By Dr.
Mohamud M. Uluso
Thursday April 21, 2022
Finally, on April 14,
2022, the Somali people and the international partners of Somalia breathed a sigh
of relief on witnessing the swearing in of the selected/elected members of the
11th Federal Parliament (FP) after one year and four months from the
expiration of the mandate of the 10th FP which created absence of
legitimate government and political upheavals. The election process continued
for almost 20 months -September 2020-April 2022, never seen in the history of
any kind of political elections. It represents a shameful political history of Somalia.
The procedures of the
indirect elections, which were clear and simple to follow to secure acceptable elections,
were set aside because of the political tit-for-tat between warring camps
instigated by the merciless political power grab pursued by president Mohamed
Abdullahi Farmajo from day one of his term in office. In general, the 11th
parliamentary election was the worst in the Somali history because the implementing
regional authorities deliberately disregarded to adhere to the principles of
openness, transparency, and prevention of election violence prescribed under
article 46 (2, 3) of the provisional constitution and scandalously abused the
clear and fair procedures laid out for the implementation of the indirect
elections. The election administration was far from using the state power for serving
national interest. President Farmajo is the godfather of the poisonous
political division and election fraud that thrived under his leadership.
As a bright spot in a sea
of despair, the public cheered the election process of few seats for their
compliance with the agreed procedures. For example, the performance of
president Ali Abdullahi Hussein (Ali Gudlawe) of Hirshabelle State merits special
mention because he managed the election process better than all other federal member
states under unimaginable danger and duress. His leadership prevented violence between
clans - Abgal and Hawadle; Gaalje’el and Hawadle; and intra Abgal, Gaalje’el,
and Hawadle violence. During his stay in Beletwein, capital of Hiran region, he
endured two suicide attacks that killed many prominent leaders and citizens
including the human right activist, member of the federal parliament Amina
Mohamed Abdi. President Ali is the first Somali leader who spoke truthfully and
with empathy to the people of Hirshabelle and Somalia about the casualties of
the devastating attacks of Al Shabab so far. Conceding that some candidates and
insiders could disagree with my observation, I consider that under the unspeakable
widespread electoral corruption induced by Farmajo and his ally Fahad Dahir
Ahmed (Fahad Yassin Haji Dahir) for their own power grab, the performance of President
Ali Gudlawe was far better than his counterparts and was anticipated and deserves
special appreciation.
Overall, the experience
of the 11th parliamentary election leaves behind bitterness and deep-seated
dangerous perception of illegitimacy of the state institutions – the
parliament, the president, and the council of ministers-, which would be a
major obstacle to the formation of viable federal government in Somalia. Thus,
the real concern is that the 11th federal parliament could most
probably fail to fulfill its constitutional responsibilities of representation,
legislation, and oversight of the executive and became a rubber stamp of the
president and executive as the 10th federal parliament because of
the unpatriotic and corrupt character of the members of the federal parliament and
the obliteration of the division of power between the legislature, the presidency,
and the executive.
Mohamed Isse Trunji, in
his recent article
assessing
the performance of the State Institutions – the Parliament, the President,
and the Council of Ministers (the executive) – for the past 10 years, concluded
that the ruling class failed to recognize the important principle of
separation (division) of powers between the institutions of the federal state for
checks and balances as required in the provisional constitution to strengthen
the democratic system of governance. The continuation of the deliberate
disregard or the lack of understanding of the fundamental principle of
separation of powers between the state institutions in the next 4 years will
guarantee the total failure of the federal government of Somalia.
For the second time, Somalia
strives to travel on the difficult road of establishing a democratic government
based on the rule of law, a kind of the government that is shunned in the Horn
of Africa. Few African countries made into the roster of the democratic
countries. Out of the 54 African countries, only five countries passed the test
of democratic countries. They are
Mauritius, Cape Verde, Botswana, South Africa, and Ghana. The important
criteria for gaining democratic credentials are based on the progress made on
the electoral process and pluralism, civil liberties, the functioning of the
government, political participation, and political culture. Therefore, the 11th federal
parliament determines the failure or success of democracy in Somalia.
Sixty five percent
(65%) of the members of the 11th federal parliament are neophytes in
politics and unfamiliar with the constitution and parliamentary functions and
regulations. More dangerously, their loyalties lie with their sponsors and
self-interest rather than with the constitution and their oath of office to
serve the public interest. In addition, there is strong perception that the
majority of the parliamentarians are loyal to foreign countries. The challenge
is how to overcome the multiple ills that are impediments to the revival of the
Somali State.
The failures of the previous Somali
parliaments are attributed to the issues of corrupt and inept leadership, lack
of separation of powers between parliament and executive, lack of legal and
governance knowledge and training of the parliamentarians, absence of public and
media scrutiny, and conflicting international influence. The four-year term that begins with swearing
in of the 11th federal parliament represents the last chance for
Somalia to establish a national government that is able to run a country presently
in disarray.
The Somali Elite are
warned to devote serious attention to the performance of the new parliament and
government to prevent another regrettable loss of precious years. The serious grievances
and distrust among Somalis due to civil war and the devastating consequences of
state collapse should be tackled upfront and definitively explained and
recorded for present and future generations to fortify the foundations of the
Somali state.
It’s my humble opinion
that the following critical steps could improve the chance of success of the 11th
federal parliament. The first step is the election of responsible leadership
that are competent, trustworthy, impartial, and judicious among the elected parliamentarians.
Election of known corrupt personalities will exacerbate current despair. This
step will set the stage for the success or failure of the new federal
parliament. The second step is the development and issuance of a code of
conduct of the members of parliament to control of their ethics in public
discourse.
The third step is to
approve one-time payment of $ 10,000 (ten thousand dollars) to each member of
the 11th federal parliament as an allowance for settling expenses.
This money should help the parliamentarians for their settling in Mogadishu. The
fourth step is one-month induction training for all members of the 11th
federal parliament on the teaching of the Islam on leadership, the provisional constitution
and its completion, democracy, parliamentary functions, federalism and
government institutions and functions, and the model of the Somali State and
its peculiarity. The training takes place in Mogadishu. All members must attend
the training with serious penalties for those who fail to attend. National and
international experts deliver the various subjects. The parliamentarians must understand that the
Somali State is not the composition of clans but the composition of values of
justice for all, honesty, objectivity, compassion, and sense of altruism.
The fifth and most
important step is the suspension of the validity of the articles 59
(e), 97 (3), 98 (a) that allow the members
of the federal parliament to be members of the Council of Ministers (the
executive) over which they have oversight responsibility. The above-mentioned
article contravenes with the founding principles of the provisional
constitutions mentioned under article 3 (4), which states that “the
constitution of the constitution of the federal republic of Somalia promotes ……
the separation of powers between the legislature, executive, and an independent
judiciary in order to ensure accountability efficiency, and responsiveness to
the interests of the people.” The articles are also in conflict with article
69 on the powers of the members of the FP. Therefore, it is time to
prohibit the members of the federal parliament to be at the same time members
of the council of ministers for conflict of interest. If a member chooses to
join the Cabinet or other offices, he or she should vacate the parliamentary
seat. This key issue should be decided before the election of the president of
the federal republic in the next two weeks so that no member of parliament
bargains his vote for exchange with ministerial position. I appeal to the
international partners of Somalia to firmly back the separation of power
between the legislative, the president, and the executive organs of the federal
government of Somalia for accountability and transparency.
Failure to consider the
above-mentioned steps before the election of the federal president will exacerbate
with all certainty the fragility of the Somali State. I call the Somali Elite
to express their views on the subject for the interest of the future of
Somalia.
Dr.
Mohamud M. Uluso
[email protected]