Letter to H.E. Ambassador Augustine P. Mahiga from the Toronto, Canada Somali Diaspora Community

It gives us a great opportunity and distinct honor to meet with you and discuss the dire situation in Somalia and in specific term the role of the United Nations spearheaded by yourself as the Special Representative of the Secretary General.
The current political development in Somalia presents an historic opportunity that is as significant of political development as that happened in Somalia during its independence in 1960. Somalis in the Diaspora are morally obliged to act in the national interest of Somalia. It is in this spirit of collective responsibility that we submit this paper. Somalia can be remade out of the ashes of civil war, devastating famine, decades of brutality, and total state collapse, if we take our enthusiasm to the next level by translating our words with action.
It is our view that the plan to end the transitional periods in Somalia offers an opportunity to design a new legal framework that brings political, social and economic unity among the Somali people under legitimate government that promotes the individual rights of all Somalis, and guarantees the sovereignty and territorial integrity of Somalia.
Mr. Ambassador, the key word that is of interest to every Somali is the word Transitional and in-order to drop that term from our title, national transitional tasks should be fulfilled with ultimate goal of having a referendum for a new Constitution, and the ultimate goal would be fair and free elections but unfortunately as of today that dream is not supported by the facts on the ground and until the security of the whole nation is stabilized, the options are bleak.
Without clear political agenda post August 2012, Somalia will be in eternal transitions, whereby politicians will find more and more pretexts to delay the next stage of transition in violation of the current transitional charter. If elections could be held in Iraq and Afghanistan, they should be also possible in Somalia. The premise that Somali politics is too complex, and the country is too dangerous or too weak to hold national elections is not acceptable. The Somali people have common language, religion, and culture and in addition have an inherent yearning for freedom, equality under the law, and total peace. There are always political complexities and uncertainty in a country that is mired in civil strives for over two decades like Somalia and a general mistrust of Somali politicians by the public emanating from their failure to form a legitimate government. Their political squabbles must be brought to an end by empowering the people as they are the source of authority and legitimacy. Wider public participation in the consultation process is needed.
Another very important and heart breaking issue is the of amount corruption mind. It is mind boggling the amount of money reported to have been spent or donated either by the U.N or particular Nations or Countries and the little result towards the betterment of the situation on the ground.
The central thesis presented in this paper is made on the following premises:
• That the UN and international and regional partners are to stand with the Somali people in their search for peaceful and democratic change.
• That recommendation for the future legitimate government of Somalia is adopted at a genuinely representative conference of all Somali political groups.
• That the UN and the international and regional partners agree to support the outcome adopted by the Somali political groups.
• That the UN and international and regional partners guarantee the territorial integrity of Somalia with a duly constituted Somali government.
• Managing and policing of the new Somali democratic institutions is a challenge the people of Somalia must face on their own.
The draft constitution:
Many peace conference held in the past for Somalia have by and large operated on the short term personal and group gains of Somali politicians and these same politicians were the shaping force behind the last few ‘transitional constitutions’ initiatives.
The only ratified legitimate constitution that we have today is the one adopted by popular support in 1961. If the people are the source of authority and legitimacy, this must be stated in the constitution and accordingly submitted to their will. In this context, the draft constitution must be proclaimed by the people. If the current political brinkmanship continues and constitutional amendments are adopted without public approval, abuse of power by legislation change through adoption of new decrees will continue in Somalia, undermining the concept of constitutionalism and good governance. As a result, this will pave the way for new autocratic regimes in the foreseeable future.
We urge that the peace and security throughout the country be achieved that will give a chance for every Somali citizen to voice his/her opinion in a more democratic and transparent manner and that in the interim we should use the 1960 constitution and the Transitional Federal Charter until such time comes where it is safe to hold public referendum.
With the fixed timetable of Aug. 2012 exit plan of transitional periods, it must culminate in a nation-wide referendum on the draft constitution that is to be proposed by a Constituent Assembly representing all political groups and a national elections for a parliament and government.
We are also greatly concerned the 4.5 power sharing formula, when such formula is enshrined in the constitution it promulgates and legitimizes inequality, which is an obvious violation of both the spirit and the letter of the law.
Security:
We are in the opinion, that peace and security of the individual is essential to move forward and attain durable peace, it is equally necessary to sustain it, in this context it is our view that before the end of the transition that Somali military and police forces be ready and there must be in place a plan for the exit strategy of foreign forces.
If the local Somali army is trained, foreign peacekeepers may not be necessary. It also gives the perception that a government that relies on foreign forces for its existence can not be trusted to keep peace and security. It is also our view that using military forces to defeat insurgents is not the only solution and political solution must concurrently be used. It will be important to set standards for conflict resolution and mediation by first looking within the Somali culture and paradigm for establishing peace. This includes consulting with and providing a role for elders as a source of authority within a decentralized framework. Recognizing the role that women play in securing peace between different groups; considering the impact of insecurity (personal, financial) on women as inversely disproportionate to men; and recognizing the responsibility women undertake to re-build families and securing social bonds it is imperative to afford women a representative voice on any security dialogue.
Frameworks for durable peace must be established by the Somali peoples first with support from outside parties. Standards for peace and development must be agreed upon through consensus building and accountability must be established with an eye towards building sustainable institutional frameworks to actualize development goals and aims. Promoting a rights-based approach to security includes disarmament of gangs and warlords first with the hope that reconciliation and restorative justice, and by providing amnesty to petty criminals can be used as a source of healing for different communities.
Peacebuilding as a development priority must be Somali-led and administered. An emphasis must be made to provide representation on all processes by employing Somalis throughout all levels of government and processes of governance.
Moreover, any long-term security plan must include disarmament, demobilization and re-integration with clear and concise plan for reintegration of combatants into the society. And finally, repatriation and resettlements of refugees can only take place when peace throughout the country is secured.
Here are some suggestions for the creating an environment where law and order could prevail:
• The international justice system should consider issuing a warrant for those entities and individuals who have committed war crimes, crimes against humanity and human rights violations. This has never happened in Somalia. There should be a deterrent mechanism to stop the killing and the suffering of civilians.
• Creation of all branches of the national security apparatus which include the Army, Police force, National Security Agency and Custodial Corps and following is cost estimate which might not be that high.
• Creation of legitimate, independent judiciary branch is needed to give the Somali people the hope that justice will prevail and criminals will be equally prosecuted before the law.
Humanitarian Crisis in Somalia:
Let us begin by saying; Somalia is in a race against time. According to a recent report on September 5, 2011 by Famine Early Warning Systems Network, in short FEWSNET, some 750,000 people are at risk of death in the coming four months in the absence of adequate response. That 750, 000 is changing at a rapid pace. Tens of thousands of people have already died, over of whom are children. Famine is expected to spread further over the coming months.
Some 4 million Somalis are in crisis right now, compared to 3.7 million in July and 2.85 in June, 2011. 3 million out of the 4 are in the South. Number in need of life-saving assistance nationwide is 3.3 million. Number in need of life-saving assistance in southern Somalia is 2.6 million compared to 1.75 million in June of 2011. These statistics are very disturbing and they show unless some thing drastic happens, Somalis will be in a very difficult and painful race against time.
The level of acute malnutrition on children is beyond comprehension. The image of children dying in their mothers’ lap is heart breaking. Our heart goes out to families who lost loved ones in Somalia and through out the Horn of Africa. While climatic issues exist, the most important factor is the security situation in the country. This cycle of war and famine shall stop by finding a lasting political solution through true reconciliation and dialogue. In our view the Somalia famine is both a climatic and man made problem.
Recommendations:
• Somalia needs well coordinated and planned humanitarian intervention which is necessary in order to prevent mass deaths and extreme social collapse which into certain extent may already exist. The humanitarian intervention shall be under the United Nations umbrella. For obvious reasons, this intervention shall succeed, because the options are limited and the human cost is too high. The situation is very dire one.
• Out of necessity the international aid agencies which do not have access to the famine stricken areas in southern Somalia may provide food and medicine aid to reputable local NGOs so that they can distribute to the needy people. International aid agencies may also selectively send cash transfers to local community leaders directly so that they can buy food and medicine in their local markets. Drastic situations need drastic actions.
• Transitional Federal Government, Al Shabab and other entities in Somalia should without conditions allow the humanitarian delivery. Not only should they merely allow this, they should also help in facilitating the entire process.
• The importation of charcoal from Somalia to foreign countries should be stopped by educating local merchants the impacts of indiscriminately cutting trees to the well being of the eco system. Local NGO’s and residents should coordinate in efforts to not only stop this practice but revitalize the eco system by planting trees strategically.
• All UN humanitarian offices must move to Somalia and work on the ground.
• Clear accountability and transparency of aid policies and activities should be established.
• Aid should not create dependency, there should be resettlement strategy and plan developed to bring Somali refugees from neighbouring countries.
• Policies and laws must be enacted to punish violations and theft of food aid
The statistics provided clearly illustrate the severity of it all and indicate that it is and can get much worse. We have briefly mentioned some possible solutions to help alleviate the suffering however there is much more to be done in the short and long term. Our hope is that we Somalis with the help of our friends find a lasting peaceful solution on the ground.
Good governance:
Good governance is as defined by UNDP, among other things, participatory, transparent and accountable, effective and equitable, and it promotes the rule of law, it ensures that political, social and economic priorities are based on broad consensus in society and that the voices of the poorest and the most vulnerable are heard in decision making over the allocation of the development resources. Particularly important in the context of countries in special circumstances, is the fact that UNDP’s definition of governance encompasses not just the state, but the private sector as well as the civil society. All three are viewed as critical for sustainable human development. The role of the state is viewed as that of creating a stable political and legal environment conducive to sustained development, while civil society institutions and organizations are viewed as a means of facilitating political and social interaction, and mobilizing groups to participate in economic, social and political activities.
Transparency is the ability of any entity, governmental or non-governmental to provide relevant information effectively in a timely manner to all those who are supposed to be stakeholders in the matter. The kinship based governance is one of the fundamental drives of lack of accountability and transparency and are the main causes of the TFG’s financials woes. Corruption, lack of accountability and transparency is undoubtedly a huge hindrance in a country like Somalia, and would truly make any remedial efforts extremely difficult if not impossible in such a country where corruption is rampant and becomes the norm rather than the exception.
Accountability and transparency are a prerequisite for development and good governance, where every member or official whether elected or appointed entrusted with public mandate is answerable and accountable for his or her actions. Some sort of guidelines that any government official involved in the administration or management of the people’s business ought to be established where the public would always know who is responsible of what, how and where.
That should enable all institutions to deliver or dispense their respective mandates effectively.
The TFG and the UNPO should implement some sort of a program or policies and institutional measures to strengthen good governance in the public sector financial management. The overall objective of such a policy should be to improve the governance of the public resource allocation through increased disclosure and transparency of all financial information. The goal should always be to build up credible institutions. Legal and regulatory environment ought to be created to facilitate structural adjustment to improve to transparency and accountability. Anticorruption and money laundering measures need not only be enacted, but should be implemented and forcefully enforced by all means necessary.
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