Sunday, May 22, 2016

A Grand Finale for a Rogue Somali Muslim Brotherhood President assisted by Rogue Representatives of the International Community

Very clear statement from the group "Think Election 2016" ‪#‎Somalia‬
Rule Of Law Out in Somalia:
A Grand Finale for a Rogue Somali  Muslim Brotherhood President assisted by Rogue Representatives of the International Community
During the last 4 years, there has been steady descent on the efficacy of “Rule of Law” in Somalia despite a general commitment made by the Somali people in August 2012 under a new Provisional Constitution anchored on international standards of Rule of Law, and this document is the cornerstone and basic foundation under which all other social spheres of law, justice and human rights were to follow from. More importantly, the international community led by the European Union, USA, Sweden, Norway (the donors) and the UN, AU and IGAD placed enormous amounts of money and resources to the tune of hundreds of millions of dollars towards the establishment of fundamental principles of Rule of Law in Somalia in the last 16 years, and rightly so, since the root cause of the protracted Somali civil conflict is correctly identified as the absence of Rule of Law.
Today, the 22nd of May 2016 should mark as a sad day in Somali history and also
a reminder of the political bankruptcy of the office of the Somali  Muslim Brotherhood  President H.E Hassan Sheikh Mohamud and the hypocrisy of the international community fronted by UNSOM. President Hassan Sheikh Mohamud has today illegally signed a Presidential Decree legalizing a flawed electoral law that was tabled in parliament on April 30th, 2016 by the government and that was actively under debate in parliament as of Saturday, May 21, 2016.
Unconstitutional
Under the Provisional Constitution adopted on August 1, 2012, there are no
provisions authorizing an executive order to rule on electoral processes. As a matter of fact, that authority is preserved for parliament and contingent institutions it lawfully creates such as the National Independent Elections Commission (NIEC), a body that now exists.
Article 47 of the Provisional Constitution states as follows:
“The regulations concerning political parties, their registration, elections at the Federal level and the National Independent Electoral Commission shall be defined in special laws enacted by the House of the People of the Federal Parliament of Somalia” Article 111G (2) of the Provisional Constitution further provides the National Independent Elections Commission (NIEC) with the clear mandate to conduct both presidential elections and also elections of members of the federal parliament. In other words, the Constitution does not contain any provisions authorizing the executive to interfere with electoral processes.
More fundamentally, the Muslim Brotherhood  Presidential Decree of the President contravenes the very important principle of separation of powers enshrined in the constitution which compartmentalizes the powers of the three branches of government; the Legislator, the Judiciary and Executive as reflected in Article 3 (4) of the
Constitution. It also has the stench odor of conflict of interest as the current President HSM is also a presidential candidate in the 2016 elections whose electoral model he shamelessly now makes an unconstitutional decision over.
Among the reasons proffered by the  Muslim Brotherhood President for his illegal action is that
 
parliament dragged it’s feet for a couple of days in endorsing (not deliberating) the electoral model offered by the National Leadership Forum ( seven male members) and dated April 12, 2016. Even though Parliament knew that the model was flawed, it was genuinely trying to come up with an acceptable model that would cause no harm and on Saturday, the 21st of May 2016, there was a consensus to forge a middle ground. That middle ground was centered on ensuring a credible model on the Upper House and Gender Parity in the next parliament. With the complicity of Speaker Jawari and the international community, the proceedings before parliament were delayed for a few more days to allow for time to hatch this illegal plan. So it is not fair to blame parliament for this debacle.
Defense of Rule of Law and Not Parliament
It should be noted that the tenure of Parliament must end on August 20, 2016 and that no one, including yours truly will defend an extension of Parliament. Although there are plenty of Parliamentarians worthy of the appellation “ Honorable”, there are equal if not more of them who are less than honorable as Parliament has become associated with corruption and rightly so. Therefore, the debate before us is not about the preservation of the current Parliament but about Rule of Law. The foundational principle of Rule of Law must be defended here, considering that the suspension of the 1961 Somali Constitution by the Military Junta in 1970 is the root cause of the Somali civil war.
Article 4 (1) of our present Constitution states clearly that:
“..The Constitution of the Federal Republic of Somalia is the supreme law of
the country. It binds the government and guides policy initiatives and
decisions in all sections of government”.
 
It so happens that the very “Authority” that was trusted to safeguard and protect the Constitution is now engaged in thrashing it. The President of Somalia is under Article 87(1) (c) of the Constitution, the “Guardian and promoter of the founding principles of the Constitution”. Article 87 (2) of the Constitution emphatically states that the President “ shall carry out his duties in accordance with the Constitution and the other laws of the
Federal Republic of Somalia”.
 
Against this background, the actions of the president with respect to the  Muslim Brotherhood Presidential Decree is illegal and suspect and must be opposed on moral and constitutional grounds, but he has accomplices in the form and shape of an amorphous group called the International Group (Nairobi/Mogadishu based) who are not in anyway accountable to the Somali people.

The International Community
The International community led by UNSOM has today exposed itself glaringly as
corrupt with no moral fiber in its comportment, in so far as notions and principles of Rule of Law, justice and human rights are concerned. It is an open secret that the international community representatives to Somalia hatched this illegal and unconstitutional scheme, and that President HSM dutifully played his role as a minstrel in a show.
The Somali public suspected for over a decade that the So called International community was not committed to Rule of Law, was out of touch with the reality on the ground and that Somalia was used both as a social experiment and also a launching pad for the careers of mediocre and inept diplomats from the North. The International community has been engaged in a “ ticking-the-box” exercise in Somalia couched as policy-making marks for the better part of the last 16 years with a cavalier attitude of “ Damn the Consequences”. This latest scheme is the most ugly and dramatic consequence of this attitude and the Somali public would pay for this for years to come.
Where was the international community for the last 4 years when the  Muslim Brotherhood President enjoyed a clear mandate to affect an electoral model as directed to him under the Constitution? Why this frantic 11th hour spectacle of pyrotechnics of illusions to project a zeal for democratic elections when its members have been silent on the need for political reform during the last four years? Because, these people have been writing “feel-good” communiqués for the past three and half years on “ political reform, constitutional development, enhanced security and democratizations”, all of which did not reflect the concrete reality on the ground. And now when the chickens came home to roost, the most imaginative thing they could think of out of this political and security mess is:
To pressure a certified corrupt president to go the extra mile and engage in the most corrupt of political manners, the stomping on the very foundation of Rule of Law, The Constitution.
 
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