Date: Fri, 3 Oct 2014 23:30:24 +0200
Clan Federalism: The Worst option for Statebuiling in Somalia
by Mohamud M Uluso
October 03, 2014
The debate among Somalis over clan federalism (clan segregation) hasn't
produced common understanding and consensus for final bargain because it
takes place in vacuum, outside formal democratic process. The federal
government has shirked from its leadership responsibility to organize and
lead national debate on federalism for legislation as set forth in the
provisional constitution.
For the iniquitous role of clan state units in the Somali politics and
development, tensions are growing everywhere. Somaliland is in military
offensive; Puntland and Galmudug states are in high alert for war over
Galkaio airports; Sub clan Wa-esle (Wacaysle) of Abgal came out strongly
against Mudug and Galgudud State; Kismaio and Baidoa reconciliation
conferences collapsed on the eve of Marehan clan conference in Garbaharey
(Gedo).
Statebuilding process is meant to restore Somali sovereignty by fusing the
political, military, and economic powers dispersed in different clans. The
Somali Constitution prescribes that Somali territory and sovereignty is
inviolable and indivisible. It prohibits the claim of sovereignty by a
person or group of public for self-interests. National power should be
exercised in accordance with rule of law and through institutions, the
foundation for human progress. Many renowned former Somali political
leaders, religious leaders, traditional leaders, and intellectuals have
explained the inherent danger of clan federalism in Somalia.
Clan federalism is far worse than the current 4.5 clans' power-sharing,
former military dictatorship, former clan-based rebel movements and the rule
of militant group, Al Shabab. It devalues patriotism and citizenship,
venerates clan identity, and multiplies number of minorities and human
rights violations in every district. It emboldens neighboring countries with
territorial ambition. Cartoonist Amin Amir highlights this point in the
Cartoon. This threat could inspire popular support for nationalistic
movements including Islamic rule in Somalia.
Somalia is blessed with all qualities - common language, religion, culture -
for democratic decentralized unitary system of governance. The challenge is
to demonstrate that common goods from Somali identity outweigh clan
identity's benefits and how to deal with the misuse of clan identity for
violence, punishment, discrimination, injustices, division, and abuse of
political power. Like any crime, these offenses and sins could be confronted
with legitimate means.
In contrast, many Scholars have identified and documented complex problems
and conflicts associated with clan based federalism. These problems include
(a) the impossibility of making clan and administrative boundaries
congruent, (b) tension between majorities and minorities clans in districts,
(c) exacerbation of the plight of minorities, (d) solidification of clan
cleavages on political, institutional and territorial basis, and
reproducible permanent clan identity for creating differences in society (e)
Revenge for the abuse of a kin by others, (f) impossibility to develop
countrywide civic citizenship, (g) clan mobilization for secession after
successful formation of group identity and cohesion, leadership, government,
parliament, and armed forces, and external support, (h) difficulty of
countrywide mobility of citizens, (i) turning constitutional conflicts into
clan conflicts. These problems and others like contest between big and small
states, handling of foreign affairs, regulation of domestic and foreign
trade, are good indicators for the failure of clan federalism.
Ethiopia, the United Nations, and European Union have shaped the federal
member states in South Central Somalia, while the Federal Parliamentary
Committee and the Independent five members Commission on Constitutional
Review are yet to start their tasks.
<http://www.voasomali.com/archive/martida-makrafoonka/latest/2609/3135.html?
id=2448814> An interview with VOA, Chairman of the Parliamentary committee
Hon. Mariam Arif Qassim has appealed to the Somali people to effectively
take ownership of the constitutional review process. But, the Federal
Parliament and the Attorney General have yet to publish for public
engagement the official final version of the Provisional Constitution after
the postponement or amendment of certain articles.
The Chairman suggested that at least six issues need public debate and
decision: 1. Definition of federalism; 2. The roles of the president and
prime minister; 3. Taxation Power and National Resource Sharing; 4. Right to
Citizenship; 5. Power allocation between federal government and federal
member states; 6. The status of Mogadishu, the capital under federal system
based on clan hegemony. The above undefined issues challenge the legitimacy
of existing federal government and shaped regional states.
The absence of genuine inter-Somali negotiation on Statebuilding mission has
prevented the opportunity to show how clan federalism cannot guarantee the
realization of the Bill of Rights and the five constitutional principles for
federalism under article 50. Among them include verification of public
confidence and support to various levels of government, delivery of similar
levels of services and support from the federal government to every part of
the country, fair distribution of resources, allocation of powers and
responsibilities to the most effective level of government.
Sometimes the Somali discourse over clan federalism veers to the assertion
that clan X (region X) supports federalism while clan Y (region Y) opposes
it. For example, one supporter argues that Hawiye clan opposes federalism
while Darod clan supports it. Rationally, this perception must have
triggered the imperative to halt the implementation of federation process
until common consensus is forged. It didn't happen. Without attempting to
disprove the supporter's argument, a general observation of the current
social manifestations on the issue indicate the following tendencies:
1. The positions of majority of Ogaden (Darod), Gadabuursi (Gudabiirsi)
and Isse (Dir), unclear;
2. Majority of Isaq (Dir) want secession from South Somalia (Ex Italian
Somalia);
3. Majority of Digil and Mirifle (DM) want confederation between DM and
the rest of Somalis but oppose clan federalism and secession of Isaq;
4. Majority of Minority groups (0.5) oppose clan federalism,
confederation, and secession;
5. Majority of Hawiye oppose clan federalism, secession of Isaq (Dir), and
DM confederation but support constitutionally decentralized unitary system;
6. Majority of Majerteen (Darod) support clan federalism but oppose
secession of Isaq (Dir) and DM confederation;
7. Majority of Marehan (Darod) oppose clan federalism, confederation, and
secession but support decentralized unitary system;
8. Majority of Dhulbahante and Warsangeli (Darod) oppose clan federalism,
DM confederation, and secession of Isaq (Dir) and support 4.5 power sharing;
I hope others will investigate further this general observation. However,
the truth is that Somalia deserves neither federal nor decentralized unitary
system of government if the majority of citizens is not striving to make
sure the quick rebuilding of Somalia in which patriotism, rule of law,
social justice, fairness, and equality prevail.
The glaring contradictions in the provisional constitution have sullied
federalism in Somalia. For example, article 142 legitimizes the existence
and privileges of anonymous federal member states which are parallel to and
independent from the federal government established on the basis of 4.5 clan
formula. Then, articles 48 and 49 entrust the federal government to create
Federal member states, and finally article 54 denies the existence of
federal member states and establishes the exclusive powers of federal
government. More unusual, the federal government has been constrained from
raising necessary financial resources within its declared components
(stakeholders) - Puntland and South Central Somalia- to fulfill its
functions. The inclusion of these contradictions in the constitution was a
deliberate plan to subvert Statebuilding in Somalia.
Clan federalism sows conflicts and disintegration. Somalia cannot stomach
Ethiopia's ethnic federalism implemented and maintained through security
committees and technical controllers from the authoritarian central
government. The Somali people yearn for individual liberty, responsibility,
and solidarity. Somalia's future lies in hierarchically decentralized
unitary system of governance that upholds Somali identity and unity, and
ensures rule of law, democratic political process, and respect of human
rights, justice, fairness, and shared prosperity.
Mohamud M Uluso <mailto:mohamuduluso_at_gmail.com> mohamuduluso_at_gmail.com
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