N.O.R.F

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Posts posted by N.O.R.F

  1. Posted

    Bashi, usually, such legal documents are explicit as to what takes precedence. That isn’t the case here. There is no mention of the commission only dealing with disputes either. The role of the commission is to assess and make recommendations on the formation of ALL Federal states. Whichever way it happens to be (admin created now or after the framework is complete), a federal state won’t be ‘constitutionally’ federal until the commission make it’s recommendation and Parliament approves it.

     

    There is still a long way to go and I can see some issues along the way. The creation of the first Federal state is the most crucial.

  3. Posted

    Baashi;925186 wrote:
    Many thanks Zack. There you have it. Answers to your questions can be found in Article 48, Clause 2 and Article 49, Clause 6.
    Remember also part of legislative body (Upper House of the Parliament) and third branch of the state (Constitutional Court) are not established yet. On top of that this constitution is the law of the land in the next four years.

    So Jubbaland is the kart before the horse?

  4. Posted

    xiinfaniin;925169 wrote:
    You hear it ya jamaacah from NGONGE, and NORF

     

    Jubbaland is unconstitutional. Kala dareera.

     

    EDIT: It is interesting our secessionists brothers have a thing for Kismayo. Macno Yare come up with a full blown UN Security Council Resulation specificly designed to shoot down Kismayo (or at least to frustrate the effort
    :D
    )

     

    And we have NORF with a more powerful amo to kill whole thing
    :D

    Why play up to the gallery saxib? Stop dancing :D

     

     

    Baashe,

     

    My interpretations are:

     

    48.2 is still subject to 49.2 which is subject to 49.3.

     

    49.6 is subject to 49.2 which again, is subject to 49.3.

     

    Its actually a bit confusing.

  9. Posted

    Nin-Yaaban;925144 wrote:
    Wow, seems like you've been to most countries in the Middle East sxb. It's nice to have all kinds of stamps in your passport from all these different countries.

    They all want to stamp on a new page evertime. Had to tell them to stamp this page and that page to save me from getting a new passport but it didn't work.

  12. Posted

    The Zack;925133 wrote:
    No, a commission has not been established. You are thinking having a commission is a prerequisite for establishing a federal state? I don't believe that is the case, the two don't depend on one another.

     

    "Based on a voluntary decision, two or more regions may merge to form a Federal Member State"

    The document says the commission, nominated by Parliament, will make recommendations on areas applying to become Federal states. That sounds as though it hasn't been done.

     

    Point 6 you put in bold should be part of a Law enacted by Parliament. Sounds like this hasn't been done either.

     

    Bashi, enlighten me awoowe.

  15. Posted

    Am I? :D

     

    I'm a also a part time politician. Somali politics is blurred by clan interests (which is what Jubbaland situation is about). But, on this forum, no one has flagged up the constitutional requirements for forming a federal state. Its been a lot of finger pointing and loud noise.

  18. Posted

    Big statement there Carafaat.

     

    I haven't been keeping up but the bombardment of articles on this have all failed to address the process required under the constitution. Is what is taking place in Kismaayo in line with the constitution is a question I have asked a couple of times on here. Have reer Kismaayo allowed a reasonable timeframe for the law to be passed through Parliament?

  20. Posted

    I'm assuming this is the version approved by the Somali Parliament last August '12.

     

    http://somalianews.files.wordpress.com/2012/07/120708-harmonized-draft-constitution-eng-tran-_incl-errata-changes.pdf

     

    Article 49. The Number and Boundaries of the Federal Member States and Districts

    (1) The number and boundaries of the Federal Member States shall be determined by the House of the People of the Federal Parliament.

    (2) The House of the People of the Federal Parliament, before determining the number and boundaries of the Federal Member States, shall nominate a national commission which shall study the issue, and submit a report of its findings with recommendations to the House of the People of the Federal Parliament.

    (3) The nomination of the commission referred to in Clause two shall be preceded by the enactment of a law by the House of the People of the Federal Parliament, which shall define:

    (a) The responsibilities and powers of the commission;

    (b) The parameters and conditions it shall use for the establishment of the Federal Member States;

    © The number of the commissioners, requirements of membership, nomination methods, office tenure, and their remuneration.

    (4) The number and the boundaries of the districts in a Federal Member State shall be determined by a law enacted by the parliament of the Federal Member State, which must be approved by the House of the People of the Federal Parliament.

    (5) Federal Member State boundaries shall be based on the boundaries of the administrative regions as they existed before 1991.

    (6) Based on a voluntary decision, two or more regions may merge to form a Federal Member State.

    In relation to Jubbaland has:

     

    1. A Commission been established?

    2. Has the relevant law been enacted by Parliament?