The current regime under the leadership of the President Dr Hassan Sheikh Mohamud has been in the process of promoting democracy in Somalia. President Dr Hassan Sheikh Mohamud has been keen to put in place universal election one person and one vote through right process based on the system and principles of democracy and hence the need to reform electoral regulation to ensure free and fair election. The claims by Guardian author in their recent article that “scrapping its power-sharing system and handing the president increased controls threatens to destabilize the fragile country” is MISGUIDED. This is because the author of Guardian did not understand the changes made in the constitution; Somalia moved from the parliamentary system to the presidential system. President Dr Hassan Sheikh Mohamud power given by the constitution is based on the presidential system. The author should know what to write, and the editor should check it. This imprudence may result liability. President is in control of one arm of government while the other arms of government remain independent to hold the executive accountable.
In addition, the Guardian author argues that “the amendments transfer the power from lawmakers, and grant the president increased control over appointments to the electoral commission, taking away input from federal states” this is also FALSE. This is because the amendments are meant to increase inclusivity and accountability in the government since the lawmakers and head of Federal Member States will be involved in vetting and approval of anyone appointed by the President. The author and the editor remain negligent because they should wait until the two houses approve the parliamentary chapter and the executive branch which includes the president and his powers, the prime minister and his powers. This indicates the inaccurate facts reported by the author, and the editor’s failure to fact check in order to comply with the professional ethics of journalism.
Further, the quoted argument of Afyare A. Elmi, a research professor at the City University of Mogadishu by the Guardian article author that a “large chunk of the country is missing in the amendment process and the constitution is built for south-central Somalia” is also FALSE. This is because the amendment process has been very inclusive with all the states and regions engaged in the process through their representatives. This has ensured that every region and state in Somalia has contributed to the constitutional amendments. This guarantees transparency in governance and empowers democratic institutions like the Parliament, grassroots governments, and the Judiciary. The only state, Puntland, which has refused to be in the consultation has MPs and Senators who were included and voted. The only viable reason that made Puntland refuse was personal and selfish interests of the Puntland president Mr. Deni.
Furthermore, the claim by some Somali intellectuals that, “AL-shabaab should be consulted in constitutional amendments of Somalia” is ridiculous and threatens the peace and stability achieved so far. How on earth would Somalia consult the group, an international terrorist organisation that contributed to its instability in the process of constitutional review? These kinds of remarks and arguments by Somali critics will derail from the path of development that has been set by the current regime.
Contrary to the Guardian article arguments, the Somali Constitution lays a foundation for legal and political framework, sets out the procedures and responsibilities for its amendment. The stakeholders are outlined in the Article 132, 133, 134 and 135 of the constitution of Somalia. These articles define who has the power to propose and enact amendments. Amendment of the Somali constitution can be done by:
- The legislative branch of the Federal Parliament including both the House of the People and the Upper House of Parliament represents the people’s will and has the authority to propose and debate constitutional amendments.
- The Executive Branch which includes the President, the Prime minister and the Cabinet of Ministers may also have roles in the amendment process, either through proposing amendments or ratifying them after parliamentary approval.
Further, the process for amending the Constitution of Somalia follows the following steps:
- Initiation of Amendment (Article 133) which is initiated by at least one-third of the members of either the House of the People or the Upper House.
- Review by the Oversight Committee (Article 133) which is done by Oversight Committee on the Review and Implementation of the Constitution.
- Debate and Approval in Parliament (Article 134) follows after the Federal Parliament debates the proposed amendment after the Oversight Committee’s review where a two-thirds majority in each house is required for approval.
- Presidential Assent (Article 134) which serves as a final check and balance in the amendment process.
- Public Referendum (Article 135) is done where certain amendments necessitate a public referendum.
- Constitutional Assemblies in Somalia are formed through clan leaders from across the country. Due to the security situation in the country with Al-Shabaab, the referendum is hard to be conducted in Somalia and thus constitutional assemblies represents the entire population of Somali.
In conclusion, the arguments in the Guardian article are false, unfounded and lacks any evidence. In fact, this is a mere speculation by a journalist who wants Somalia to remain divided and unstable. Failure by journalists and Somali academics to get executive positions in the current regime under President Dr Hassan Sheikh has made them to sponsor media speculations to paint a bad picture of the progress made so far. Contrary to arguments by the Guardian article author, the constitutional amendments are meant to give the people of Somalia more power and not the President. It’s the people who will elect both the parliament and the president and deputy president to ensure legitimacy of the elections. As recommended by some MPs the vice-president position has been replaced with a Prime Minister position to be appointed and dismissed by the President.
Contrary to previous concerns, the atmosphere in Somalia is gradually shifting towards one of resilience and determination. Communities are coming together to address grievances through dialogue and legal avenues, fostering a culture of reconciliation and inclusivity. International support for Somalia’s constitutional journey is also on the rise. This solidarity underscores the belief that a robust constitution is fundamental to Somalia’s long-term stability and prosperity.
Abdullahi M Hassan (Abdullahi Yabarow)
Abdullahiyabarow.blogspot.com
@Siigaale1
