January 27, 2013
Clan politics, rivalry
and hatred have ruined the social bond, moral principles and trust among
Somalis who share common language, culture, territory, history, and religion. Now,
three political manifestations -secession, clan based federalism and unitary
decentralized political system- divide them and are obstacle to the recovery of
the lost nation of Somalia.
The Provisional Constitution
(PC) rejects secession, suggests voluntary federalism of regions while it establishes
a unitary democratic central government. Respect of human rights, political and
civil rights for all citizens, free market economic system, political pluralism,
and promotion of peace constitute the basic foundation of the new constitution.
The US diplomatic recognition of the government of Somalia gives impetus to the
implementation of these goals and offers space and encouragement for internal unity
and dialogue.
Therefore, the people
of Somalia led by their farsighted and legitimate leaders have the
responsibility to engage a national dialogue that aims to respond to the
sentiments and anxieties underlying the three political manifestations so that strong
Somalia can bargain with the International Community. In his 1963 book on Somali
nationalism, Saadia Touval wrote, “Somali
nationalism stems from a feeling of national consciousness in the sense of “we”
as opposed to “they” which has existed among the Somalis for many centuries. It
was nurtured by tribal genealogies and traditions, by the Islamic religious
ties, and by conflicts with foreign people.” This kind of exceptional
Somali nationalism is now needed more than ever. Bad faith political
negotiations fail Somalia.
Today’s acrimonious
relation among Somalis is in full public display. Late Said Osman Kenedid captured
this sad situation when he said in his book “xusuusqor”, a Somali becomes foe of the other when clan diversity is discovered. This
approximates the present social breakdown.
Clan federalism worsens
the situation and tears Somalia apart. It’s an overstatement or wrong to claim that
the PC has created a federal government for Somalia. Yes, article 1(1) stipulates
the establishment of the Federal Republic of Somalia (FG). The stakeholders of
this FG are the 4.5 clans represented by the 275 members of the Federal Parliament
(FP) and not by Federal Member States (FMS), Ahlu Sunna Wal Jama, Ras Kamboni
or other factions.
In accordance with articles
48 and 49 of the PC, the FP must enact a law establishing the parameters and conditions
to be used for the establishment of FMS and appoint a commission that will
study the issue. The findings of the commission will determine the options. Article
49 (6) sets only one parameter: The voluntary merger of two or more regions
based on the 1991 boundaries can form a FMS. In the interim, FG will represent
the country and administer the regions and districts.
Clan-based federalism
is against many articles of the PC. For example it is against article 8 on the
people and citizenship; Article 11 concerning equality of all citizens and
prohibition of clan based discrimination; Article 21 on the freedom of movement
and residence; Article 46 which prescribes that the power of self-governance
begins and ends with the people. Article
142 does not recognize in name the existing FMSs and harms national interest.
To appreciate the concept
of federalism in Somalia, a review of the different views, motivations and
perceptions propounded by Dighil and Mirifle and Harti Darod (Puntland) for
their resolute support of federalism is helpful. In 1991, some politicians suggested
a federal system between the two territories united on July 1, 1960.
Hizbia Dighil and
Mirifle (HDM) Party of “Dighil and Mirifle clan” proposed in 1947 a clan-based federal
system later debated in 1957 and rejected by the parliament. In his paper
titled “the emergence and role of political parties in the inter-river region
(1989),” Prof Mohamed H. Mukhtar noted that HDM divided the Somali
Italian territory into two regions: North of the Shabelle River and South of it.
Sheikh Abdullahi Sheikh Mohamed (Bogodi), founder of HDM told the Four Power
Commission sent to Somalia in 1947 the following:
My people
are those who behave themselves better than others. We always prevent other people from making
trouble or robbing. .. The Other people who are not Dighil and Mirifle, they
may live and stay with us, but we want them behind us recognizing the land as
belonging to us and not to them. One of the three things
the founder requested the Commission was that “the
country in which Dighil and Mirifle live always to be regarded as belonging to
them and if the government who live with
them wish anything from them they want
the government to be discussed with them.”
As a result, HDM federalism
was for land ownership and intended to take place between Dighil and Mirifle clan
and the rest. No significant power was allowed to the central Government.
In May 1998, sub clan
Harti Darod decided to form a “Puntland State” composed of five regions –Mudug,
Nugal, Bari, Sol and Sanag- and to make “clan federalism” the national form of government. On October 9, 2010,
Mr. Mohamed Abshir Waldo published a paper on Federalism: Birth of Puntland
in which he put forward three reasons why
Puntland decided to predetermine a federal system for Somalia. They are: (1) to
heal and overcome the fear, hatred and distrust of the bloody civil war; (2) To
take a middle solution between an autocratic, centralized system of government
-which is an imaginary future government, and the outright secession of
Somaliland. Sanag and Sol regions are claimed by Somaliland; 3. To emphasize district
level socio economic development.
Residents in Puntland
became divided into two categories: Puntland citizens and refugees. There was
no economic, social political and legal study about the feasibility of a federal
system for Somalia or preliminary discussion among Somalis. Mr. Waldo stressed
that “It [the decision] was not borne out of emotion,
clan sentimentalism or as resentment resulting from the clan cleansing massacre
of thousands of people originating from the current Puntland regions that took
place in what is now known as South-Central Somalia (SCS) mainly in Mogadishu.”
Puntland State is now
in confrontation with FG over the formation of Jubbaland State which will
comprise three regions-Lower Jubba, Middle Jubba and Gedo and will be under the
rule of Harti, Ogaden, and Marehan as the majority group out of 38 clans in the
area.
As consequence, Bay,
Bakol and Lower Shabelle regions will be under Dighil and Mirifle rule. Middle
Shabelle, Hiran, and Galgudud regions will be under Hawiye rule. Togdher, North
West, and Awdal regions will be under Isaq rule. In consideration of clan
imagination, Mogadishu, the capital and seat of FG will be under sub-clan
Abgal-Habargidir rule. To revive HDM federalism, a preparatory conference for a
new State of six regions-Bay, Bakol, Gedo, Lower Jubba, Middle Jubba and Lower
Shabelle is underway in Baidoa, Bay region.
Puntland federalism aims
to deal with past and future “clan cleansing” and to control the central power
if ever emerges. In Somalia, “clan cleansing” takes place every day as long as clans
fight and people leave their homes for new destinations. It happened different
parts of the country.
Somalia clan federalism
resembles the clan division suggested by President Yuweri K. Museveni of Uganda
in his letter
dated July 15, 2009 for handling the Banyoro political grievance against Bafuruki
in Banyuro region. Banyoro are
considered an indigenous (natives) clan, while Bafuruki (migrants/settlers) - a
derogatory word- are Ugandan citizens whose ancestral land is not Banyuro
region even if they they were born in it. The President proposed clan land
ownership and ring-fencing the positions of local councils and Member of
Parliament for the indigenous (native) Banyoro clan. This has raised firestorm inside
and outside Uganda because it was seen as tribalism, unpatriotic and unconstitutional and later President Museveni backtracked.
The signs of many problems
associated with clan federalism like violent minority dissent within are now
visible in Puntland. In fact, clan federalism rather than solving the problems
of bad governance expands them. Only Ethiopia, Nigeria, and South Africa practice
clan based federalism in the African continent. A comparative study carried out
in 2012 shows that African federalism fails for at least nine causes like a
lack of commitment to democratic values and obstruction of the central
government authority.
In the gloomy prospect
for Somalia’s future, the observations of Saadia Touval about Somali nationalism
provide pride and hope. He testified that Somali leaders were always striving to
eradicate “political tribalism” because it was and still is detrimental to national
harmony. In 1958, political parties with clan names were banned. He also stated
that Somali leaders (northerners) gave up their privileged positions for the
sake of realizing the broader nationalist goals of unifying the British and
Italian territories in 1960. These kinds of patriotism are deeply rooted in the
Somali culture and could re-emergence at the right moment like today.
Mr.
MohamudM Uluso
mohamuduluso@gmail.com
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