The pen is mightier than the gun? Depends

[Jacaylbaro]

Somalia is trying to kick-start a peace process. Will it work? It’s difficult to imagine things getting much worse

 

Somalia is in the midst of a bold experiment: to see whether the development of a new constitution can help to bring peace to a country in desperate straits. Mired in violence and civil disorder, Somalia is No. 1 on the Failed States Index of Foreign Policy/The Fund for Peace. Pretty much the only thing Somalia is known for these days is radical dysfunction. A new democratic constitution? You’ve got to be joking.

 

Somalia’s Transitional Federal Government has been in place since 2004, but it doesn’t even control the capital city, Mogadishu, and its capacity to survive without the support of 5,000 African Union troops is slight to non-existent. Civil war continues, and major chunks of the country are under the control of al-Shabab, a radical Islamic movement that recently displayed its willingness to export terror to neighbouring countries by killing more than 75 people in Uganda. Pirates ply their trade with impunity off the Somali coast.

 

Somaliland, a breakaway region in the northwestern part of the country, has enjoyed de facto independence for close to 20 years; it has held successful elections and operates in relative peace. Somaliland wants no part of the constitutional process – or of Somalia, for that matter – seeking, instead, recognition from the AU and the international community as an independent state. Puntland, a Somali region in the northeast, is also relatively safe and stable; willing to be an active part of a new Somalia, it’s watching this constitutional process with interest, but is in no position to determine the outcome.

 

In short, no one’s in charge. So this seems far from being Somalia’s constitutional moment, despite the fact that one of the opposition forces joined the transitional government in 2009. Usually, one might expect that a constitution would follow a peace process, not precede it, or that the process of constitutional negotiation would itself be an instrument for ending violence and making peace. But, so far, the Somalian constitutional exercise has involved only fragments of the political forces whose involvement will be necessary to establish a broad new social compact and the constitutional agreement that would be its legitimate expression.

 

Yet, with the vigorous support of the United Nations, the transitional government has established the Independent Federal Commission on the Constitution (IFCC) to come up with a new constitutional design; the 30 or so members have been labouring over the past few months to produce a draft constitution – ensconced in Djibouti, north of Somalia, because it’s too dangerous to do the work in their own country. A UN Development Program team is supporting them, and the UN is underwriting the costs.

 

The IFCC has produced an impressive document – a draft constitution plus explanatory narrative – that is now being sent out to the country for reaction. Based on sharia (Islamic law), the constitution has strong human-rights provisions, including those for gender equality (the requirement of female representation in key national institutions, the banning of female genital mutilation and the acceptance of abortion if the woman’s life is in danger). It also proposes a federal system, with significant power being allocated to yet-to-be-created regional states.

 

Now comes the public consultation, a fraught and dangerous business. The simple act of discussing this document could be enough to mark you as a target. So radio will be heavily used to get the word out and to provide a venue, and some thought has been given to producing a small, pocket-sized version of the document that people will be able to hide when they’re out in public.

 

In September or October, the IFCC plans to assess public reaction and, on that basis, produce a final version of the constitution, which will be put to a referendum in the spring of 2011. If the proposed constitution is supported by the people, the plan is to begin implementing it as the law of the land, with a general election to follow. By 2012 or so, if all goes according to plan, Somalia will have a bunch of shiny new governments, both in Mogadishu and in the new regional states, whose authority will be grounded in the new constitution and in democratic elections. A new Somalia will have been born.

 

Will it work? Dispassionate analysis would say no. Is it worth a try? Probably yes. After all, you don’t need to worry too much about breaching the Hippocratic principle of “first do no harm.” It’s difficult to imagine things getting much worse in Somali, no matter what you do. But could this bold initiative actually do some good?

 

If I were looking for a glimmer of hope, it would be this: It will be the first occasion in a very long time that Somali citizens will be consulted about something, that they will be invited to become political actors, instead of suffering victims. If the referendum happens and if the citizens of that tragic country use the occasion to shout out loud and clear for an end to violence, perhaps, just perhaps, they might be heard.

 

Since nothing else seems to have worked, perhaps it’s worth giving this a try. That, possibly, is the calculation of the UN and of the Somali constitutional commissioners who are putting their lives on the line in this noble, but daunting, cause.

[Cowke]

The pen means nothing in somalia you can be einstein if you want but if ur not from the known big clans u can never lead the nation.

 

In Somalia muscle is more important the pen. Is that right? well it doesnt matter because i dont see foresee that changing anytime soon.

[Chief_Aaqil]

Originally posted by Jacaylbaro:

the constitution has strong human-rights provisions, including those for gender equality (the requirement of female representation in key national institutions, the banning of female genital mutilation and the acceptance of abortion if the woman’s life is in danger).

On more reason for Somaliland not to join Somalia. Women having all the power. Nga qabta dadkan. Raagii ayaan khatiyaan ka tagaanahay, iska dhaaf dumar.

 

You guys dont make it very tempting to draw back Somaliland. I thaught this whole Feferal idea was exactly because of that reason.

 

Now 30 people sit down together in Djibouti to draw a Federal constitution!! These people have no idea what Federalism means. It means the states decide which laws and powers they want to share on a Federal basis, not 30 people in expensive Djibouti Hotel rooms and chewing expensive Herreri khat from Ethiopia and discussing with nice and good educated ladies from Xamar the role of Gender in Somali Society, on a daily basis(what else would they do for the past year in Djibouti) paid by the UN. How could they do this?? :confused:

[Cowke]

Chief_Aaqil the people still have the old thinking in place. Calm the south down and invade the north and bring them under occupation.

 

Remember zeylac till kismayo is the property of somalia and the president can have the right to attack anyone that dares violate it.

 

So really I just foresee them doing that with somaliland "inay soo jiitan" ma raban waxayna ka muuqata look at the way tfg parliament shares power. Hell we dont even allow snm ppl to sit under their own name. LOL.

 

Sxb way iska cad dahay what they want to do.

[Chief_Aaqil]

Cowke, my friend you are right.

 

These people are having nice parties in Hotels in Nairobi and Djibouti without asking us.

Its like the old days are back.

 

I remember the '70 when these leaders from Xamar went each month to Italy for party(they called it Conferenza or riunione) in Roma, Milan, Virenze, they would drink machiato, smoke the best sigarettes, speak Italian to everyone en everything. Every month there was a riunione with someone. All these riunione were in Italian so we from the North were completely isolated from it. And when we tried to learn Italian, they laughed at us, started saying Wafakuulo.

 

They never invited us to those parties. the worst of it they said celeenta cagaarka is not good for people and health. So it was made forbidden. So thats when SNM was started, to fight this discrimination.

 

Look at them now, All of them are chewing caleentii everywhere. And every week there is a rebel group fighting the rest and they dont even know what they are fighting for or about; Al-Shabaab,Al-Ithixaad,Ahlu Sunna,Wal jamaca,Hisbul islam, muttada al sadr, ICU,TFG,TNG,SSC,etc,etc.

[Jacaylbaro]

Originally posted by Cowke:

Calm the south down and invade the north and bring them under occupation.