FGS and FMS conference in Dhusamareb on completing the election process for 2024 local and state elections and 2026 Presidential elections

bidenkulaha

GalYare
A6748945-0904-473B-A256-B755DF3D10A7.jpeg
 

bidenkulaha

GalYare
HSM needs to raise funds for 1m1v elections next year for the FMS. As well as his own election in 2026. This sounds promising as the plan is to move on without PL which he’d only do if the IC isn’t a problem
 
Since you seem so passionate about the Constitution, how about adhering to its provisions? Oh I forgot, it is not about rules and regulations, is it?

Read along:

On the question of Amending the Constitution:
To effect Constitutional amendments, Article 132 provides in section(6), sub-section (f) :

The joint committee appointed in terms of Clause 5 shall:
(a) Review a proposal for the amendment`
(b) Inform the public of the proposal`
(c) Ensure that adequate opportunity exists for public debate`
(d) Consult with members of the public`
(e) Ensure that members of the public have adequate opportunity to present their comments and suggestions to the joint committee` and

(f) Engage Federal Member State legislatures and incorporate the harmonized submissions into the proposed amendment, whereas the matter concerns Federal Member State interests.

None of the aforesaid requirements had been satisfied, primary of all with Fed. Member States legislatures neither consulted, nor included in deliberations. NCC is neither a legislature body, nor a Constitutionally representative authority.

Under section (10) of Article 132 provides:
If the Parliament approves one or more proposed amendments in terms of this Article and Article 136 concerning the review of the final Constitution, it shall conduct a referendum on the revised Constitution as amended.

Where

Article 137, section (3) requires:
After collection and consideration of the views of the Federal Member States, the public, and monitoring and evaluating the implementation and application of the final Constitution and not less than six (6) months before the expiry of the second term of the Somali Federal Parliament, the Commission, in consultation with the Chief Justice of the Constitutional Court to ensure that the letter and spirit of the Constitution is respected, shall revise its report and submit to the Federal Parliament its proposals, if any, for amending the Constitution in terms of Article 132

Ergo, even after Amendments have been deliberated, subjected to review, and harmonised* with provisions and requirements, a referendum must be carried out, after which, and ONLY after shall it become the law of the land.

Further, Fed. Parliament could enact laws, concerning Fed. Member States, ONLY after respective legislature bodies had been consulted, and included in the deliberations with respective bodies offering own amendment(s) to proposed amendments.

* In the legal sense, harmonisation denotes influence flowing from States, and their respective Constitutions being harmonised with that of the Federal government so as to the Federal Charter becoming wholly representative of the States. That was the reason 'reconciliation' was not used, which denotes the opposite meaning.
 

bidenkulaha

GalYare
I’m not particularly interested right now in arguing about process although I believe it has been followed

I’ll correct you however. NCC agreements have already been consulted in FMS parliaments and passed, and for those still not yet to they will be by the time the independent parliamentary committee is done with their work.
 
HSM needs to raise funds for 1m1v elections next year for the FMS. As well as his own election in 2026. This sounds promising as the plan is to move on without PL which he’d only do if the IC isn’t a problem

Will they proceed with the two party plans for the federal election?
 
Remains to be seen. Up to the parliament. The agreements will come back as is for now but parliament will debate over it

I hope they remove it. It's one of the main things I'm against NCC. Having more parties will give opportunity for people to choose between a wide range of political ideologies. And if the sitting president's party doesn't get majority, it will force him/her to negotiate with other parties and compromise, and thus give room for some healthy power-balance.
 

bidenkulaha

GalYare
I hope they remove it. It's one of the main things I'm against NCC. Having more parties will give opportunity for people to choose between a wide range of political ideologies. And if the sitting president's party doesn't get majority, it will force him/her to negotiate with other parties and compromise, and thus give room for some healthy power-balance.
I disagree, it’s better we have a 50%+ winner immediately rather than a round 2. Could cause political instability and would be expensive.

Two parties that are the top two in national local elections is a good idea. Would unite the country too as it would be important for a candidate/party to do well across the country
 
I disagree, it’s better we have a 50%+ winner immediately rather than a round 2. Could cause political instability and would be expensive.

Two parties that are the top two in national local elections is a good idea. Would unite the country too as it would be important for a candidate/party to do well across the country

Yeah, it would be a bit of a hassle. But I would want at least the parliament to have more than two parties.

Then, if possible, to have some form of selection process with regards to the presidential election and reduce the candidates to only two. Though, it seems unpractical. Hopefully, it can be worked out in some way.
 

bidenkulaha

GalYare
Yeah, it would be a bit of a hassle. But I would want at least the parliament to have more than two parties.

Then, if possible, to have some form of selection process with regards to the presidential election and reduce the candidates to only two. Though, it seems unpractical.
Yh I did forget about the parliament but it might become similar to other countries where people just join the leading candidates anyway.

We’ll see what the parliament say. I can see argument for both sides that we need multi-party democracy but also that it would increase qabiil based parties like in the 60s, that become defunct anyway once a new President is elected and they join the leading party to get positions. Then the other issues above I mentioned.

The benefit to national local elections deciding two top parties that go to national election is that it increases need for as big a base as possible and as many different clans working together
 
Yh I did forget about the parliament but it might become similar to other countries where people just join the leading candidates anyway.

We’ll see what the parliament say. I can see argument for both sides that we need multi-party democracy but also that it would increase qabiil based parties like in the 60s, that become defunct anyway once a new President is elected and they join the leading party to get positions. Then the other issues above I mentioned.

The benefit to national local elections deciding two top parties that go to national election is that it increases need for as big a base as possible and as many different clans working together

I was thinking having 5 parties in parliament, which makes it harder to create clan based parties. Maybe the bigger clans could form one, but not all larger clans are united nor have same political ideas, hence ending up siding with different parties.

There're are other ways to circumvent clan centered parties, like having a requirement that you need people from different FMS to create a party and then requiring a set number of signatures from the public etc.

I'd prefer this and having parties create coalitions in parliament than one individual party with majority. But we'll see how it goes.
 

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