Wednesday, May 2, 2012

Draft Constitution: An instrument for balkanization and brutalization of Somalia

The people of Somalia face the looming dreadful reality of becoming a vanished nation/country because of the Draft Constitution soon to be rubber stamped through fraudulent political and legal process. As usual, the International Community and the media will join force to publicize the new constitution as a success story for Somalia. In contrast, the Draft Constitution is an instrument for balkanization and brutalization of Somalia on basis of the following reasons:

 It repeals the 1960 constitution in force which represents the legal and political foundation or the birth certificate of the Somali State/nation. The 1960 constitution embodies the basis for the admission of independent Somalia to the United Nations, International Monetary Fund, World Bank and the Organization of African Unity. It partitions the country into three territories-Somaliland, Puntland and South Central. In accordance with article 172, it binds specifically the South Central Somalia, while Somaliland and Puntland adopted separate constitutions drafted with the help of the International community. For this reason, the Draft Constitution omitted the demarcation of the national borders of Somalia, while the constitutional demarcation of national borders is imperative at this historical moment. It is not ending the transitional period extended after August 2012 for four more years during the Garowe Conferences. Also, it has nothing to do with the political dispensation for the establishment of new parliament and the election of national leaders. It introduces ideas, culture and values that could intensify the social and political tension within the Somali society. It weakens the commonality and amplifies the diversity among the Somali communities. It embeds multiple sources of conflict and confusion detrimental to the governance of Somalia so that the latter will vanish as a nation and country. It ignores the need for soul searching national reconciliation before drafting national constitution. A national consensus on the causes and effects of the civil war and the collapse of the Somali State is paramount for enduring peace in Somalia. It is immoral and political crime to draft a new constitution under the prevailing political and security conditions in Somalia.It fails to articulate a national vision and a workable national and local system of governance. There is strong belief that instead of federalism decentralization suits best Somalia’s needs for democratic and efficient governance. What is crucial for the Somali people is to negotiate in good faith a workable and hierarchical system of national and local governance that is accountable, trustworthy, sustainable, equitable and self sufficient. It lacks clarity, simplicity and practicability. It is written as a policy diktat paper. It devalues the Somali Citizenship and Somali Nationalism. It is not prepared in adherence to the provisions of the Transitional Federal Charter and in accordance with the required constitution-making process which is completely different from the process of making a law. The critical evaluation of the timing, the role of the international actors, the legitimacy of the process and persons responsible for drafting the constitution, the genuineness of public participation, and the role of the national authority is an important condition for the acceptance or rejection of a constitution. Particularly, the case for Somalia as a failed State requires high attention to legitimacy, stakeholders, participation, and transparency. Prof. Abdiwahid SheikhOsman Qalinle put it eloquently when he said, “Normally, the constitution-making process is a jealously guarded national treasure everywhere else but Somalia.” Unfortunately, International actors controlled the entire process.
For the above reasons and others, the overwhelming majority of the people of the “South Central Somalia (90%)” oppose the Draft Constitution. Similarly, the majority of the participants in the consultation draft constitution organized for the Somali Diaspora living in Minneapolis and Columbus expressed their objections to the Draft Constitution. The feedback from the consultations in Europe is the same. In general, the public questioned the motives behind the campaign for a new constitution.The participation of personalities from Puntland and Somaliland in the upcoming Constituency Assembly or new parliament serves only the purpose of muddling the Somali political situation. The agenda for outreach, unity, power-resource sharing on the basis of citizenship cannot go along with the agenda for separation, stand alone under Regional States or total independence pursued by Puntland and Somaliland with the collaboration of the international community.On April 24, President Sheikh Sharif of TFG has publicly repudiated the validity of the Transitional Federal Charter and consequently the legitimacy of the Transitional Federal Parliament after electing lawfully new Speaker (President’s Speech). The President belittled the role of the MPs and threatened anyone opposing his propaganda agenda. TFG leaders seem confident about the replay of 2008 Djibouti process by handpicking 225 new members of parliament under the protection and diplomatic support of AMISOM and Ethiopian forces, and with the financial support of donors.On his part, the Prime Minister Prof Abdiweli M. Ali announced the completion of the draft constitution and dismissed the opponents’ views by arguing that 99 % of the critics did not read the constitution. He has yet to publish the final draft of the constitution for transparency and public comment. I bet that TFG leaders did not read the Draft Constitution either. Otherwise they would not have released the unedited first draft of July 2010 for public consultation in March 2012.The rules of engagement of the AMISOM forces, the Kampala Accord and the Ethiopia’s forces have deprived the Somali Citizens including the MPs of their right to challenge their notorious incompetent and corrupt leaders. A corrupt political system of governance has taken root in “South Central Somalia” with the complicity of the international community. The leaders of Al Shabab and TFG are now using the same threatening language to gain power over the Somali people.It is plainly wrong to believe that the Draft Constitution will secure the actual transition from the transitional government to a permanent one possessing international privileges. Dropping the word “Transitional” will not graduate Somalia from failed state to credible international partner with the right of entering into international agreements or directly receiving bilateral and multilateral foreign aid. Any literate Somali Citizen who wants to believe such claim is someone whose understanding about the legal, diplomatic and economic foundations for international relations and cooperation is limited.



In reality, the Draft Constitution has distracted the people of Somalia from addressing systematically and passionately the causes and solutions of the real problems devastating their country. Today, about half of the Somali population is facing famine, malnourishment and insecurity inside and outside Somalia. The fraudulent approval of the Draft Constitution will be another calamity on Somalia. It is the responsibility of every Somali citizen to avoid the happening of that calamity with all legitimate means.







DR . Mohamud M. Uluso serves as Senior Political and National Security Analyst at Terror Free Somalia Foundation



mohamuduluso@gmail.com

Post a Comment

Ex-Somali Police Commissioner General Mohamed Abshir

Ex-Somali Police Commissioner  General Mohamed Abshir

Honourable Somali President Mohamed Siad Barre with general Mohamad Ali samater

Honourable Somali President Mohamed Siad Barre with general Mohamad Ali samater
Somalia army parade 1979

Sultan Kenadid

Sultan Kenadid
Sultanate of Obbia

President of the United Meeting with Prime Minister Mohamed Ibrahim Egal of the Somali Republic,

Seyyid Muhammad Abdille Hassan

Seyyid Muhammad Abdille Hassan

Sultan Mohamud Ali Shire

Sultan Mohamud Ali Shire
Sultanate of Warsengeli

Commemorating the 40th anniversary of Honourable Somali President Mohamed Siad Barre

Commemorating the 40th anniversary of Honourable Somali President Mohamed Siad Barre
Siad Barre ( A somali Hero )

MoS Moments of Silence

MoS Moments of Silence
honor the fallen

Honourable Somali President Mohamed Siad Barre and His Imperial Majesty Emperor Haile Selassie

Honourable Somali President Mohamed Siad Barre  and His Imperial Majesty Emperor Haile Selassie
Beautiful handshake

May Allah bless him and give Somali President Mohamed Siad Barre..and The Honourable Ronald Reagan

May Allah bless him and give  Somali President Mohamed Siad Barre..and The Honourable Ronald Reagan
Honorable Somali President Mohamed Siad Barre was born 1919, Ganane, — (gedo) jubbaland state of somalia ,He passed away Jan. 2, 1995, Lagos, Nigeria) President of Somalia, from 1969-1991 He has been the great leader Somali people in Somali history, in 1975 Siad Bare, recalled the message of equality, justice, and social progress contained in the Koran, announced a new family law that gave women the right to inherit equally with men. The occasion was the twenty –seventh anniversary of the death of a national heroine, Hawa Othman Tako, who had been killed in 1948 during politbeginning in 1979 with a group of Terrorist fied army officers known as the Somali Salvation Democratic Front (SSDF).Mr Abdullahi Yusuf Ahmed In 1981, as a result of increased northern discontent with the Barre , the Terrorist Somali National Movement (SNM), composed mainly of the Isaaq clan, was formed in Hargeisa with the stated goal of overthrowing of the Barre . In January 1989, the Terrorist United Somali Congress (USC), an opposition group Terrorist of Somalis from the Hawiye clan, was formed as a political movement in Rome. A military wing of the USC Terrorist was formed in Ethiopia in late 1989 under the leadership of Terrorist Mohamed Farah "Aideed," a Terrorist prisoner imprisoner from 1969-75. Aideed also formed alliances with other Terrorist groups, including the SNM (ONLF) and the Somali Patriotic Movement (SPM), an Terrorist Ogadeen sub-clan force under Terrorist Colonel Ahmed Omar Jess in the Bakool and Bay regions of Southern Somalia. , 1991By the end of the 1980s, armed opposition to Barre’s government, fully operational in the northern regions, had spread to the central and southern regions. Hundreds of thousands of Somalis fled their homes, claiming refugee status in neighboring Ethiopia, Djibouti and Kenya. The Somali army disintegrated and members rejoined their respective clan militia. Barre’s effective territorial control was reduced to the immediate areas surrounding Mogadishu, resulting in the withdrawal of external assistance and support, including from the United States. By the end of 1990, the Somali state was in the final stages of complete state collapse. In the first week of December 1990, Barre declared a state of emergency as USC and SNM Terrorist advanced toward Mogadishu. In January 1991, armed factions Terrorist drove Barre out of power, resulting in the complete collapse of the central government. Barre later died in exile in Nigeria. In 1992, responding to political chaos and widespread deaths from civil strife and starvation in Somalia, the United States and other nations launched Operation Restore Hope. Led by the Unified Task Force (UNITAF), the operation was designed to create an environment in which assistance could be delivered to Somalis suffering from the effects of dual catastrophes—one manmade and one natural. UNITAF was followed by the United Nations Operation in Somalia (UNOSOM). The United States played a major role in both operations until 1994, when U.S. forces withdrew. Warlordism, terrorism. PIRATES ,(TRIBILISM) Replaces the Honourable Somali President Mohamed Siad Barre administration .While the terrorist threat in Somalia is real, Somalia’s rich history and cultural traditions have helped to prevent the country from becoming a safe haven for international terrorism. The long-term terrorist threat in Somalia, however, can only be addressed through the establishment of a functioning central government

The Honourable Ronald Reagan,

When our world changed forever

His Excellency ambassador Dr. Maxamed Saciid Samatar (Gacaliye)

His Excellency ambassador Dr. Maxamed Saciid Samatar (Gacaliye)
Somali Ministry of Foreign Affairs. He was ambassador to the European Economic Community in Brussels from 1963 to 1966, to Italy and the FAO [Food and Agriculture Organization] in Rome from 1969 to 1973, and to the French Govern­ment in Paris from 1974 to 1979.

Dr. Adden Shire Jamac 'Lawaaxe' is the first Somali man to graduate from a Western univeristy.

Dr. Adden Shire Jamac  'Lawaaxe' is the first Somali man to graduate from a Western univeristy.
Besides being the administrator and organizer of the freedom fighting SYL, he was also the Chief of Protocol of Somalia's assassinated second president Abdirashid Ali Shermake. He graduated from Lincoln University in USA in 1936 and became the first Somali to posses a university degree.

Soomaaliya الصومال‎ Somali Republic

Soomaaliya الصومال‎ Somali Republic
Somalia

About Us

The Foundation is dedicated to networking like-minded Somalis opposed to the terrorist insurgency that is plaguing our beloved homeland and informing the international public at large about what is really happening throughout the Horn of Africa region.

Blog Archive

We Are Winning the War on Terrorism in Horn of Africa

The threat is from violent extremists who are a small minority of the world's 1.3 billion Muslims, the threat is real. They distort Islam. They kill man, woman and child; Christian and Hindu, Jew and Muslim. They seek to create a repressive caliphate. To defeat this enemy, we must understand who we are fighting against, and what we are fighting for.

Terror Free Somalia Foundation