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Somalia: Corruption & Constitutional Violations by the Minister of Education - OpEd

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Wednesday November 06, 2024 - 04:59:23 in Latest News by Super Admin
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    Somalia: Corruption & Constitutional Violations by the Minister of Education - OpEd

    Dear Minister, I write to express my profound concern regarding the current trajectory of the Ministry of Education, Culture, and Higher Education (MOECHE) under your leadership. It is with a heavy heart that I must highlight the rampant corruption,

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Dear Minister, I write to express my profound concern regarding the current trajectory of the Ministry of Education, Culture, and Higher Education (MOECHE) under your leadership. It is with a heavy heart that I must highlight the rampant corruption, the repeated violations of Somali laws, and the disregard for the Constitution that has not only paralyzed all education projects but has also eroded trust in the ministry's ability to lead the future of our nation's education system.

you assumed office at the MOECHE, nearly all educational initiatives - both ongoing and upcoming - have been adversely affected by your mismanagement, lack of transparency, and poor coordination that you created. Critical projects that are fundamental to Somalia’s educational recovery and future development have either stagnated or been entirely halted. This systemic breakdown is not the result of resource constraints or lack of international support but is directly attributable to a lack of your leadership and decision-making processes that undermine the principles of good governance, transparency, and accountability.

 The 2019 Public Financial Management Act (PFM Act), in particular Section 7, mandates transparency and accountability in the management of public funds. This legal requirement is being blatantly ignored under your tenure, and education funds appear to be misallocated without proper oversight or financial transparency. In addition, the PFM Act Section 10 requires that any major financial agreements and projects be reviewed by the Solicitor General and approved by the Council of Ministers and both Chambers of Parliament. Your office’s apparent disregard for this essential step in decision-making is not only unlawful but reckless and impeachable act.

Various international donors have provided substantial funds to support Somalia’s education system, including for curriculum development, teacher training, infrastructure development, and student scholarships. However, reports of widespread corruption within the ministry - ranging from misappropriation of funds to unethical tendering processes - are deeply alarming. The mismanagement of donor funds, combined with the absence of proper auditing or accountability, amounts to a direct violation of the Public Procurement and Disposal Act of Somalia, as well as international anti-corruption norms such as those set forth by the United Nations Convention against Corruption (UNCAC), to which Somalia is a signatory. This behavior undermines the foundational goal of improving access to quality education for all Somali children and instead enriches a select few at the expense of the nation’s future.

Your current practices violate several core principles enshrined in the Provisional Constitution of the Federal Republic of Somalia. Under Article 43, the right to education is guaranteed as a fundamental right for all Somali citizens. The actions of the Ministry, through negligence and unlawful practices, have effectively denied Somali students access to their constitutional right to education. Your conduct represents a blatant disregard for the rule of law, specifically violatingArticle 4 of the Provisional Constitution, which emphasizes that all government actions must be carried out in accordance with the Constitution and the laws of the land. Your failure to adhere to these legal obligations constitutes a breach of the oath of office and calls into question the legitimacy of the current leadership.

It is equally troubling that international donors, who have long funded Somalia’s education projects, appear to have turned a blind eye to these illegal and unethical activities. While substantial donor funding continues to pour into the Ministry, there has been little to no oversight from the donors themselves, despite clear evidence of corruption and constitutional violations. By failing to address these critical issues, international donors are complicit in the rampant corruption and violation of both Somali and international laws. Donor silence in the face of such blatant misuse of funds and abuse of power is not only irresponsible but raises questions about their commitment to Somalia’s long-term educational development. It is important that these donors uphold their responsibility under international agreements, such as the Paris Declaration on Aid Effectiveness, which stresses accountability and transparency in the disbursement of aid.

The actions and inactions of the MOECHE appear to violate several provisions of Somali law, including:

The Somali Constitution: Article 10 (Accountability), Article 27 (Right to Education), and Article 45 (Duties of the State).

The Education Law No. 23 of 2015:Specifically, regarding the establishment and operationalization of educational institutions and equitable resource distribution.

International Laws and Treaties:Including the United Nations Convention on the Rights of the Child (UNCRC) and the African Charter on Human and Peoples’ Rights, both of which obligate the state to ensure access to quality education.

The future of Somalia’s educational landscape depends on our collective ability to uphold the rule of law, eradicate corruption, and prioritize the welfare of our students and communities. I look forward to your prompt attention to these critical matters.

Yours sincerely,

Dr. Abdillahi Hashi Abib - BA, MA, MASc, Ph.D

 Member of Foreign Affairs Committee-Member of the House of People of Somalia





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