On May 28, 2023, President Hassan Sheikh of Somalia announced plans to implement universal suffrage, replacing the clan-based election system. This decision was reached following a four-day conference in Mogadishu, where the National Consultative Council (NCC) agreed to transition to direct universal suffrage by 2024, eliminating the 4.5 clan-based voting system.[1]
The constitutional crisis in Somalia emerged when President Hassan Sheikh Mohamud pushed for constitutional amendments aimed at expanding presidential powers, potentially leading to a constitutional deadlock in the country. This initiative, perceived as a bid to centralize authority, unfolded during Somalia's fragile political equilibrium. Amidst these developments, scrutiny intensified on Somalia's power-sharing dynamics, raising apprehensions regarding the nation's future stability.[2]
President Mohamud's appointment of Hussein Sheikh Mohamud as his senior adviser on constitutional affairs also fueled controversy amidst ongoing debates surrounding the amendment process of the Federal Government Constitution. Analysts argue that the President's unilateral pursuit of constitutional changes lacks sufficient consultation with crucial Somali stakeholders, including political figures, cultural elders, and Federal Member States like Puntland and Somaliland.[2]
On 27 November 2023. a group of Federal Parliament of Somalia announced the establishment of the National Correction Caucus, claiming it is designed to protect the country's constitutional framework. This action comes after President Hassan Sheikh Mohamud pushes for transitioning from a parliamentary to a presidential system, which includes abolishing the position of prime minister and introducing a vice president.[3]
The amendments notably curtail the powers of the Prime Minister and introduce direct presidential elections, departing from the indirect system where elders selected legislators who then elected the president. Additionally, the amendments set a five-year limit on federal autonomy, after which state leaders must seek reelection.[4]
Since 2012, Somalia has operated under a provisional constitution that was originally intended to be finalized by the Federal Parliament by 2016. This constitution was adopted provisionally by the National Constituent Assembly, which consisted of 825 representatives from diverse segments of society. The decision to adopt it provisionally was necessitated by the inability to hold a referendum due to ongoing security challenges.[5]
Despite efforts by two previous federal administrations, the task of finalizing the constitution remained unaccomplished. In May 2023, the current Somali government initiated a process to amend and formally approve the constitution. This move aims to address longstanding challenges and establish a comprehensive legal framework that reflects the aspirations of Somalia's diverse populace. The process is crucial for stabilizing the country's governance structures and paving the way for sustained political and social development. However, the recent opposition from various political figures and factions, including Puntland and other key stakeholders concerned about the inclusivity and transparency of the ongoing constitutional reform efforts.
Semi-autonomous state of Puntland, the oldest federal member state known as the "Mother of Federalism," strongly opposes the current constitutional reforms. Its leaders argue that rather than finalizing a new constitution, the reforms merely modify Somalia's provisional charters.[6]
The constitutional change process has sparked new tensions between the federal government and the semi-autonomous Puntland government.[7]
Several prominent Somali politicians also oppose the constitutional changes. These include former President Sheikh Sharif and his Prime Minister Abdiweli Gaas, former Prime Minister Omar Abdirashid, and Abdirahman Farole, former President of Puntland and current senator from Nugal. These five figures were the original signatories of the provisional charters in 2012.
Other Opposition political figures like former Prime Minister Hassan Ali Khaire, and member of the House of People Abdirahman Abdishakur, serving as a Presidential Envoy for drought, argue that the amplification of presidential powers could potentially undermine the role of the Prime Minister as a check.
On January 31, 2024. Puntland announced its withdrawal from the federal system, Puntland cabinets in their emergency meeting stated their intention to govern independently until constitutional amendments proposed by the central government are ratified through a nationwide referendum.[6][8]
Puntland also accused President Hassan Sheikh Mohamud of violating the constitution and losing his legitimacy.[9]
Puntland's denial resulted in concerns over the rushed nature of the amendment process and the lack of genuine public participation. Puntland's withdrawal from the federal system underscores growing discontent with the central government's approach to governance and constitutional reforms.[4]
Mohamud Aidid Dirir, Puntland minister of information accused President Hassan Sheikh Mohamud of “gather[ing] authority into his hands.” This is the second time Puntland has cut ties with the HSM administration.[10] In January 2023, the Puntland Government announced that it was acting independently from the federal government until the completion of the constitution via referendum.[11]
On 3 April 2024. the dispute between Puntland and the federal government escalated when Puntland's minister of finance met with representatives of the Ethiopian Foreign Affairs Ministry in Addis Ababa, Ethiopia to discuss trade cooperation. This meeting was not coordinated with the federal government of Somalia.[12]
Unlike Puntland, the breakaway region of Somaliland has firmly distanced itself from these amendments. Somaliland authorities maintain that they have never been party to the constitution utilized by Somalia, underlining their longstanding separation from the central government's legal framework.[4]
Ali Hassan Mohamed, Somaliland's minister for information, reiterated the region's stance, asserting that they are unaffected by outcomes in Mogadishu. He mentioned Somaliland's historical rejection of Somalia's constitution, dating back to the nation's inception in 1960. Mohamed highlighted that Somaliland's interests lie outside of Mogadishu politics, emphasizing a desire to avoid exacerbating existing political divisions within Somalia.[4]
Somaliland declared its independence from Somalia in 1991, yet its sovereignty remains unrecognized internationally. Despite this, Somaliland has pursued agreements with neighboring countries like Ethiopia, aimed at potentially securing recognition as a sovereign state.[4]
On March 29, 2024, Human Rights Watch urged and recommended in a statement that Federal Parliament of Somalia reject any proposed constitutional amendments that may weaken the safeguards for children's rights. Laetitia Bader, deputy Africa director of Human Rights Watch.[14] “Somalia’s parliament should resist efforts to weaken constitutional protections for children, especially girls,” she added. “Somalia’s donors should press the government to carry through on its claims that it is taking significant steps to meet its international human rights commitments, Somalia’s parliament appears poised to adopt amendments to the country’s constitution that could subject generations of children to harmful practices,” She added. “Constitutional reform should instead assist the government to better protect the rights of children.”[14]
On 30 March 2024, the federal parliament of Somalia approved several constitutional changes that the government says are necessary to establish a stable political system.[15]
31 March 2024, Puntland said it has withdrawn from the federal system and will govern itself independently until constitutional amendments are passed by the central government and approved in a nationwide referendum.[16]
On 03 April 2024. the Federal Government of Somalia has ordered Ethiopia's ambassador to leave the country within 72 hours,[17] along with the closure of Ethiopia's consulates in Somaliland and Puntland.[18] Diplomats and staff must vacate within a week.[19]
Related Research Articles
Puntland, officially the Puntland State of Somalia, is an autonomous territory formed in 1998 that became a Federal Member State. Puntland is located in the northeastern part of Somalia and its state capital is the city of Garoowe in the Nugal region. The region had a population of 4,334,633 in 2016. Geographically to the west, Puntland lays claim to the intra-46th meridian territories that were outside European colonial rule during parts of the Scramble for Africa period.
Sharif Sheikh Ahmed is a Somali politician who was the 7th President of Somalia from 2009 to 2012.
The Transitional Federal Government (TFG) was internationally recognized as a provisional government of the Somalia from 14 October 2004 until 20 August 2012, when its tenure officially ended and the Federal Government of Somalia (FGS) was inaugurated.
The following is an index of Somalia-related articles.
Galmudug, officially Galmudug State of Somalia, is a Federal Member State in central Somalia, with its capital at Dhusamareb. It is bordered to the north by the Puntland state of Somalia, to the west by the Somali Region in Ethiopia, to the east by the Indian Ocean and to the south by the Hirshabelle state of Somalia.
The transitional federal government (TFG) was the government of Somalia between 2004 and 2012. Established 2004 in Djibouti through various international conferences, it was an attempt to restore national institutions to the country after the 1991 collapse of the Siad Barre government and the ensuing Somali Civil War.
Villa Somalia in Mogadishu, is the palace and principal workplace of the president of Somalia. The current occupant of Villa Somalia is President Hassan Sheikh Mohamud (HSM) of the Federal Government of Somalia (FGS).
Abdirahman Mohamed Mohamoud Farole is a Somali politician. He served for many years in the government, acting as a governor of the Nugal region of Somalia in the 1990s and later as the Minister of Finance of the autonomous Puntland region in the northeast. From 8 January 2009 to 8 January 2014, Farole was also the President of Puntland. Farole's multipronged efforts at creating provisions and collaboration with international polities and organizations resulted in a drastic decrease in piracy along the Marinka Gardafuul.
Omar Abdirashid Ali Sharmarke, popularly known as Omar Sharmarke, is a Somali diplomat and politician. From 2009 to 2010, he was the Prime Minister of Somalia. He subsequently briefly served as Somalia's Ambassador to the United States in 2014. In December 2014, Sharmarke was reappointed Prime Minister of Somalia. His term ended on 1 March 2017, and he was replaced by Hassan Ali Khaire.
Abdisamad Ali Shire was a Somali politician and military officer who served as the Vice President of Puntland fom January 8, 2009, to January 8, 2014.
Asha Gelle Dirie is a Somali politician and civil society activist. From 2005 to 2012, she served as the Minister of Women Development and Family Affairs of the autonomous Puntland regional state in northeastern Somalia. Dirie is also the founder and Executive Director of The Asha Gelle Foundation. Additionally, she served as the Chairperson of the federal Constitutional Review and Implementation Commission between 2014 and 2015.
The Federal Government of Somalia is the internationally recognised government of Somalia, and the first attempt to create a central government in Somalia since the collapse of the Somali Democratic Republic. It replaced the Transitional Federal Government (TFG) of Somalia on 20 August 2012 with the adoption of the Constitution of Somalia.
Hassan Sheikh Mohamud is a Somali politician who has served as the president of Somalia since May 2022, having previously held the office from 2012 to 2017. He is the founder and current chairman of the Union for Peace and Development Party. He was indirectly elected as President of the Federal Republic of Somalia on 15 May 2022, defeating the incumbent president Mohamed Abdullahi Mohamed. A civil and political rights activist, Hassan was previously a university professor and dean at SIMAD University, which he co-founded.
The Provisional Constitution of the Federal Republic of Somalia is the supreme law of Somalia. It provides the legal foundation for the existence of the Federal Republic and source of legal authority. It sets out the rights and duties of its citizens, and defines the structure of government. The Provisional Constitution was adopted on August 1, 2012 by a National Constitutional Assembly in Mogadishu, Banaadir.
Himan and Heeb was an autonomous region in the Federal Republic of Somalia. Formed in 2008, its capital was the central town of Adado (Cadaado). In 2015 Himan and Heeb merged with Galmudug to form a much larger Galmudug which consists of Mudug and Galguduud regions.
Abdiweli Sheikh Ahmed, also known as Abdiweli Sheikh Ahmed Mohammad, is a Somali economist and politician. He has held leadership positions with various international organizations, including the World Bank, USAID, African Union/IBAR, the European Union, the Bank of Canada, COMESA, and the Islamic Development Bank in Jeddah.
Central Regions State was a prospective autonomous region in the Federal Republic of Somalia.
In 2021, elections for the Federal Parliament and subsequently the President of Somalia were due to take place, following a national agreement to reschedule them from the previous year due to the COVID-19 pandemic in the country.
The Political history of Somalia covers the development of the Somali government and institutional systems following the collapse of the Siad Barre regime in 1991.
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