The Somali Constitution on Federalism

[N.O.R.F]

I'm assuming this is the version approved by the Somali Parliament last August '12.

 

http://somalianews.files.wordpress.com/2012/07/120708-harmonized-draft-constitution-eng-tran-_incl-errata-changes.pdf

 

Article 49. The Number and Boundaries of the Federal Member States and Districts

(1) The number and boundaries of the Federal Member States shall be determined by the House of the People of the Federal Parliament.

(2) The House of the People of the Federal Parliament, before determining the number and boundaries of the Federal Member States, shall nominate a national commission which shall study the issue, and submit a report of its findings with recommendations to the House of the People of the Federal Parliament.

(3) The nomination of the commission referred to in Clause two shall be preceded by the enactment of a law by the House of the People of the Federal Parliament, which shall define:

(a) The responsibilities and powers of the commission;

(b) The parameters and conditions it shall use for the establishment of the Federal Member States;

© The number of the commissioners, requirements of membership, nomination methods, office tenure, and their remuneration.

(4) The number and the boundaries of the districts in a Federal Member State shall be determined by a law enacted by the parliament of the Federal Member State, which must be approved by the House of the People of the Federal Parliament.

(5) Federal Member State boundaries shall be based on the boundaries of the administrative regions as they existed before 1991.

(6) Based on a voluntary decision, two or more regions may merge to form a Federal Member State.

In relation to Jubbaland has:

 

1. A Commission been established?

2. Has the relevant law been enacted by Parliament?

[Carafaat]

No, there is no commission or a law in place yet. All other regional admin so far have been appointed by the central admin(Baidoa, Beletweyn).

The whole Jubbaland issue is questionable. There are not even Provincial(Gedo, Jubbada dhexe and Jubbada Hoose) admins in place, so how can one already decide which direction to take? Its a clear sign that 'Jubbaland' has nothing to do with the genuine wish for governance and law, but is rather a coupe d'etats using "federalism" as the gun.

[N.O.R.F]

Big statement there Carafaat.

 

I haven't been keeping up but the bombardment of articles on this have all failed to address the process required under the constitution. Is what is taking place in Kismaayo in line with the constitution is a question I have asked a couple of times on here. Have reer Kismaayo allowed a reasonable timeframe for the law to be passed through Parliament?

[xabad]

Why are you so emotionally invested in the jubbaland case ? i thought you were from SL.

[N.O.R.F]

Am I?

 

I'm a also a part time politician. Somali politics is blurred by clan interests (which is what Jubbaland situation is about). But, on this forum, no one has flagged up the constitutional requirements for forming a federal state. Its been a lot of finger pointing and loud noise.

[Tallaabo]

So the whole Jubbaland thing is unconstitutional?

[N.O.R.F]

Thats the question I am asking.

[Daqane]

Norf it is kind of obvious isnt it?

But the federal parliament will clarify...

 

Baarlamaanka Federaalka Somalia oo maalinta beri ah guda galaya arrimaha wax ka bedelka dastuurka

 

Xildhibaannada Baarlamaanka Federaalka Soomaaliya ayaa maalinnimada berri ah si rasmi ah u daah furaya dib u eegista ay ku sameynayaan Dastuurka Dalka kaasi oo ay horey si KMG ahaan ugu ansixiyeen ergo gaareysay 750 xubnood.

 

Furitaanka kulankan daah furka u ah dib u eegista Dastuurka Dalka ayaa waxaa lagu casuumay dhammaan gudiyadii madaxa banaanaa kuwaasi oo marti ku noqon doona madasha islamarkaana Xildhibaannada kalasoo qeybgali doona kulanka oo si rasmi ah u bilaaban doona 9ka subaxnimo ee maalinnimada sabtida berri ah oo ay taariikhdu ku beegantahay 9ka bisha March 2013.

 

Gudoomiyaha Baarlamaanka Federaalka Soomaaliya Mudane Maxamed Cismaan Jawaari ayaa yiri :- “dib u eegista uu Golaha Shacabku ku sameynayo Dastuurka Dalka waa mid inoogu fadhiga muhiimad weyn waayo qeybihii kala duwanaa ee Shacabka Soomaaliyeed oo aynu la kulannay intii uu xirnaa kal fadhigii Koobaad ee Baarlamaanka talooyinkii ugu badnaa ee ay soo jeediyeen waxaa ugu muhiimsanaa inaan sida ugu dhaqsiyaha badan dib u eegis ugu sameyno Dastuurka Dalka hadaba inaga oo fulineyna codsigii shacabka ayeynu maalinnimada berri ah si rasmi ah u daah furi doonnaa dib u eegista Dastuurka”

Ugu dambeyntii Mudane Maxamed Cismaan Jawaari Gudoomiyaha Baarlamaanka Dalka waxa uu ku booriyey shacbiga Soomaaliyeed meel walba oo ay joogaan iney si toos ah isha ugu hayaan qaabka ay u socdaan howlaha Baarlamaanka islamarkaasina aysan shacabku hada iyo goor ka leexan iney talooyinkooda sidan oo kale toos ugusoo gudbiyaan Gudoonka Baarlamaanka ayadoo Golaha shacabkana uu had iyo goor u taaganyahay inuu sidan oo kale ugu shaqeeyo talooyinka qeybaha kala duwan ee bulshada Soomaaliyeed.

 

Dib u eegista lagu sameynayo Dastuurka Dalka ayaa waxey socon doontaa in mudo ah waxaana mudadaasi ay socoto laga doonayaa dadweynaha Soomaaliyeed iney joogti ula socdaan qodobada uu Baarlamaanku uu had iyo goor ka doodayo si ay ugasoo dhiibtaan talooyinkooda ayadoo sidoo kalena ay jiri doonaan kulammo dhexmari doona Gudoonka Golaha Shacabka iyo Bulshada qeybaheeda kala duwan kuwaasi oo aragtida iyo talooyinka shacabka lagu dhageysan doono.

[The Zack]

N.O.R.F;925130 wrote:

In relation to Jubbaland has:

 

1. A Commission been established?

2. Has the relevant law been enacted by Parliament? .

No, a commission has not been established. You are thinking having a commission is a prerequisite for establishing a federal member state? That is not the case, the two don't depend on one another.

 

"Based on a voluntary decision, two or more regions may merge to form a Federal Member State"

[Baashi]

N.O.R.F;925130 wrote:

Thats the question I am asking.

^

Good question! What's your take on your question Norf? Let's hear it awoowe . If you haven't read the document in its entirety I guess quick scan on your part is in order.

[xiinfaniin]

LOL@North

 

NORF, the part time politician, don't disappoint the gallery awoowe. Like Baashi, says, lets hear it ya saxibi

[N.O.R.F]

The Zack;925133 wrote:

No, a commission has not been established. You are thinking having a commission is a prerequisite for establishing a federal state? I don't believe that is the case, the two don't depend on one another.

 

"Based on a voluntary decision, two or more regions may merge to form a Federal Member State"

The document says the commission, nominated by Parliament, will make recommendations on areas applying to become Federal states. That sounds as though it hasn't been done.

 

Point 6 you put in bold should be part of a Law enacted by Parliament. Sounds like this hasn't been done either.

 

Bashi, enlighten me awoowe.

[xiinfaniin]

Baashi, what these part time politicians ignore is that no one claims that Jubbaland initiative is unconstitutional. In fact, the constitution is on the side of those leading the initiative. The Jubba noise is pure political. Read the below snippets from the latest UN report on Somali political/security progress...

 

Excerpts, from Report of the United Nation Secretary General on Somalia:

 

6. Meanwhile, the authorities in Somalia have started developing plans for the

establishment of regional administrations in areas recovered from Al-Shabaab.

President Mohamud indicated his intention to take a “bottom-up” approach,

whereby local administrations would be formed first and involved in the selection of

regional actors. The Government plan is to deploy local parliamentarians into their

constituencies to assist with the setting up of interim, 90-day administrations that

would be replaced, in due course, by locally elected bodies.

 

7. However, with regard to the Juba and Gedo regions, an initiative led by the

Intergovernmental Authority on Development (IGAD) has been under way to form a

“Jubbaland” regional administration. Efforts were made to harmonize these

approaches, including during the visit of the Executive Secretary of IGAD to

Mogadishu on 16 October, where he met with President Mohamud. On 6 December,

the IGAD Joint Committee on the Grand Stabilization Plan for South-Central

Somalia, which now includes the Somali authorities, issued a statement in which it

committed itself to ensuring effective coordination in the implementation of the

IGAD stabilization plan, which includes establishing local administrations and

promoting reconciliation. The Committee developed a draft memorandum of

understanding that provides a framework for the implementation of the Plan; this

was submitted to the Somali authorities for consideration. Meanwhile, a

Government delegation travelled to Kismaayo and consulted with local players on

the formation of local and regional administrations in southern and central Somalia.

[xiinfaniin]

I still await NORF's constitutional analysis on the Jubba initiative. He seems to disagree with Zack on why Jubbaland is as consitutional as Puntland

[N.O.R.F]

Xiiny, did I put you on the spot saxib?

 

The question stands (don't confuse a question with a claim ).