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-Ã -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
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Constitutional Committee of the Somali Republic and Concerned Somali Citizens
FROM: Aman H.D. Obsiye DATE: November 25, 2011 SUBJECT: The Federation Process for the Somali Republic