FEDERALISM and Decentralization

 
 
 
 
 
 CONFERENCE REPORT
 
 
 
 
 
 
27-29 November, 2008
Nairobi, Kenya

 

 

ACKNOWLEDGEMENTS



 
We thank the Right Honourable Prime Minister, Nur Hassan Hussein, and the Chairman of the Alliance for the Re-Liberation of Somalia (ARS), Hon. Sharif Hassan Sheikh Aden for championing the conference.
 
We would like to express our gratitude to all the organizations that made this workshop possible, namely: our donors, the United States Agency for International Development (USAID), The Department for International Development (DFID), the governments of Sweden, Norway, Denmark and our Consortium Partner, the Max Planck Institute for Comparative Public Law and International Law (MPIL).
 
Most importantly, we acknowledge the generous contributions made by various Somali and international experts from all over the globe on this subject.  The wide range of substantive topics and knowledge sharing dialogue would not have been possible without them, and the thought provoking respondents who furthered the analytical dialogue.  Ultimately, the collective diversity of the participants, the vast majority whom were Somali and their dedication to explore federalism and decentralization options for Somalia culminated in the concrete issues summarized in this report.
 
We also thank the United Nations Political Office for Somalia (UNPOS) under the leadership of Special Representative of the UN Secretary-General (SRSG), Amb. Ahmadou Ould  Abdallah, for supporting the conference and the United Nations Development Programme (UNDP) Somalia, under the leadership of Mark Bowden, UN Resident and Humanitarian Coordinator and Bruno Lemarquis, UNDP Country Director for its implementation.
 
Special mention of the UNDP Somalia team led by Ms Annie Demirjian, Programme Manager for Governance, and her design team of Frances Kinnon and Moe Hussein.  The logistical efforts of Debbie Wandera, Said Ahmed and Gladys Ng’ang’a, who worked tirelessly to consistently adapt to participants needs.  We thank Khalif Farah and Omar Mohamed for providing translation and note-taking services during the conference.  The final report was drafted by Somali academics, Dr. Alim Abdulkadir, Dr. Abdinoor Abdullahi and Ms. Varsha Redkar-Palepu, UNDP’s Acting Project Manager for the Somalia Constitution-Making Support Project (SCMSP).
 
 

 
TABLE OF CONENTS
 
Acknowledgements ……………………………………………………………….………………..…...…….....ii
Foreword…………………………………………………………………...…………………………..…………iii
List of abbreviations and acronyms……………………………...………………...…………………………iv
 
Executive summary………………...………………………………………………………….....................……1
Conference Background……………………………………………………………………………………...…2
 
Themes of Discussions…………………………………………………………………………………...3
              I.      Forms of Governance-Federal, unitary and other systems……………………………………………..……………3
            II.      Clan Realities- Impact on future government system……………………………………………………..………….4
         III.      Fiscal Federalism: Options and Implications……………………………………………………………………...…5
          IV.      Establishment of Commissions in the Charter: Border, Electoral, Census & collection of statistics……………....6
            V.      Executive, legislative, judiciary, federal, unitary and decentralized institutions……………………………………8
          VI.      Appropriate Governmental system: Implications of each for Somalia………………………………………………9
 
Outcomes and Impacts…………………………………………………………………………………11
              I.      Recommendations: forms of governance- federal, unitary and other systems……………………………………..11
            II.      Recommendations: Clan realities-impacts on future government systems………………………………………...11
         III.      Recommendations: Fiscal Federalism-options and implications………………………………………………..…12
          IV.      Recommendations: Establishment of Commissions in the charter-Border, Electoral & Census…………………12
            V.      Recommendations: Executive, Legislative, Judiciary, Federal, Unitary & Decentralized institutions……………13
          VI.      Recommendations: Appropriate Governmental systems & implications for Somalia……………………………..13
 
Recommendations from the Working Groups………………………………………………………..14
The way forward…………………………………………………..…………………………………………….16
 
ANNEXES………………………………………………………………………………………………………....17
Annex 1: Agenda………………………………………………………………………………………………………………17
Annex 2: List of participants………………………………………………………………………………………………..…22
Annex 3: Conference record and presentation papers……………..……………………………………………...……….....25

FOREWORD

 

 
This report presents a Somali expression from the first dialogue on federal/decentralized options of government for Somalia. The document provides a glimpse of the concern, challenges and hopes of Somali citizens, including the diaspora.

The content of this report aims at answering questions such as: What type of government (federal, decentralized or unitary) is suitable for Somalia?   How can Somalis from all walks of life, including diaspora participate in national dialogue and debate on the best options available for Somalia? In this report, UNDP Somalia, synthesized discussions and debates that took place between November 27th and 29th 2008, in Nairobi, Kenya, with a representation of approximately 100 Somalis drawn from the Transitional Federal Government (TFG) and the Alliance for Reliberation of Somalia (ARS) respectively, constitutional, legal and sharia law experts, academics, community leaders and consortium partners of the SCMSP.
 
During the debates, participants, many of who had not met in decades, shared their deepest concerns about Somalia’s future, however, there remained consensus that collectively, Somalis, both from within and the Diaspora can make a difference.  The delegates came to the conference fully prepared; hence recommendations arrived at by the three working groups were constructive, realistic and well thought out.
 
The United Nations Development Programme and the international community had much to learn from this cross-section of Somali representatives. At the end of the Conference, UNDP committed that this was the first of a series of such discussions, both within and outside Somalia, and that in 2009, workshops will be scheduled for more in-depth discussions on many of the conference subjects and recommendations. It was also agreed that in future, civil society organizations, community and religious leaders as well as youth and women’s groups will be included.
 
 
 
 
Annie Demirjian
 
 
UNDP Programme Manager
Governance
December 2008
 
 

LIST OF ABBREVIATIONS AND ACRONYMS

 
ARS                        -               Alliance for Re-Liberation of Somalia
A.U                         -               African Union
CKRC                    -               Constitution of Kenya Review Commission
DFID                      -               Department for International Development
EC                          -               Electoral Commission
EU                          -               European Union
IFCC                      -               Independent Federal Constitution Commission
IGAD                     -               Inter-governmental Authority on Development
MPIL                     -               Max Planck Institute for Comparative Public Law and International Law
NDI                        -               National Democratic Institute
PCC                        -               Parliamentary Constitutional Committee
SCMSP                                  Somalia Constitution-Making Support Project
SRSG                     -               Special Representative of the UN Secretary-General
TFC                        -               Transitional Federal Charter
TFG                        -               Transitional Federal Government
TFP                         -               Transitional Federal Parliament
TRC                       -               Truth and Reconciliation Commission
UN                          -               United Nations
UNDP                     -               United Nations Development Programme
UNPOS                  -               United Nations Political Office for Somalia
USAID                   -               United States Agency for International Development

EXECUTIVE SUMMARY
 
This conference involved the participation of the Prime Minister of Somalia H.E Nur Hassan Hussein, of the Chairman of the ARS Central Committee Hon. Sharif Hassan Sheikh Aden, other Somalis of whom 33 were at the time based in some part of Somalia and 29 could be described as part of the Somali Diaspora, though active in Somali affairs. 25 resource persons, of whom 14 were themselves Somali and 2 members of the Kenyan Somali community, were resource persons.
 
Text Box: Definitions

Asymmetrical arrangements:
Means that different governmental bodies at what might be expected to be the same level have different powers. 
Autonomy:
Refers to the ability to make one’s own decisions, decide priorities etc. Is essential aspect of federalism, but some degree of autonomy may exist in a system that is not federal (see asymmetrical arrangements).
Confederation:
Grouping of political entities that give up some of their powers to the collectivity. The collective government is made up of delegates from the individual entities. 
Decentralization:
Covers a wide range of possibilities of taking governmental functions and perhaps legal powers away from the national capital. Federalism is an extreme form of decentralization while Local government is a common form. How much is decentralized varies widely. Administrative decentralization would involve giving the function and legal power to administer nationally made laws. 
Devolution:
Decentralization of powers, including some to make laws. But the power is one that can be taken back by the national/central government.
Delegation:
Giving to another level of government (usually a lower level) or to other bodies the power primarily given, by the national constitution or laws, to another body. Usually a matter of administrative convenience. 
Deconcentration:
Dispersal of national offices and personnel, but retaining control at the national level.
Federalism:
Division of a country, into geographical regions, each of which has its own government with certain powers. Neither the national government nor the regional governments can alone change the nature or the power of the others. 
Fiscal federalism:
Refers to the financial aspect of federalism: which level of government raises revenue and how is revenue allocated to different bodies for spending purposes.
Unitary state:
Not a federation – a state without autonomous geographical regions. 
The objective of the conference was to study, in a very practical way, the implications of the provisions of the Transitional Federal Charter of Somalia relating to the questions of federalism/decentralization. Specifically the intention was to explore the nature of “federalism” and “decentralization” and how they would apply to the particular circumstances of Somalia, with a view to making concrete proposal for the implementation of the Charter. The specific focus was the making of a final Constitution, as required by the Charter. And in terms of historical moment, the conference took place against the background of the recent Djibouti Peace Agreement which gave hope of a new beginning and progress towards the aim of a new constitution.
 
The conference was designed to maximise the opportunity for Somali participants to make their input, and to discuss the issues. Formal presentations were followed by comments of discussants (usually including at least one Somali respondent) and by opportunity for questions and comments. And a period of 24 hours was set aside for discussions in groups of Somali participants, with feedback afterwards. For a report of the introductions, valedictory comments, information on funding etc, please see the full report. At this point it is unnecessary to more than to record that participation was enthusiastic and energetic, and many valuable comments and suggestions were made. This summary emphasizes the facets of the topic and of the conference that are most directly relevant to the situation of Somalia.
 
The summary begins by underlining the elements of the historical and current factual background (as brought out by speakers and participants themselves) that are most relevant. It then summarises the main points of the presentations, by both Somali and foreign resource persons,
emphasising those aspects that are most relevant. Finally it brings out the concerns, issues and suggestions made – almost entirely by the Somali
participants themselves – that were expressed in response to the presentations. Especially in the presentations (which were rich sources of information) there is other information or further detail, and for this the reader may turn to the full report. Details of facilitators and their topics can be found in the conference agenda, which is attached as an annex to this report. Full details of the presenters and their presentation papers are also contained in the full conference record, which can be obtained from UNDP. (See Annex 3)

 

The Transitional Federal Charter Article 11(4) indicates that “The Transitional Federal Government shall ensure that the process of federating Somalia shall take place within a period of two and a half years from the date that the Commission is established;
 
In May 2006 the UN Political Office for Somalia (UNPOS), in conjunction with the Office of the Speaker of the Somali Transitional Federal Parliament (TFP) conducted a five day seminar on Federalism and Constitutional Affairs for the Somali Transitional Federal Parliament in Baidoa, Somalia.  “Federalism - Form and mode of sharing powers and resources” was the discussion topic and one of the anticipated key output from that seminar was for the Parliamentarians to have “exposure to federalist government structure, as well as important constitutional matters such as the principle of separation of powers, devolution of Powers, Parliamentary and Presidential Systems of Government, etc.” 
 
In light of the recent Djibouti peace agreement and the ongoing constitutional drafting process, Somali decision makers identified the need to hold a conference to discuss ‘Federalism and decentralization options available for Somalia’.   UNPOS and UNDP supported this initiative and undertook to organize this event.  
 
The Purpose of the Workshop
 
The purpose of the workshop was to invite  political decision makers, subject-matter experts (federal, constitutional, legal, economists, social scientists, etc) from Somalia and the diaspora, for an in-depth discussion and review viable and desirable options and to assess which form of government - federal, unitary or other forms - is  most appropriate for Somalia.[1] 
 
Outcome and anticipated results
 
Three expert working groups were established to develop an action plan to review the in-depth key recommendations of the conference.  Recommendations from these working groups will bed submitted to the High-level Committee already established in the Djibouti agreement.
 
 
Presenters:
Somali and International Experts.
 
Facilitators/Discussion Leaders:
Somali experts.
 
Participants:
The Honorable Prime Minister, Ministries, Parliamentarians, Independent Federal Constitution Commission (IFCC) and other stakeholders from the Somali diaspora, The United Nations (UN), and other International experts- approximately 70 people.      

 

 

Text Box: “On behalf of all the participants of the Nairobi conference on Federalism and Decentralization: Options for Somalia, I would like to thank the UNDP Somalia staff for their …efforts to make the conference a success. Indeed it was a successful conference looking at the diverse expertise of the participants, their willingness to focus on the task at hand and the desire by all to make it a success”. 
(Somali diaspora participant)
Text Box: “I would like to …congratulate UNDP leadership for giving us the opportunity to find a lasting peace for Somalia. I have the feeling that was the start of a positive step towards a better Somalia”.              (Somali diaspora participant)

 

THEMES OF DISCUSSIONS
 
This section summarizes the discussions of the workshop on ‘federalism and decentralization options for Somalia. The deliberations explored six thematic governance areas inter-alia:
 
  1. Forms of Governance i.e. Federal, Unitary and Other Systems,
  2. Clan Realities- Impact on Future Government Systems,
  3. Fiscal Federalism – Options & Implications,
  4. Establishment of Commissions in the Charter -Border, Electoral, Census & Collection of Statistics
  5. Executive, Legislative, Judiciary, Federal, Unitary, Decentralized Institutions
  6. Appropriate Governmental Systems Including Federalism, and Implications of Each for Somalia
 
Each of the six themes was discussed separately in a session. Below is a summary of the reflections of the deliberations that were conducted under the six broad themes.
 
 
I.                   Forms of governance: Federal, Unitary and other systems
 
This session provided an overview of federal, unitary and other systems of governance and their application in Africa and other regions.  The session outlined pros and cons of the various systems and what is appropriate for Somalia.
 
A comparison of the federal and unitary options presented by Mr. Omar Salad, favoured a unitary system. In his words a decentralised unitary system with regions or provinces exercising substantial constitutionally guaranteed autonomous powers is the most appropriate and applicable governing system for Somalia. Reasons advanced were that; a) Somalia is a homogenous country, b) land conflict issues, c) restoration and consolidation of strong national central government and institutions, d) strong national defence, e) single national citizenship and immigration policy, f) national economic and monetary policy,  and g) strong national foreign policy.
 
 
 
 
A presentation by Dr. Markus Böckenförde on federalism and legal characteristics of federal and
unitary states demonstrated how government powers can be shared between different levels of government and devolved to lower levels through vertical and horizontal separation of legislative, executive and judicial powers. His discussions supported adoption of Transitional Federal Charter (TFC) as a feasible solution to the Somali governance problem. Federalism was favoured due to its ability to represent interests of regional government in the national parliament. Federalism would work well if responsibilities of each level of government are enshrined in the constitution with arbitration mechanisms in place. Federalism was suggested as a panacea to marginalization and abuse of powers, which had existed in unitary systems that existed in Somalia during the pre-civil war era. Participants were urged to consider how far a federalism system can assist Somalia to achieve its objective and not just accept a federal system because it is stated in the TFC.
 
Workshop participants had several varied reactions to presentations on systems of governance. Participants suggested the need for transition guidelines to be included in the constitution to guide transition from the old to the new governance order to avoid power struggles.
 
Many participants supported a unitary system with a quasi-federal system within it, but with caution that a federal system is expensive and could exacerbate conflict and divisions in Somalia. Participants pointed out the need for a unitary system where regions would maintain their autonomy, while the central government maintained economic control. Participants’ argued that due to homogeneity of language, culture and religion in Somalia, the unitary system was more viable. Most emphasized the need to recognize historical problems that contribute to the current power struggle between the President and the Prime Minister and help define the powers of each in a new government.
 
Participants advocated for a common vision for Somalis to live together under the shared rule and the need for the national government to respect the autonomy of lower levels of government at all times and intervene where there is abuse of democratic principles and propagation of corruption.  The need to address levels of control on key sectors, such as education, health, military, animal control etc, was apparent. Additionally, the need to involve women in governance discussions particularly with regards to women’s participation in a secular system was emphasized.
 
Plenary discussions wrapped up the discussion on the governance options for Somalia. There was consensus that it was the delegates’ responsibility to discuss the best form of governance for Somalia.
 
Participants of Puntland region of Somalia felt that the TFG had sidelined them in the discussions on governance options and were not making full use of resources available to them.  They offered to share their experiences and requested to be more actively involved in the peace process.
 
The Transitional Federal Government promised that the peace process and the constitution discussions would be all-inclusive and would not be controlled by few people from one region. Participants proposed the need to start the Somali reconciliation process with the constitutional drafting in conjunction with mutual dialogue initiatives.
 
Plenary discussions supported a decentralized system with an appropriate functional central government based on the Somalia culture and tradition and gave reasons in support of this system as the existing cultural and religious homogeneity in Somalia. Participants pointed out the need to establish an accountable government system whether it is the unitary or federal system, that must avoid misuse and abuse of the system.
 
 
II.                Clan realities: Impact on future government systems
 
This session provided a Somali interpretation of clan realities and its impact on the Djibouti peace talks, constitutional drafting process and selection of appropriate systems of government. Participants discussed the link between clan realities, federal, unitary or other types of government and how best to build on the clan structure to provide increased social and economic stability for Somalis.
 
The first key speaker on the subject of clan realities and its impact on the future government systems was Prof. Abdi M. Kusow, a Somali subject matter expert. According to him, the main drawbacks to clan unification and the Somalia peace process include; the existence of social boundaries that exclude some segments of Somali society, special distance (for instance, Northern Somalis are perceived as different from their Southern counterparts), social distance based on culture, mode of production, genealogy and language, and territorial narratives e.g. U Dhashey vs. Ku Dashey. He adds that, the civil war made territorial narratives predominant over the other narratives. Other recent narrative since the last 5 years is that no clan is stronger or larger than the other. The presenter believed that clans are a reflection of social inequality in Somalia.
 
Mr. Mohammad Osman Jawari made the second presentation on behalf of Mr. Abdurahman Osman Abdulle ‘Shuke’ ‘the Somali cultural, socio-economic and women’s status under the clan structures’. 
 
He pointed out that traditionally, Somalia was governed by the customary law (xeer) and Islam, linked to pastoral life which all shapes the value systems and norms of Somali society. These systems excluded women from all decision-making processes. Women had no obligations in clan matters whether, marriage to different clan or not. They were not allowed to participate in wars or own property and their roles were limited to home making. But in post-conflict era, women’s role is changing and there are many examples of peace-making role and advocacy spearheaded by them.
 
According to the presentation, in Puntland, the number of titled Isimo (chiefs) has increased in the last century from 8 in 1920 to 65 in 2005. Reasons for the rise in the number of Isimo include weakened traditional xeer, politicization of clan system by the political system, population growth and migration, search of social recognition and political participation, absence of rule of law, due to the civil war and economic factor among others.
 
The presentation raised the question of whether the clan structure needs to be included in the political leadership process and at what level. There was apparent need to engage clans in the political processes to minimize political instability.
 
In response to presentations made on this subject, participants agreed that a functional political system should not be based on clans and that efforts should be made to promote citizen participation. From an Islamic perspective, clans were developed for people to facilitate interpersonal relationships and to establish people’s rights within clans. A state with clan structures cannot work. The tradition (Sunna) of the Messenger (Pboh) rejects clanism. In the Somali society, clan is a real issue that cannot be ignored, but should be controlled through the state or constitution.
 
In plenary discussions a participant felt that clanism is not the root cause of Somalia’s problems as Somalia was the first African country to experience a peaceful presidential transition in the early 1960’s.
 
Discussions pointed on the need to take into consideration how governance systems would affect women’s’ representation, how discrimination against women and minorities would be dealt with, how equal opportunities representation in decision-making and gender implications on the narratives would be ensured.
 
Participants collectively supported the need to promote equal citizenship and fight retrogressive beliefs that each clan is superior to another.  One of the ways would be through formation of national political parties as opposed to clan-based parties.
 
 
III.             Fiscal Federalism: Options & Implications
 
This session provided an overview of the fiscal and resource issues that a national government with autonomous regions must consider. Delegates also reflected on the type of legal framework, national and regional institutions that must be established to administer fiscal federalism.
 
Presentations suggested various fiscal architectural design options which included; having two or more levels of government, geographic units, formation of institutions of governance, allocation of functions, competencies of governance and ability to address the inter-governmental levels vertically.
 
Dr. Mutakha Kangu, an international expert and Mr. Frederick Kilby of the World Bank presented papers on the subject. In his presentation, Dr. Kangu made a suggestion for the government to have a vision to foster equality in distribution of Somali resources, intervene and support the interests of the weaker groups.  He added that emphasis should be made to raise enough revenue through taxes and achieve equal living standards for citizens. Consequently, financial equality could be achieved through a taxation system proportionate to regional resource capabilities.
 
The speaker stressed on the need to strengthen four aspects of financial power: 1. power to tax and raise revenue, 2. power to administer revenue, 3. power to spend revenues and 4. Power to control and audit revenue. These could devolve in different ways. The national level may raise the most taxes; lower levels may raise less revenue. It is vital to establish whether regions have the human capacity for revenue collection.  The national level could therefore be given the power to collect and administer taxes on behalf of the lower levels. Unfortunately, this may lead to centralized power rather than devolution.  Another option that was suggested is for spending to be distributed based on a rational approach that is shared in a formula that could rotate funds to various regions, employing financial equalization. 
 
Mr. Frederick Kilby’s paper was on tax collection and its linkage to wealth.  He made a proposition to the delegates to consider a block grant system that determines how much money can be distributed to the state level. This provides greater dialogue and transparency.  State budgets decide spending on sector budgets.  The advantage is that it allows states to make decisions on tradeoffs.  A transfer system may allow for greater reconciliation. For example, Somaliland administration is already operating with its own limited budget to maintain security and civil service.  There may be a need for more flexibility until a robust system is in place. 
 
It was also observed that domestic borrowing in Somalia is limited, leading to printing money until the rehabilitation of the commercial banking system.  Guidelines on sub-national borrowing should be considered in the future, to avoid the risk of debt financing. Capacity development and financial reporting should also be considered.
He noted that for fiscal federalism to work, accountability should be enforced.  Together with this, a strategic policy at municipal level with legal independence must be established.  The right to raise revenue and avoidance of asymmetrical relationships between regions are requisite for the success of fiscal federalism.
 
In the plenary discussions, it was concluded that tax collection should be a holistic system with vertical checks and balances at the federal levels.  The rule of law and restoration of security should take precedence when discussing the constitution so that taxes revenue collection are not exploited nor corrupted. 
 
International trade tax was viewed as the main source of revenue.  Consequently, reforms should consider how much the central government distributes and receives from trade.  One option is to look at the relative poverty of states.  Another option is a conditional formula that is developed by consensus between the central and state levels.  This relationship may be too embryonic to be effective at this stage. 
 
A suggestion was made of the possibility of Somaliland and Puntland coming together as the case was with South Africa after abolishment of apartheid that led to the unification of regions. Regional central banks and armies agreed to centralize. 
 
The statistical basis for the 4.5 formula was challenged because it is not clear how clans determined their sizes.  This 4.5 system leans towards an apartheid system, because the 0.5 clans are the most productive and feed the nation.  This system is impractical for Somalia, hence the need to establish another system to be used in the distribution of economic benefits.
 
 
IV.              Establishment of Commissions in the Transitional Federal Charter: State Boundary Demarcation, Electoral, Census and collection of statistics
 
This session explored the establishment of commissions to handle state boundaries, electoral and census issues and the collect statistics
 
Mr. Ray Kennedy the main presentation during this session, he indicated that the Election Management Body (EMB) would include the judicial or the Executive/Administration, which may be the only alternative as it is the only function present throughout the country. The administrative element can be the Government and it can play the role of oversight that is independent and permanent (best practice) vs. temporary (short-term and less expensive, longer-term more expensive) management systems or mixed models.  Commission responsibilities include the formulation of legal framework and policies. Oversight should be both general and specialized e.g. finance, media.  Dispute resolution mechanisms should also be considered. The Selection/ Nomination of Members should consider participation of the executive, legislative, judiciary, parties and CSOs. Criteria for Membership: age, citizenship, not a party official, not a candidate, not closely related to candidates, can balance ethnic and regional considerations that include women and persons with disabilities. Size: between 3-13, depends on the objectives. It is highly advisable to put primary EMB to be in place well before the planned election date. EMB is a priority before a law is legislated. Why is the EMB important? Credibility, legitimacy and acceptance of elections will be the true reflection of the will of the Somali people.  It is well worth the effort to get this right.
 
Responses to the presentation indicated the necessity for boundaries, elections and census statistics commissions to urgently be established by the TFG immediately.
 
A recommendation was made regarding separation of the political and technical mandates. Additionally, a proposal was advanced to start with the development of one institution, to establish the legal framework through an act of parliament before the presentation of political issues. This should be followed by work on the administrative, governance, technical, executive structures.  This initial stage will take a year to begin. 
 
Participants stressed the need for good governance and qualified personnel in the development of these institutions. Fairness in representation, involvement of the diaspora and timely delivery were emphasized.
 
Participants indicated the need for development of a model that reflects Somali communities. They gave an example of the Independent Federal Constitution Commission and the Civil Service Commission as models in place and working. They also stressed on the need to establish a Reconciliation Commission to spearhead the peace.
 
The need to develop trust was also pointed out. The need to work with the media in developing commissions to foster transparency was suggested to enhance trust.
 
The question of representative membership such as the parliament raised the issue of limiting membership.  Knowledge and expertise should also be considered in addition to representation. 
 
Participants agreed that policy debates must be taken to the grassroots level and the international community can provide expertise to Somali partners and should not take up issues by itself.
 
Regarding membership of commissions, participants advised those wishing to join commissions should be motivated by a calling and not big salaries. Moreover, the number of members should be enacted, including the selection criteria as determined by not only the ministries but also the entire cabinet.  Recommendations such as merit, without past criminal record, expertise and qualification should be considered. 
 
The procedures for setting up commissions were focused on the three new commissions, namely; Boundaries, Election, and Census were summarized and these included;
·         Somalis must have the ownership and members should only be Somalis.
·         Identify who will carry on the process after the departure of foreign partners
·         Every commission has a link to one of the TFG existing ministries, such as Ministry of Regional Development Federal Affairs and Constitution (link with IFCC). The particular ministry should lay down the framework and regulations (law, governance, etc) of the commission and administer the issues that concern that commission.
·         Process of appointing commissions= cabinet—parliament—commissions parliament to the president, and the president approves or responds with recommendations.
·         Remaining commissions will be part of constitution approval process including the eventual constitutional referendum. This will require parliament to enact an election law.
 
During the plenary discussions, a number of observations and recommendations were made. An observation was made that Puntland and Somaliland are in the election process in early 2009, although it is feared delays may occur.
 
A participant stated that an attempt to fix borders by Italy with the help of the UN in 1950 failed and now Somalia has to start all over again with only 9 months remaining of the TFG. 
 
A recommendation was made on the need to enhance communication to increase credibility of the process since claims of marginalization are common. Further to this, all leadership crisis should be addressed locally without intervention from outsiders. There is need for a TFG to deal with violations of human rights by state and non-state actors.  Atrocities such as what happened in Somaliland in the 1980s and crimes committed against humanity should be addressed.  It was recommended that commissions should address this. A suggestion was made to seek simpler solutions like the establishment of task forces instead of commissions.
 
With regards to commission, the need for separation of the political aspects and the administrative was made. Commissions should therefore be headed and managed by technocrats.
 
Delegates pointed out the need for stable legal and political frameworks as a precondition for elections.  At least one year of preparation is required for elections to take place, for example, voter registration is an extensive exercise that needs detailed and careful planning. The Electoral Commission (EC) needs to build capacity to handle credible elections.  Therefore, establishment of the EC is a priority. 
 
There is need to recognize that both Somaliland and Puntland have made attempts towards democratization at varying levels and the TFG can learn from these administrations for future constitution writing. There was concern over how soon Somalia could produce a home-grown constitution.  The 1960 constitution is a product of colonial administration, yet today, Somalia has a lower level of human capacity and trust among its people than it did then.
 
The Border Commission should determine borders between villages, districts, regions and states will be created, while recognizing that this exercise will be a delicate process.
 
The constitution is far more important than recognized given that it is a long-term commitment.  The civic education component is very important. The constitution-making process should be handled with care since it is Somalia’s future. 
 
 
V.                 Executive, legislative, judiciary, federal, unitary,  decentralized institutions
 
This                              This session provided a general overview of the three levels of government and the power structure in a federal, unitary or other system.
 
Dr. Markus Böckenförde of Max Planck Institute and Eng. Musse Abdullahi, a Somali expert made presentations on this subject. 
 
According to Dr. Markus Böckenförde, the three arms of government within the federal system of government are shaped as; Legislative are responsible for the drafting of laws; Executive arm responsible for executing the laws and the Judicial arm responsible for the interpretation of laws.
 
He proposed separation of powers as the best way to control the misuse of power. In a federal model, it will be done at both the federal and sub-national levels.
 
He presented two options for court systems:
Option one: USA – This has separate model and a two-court system
  1. (Federal) National law has a court that applies only national level
  2. Each state has a second set of courts that apply only sub-national laws
Option two: Germany - with an integrated model and one court system.
i.      Sub unit courts also need to adjudicate federal law
ii.    Each case starts at a sub-unit court but can be appealed at the federal level”
 
On the topic of decentralization, Eng. Musse said there are three types of models, which could be explored for Somalia namely: 1. political decentralization, which is the transfer of political authority or responsibility, 2. fiscal decentralization, which is the transfer of responsibility for financial sources, 3. administrative decentralization that is the transfer of planning and financing. He added that, decentralization models provide better opportunities for a participatory process. Prerequisites for successful decentralization according to his presentation include political will, a solid legal framework, a powerful group with the government to support decentralization and the involvement of strong local elites to take responsibilities in their local areas. Guidance and support is needed from the central government for successful decentralization. The overall guiding principle is subsidiary. The strategies for decentralization are; dealing with resistance, design appropriate systems and capacitate the decentralized structures
 
Decentralization potential include; improvement of government functions, better representation of local communities , improvement of public services and strengthening of national integration. Limitations include; creating additional government layer may make the government ineffective, and it may increase public expenditures.
 
Responses to presentations indicated the need to select a system that is most advantageous to the Somali context. Decentralized form of government seems to be the best option for Somalia as it saves the country from disintegration and provides the local communities with closer ties to the government.
A clear system is needed based on centralized political power and federalized administration. Strong leadership will be needed to implement the chosen system – without failure. More time is required for debate on this issue to create awareness of the impact of clanism on Somalia.  A participant suggested that TFC is not a constitution. It needs to be changed or reformed, because it will soon become invalid because of the Djibouti Peace Agreement.  The constitution should be inclusive and not drafted by only one group. Somalia should start with a national constitution but develop state constitutions over time if there are specific issues that they need/want to address.
 
It was also stated that two court systems can be very expensive and require a lot of human resources for example India – supreme court (federal court) and high court for all the states (sub-unit court – only 1), while criminal law is a national matter.
 
Plenary discussions pointed out the need to separate powers drawing from Somali tradition – examples need to be based on similar contexts to Somalia and not Canada, or the UK.  A comparison is needed between the unitary, federal or other systems that will show the advantages and disadvantages to Somalis.
 
A participant stated that Somalis see politics as a dirty game of deception, government as unsupportive and not trusted and leadership as oppressors of the people. To avoid these stereotypes, Somalis need a constitution that can be implemented fully. It should also embed the vision of the people and be drafted by Somalis.
 
Leadership will be crucial and should represent the people and listen to their voices.  After the Djibouti Peace Process civic education will be needed for social transformation to educate Somalis in their roles and responsibilities.
 
What is needed from the Somalis is the best way to identify what the Somalis want by listening to what is being said and the opinions about past systems. 
 
 
VI.               Appropriate governmental systems: implications of each for Somalia
 
This session provided more focused presentations and discussions on the political, economic, legal and social status of the autonomous regions. In addition, the pros and cons of a federal system within a decentralized, autonomous region and other forms of government were introduced.   
 
The presentations and discussions were meant to focus on narrowing the options on federalism and decentralization for Somalia.
 
A paper written by Prof. Ehtisham Ahmed was presented by Dr. Hodan S. Isse, a Somali subject matter expert, during this session.
 
She stressed how the rule of law and peace, which is a precondition for federalism, must be well established. Safety, rule of law, transparency and accountability of common resources are all the duties of the government. The Government outlays including consumption, investment, expenditures must all be considered. A fiscal policy guiding the transfer payments and tax revenue should be studied.
 
A decentralized federal system can work for Somalia. The Government can be in charge of the transfer payments for welfare services e.g., support system for the unemployed, all within a decentralized system.
 
Fiscal policies must enhance economic growth, and improve living standards of the people. Economic reasons behind clan conflicts such as youth unemployment must be explored. Inflation should also be checked to stabilize and predict prices for commodities.
 
It was pointed out that the Central Bank should be independent of the government at the sub level with checks and balances in place. There should be a monetary policy with planning and budgeting offices to control the monetary flows.  A Federal Reserve System should be established.  Somalia could perhaps have four board members.
 
Responses reiterated the need for Somalis to learn from countries where they live within the diaspora.  The young generation should be given the chance to take the lead, albeit with advice from the older generation. 
 
Plenary discussions began with two fundamental questions regarding federalism, namely whether federalism is applicable to Somalia and whether the Somalis can agree on a system together. The Diaspora felt that the 4.5 formula benefits the leadership and not the common people. 
 
A comment reflected how federal system allows for flexibility. There are cases that sub-units can become an independent state as an option.  This could put pressure on the national level to deliver for the sub-unit so they may not opt for secession. 
 
The devolution of powers, symmetric or asymmetric are all options.  A unified system is not the problem, the malpractice and violations of human rights in Somalia were the problem. Through a constitutional process, federal or other systems could be assessed and adopted to address human rights within these systems. 
 
Different views were expressed on what would be the most appropriate form of government for Somalia. Considering Somalia’s colonial past, some delegates felt there was need to reject clan-based politics, disregard North and South regionalism and deliberate on what the best form of government should be for Somalia in general.  Others felt the North is a reality that must be discussed openly with the help of Somali lawyers at the conference.  Other’s felt that the international community had their priorities wrong for Somalia.  For example, humanitarian assistance for displaced communities in Somalia should take priority over discussions on systems of government.
 
A suggestion was made to have a referendum on the subject of the most appropriate form of government for Somalia in two years.  A  TFG member of Parliament said that the reason Somalia had a collapsed central government was because of corruption.  Decentralization gives powers to the regions, while a central government controls the country.  There is need for Somali intellectuals at the conference to come up with an alternative.  
 
An assertion was made that the conflict in Somalia is not between the Somalis but between the political elites who misuse the clan system.  This debate should elevate Somalis from our current position. There was a feeling that intellectuals, who left Somalia 20 years ago, cannot solve the country’s problems, but that only Somali intellectuals and elders living in Somalia can do so because they live and experience the changes in the country.  However, the Diaspora felt that they could still provide some advice because the values of Somali society are based on consultation. 
 
There was need to consider federal options from a logical rather than emotional perspective and not get into political disputes, since discussions were still at a technical level.
 
Demarcation of borders may cause problems in cases where basic needs are not met.  For example, in Somali tradition, there are no boundaries for grazing fields, thus nomads would not respect such boundaries.
 
A strong opinion was expressed that a federal system is not ideal for Somalia and is more appropriate for countries with different ethnic groups.  There are no federal systems based on clan.  A unitary government can be divided into seven regions that are not clan based.  There is need to identify what the common characteristics are, and the unique characteristics for Somalia. Most participants were appreciative that the Prime Minister sought their advice and were pleased to participate in these fundamental discussions on the system of government for Somalia.
 
OUTCOMES AND IMPACTS
 
It was agreed that the conference built upon the progress of the Djibouti agreement and provided a forum to dialogue on pertinent issues regarding governance in Somalia.
 
The presentations made were useful to engage Somalis on the options for the future of Somalia. The forum further strengthened the unity between TFG and ARS. The two groups set aside their differences and resolved to work together as one government.
 
Somalis expressed how the conference provided one single forum that united the Somali elite and political groups to discuss the fate of Somalia. It provided an opportunity to establish and enhance the links between Somalis outside and inside the country in an effort to solve the problems facing Somalis. The forum engaged Somalis in profound and meaningful discussions regarding governance options for Somalia.
 
The need for the leadership to convince Somali people that it will serve them and not harm them in order to cultivate trust became apparent.  Peace building was agreed upon as the most important way forward for Somalia.  It was observed that the implementation of the federal system in Somalia is dependent on re-establishing the regional administrations and making them operational.
 
The need to re-establish the dignity of Somalia became apparent in the discussions.  Discussions provided a window of hope in establishing a federal Somalia.  Realistic and good practice options of federalism for Somalia were explored.
 
 
RECOMMENDATIONS FROM THE SESSIONS
 
Recommendations are drawn from deliberations made during the presentations of the various sessions.
 
  1. Recommendations: Forms of governance: Federal, unitary and other systems
 
Recommendations from Academicians
·         Consider how far a federal system can assist Somalia to achieve its objective and not just accept a federal system because it is stated in the Transitional Federal Charter
 
Recommendations from international subject matter experts
·         A constitution should reflect Somalia’s history and culture.
·         The transition provisions from an old to a new order should be considered in the constitution to avoid a power struggle.
·         A unitary system with a quasi-federal or decentralized system where regions maintain their autonomy, while the central government maintained economic control was suggested
·         Recognize historical problems that have fuelled power struggles between the President and the Prime minister and outline their respective roles and responsibilities in the constitution. 
 
Recommendations from Somali delegates
·         It is the delegates’ responsibility to discuss the best form of governance for Somalia that emerges from Somalis themselves
·         The Somali reconciliation process should start with the constitution process.
·         They best system for Somalia would be a decentralized system with a centralized government.
·         There should be an action plan to ensure that the constitution is inclusive.
 
  1. Recommendations: Clan realities - impacts on future government systems
 
Recommendations from International Subject Matter Experts
·         A state with clan structures cannot work. The tradition (Sunna) of the Messenger (Pboh) rejects clanism.
·         The State should not be based on clans since it could lead to divisions rather than unity
·          In Somali society clan is a real issue that cannot be ignored.  It should be addressed by the State through the constitution.
·         Somalis themselves should solve the Somali problem.
 
Recommendations from Somali delegates
·         The current 4.5 formula cannot work. There is need to look forward to promote a common citizenry rather than clan divisions
·         There is a need to take into consideration how governance systems would affect women’s representation, how discrimination against women would be dealt with, how equal opportunities, representation in decision-making and gender implications would be ensured.
·         Understand how clanism has impaired the capacity of Somalis to contribute to unified society.
·         There is a need to promote equal citizenship because currently, there is a belief that each clan is superior to another. 
 
  1. Recommendations: Fiscal Federalism – Options & Implications
 
Recommendations from International Subject Matter Experts
·         The government should have a vision to support the interests of the weaker and marginalized groups through the equitable distribution of resources. 
·         The national level could be given the power to collect and administer taxes on behalf of the lower levels.
·         Spending may be distributed based on a rational approach through a formula that could distribute funds to various regions, employing financial equalization.
 
Recommendations from the international community
·         A block grant system that determines how much money can be distributed to the state level should be studied to provide greater dialogue and transparency. 
·         Consider how sub-national borrowing is conducted to avoid the risk of debt financing.
·         Capacity development for financial reporting needs to be considered.
·         Accountability is key for the successful implementation of fiscal federalism.  
 
Recommendations from Somali delegates
·         Progressive and regressive taxes should be studied
·         A holistic system with vertical checks and balances at the federal level is necessary for efficient tax collection.  The rule of law and restoration of security should take precedence when discussing the constitution in order for taxes not to be corrupted. 
·         A shared approach within a bicameral system where the two houses share power fairly and equitably with two chambers should be considered.
·         The reform of international trade tax should consider how much the central government distributes and receives from trade.  One option is to look at relative poverty of states. 
·         Another option is a conditional formula that is developed by consensus between the central and state levels.  This relationship may be too embryonic to be effective at this stage. 
 
  1. Recommendations: Establishment of Commissions in the Charter -Border, Electoral, Census & Collection of Statistics
 
Recommendations from International Subject Matter Experts
·         Electoral Management Structure can include various bodies, some exclusively related to elections, and others that have a broader mandate
·         The Government should have the oversight responsibility that is independent and permanent.
·          Dispute resolution mechanisms should be considered.
 
Recommendations from Somali delegates
·         Separation of the political and technical mandates.
·         Start with the development of one institution, before the political issues are presented.  
·         There is need for a unique Somali model. 
·         Establish truth and reconciliation commission to deal with violation of human rights.
·         There is need to work with the media in developing commissions for transparency and dialogue.  Knowledge and expertise should be considered in tandem with representation. 
·         Debates must be taken to the grassroots level with the international community only providing expertise. Somalis must have the ownership.
·         The maximum number of members should be enacted, including the selection criteria as determined by the entire cabinet.
·          Merit, and expertise and a good citizenship record should be considered in selecting members. 
·         There should be a strong legal framework before going to elections- one or two years.
·         Separation of political and administrative actors is necessary, commissions should be purely technical.
·         Stable legal and political frameworks are a precondition for elections.  At least one year of preparation is required for elections to take place.
·         The Electoral Commission needs to build its’ capacity in order to contribute to credible elections. 
·         The commissions should be reinvented and not represent solely the 4.5 formula.
 
  1. Recommendations: Executive, Legislative, Judiciary, Federal, Unitary,  Decentralized Institutions
This                             
Recommendations from the International Community
·         Separation of power is necessary to control the misuse and abuse of power.  A federal model will ensure separation of powers at both the federal and sub-national levels.
·         Court systems should be set up urgently to adjudicate set laws.
 
Recommendations from Somali Subject Matter Experts
·         Guidance and support is needed from the central government for successful decentralization.
 
Recommendations from Somali delegates
·         There is a need to carefully select a system that is most advantageous to the Somali context. A decentralized form of government appears to be the best option for Somalia as it saves the country from disintegration and provides local communities with closer ties to the government.
·         The separation of power is essential.
·         A clear system is needed based on centralized political power and federalized administration.
·         Strong leadership will be needed to implement the chosen system to avert failure.
·         More time is required for debate to create awareness of the impact of clanism on Somalia.
·         Two court systems may be too expensive considering the required human resources.
·         Leadership will be crucial in a constitution-making process in order to authentically represent the people and listen to their voices
·         Civic education will be needed for social transformation to educate them in their roles and responsibilities
·         Responsibility for the constitutional process is for the Somalis themselves particularly its implementation

 

6. Recommendations on Appropriate Governmental Systems Including Federalism, and Implications of Each for Somalia

 
Recommendations from International Subject Matter Experts
·         The Government outlays:  consumption, investment, expenditures must all be considered.
·         Fiscal policy must enhance economic growth, improve living standards, address unemployment and control inflation. 
·         There should exist a monetary policy with planning and budgeting offices in place
·         A Federal Reserve System should be established. 
·         Somalia should revisit the 4.5 formula of human resources and explore other ways of assessing and utilizing human resources based on capacities and merit based recruitment
 
Recommendations from Somali delegates
·         There is a need for Somalis to learn from countries where they live. 
·         It is time the young generation takes the lead, albeit with advice from the older generation. 
·         Somalis should come together to decide on their own model through a Somali led process. 
·         The Diaspora felt that the 4.5 formula is good for the leadership and not the common people. 
·         A federal system allows for flexibility. There are cases that sub-units can become an independent state as an option.  This could put pressure on the national level to deliver for the sub-unit so they may not opt for secession. 
·         Devolution of powers, symmetric or asymmetric are all options.  A unified system is not the problem, the malpractice and violations of human rights is the root of the problem.
·         Reconciliation was addressed as the prerequisite in order to adopt any system.
·         Somali delegates suggested that in conclusion to the presentations a committee should be established to review models presented at the workshop and come up with a realistic system that can realistically be financed. 
RECOMMENDATIONS FROM THE THREE SOMALI WORKING GROUPS
 
  1. Recommendations and concerns to be addressed under a federal system were assessed by a working group:
 
·         The need for a strong independent judiciary system was emphasized;
·         Reconciliation process must precede the implementation of federalism, otherwise it will be a hindrance;
·         There should be representation of the sub-units interest within the national parliament;
·         An arbitration mechanism to resolve legal disagreements is needed;
·         Five universal principals of federalism must be addressed;
·         Guarantees of social welfare must be assured;
·         The autonomy of the district and regional administration must be enhanced;
·         How to accommodate the will of the region, city or district that does not want to adhere or join the central level must be addressed;
·         Devolution of the administrative power to lowest level should be a driving principle in order to be  nearer to the people;
·         Clear definition of citizenship, minorities and their respective rights;
·         The federal system is very expensive to implement, how will can adequate financial support be secured
·         Federalism should  be clearly defined and based on geographical regions, rather than clanism
·         Federating the sub-units - the following options should be considered: (a) based on 8 regions as in the administrative boundaries of 1960; (b) two state federation composed of North and South;
·         Principles of balance and equality should guide fiscal federalism and economic policy implementation;
·         Civic education and awareness are needed;
·         Uphold the provision of article two of the charter;
·         Secession, the key fear of the idea of federalism, must be made as clear as possible, and transparently addressed;
·         4.5 power sharing should be terminated all together;
·         Electoral rights that defines rights and obligations of the voters should be established;
·         Advantages of a unitary system were considered:  a) less expensive, b)  quick decision-making processes;
·         Avoid politicized clanism; 
·         All bilateral and international agreement must be reserved for the federal government;
·         State government and district powers must be clearly defined;
·         The constitution of federal government must be amended subject to the ratification of states;
·         Additional commissions were suggested: A national ethic commission, national commission for religion and Islamic compliance; and an independent anti corruption commission for all levels;
·         Limitation of presidential terms to only two terms- of 4 years per term;
·         Dignified and suitable allowance and pension for the President of federal republic must be established in order to ensure the high calibre leadership.
 
  1. A working group assessed what key aspects of a federal system they wished to see under the Charter.  The following ten points were recommended:
 
·         Inviolability of Somali unity, sovereignty and territorial integrity
·         A highly decentralized system of governance with checks and balances
·         Islam is the religion of the nation, there should be no propagation of other religions in the country.
·         Strengthening Islamic principles and positive Somali cultural values
·         Islamic Sharia shall be the basic source for national legislation
·         Cabinet members shall be selected from inside and outside the parliament.
·         Full and accurate implementation of the provisions of the TFC and Constitution at all levels of government.
·         Establishment of a National Constitutional Court
·         Transparency and accountability at all levels of government
·         Genuine and comprehensive reconciliation at all levels.
 
  1. A working group identified priority issued to be addressed within the following sectors: 
 
Political Institutions
·         Establish a peace-building platform that includes conflict resolution, reconciliation and rehabilitation mechanisms.
·         Rule of law should entail equal protection of human rights for all and due punishment under the law.
·         The establishment of independent judiciary system, police, courts and custodial institution, promotion of human rights, rehabilitation and reintegration.
·         The leadership in the transitional period should be based on meritocracy.
·         Establish platforms that can produce efficient leadership.
·         Establish leadership-training institutions.
·         Strengthening civil society institutions that can report and monitor to ensure accountability and transparency.
 
Peace Building
·         Establishment of a bottom up and a top down approach
·         Include civil actors: religious leaders, traditional elders, professional women groups etc.
·         The establishment of truth and reconciliations commissions at all levels.
·         Give a role to neutral communities in the peace building process.
·         Peace building must be based on social and cultural values.
·         Promotion of peace education
·         Increased women’s participation in the peace building process.
·         Limit foreign interventions in the peace process.
·         Identify individuals criminally responsible for alleged war crimes and crimes against humanity.
 
Social Issues – Gender
·         Gender should be a cross cutting issue.
·         Adhere to a quota of 30 percent for women at all levels in the decision making process.
·         4 months of paid maternity leave.
·         Establishment of an informal education system.
·         Establish measures restricting violence against women.
·         Abolish negative customary laws.
 
 
Social Issues – Minorities
·         Definition of minorities in the Somali context.
·         Protection of minority rights
·         Elimination of 4.5 formula
·         The establishment of anti-discrimination and anti-oppression laws.
·         Promote civic education.
·         Empower minority groups in all aspects
 
Social Issues – Clan
·         Establishment of social and professional organizations to replace clanism.
·         Establish geographical identity.
·         Census (registration of residents) should be prioritized
·         Establish a mechanism to eradicate clanism and to provide alternatives to 4.5
·         Limit the use of clanism in the political process during the transitional period.
·         Explore appropriate criteria that can ensure a just and fair representation for all.
 
Economic Institutions
·         Enhance and maintain free market economic policy
·         The return of public owned properties to government
·         The return of private properties to individuals
·         Protection of national and commonly owned resources
·         Use of foreign aid and domestic revenues to rehabilitate production in the following sectors, agriculture, fisheries, livestock, forestry and industry
·         Foreign aid resources given must be transparent accountable and should be subject to checks and balances
·         Economic policies, tax policies must be equitable, progressive and target poverty reduction and rehabilitation of economic sectors.
·         Establishment of an independent and credible central bank that has branches in all regions.
·         Trade policy that enhances free trade at all levels.
·         Establishment of regulatory policy and protection of private property rights.
·         Debt relief and request for grants.
·         Balanced distribution of economic resources in all regions and across sectors.
 
 
 
Social Services
·         Establish an effective public administration that can deliver public service such as education, health, water and sanitation, infrastructure etc.
 
 
 
THE WAY FORWARD
 
 
This national dialogue conference on Federalism and Decentralization Options for Somalia is the first among many that the United Nations and international partners can support the Transitional Federal Government to engage Somali experts to discuss and to build consensus around key constitutional principles.  This conference is the first among many such content dialogues and public consultations that will follow on topics raised in this conference and additional constitutional principles that should be discussed and analyses by Somalis.   The recommendations outlined in this report that emerged from this conference highlight the need for further studies and analysis of: 
 
1.      Federalism and/or Decentralization – Consultations on how a Somali specific form of government can be formed based on international and Somali lessons learned. 
2.      Clan, Traditionalism and Customary Law – Consultations on how Somalis wish to address this to promote lasting reconciliation?  What aspects should be enshrined in the Somali Constitution?
3.      Fiscal Federalism – several dialogues and consultations with Somalis, sharing comparative examples from international experts that should be studied and analyzed. 

 
 
 
 
 
 
 
 

 
 
 
 
 

ANNEXES

 

ANNEX 1: AGENDA

 
 
 

http://upload.wikimedia.org/wikipedia/commons/thumb/a/a0/Flag_of_Somalia.svg/250px-Flag_of_Somalia.svg.png
 
 

                                                                                                                               
 
 
 
 
 
 
 FEDERALISM and Decentralization
options for Somalia
Nairobi, Kenya
27-29 November, 2008
 
 
Background 
The Transitional Federal Charter Article 11(4) indicates that “The Transitional Federal Government shall ensure that the process of federating Somalia shall take place within a period of two and a half years from the date that the commission is established;
 
In May 2006 the UN Political Office for Somalia (UNPOS), in conjunction with the Office of the Speaker of the Somali Transitional Federal Parliament (TFP) conducted a five day seminar on Federalism and Constitutional Affairs for the Somali Transitional Federal Parliament in Baidoa, Somalia.  “Federalism - Form and mode of sharing powers and resources” was a discussion topic and a key expected output from that seminar was for the Parliamentarians to have “exposure to federalist government structure, as well as important constitutional matters such as the principle of separation of powers, devolution of Powers, Parliamentary and Presidential System of Government, etc.” [2] 
 
In light of the recent Djibouti Peace agreement and the ongoing constitutional drafting process, Somali decision makers have identified the need to hold a workshop to discuss ‘Federalism and decentralization - Options for Somalia’.   UNPOS and UNDP supported this initiative and undertook to organize this event.  
 
The Purpose of the Workshop
The purpose of the workshop is to invite  political decision makers, subject-matter experts (federal, constitutional, legal, economists, social scientists, etc) from Somalia and the diaspora, for an in-depth discussion and review viable and desirable options and to assess which form of government – federal, unitary or other forms - is  most appropriate for Somalia. 
 
Outcome and anticipated results
Establishment of three/four expert working groups (including members of the opposition) that will develop an action plan to review in-depth key recommendations of this conference.  The working groups will then submit their reports to the High-level Committee already established in the Djibouti agreement.
 
Presenters:  Somali and International Experts.
 
Facilitators/Discussion Leaders:   Somali experts.
 
Participants:  PM, Ministers, Parliamentarians, IFCC and other stakeholders from the diaspora, UN, international experts – approximately 70 people.

 
Annotated  Agenda
 
                                                      
Wednesday, 26 November
7:00 – 9.00 pm                                     Welcome reception  
    Waterfall area, Safari Park Hotel
 
 
Thursday, 27 November                 Bourgainville meeting room
 
9:00 am                                                Prayer
 
 
9.00 – 9.10 am                     Opening remarks and welcome note
                                                  H.E. Nur Hassan Hussein ‘Nur Adde’, Prime Minister
                                               

9:10 - 9: 30 am                    Welcome on behalf of UNPOS and UNDP
 Mr Bruno Mpondo, UNPOS on behalf of Amb. Ahmadou Ould Abdallah, 
 Special Representative of the Secretary-General (SRSG)
 Mr Mark Bowden, Resident Coordinator, UNCT
 Mr Bruno Lemarquis, Country Director, UNDP Somalia
                               
 
9:30 – 11:00 am                 Session One:  Forms of Federal (and other) Systems[3]
This session will provide a general context and background information on types of federal, unitary and other systems with examples from Africa and other regions.  As well, it will underline how these examples and the lessons learnt could be assessed by Somali decision-makers. Participants will be able to discuss the pros and cons of the examples and the appropriate systems for Somalia.
                                               
Chair:   Mr Walid Musa, Director, Political Affairs, UNPOS
                                                Presenters:  Mr Omar Salad, Dr Markus Böckenförde,
Respondents:  Mr. Ahmed Isaacks, Dr Mahmud Ali Turiare, Ms Jill Cottrell
 
 
Plenary  Discussion for all
 
11:00 – 11:15 am                                                         Coffee break
 
                                               
11:15 – 1:00 pm                  Session Two: Clan Realities - Impact on Future Government Systems
In this session, presenters will provide Somali interpretation of clan realities and the impact of the present friction on the peace talks, constitutional drafting process and selection of appropriate   systems of government. Participants will be able to discuss the link between clan realities and federal, unitary or other types of government and how best to build on the clan structure to provide increased social and economic stability for Somalis.

Chair:  Mr Sharif Hassan Sheikh Aden Issak 
Presenters:  Prof. Abdi M. Kusow,  Mr Abdurahman Osman Abdulle ‘Shuke’ – paper to be presented by Mr Mohamed Jawari on  his behalf
Respondents: Mr  Abdulkadir Aden Abdulle,   Mr Abdulrahman Moallin Abdullahi,   Sukyan Hassan Omar

Plenary Discussion
 
 
1: 00 – 2:30 pm                                                                   Lunch
 
                                               
2:30 – 3:45 pm                    Session Three: Fiscal Federalism – Options & Implications
                                                Although this complex subject requires a dedicated week-long conference, this session will provide an overview of the type of fiscal, financial and resourcing issues that a Somali national government with the autonomous regions must consider. As well, the participants must reflect on the type of legal framework and national and regional institutions that must be established to administer fiscal federalism. In future discussions, distribution of wealth and resources will also be considered in this context. 
 
                                                Chair: Mr  Abdulkadir Aden Abdulle  
Presenters: Dr Mutakha Kangu, Mr Frederick Kilby,    
Respondents:   Mr Mohamed Omar Jama, Ms Hodan S. Isse  
 
Plenary Discussion
 
3: 45 – 4:00 pm                                                             Coffee Break
 
4:00 – 5:45pm                     Session Four:  Establishment of the Commissions in the Charter –
                                                Border, Elections, Census and collection of statistics
The Transitional Charter provides for the establishment of three commissions that must be activated by Act of Parliament.  Experience of building such an institutional model will be provided by a UN elections expert.
 
Chair:   H.E Ahmed A. Adan, Deputy Prime Minister
Presenters:   Mr Ray Kennedy, Ms Annie Demirjian
Respondents:   Mrs Qamar Osman Ibrahim, Mr Farah Sheikh Abdikadir,                                        
Mr Abdirizak Osman Hasan ‘Jurile’
 
Plenary Discussion for all
 
5:45 pm                                Closing remarks: H.E Ahmed A. Adan, Deputy Prime Minister
 
 
Friday, 28 November
 
9:00 am                                                                                 Prayer                                   
 
9:00 – 9:15 am                    Opening Remarks: Mr Nur Hassan Hussein ‘Nur Adde’, Prime Minister
 
9:15 – 9:30                           Summary of discussions from Day One
Prof. Abdurahman Aden Ibrahim ‘Ibbi’
 
                                               
9:30 – 11:00 am                  Session Five:  Executive, Legislative, Judiciary, federal, unitary, decentralized institutions
                                                This complex also requires a dedicated conference.  However, this session will provide a general overview on the three levels of government and the power structure in a federal, unitary or other system.  Participants will be able to draw from their national and international experiences. 
 
Chair:  Mr Mohamoud Haji Nur
Presenters:  Dr  Markus Boeckenfoerde,  Eng. Musse Cabdullahi
Respondents:  Mr Abdurahman Mohamoud Farah ‘Janaqow’, Ms Jill Cottrell,                                                   
 
  Plenary Discussion
 
11:00- 11:15 am                                                                             Coffee Break
                                               
 
 
11:15 – 1:00 pm                  Session Six: Appropriate governmental systems including federalism, and implications of each for Somalia
                                                More focused presentations and discussions will be reflected in this session. This includes the political, economic, legal and social status of the autonomous regions. In addition, the pros and cons of a federal system within a decentralized, autonomous region and any other form of government will be introduced.   
 
Chair:   Mr Nick Pyle, UNPOS
Presenters:     Paper by Prof. Ehtisham Ahmed presented by Ms Hodan S. Isse
Respondents:  Mr Mohammed Isse ‘Trunji’, Osman Jama ‘Kaluun’,
 
      Plenary Discussion for all


1:00 - 3:00 pm                                                          Salatul Juma (Friday prayers)
 
                                                                                                     Lunch
 
 
3:00 – 3:45 pm                   Continuation of Session Six: Appropriate forms of governance,
                                            including federalism  and   implications of each for Somalia
 
   Plenary Discussion for all
 
3:45 – 4:00                                                                           Coffee Break
 
4:00 – 5:45 pm                    Session Seven: Identification of issues to be addressed in order to implement various forms of governments
                                                In this session, key issues: political, social, economic, clan, security, minority and human rights, gender, sharia law and other relevant issues to Somalis will be discussed. Participants may recommend more in-depth research and reporting to the High-level Committee.
 
Chair:  Mr Hassan Ali Mire
                                                Presenters: Mr Abdi M. Kusow, Mr. Mohamed Jawari
                Respondents:  Mr Farah Sheikh Abdikadir,   Dr Mohamed Ali Nur,  
                                            Dr Abdinur S. Mohamud
 
Plenary Discussion for all
 

5:45 pm                                               Closing remarks and summary of Day Two:
H.E Ahmed A. Adan, Deputy Prime Minister   
 
 
 
Saturday, 29 November                                 
 
9:00 am                                                                 Prayer
 
9:00 – 3:45 pm                    Closed session:  SOMALI participants only  
 
                                                Facilitator:   Mr Said Farah, Director, Good Governance Bureau
 
§  Establishment of three to four expert working groups
      (including members of the ARS)
§  Summary of discussions from the conference working group
§  Next steps and way forward    
 
1:00 – 2:00 pm                                                    Lunch
 
2:00 -  3:45 pm                    Continuation of closed session:  Preparation of findings and
                                                recommendations from working group
 
                                                                                _________________
 
1.00-2:00 pm                       UNPOS/UNDP lunch with the international community
 
2:00-3.45 pm                     debriefing with international community - Bogoria room 
                                                Chair:  Amb. Ahmadou Ould Abdallah, SRSG/Mr Mark Bowden (tbc)
                                                Presenters:  Mr Walid Musa, UNPOS/Ms Annie Demirjian, UNDP-Somalia  
                                                               
 
3:45 – 4.00 pm                                              Coffee Break
 
 
4:00 – 6:00 pm                    Session Eight:  Presentation of findings and discussion with
international community

                Co-Chairs: H.E Nur Hassan Hussein ‘Nur Adde’, Prime Minister
                                                                   Amb. Ahmadou Ould Abdallah, SRSG


6.00 pm                                 Closing Remarks
H.E Nur Hassan Hussein ‘Nur Adde’ Prime Minister
Amb.  Ahmadou Ould Abdallah, SRSG
Mr Mark Bowden, Resident Coordinator, UNDP
Mr Bruno Lemarquis, Country Director, UNDP Somalia
 
 
    *********
 
 
 
 

 

ANNEX 2: LIST OF PARTICIPANTS

 
 
 
 
 
No.
Organization/Role
Name
 
1
International  Subject Matter Experts
James Ray Kennedy
 
2
Jill Cottrell
 
3
Dr Mutakha Kangu
 
4
Ahmed Issak Hassan
 
5
Mohamed Osman Jawari
 
6
Sukyan Hassan Omar
 
 
No.
Organization/Role
Name
 
1
Somali Subject Matter Experts
Osman Jama Ali
 
2
Mohamoud Haji Nur
 
3
Farah Sheikh Abdikadir

 
4
Abdi M Kusow
 
5
Omar Salad
 
6
Said Farah Mohamoud
 
7
Abdulkadir Aden Abdulle
 
8
Mohamed Issa Trunji
 
9
Abdullahi Said Osman
 
10
Mohamed Omar Giama
 
11
Mohamed Ali Nur
 
12
Hassan Ali Mirreh
 
13
Abdinur  S. Mohamud
 
14
Qamar Osman Ibrahim
 
15
Abdurahman Moallin Abdullahi
 
16
Mohamed A. Eno
 
17
Dr Ali Mohamed Mohamud
 
18
Mohamed Haji Mukhtar
 
19
Sahra Abdi Bargadle
 
20
Zahra Mohamud Koronto
 
21
Farah Abdulsamed Farah
 
22
Abdillahi Jama
 
23
Mukhtar Abdi Dhubow (IFCC)
 
24
Mohamed Muse Foley (IFCC)
 
25
Halimo Jama Afrah (IFCC)
 
26
Eng. Musse Cabdullahi
 
27
Hodan S. Isse,
 
28
Aden Osman Hussein
 
29
Asha Dirie
 
30
Abdirisak Aden
 
31
Dr. Ali A. Hersi
 
32
Muse Ali Omar (PCC)
 
33
Abdulfatah Ibrahim Rascid (PCC)
 
34
Ismail Hassan Mohamud (PCC)
 
35
Fatuma Ibrahim
 
 
 
 
 
No.
Organization/Role
Name
 
1
UNDP Somalia
Mark Bowden
 
2
Bruno Lemarquis
 
3
Annie Demirjian
 
4
 Khalif Farah
 
5
Moe Hussein
 
6
Said Ahmed
 
7
Debbie Wandera
 
8
Omar Aden Mohammed
 
9
Abdullahi Sheikh Ali
 
10
Frances Kinnon
 
11
Gladys Ng’ang’a
 
12
Abdullahi Sheikh Abdinoor
 
13
Abdulkadir M. Alim
 
14
Varsha Redkar-Palepu
 
 
 
 
 
1
UN Political Office for Somalia
(UNPOS)
Bruno Mpondo
 
2
Nick Pyle
 
3
Dr. Walid Musa
 
 
 
 
 
1
World Bank
Fredrick Kilby
 
2
Ron Isaacson
 
 
 
 
 
1
Max Planck Institute for International Law
(MPIL)
Christoph Jaeger
 
2
Matthias  Reuss
 
3
Jan Schmidt
 
4
Markus Böckenförde
 
 
 
 
 
1
National Democratic Institute
(NDI)
John Lovdal
 
2
Mr. Edmond Efendija
 
 
 
 
 
No.
Organization/Role
Name
 
1
Alliance for the Re-liberation of Somalia
(ARS)
Hon. Sharif Hassan Sheikh Aden Issak
 
2
Hon. Abdurahman Mohamoud Farah
 
3
Prof. Abdurahman Aden Ibrahim
 
4
Dr. Mohamed Ali Ibrahim
 
5
Fouzia Mohamed Sheikh
 
6
Dr. Mahmud Ali Turiare
 
7
Mohamed Hassan Ali
 
8
Mohamed Abdi Yusuf
 
9
Abdyullahi Farah Qarey
 
10
Asho Hagi Elmi
 
11
Hussein Abdi Elmi
 
12
Mohamed Ali Haga
 
13
Ahmed Abdullahi Hussein
 
14
Mohamed Cheikh Hassan
 
 
 
 
 
No.
Organization/Role
Name
 
1
Office of the Prime Minister
H.E Nur Hassan Hussein                           
 
2
H.E Ahmed Abdisalam Aden
 
3
H.E Abdiwahid Elmi Omar
 
4
Abdirahman Omer Osman
 
5
Amina mohamed Ali
 
6
Abdulrahman Ismail Abdi
 
7
Daud Nur Hassan
 
 
 
 
 
No.
Organization/Role
Name
 
1
 
 
 
Somali subject matter experts from the Office of the Prime Minister
Prof. Abukar Hassan Ahmed
 
2
Prof. Mohamed Nur
 
3
Dr. Hassan Mohamed Ali
 
4
Awale Ali Kulane
 
5
Prof. Mohamud Ali Gure
 
6
Abdullahi Mohamud Mohamed
 
7
Omar Abdulle Alasow
 
8
Dr. Osman Jurile
 
 

 
 
Annex 3: Conference record and presentation papers.
 
 
If you wish to obtain copies of the papers presented at the conference and full record of the conference proceeding, please contact the following staff members at UNDP Somalia for assistance:
 
Ms. Varsha Redkar-Palepu
Project Manager
Somalia Constitution Making Support Project
Telephone: +254 20 425 5156
 
Ms. Debbie Wandera
Project Associate
Somalia Constitution Making Support Project
Telephone: +254 20 425 5152
 
 
 


Disclaimer: The views expressed herein are those of the author(s) and do not necessarily reflect the views of the United Nations
[2] Report of the Seminar On Federalism And Constitutional Affairs For The Somali Transitional Federal Parliament, By Ahmed Issack Hassan
[3] At the close of this session, a small working group of Somali experts will be created to capture the essential issues raised, and to support the working session on Day Three
 
 
 

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