What kind of Government System for the Somali Democratic Republic

[Illyria]

Sorry, I seem to have lost track of this topic.

The questions of sovereignty is critical mostly raising debate amongst well-meaning, anti-federalist enthusiasts, but let us define it at first in its political theory: the supreme power, ultimate overseer, or decision-making authority of the nation. In the decentralised format, sovereignty is addressed at multiple junctures, but at first, let me reiterate federalism is about dividing powers between members, and Federal institutions whilst safeguarding the greater common good. It is to lessen the power of the centre whilst strengthening that of the periphery where power flows to the centre. And in doing so, the stronger the Members, the strong the centre where the opposite is true in that weaker Members breed even weaker centre. In other words, the centre is as strong as its members. In architecture, in considering pitch and span, engineers design trusses along with load-bearing beams to share, carry, and spread the weight of the roof, and not solely rely upon a central beam, for doing so precipitates a single-point of failure phenomenon. The balance of power shifts back and forth between Member and the centre, as had been observed in the US from the days of Articles of Confederation to its current creative federalist model where State vs Federal relationship fluctuates. The larger the federal government, and by extension the stronger the centre, the greater the desire to pull the reins in towards States, as is the case now in the US.

 

With respect to safeguarding the supreme power, the concept of dual sovereignty, where national and international powers are clearly delineated, comes into the equation, as discussed by Friedrich 1968, Elazar 1994, Schutze 2009, Beaud 2009, and Madison in the Federalist papers. Political thinkers like T Hobbes argued for an absolute authority to decide whereas others including J Locke, J Rousseau etc argued in favour of entrusting certain, limited powers to authority, as may be necessary for common protection. As explicitly expressed in the Federal constitution, as in Article 54, section (a), powers concerning international relations are granted to Federal institutions, are negotiated between Member States and Federal institutions, and where need to extend certain powers is seen necessary, so it shall be.

Yet, one must be cognisant of our current state where the following are still true:

a) Fear of tyranny flowing from a central authority, which does not serve the public interest, but that of the ruling class,

b) Distrust amongst tribes,

c) Federal institutions such as Legislature and Representatives out of touch with their constituency, where a culture of the centre dictating to the periphery instead of the periphery influencing the centre, takes command.

The said was true when the Articles of Confederation had been drafted in the US, demanding mitigation controls be set in place to remediate said concerns. In Somalia, that is quite so yet, with there being no remedial controls or measures in place, and now, we have got a leadership, which just proposed unilateral amendments to the Constitution in order to usurp powers clearly granted to States under the Federal Constitution. I would argue said leadership poses the greatest threat to the sovereignty of the nation, and until such a time where a wise, seasoned, and just leadership could be had, strong Member States along with weak Federal institutions shall best serve the nation. 

 

Postscript:
Here are Powers granted to Federal institutions, under Article 54, Allocation of Powers: powers entrusted unto the Fed. Government:

(a) Foreign Affairs,
(b) National Defense,
(c) Citizenship and Immigration, and
(d) Monetary Policy.

---------------------------

And here is a summary of the proposed unilateral amendments to the Constitution, where the Federal government grants itself powers reserved for Member States: 

Here are the proposed unilateral amendments:
A. Federal powers:

•     Constitution,
•     Sovereignty,
•     Elections, and referendum,
•     Foreign affairs,
•     International agreements,
•     Immigration,
•     Religious affairs,
•     Human rights,
•     Census, and identity,
•     Overall control of political parties and elections,
•     A single Electoral Commission at Federal, State, and District levels,
•     A national policy for land, marine, and aviation,
•     National boundaries,
•     Copyright, and intellectual property,
•     Federal civil servants,
•     A policy for personnel and human resources,
•     Scale, measurements, and benchmarks.

B. Economy:

•     National economic development plan,
•     Monetary policy,
•     Determine national revenue sources, Federal taxation, and regulation,
•     National statistics,
•     Intra and inter rivers between and amongst Fed. Member States,
•     Foreign trade,
•     International investment, and financing,
•     Policy for energy, and water.

C. Infrastructure and Transportation:

•     Ports and airports,
•     Interconnecting roads,
•     Transportation policy for land, sea, and air,
•     Aviation,
•     Postal, telephony,Internet, radio and television frequencies services along with Cyber Security, and data protection; telecommunication, and broadcasting.

D. Security and Judiciary:

•     Defence, and nation army,
•     Federal police, and national secret service,
•     Restoration of order, where there is instability in Fed. Member States,
•     Ownership of personal small arms,
•     Federal Courts, and Judiciary systems,
•     Federal Military Courts.

E. Public health, and services:

•     National public health policy,
•     National policy for remediation, medicine, and food,
•     Immigration, refugees, and displaced persons policy,
•     National policy for:
•     Archives,
•     Libraries,
•     Theatres, and stadiums.

F. Education:

•     National education, and curriculum mandating examination of High school certification,
•     Higher education, technology, and research.

 

Shall pause there for the day.

[Arafaat]

Couple of points;

A. Even though there is a general definition of federalism different understandings exist  around the on the political modes that establishes the constitutionally specified division of powers. The US has its own history, political context and modes for determining those divisions of powers, and so have other federalist country their own modes in which often its the overarching centre that decides on the modes and divisions of powers. And that goes also for Somalia, where the state existed before most of the states or perhaps all states, depending on we define the state and its sovereignty. 

B. Second, whereas States in other context such as the US guard to have a say, mandate and authority on their local and specific ‘realities’, ‘ways’, ‘customs’, ‘values’ and ‘norms’, the Somali States have so far proven to be vehicles guarding the interest of ‘whoever’ is in power in those states, and whose political priorities are hardly a reflection of issues of most concern to the people. Meaning the States are perhaps closer to the people in terms of physical distance but not necessarily in terms of representation and ownership by the people for the people. Not discounting the need for state authorities to have their say, input or right to be consulted but stating that we should not necessarily assume automatically they know, understand or care about what the people need. 

C. Issue of Clan. In the Somali context clans tend to that have a certain degree of sovereignty, organisation and authority and clan leadership to a certain extend ‘sovereignty’ and definably higher moral ‘authority’ coming closest to the “people’s will”. As we have seen recently in Las anod the role and authority of the Garaads played, in Somaliland the Saladin solving the political dispute and also in Puntland the Isims are often the last resort and highest authority to resolve the major issues of peace, war and disputes the system and its elected officials are unable to solve. So, I am missing the role of the traditional leaders in your narrative where in you only focussed on the shared authority and division of labour between verticals layers of government (centre and regions), but did not address the horizontal layers of power, roles and division of labour between modern state government and traditional governance, and Traditional leaders who clearly have and will continue to have the higher authority, autonomy and the power to resolve or interfere where others can’t. Specially on the most crucial issues of peace, war and conflicts. 

And lastly the elephant in the room, which makes our entire discussion a bit impotent is that both the Somali central and regional authorities and officials,  don’t even understand the different roles and mandates of governance, government mandates and roles. They hardly comprehend, distinguish or differentiate between the different roles of policy and legislating, enforcement and implementation, operational management and oversight, and role of dispute settlement and custodian of the law (judiciary). This is often the source of the disputes and misunderstandings between the different authorities, government layers and officials, as they don’t distinguish roles and have a common understanding on what their role is exactly and what other authorities roles are.   

You will hear them say; ‘Anaga maamulna ‘Airportka’, ‘Wadooyinka’, or whatever function, or ‘Anaga ka masuul ah ‘Ganacsiga’, which automatically leads and ignite a dispute and becomes a source of conflict. The amendment of the constitution is a good example, which authority should be consulted, who should be heard, who should be drafting, who should amend, consent, eventually approve and legislate. Surely if there is no clarity on that, how can one expect the constitution to give any more clarity on the exact roles and mandates of government layers. 

[Illyria]

a)     Like democracy, federalism is more about the core principles rather than the configuration, for each nation could choose a model conducive to its own culture and society, and what suits one might not quite suit another. Somalia shall implement federalism in accordance with its customs and societal norms.

b)     The same applies to Somalia where farmers in Bay are different from nomads in Togdheer in terms of distance and lifestyle the same way farmers in Sh Hoose would be different from fishmongers in Bari whilst peoples in said regions share common needs, if ethnically of the same, and so shall each design what suits the locals best. The same way N Dakota is much different from Alabama in the US, and so does their State laws. In terms of distance, Fargo in N Dakota is just under 1,500 miles from Mobile in Alabama. And so is Baydhaba to Ceerigaabo, which is just under 1,200 miles.

c)     As nomads, we are the quintessential egalitarian and libertarian beings, and no system safeguards said social and cultural traits than federalism. Traditional elders and Issims are critical to federalism, as their role is more defined in State constitutions, more so clearly in PL’s than perhaps other States. In SL, there is Guurti, which occupies in the 2nd Chamber of Parliament, participating in the political process. And so their role shall remain an integral part of society till otherwise has been determined, but not in our life time.

d) Now, your last point is valid, and I would agree our political leaders have no clue, and do require basic civics training, and till such time, we shall have to do with academic public discourse. And by the way, the  “unnuka” phenomenon is global, and I am reminded of incidents where locals refused to give up land for public use, both in rural Britain and China on the ground of the waste land being their ancestral land.  It is even more pronounced in the US with Native Americans. So, we are no different in that respect. Got to get on with my weekend to-dos before the snow.

[Illyria]

14 hours ago, Arafaat said:

The amendment of the constitution is a good example, which authority should be consulted, who should be heard, who should be drafting, who should amend, consent, eventually approve and legislate. 

On the question of Constitutional amendments, the process, whom to consult, and whom the stakeholders are, are clearly outlined in the Constitution, as in:

Article 3, section (3) and (4),
Article 132, section (f),
Article 137, section (3).

[Arafaat]

20 hours ago, Illyria said:

a)     Like democracy, federalism is more about the core principles rather than the configuration, for each nation could choose a model conducive to its own culture and society, and what suits one might not quite suit another. Somalia shall implement federalism in accordance with its customs and societal norms

But the question is how would that federalism look like, so far we haven’t gotten past the point of clans dressing up as states without states actually exercising control over their territories nor representing the people and localities they claim. 

20 hours ago, Illyria said:

b)     The same applies to Somalia where farmers in Bay are different from nomads in Togdheer in terms of distance and lifestyle the same way farmers in Sh Hoose would be different from fishmongers in Bari whilst peoples in said regions share common needs, if ethnically of the same, and so shall each design what suits the locals best.

The point I was making is that the states so far have not shown or portrayed having any inclination for their regions specific ‘realities’, ‘ways’, ‘customs’, ‘values’ and ‘norms’. But are more vehicles for personal power grap and for those leaders to get a pie of the national cake. You haven’t addressed that point. 

 

20 hours ago, Illyria said:

c)     As nomads, we are the quintessential egalitarian and libertarian beings, and no system safeguards said social and cultural traits than federalism. Traditional elders and Issims are critical to federalism, as their role is more defined in State constitutions, more so clearly in PL’s than perhaps other States. In SL, there is Guurti, which occupies in the 2nd Chamber of Parliament, participating in the political process. And so their role shall remain an integral part of society till otherwise has been determined, but not in our life time

If we recognize the importance of traditional elders for the stability of the system, why not define and specific their roles while designing the system and you’re at it. 

6 hours ago, Illyria said:

On the question of Constitutional amendments, the process, whom to consult, and whom the stakeholders are, are clearly outlined in the Constitution, as in:

Article 3, section (3) and (4),
Article 132, section (f),
Article 137, section (3).

it might have been written down but does it mean that there is a coming agreement or understanding on the process, Hence why since 2012 it’s been impossible to finalise the constitution. My point is that one doesn’t need only a smart person to write down whatever on paper, but you need a genuine inclusive consultation process that takes in to account the context specific realities, issues and values for it to be a workable basis for a system of governance. 

[Illyria]

This is troubling, if true.

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Waxaan ka walaacsannahay qorshaha Madaxtooyada ee lagu laalayo dastuurka iyo hannaanka maamul ee dalka, kaas oo ay ka dhalanayso qalalaase siyaasadeed oo wiiqaya hannaanka ku salaysan Federaalka iyo wadatashiga ee heshiiska lagu yahay.

https://twitter.com/M_Farmaajo/status/1749413363161981334?s=20

 

[Illyria]

Operation Liquidate Federal Constitution in a rush kicked off in Mog town at the wrong time, and for the wrong reasons. So much for mobolising the nation to defend its seas from invading foe.

 

 

[Illyria]

WAS IT OR WAS IT NOT, AND WHAT WAS CHANGED, IF ANY?

Speaker Adan Madoobe says the procedural changes passed with an overwhelming majority, but the voting process says otherwise. But what was it that Speaker Adan Madoobe and President Hassan Sheikh claim they changed?

President @HassanSMohamud and Speaker Adan Madoobe claim that procedural changes that will pave the way for constitutional amendment have today passed the parliament. They also claim any future constitutional amendment will from now on require only a simple majority instead of the previously mandated two-thirds majority. This is expected, in a similar voting process, to enable President Hassan Sheikh to change the constitution from a parliamentary and clan-based powersharing system to a presidential system.

In short, with an amended constitution, President Hassan Sheikh will remain President and Muse Bihi will be the Vice President. Presidential term will be changed from four to five years. There will be no more Office of the Prime Minister.

In summary, it is back to the UK Proposed north-south confederation and a clan-based political alliance between Mogadishu and Hargeisa, and for now, the strenghthening of the political alliance between Hassan Sheikh and Muse Bihi.

Meanwhile, now that you have seen President Hassan Sheikh's interview with Al-Jazeera (https://twitter.com/radiodaljir/status/1749819283184697517?t=HpPvpaB1tNgVDbgDf1z8lg&s=19), if you had any doubts about the MoU and President Hassan Sheikh's "Ethiopia is the #2 enemy of Somalia", doubt some more. If you thought President Hassan Sheikh will unify Somalia and safeguard the unity and territorial integrity of Somalia, doubt even some more.

 

 

 

 

[Che -Guevara]

Neither man can dictate the actual reality on the ground but this stunt will cause further damage. The next two years is a loss for Somalia.

Let's see if HSM will go to Garowe and what he has to sell to Deni

[Miskiin-Macruuf-Aqiyaar]

Xasan Socdaal waligiisa isma badalaayo, dalka qatar haku jiro ama yuunan ku jirin, his pockets and family always come first. Waligey madax Soomaaliyeed ka iimaandaran ma arkin - in his mind, he is always in poverty. Abaar,bolol adag iyo meel daran xun ku soo koray filaa. Si kale loo micneysto ma leh. Iimaankii ka celin lahaana malaha. Shame of rhese corrupt xikshibaanno noo soo celiyeen tuugaan.

And if he thinks he can be C/fitaax Alsisi of Soomaaliya or any of these Carab leaders meesha iska joogaan, waa qafiifay.

He should also remember baarlamaanka passed two years extension for Farmaajo in 2021, too. Taas meeshee martay waala ogaa.

[maakhiri1]

They should dumb Madoobe 

[Miskiin-Macruuf-Aqiyaar]

51 minutes ago, maakhiri1 said:

They should dumb Madoobe 

Aaden Madoobe waaka baahanyahay Xasan. Jeebka u buuxiyeen and waala aamusiyey. Even though tolkeyga ka soo jeedaa, he is not like gaashaanle Shaatigaduud oo qadiyada iyo mabda' lahaa. Aaden macalin dugsi iska ahaa.

Xamse ayaa la isku deyn doonaa la rido, he is easier of the two. The weakest ra'iisul wasaare ever.

[Xaaji Xunjuf]

6 hours ago, Illyria said:

Operation Liquidate Federal Constitution in a rush kicked off in Mog town at the wrong time, and for the wrong reasons. So much for mobolising the nation to defend its seas from invading foe.

 

 

 

Hasssan sheikh and the koonfurians know if they don’t reach a settlement with somaliland before they draft the final constitution  of Somalia . Then the constitution will be null and void in Somaliland al together . So the stalling of the talks isn’t in the benefit of the bunker . It can go on so long . If u want to hold afti si Aad u meel marisid  dastuurka u need to reach a final settlement with Somaliland.

if you don’t reach an agreement with somaliland  then that ship has sailed the elections will be held from raskambooni to raascaseer. No voting willl take place in Somaliland. Which makes the constitution of Somalia solely for Somalia . Sharci maha by default somaliland waad aqoonsatay while not even uttering word . Having said that now with the mou i doubt a settlement can be even reached  at this particular time