Somali MPs make public their findings
Forwarded by Yusuf-Garaad
Earlier
on Friday I attended at the Intercontinental in Nairobi a presentation by two members of the Somali Parliamentary
team who recently came back from a missions that took over two weeks to the
politically contested Somali port town of Kismayo. The presentation was led by MP
Abdi Hosh and complimented by Mohamud Guure. MP Hussein Arab Isse, Head of Parliamentary
Committee on Defence, has accompanied them in their presentation. MP Abdullahi
Godah was moderating the presentation, which was followed by a Question and
Answer session. The event was well attended by mainly foreign diplomats and representatives
of International Institutions. Also present was a small group of interested
Somali individuals many among them from the diaspora. Somali media was well
represented. I am happy to share with my readers the entire presentation, which
I am honoured to have received a copy from an official source.
It covers
the findings of the team of MPs and recommendations they have made to the
Federal Government of Somalia, the African Union and to the rest of the
International Community.
Comments on the document, particularly on the recommendations are most welcome.
Findings and Recommendations of the Dialogue and
Reconciliation Committee: Presentation to the International Community Nairobi,
Kenya, June 14, 2013
BACKGROUND:
On May 15,
2013, a government appointed delegation composed of members of parliament and
cabinet hereinafter referred to as the Dialogue and Reconciliation Committee
(DRC) made an official trip to Kismayo, the capital of the Lower Jubba region.
Among the mandates of the delegation were to:
1.
To liaise
with the Kismayo organizers of the Jubba conference and start dialogue on how
to turn the conference into a regional reconciliation conference and make the
process compliant with the Provisional Constitution;
2.
To conduct
public consultations with the local communities and solicit their input on
possible durable solutions;
3.
To review
the status of the Somali National Army in Kismayo and assess its needs in order
to professionalize it;
4.
To liaise
with AMISOM (KDF) and assess its operational protocols as outlined in the MOU
between AMISOM and the Somali government;
5.
To make
oral representations to the IGAD fact-finding mission of the 17th and 18th of May, 2013 on the
government policy position visa-vis the formation of regional administrations
in the region and the federating process;
6.
To provide
access to the local community leaders and elders so that they could make
personal representation to IGAD mission in Kismayo;
7.
To provide
a written report and a policy option to the President and the Prime minister.
Activities of the Dialogue and Reconciliation
Committee (DRC) during and after the IGAD mission presence in Kismayo.
1.
The DRC
made wide public consultations with the local community and traditional leaders
and also facilitated their access to IGAD so they could make representations to
IGAD;
2.
After it
became apparent that the oragnizers of the Kisamyo conference made a hasty and
ill-timed decision when they announced a presidency for ‘Jubbaland’, the DRC
continued dialoging with the Rask Kamboni leadership on keeping the peace in the
city until a peaceful political settlement is reached.
3.
The DRC
made oral presentations to the IGAD mission to the effect that:
a) The process
to be aligned with the Provisional constitution;
b) The process to be lead by
the Federal Government;
c) The process to be preceded by a genuine regional
reconciliation; d) The momentum should not be lost on the concerted efforts to
defeat Al-Shabab.
4.
The DRC
conducted periodic meetings with the AMISOM leadership in Kismayo and found
that there is communication gab within AMISOM command and also between AMISOM
(Kismayo) and the Somali government.
The Somali Government’s legal and Constitutional
opinion on the Federation Process and its stand on the ‘Jubbaland” issue as
presented to the IGAD fact finding mission in Kismayo.
· In August 2004, the delegates of the
national reconciliation conference in Embgathi adopted a transitional federal
charter that charted a political process which will inform the transitional
process. Among other items, the Transitional Federal Charter called for the
completion of the federal constitution that shall act as a binding document
between citizens, regions and the state.
· At the time, it was believed that the
constitution will be drafted and completed within two years and half period;
however, through a culmination of unforeseen circumstances and political
failures on the part of the successive governments, the process of completing
the constitution took more than eight years.
· On august 1st 2012,
the Provisional Federal Constitution was adopted in Mogadishu and for the first
time since 1969 a government based on a constitutional foundation was formed.
Although the constitution serves many purposes, it is also a symbolic document
that provides a platform for political discourse and resolution of conflicts.
· For the purposes of the Jubba land issue,
the constitution is explicitly clear on how the federation process will be
undertaken within a constitutional framework as
provided
for in article 49(1) and also article 111E. The principles laid down in these
two articles are as follows:
o
The number
and boundaries of the federal member states will be determined by the
parliament on the recommendation of the Boundaries and Federations Commission,
which is an independent Constitutional body.
o
The
Commission when making its determination on member states and boundaries will
take into account demographic and cartographic information as well as
political, economic and social criteria and recommend to the federal parliament
the demarcation of bounders of federal member states.
o
Moreover,
member state boundaries will be based on the boundaries of the administrative
regions as they existed before 1991, and the act of federation shall be a
voluntary decision between two or more regions that may merge to form a federal
member state.
· From the preceding principles mentioned
above and laid out in the constitution, it is clear that for the purposes of
the process of federation or for any other matter within the constitution, the
constitution does not recognize clans but rather only recognizes individual
citizens and political and administrative regions.
· By basing the future federated units on
the pre-1991 administrative regions, the constitution presupposes that
administrative regions will be formed that will voluntarily make a decision to
merge with other regional administrations, and presumably through the voice of
some form of an assembly that is representative and inclusive. Once the
regional administrations through their assemblies make it publicly known their
intention to federate with other units, they will jointly submit an application
for a determination of their eligibility to federate pursuant to the principles
laid down in the constitution.
· If the Boundaries and Federation
Commission finds a determination that the applicant fits the criteria of the
federation as laid down in the constitution then it will send a recommendation
to parliament which after deliberations will make a final decision.
· The organizers of the Jubba Conference
have not followed the constitutional requirements agreed upon under the
constitution as the delegates in this conference were not delegates
representing distinct regional administrations since no single administration
has been formed in these regions. The argument of the conference organizers is
that all clans and communities residing in the region have come together to
federate those regions. Unfortunately, the constitution as pointed out above
does not recognize clans and it has set down an elaborate process of federating
the country through a proper and constitutional means, with the Federal
Parliament having the final say.
· As it stands, there are other groups
claiming to form a federated unit encompassing six regions, which include the
Jubbas, and Bay, Bakool and Gedo,
essentially
making a claim on the same region that the Jubba land organizers are laying
claim to.
· Additionally, the Federal government has
made it clear repeatedly to Galmudug for over two years that it is not a
Federal unit as it has not satisfied the criteria and procedure for membership.
· The wisdom behind article 49 and article
111E and the whole idea of creating a Boundaries and Federation Commission was
to avert this kind of confusion whereby clans, militias and other political
groups create a dispute and conflict on overlapping territories and regions.
The Constitution is at
this moment by far the only binding document we have, notwithstanding its
limitations. It is thus incumbent on all parties to conduct their political
discourses, grievances and agendas within the framework of this document.
Otherwise, we will be boxed into a slippery slope whereby every group including
parliament, the judiciary and the executive will treat the Constitution as a
mere nuisance and we will revert into a new posture of anarchy and civil
strife.
The IGAD
Communique of May 24, 2013
On May 24, 2013,
IGAD issued its Communique based on its findings on its fact finding mission
and declared the following principles going forward on the Jubba issue:
1.
That all
parties adhere to the 5 principles laid down in the 21st Extra ordinary
meeting of IGAD dated May 3, 2013 which are anchored on the following
principles:
§ Leadership of the government of the
Federal Republic of Somalia in the process;
§ Respect of the provisional constitution
of the Federal Republic of Somalia;
§ All inclusive consultative process with
the peoples of Somalia;
§ Supportive role of IGAD based on the
priorities of the Somali
government; and
§ Fighting the Al Shabab as the primary
focus of the Somali Federal
government; AMISOM;
regional and international partners;
2.
That the
Federal government lead the process and convene a regional reconciliation
conference as soon as practicable.
3.
That
regional administration building efforts be in line with the provisional Constitution.
Recommendations.
To the
Somali government
The DRC recommended
to the government to:
1.
Urgently
re-open channels of communication with all relevant stakeholders of the Jubba.
2.
Convene a
regional Jubba reconciliation conference in Mogadishu as soon as practicable,
with a view to chart a mini Road Map on the establishment of an interim
administration and formation of permanent regional administrations in
accordance with the constitution.
3.
The
government when convening the reconciliation conference shall ensure that the process
is transparent, inclusive and representative of all stakeholder communities of
the region.
4.
The
government shall complete and table in parliament relevant legislations in
order to stand up the Boundaries and Federations Commission mandated under the
constitution.
5.
The
government shall embark on a trust and confidence building measures aimed at
assuring all stakeholder communities of the government’s bona fide intentions.
6.
That the
government invite UNSOM, AU, AMISOM, IGAD and other international partners to
play an active supportive role in the proposed reconciliation conference.
7.
The
government shall integrate the various militia forces into a unified national
command of the Somali national army as called for by the IGAD Communique of May
24, 2013.
8.
That the
government shall refocus its efforts and continue the momentum in defeating
Alshabab and liberating the whole jubba region in conjunction with AMISOM
forces.
To the African Union
The DRC
recommends to the African Union to:
1. Review
the Mission of AMISOM and ensure that all sector two leadership in Kismayo
adhere to the terms of agreement contained in the 2007 MOU between the Somali
government and AMISOM, and also to improve the communications protocols between
AMISOM (Kismayo) and the Somali government.
To the International Community
The DRC
recommends to the International Community to:
1. Respect
the sovereignty, territorial integrity, political independence and unity of
Somalia as enunciated in Resolution 2102 (2013) and adopted by the United Nations
Security Council at its 6959th meeting on May second, 2013.
1.
Financially,
technically and politically support the Somali government in its efforts in
building local administrations in the newly liberated areas in line with the
Federal Somali Provisional Constitution and also consistent with the IGAD
Communique of May 24, 2013.
2.
There are
report indicating that African Union peacekeepers that control the port city of
Kismayo have allowed ships carrying charcoal to leave, violating a UN Security
Council resolution 2036, a presidential order and
Somalia’s
Laws. Futher, there are other reports to the effect that Somalia’s charcoal
exports, which never came to a complete halt, continue to benefit Al-Shabab an
estimated US$ 100,000 per day even after they were forced out of Kismayo in
September 2012. Today, an estimated 10 Million sacks of charcoal are piled up
waiting for export from Kismayo port to Saudi Arabia, United Arab Emirates,
Eritrea and Kenya.
The
International community should help the Somali Government in its effort to put
to halt Charcoal exports from Kismayo by tying their support of AU Mission in
Somalia and AMISOM’s cooperation in supporting UNSC resolution 2036 regarding
charcoal export from Somalia.
