27-29 November, 2008
ACKNOWLEDGEMENTS
We thank the Right
Honourable Prime Minister, Nur Hassan Hussein, and the Chairman of the Alliance
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
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
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
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
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 content of this report aims at answering questions such as: What type of government (federal, decentralized or unitary) is suitable for
During the debates, participants, many of who had not
met in decades, shared their deepest concerns about Somalia
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
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
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
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
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
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
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
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
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
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.
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THEMES OF DISCUSSIONS
This section summarizes the discussions of the
workshop on ‘federalism and
decentralization options for Somalia
- Forms of
Governance i.e. Federal, Unitary and Other Systems,
- Clan
Realities- Impact on Future Government Systems,
- Fiscal
Federalism – Options & Implications,
- Establishment
of Commissions in the Charter -Border, Electoral, Census & Collection
of Statistics
- Executive,
Legislative, Judiciary, Federal, Unitary, Decentralized Institutions
- Appropriate
Governmental Systems Including Federalism, and Implications of Each for
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
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 Somalia
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 Somalia
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 Somalia
Participants of Puntland region of Somalia
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
II.
Clan realities: Impact on future government systems
This session provided a Somali interpretation of clan
realities and its impact on the Djibouti
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
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
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
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
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
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
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 Somalia
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
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
- (Federal)
National law has a court that applies only national level
- Each state has a
second set of courts that apply only sub-national laws
Option two: Germany
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
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
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 Somalia
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 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
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
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
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
Different views were expressed on what would be the
most appropriate form of government for Somalia 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 Somalia Somalia
A suggestion was made to have a referendum on the
subject of the most appropriate form of government for Somalia Somalia
An assertion was made that the conflict in Somalia Somalia 20 years ago,
cannot solve the country’s problems, but that only Somali intellectuals and
elders living in Somalia
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 Somalia 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
Somalis expressed how the conference provided one
single forum that united the Somali elite and political groups to discuss the
fate of Somalia 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 Somalia
The need to re-establish the dignity of Somalia Somalia Somalia
RECOMMENDATIONS FROM THE SESSIONS
Recommendations are drawn from deliberations made
during the presentations of the various sessions.
- Recommendations: Forms
of governance: Federal, unitary and other systems
Recommendations from Academicians
·
Consider
how far a federal system can assist Somalia
Recommendations
from international subject matter experts
·
A
constitution should reflect Somalia
·
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
·
The
Somali reconciliation process should start with the constitution process.
·
They
best system for Somalia
·
There
should be an action plan to ensure that the constitution is inclusive.
- 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.
- 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.
- 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.
- 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
·
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
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
- 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.
- 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.
- 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.
·
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
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
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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
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
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
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
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’
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,
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
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
|
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|
|
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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
|
|
|
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|||
|
|
No.
|
Organization/Role
|
Name
|
|
|
1
|
Somali Subject Matter Experts
|
Osman Jama Ali
|
|
|
2
|
Mohamoud Haji
Nur
|
|
|
|
3
|
|
|
|
|
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
|
|
|
|
|
27
|
Hodan S. Isse,
|
|
|
|
28
|
|
|
|
|
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
|
Mark Bowden
|
|
|
2
|
Bruno Lemarquis
|
|
|
|
3
|
Annie Demirjian
|
|
|
|
4
|
Khalif Farah
|
|
|
|
5
|
Moe Hussein
|
|
|
|
6
|
Said Ahmed
|
|
|
|
7
|
Debbie Wandera
|
|
|
|
8
|
Omar
|
|
|
|
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
(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
|
(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
E-mail: Varsha.Redkar-palepu@undp.org
Telephone: +254 20 425 5156
Ms. Debbie Wandera
Project Associate
E-mail: debbie.wandera@undp.org
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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