'Waxa la qariya, qurun ba ku jira'. Dastuurka maxaa laga qarin?

[Miskiin-Macruuf-Aqiyaar]

 

 

Best questions being asked. Waana su'aalaha aan la qabo. Waa in la kala caddeeyaa waxyaabaha ku qoran. Waa in la sheegaa dadka soo qoray. Xeeldheeriyaasha soo qoray waa in magacyadooda lasoo bandhigaa. Otherwise dad kale soo qortay, Soomaalina masoo qoranin.

 

Marka waa run, wax ayaa la kala qar qariye, lana qarinaayaa. Waa axdi lagu deg degay. Waligey ma arkin axdi kan ka hor saan camal loogu deg degay, oo sanka la iska gilinaayo. No.

 

Qofka koowaad hadlay aad iyo aad si fiican ugu hadlay. Wuu ku mahadsanyahay.

[xiinfaniin]

Su'aalaha YouTube ka waxaa ka muhiimsan kuwa ergadu is weydiinayso markay hawsha guda galaan .

[Carafaat]

hope they get enough time to read and study the document and get some legal advice before they adopt anything.

[Cambuulo iyo bun]

People do Carafaat= Qodax Qarax=Cawke make sense

[Carafaat]

Cambuulo, how you mean? havent you followed any news, 150 old traditional clan elders will get the draft during a meeting and then adopt at the same time. Its not like they read it before leaving to Muqdisho cause it wasnt public.

[Cambuulo iyo bun]

u know what i mean

[Miskiin-Macruuf-Aqiyaar]

Somalia’s Draft Constitution: a Case of Local Priority VS Regional and Donor interest

 

The latest prescription to re-engineer the re-emergence of Somalia as a weak and divided state is drawing a strong resistance from the wider Somali public as they oppose the new “draft Constitution” and characterize it as constituting an unconditional surrender of the sovereignty and territorial integrity of Somalia. If it is the Somali people’s sacred duty to safeguard, protect and defend the Constitution and to maintain its supremacy as the embodiment of the will of the people, therefore it is only reasonable for the people of Somalia to participate in and speak for or against the constitution-making process.

 

So when the Somali people spoke out against not only the draft constitution but also against the roadmap, the international community issued a press release designating any Somalis who oppose the draft constitution as “spoilers” with potential undisclosed consequences. This will lead to the radicalization of the society and will surely shift support to the extremist groups like Al-Shabaab.

 

Some allege that the International Community is more interested in to showcase for the outcome of the $60 million spent on the draft constitution than the quality of the future supreme law of a nation, whereas the Somali people oppose it for various reasons including as it stands this draft constitution polarizes Somalia further and is a recipe for renewed civil war. Moreover, Somalis want to have a say on the draft constitution as this represents the potential document that will guide future generations to maintain harmonious social and political life.

 

Since the collapse of the Somali government in 1990, the Somali people have been struggling to imagine an alternative system of government, one that is just and acts according to the will of the people. In this effort, the Independent Federal Constitution Commission (IFCC) has been created and many conclude today that this commission has failed completely to produce a document that can be embraced by the masses. Many inSomaliafeel that major constitution making principles such as defining the principal players; public participation and transparency have all been violated and instead of seeking public support, tactics such as misinformation, arm-twisting and threats are employed.

 

The IFCC could have drawn analysis from the experience ofSouth Africain terms of the constitution making process as SA experienced decades of political violence. For instance, in SA, there were preliminary discussions and negotiations between the Afrikaners, the Nationalist Party and the ANC prior to the constitution making process, and in the end an interim constitution similar to Somalia’s Transitional Federal Charter was adopted by all, which mandated the formation of constitutional assembly to draft a permanent constitution within two years. When the Assembly was formed it undertook a major outreach and educational effort to solicit opinions about the constitution. The public responded with two million submissions for over two years, whereas inSomaliathe public was never consulted during the constitution making process or during the last eight years of drafting the constitution.

 

In this respect, the IFCC was very much silent on disseminating information and creating awareness and educational pamphlets pertaining to the draft constitution, not only that but Somalia’s constitution making process was kept in secrecy, it is only now that the recently formed committee of experts (CoE) started token consultation with the public with little input and little participation and this only coincides with the agenda to end the transition and to merely show the international community that the public was consulted.

 

With so much at stake in the lives of the Somali people and the future of the Somali state, many skeptics point to several short-comings of this draft constitution. According to the new constitution, the system of governance to be adopted should be based on federalism, mandating the creation of states. Accordingly, the existing 18 regions have no legal basis within the context of the new constitution. To qualify for a state status, two or more regions must form a political community. Yet, the capacity for any region to organize its political life has been incapacitated by the deterministic approach of the International Community to the Somali conflict. With the recent flare-ups of civil strife in the regions of Sool and Sanaag, the only entity, Puntland that had claimed to have fulfilled “the state conditions” under the new constitution is now also in question; hence it begs to ask, in the absence of states in Somalia what states are to be federated?

 

From our perspective, the needs of the Somali people to overcome past governance deficiencies and authoritarian injustices could have been met by having a unitary system with decentralized regional autonomy that brings self-governance to rural districts and municipalities. This is what all Somalis are yearning for and not the vague federalism in the draft constitution.

 

Moreover, Constitution making process is undertaken normally after negotiated settlement is reached by parties to the conflicts, so as to iron out major differences and address areas of contention and disagreements in the constitution, in the case of Somalia, none of that nature took place or even was there an acknowledgement of past grievances.

 

In addition, the transparency, openness and the participatory nature that is required by the draft constitution was compromised by the hastily introduced roadmap, which consequently morphed the draft constitution as part and parcel of the roadmap to end the transition rather than treating the draft constitution as a sacred document for the people by the people.

 

Continuation on the denial and arm-twisting path will only guarantee the continuation of the current political turmoil and may in fact lead to a new revolt against the foreign forces inSomaliaand will undoubtedly and unnecessarily continue to shed blood inSomalia. The priorities for the Somali people are clear: a strong Somali state, at peace within and with its neighbours. Weakening the Somali state and designing divisions in the form of new states inSomaliais not the answer. Regional and donor priorities should be urgently re-evaluated.

Xigasho

[Miskiin-Macruuf-Aqiyaar]

U.N. must support the 1961 Somali Constitution

 

The draft national constitution under consideration for Somalia — one that is supported by the United Nations — would create further destabilization, which could result in that country's further descent into chaos.

 

Somali clans want peace and reinstitution of the 1961 Constitution. It is the most viable option to initiate a lasting peace and credible governance for all Somalis. The Somali Constitution was adopted in 1960 and ratified in 1961 after a nationwide election supported by all Somalis.

The majority of the Somali people believe that the draft constitution does not represent all Somalis, and they are concerned about the existence of the nation and its people who had suffered at the hands of the international community in the past when Somalia was divided into five colonies.

 

It is that fear that concerns all Somalis today. Also, the situation has created mistrust and suspicion among clans and sub-clans who fear their rivals might dominate the new government.

 

Somali people are not inclined to participate in this complex draft constitution, which is based on a federal system that is, itself, contrary to the original Constitution. The draft constitution is contrary to the social fabric of the Somali people and its governance. Somali people’s voices must be heeded and peaceful demonstrations through the country must be allowed.

 

Somalis need to replace the current Transitional Federal Government with a credible representative government based on the 1961 Constitution to establish a permanent government and avoid civil war at all cost.

 

According to the 1961 Constitution, there are eight regions, not to mention territories

under Kenya and Ethiopia, that Somalia has legitimate claim to.

 

Analyses indicate one and one-half regions, plus two warring factions with no region under their control, are signatories to this draft constitution, while one major region abstained.

 

Can people in one and one-half regions draft a constitution for the other six and one-half regions without their consent? The minority would decide the fate of a nation of more than 10 million people.

 

The answer is simply "no," especially when more than two-thirds of Somalia is controlled by rebels who refused to participate in the process.

 

Failure is inevitable when so many Somalis are not engaged to participate in the process of forming a permanent government.

 

If the draft constitution is put forward, it will create a federal system that is not compatible for Somali society. It encourages divisions of a homogenous people and it will create a vicious clan rivalry that will lead to the formation of uncontrollable weak states that will find excuses to secede.

 

The international community is threatening — again — to further divide Somalia or partition it by imposing a hastily drafted constitution, but Somalis are not willing to take face value on the international community's promise because they feel they have been betrayed in the past.

 

The international community says the Somali people must determine the shape of their government. There is no quick fix to this and the U.N. must realize reinstituting the 1961 Constitution is the only viable option to avoid imminent chaos.

 

Somalis need to put their differences aside and demand a nationwide peace meeting in Mogadishu, where Somali stakeholders, including the rebels, engage in a serious debate on how to move forward to build a credible government.

 

Somali people cannot afford to miss this opportunity.

 

Late last month, the Center for Democracy and Political Reconciliation in Somalia hosted a teleconference in Lewiston which was attended by Somali expatriates now living in the United States. The group gathered to discuss their homeland's situation, the new constitution and ways to enhance and strengthen communications between expatriates and those living in Somalia. The goal of the group is to create unity among the voices risen against the draft constitution.

 

In 1992, the CDPRS suggested that the U.N. consider the United Somali Congress, the only party that had authority over the two warring factions, take the lead to resolve the conflict. The U.N. rejected our proposal.

 

Today we challenge the U.N. to facilitate a large and inclusive conference in Mogadishu, where all Somali factions are invited with no conditions attached in order to engage in serious dialogue and debate on reinstituting the original Constitution.

 

We equally demand the U.N. lift the arms embargo so that Somali people can defend themselves from rebels who refuse to participate and compromise.

 

The CDPRS has proposed the adoption of the 1961 Somali Constitution to the U.S. State Department for over a year. We are hopeful of its support.

Xigasho

[Paragon]

Fad ama ha fadin wallee waa lagu fadsiin. Farahaagu firdhis kaaga ma haraan. Dawlad ma rabno, dastuur ma rabno socon mayso - kuwa nabad ay cadowga ku tahayna waddada ay leeyihiin ayaa la marinayaa.

[Carafaat]

Paragon and Xiin, except for calling everyone a spoiler why dont try to answer the sincere points made by the many scholars and intellectuals?

[Miskiin-Macruuf-Aqiyaar]

 

 

Su'aale kale oo muhiim ah la isweydiinaayo.

[Miskiin-Macruuf-Aqiyaar]

Somalia: Rescuing the process of transition

 

For a constitution to be created successfully, the process must be transparent, inclusive and thoroughly debated

.

 

Sheikh Bashir Salad, the chairman of the Council of Religious Scholars of Somalia, has issued a statement criticising the content of and the process for legitimising the international community-funded and controlled draft-constitution of Somalia. He has called for openness and transparency in the constitution-making process and demanded that Somalia's religious scholars be consulted. Civic and political forces and several clans followed the religious scholars and made similar demands. In response, the international community has released a warning letter, calling dissenters as spoilers and threatening to punish them. This adds fuel to the fire.

 

Two factors are behind the deep suspicions that many Somalis have expressed about the draft-constitution. First, Somalis perceive that they do not own the draft-constitution. From its inception in 2005 to the present, the United Nations Development Programme (UNDP) and the United Nations Political Office (UNPOS) led by the Special Representative to the Secretary General (SRSG) have controlled the constitutional process of Somalia.

 

Second, for many Somalis, the fact that the draft-constitution is identified with the SRSG, Ambassador Augustine Mahiga, and the six so-called "stakeholders" is sufficient for its rejection.

 

Then came his recent remarks against Islamist politicians who formed the Daljir Forum, parliamentarians and other leaders who portrayed the SRSG as anti-Islamic and undemocratic. He made very clear his dissatisfaction to see any of these leaders running. And this came at a time when the widespread belief among Somalis was that the SRSG engineered the Kampala Accord, which unseated one of the most popular governments in Somalia in recent years - and the roadmap that has nullified nascent Somali institutions such as the parliament - only to create and empower six individual politicians.

 

Moreover, the SRSG's liberal use and abuse of the label "spoiler" against anybody who questions his approach created a credibility deficit for the UN and, thus, for the constitutional process. For many, the roadmap recycles the status quo, as these six individuals have manipulated the process by corrupting the selection of the parliamentarians and the constitutional process.

 

Third, many Somalis question the wisdom behind rushing a draft-constitution at this time. Somalia's past governments have prepared at least three constitutions between 1960 and 1990.

Of these, the 1960 constitution is the most democratic and legitimate because it had been ratified by referendum in 1961

.

 

Content and the process

 

For the record, I believe that the whole exercise of making a new constitution for Somalia is unnecessary. There was no need to invest eight years and millions of dollars. If the international community wants to promote democracy and if Somalis want to respect and use it, the 1960 constitution (with some amendments) would be the best and the most efficient way to achieve both.

 

By and large, the contents of and the process for legitimising the proposed draft-constitution are flawed. The drafters prescribe the wrong institutions for regulating the conflict, and

they have arbitrarily removed a number of articles from the 1960 constitution without deliberation

.

 

With regards to the process, the SRSG and the stakeholders are not open and transparent as they have not yet released the revised draft to the public. Moreover, the seven signatories of the roadmap want the constitution to be adopted by a mini referendum of 825 members of a constituent assembly who would vote on whether to adopt the draft constitution. For many Somalis, this is not acceptable.

 

Content-wise, the new constitution proposes a federal system, bicameral legislature and parliamentary model.

 

Although some are passionate about it, the debate on federalism, decentralised unitary system and unitary state is too abstract for the layperson. But Somalis in all regions want three basic and universal demands to be met. Regardless of the region they come from, Somalis want to get access to basic services in the cities and regions they live in; they need to get a fair share of the development projects; and they demand to elect their representatives locally, regionally and nationally. Both decentralised unitary systems are more effective and efficient when it comes to satisfying the three demands that Somalis want. Somalia also lacks most of the conditions that would necessitate federation. Therefore, imposing a federal system based on clan-based gerrymandering of regions will create more problems than it solves - it will add a territorial layer to the already complex situation.

 

Furthermore, the draft-constitution and the subsequent political agreements propose a bicameral legislature that represents regions. It is imperative to revised this poorly thought out institutional design. Instead, the upper house should represent clans because the most salient identity that has to be represented within the political system of the country is the clan identity. There are cases where upper champers represent socially defined groups. Unlike the United Kingdom, Somalis are not aristocrats, but there are multiple clans contesting for meagre economic and political resources. Somaliland has successfully created an Upper House that contributed to the peace. Whether this Upper House should have legislative or advisory functions is open for debate, but it is necessary to institutionalise clans into the political system.

 

The lower house, on the other hand, now represents clans. This, needless to say, must change as it has to represent the population through a closed-list, one national constituency, and proportional representation. This means that, for the lower house, political parties would compete for national seats. This type of electoral system is suitable for countries that are recovering from conflicts because it is, according to Arend Lijphart (a leading scholar of comparative political science), simple, fair and inclusive.

 

The draft-constitution also proposes a parliamentary system for Somalia. The intention is to keep the current ineffective system that divides the executive into a president and a prime minister with minor changes. Currently, legislators elect the president and the president appoints a prime minister. However, most of the substantive powers are with the Council of Ministers, though the president has the final symbolic signature. The practice, however, has been that each of the past presidents has managed to turn his symbolic powers into a substantive one, thus making the process conflict-ridden.

 

Eventually, the choice between the presidential and parliamentary systems is about reconciling the value of stability of the executive (the presidential system is stronger in this) and the value of accountability of the executive to the legislature (where the parliamentary system is stronger).

 

If history offers any lesson, it is that a divided executive (president and prime minister) will not work in Somalia. As the examples of both Somaliland and Puntland show, a presidential system will work better in the Somalia context than the current divided executive. Some of the new political parties call for a presidential system. But, even if the current divided executive is to be kept, the president's power to dismiss the prime minister - a clause included in the 1960 constitution - will have to be included in the current constitution in order to stabilise the system. Either way, more public discussion is needed.

 

 

Moreover, using the 1960 Somali constitution as a point of reference, drafters arbitrarily removed many articles from the draft-constitution that was published in July 2010. The articles that have been removed silently are wide-ranging, thus affecting governance, Islam, citizenship and the powers of the different institutions. This further raised people's suspicions.

 

Finally, with respect to the process, the idea that a temporary and arbitrarily selected 825 members of the so-called "constituent assembly" would "ratify" the constitution by "way of yes or no vote" makes the process illegitimate. Technically, one can argue that what is being proposed is not a constituent assembly - such assemblies make constitutions. Instead, it is a sort of a mini-referendum and that compromises the legitimacy of the process. The drivers of the process (SRSG and the six Somali politicians) must revisit their terms of reference when explaining it to the public.

 

Potential and dangerous implications

 

Somalis have genuine issues with the content and the faulty process employed to legitimise the draft constitution. If the international community does not listen and address these concerns, two negative consequences might result.

 

First, as has already happened, actors that oppose the whole constitutional development of the country and a number of notorious warlords may hijack the public dissatisfaction against the constitution. As the press has been reporting, this might give an opportunity to those who want to re-ignite the active conflict. Somalis do not want to see warlords waving clan flags anymore, so the international community must be cautious not to create an opportunity for them.

 

Second, even if potential conflict is contained, and the constitution is forced on the people, it will be considered illegitimate in the eyes of many Somalis. Repression will only drive those resentments underground or the people might support the negative forces. This is the last thing that the Somalis want. The small but significant progress should not be jeopardised.

Read more

[Carafaat]

[Carafaat]

What is very strange is that those who were supporting this un-transpatent and secretive process are now saying things have changed, 9 montgs later?

 

Abdiwali has hidden the constitution for months from the public? Did his goverment change it in that period? Xiinfaniin please clearfy when the pirates have been mugged.

[Xaaji Xunjuf]

Carafaat had a point when he made this topic now the pirates are crying waxba la qariiyey wixi la qariyey ba si if baxay hada na wa taa so uraysa oo la cabaadayo:D