The
formation of federal Member States (FMS) without legal and political consensus sparks
fresh political and social turmoil in all regions of Somalia. It is
unequivocally clear that the federal system based on clan ownership of territory
has become major obstacle to national reconciliation, peacebuilding, and
statebuilding in Somalia. It polluted the notion of state, citizenship, and
Islamic values and intensified clan rivalry and vanity within the Somali
society everywhere.
In a
meeting held at Chatham
House on May 9, 2014, Ambassador Nicholas Kay,
Head of UN Mission in Somalia (UNSOM) revealed for the first time that “Federalism should be seen as structuring Somalia along
strictly clan lines. There will always be minorities in each state and each
state must ensure it is inclusive.” He added that “At the time of his arrival, federalism was a hot topic
and it remains so today.”
No Somali citizen wants and deserves to be considered a minority in any
part of Somalia. UNSOM preempted genuine debate on the options of
decentralization system of governance including the clan federal system as prescribed
in the provisional constitution. Instead UNSOM, EU, and IGAD have ordered
implementation of “forced federalism.”
In an interview
with VOA,
President Hassan made the surprising argument that the ongoing formation of federal
states is a kind of “temporary structure” and the debate over the real federal
states has to wait until legal instruments are passed by parliament. This is
contrary to the way government should work, which is obligated to act in
accordance with constitution, laws, and regulations. The President’s argument makes
the federal government lawless.
In an
interview with Aljazeera correspondent, Prime Minister Abdiweli Sheikh Ahmed
justified federalism as follows: “Federalism is
inherent in Somali culture. Somalis have always been independent minded and
through centuries have wanted to manage their own affairs.” PM Abdiweli Sheikh seems confused about the
difference between individual freedom and clan federalism based on territory
ownership.
Leaders
of Puntland State (Harti Darod Enclave) brushed aside the need for a serious
debate over the pros and cons of federalism for national reconciliation, unity,
and prosperity. The clan demarcation line established within the Galkaio Town
symbolizes the underlying clan hatreds inherent in clan federalism. Mogadishu
residents removed the civil war Green Line for reconciliation.
There
are made-up excuses to not seriously deal with the real problem of Somalia
which is the lack of a national government that enjoys the support and confidence
of the majority of Somalis. The accusation that there is a “centralist” government
in Mogadishu, when the federal government protected by foreign forces does not
have existence outside Mogadishu is red herring. The continuous clashes between
Somaliland and Puntland are also evidence for the unsettled existence of both
entities.
The
claim that clan federalism heals civil war grievances and mistrusts, advances
reconciliation, or adequately responds to the secession stance of Somaliland,
or promotes democratic system of governance and national integration for socio
economic development and political stability is indefensible. It is like saying
that the divorce between wife and husband leads to reconciliation.
Somali
Commentators argue that Puntland and Somaliland use 3.5 clan formulas for
political power sharing- the three Mohamud Salebaans in Puntland and Others,
and the three moms (Habars) of Isaaq and Others in Somaliland. For example, Cadceed.Com
Website and AllSanaag
Website report many complaints about the clan
discriminations perpetrated in Somaliland and Puntland. The Khatumo State
seceded from Puntland for similar reasons. The International Crisis Group (ICG)
issued a gloomy report
in December 2013 on the clan tensions destroying Puntland.
The quarrels
between the federal government and regional states are not based on legal and
public policy disagreements. They are instigated by clan perceived entitlements
and political maneuvering. On August 1,
2014, President Abdiweli Mohamed Ali Gas of Puntland delivered speech
that spells the vision of de facto independent regional state despite repeated
lip service assertion for united Somalia. This is part of the political
dishonesty that plagues Somalia. Professor Said S. Samatar’s latest article
titled “Confessions
of a New Convert to Geri Koombo Clan-Family” describes
the hypocrisies Somalis are engaged under clan mantle. The present posture is that “my clan is
good/right while your clan is bad/wrong.”
On
July, 30, 2014, President Hassan announced the formation of the third Federal
Member State (FMS) by merging Mudug and Galgudud regions which I dub (the Unity State)
at the signing of another unconstitutional document by four members of the
Council of Ministers and representatives of three organizations (Ahlu Sunna Wal
Jama (ASWJ), Galmudug State, and Himan and Heeb State). This latest announcement
follows the disputed Jubbaland and Southwest States formed in different
processes and guarantors. The leaders of Puntland strongly opposed this third
regional State.
As
usual, US, AU, UN, EU, and IGAD issued press releases of support for the new
FMS. However, the press
release of the United States contains an important
paragraph that deserves close attention. It says that “the United States remains a committed partner to the government and citizens of Somalia and
will continue to support Somalia’s path towards a peaceful, stable, and
prosperous future.” This could hopefully mean that the United States is
attempting to move away from clan restructuring process underway in Somalia.
All
processes used to form the Federal States have undermined the sovereignty and
political independence of the federal government, usurped the responsibilities
of the federal parliament, and legitimized political dishonesty and disregard
of the rule of law. They abolished the right of the Somali citizens to
challenge the unconstitutionality and harmful consequences of the clan based
States.
Nepotism,
injustices, economic and financial mismanagement, rampant corruption, and abuse
of political power, have caused the total collapse of the Somali State. The
fight against those negative clan influences in the public sphere of Somalia is
fundamental for rebuilding the Somali State. There are tested legal systems, public
administration practices, and economic policies that guarantee regional
autonomy or decentralization of state power while strengthening the leadership authority
of the central government for national unity and harmony. The path for
Somalia’s recovery starts and ends with patriotic conscience, respect and
defense of the rule of law and Islamic values rather than in clan rivalry and
discrimination disapproved by Almighty Allah.
The
Somali society enjoys unique culture that has less to share with Germany,
Switzerland, or United States of America in terms of the latters’ choices for
different federal systems of governance suitable for them. Somalia needs a system
of governance that counters clan ills.
The
litigation over the federal and local governments’ democratic performances with
respect to the rule of law would make sense after the establishment of shared
central government that exercises power all over Somalia through integrated governance
structures. Then, the current temporary
clan formula of 4.5 or 3.5 in Puntland and Somaliland will be replaced by a transparent
and well administered electoral political system. Clan federalism weakens
national identity, unity, and reliance.
Mr. Mohamud M Uluso
mohamuduluso@gmail.com
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