Liqaye Posted October 30, 2008 By Mohamoud Abdi Oct 26, 2008 The entire Transitional Federal Government (TFG) of Somali travelled to Nairobi, Kenya, for a meeting with the leaders of Inter-Governmental Authority and Development (IGAD) counties and other interested parties between 25 October and 29 October 2008. There is no official announcement of the meeting or its agenda, but there is a speculation that the meeting is to re-evaluate the four years the TFG was running Somalia and plan for the future. Ethiopia and Kenya are once more accused – rightly or wrongly – of conspiracy to undermine the government in order to prolong the lawlessness and disintegration of Somalia. The negative press these two countries have in Somalia seems to undermine any positive contribution they may have made for Somalia and its people for the past seventeen years. The goodwill that Ethiopia created among the Somalis since the collapse of the Somali state was completely wiped out by its occupation of parts of Somalia. There is a strong believe among a good section of the Somali people that the Ethiopian occupation of Somalia is here to stay. This may be greatly exaggerated, but the absence of any clear sign of an intention to withdraw deepens the suspicion. A recent arrogant and provocative article by a Kenyan lawyer advocating the dissolution of Somalia as a nation and the integration of its territory into Kenya and Ethiopia severely damaged Kenya’s image in Somalia. The TFG’s mass relocation to Nairobi – for whatever reason – only strengthens the suspicion and mistrust that the Somali people feel for their neighbouring countries.. The substantive issues I want to discuss here are the constitutional and political implications of the relocation of the Somali government to a foreign country for what is clearly an intention to change the character of the TFG through a change of the Transitional Charter. First, the transfer of the centre of power of the Somali state from the capital of Somalia to that of Kenya without the agreement of parliament is unconstitutional. Although neither the Transitional Charter nor the Somali Constitution of 1962 explicitly addresses the transference of the seat of the government from the Somali capital to another country, both documents state or imply that changes affecting the character of the government or parliament must be through legislation. For the Somali government to relocate to another country without the approval of the government or parliament is against the spirit if not the letter of the Somali constitution and the Transitional Charter. It would amount to a dereliction of national duty for the entire government to leave the country without proper procedure and without a caretaker in place. It is not uncommon for a president or a prime minister to leave the country and for his deputy or a senior member of the cabinet to act as a caretaker. It is a new phenomenon – the first for me – for the entire government of a country to pack their bags and travel to a foreign country without leaving anyone in charge of their country. But the situation in Somalia is not normal. There are tens of thousands of Ethiopian troops in the country, particularly in Mogadishu. What will be the legal position of these troops when the government which brought them into the country and which gave them the legal umbrella for their presence is no longer in the country? Who will authorise their activities – if they ever needed authorisation – while the government is away? These are constitutional and practical issues that need to be addressed. Second. There is one explanation for the relocation of the 275 members of the TP to Nairobi. Since their sole function is to legislate, they must have been summoned to pass new acts or amend existing ones. There is nothing wrong with amending the Transitional Charter. But what changes could be so urgent as to require the TP to be moved back to their place of birth? There are two possible developments that could underline this initiative. The immediate one is the extension of the term in office of the TFG. The government’s term ends in 2009 and the Charter envisages the running of an election for a new parliament and a new government. That would not happen as time has run out for all the preparatory activities to be carried out for a fair and free election to take place. The least painful option would be to extend the lifespan of the TFG. Such action would suite the TFG and other interested parties. The other potential development that may require the involvement of the lawmakers is enlarging the TFG to accommodate the opposition groups that have signed a peace agreement with the government. If that is so, why couldn’t the parliament sit in Mogadishu or Baidoa? Why Nairobi? This would make sense only if the external powers that influence the Somali affairs felt that they could bring pressure to bear on the MPs. It could also be argued that Nairobi is where it all began and where the foreign interested parties are present. Whether the opposition would take up an offer to join the government is not certain. They may decline to join a government whose term in office is about to end. However, they may give it a consideration if the term in office of the government is extended significantly. Thus, it appears that an extension of the government’s term is essential for other changes in the character of the TFG. The integration of the opposition groups into the government would be desirable. Somalia needs all those who could salvage it irrespective of their political persuasion. Would an extension of the term in office without changing the nature and function of the TFG bring the desired outcome for Somalia? Hopefully, the international community would finally realise that tying the hands of the government and standing on the side would not bring changes in Somalia. They should give the government the necessary assistance to carry out the necessary changes. Let’s hope that the TFG would realise how it has messed up things in the past four years through petty squabbles and blind determination of undermining the government. They should realise that it is incumbent upon them to restore the confidence of the Somali people that they have lost. Without real changes on the ground, the TFG will not achieve much in the future whether its term is extended or not and whether their meeting in the Kenyan capital is unconstitutional or not. Time is running out for them – fast. By Mohamoud Abdi Email: mohamoud2004@hotmail.com Quote Share this post Link to post Share on other sites
