iyo deegaan.  

Qodobka 2aad:  

Golaha Wadatashiga Qaran wuxuu soo jeediyey in dalka ka guuro nidaamka Baarlamaaniga ah oo uu aado nidaam madaxweyne (Presidential System).

Waxaa xusid mudan in Soomaaliya ay ka soo kabaneeyso dagaalo sokeeye iyo dowlad-xumo baahsan oo lga dhaxlay 30kii sano ee la soo dhaafay. Dowladnimada maanta aan haysanno waxay ku timid dadaal dheeri ah iyo kulamo siyaasadeed oo dalka dibaddiisa lagu qabtay oo keenay in la galo heshiis buslhadeed maadaama bulshadu kala irdhowday muddadii dagaalada sokeeye iyo in ay dadku dib isugu soo laabtaan oo dowlad wada sameeystaan iyagoo aan weli kala shaki bixin. Waxay isla garteen in dowlad federaali ah la dhiso oo ku salaysan nidaamka Barlamaaniga ah iyagoo ka fogaanaya in nidaamkii madaxweynenimo ee dalka burburka u horseeday uusan dib u soo laaban. Waxay isla garteen annagana nala quman in nidaamka Baarlamaaniga uu yahay:

  1. Nidaam dowladeed oo dheellitiran oo leh hay’ado is kabaya.
  2. Wuxuu leeyahay awood qaybsi Soomaalidu heshiis ku tahay.
  3. Wuxuu fudueeyaa isla-xisaabtan xukuumadda iyo Baarlamaanka.
  4. Wuxuu leeyahay waajibaadyo iyo masuuliyado qeexan oo kala baxsan haddii si dhab ah loo raaco dastuurka.  

Golaha Wadatashiga Qaran wuxuu soo jeediyay in dalku qaato nidaam Madaxweyne iyo Madaxweyne ku-Xigeen. Sharciyan qodobkaaas wuxuu si toos ah uga hor imaanayaa Dastuurka dalka ee ku meel gaarka ah la ansixiyay bisha August 1deeda, 2012. Gaar ahaan:  

  1. Qodobada: 58, 59, 60, 69, 71, 74 & 77 ee Cutubka 6aad: Barlamaanka Federaalka JS.
  2. Qodobada; 89, 90, 91, 92, 93, 94, 95 & 96. ee Cutubka 7aad:

Madaxweeynaha JFS,

  • Qodobada; 97, 98, 99, 100, 101, 102, 103 & 104. ee Cutubka 8aad: laanta Fulinta,

Mudanayaal iyo marwwoyin

Talo #2: Ma qabno xaaladda uu dalku maanta ku jiro in nidaamka baarlamaaniga ah ee hadda noo shaqeeya la beddelo laguna beddelo nidaam madaxweyne qodobada hoos ku qoran awgood:

  1. In nidaamka baarlamaaniga ah la bedelo wuxuu u baahan yahay in dib loogu laabto heshiiska beelaha Soomaaliyeed oo ay dowladnimada dalku ku salaysan tahay.
    1. Isbeddel hadda la sameeyo wuxuu horseedayaa hoos u dhac ku yimaada awoodaha kala duwan ee hay’adaha dowliga iyo wada shaqeyntooda, awooduhuna isugu tagaan hal qof.
    1. Khilaafaadka Soomaalida dhexdeeda ka jira oo sii bata iyo in xasilooni darro ka dhalato meelo badan oo dalka ka mid ah.

Mudanayaal iyo Marwwoyin

Waxaan soo jeedinaynaa in aan nidaamka Baarlamaaniga ah ee aan haysano aan si dhab ah oo sharciga waafaqsan ugu dhaqanno oo aan helnaa Madxweyne iyo Ra’iisulwasaare tayo leh oo awoodahooda kala qeybsan yihiin, mid walbana loo daayo mas’uuliyadda dastuuriga ah ee loo igmaday.

Qodobka 3aad

Wax kabeddelka Nidaamka Xisbiyada   

Dastuurku wuxuu qorayaa in dalku yeesho axsaab badan oo ay ka soo dhex baxaan axsaab kooban marka dalku doorashada galo kadib, axsaabtaas  oo leh taageero baahsan oo dalka oo dhan ah oo ay markaa u tartamaan hoggaanka hay’adaha sare ee dalka.

Mudanyaal iyo Marwooyin  

Talo #3: Ma qabno soo jeedintii GWQ ee ahayd in xisbiyada dalka lagu soo koobo laba xisbi oo keli ah oo aan la garanayn qaabka iyaga laftooda lagu soo xulayo iyo in ay yeelan karaan metelaad dhab ah oo shacabka Soomaaliyeed ay raali ka noqon karaan.  Labada xisbi ee GWQ ku baaqeen wuxuu ka hor imaanayaa:  

  1. Qaab dhismeedka siyaasadeed ee Soomaalidu heshiiska ku tahay.
  2. Labada xisbi waxay u muuqan karaan kuwa dhan u janjeera oo shacabku u arkaan in aan labada xisbi Soomaali u dhamayn.
  3. Waxaa hadda ka diiwaan gashan dalka tiro ka badan 100 xisbi oo abaabulan. Waxaa kale oo jira deegaano badan oo dhistay axsaab siyaasadeed oo hadda ka badan 2 oo shacabkuna soo doorteen.

Waxaan ku talinaynaa in loo daayo sida dastuurka qabo nidaamka axsaabta badan laguna asteeyo sharciga doorashooyinka shuruudaha lagu noqon karo xisbi rasmi ah oo doorashada dalka ka qeybgeli kara.

Qodobka 4aad

Doorashooyinka iyo Muddada Xil-haynta Hay’adaha Qaranka

GWQ wuxuu ku baaqay qodobka 8aad, Faqradiisa (a) in doorashada dalka ee heer federaal iyo heer dowlad-goboleed ay noqoto doorasho qof iyo cod ah oo shantii sanaba hal mar ah.  

Muddadan waxay kasoo horjeedaa qodobada 60aad & 91aad ee Dastuurka dalka oo muddada Barlamaanka iyo Madaxweynaha ka dhigaya afar sano, sidoo kale qodobkaas muddo kordhinta wuxuu kasoo horjeedaa Qodobka 52/1 & 72/1 ee Dastuurka 1960kii, oo si cad u qeexaya in wax ka beddel muddo xileedka haddii la sameeyo aysan khuseeyn cidda xilka haysa markaas oo uu isbedelkaas bilaabanaayo mudda xileedka xiga.

Golaha Wadatashiga Qaran waxay ku dodayaan in la is waafajiyo mudada xilhaynta hay’adaha qaranka oo ay isla garteen in muddo sanad ah loo wada kordhiyo hay’adaha qaranka iyo dowlad-goboleedyada taasoo baalmarsan dastuurka dalka. Waxaa muhiim ah in dib loo fiiriyo qodobadaan:

  • Dastuurka dalka wuxuu qeexayaa muddo xileedyo ay hay’aduhu ku shaqeeynayaan oo aan dacwad hore uga imaan, mana muuqato sabab loo bedelo.   
  • Haddii isbeddel lagu sameeynaayo muddo-xilaydka hay’adaha dowladda waxaa muhiim noqon doonta in marka hore la dhameystiro dastuurka qabyada ah.

Talo #4. Ma qabno in muddo kordhin waqtigan lagu sameeyo hogaanka dowladda Federaalka iyo Dowlad-goboleedyada. Hadii laga baaqsan waayo, waa in loo maraa dariiq dastuuri ah marka dastuurka lasoo dhameystiro. kordhin lagu sameeyo muddo xileedka hay’adaha dalka waxay noola muuqataa in ay hirgeli karto oo keliya marka muddo xileedka dowlada soo jeedisay laga gudbo oo dowlad cusub la doorto. Dowlad muddo xileedkeeda ku guda jirta ma sameyn karto muddo kordhin iyada khuseeysa.

Qodobka 5aad  

Wax ka beddelka Dastuurka  

Dastuurka ku meel gaarka ah wuxuu qeexayaa nidaam loo maro in isbeddel lagu sameeyo qodobada dastuurka ku qeexan oo dhan. Sidaa darteed waxaa muhiim ah in hay’adaha dowladdu ay mar walba u hoggaansamaan dastuurka iyaga lagu soo doortay.

Gebo-gabo:

In kastoo golaha wadatahsiga qaran ay leeyihiin mudnaantooda, haddana waxaa nala quman in aan dastuurka la baalmarin oo loo daayo hay’adaha loo asteeyay si ay waajibaadkooda dastuuriga ah u gutaan.

Mahadsaniddiin  

Talosoojeedintan waxaa ku midaysan:  

1. Madaxweyne Shiikh Shariif Sh. Axmed

  • Guddoomiye Shariif Xassan Shiikh Aaden
  • R/W Cumar Cabdirashid Cali 
  • Sharmake 
  • R/W Cabdiweli Cali Gaas
  • R/W Xassan Cali Khayre
  • R/w xigeen Ridwan Hirsi
  • Wasiir Dr Cabdinuur Shiikh Maxamed
  • Xil Abdulqaadir Cosoble Cali
  • Dr.Cabdinasir Maxamed Cabdulle

WDM BREAKING NEWS

CONSTITUTIONAL AND POLITICAL DEADLOCK AT PRESIDENT MOHAMUD’S FACE-SAVING CONSULTATIVE CONFERENCE IN MOGADISHU


Based on the readout issued by the Consultative Conference concluded yesterday in Mogadishu by the leaders of FGS and former politicians, major issues raised and discussed there ended up in deadlock, while others have been avoided.

  1. Somaliland aggression against Laas Anood has been ignored or failed to get into the agenda altogether:
  2. One Person One Vote conducted recently in Puntland State of Somalia has been ignored, while the people of Somalia and the rest of the world applauded this milestone achievement;
  3. Most constitutional and political sticking points ended up in stating principles to continue deliberating in potential next sessions – these include elections, the constitutional structure of the Federal Government against the backdrop of recent presidential proposals to reform the Office of Prime Minister by reducing it to a mere ceremonial post attached to the presidency, and government proposal on term extensions;
  4. Attempt at Marginalization of the important political and Constitutional weight of Puntland State couldn’t fly at this face-saving gathering for President Hassan Sheikh Mohamud as expressed by the unanimous decision to reach out to the leaders of Puntland Government.
  5. By committing to continue similar consultations in the future, the National Consultative Council (NCC) between FGS and FMS is being phased out;
  6. Basically, this conference has failed to make any significant headways on thorny political and constitutional issues the leaders of FGS sought help, or rather a salvation for their own survival.
  7. Postscript. Former President Mohamed Abdullahi Farmajo and Prime Ministers Abdiweli Sheikh and Saacid Shirdoon boycotted this meeting. [This breaking news has been updated after posting.]

PROVISIONAL FEDERAL CONSTITUTION OF THE SOMALI REPUBLIC

The Provisional Federal Constitution of Somalia adopted a democratic system of government with checks and balance of power between three branches of government. Federal Government of Somalia (FGS) has three levels of governance: 1. Shared level (dawladda dhexe) 2. A Federal Member State (Dawladd-Gobolleed) or FMS. 3. Local District Council (Gole deegaan). Like any other similar federal system, the first two levels have their own separate constitutions and three branches of government. Sovereignity remains with the Central Government of the Somali Republic. The system is still evolving and needs further work in harmonizing the constitutions. Formation of FMS must satisfy the requirement of unification of two regions or more to be constitutionally legitimate. A FMS has powers expanding into regions and districts within the state.

Contrary to the behavior of the Somalia’s current President, the Executive Powers of the Government rest on the Cabinet and powers of the President and Prime Minister are clearly spelled out in the Federal Constitution. The President appoints the Prime Minister, but he cannot fire him. Only the Parliament has power to fire both the President and Prime Minister.

In summary, Somali Federal Constitution is similar to that of USA. The President of a FMS is the same as the Governor of a US state, who is elected to a fixed term in Office. Similarly, in Somalia the Federal Authorities cannot fire or appoint a FMS President, in the same way US President cannot do. Political agreements between FGS and FMS are by consensus similar to the case of Canadian Federalism. In many ways, Federal Constitution has similarities with that of UK and Northern Ireland system of government with strong devolution of power to Wales, Scotland and Northern Ireland. Economic resources and fiscal responsibilities are shared by special arrangements, agreements between Central Government and Federal Member States by consensus. Unlike ethnic federalism of Ethiopia, the central authorities in Somalia have no much sway in internal affairs of FMS.

Finally, Somali Federal Constitution came about as a de facto (not de jure), following the civil war and the re-instatement of Central Somali Government accepted that reality on the ground into the Federal Constitution. It was the only way to try to restore lost trust between warring clans.

Still, some portions of Somali people believe that a form of federalism called “Confederalism” is the best option. They say Somali clans by nature are confederal entities like Darood, Hawiye, Dir etc. What suits them most is the confederalism of Swiss type, where Cantons has most powers and an elected Prime Minister (Cabinet) has the Executive Powers of the Government, while the Presidency is a rotating ceremonial role between Cantons.

Ongoing controversy on the Somali Constitution, if not resolved soon, may lead to the breakup of Somalia. It is a dangerous crossroad for Somalia’s survival as a state. Warning. Let us act now.

[This article has been updated since posting].

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”.

Federalism, a Guarantor of Peace among Somali Clans

By Ismail Warsame

February 6, 2013

Nowadays and for while during the past two decades, Somali thinkers, writers and politicians were keenly debating on best way forward for Somalia’sgovernance and political arrangements Post-Civil War. This debate is extremelycrucial for the survival of Somalia as a country as well as a strong cohesive nation-state.

While many among debaters were and are still sincerelyl ooking for best possible governance system (s) and pros and cons of each ofthe “Menu of options”, a few of them continue to ignore the status quo (current Somalia’s political situation) dismissing it as sidetrack and unimportant clannish nuisance or refuse to acknowledge the extent ofpublic mistrust following the vicious civil war involving heinous crimes of ethnic cleansing, mass murder, forceful and illegal landing-grabbing, plunder of both public and private wealth and barbaric destruction of national heritageand state archives in Mogadishu and elsewhere.

In my humble opinion, any politician of conscience at any level of government (President, Cabinet and parliament members) whose political power base had committed such grave and gross human rights abuses, national robbery, national betrayal and treason should apologize to the nation and resign immediately. If that is not forthcoming, it would be mean that the civilwar is still technically on, and there is no guarantee that history would not repeat itself. Such politicians have no moral legitimacy to govern until they come clear and publicly accept their personal and power-base responsibilities for what happened in Somalia during the Barre regime and following the final collapse of Somalia’s central state in 1991. Somalis, please be warned. One should never entertainwith the idea to translate the recent US recognition of the current Somali Government as a victory of one faction over others in theCivil War, and again attempt to misuse state resources to try to subjugate others. That would be a futile exercise and would unfortunately hasten the disintegration of Somalia as we know it. It is the expectation of all Somalis from the world community to watch out any signs for the repetition of that sad saga.

During the past ten years we witness multiple self-proclamations of regional federal mini-states such as Makhir State,Khatumo State,Awdal State,Galgamud State, Hibin and Heeb State, Asania State,Ras Asayr Stateamong many others. With keen observation, one would realize that those self-proclamations were characteristically peaceful and surprisingly did not spark off any clan fighting with the unique exception of Khatumo, rightly resisting aggressive occupation of its territory by “Somaliland”militia. Why? This could be a case-study; of all clan wars in the country, the self-proclaimed federal mini-states brought relative peace to their respective constituencies.  In my opinion, one ofthe main reasons for such peaceful environment within for all sub-clan systemsis the fact that their constituencies see themselves as equal stake-holders inthat mini-entity (state), which acts as the accepted and shared mechanism for conflicts resolution and constitutes common interest for all. Logically and practically, one would therefore take note of this new development to expand the concept to a national level in Somalia’s long journey to restore lost trust among its people and regions.

For historical prerspective, a few months after we had established the Puntland State of Somalia in August 1998, a sub-sub-subclan among the inhabitants of coastal Indian Ocean Mudugh town of Gara’ad andsurrounding areas including the District City of Jeriiban unilaterally announced the creation of Coastal State, declaring its independence fromPuntland State, following sub-clan grievances regarding their expected share inthe newly constituted Puntland Parliament. That grievance was actually proved to be the mistake or intentional concession of their allocated Parliament seatto another sub-clan in Mudugh Region by their local traditional elder. The subclan members opposed the move by the elder. To address the issue and resolveit, a delegation led by the Late State President, Abdullahi Yusuf Ahmed and meincluded, went to the District and met with all stake-holders. One of the first questions we asked our interlocutors was: “How many sub-subclans belong to orcreated the Coastal State, and how many regions are there in the proclaimed entity?” The audience looked at each other,and surprisingly, the answer was obvious. The District belonged to the larger Mudugh Region and even most of the inhabitants of the Jeriiban District alone via their representatives did not belong to and were not party to the “Coastal State”. That was the end of the story. I believe, Coastal State was the first unviable mini-state created in Somalia.

The lesson we learned from that experience was that a statewhether it is a national or regional must enjoy the trust of all its constituencies to survive, safeguard its unity, develop and prosper in peace and harmony. Anyone aspiring to see the Somalia he or she wants or imagines must take this lesson seriously into account.

Those Somali writers debating on federalism lately almostall of them ignore the fundamental reason for the debate itself on the issueand failed to find the answers to two critical questions:

What is the main reason that has brought us here to debate on Somalia’s governance options?

How would you restore trust of the people nation-wide in a central authority when people of Somalia have not yet officially and technically ended the Civil War in the absence of comprehensive national reconciliation given what happened?

President Hassan, in athoughtful, prepared and defiant speech to the Somali Diaspora in his recentvisits to US and Belgium says openly, “ if you look back on what happenedyesterday, you lose the opportunities of today”, thus dismissing outright any possibility for accountability for crimes of mass murder, crude human rights abuses, robbery and plunder of personal and public properties. With such a vision for Somalia,forget about reconciliation and peaceful conflict resolutions!

Finally, I am aware that many Somalis would like to give thecurrent government in Mogadishu the benefit of the doubt and wish her to succeed in the best interest of the entire nation. To those I say the taste of pudding is in the eating. Anyone who helps Somaliare cover from its present predicament will be highly appreciated and undoubtedly recognized.

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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.

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WORLD BANK ON SOMALIA’S FEDERALISM

wp-1627455815307.pdfDownload

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On the Fight for Decentrilization in Somalia’s Governance

By Abdisalam Salwe, PhD.

Somalis have always been federal or decentralized as you can imagine. Somali speaking people are scattered all around the Horn of Africa [and beyond], speaking the same language. The question is what let them speak the same language? It is because of Somali midnimo [unity of culture and purpose] based on a culture of a decentralized system.

I discussed the issue of decentralization (or federalism) in a paper I presented at “Il corno d’Africa fra Storia, Diritto e Politica” held [in] Rome, 13-14 December 2002. I was discussing how the Somali midnimo has been affected (and destroyed) by the centralization system Somalia took after the independence. [Take a read it here]:

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A GOVERNMENT IS AS DANGEROUS AS IT IS NECESSARY TO A SOCIETY

A government by nature could be a dangerous organization, if it falls into wrong hands. It is benevolent and useful when handled well. There are many types of government, which indicate the imperative need to be careful in choosing one’s government. Some types of government are, among many others:

Democracy
Monarchy
Dictatorship
Oligarchy
Theocracy
Kleptocracy

Democracy or representative government differs from the rest significantly as each of them represents only one or a group of people. But, no matter how messy and chaotic democracy could be, the world community couldn’t find better alternative in self- government.

Then, why do we beat about the bush and couldn’t move forward with the best democratic system in the world, federalism, allowing and empowering regions of a country to attend and manage their own local affairs under a representative federal government? After all, this is a little more than a delegation of power to grown-ups in a family business. The problem, however, is that, like in a democracy, every citizen has an uninformed opinion on federalism here. Moreover, anything unfamiliar or untraditional sounds bad to everyone. Many Somalis, like their counterparts in other nations, mostly don’t know what they are talking about when expressing their layman’s opinions on federalism. Why not leave this issue to neutral and impartial experts and wishes of residents in the regions on the best way forward for Somalia’s governance?

Author of the article

Donor Community Re-ngages Puntland Parties to Commit themselves to Holding Elections

Garowe, Puntland-Following the disagreements between the Puntland Government and the Transitional Electoral Commissions on one side and political associations on the other, on holding planned local elections in Puntland in a fair and transparent manner, or if you would, setting up a consensus platform for the rules of the road, resulting in the announcement of election boycott by UDAD, Midnimo and PDP parties, the Donor Community providing funds and technical expertise on Puntland elections, gets worried and started re-engaging parties to move the democratization process forward, according to reliable local and international sources. This is good news for Puntland and its voters to participate actively in a rare democratic process that will see inhabitants deciding the destiny of their country and an opportunity to install the government of their own making and accountable only to them. It is extremely the most important political development in the short history of Puntland and must be hailed as such.

If elections are held as planned in June of this year, based on the provisions of the Puntland Democratization Roadmap, Puntland State is set to come out of the woods and political stagnation it has been stuck throughout its existence. The Donor Community is doing a remarkable job to prevent political chaos and misuse of Donor funds, state power and resources to influence the elections’ outcome.

It is extremely important for all parties, including Puntland authorities and political associations to work with the Donor Community in this regard, for if this process fails, it will have a dramatic impact on the viability of Puntland as a Federated State in a now Federal Somalia. Fair and transparent elections are critically required to preserve the unity, peace and continuation of Puntland as the first pillar and champion of federalism in Somalia. Failure to set the example right will definitely have crucial negative influence at national level, raising renewed questions on suitability of Somalia for Federal system of governance. All Puntland stakeholders of the planned elections must be warned, advised and be very careful in moving the Democratization fairly and honestly forward.

Is Puntland is on the Brink of an Avoidable Political Conflict?

The current differences on the democratization process between Puntland authorities and opposition parties could escalate into destabilization of Puntland and gave opportunities to militants and extremists including Al-shabab now in hiding. Puntland Traditional Leadership and donor community should immediately intervene before it becomes too late to bridge the gap and mistrust between Puntland leadership and opposition political associations.

Democratization was never meant to jeopardize peace and stability in the State, but enhance people’s confidence in the process and add harmony and understanding among inhabitants. Ignored and unaddressed, this simmering political confrontation now could serve as time bomb that can explode anytime as popular protest against real or perceived Government manipulations of electoral process grow louder in the coming weeks and months. It is now about the time to intervene and mediate sides.

Already, some members of the opposition like UDAD (PPP), Midnimo, PDP and others have declared that they will be boycotting the upcoming local elections. This is a bad omen for Puntland stability and must be avoided at any cost.

These new political parties sent out letters to all local and international bodies, party to the electoral process recently and issued press releases, complaining about Government sponsorship and support for amendments, omissions by local Parliament of critical articles in the multiparty electoral laws .

A compromise arrangement has to be made to bring parties together for an agreement acceptable to all. It is in the best interests of all parties concerned to prevent hostilities and political violence.

Jubaland Close to Becoming Somalia’s Next State

Federalism in action, along the provisions of the provisional Federal Constitution of Somalia.

Correspondence Corner

Dear Fernandez,

To answer your questions, inquiries on personal background are relevant because in the Somalia of today, and as a result of the most vicious civil war in its history, objectivity in political analysis becomes an issue. Emotions usually play out into Somali authors’ essays and descriptions of events in the country. Although Somalis are patriarchal in their lineages, my mother is Northerner while father is from Central Somalia regions. I was born in Northern Somalia and raised in Mudugh Region ( Galkayo) of Central Somalia and Banadir Region (Mogadishu) of Southern Somalia. I finished formal education (High School) in Mogadishu. I went overseas for higher learning and trained as Mechanical Engineer with Masters Degree in thermal power engineering. Since then, I have been acquiring other skills as well, including public administration and political science.

Since I was raised mostly in Mogadishu, I am deeply connected to Southern Somalia too. My political constituency is PuntlandState of Somalia in the North Eastern Somalia though. I therefore consider myself as someone having broad multi-clan background. I am not sure whether that makes sense to you.

I travel a lot in Europe, North America and East Africa and therefore I cannot say I am stationed in one place. My e-mail address, ismailwarsame@gmail.com, however, is permanent if someone wants to reach out to me. Right now, I am in Garowe, Puntland, Somalia.

With regards to your question on whether Somalia can become a Federal state, I attach my relevant views on the subject expressed in these articles found both in; http://Wardheernews.com and http://imailwarsame.com

The Way Forward for Somalia

Kismayo Solution: The South-West State of Somalia

The Current Status, Goals and Vision of the Transitional Federal Government

Public Trust Deficit in Somalia

Federalism, a Guarantor of Peace among Somali Clans

Self-Governance Options for Somaliland

Hope and Lessons in Somalia

Outside View: Building a Secure Somalia

TFG Top Priorities as Expressed by the President

Somalia, Foreign and International Conspiracy

AYA Response to Riyale’s Provocations

AYA Memo on Escalating Conflict in Somalia’s Northern Regions

Letter to Prime Minister Berlusconi

Other articles of interests are

NATTCO Mandate

EU and Africa Guiding principles for Cooperation

ICG London Meeting

UN 2006 Security and Humanitarian Report on Somalia

Ambassador’s Report Back

UN Arms Embargo Monitoring Group Report

TFG and ICU

Presidential Briefing at ICG Meeting

Diplomatic Briefing

European Union Policies on Multilateral issues

SACB Secretariat

Somalia Aid Coordinating Body (SACB) Guiding Principles

Basis for European Union-Somalia Relationship

SACB Addis Declaration on Somalia

Declassified briefing to the European Union member states by the Author

Safarkii Dheeraa ee Wiilka Reer Miyiga

The Long Journey of the Nomadic Boy

Don’t get high on Khat (aka Kat, Qat, Chat); It is not worth it

In addition, there is a Provisional Federal Constitution to be adhered to by Somalia’s leadership as well as the basis for governance for new Somalia. Respecting that Constitution by all is the basis for restoring trust among people of Somalia.

I am not so sure if I understood well your question regarding the role of religion in Somalia. However, I must say that there are two permanent factors in the country.

1. Clan

2. Islam (in the form of Somali traditional Sunni sect).

Islamic religion in Somalia is now experiencing deep crisis as the new adherents of Saudi Wahabism make their presence felt and forcefully imposed upon the population, hence extremism and radicalism resulted in the creation of Al-Shabab, Al-Itihad, Al-Takfir, Al-Islah, among others of fundamentalist Islam. Wahabism now is a political and religious force to be reckoned with. You may be aware that Saudi Arabia has been extending religious scholarships to a huge number of Somali youths for decades. When these graduates came back to Somalia, the resulting effect is devastating for the stability of the country and religious harmony. That is the main source of the current religious intolerance never recorded in the history of religion in Somalia.

I hope this will give you a brief introduction to the “state of the union” in Somalia.

Regards,

Ismail

Dear Ismail

It is a pleasure to contact you and I appreciate your qick answer.

I found your blog through a Somali news site, named Wardheer News. An article signed by you and look up in the web who you are, and I found your blog. That`s all. It has been my first contact with the blog but it will not be, for sure, the last one.

I guess you are living in America (US or Canada), Aren’t you? Sorry for asking some personal questions. Are you a national Somali?, if so where are you or your family coming from in Somalia?, and, finally, which is your family clan?

My tow first (non personal) questions is basics and difficult. It is about the future of Somalia.

– Will Somalia be a real Federal state?

– Is Islam more than the nationalistic idea what is going to unify Somalia?

I have watched out about this three aspects of (name of the city omitted for privacy reasons). I am leaving the country before Summer what is a wise decission I took…

Thnaks in advance. Best regards.

Fernandez (name of the sender modified for privacy protection)

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