In a guidebook published this week on Reliefweb we were able to dissect the Somali constitution to be voted on this week and we were able to get an idea of exactly what it entails. Cutting through most of the paperwork we brought to light the most important tidbits in the constitution, mainly concerning federalism and resource-sharing. What we found is that post-transitional Somalia will not make any attempts to recreate previously-failed systems of government, but instead it will work with the foundations of the currently-prevailing regional systems of government.
This new Somali Federal Republic will turn a new leaf in the nation’s turbulent modern history and take cues from successful federal states like Switzerland and the United States. Upon the approval of the new Somali Constitution, the new republic will be officially ushered in.
Federalism in Somalia
There is to be two levels of government; the Federal Government level and the Federal Member State level of government, comprising the State and National governments.. Both levels are elected by the citizens and held accountable to them. The overall power of the Somali Federal Republic, and its governmental responsibilities, is to be divided between the Federal Government and the State governments, pending their creation.
The specific allocation of powers and responsibilities will be subject to further negotiations with regard to all matters, except for those relating to Foreign Affairs, National Defense, Citizenship and Immigration, and Monetary Policy, which will be the sole responsibility of the Federal Government.
The Federal Member States will be represented in decision-making at the Federal Government level through the Upper House of the Federal Parliament, which will comprise representatives elected from the people in each Federal Member State. The members of the Upper House of the Federal Parliament shall have a special responsibility to represent the interests of the Federal Member State they hail from.
The federal system and the division of powers and responsibilities between the Federal Government and the Federal Member State governments is constitutionally protected. The system cannot be revoked unilaterally as amendments to the constitution require the consent of both Houses of the Federal Parliament. This would therefore require the consent of the members of the Upper House of the Federal Parliament, who represent the Federal Member States.
There is an arbitration mechanism in place to settle disputes between the Federal Government and the Federal Member State governments, or disputes among Federal Member State governments. This mechanism involves an Interstate Commission see and the Constitutional Court as the final arbiter instance to decide and resolve such disputes.
How will Federal Member States be created?
The creation of Federal Member States proved to be a very controversial issue during the constitutional conferences leading to this Draft Provisional Constitution. It was noted that it is important to have fair and open procedures for the creation of Federal Member States. Reflecting this, the draft Provisional Constitution itself does not create Federal Member States, but entrusts the House of the People of the Federal Parliament, which represents all people of Somalia, to decide on the number and demarcations of Federal Member States.
This decision of the House of the People of the Federal Parliament shall be based on the recommendations of the Boundaries and Federation Commission, an independent commission which will be composed of experienced people representing all parts of Somalia. This commission will study the country, talk with citizens and experts, and propose the number and concrete demarcations of Federal Member States. Therefore, in accordance with the draft Provisional Constitution, there will be more space and time for more public discussion on this matter.
Who owns and controls the land and the natural resources in a Somali federation?
The federal system combining shared rule and self-rule is also reflected in the draft Provisional Constitution provisions on land and natural resources. The regulation of natural resources and their use is subject to negotiations between the Federal Government and the Federal Member State governments.
With regard to land, the draft Provisional Constitution allows the Federal Government to develop a national land policy that provides for equity in the allocation of land and the use of its resources as a national standard but needs also to provide for the freedom of the Federal Member States to formulate their own regional land policies.
The protection of the environment is a priority duty of the Federal Government, but the Federal Member States governments equally have a duty for the protection of the environment and the Federal Government needs to consult the Federal Member State governments when adopting the general environment policies of the country.
What is the role of the President of the Federal Republic of Somalia?
According to the draft Provisional Constitution, the President of the Federal Republic of Somalia shall be the Head of State, the symbol of national unity, and the guardian and promoter of the founding principles of the Constitution.
As Head of State he will, among other tasks, sign draft laws passed by the Federal Parliament into law; open and dissolve the House of the People of the Federal Parliament; appoint senior governmental officials including the Prime Minister, the Council of Ministers, and the judges of the Constitutional Court; serve as the Commander in Chief of the armed forces; and declare war or a state of emergency.
How will the President of the Federal Republic of Somalia be elected?
The President of the Federal Republic of Somalia will serve and fulfill duties that relate to both the Federal Government and the Federal Member States. Therefore, in order to strengthen legitimacy the President will be elected by both Houses of the Federal Parliament in a joint session by a two-thirds majority.
Only if after two rounds of voting no candidate gains the necessary two-thirds majority, a third round of voting will be conducted between the two candidates who gained the greatest number of votes in the second round. The candidate gaining a simple majority of votes in this round will be elected President of the Federal Republic of Somalia.
The term of office of the President of the Federal Republic of Somalia will be four years and the President may only be removed from office for treason, or for gross violation of the Constitution or other laws of the Federal Republic of Somalia. His dismissal shall be processed through an official impeachment procedure requiring the support of the Constitutional Court, and a two-thirds majority vote of the members of both houses of the Federal Parliament.
What will be the role of the Prime Minister and the Council of Ministers?
While the President of the Federal Republic of Somalia is the Head of State, most executive functions of government are vested in the Council of Ministers. The Council of Ministers will be chaired by the Prime Minister, who will serve as the head of the Federal Government.
The members of the Council of Ministers will be individually accountable to the Prime Minister, and collectively accountable to the House of the People of the Federal Parliament, which may, at any time, dismiss the Council of Ministers by a vote of no confidence.
The Council of Ministers will be responsible for the formulation of overall government policy and its implementation, the preparation of draft laws to be tabled before the House of the People of the Federal Parliament, the implementation of the laws of the country, the preparation of the annual budget, the appointment and dismissal of senior public officials, and the nomination, appointment, and dismissal of ambassadors, consuls, and diplomats.
Who appoints the Prime Minister and the Council of Ministers?
The President of the Federal Republic of Somalia appoints the Prime Minister and, on his/her recommendation, the members of the Council of Ministers. After the Prime Minister’s appointment by the President of the Republic of Somalia, the Prime Minister must present the persons nominated for membership of the Council of Ministers, and the government’s program, to the House of the People of the Federal Government.
If the Prime Minister fails to get the endorsement of the House of the People of the Federal Parliament, or loses its confidence at a later stage, the President is obliged to dismiss the Prime Minister and the Council of Ministers, and appoint a new Prime Minister.
{DN Staff Writers}
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