Somalia: Raskamboni Militia challenges US, UN credibility
_____
25/06/2013
The United States of America, the United Nations and the UN Security Council
spearheaded, supported, mediated and finally validated the legitimacy and
integrity of the constitutional process which marked the end of the
transition period and the election of an internationally recognized
inclusive government in Somalia. On August 1, 2012, the 825 National
Constituent Assembly members representing the people of Somalia debated and
approved the Provisional Federal Constitution (PFC).
<
http://unpos.unmissions.org/Default.aspx?tabid=9737&language=en-US> The
timeline of the Somali Constitutional Process 2004-2012, the
<
http://unpos.unmissions.org/Default.aspx?tabid=9737&language=en-US> PFC,
and <
http://usa5.org/g/guidebook-a4-eng-280912-w4683> the Guidebook to PFC,
prepared by a Joint UNDP/UNPOS Constitution Unit, have been officially
published in the Website of the United Nations Political Office for Somalia
(UNPOS) for authentication and public notice.
The political choices and compromises made among Somalis are inscribed in
the PFC for faithful guidance, respect and execution. The unfinished
business, including the laws related to the federal system, is left to the
federal parliament with responsibility among others to respond effectively
to social tensions and grievances.
The PFC establishes the Federal Republic of Somalia (FRS) defined in article
1 as follows:
1. Somalia is a federal, sovereign, and democratic republic founded on
inclusive representation of the people, a multiparty system and social
justice.
2. After Allah the Almighty, all power is vested in the people and can only
be exercised in accordance with the constitution and the law and through the
relevant institutions. It is prohibited for a person or a section of the
public to claim the sovereignty of the federal republic of Somalia or to use
it for their personal interest.
3. The sovereignty and unity of the federal republic of Somalia is
inviolable.
The flag, national symbols and the borders of Somalia with Kenya, Ethiopia,
Djibouti, and Indian Ocean remain the same as of the Independence and Union
Day, July 1, 1960. The Guidebook to the PFC confirms the lack of agreement
on the federal system. As a matter of fact, article 138 (2) postponed the
effect of the provisions related to the Upper House of the federal
Parliament, supposed to represent the Federal Member States (FMS).
Additionally, articles 49 and 111E on the Boundaries and Federation
Commission outline the complex issues to be studied before FMS's creation.
The reconstruction of the 18 regions that existed before 1991 has the
highest priority. In this context, the role of clan identity shall be under
scrutiny as it is classified as a potential factor for discrimination and
fragmentation.
The UN Security Council resolutions 2093 (2013) and 2102 (2013), as well as
all previous UN resolutions, have unequivocally reaffirmed the respect of
the sovereignty, territorial integrity, political independence and unity of
Somalia. But, the Raskamboni clan Militia, ally with Kenya and Ethiopia, the
existence of which is illegal under the PFC, has defied the legitimacy and
jurisdiction of the Federal Government and unilaterally declared in the city
of Kismaio a regional State called "Jubbaland" which refers to Gedo, Lower
Jubba and Middle Jubba regions despite most of area is either under the
control of Al Shabab or under self-governing administrations. This unlawful
action has hugely damaged the progress of the war against Al Shabab and the
high hope for peacebuilding and statebuilding in Somalia.
"Kismaio-Jubbaland" state as Puntland, Galmudug and Somaliland states is not
a legitimate name to be used officially by the member states of the United
Nations.
The Federal Government's firm objection against the formation of
"Kismaio-Jubbaland" State as the first FMS is dictated by the constitutional
imperative of defending the collective ownership and jurisdiction of the
federal government, loyalty to the national sovereignty, the equality of
citizens, the policy of weakening clan politics for transition to multiparty
political system, the re-establishment of the relation between the state and
land/resource control, and the strengthening of national solidarity/unity
over clan polarization, minority abuses and parallel powers. The use of
manipulative tactics for group interests or the abetting of statelessness
situation in Somalia undermines the foundations of the federal government.
The repeated statement of Raskamboni Militia and supporters that the federal
government has been invited to participate in the Kismaio conference is a
self-incriminating evidence for the deliberate defiance of the supreme
authority of the federal government over clan Militia or group. The
Raskamboni rivalry to the federal government encourages political chaos and
constitutional transgressions. There are no bases for the claims that the
provisional constitution has been tampered with or that it allows the
creation of FMS in the absence of parliamentary act preceded by a national
extensive study and debate.
The Kenya defense forces under AMISOM, stationed in Kismaio, denied security
protection to the federal government ministers, members of parliament and
other officials who visited the area. It is reported that the human rights
and dignity of the Somali citizens are violated at Kismaio Airport under the
control of Kenyan forces because the Somali travelers are interrogated,
harassed, discriminated for their clan affiliation and support to the
federal government.
The "Kismaio-Jubbaland" disorder planned years ago is intended to prevent
the federal government from the exercise of its constitutional functions
with regard to foreign affairs and international obligations, national
defense and security, delivery of basic services, fiscal and monetary
policies, immigration and citizenship administration. In addition, the
actions of the Raskamboni Militia have revived the culture of warlordism and
clan factionalism which receded during the transition period.
The federal government offered to the Raskamboni Militia the same deal
offered to Ahlu Sunna Wal Jama in Galgudud, a deal consisting in the
incorporation of the Militia forces into the government military and
security forces, in the payment of huge financial compensation and in the
appointment of the Raskamboni Militia leaders to executive and
administrative leadership positions. This fair deal takes into account the
sacrifices made by various factions outside the government structure in the
fight against the militant group Al Shabab.
In order to facilitate the transfer of public resources to local
institutions for the delivery of basic services, the federal government
issued a national stabilization plan for a functional effective local
governance structure that will be implemented initially in the more troubled
South Central regions through two-stage process. The first stage consists in
appointing temporarily local leaders at the regional and district levels
after consultation with members of parliament, traditional and religious
leaders, women and members of civil society.
There is an obvious need to place at the helm of the local administrations
and security apparatus leaders acceptable to local residents and at the same
time being trustworthy and capable of enforcing the constitution, democratic
values and financial management regulations under the supervision of the
national government. This stage of setting up basic governance structure
after 22 years of chaos is critical in the South Central Somalia and it
should not extend beyond 12 months. In the second stage, the appointed
officials will be replaced by locally elected officials through a democratic
process supervised by the international community.
The whole Federal government needs time to address all the problems on
federalism raised during the constitutional conferences. The United Nations
provided an expert on the constitutional review process. Tentatively, there
are five political factions that need to be integrated: (1) secessionists,
(2) Clan based federalists, (3) supporters of power devolution system
modeled on the new Kenya system of governance, (4) supporters of Islamic
State, (5) and supporters of fiscally decentralized state.
On May 27, 2013, Former Prime Minister of Somalia Abdirizak Haji Hussein
addressed the issue of federalism in an
<
http://www.cfpar.org/publications.html> interview with the Center for
Policy Analysis and Research. While he argued that federalism is not
suitable for Somalia, he mentioned two reasons pushing it. As he explained,
one reason is some people want to boost clan interest. The second reason,
which is very significant, is the sense of "victimhood" felt by the members
of Darod clan in relation to the great tragedy that happened in Mogadishu in
1991. Former Prime Minister expressed his opinion on addressing the second
reason.
Furthermore, the federal government must consider the following additional
steps before the formation of the FMS.
1. Intensifying the liberation of the remaining areas from Al Shabab.
2. Definition of the basis of the federal system and interpretation of the
principles listed under articles 3, 12, 21, 22, 27, 50, 72 and 111 E of the
PFC.
3. Compromise and resolution about the final configuration and integration
of Puntland, Somaliland and Galmudug before the appointment of the
Boundaries and Federation Commission.
4. Completion of the review process of the FPC and approval of the final
provisional constitution before referendum. Explanation of the "voluntary
merger" concept of the regions is necessary.
5. Enactment of the law establishing the Boundaries and Federation
Commission in accordance with article 111 E.
6. Preparation of the Report by the Boundaries and Federation Commission and
subsequent public and parliamentary debate.
7. Enactment of a law which determines the number and boundaries of the FMS.
The tension caused by the Raskamboni Militia is serious challenge to the
credibility and integrity of the US and the UN Security Council as principal
sponsors and international stakeholders in the constitutional making process
of Somalia and as protectors of the federal government against foreign and
domestic saboteurs. The high profile meetings between the Raskamboni
Militia leader, Ahmed Mohamed Islam "a.k.a. Ahmed Madobe" and supporters
with President Uhuru Kenyatta and Prime Minister Hailemariam Desalegn of
Ethiopia in Nairobi and Addis Ababa have intensified the incentives for the
continuation of the defiance which could defeat the inspiring goals of the
international "New Deal" strategy and of eliminating the major source of
terrorist and piracy threats and other risks , which is the statelessness
situation in Somalia.
In his analysis of June 21, 2013 on "Kismaio-Jubbaland" factional disorder,
Dr. Michael Weinstein, quoting a closed source in East Africa with access to
the Western thinking, wrote that "donor-power support for the S.F.G. [Somali
Federal Government] only runs as far as maintaining the illusion of a
sovereign government with which they can sign agreements and their
corporation can sign contracts. Any expectation of more robust western
support to the S.F.G. is, according to the source, a misreading of western
intentions." If this fairly reflects the intentions of the Western powers,
then Somalia heads to a tragic end.
Only an unambiguous and immediate response from the United States of
America, the United Nations and the UN Security Council to the illegal
Raskamboni Militia and its foreign allies will proof the credibility,
reliability and intentions of the donor-powers in Somalia. Otherwise, Dr.
Michael Weinstein's long standing position that donor powers never had deep
interests in rehabilitating Somalia as a united functional state will be
finally accepted and acted upon.
Fortunately, President Hassan Sheikh Mohamud put on notice the international
community against the culture of being neutral to all parties in Somalia
when it comes to politics between legitimate, sovereign, representative
government and self appointed or self organized local faction outside the
provisions of the PFC or a foreign foe. That kind of neutrality is
destructive.
Mr. Mohamud M. Uluso
mohamuduluso_at_gmail.com
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Received on Tue Jun 25 2013 - 16:57:38 EDT