Constitutional Committee of the Somali Republic and Concerned Somali Citizens

FROM: Aman H.D. Obsiye
The Federation Process for the Somali Republic

Current Policy and Recommended Change

One of the key tasks the Transitional Federal Government of Somalia (TFG) must accomplish is federating the Somali territories. The current criterion to establishing a federal state is articulated in the Transitional Federal Charter for the Somali Republic, article 11, section 2(b): State Governments (Two or more regions federated, according to their free will).

In essence, the TFG will only recognize a federal state if it encompasses two or more provinces, from the eighteen provinces, based on the 1991 borders. Currently the Puntland State of Somalia (henceforth Puntland) is the only recognized federal state because it fulfills the current art. 11, § 2(b) criterion. Puntland encompasses the entire Nugaal and Bari provinces, as well as, pieces of Sool, Sanaag, and Mudug provinces. It should be noted that some of Puntland’s sovereign territory is illegally occupied by the secessionist armed forces of Somaliland.

For the federation process to be successful, the Constitutional Committee of the Somali Republic must alter art. 11, sec. 2(b). A minor change to that article can bring about major changes in the Somali Republic’s federal process. Art. 11, § 2(b) must now read as such:
State Governments (One or more regions federated, according to their free will).

This minor change, from changing the criterion from two provinces to one, will instantly increase the federal states of the Somali Republic from one to four. The four regional authorities that have professed their desire to be a federal state within the Somali Republic, and fulfill the improved criterion are: Awdal State, Banaadir State, Galmudug State, and obviously the leader of the federal state process, Puntland.

Current Federal States that Qualify

Awdal State’s jurisdiction is the Awdal province, which is currently illegally occupied by the secessionist armed forces of Somaliland.

Banaadir State’s jurisdiction is the Banaadir province and is currently under the complete control of the TFG. It is obvious that the Banaadir State, with the nation’s capital within its jurisdiction, will have unique rules that govern it (e.g. executive federal state). These unique rules will only apply to the Banaadir State and not the other federal states.

Galmudug State’s jurisdiction is the southern half of the Mudug province (with Puntland having sovereignty over the northern half) and the entire Galgadug province. The Galmudug State administration controls pieces of its territory and are fighting Al-Shabaab to regain the rest.

The Wisdom behind this Policy Proposal

The TFG must gain legitimacy amongst the Somali populous, and having four federal states under its jurisdiction will give it much needed legitimacy, and will encourage more federal states to emerge (e.g. Jubaland State, Hiraan State, etc.). Another reason the TFG lacks legitimacy is because it is protected by foreign armed forces, and not organic Somali armed forces (i.e. Somali National Army). With four federal states under the TFG’s jurisdiction, it will be able to properly recruit Somalis to defend the Somali government.

Also, the current 4.5 tribal structure of the Transitional Federal Parliament (TFP) will only exacerbate the current political crises. A federal parliament based on federal states will only ameliorate the current political crises. Even though the members of parliament will belong to the various Somali tribes, they will not be representing their tribe in official capacity but rather their federal state, and hence their federal states’ interest (not tribal interest). Once the entire Somali peninsula is federated, the Somalis will be able to host a true national reconciliation conference with federal states representing their constituents. I recommend the reader to study America’s Constitutional Convention of 1787. I foresee a similar convention for the Somali Republic once it is federated in toto.

Another key indicator is that tribal politics will only show its face on the regional level, while federal states, and only federal states, will be the political players on the national level. The greatest toxic liability concerning Somali politics is that tribal politics are currently represented on the national level. Tribal politics does have a place (e.g. locally/regionally) but the Somali national stage is not that place.

To conclude, the TFG must amend art. 11, § 2(b) of its Charter. The Somali Republic must be federated and it is the TFG’s responsibility to enact pragmatic policies to help in this process. If the Somalis want to transition from a transitional to a permanent government, they must federate. By making this logical change to art. 11, § 2(b), the TFG will be able to effectively help in reconstruction, complete the road map, and facilitate the international community’s engagement with Somali stakeholders (vis-à-vis the Dual-Track Approach). This memo is intended to help my beloved Somali Republic rise from the ashes, what I call the Somali Resurrection.

Somalia only belongs to the Somalis

Source: The Suna Times