Balkanization and brutalization of Somalia
Analysis of the Draft Constitution
Mohamud M Uluso
2012-05-03, Issue <
http://www.pambazuka.org/en/issue/583> 583
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It is immoral and a political crime to purport to draft a new constitution
under the prevailing political and security conditions in Somalia.
The people of Somalia face the looming dreadful reality of becoming a
vanished nation/country because of the Draft Constitution soon to be
rubberstamped through fraudulent political and legal process. As usual, the
International Community and the media will join force to publicize the new
constitution as a success story for Somalia. In contrast, the Draft
Constitution is an instrument for balkanization and brutalization of Somalia
on basis of the following reasons:
It repeals the 1960 constitution in force which represents the legal and
political foundation or the birth certificate of the Somali state/nation.
The 1960 constitution embodies the basis for the admission of independent
Somalia to the United Nations, International Monetary Fund, World Bank and
the Organization of African Unity.
It partitions the country into three territories: Somaliland, Puntland and
South Central. In accordance with article 172, it binds specifically the
South Central Somalia, while Somaliland and Puntland adopted separate
constitutions drafted with the help of the international community. For this
reason, the Draft Constitution omits the demarcation of the national borders
of Somalia, while the constitutional demarcation of national borders is
imperative at this historical moment.
It is not ending the transitional period extended after August 2012 for four
more years during the Garowe conferences. Also, it has nothing to do with
the political dispensation for the establishment of new parliament and the
election of national leaders.
It introduces ideas, culture and values that could intensify the social and
political tension within the Somali society. It weakens the commonality and
amplifies the diversity among the Somali communities. It embeds multiple
sources of conflict and confusion detrimental to the governance of Somalia
so that the latter will vanish as a nation and country.
It ignores the need for soul searching national reconciliation before
drafting a national constitution. A national consensus on the causes and
effects of the civil war and the collapse of the Somali State is paramount
for enduring peace in Somalia. It is immoral and a political crime to draft
a new constitution under the prevailing political and security conditions in
Somalia.
It fails to articulate a national vision and a workable national and local
system of governance. There is strong belief that instead of federalism
decentralization suits best Somalia's needs for democratic and efficient
governance. What is crucial for the Somali people is to negotiate in good
faith a workable and hierarchical system of national and local governance
that is accountable, trustworthy, sustainable, equitable and self
sufficient.
It lacks clarity, simplicity and practicability. It is written as a policy
diktat paper.
It devalues the Somali Citizenship and Somali Nationalism.
It is not prepared in adherence to the provisions of the Transitional
Federal Charter and in accordance with the required constitution-making
process which is completely different from the process of making a law. The
critical evaluation of the timing, the role of the international actors, the
legitimacy of the process and persons responsible for drafting the
constitution, the genuineness of public participation, and the role of the
national authority is an important condition for the acceptance or rejection
of a constitution. Particularly, the case for Somalia as a failed state
requires high attention to legitimacy, stakeholders, participation, and
transparency. Prof. Abdiwahid Sheikh Osman Qalinle put it eloquently when he
said, "Normally, the constitution-making process is a jealously guarded
national treasure everywhere else but Somalia." Unfortunately, International
actors controlled the entire process.
For the above reasons and others, the overwhelming majority of the people of
the "South Central Somalia (90%)" oppose the Draft Constitution. Similarly,
the majority of the participants in the consultation draft constitution
organized for the Somali Diaspora living in Minneapolis and Columbus
expressed their objections to the Draft Constitution. The feedback from the
consultations in Europe is the same. In general, the public questioned the
motives behind the campaign for a new constitution.
The participation of personalities from Puntland and Somaliland in the
upcoming Constituency Assembly or new parliament serves only the purpose of
muddling the Somali political situation. The agenda for outreach, unity,
power-resource sharing on the basis of citizenship cannot go along with the
agenda for separation, stand alone under Regional States or total
independence pursued by Puntland and Somaliland with the collaboration of
the international community.
On April 24, President Sheikh Sharif of TFG publicly repudiated the validity
of the Transitional Federal Charter and consequently the legitimacy of the
Transitional Federal Parliament after electing lawfully new Speaker. The
President belittled the role of the MPs and threatened anyone opposing his
propaganda agenda. TFG leaders seem confident about the replay of 2008
Djibouti process by handpicking 225 new members of parliament under the
protection and diplomatic support of AMISOM and Ethiopian forces, and with
the financial support of donors.
On his part, the Prime Minister Prof Abdiweli M. Ali announced the
completion of the draft constitution and dismissed the opponents' views by
arguing that 99 % of the critics did not read the constitution. He has yet
to publish the final draft of the constitution for transparency and public
comment. I bet that TFG leaders did not read the Draft Constitution either.
Otherwise they would not have released the unedited first draft of July 2010
for public consultation in March 2012.
The rules of engagement of the AMISOM forces, the Kampala Accord and
Ethiopia's forces have deprived the Somali citizens including the MPs of
their right to challenge their notorious incompetent and corrupt leaders. A
corrupt political system of governance has taken root in "South Central
Somalia" with the complicity of the international community. The leaders of
Al Shabab and TFG are now using the same threatening language to gain power
over the Somali people.
It is plainly wrong to believe that the Draft Constitution will secure the
actual transition from the transitional government to a permanent one
possessing international privileges. Dropping the word "Transitional" will
not graduate Somalia from a failed state to credible international partner
with the right of entering into international agreements or directly
receiving bilateral and multilateral foreign aid. Any literate Somali who
wants to believe such claim is someone whose understanding about the legal,
diplomatic and economic foundations for international relations and
cooperation is limited.
In reality, the Draft Constitution has distracted the people of Somalia from
addressing systematically and passionately the causes and solutions of the
real problems devastating their country. Today, about half of the Somali
population is facing famine, malnourishment and insecurity inside and
outside Somalia. The fraudulent approval of the Draft Constitution will be
another calamity on Somalia. It is the responsibility of every Somali
citizen to avoid the happening of that calamity with all legitimate means.
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Received on Fri May 04 2012 - 23:11:59 EDT
