By Omar Salad 11
February 2013
It is a common
knowledge that we Somalis have contrasting perceptions and positions about the best
ways and means of reconstructing our collapsed state and reunifying our
fragmented nation and achieve a final political settlement. These political
differences revolving on federal system and decentralised unitary system of
government have been heightened following the endorsement of the Provisional
Federal Constitution (PFC) by National Assembly whose members were partly
nominated by incumbent leaders and/or traditional elders, that awaits approval
by a popular referendum in four years time from the date of its passage. This
led me to share some thoughts with my compatriots about these diverse political
understandings and wishes and the formidable challenges on our way before any
of our political desires are fulfilled. At the end I will make some
recommendations.
On the one hand, one set of Somali political
elites argue and put forward a proposition for federal system of government to
rule out a return of a centralised authoritarian unitary system of government
which in the past had partly to do with our current turmoil. Soon after the establishment the new government,
which is now 4 months and 27days old if counted from the President’s election, or
3 months and 17 days if counted from the approval of Council of Ministers by
Parliament; this pro-federal camp began to push the agenda of the
implementation of a federal system oblivious of the absence of the required legal
and institutional framework and operational mechanisms and human and resources
for the huge tasks for implementation of federalism in country entails.
On the other
hand, another set of Somali political elites argue that federalism is alien system
of government that has no socio-cultural, economic, and political basis and
attributes in our society which warrant its application. They also express
concern that federalism is not only a recipe for further division for our already
civil war-torn and fragmented nation into quarrelling clannish enclaves but
that it may potentially forestall the restoration of our national state. Part of this anti-federal camp subscribes to
the centralised unitary system of government strong enough to reunify the
divided country by any means while another part advocates for a sort of
decentralised government devolving some powers and resources to the regions
short of federalism.
In actual
fact, the existence of the PFC does not automatically give us a federal system.
It should be plainly obvious for any rational and honest Somali with adequate
education and knowledge about Somali social and political situation that
implementation of federalism is now quite premature due to our current conditions
and absence of the required legal and institutional framework, mechanisms and
human and materials as outlined below.
1.
Impressive Start of the New Somali Government
The new
regular Somali government has been making impressive record in terms of setting
out right political departure and mission, policy plans and activities as
enunciated in the President’s Six Pillars Policy for the reconstruction of the
country and high profile diplomatic moves during this very brief period which apparently
yielded positive and substantive achievements. However, it is a newly-born government
still with the marks which needs an extended period of consolidation and
nursing process from all of us until it runs and kicks and performs capably its
real task of rebuilding national institutions which function properly.
2.
Inadequate Basic Government institutions
But
understandably the Government’s institution-building plan has yet to begin as
it needs enough time and human and material resources to rebuild the state
pillar institutions like security forces, judiciary, and civil service - the limbs
that any government exercises and fulfils its responsibility and duty and above
all the redesigning of a form and system of government such as decentralisation
and federalism.
3.
Government’s Political
Strategic Plan and Legal and
Institutional Framework
So, it is imperative for the government, if not
already done, to set out its strategic plan for the country’s decentralised
political form of government, limits of division of powers and resources
between the national state and the sub-national components, required legal and
institutional framework and related operational mechanisms to put to rest the
current political controversy described above surrounding the type of form of
government that suits and our nation needs. For example, preparing and putting
in place the following regulatory arrangements which are indispensible before
the implementation of decentralised or federal system begins:-
a)
Enacting of a law for implementation of federalism
by the Parliament on Government’s proposal;
b)
Instituting of Implementation Authority (of
ministerial level) that directs and oversees the process;
c)
Appointing of Implementation Commission with
its operational mechanisms;
d)
Determining the limits of the transfer of
functions, powers and resources from the central government
and to the sub-national governments – whether it will be deconcentration,
delegation or devolution
of powers?
e)
Appointing Consensus and Boundary Commission
with its whole mechanism in mapping out and identifying
regional/district/village communities’ population, needs, land, resources,
sub-cultures, etc;
f)
Organising and preparing adequate task force
made up of experts and skilled personnel
trained in government systems especially
for the implementation of decentralised unitary and federalised systems;
g)
Putting
in place the financial resources for the implementation of the process (budget);
h)
Mechanism for capacity-building and mobilising the required human and material
resources for running national governments and
sub-national units immediately implementation of federalism, etc.;
i)
Mechanism for citizens’ and communities’ education
in raising their awareness and knowledge about their
civic duty and constitutional rights and responsibilities in the planning and
decision-making of the the
process of reshaping their country’s political system to ensure internal and
grassroots democracy, transparency and accountability
at every level;
j)
Enacting the Law and mechanism for Intergovernmental
relationships (between the national and sub-national governments); and
k)
Timetable of the Implementation of the
process of decentralised or federal process.
4.
Insecure Conditions
The Somali Government, Amisom and Ethiopian forces have not yet
completed the Security Stabilisation Plan although they have done remarkable
and commendable contribution in restoring peace and security in the capital
Mogadishu and adjacent regions and achieved much in dislodging the militant
Al-Shabab group from most of the main towns in south/central regions. But this
militant group still occupies some cities and vast countryside of south/central
regions while liberated towns are often subjected besieging and raiding by the
same militants thus disrupting the security and cutting off these towns from
the countryside. This precarious security situation is not only conducive to
the implementation of a normal administration of whatever form but is another
major challenge. In these circumstances,
the local people cannot chance to participate in free and credible selection/election
for the formation of local or regional administrations unless the whole areas
(regions, districts and countryside) are cleared of Al-Shabab control and the
people’s security fears and obstacles on their way are removed.
5.
IGAD Plan
Another complicating challenge to regional administrations is the IGAD
plan and certain external forces on the ground that insist to have a role in
the formation of regional administrations (e.g. Jubbland) which are not only
obviously inclined to take sides in securing their convenient policies but encroaching
on the sovereign right the Somali state has over its land and people and the establishment
of any entity under its national jurisdiction. This is also contrary to the principles of free
and fair selection or election of regional or district governing institutions
much less implementation of a federal of a system.
Therefore at this stage of time and even in the immediate term the implementation
of federalism is premature until the required legal and institutional
framework, mechanisms and human and material resources are put in place. The Somali Government should therefore be beware
to succumbing to the impatient demands of some of our compatriots however
well-intentioned, for example, in Jubbaland and Bay/Bakol, etc. Such
eventuality will undoubtedly give rise to ungovernable chaotic situation that
may be very difficult for us to reverse. Instead provisional administrations
can be set up to lead the stabilisation war effort in removing Al-Shabab’s remaining control and
influence from these regions and the entire country. Thereafter, the legal and institutional
framework, mechanisms and resources can be made ready for the process of the
implementation of decentralisation or Federalism to start as envisaged by the
PFC.
Of course, Somali regions like Puntland formed a pro-federal
regional state but that preceded the establishment of the present permanent
Somali Central Government and such entities are obliged to wait for the legal
regulatory framework for the federalisation process. From now on this central government has a sovereign
right to lead and oversee the formation of any regional and district
administration and entire process of reshaping the country’s political form and
system of government – be federal or decentralised unitary state. We all must
cooperate with the government while it direct this process and sufficiently consults
with and allows meaningful participation to the real stakeholder social
sections of the Somali people and the already formed pro-federal sub-national
units (e.g. Puntland) otherwise we will for sure relapse into the stateless
status we have been in the last 22 years.
My views and suggestions may be construed by someone as a biased
against some Somali people or federalism but I assure for my compatriots that
is not the case but just frankly explaining and reminding to both the
government and our people the difficulties lying before us in rebuilding of our
central state institutions and implementing a decentralised or federal form of
government while the required said conditions and technicalities are not ready
– legal and institutional framework, operational mechanism, and human and
material resources.
6.
Recommendations
In the light of above, I would like to make these recommendations
for the Somali Central Government, regional administrations and Somali people
at large as well as the brotherly concerned IGAD countries and wider
international community countries:-
To the Somali Central
Government:
a)
to start, if done already, as soon as
possible the process of making the legal and institutional framework and operational mechanisms for the
implementation of the Provisional Federal Constitution (PFC) as indicated above;
b)
to support and oversee the regions to form
their provisional regional and district administrations which will take care of
security and services of the people until the implementations of PFC is begin;
and
c)
To organise and hold a National Peace and Reconciliation
Conference for the Somali people where genuine stakeholders (existing
regional administrations, traditional titled leaders and elders, religious leaders, CS and
Diaspora representatives, etc) are invited to discus on and address the outstanding
issues of civil war,
get reconciled and agree on a national accord for the way forward for the PFC
implement- tation.
To the Somali people and regional administrations:
a)
To be
patient and behave in a responsible and rational way at this crucial time when
our central government got a
permanent and recognised status and to fully cooperate with it to get
consolidated and functioning effectively, this is patriotic duty;
b)
To give
the Government enough time to prepare and put in place the legal and institutional
framework
and operational mechanisms and conducive conditions required for the
implementation of the PFC;
c)
Regions
newly dislodged from Al-Shabab control should also be patient and wait the Government to prepare and put in place
the required conditions and legal and institutional frameworks for the implementation of the PFC, meantime they
can form their provisional administrations with the support and overnight of the Government;
d)
Regions
which have pro-federal regional administrations also ought to cooperate with
the Government to work and put in place
the required legal and institutional regulatory framework for the implementation of the PFC; and
e)
Somalis
inside and outside the control ought to fully support and cooperate with our
nascent central government to be reconstructed and consolidated
to function well otherwise we may relapse back into
the failed state we have been for the
last two decades.
To the International
Community:-
a)
To
continue actively and robustly the recognition and assistance you started to
give to the Somali Government and
will you win the hearts and minds of the
Somali people as well as their lasting gratitude;
b)
Brotherly
IGAD countries overall deserve commendation and gratitude of the Somali government
and people in helping them
achieve peace and security though still precarious and the Security
Stabilisation Plan is incomplete;
and
c)
IGAD also
ought to respect the sovereignty of the Somali State, especially at this stage
when it is new and fragile and its consolidation can be
easily disrupted by any encroachment on its sovereignty such as the IGAD Plan insisting on to have a role
in the formation of Jubbaland administration which IGAD would best be
advised to refrain from playing this role while your security concerns can be
accommodated by the Somali Government
and people in a new spirit and era of peaceful and durable relationship.
Omar Salad - BSC -
Commentator of Somali social and Political affairs, he can be reached at oselmi@hotmail.com
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