September 5, 2014
In addition to ongoing war against
terrorist group Al Shabab, looming famine that would affect million people, and
intense polarization engendered by the compulsory clan federalism, Somalia
suffers many other ills. For background, I hypothesized in my article of June 2014 on the demotion of
President Hassan Sheikh Mohamud by the International Troika administering
Somalia- Envoys of IGAD, UN, and EU- after members of Somali parliament called for
his immediate resignation that the ensuing political survival strategy of the President
will ruin the future of Somalia. Now there are growing signs that the Federal Government
of Somalia (FGS) has lost the interest, will, and chance to secure ownership and
leadership legitimacy as well as building institutions to effectively represent
and defend the best interests of the Somali people, which are the necessary premises
for getting national and international trust, respect, and support. The Foreign
Minister of Somalia H. E. Dr. Abdirahman Duale Bayleh composed new song broadcasted by Universal TV on August
30, 2014, in which he bluntly defined Somalia as a project and its leader as “Mooge”
(Somali word) translated into “absent-minded, ignorant, or confused.”
One of the many ills is the wrong customary
approach of the federal government to act when addressing national problems without
undertaking the constitutionally required policy
development process to produce
solutions and consensus translated into laws, regulations, and policy
guidelines. Policy Development process is a critical mechanism for institutional
building and governance to achieve defined goals and to evaluate performances of
government institutions for accountability, efficiency, and effectiveness. Acting
without policy development process would lead to failure and self-destruction
which perpetuates the national tragedy.
It’s hard to find publications of
official documents explaining and legitimizing the domestic and foreign
activities of the federal government for public understanding, scrutiny, and
transparency. Non-stop travels to abroad, pictures, seminars, and general speeches
became its common means for citizens’ engagement and claims for accomplishment.
The Federal Government circumvents to seek, honor, and encourage policy
development process through genuine public participation and democratic
parliamentary process for input, support, and approval.
There are many unexplained events that
worried the public. For example, on 9 August 2014, the international troika on
Somalia signed a letter in support of Puntland President
Abdiweli Gas for his objection against the merger of Mudug and Galgudud regions
for the formation of new federal member state. The letter, which divides the
region of Mudug, unequivocally repeals articles of the Provisional Constitution
and revokes the representation and leadership legitimacy of the FGS. It is
prejudicial to the legitimacy and viability of the new federal member state. It
undermines direct dialogue among Somalis for reconciliation, cohesion, and
compromise. The final message of the letter is pep talk to the leaders of the
federal government after being implicitly depicted as not quite honest partners.
The FGS remains silent on this foreign interposition.
Well-armed secret service forces raided media
properties, houses of members of parliament, politicians, and former government
officials. There are accusations of human rights violations, suppression of
freedom of expression, damaged or taken properties, and citizens tortured in
detention. Despite parliamentary, public, and victims’ outcry for explanation
and redress for the death, injury, and arrest of innocent civilians and
arbitrary disarmament, the federal government first ignored and later issued
threats for additional actions. Abuse of power feeds anarchy and hostility.
It is inconceivable that the leaders of
the federal government shielded from the Somali security forces by foreign
forces had the sense to deprive vulnerable private citizens and former
government officials of the ability to defend themselves from Al Shabab and
other personal threats. The fight against Al Shabab transmuted into persecution
against suspected rivals of the federal government for harassment and
intimidation. Government motivation has alarmed local leaders who expressed
their complaint in public.
Additionally, clan federalism reinforces
the need for clan armed forces. There are institutionalized clan forces in
different regions. Therefore, arms in the hands of community members play the
role of deterrence and tenuous but peaceful coexistence until the national government
acquires the monopoly of use of force in Somalia.
Somalia, a failed state, needs
disarmament, demobilization, and rehabilitation (DDR) program. But, in the
absence of public confidence in federal government’s commitment to responsible
politics and to the rule of law, the need to keep arms for self-defense has
become a necessity. The FGS shoulders the responsibility for breeding public
discontent, confusion, suspicion, and misgivings.
Contrary to the public denials of
President Hassan on scheme to cede large section of Somalia’s territorial water
to Kenya, the federal government submitted a petition on maritime border
dispute with Kenya to the International Court of Justice. The content of the
petition and other published documents confirm 100% the contentions of concerned
Somalis who have been protesting about the Somali government’s corrupt, unwise,
and irresponsible role in the conspiracy against Somali territorial water since
the signing of 2009 Memorandum of Understanding in Nairobi between Kenya and
Somalia, later annulled by the Somali parliament.
Given the facts in hand, the action of federal
government seems reckless and deceptive because the federal government lacks “substantial or dominant sovereignty,” manifested
in independent security, political and diplomatic power, as well as institutional
capacity, discipline, and integrity, all critical to vigorously and confidently
defend national interests at the international arena. The experience shows that
the litigation of disputes covered by the UN Convention on the Law of the Sea
(UNCLS) and other international laws is complex and insurmountable for
countries like fragile Somalia. The three step process described in the
petition is kind of “the devil is in the detail.” Kenya has high probability to
get legitimization for what it took by force because abominably the principal
culprits of this historical crime are in powerful positions to ensure the
legitimization of their crime. Somali activists were right in their concern and
contention and surely they will intensify their efforts to defend their annexed
territory.
Many powerful countries did not sign the
UNCLS. The federal government overlooked the opportunity to get relief of deferment
and exoneration from any international litigation, claims, or datelines until
Somalia exits from United Nations Security Council (UNSC) seizure and becomes
credibly ready to defend its interests and fulfill its international
obligations. As it is known, from 1991, Somalia as a failed (fragile,
collapsed) state has been seized by the UNSC and Somalia’s sovereignty and
territorial integrity remains under UNSC protection. The UNSC has authorized
and supports the intervention of African Union forces from Kenya and other
countries in Somalia to protect the federal government from Al Shabab attacks.
In addition, UNSC sanctioned the multinational forces guarding the Somali coastline
from piracy and other illegal activities. Somalia is under force majeure clause.
After the leaders of the federal
government failed to rein in the unbridled judicial system that assumed
judicial, political, legislative, and executive powers, Human Right Watch report of August 26 criticized the
jurisdiction and quality of justice of federal government’s military court and called for suspension
of the ongoing summary executions and court trials that violate the fundamental
principles of justices. The misuse of judicial power did not only violate the Provisional Constitution, but it also
subverted the fundamental aim of the Somali
Compact, a partnership
agreement between the federal government and the International community to
rebuild the Somali State. The aim in the Somali Compact is “to restore the Somali people’s trust in the State and its
ability to protect and serve their basic needs for inclusive, politics,
security, justice, an economic foundation and revenue and services in full
respect of human rights.” It is unfortunate that Somali leaders
needed to be reminded about the fundamental rights of each citizen as detailed under
articles 10 to 41 of the provisional constitution. In addition, the duties of
the each citizen include patriotism and loyalty to the country, fostering national
unity, knowledge, upholding, and defense of the constitution, defense of the
territory of the FGS, promotion of accountability and rule of law, becoming a
good taxpayer.
Rebuilding the Somali political system
requires that the leaders of the federal government are conscious of the past
history and the legacy of the civil war, and respect the provisions of the
constitution and address the chaotic political disputes and social tensions in
the society through a democratic process that can adequately reconcile the
peculiarities and incongruities of domestic demands. The Federal Government
needs to embrace the practice of rigorous policy development process and
participatory system for transparency and accountability for the best interests
of Somalia. The democratic aspirations of Somalis are effective participation
in negotiations and decision making processes that ensure equality, fairness in
resource and power distribution, and overall sense of justice, trust, and hope.
Mr. Mohamud Uluso
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