Somalia’s Draft Constitution finalized

On Monday, Somalia’s Prime Minister, Dr. Abdiweli Mohamed Ali, announced that the draft constitution had been finalized. The Prime Minister said the draft, drawn up by the Independent Federal Constitution Commission and the Committee of Experts, was in conformity with the stipulations of the Charter, the timeline of the Roadmap and the Principles agreed at the Garowe meetings. He added that the effort of the TFG, of the Commission and of the Committee was a culmination of eight years of concentration on the constitution-making process. In 2004, it had been agreed in the Charter that a crucial element in ending the transitional arrangements would be the completion of a Federal Constitution based on equality, fairness and justice. A key benchmark in the Roadmap signed on 6th September last year was the call to complete the draft constitution by 20th April.

The Prime Minister said that “it is with certain pride that I announce that the benchmark has been achieved on time.” He thanked the Somali people for their “passionate contributions” to the document and the members of the Commission and the Committee who had “placed the public interest before their private interests,” as well as others including “our technical partners in the international community.” He stressed that this represented an important milestone in the path towards a new constitution in compliance with Sharia’a Law though some senior clerics claimed that the draft endangered Islam and the nationhood of Somalia. The Prime Minister said it would inaugurate a new era of constitutional processes which will allow for humane principles and fair processes in Somalia avoiding the whims of powerful individuals, groups or ideologies.

The draft constitution will now be presented to a National Constituent Assembly for adoption on 15th May as agreed by the Roadmap and the Garowe Principles. The Assembly will be drawn from a cross section of Somali society and will consider the draft over a two week period before voting on its provisional ratification. A positive vote will turn this draft into the Provisional Constitution of Somalia. It will remain provisional until the government can organize a national referendum. The Prime Minister said: “This constitution belongs to the Somali people. If we use it properly, maintain it properly, improve it properly, it can become a powerful instrument for our collective liberation from oppression, human rights violations and all forms of indignities. Used properly, it will usher in greater freedoms, economic development and prosperity.”  

Meanwhile, Kenya’s Assistant Foreign Affairs Minister, Richard Momoima led a delegation of senior armed force commanders to Mogadishu this week. Mr. Momoima said Kenya would soon reopen its embassy in Mogadishu and appoint a new ambassador.  The delegation had talks with President Sheikh Sharif and senior government officials. The visit came as reports from Lower Juba suggested Kenyan-supported TFG forces and allied militia were moving closer towards the Al-Shabaab stronghold of Afmadow where Al-Shabaab has been intensifying its defences. A military spokesman for the TFG in Lower Juba was also quoted as saying that the allied forces were building up their operations in the region. Abdiweli Farah Elmi told Somalia Report that TFG and Kenyan forces had also now established measures and parameters for their advance towards Kismayo, their main target in the region. He noted that the airstrikes on Al-Shabaab positions had contributed significantly to the allied operations, killing a number of senior Al-Shabaab commanders and affecting their fighters’ morale.  

Elsewhere, officials in Hiiraan region have said they expect the deployment of Djibouti troops to Belet Weyne and other places in Hiiraan region in the next few days. The troops from Djibouti will be replacing the Ethiopian forces which helped the TFG and allied militias drive Al-Shabaab out of Belet Weyne at the beginning of the year. Djibouti is providing a battalion for AMISOM to join the Ugandan and Burundi troops presently deployed. A battalion has also been promised by Sierra Leone.

Source: A Week in the Horn – April 27, 2012 issue.

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