Somalia’s controversial constitutional review: What you need to know
President of Somalia Hassan Sheikh Mohamud.
What you need to know:
- On Saturday, the bicameral Parliament approved amendments to several articles in the first four chapters of the 2012 provisional constitution.
Since early February, Somalia has been trying to rewrite its constitution, refocusing on a document that could encompass the basic principles and laws that define the powers and duties of government and citizens.
It is something that should have happened years ago but was derailed by fragile State institutions and the security problem posed by al-Shabaab.
Partial amendments widen the rift
On Saturday, the bicameral Parliament approved amendments to several articles in the first four chapters of the 2012 provisional constitution.
But the move opened up more fissures than it smoothed over past divisions.
Puntland, the semi-autonomous federal state and one of the oldest in the country, promptly rejected the revised constitution, saying: "The constitutional amendments are a violation of the federal pact that historically unified the country."
Puntland President Said Abdullahi Deni followed up the move with a decision to "suspend" membership of the federal government, in which four other federal states exist: Jubbaland, South West, Galmudug and Hirshabelle.
Opposition growing among key political figures
Former Prime Minister Hassan Ali Khayre used his X (formerly Twitter) account to reject the changes.
“We only recognise the original provisional constitution that comprises 15 Chapters and 143 articles,” he argued.
Omar Abdirashid Sharmarke, another former Prime Minister, and Abdirahman Abdishakur, a legislator, endorsed similar views.
The bone of contention?
Somalia’s political actors are at loggerheads in choosing either a multiparty democracy or a three-party system, as well as the powers the executive arm of government should have.
President Hassan Sheikh Mohamud promptly signed into formal law the parts the bicameral Parliament amended on March 30, modifying the political system the country will play.
It changed to a presidential system whereby the president would be elected through a popular vote with the faculty to appoint and dismiss the Prime Minister. Currently, the President is elected indirectly by legislators voted in through a type of college system based on clans.
The new system will mean the Prime Minister will no longer need parliamentary approval and will have little power running government affairs.
As it is today, the Prime Minister appoints and fires ministers and runs the government, answerable to the federal Parliament.
The changes are opposed by many stakeholders, including former Somali Presidents, former Prime Ministers, legislators, Puntland State of Somalia, opposing the reviewing process, underlining the lack of consensus.
What is the context?
The original version of the constitution currently in use in Somalia was framed when Somalia adopted the federal government from the Somali Republic at the end of the Somali Reconciliation Conference at Mbagathi in Nairobi, Kenya, from the early 2000s until it was adopted formally in 2012.
At the time, delegates seeking to rebuild Somalia from the civil war approved a multiparty democracy and a parliamentary system of government. They first wrote the Transitional Federal Charter in February 2004, which was finally endorsed as a Provisional Constitution in August 2012 in Mogadishu, Somalia.
On the governing system, the provisional constitution was not different from the constitution of Somalia’s first civilian republic in the 1960s.
“Unlike the rest of Africa, Somalia had adopted the parliamentary system of government, meaning that the president of the Republic is elected by the parliament, not by the people, for six years,” Mohamed Issa Turunji, a Somali researcher, wrote in the book: President Aden Abdulla, His Life & Legacy, about the life and legacy of Somalia’s first post-independence president.
“By virtue of this system, the executive power was vested not in the President of the Republic but in the government led by the Prime Minister. The president had the role of representing national unity and guaranteeing that politics complied with the constitution.”
Why is the presidential system unwanted by some?
Somali politicians often speak of the "stages" of their republic. The “First Republic” was formed in July 1960 at independence, governed via a multiparty democracy and a parliamentary system. Its constitution was abolished when the military took power via a coup in 1969.
The military rulers introduced a pseudo-socialist constitution with one-party rule and a popular elective system where the President could appoint and fire a Prime Minister. The stage lasted two decades (1969-1990) and was labelled the “Second Republic.”
When rebel groups defeated the military dictatorship of Siad Barre in 1991, followed by years of chaos, the rebirth of the republic came through a series of reconciliation conferences, the last being the one concluded at Mbagathi, Nairobi. The Somali politicians named the rebirth as the “Third Republic.”
Those who want and promote a parliamentary system base their argument that it is more democratic. Abdirahman Abdishakur, an MP and former presidential candidate in the 2022 election explained that electing the legislators by a popular vote is feasible and said the MP and Senators electing the president is a more controllable process.
Also read: Somalia's Puntland refuses to recognise federal government after disputed constitutional changes
“Let us leave the one-person, one-vote to handle the parliamentarians,” Abdishakur argued, referring to universal suffrage, which has eluded Somalia since 1969.
He argued that a three-round voting system by a known number of legislators cannot yield mistakes.
“For the last two decades in state building the parliaments elected presidents six times through casting ballots in crystal-clear glass boxes,” he added, questioning, “Who had seen a president-elected being criticised for rigging?”
So what next?
First, on the argument over the governance system, some opponents of the presidential system say the government forming process in the “First Republic,” when the Parliament had the power, meant the President could not overstep. They argue that the President of the Republic could appoint the prime minister, and parliament could veto it with a vote of no confidence.
That process was not cumbersome because the president could have no problem picking a prime minister who belonged to the political party (or a coalition) commanding the majority of parliament.
For Somalia though, a new system, just as the existing system, provides existential challenges. There are no political parties, and most political games run on clan-based influences.
Recently, the presidents have appointed Premiers with no political track records. In some instances, such as during the tenure of Mohamed Farmaajo, a president and premier bickered in public, indicating a broken executive.
Some have argued a prime minister needs political skill. Whenever there is a problem, the president and the premier have equal opportunity to advocate their policies and lobby the legislators.
