HEADLINES:

SOMALIA DEFIES RULE OF LAW AS NEW FEDERAL UNITS GET OFF THE GROUND

0
Friday August 15, 2014 - 06:09:10 in Articles by Super Admin
  • Visits: 2404
  • (Rating 0.0/5 Stars) Total Votes: 0
  • 0 0
  • Share via Social Media

    SOMALIA DEFIES RULE OF LAW AS NEW FEDERAL UNITS GET OFF THE GROUND

    Waagacusub.net - "In the government of this Commonwealth (Massachusetts), the legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers

    Share on Twitter Share on facebook Share on Digg Share on Stumbleupon Share on Delicious Share on Google Plus

Waagacusub.net - "In the government of this Commonwealth (Massachusetts), the legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers or either of them: the judicial shall never exercise the executive and legislative powers or either of them: to the end it maybe government of laws not of men". John Adam 1780.

The foundation of a modern state is based on checks and balances or the separation of powers of legislature, judiciary and executive branches of the government, provisions that are clearly defined in the constitution. Indeed, constitutionalism is an effective mechanism that ensures rule of law.

A democratic society is built on the foundation of independent and impartial judiciary, independent media, free and fair elections and rule of law. The Provisional Constitution-despite its flaws-is the supreme law of the land, anything that is contrary to our Islamic religion is considered null and void. Somalia will fall deep down into the abyss of insecurity, corruption and lawlessness if the constitution is blatantly ignored. Somali Federal Parliament, the highest organ and the mother of all institutions, should not tolerate a government of men rather; it should promote a government of laws to the best of its ability. Somalia as state will only become viable if it is built on strong democratic foundation which must be sustained by strong civil society and platform of political parties. At present, Somalia has neither.For last couple of months a parliamentary  ad hoc committee has been working on a draft legislation regarding political parties, hopefully, the parliament will pass party legislation on/or shortly after September 2014. With regard to  civil society,it is, by and large, represented by an umbrella of local NGOs though wide array of organisations based on ethical, political, cultural, religious and scientific grounds are missing from the political scene.

A paradigm shift

   For almost a year, the Somali government was pursuing a stabilisation plan and a policy to form federal units in line with Provisional Constitution and relevant laws of the republic through a bottom-up approach. Unfortunately, that policy has never been implemented due to objections raised by IGAD-AU partners which finally persuaded the Government to implement the much criticised IGAD Stabilisation Plan left over by TFG coupled with the infamous "building blocks approach" published on Ethiopian Foreign Ministry position paper in 1998,and later resurfaced in an article published by a Canadian researcher called Matt Bryden whose Attachment to Somali politics has sparked much controversy. In short,the idea briefly reads as follows:.

"A future Somali state might thus resemble a patchwork of semiautonomous territories defined in whole or in part by clan affiliation, leading to a breakdown roughly as follows:

• An Isaaq dominated state in the northwest, corresponding roughly (if not exactly) to the boundaries of former British Somaliland;

• In the Northeast, a principally Mijerteen polity, involving some (if not all) of the broader Harti community in Sanaag and Sool regions;

• A Digil-Mirifle territory centred on (but not necessarily restricted to) the regions of Bay and Bakool;

• Jubbaland, an admixture of groups from the Juba valley, possibly extending as far north as Gedo region;

• An elongated central territory inhabited principally by the Hawiye;

• A national capital (probably, but not necessarily Muqdisho) administered separately as a cosmopolitan hub for all Somalis".(Review of African Political Economy, March 1999, Vol. 26 Issue 79).


Suddenly, President Hassan Sheikh Mohamud made a humiliating U-turn by signing up to the idea of Clan Federalism sending his State Minister Hon Farah to Addis Ababa to sign Jubbaland interim administration agreement on August 2013-a move that paved the way the formation of Southwest and Mudug-Galgadud interim administrations.

The fallout of the current unconstitutional initiative reaches far beyond debates about the legality of the matter. It has opened a Pandora box paving the way for further unconstitutional steps to unravel. The first salvo was fired, once again, by the ,egregious minister Hon. Farah, this time under the portfolio of Justice and Constitutional Affairs, wittingly committing another faux pas, by firing the attorney general and replacing him with another one. The current bloated and ineffective cabinet, as usual, promptly approves the move. One may argue the Government acted upon the controversial law recently passed by the parliament, albeit with slim majority, which provides legal ground upon which the minister can act. In reality the matter is much more complicated. There are series of articles in Provisional Constitution that bars the Cabinet from taking such steps, i.e., art.106, art.109a and art.111a. Moreover, the notion of separation of powers is clearly violated and, that sets a bad precedence further eroding the confidence people have on the government. The role of civil society, in this case the association of Somali Jurists, is needed in order to shed light on the current conundrum and constitutional crisis.

Empty Promises

The principles of Vision 2016 produced by the Office of the Prime Minister on June 2014, but distributed only within the circles of the international community, are given below:

"§ The Government believes that successfully achieving the goals of Vision 2016 will require alignment with principles of political inclusion clearly articulated in PSG1 of the "New Deal”.

§ All aspects of the process shall be Somali owned, inclusive, transparent and consistent with Provisional Constitution.

§ The implementation of Vision 2016 shall be situated in the context of a comprehensive reconciliation process that that promotes national cohesion and integration; § Management of the process shall be anchored in the principles and practices of integrity and good governance";

The ink was barely dry on the policy announcement when the Government broke the principles and priorities outlined in the position paper. The politics of federalisation  by the stroke of a pen without due regard to Community cohesion and constitutional arrangements, has added insult to the already injured society. It stokes fresh violence and saws seeds of mistrust between clans,by intensifying clan competition. It puts community relations back to square one, at levels of 1991.

Getting priorities wrong

Two years on since the election of the current administration, the government priorities should have been focused on stabilisation of the liberated areas from Alshabab, which to date, is neither controlled by the government nor accessible in terms of humanitarian relief. The people in these areas are under siege with dire humanitarian condition, worsened by the drought that affected large part of the country including central regions.  AMISOM is stuck in its barracks and does not have the will to escort the relief supplies docking in the government stores nor can government master units of SNA to fill the gap. Another government priorities set out in its much publicised Vision 2016 is that the document outlines principles and priorities set for a Roadmap to end transition to democracy by September 10, 2016.Among other things the three foundational elements of the government’s strategy namely the Constitutional review and implementation, Completion of the federal system and Democratisation as directed by the Provisional Constitution. However the first principle laid down in this document is violated by the Government. In that paper the Government stated that: "All aspects of the process shall be Somali-owned, inclusive, transparent and consistent with the Provisional Constitution”. The ICG in its recent publication on 26 June 2016 urged the government to "make the local Somali grievances that enable Alshabab to remain and rebuild in Somalia the paramount focus, not regional or wider international priorities.

Political repercussions

Somalia's current constitutional crisis is likely to get worse in the next few months, the recently declared drought will begin to bite with Government unable to open access routes for the affected regions, and the life of millions of Somalis will likely deteriorate. The Federal parliament has to intervene and fix the current impasse or become irrelevant in the eyes of Somali people. In the end, the current leadership will bear the brunt of people’s anger and dissatisfaction.  

Options for compromise

To prevent further damage, the Government should share its views with the parliament and seek new legislations through constitutional process, instead of embarking on arbitrary measures outside constitutional framework. It should also engage in a constructive dialogue with communities that have expressed grievances with its policies and insure inclusivity and transparency, as shown in its Vision 2016, is respected. Make no mistake, the current political and constitutional crisis will undoubtedly benefit Al-Shabab which Cedric Burns, ICG's Horn of Africa admits their resoluteness and fixity of purpose:  "For all it's mistakes, Al-Shabab has managed to appear independent of external political timetables and non Somali support.......that is been to group's continued control of both money and minds in many parts of Somalia (ICG Africa Briefing no 99). Candidly, it is the Government not Al-Shabab, which should have managed to free itself from external political timetables in order to win the hearts and minds of the Somali people.


Hon Abdullahi Jama, Chair Select Committee on Economy, Trade and Industry's


Share on Social Media

Somalia:Welcoming new Federal Parliament, Ban urges completion of electoral process

United Nations Secretary-General Ban Ki-moon has welcomed the inauguration of the new Federal Parliament of Somalia on 27 December and warmly congratulated the people of Somalia on this historic achievement in their quest for universal suffrage by 2020. Full Article

 

New legislators sworn in in Somalia

Somalia has sworn in its new legislators to form the tenth Parliament, in what could kickstart the country's long road back to full democracy by 2020. Full Article

 

Somalia makes landmark historic victory at the UN General Assembly

On 18 November 2014 the Third Committee of the UN General Assembly overwhelmingly passed a historic draft resolution tabled by Somalia. The resolution is about declaring 13 June of each year as International Albinism Awareness Day. Full Article

 

ASSESSING MINISTERIAL HLPF COPENHAGEN CONFERENCE ON SOMALIA

There were no attempts to subject the PM's action (reshuffle without consultation with the President), the President's action (nullification of PM reshuffle decree and instruction to the cabinet), and the Parliament's action (no confidence motion on "all-purpose allegations") to independent expert opinion or judgment. This would have established good governance practices. Full Article

 

International's Position to President Of Somalia

As things stand there are inherent tensions in the constitution between the offices of Prime Minister and the Presidency. 10 Prime Ministers over the last 10 years suggests this turbulence will not disappear with a change of personalities. The roles and responsibilities of the respective offices should be re-examined during the constitutional review process. Full Article

 

Somalia : Will Somalia Survive the Ordeal ?

We think an inward grief help none of us, when these two evils are enveloping us all , as " the arrow that has left the bow never returns ." Full Article

 

UK expresses concern over political instability in Somalia

UK deeply concerned about political instability in Somalia. Urges all parties to resolve differences through political process. Full Article

 

Somalia:Our Foreign Minister, is an Indispensable Asset in Our endeavours in Nation Building

Waagacusub.info- I am writing in response to a Waagacusub website news report on Friday, Nov.7,2014 entitled, Wasiirka Kharajiga..by its editor, Dahir Alasow. Full Article

 

in response to the recent remarks by Nicholas Kay special Envoy to Somalia

Press Release of The Concerned Somali Parliamentarians regarding the Statement of Nicholas Kay, The Special Representative of the Secretary General of the United Nations to Somalia. Full Article

 

The President: Respect for Somalia's right to self-determination is critical.

As President of the Federal Republic of Somalia, I acknowledge all those who have expended considerable energy and resources in supporting Somalia to achieve the substantial progress we have made against ambitious goals. Full Article

 


Leave a comment

  Tip

  Tip

  Tip

  Tip

  Tip


Somalia:Welcoming new Federal Parliament, Ban urges completion of electoral process

United Nations Secretary-General Ban Ki-moon has welcomed the inauguration of the new Federal Parliament of Somalia on 27 December and warmly congratulated the people of Somalia on this historic achievement in their quest for universal suffrage by 2020.

New legislators sworn in in Somalia

Somalia has sworn in its new legislators to form the tenth Parliament, in what could kickstart the country's long road back to full democracy by 2020.

Somaliland No More Paramilitary Forces To Oppress The Freedom Of Speech

Enough Is Enough And No More Paramilitary Forces To Oppress The Freedom Of Speech. Written by an elected member of Parliament Abdirahman Mohamed Jama (Awxoog) MP

Somalia makes landmark historic victory at the UN General Assembly

On 18 November 2014 the Third Committee of the UN General Assembly overwhelmingly passed a historic draft resolution tabled by Somalia. The resolution is about declaring 13 June of each year as International Albinism Awareness Day.

ASSESSING MINISTERIAL HLPF COPENHAGEN CONFERENCE ON SOMALIA

There were no attempts to subject the PM's action (reshuffle without consultation with the President), the President's action (nullification of PM reshuffle decree and instruction to the cabinet), and the Parliament's action (no confidence motion on "all-purpose allegations") to independent expert opinion or judgment. This would have established good governance practices.

Somalia:Welcoming new Federal Parliament, Ban urges completion of electoral process

United Nations Secretary-General Ban Ki-moon has welcomed the inauguration of the new Federal Parliament of Somalia on 27 December and warmly congratulated the people of Somalia on this historic achievement in their quest for universal suffrage by 2020. Full Article

 

New legislators sworn in in Somalia

Somalia has sworn in its new legislators to form the tenth Parliament, in what could kickstart the country's long road back to full democracy by 2020. Full Article

 

SOMALI PARLIAMENT TO DEBATE ON NO CONFIDENCE MOTION

Waagacusub.net -Somali Federal parliament is having an extra-ordinary meeting today,they debate on the no confidence motion against Prime minister of Federal Government of Somalia Abdiweli Sheikh Ahmed Mohamed . Full Article

 

Somaliland No More Paramilitary Forces To Oppress The Freedom Of Speech

Enough Is Enough And No More Paramilitary Forces To Oppress The Freedom Of Speech. Written by an elected member of Parliament Abdirahman Mohamed Jama (Awxoog) MP Full Article

 

Somalia makes landmark historic victory at the UN General Assembly

On 18 November 2014 the Third Committee of the UN General Assembly overwhelmingly passed a historic draft resolution tabled by Somalia. The resolution is about declaring 13 June of each year as International Albinism Awareness Day. Full Article

 

Somalia:Welcoming new Federal Parliament, Ban urges completion of electoral process

United Nations Secretary-General Ban Ki-moon has welcomed the inauguration of the new Federal Parliament of Somalia on 27 December and warmly congratulated the people of Somalia on this historic achievement in their quest for universal suffrage by 2020. Full Article

 

International's Position to President Of Somalia

As things stand there are inherent tensions in the constitution between the offices of Prime Minister and the Presidency. 10 Prime Ministers over the last 10 years suggests this turbulence will not disappear with a change of personalities. The roles and responsibilities of the respective offices should be re-examined during the constitutional review process. Full Article

 

Topnews:-Wiil uu dhalay Ganacsade Xaaf oo falkii ugu xumaa ku sameeyay Gabar Maskiina +Sawiro?

Bredanews.com – Wiil uu dhalay Ganacsade Axmed Ducaale Geelle xaaf ayaa falkii ugu xumaa ku sameeyay Gabar u dhalatay Beesha Sheekhaal oo lagu magacaabo Miski Xaaji Axmed Gaaboow Nuur. Full Article

 

UK-Somali links raise concern as UN alleges corruption and arms deals

Questions raised about Britain's relationship with Somalia as UN alleges misappropriation of funds and exploitation of loopholes in an arms embargo Full Article

 

Leaked Conversation between Somali President and Minister Farah Topaz

SOMALI AGENDA has received and verified the authenticity of series of SMS messages between Somalia's President Hassan Sheikh Mohamud and his powerful Justice and Constitutional Affairs minister Farah Sheikh Abdulqadir. Full Article