( WAA MAQAAL AAN QORAY SANADKII HORE OO KU SAABSAN FEDERALISM KA IYO FIKIRKA DAD BADAN AY KA QABAAN OO AF ENGLISH KU QORAN). BAL ILA AQRIYA ADINKOO MAHADSAN. This is an article i wrote a year ago about the system of Federalism in Somalia. kindly go through it. SOMALIA NEEDS A DEVOLVED SYSTEM OF GOVERNANCE. Somalia, a country without a central government for the last 22 years is now emerging from the state of violence and destruction to a state of constitution and institution. This came after a constituent assembly members from the different parts of the Somali people adopted and approved a new constitution but not yet voted for through referendum by the people. This constitution helped the Somalis to have a permanent government that can represent the voices of its people at all levels unlike its predecessor governments which had limited powers due to their transitional statehood. One of the things adopted by this constitution is the system of FEDERALISM which I believe many Somali people are not in favor. To many, the best alternative system is the devolved system of government. The devolved system of governance is slightly different from the federal system in the sense that it has all the advantages of a federal system but lacks the disadvantages of a federal system which is to have two sovereign governments within one country. Let me differentiate the system of federalism from the devolved system of government by definition. Federalism is a system of government in which the same territory is controlled by two levels of governments. This means that the regional institutions share sovereignty with the national government hence making the rule of law divided in two. While the devolved system of governance is the transfer of power from central government to smaller regional institutions and it is devolved in either wholly or partially, from state level to a more local level. However, unlike in a federal system, such devolved administrations exist in statute, not constitutional law, and can have their powers broadened or narrowed. The fact that Somalia has been in a civil war and without a central government for more than two decades. The rule of law has totally collapsed because the different clans could not trust one another and this has led them to make their own autonomous regional institutions or governments. These smaller governments normally oppose any national government that is constituted by the international community and the Somali people justifying that is not an inclusive government or it is against the interests of some clan hence weak and less powerful national government. It is clearly known that about twenty five percent (25%) of the formal Eighteen Somali regions have an autonomous regional states and local administrations while the rest do not have an administration that is totally an independent from the central government hence not suitable for a federal system. On the other hand since the constitution provides two or more regions can only have a regional government. The probability that there may be a corporation and union between two regions is very minimal and in some cases the probability is even zero due to the clan hostilities and differences of boundaries hence reducing the possibility for two or more regions to unite and make one autonomous regional administration that can take part in the sharing of the national cake as autonomous region. Furthermore, there are no enacted laws and policies that are put in place to regulate the system of federalism in terms of power sharing, income distribution, equitable sharing of national and local resources etc and this will further complicate the full implementation of the federal system in Somalia. Indeed, the most critical and controversial part of the federal system in Somalia will be the problem of regional boundaries since there is no proper demarcation of regional boundaries. And this may cause a long term inter clan/state conflict which can take the country back in to an anarchy. The land dispute and competition of resources may also be another factor of conflict between two regions since some regions have more resources than others hence problems of having a possible working federal system. Referring to all the reasons mentioned above in this article. I think federalism is not the kind of system that can sort out the Somali problems in the short and long run but rather the devolved system of government which is the best alternative. Therefore, my humble suggestion to the Somalia stakeholders including the current government with the help of its parliament and the judiciary is to amend the constitution and enact laws and legislations that can lead the country in to a devolved system of government which can act as the best alternative of the federal system as they prepare the nation for elections and a referendum of the constitution by the people. And this indeed will give the electorate the opportunity to vote for what they want since the current constitution is provisional. I am sure the devolved system of government can accommodate and cater those of us who want the system of federalism and those of us who do not prefer it because I believe it is an inclusive system of governance. By: Abdirahman Elmi Siyad.(c) Email: a.rahmanes@gmail Tel: +211-956-432030
Posted on: Tue, 24 Jun 2014 19:38:47 +0000
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