Why Are People Opposing The Constitution?

[NGONGE]

The recent uproar over the Draft Somali Constitution puzzles me! The (alleged) spoilers are coming at it from all directions and with an endless number of contradictory reasons that it is hard to sift through them and work out who is wrong and who is right.

First, there are those that oppose it because they deem it needless and believe that the 1960 constitution is sufficient. This group cannot understand the need for a new constitution and believe that the money wasted on such a worthless exercise could have been utilized on better and more important areas.

 

Secondly, there are those that oppose it because they believe it is a constitution that has been forced on Somalia by foreign powers and suspect the existence of hidden agendas and motives. This group sometimes joins the first in demanding the application of the 1960 constitution.

 

Thirdly, there are those that oppose it because they believe not enough people have been consulted and that only six powerful men have run the show so far. They dismiss the constitution as a document that benefits the interests of these men (and their followers) and not Somalis as a whole.

 

Finally, there are those that question it because they heard that it does not fully fit with the trendy federalist system that is all the rage in Somalia these days. They simply demand more attention be given to their federal wishes.

 

Here is what puzzles me about all of this:

• The idea of a draft constitution began a long time ago and was reinforced in the Kampala Accord, The Roadmap To Transition, The two Garowe Principles and finally approved and confirmed in the London Conference.
• It was clear from day one that the TFG will supervise, monitor and manage the drafting of the constitution (along with the chosen commission and with the help of the infamous Mahiga).
• The dates for the presentation of the final draft were agreed almost a year ago and, since the Somali Parliament did vote for the Roadmap, it stands to reason that this same body had endorsed the clause about the constitution (likewise with all the subsequent meetings such as Garowe I&II).
• The idea of the creation of a constituent assembly was also included in most of these agreements (Kampala, Roadmap, Garowe and London).

 

Now I may have been a tad sketchy with some of these facts but this is what actually happened and it has been almost a year in the making. In fact, even the term “spoiler” was mentioned by Mahiga in one of his previous statements about the Roadmap late last year (as in: he fed that line to Hillary). So, if all these seasoned Somali commentators had read the Kampala Accord, examined the Roadmap and followed the two Garowe conferences, why are they wailing today as if this draft constitution and all the rules accompanying it is something new that has been plucked out of thin air? What changed here?

 

Of course, Mahiga (as he did late last year) is warning all the spoilers and, to be frank, I reckon he has a point. In the early days of the Roadmap, all stakeholders were invited to participate and give their take on things. Likewise, the offer was repeated in the Mogadishu and both Garowe conferences. The vast majority of these seasoned commentators (with the Samatar brothers at their head) could have joined and given their opinions and expertise. They didn’t and rather chose to shout from the sidelines or on newspaper articles. As seen above, they are questioning anything and everything to do with the Roadmap and the draft constitution. But why didn’t they do it back when they had the opportunity? Why start now when the draft is ready and is about to be discussed by those chosen to do so?

 

Where I get more puzzled is with the target for opposition. Surely if you agree with the Roadmap you would agree with all its parts, what is the point of waiting up to this moment in time before causing all this furor and complaining about (what seems) a foregone conclusion?

 

In fact, even if one allows for the fact that the constitution sounds dodgy and that some amendments must be made, what do the “spoilers” offer here? In the stuff I read so far, I have seen some who dismiss the entire Roadmap and want to start a whole new process, I have seen some that want to ditch the federal idea and return to the old system of the republic and even some that want to give the clan system another go. Alas, none of these suggestions are practical if, as I suspect, they all also want the transitional government’s mandate to end by August 2012.

 

Solve this quandary for me please. Tell me what do I not understand here?

[sharma-arke451]

you forgot the religious reason, and i believe that is what you miss.

[NGONGE]

^^ True. True. Were the wadaads excluded from the early consultations on this whole thing, and, did they get to have a peek at the current draft yet?

[Gheelle.T]

War illaa iyo 2004 ayaa la soo waday constitution-kan, in fact it was one of the mandate of the TFG on its inception. What you dont understand is Somalis and their petty divisions.

[Carafaat]

Over 60 scholars have given their recommendation on the constitution back in 2010. Nothing was done with their points of critism. So one can do little then reject this UNDP/UNPOS driven farce. Better for Somali's to establish their own process post august 2012.

 

With real ownership from the real actors. If necessery we do it under a Qudhac tree in *********.(P.S. LST, why block

Wanlawey.n City?)

[sharma-arke451]

NGONGE;829013 wrote:

^^ True. True. Were the wadaads excluded from the early consultations on this whole thing, and, did they get to have a peek at the current draft yet?

not only the wadaads, somaliweyn is yet to see it. BTW, have you seen a copy of the draft, yourself?

[NGONGE]

^^ I've seen the one that has been posted on this site but I still have no idea if it's the real one. Regardless, it is not what people are questioning (as far as I can see). They seem to be against the idea itself, saaxib.

 

GT, 2004 waxa ka danbeeyay Roadmap and Garowe principles. All these people had a chance to take part in those discussions and make their feelings clear.

 

(Now Carafaat) Were these people excluded on purpose? Did they offer to take part in the early delebrations or did they just wake up?

[kingofkings]

i simply oppose it because i'm not the overlord of somalia :mad:

[uchi]

Because most of these "elders" and government officials are all illiterate fools~ We are giving these old men too much credit~ they are

honestly only there for a handout, making any hard/final decisions is not in their dna.

[NGONGE]

uchi;829025 wrote:

Because most of these "elders" and government officials are all illiterate fools~ We are giving these old men too much credit~ they are

honestly only there for a handout, making any hard/final decisions is not in their dna.

I understand that and (mostly) agree with it. But is it not a little too late to complain? August of last year should have been the time for all this noise. Complaining today makes Mahiga seem right in his "spoilers" label.

[Che -Guevara]

A nation off illiterates and self-serving politicians and no institutions to educate the public.

[uchi]

Trust me, I know first hand, it's a really repulsive industry. Mind you they are all the same in SL, PL & TFG.

 

Our only hope is for the diaspora to return.

[A_Khadar]

^^ Only wish clean Diaspora.. Many I saw in here aren't that helpful to return either..

[Liibaan]

The vast majority of Somali People are against the Mahiga's constitution and Road map. Most somali stakeholders were not part of the process like samaters, somali Aqoonyahan, Somali clerics/culumo, Civil society, youth, Azania, Maakhir, Ximan & Xeeb, Somaliland, Awdal, Gedo, Hiiraan, KHaatumo, Bay/Bakool, etc

 

Even the few that took part of the process like Galmudug and Puntland are now against the Mahiga Constitution.

 

 

Faroole " Our Preliminary Observations Reveal The Draft Doesn't Look Like Constitution For A Country"

 

[NGONGE]

Can the spoilers stop the march of Mahiga?