Extension for the Somali Parliament: no alternative in the circumstances

[Herer]

Extension for the Somali Parliament: no alternative in the circumstances

 

The issue of extending the term of the Transitional Parliament has been a major element in Somali politics this week. The decision of the Transitional Federal Parliament (TFP) to extend its term for another three years starting from August 22nd has generated mixed reactions both inside and outside the country.

 

The TFG Council of Ministers, in a meeting chaired by Prime Minister Mohamed Abdullahi Mohamed ‘Formajo’, discussed the decision, noting the view of Parliament that the decision was necessary and a means to avoid any political vacuum over the end of the transitional period. The Council emphasized its own efforts in looking for strategic options for the way forward. The Council said it took note of the international community’s critical reaction to the TFP’s decision as well as the other challenges facing the Transitional Federal Institutions. It called its concern reasonable as any unilateral decision on the TFP’s extension might further failure for the institutions or of the constitution. The statement of the Council of Ministers also welcomed dialogue with the international community and its advice. It reaffirmed, however, that the decision on the way forward belongs to the Somali people as represented by its government. The Council of Ministers emphasized its own leadership role. It said it would continue the wide consultations it has started with different government institutions, various segments of the Somali People and the international community to prevent a political vacuum or any disruption to the functioning of Somalia’s Constitutional Institutions.

 

It is clear that the Council of Ministers’ statement is very carefully drawn up. It balances between the decision of the Parliament, considered quite legitimate internally, and the criticisms of the Nairobi-based international community which claims it was not consulted on the matter. Indeed, representatives of the international community in Nairobi made sustained efforts to prevent parliament passing its decision, sending a number of messages to MPs to try and stop the decision. When this failed, other attempts were made to try to persuade the administration of Puntland and the leadership of Ahlu Suna wal Jama’a to reject the decision of the TFP without bothering to look at any of the details of the decision.

 

In fact, Parliament initiated the process for extension of its term according to the provisions of the Transitional Federal Charter, and the 1960 constitution. Its decision does of course also need the endorsement of the President. He can either assent to the decision or refuse, providing a memorandum to explain his refusal. If the President accepts the decision it effectively means the Parliament will continue for another three and a half years, starting this month. An exceptionally high number of members of parliament (429) voted in favour of the motion. This suggests the Parliament would have the option of overriding any attempts to block their decision if necessary. For the moment, the Parliament has decided in a very clear and transparent manner what will happen in August 2011 when the terms of the Transitional Federal Institutions come to an end. At that point, Parliament in accordance with the decision will carry out its constitutional mandate and elect a President, a Speaker and his Deputies, confirm the appointment of a new Prime Minister and subsequently endorse a cabinet formed by the new Prime Minister.

 

Surprisingly, immediate criticism of Parliament’s decision came from the United States, the European Union, the United Kingdom, Italy and the Special Representative of the United Nations Secretary-General, all apparently scornful, even hostile to what they saw as independent thinking by the TFP. For many in Somalia this reaction appeared to be contrary to the spirit of understanding visible during the recent AU Summit and in the sideline meetings held on Somalia. The IGAD Summit, convened on January 30th, considered the issue of Somalia, and expressed its opinion on the need that the TFP consider extending its term. The IGAD communiqué was endorsed by the full AU Summit. Similarly, the mini-Summit convened by the AU Commission and the UN Secretariat and chaired by Prime Minister Meles reached similar conclusions. Hardly surprisingly, those following developments in Somalia find it difficult to understand the reasons for the outcry from the Nairobi-based international community. Similar reservations were also raised in a brainstorming session, attended by Somali politicians, at Wilton Park in the UK this week.

 

The issue here is not to say whether the Transitional Federal Institutions have done all they could to have moved the Somali Peace Process forward, and this, of course, is the main aim of everybody. It must however be understood that the international community cannot replace Somalis in this endeavour. It is, therefore, Somalis who must be given all the support necessary to accomplish what must be done in the country. And the international community can do a lot in this direction rather than try to take decisions for the sovereign people of Somalia who are best placed to decide what is best for their country. Indeed, it is the belief of “A Week in the Horn” that all the efforts of the international community should be geared towards assisting the Transitional Federal Parliament to implement its decision properly, and to help the Transitional Federal Institutions accomplish the remaining transitional tasks as completely as possible.

 

This week, the IGAD Partners Forum also held a meeting. The current Chair of IGAD, the Executive Secretary of IGAD and the IGAD Facilitator for Somalia Peace and National Reconciliation briefed the Forum on the decisions of the recent IGAD Extraordinary Summit, on the discussions and decisions on Somalia, the Sudan and developments in Kenya. The decision of the Transitional Federal Parliament to extend its term of office was raised. It was emphasized that there was no alternative to assisting the implementation of the TFP decision to enable Somalia to move forward without causing any political vacuum.

 

http://www.mfa.gov.et/Press_Section/Week_Horn_Africa_Feb_11_2011.htm#1