International Backing for Somalia's Constitutional Progress with Emphasis on Inclusive Consensus Building

 

On March 31, 2024, international partners of Somalia released a statement from Mogadishu, expressing their approval and support for the actions taken by the Federal Government of Somalia and the Federal Parliament. These steps are aimed at aligning Somalia with international and regional human rights standards, particularly focusing on the rights of the child. The statement highlights the anticipation of continued cooperation with Somalia as it strengthens its international relationships and standing.

Additionally, the statement recognizes the commitment of the Federal Government of Somalia towards completing the constitutional review process. It calls for all parties involved to intensify their collaborative efforts to reach a consensus through a process that includes all stakeholders, thereby ensuring the creation of a constitution that reflects a wide agreement and meets the aspirations of the Somali people.

https://unsom.unmissions.org/somalia%E2%80%99s-international-partners-statement-constitutional-review

Puntland Asserts Independence Amid Constitutional Standoff in Somalia

"Puntland declares it will operate independently, wielding the authority of a distinct government until Somalia adopts a federal constitution through a referendum. Former President Hassan Sheikh, now criticized for the legislative losses under his tenure, underscores the region's push for autonomy amidst constitutional debates." - Puntland

 

Controversial Constitutional Reforms in Somalia: Power Shifts and Regional Dissent

• Somalia's Parliament has approved constitutional amendments that enhance the president's powers, notably allowing the president to appoint and dismiss the Prime Minister, a shift from the previous system where such decisions were made by Parliament. This is part of a broader overhaul of the electoral system.
• The amendments have sparked controversy, particularly in Puntland, a semi-autonomous state in northern Somalia, which has declared it will no longer recognize the federal government. Puntland's government argues that the constitutional changes were made without sufficient consultation and consensus among Somalis, including the federal member states.
• Puntland has announced it will function as a fully independent state until a federal process is initiated that results in a constitution acceptable to all Somali parties. This stance underlines the region's desire for a more inclusive and transparent constitutional review process.
• The constitutional changes are criticized for appearing to centralize power in a manner inconsistent with Somalia's federal system and for potentially sidelining the parliamentary system in favor of a presidential system. This has raised questions about the intentions behind these reforms and their implications for democracy and governance in Somalia.
• The situation has implications for Somalia's security and political unity. With regions like Puntland asserting autonomy and Somaliland acting as an independent state, the federal government's control is weakening. This could embolden militant groups like al-Shabab and complicate efforts to establish a unified and stable governance structure in Somalia.

 

Somalia's Path to Unity: Overcoming the Constitutional Crossroads

The current circumstances in Somalia are not conducive to the completion of the constitution. The government faces significant challenges, including a deeply polarized society, limited territorial control, and competing visions for the country's future. These factors impede the ability to create a constitution that effectively addresses the diverse needs and aspirations of the Somali people.

The polarization within Somali society, rooted in historical grievances and rivalries, poses a major obstacle to the constitutional process. It is crucial to achieve a national consensus that accommodates the wide array of interests and perspectives. However, the current environment does not foster the necessary unity and collaboration.

Moreover, the government's limited control over the country's territory hampers its ability to implement and enforce a unified constitutional framework. The idea of Somaliland's separation from Somalia undermines the legitimacy of the constitution and its potential to serve as a national charter.

The current constitutional process has been marred by secrecy, exclusion, and a lack of transparency. This has raised doubts about the legitimacy and representativeness of the draft constitution, potentially causing discontent and disengagement among the populace.

In addition, the rush to complete the constitution has compromised the essential process of thorough debate and consensus-building. A constitution is a foundational document that requires careful consideration and the involvement of all stakeholders to ensure its durability and acceptance.

The path to a widely accepted constitution necessitates a more inclusive approach that brings together all stakeholders, including regional administrations and the broader public. However, the current process lacks a unified stance among these entities, threatening the legitimacy of the constitutional process and the fabric of Somali federalism.

The separate negotiation stance of Puntland and the quest for independence by Somaliland further complicate the constitutional process. These issues require nuanced and sensitive negotiations to reconcile divergent aspirations and establish a cohesive constitutional framework for Somalia.

The lack of comprehensive public consultations and substantive political negotiations underscores a critical gap in the constitutional process. Ensuring broad-based participation and agreement is vital for fostering a sense of ownership and commitment to the constitutional framework among all segments of Somali society.

A truly representative constitution must address the diverse concerns and interests of all groups, including women, youth, and minority clans. The current process falls short of this inclusivity, risking the perpetuation of marginalization and inequality within the Somali political and social landscape.

Contentious debates over the federal structure and the electoral system highlight profound disagreements on the distribution of power and the nature of governance in Somalia. These disputes must be resolved through inclusive dialogue and compromise to ensure that the constitution provides a stable and equitable foundation for Somali governance.

The proposed referendum process has also attracted criticism for its lack of clarity and consensus. A transparent, inclusive, and well-communicated referendum process is crucial for ensuring that the constitution carries the genuine mandate of the Somali people.

In conclusion, the current conditions in Somalia are not conducive to the completion of the constitution. To create a constitution that effectively addresses the diverse needs and aspirations of the Somali people, it is necessary to address the challenges of polarization, limited territorial control, and competing visions for the country's future.