Federalism: A suitable governance system for contemporary Somalia. By PDRC

Key Policy Messages

I. After a short period of the civilian rule followed by 21 years of an autocratic military rule and the ensuing of the state collapse, in January 1991. Federalism has been opted for as the best system that suits the country as well as a viable solution for Somalia’s prolonged civil strife, and to bring resolution to create trust and harmony among Somalis.

II. There is much confusion and lack of clear understanding by Somali politicians and the general public with regard to federalism as such, a problem that has caused havoc between the Federal Government of Somalia (FGS) and Federal Member States (FMS).

III. There is a growing disagreement between the Federal Government and the Federal Member States on the Federalism framework, where Federal Member States believe that both the current President and the Prime Minister are continuously and deliberately defying to honour the principles of Federalism that are enshrined into Somalia’s provisional constitution.

IV. There is widespread perception that the FGS is intensively engaged in undermining the structures, the social harmony and the administrative set-ups of the FMS, rather than supporting them in overcoming the persistent political, social and economic hardships that they are enduring. The FGS is totally ignoring the fact that Somalia is in the making and shall be so accustomed.

V. There is absence of an orchestrated commitment to the adopted Federal System of Governance in Somalia by the Federal Government of Somalia (FGS) and Federal Member States (FMS), there is no way to ensure Somalia’s road to recovery, the establishment of peace and economic development.

VI. In order to ensure meaningful political stability, and the transitioning from clan-based selection of the legislature, and prior to holding of political elections, the constitutional review process must be inclusive, transparent and adopted through a well-arranged popular referendum across the whole country.

VII. The currently reviewed National Constitution shall definitely stipulate the power and resources sharing principles, which will be harmonized with the adopted constitutions of the FMS.

Background

Federalism is not a newborn phenomenon in the Somali governance context. Post-independence Somalia tried to adopt different versions of governance systems; Federalism was among the proposed modalities advocated by pro-Italian South-West politicians. However, the country embraced British model of parliamentary system leading up to the 21st October military coup in 1969. The federalism doctrine slowly faded in backdrop of a strong Scientifically Socialist State. This centralist model concentrated power into the center and leaves the peripheral regions less protected and least developed.

In the lead up to the resumption of the Third Republic in Embagati Kenya in 2004, the foundations were laid in the principle of a strong federal system and devolution of power. The country has embraced a federal system not because it is inherently the better system of governance, but it was seen as a viable solution to restore trust and peace. Federalism will distribute power and resources among member states, contrary to the unitary system where power and resources are concentrated into the center and in the hands of few.

The Somali people have been making efforts to reinstate their statehood and a series of reconciliation conferences held inside and outside the country to restore hope.

In 2004, the Transitional Federal Government (TFG) was formed in Nairobi-Kenya, which initiated the first Somali Federal Government ever. In 2012, the TFG adopted a provisional federal constitution, which turned the Federal Government of Somalia to a federal status and thus an internationally recognized Federal Government of Somalia (FGS) was born.

Since it was adopted, Federalism as a system of governance has been the core complex discourse that has raised debates and arguments within the Somali society. There is a lack of clear understanding and consensus about the concept of federalism in Somalia and how it will apply in the country and transit from the unfair 4.5-clan system of resource and power sharing. The state building process has been hard to achieve due to mistrust, weak government institutions and a society that is still healing from the wounds of the civil war.