Historical Background
The Federal Republic of Somalia is a country located in the Horn of Africa. It is bordered with Ethiopia to the west, Djibouti to the northwest, the Gulf of Aden to the north, the Indian Ocean to the east, and Kenya to the southwest. Somalia has the longest coastline on the continent’s mainland, and its terrain consists mainly of plateaus, plains and highlands. Climatically, hot conditions prevail year-round, with periodic monsoon winds and irregular rainfall. Somalia has a population of around 19 million (2017). Around 95% of its residents are ethnic Somalis, who share common language, land, history, culture. Somalis are 99% homogenous since the first settlement in Somalia’s history.
AS late Saadia Touval wrote
“Somalis are primarily homogenous people United by Cultural, Historical, religious, and linguistic ties as well by territorial contiguity, common traditions, and way of life. They posses ,moreover, a highly developed sense of belonging to a Somali race and have a strong desire together in a government of their own.
Thus, Somali nationalism springs not from any influence of or reaction to colonial nor is it due to colonial rule, nor isit due to any absorption of the political outlook and ideas of the west; rather , it arises from the essentially homogenous nature of the Somali people. As a matter of fact, even the divisive impact of alien domination has utterly failed to make any headway in undermining the fundamental unity of the Somali nation”1
Somalis almost exclusively inhabit the Horn of Africa, form one of the most uniformly homogeneous populations of the continent. They speak one language, adhere to a single faith, and share a common cultural heritage which is an integral part of their nomadic way of life.
The very name “So maal”, when spoken in the imperative, means ‘Go and milk a beast for yourself’, welcome words of hospitality in a wandering stranger’s ears. The Somali’s self-conception is inseparable from his flocks and his historical grazing lands. Yet, the Somalis have watched helplessly for the past generation or two as their pasturelands were dismembered by colonizing European powers and neighbouring potentates.2
Since the demise of the central government of Somalia Siad Barre‘s government in January 1991 and The Civil war and Violence that ensued up to 1996 when a strong man SNA leader Gen. Mohamed Farah Aideed was killed by one of his own tribal militias.
Somalia was ravaged by a vicious tribal and resources Hyper-warfare founded, funded, and controlled from outside of the country, especially by western corporate and deep state complex interest using tribal wars and supewramacy as means to political and economic supremacy.
After 16 reconciliation conferences mostly outside of insecure Somalia, the warring Somali factions agreed to political Transition & the establishment of the Transitional National Government in 2006 (succeeded by the Transitional Federal Government), there was no central in Somalia.[3]
The Transitional Federal Government, formed in 2004 under the Transitional Federal Charter Which recognized it as the central government of Somalia. Under this charter there was alongside the national constitution, the Transitional Federal Charter of the Somali Republic [2] (TFC) lays out the basic way in which the government is to operate.
Executive power (President), Legislative (Parliament) and independent and separate Judiciary (lawmaking bodies + delivery system) as well as semi-autonomous regional states i.e. Somaliland & Puntland.
This political arrangement has function and administered the republic from 2004-2008 and 2009 – 2013 for Presidents Abdullahi Ahmed Yussuf and Sheikh Sharif Sheikh Ahmed respectively Until the Nascence and rebirt6h of a Somali Federal system and Government on August 22, 2014 after the end of the Transitional Federal System.
This Federal System heralded the nation to a new and challenging (Legally and politically) territories Which Somalis have no experience now and in the past. Since Somalia from independence up to 1991 was administered in a unitary central system of a Republic. Especially in Governance, Socio- Economic, development of national security apparatus, and the development and revival of Somali National character and culture.
What is federalism and Why for Somalia?
federalism is a system of government in which power is divided between a central authority and constituent (regional, provincial and local starlets-Cantons) political units. Federalism balances powers by distributing functions between a central government and a regional government.
Federalism divides authority between the state/regional/constituent governments and federal governments. Ex: The federal authorities are responsible in Foreign Affairs, and International Cooperation, National Finance, Taxation, and Defense departments. Internal Securities, Border security and control; Immigration and Citizenship departments. National Treasury and Development Policies and Constitutional Laws.
There are two types of federation: 1) Coming together Federation and 2) Holding together Federation. Federalism has dual objectives of safeguarding and promoting unity of the country and recognizing regional diversity (in the case of Somalia –clan affinities +belongings) by way of mutual trust and agreement of living together.
The use of Federal System in Somalia is new although it has been used globally in many African, American (both North + South), Asian, European and Latin America countries before. Such Examples are Austria, Belgium, Brazil, Canada, India, Ethiopia, Former Federal Republic of Yugoslavia, Germany, Mexico, Nigeria, Russia, Switzerland, South Africa, Spain & the USA.
Out of 54 African Nations, ethnic (clan) federalism is found only in 3 countries of (Ethiopia, Nigeria and S. Africa) which have special sociological, historical, cultural and political experience then Homogeneous united Somalia.
There are many types of federalism: Regional Federalism; Cooperative Federalism; Ethnic Federalism and Territorial federalism. Why would Somalia a homogenous nation (98%) in every aspect i.e. culturally, socially, ethnically, historically, linguistically, and religiously, choose clan federalism? And who was behind it?
In specific matters of legislation, taxation and administration, in federalism each tier has its own jurisdiction. Jurisdiction is the legal authority and can be defined in terms of geographical area or subject-matter to which such authority applies. There are two or more tiers or levels of Government: In Somalia’s case there are The Central government, The State government and the local (District) self-government.
Since the inception of clan- Federalism based on 4.5 model of clan power division in2014 in Somalia, the central government faced a lot of challenges developmental, fiscal, constitutional, security and above all how to implement and make functional the federalist political system in the country.
“From developing functional state, regional and local federal governing systems to strengthening the central federal system in Mogadishu Capital City (3.7 pop), Benadir region which is an independent regional administration of 17 districts which under the federal constitution the Executive Branch/President appoints the Regional Governor of Benadir who is also the Mayor of City of Mogadishu.
All processes used to form the Federal States have undermined the sovereignty and political independence of the federal (central) government, usurped the responsibilities of the federal parliament, and legitimized political dishonesty and disregard of the rule of law. They abolished the right of the Somali citizens to challenge the unconstitutionality and harmful consequences of the clan based States.
Nepotism, injustices, economic and financial mismanagement, rampant corruption, and abuse of political power, have caused the total collapse of the Somali State. The fight against those negative clan influences in the public sphere of Somalia is fundamental for rebuilding the Somali State. There are tested legal systems, public administration practices, and economic policies that guarantee regional autonomy or decentralization of state power while strengthening the leadership authority of the central government for national unity and harmony. The path for Somalia’s recovery starts and ends with patriotic conscience, respect and defense of the rule of law and Islamic values rather than in clan rivalry and discrimination disapproved by Almighty Allah.
The Somali society enjoys unique culture that has less to share with Germany, Switzerland, or United States of America in terms of the letters’ choices for different federal systems of governance suitable for them. Somalia needs a system of governance that counters clan ills.
The litigation over the federal and local governments’ democratic performances with respect to the rule of law would make sense after the establishment of shared central government that exercises power all over Somalia through integrated governance structures. Then, the current temporary clan formula of 4.5 or 3.5 in Puntland and Somaliland will be replaced by a transparent and well administered electoral political system. Clan federalism weakens national identity, unity, and reliance.”
The Federal Republic of Somalia is a country located in the Horn of Africa. It is bordered with Ethiopia to the west, Djibouti to the northwest, the Gulf of Aden to the north, the Indian Ocean to the east, and Kenya to the southwest. Somalia has the longest coastline on the continent’s mainland, and its terrain consists mainly of plateaus, plains and highlands. Climatically, hot conditions prevail year-round, with periodic monsoon winds and irregular rainfall. Somalia has a population of around 19 million (2017). Around 95% of its residents are ethnic Somalis, who share common language, land, history, culture. Somalis are 99% homogenous since the first settlement in Somalia’s history.
AS late Saadia Touval wrote
“Somalis are primarily homogenous people United by Cultural, Historical, religious, and linguistic ties as well by territorial contiguity, common traditions, and way of life. They posses ,moreover, a highly developed sense of belonging to a Somali race and have a strong desire together in a government of their own.
Thus, Somali nationalism springs not from any influence of or reaction to colonial nor is it due to colonial rule, nor isit due to any absorption of the political outlook and ideas of the west; rather , it arises from the essentially homogenous nature of the Somali people. As a matter of fact, even the divisive impact of alien domination has utterly failed to make any headway in undermining the fundamental unity of the Somali nation”1
Somalis almost exclusively inhabit the Horn of Africa, form one of the most uniformly homogeneous populations of the continent. They speak one language, adhere to a single faith, and share a common cultural heritage which is an integral part of their nomadic way of life.
The very name “So maal”, when spoken in the imperative, means ‘Go and milk a beast for yourself’, welcome words of hospitality in a wandering stranger’s ears. The Somali’s self-conception is inseparable from his flocks and his historical grazing lands. Yet, the Somalis have watched helplessly for the past generation or two as their pasturelands were dismembered by colonizing European powers and neighbouring potentates.2
Since the demise of the central government of Somalia Siad Barre‘s government in January 1991 and The Civil war and Violence that ensued up to 1996 when a strong man SNA leader Gen. Mohamed Farah Aideed was killed by one of his own tribal militias.
Somalia was ravaged by a vicious tribal and resources Hyper-warfare founded, funded, and controlled from outside of the country, especially by western corporate and deep state complex interest using tribal wars and supewramacy as means to political and economic supremacy.
After 16 reconciliation conferences mostly outside of insecure Somalia, the warring Somali factions agreed to political Transition & the establishment of the Transitional National Government in 2006 (succeeded by the Transitional Federal Government), there was no central in Somalia.[3]
The Transitional Federal Government, formed in 2004 under the Transitional Federal Charter Which recognized it as the central government of Somalia. Under this charter there was alongside the national constitution, the Transitional Federal Charter of the Somali Republic [2] (TFC) lays out the basic way in which the government is to operate.
Executive power (President), Legislative (Parliament) and independent and separate Judiciary (lawmaking bodies + delivery system) as well as semi-autonomous regional states i.e. Somaliland & Puntland.
This political arrangement has function and administered the republic from 2004-2008 and 2009 – 2013 for Presidents Abdullahi Ahmed Yussuf and Sheikh Sharif Sheikh Ahmed respectively Until the Nascence and rebirt6h of a Somali Federal system and Government on August 22, 2014 after the end of the Transitional Federal System.
This Federal System heralded the nation to a new and challenging (Legally and politically) territories Which Somalis have no experience now and in the past. Since Somalia from independence up to 1991 was administered in a unitary central system of a Republic. Especially in Governance, Socio- Economic, development of national security apparatus, and the development and revival of Somali National character and culture.
What is federalism and Why for Somalia?
federalism is a system of government in which power is divided between a central authority and constituent (regional, provincial and local starlets-Cantons) political units. Federalism balances powers by distributing functions between a central government and a regional government.
Federalism divides authority between the state/regional/constituent governments and federal governments. Ex: The federal authorities are responsible in Foreign Affairs, and International Cooperation, National Finance, Taxation, and Defense departments. Internal Securities, Border security and control; Immigration and Citizenship departments. National Treasury and Development Policies and Constitutional Laws.
There are two types of federation: 1) Coming together Federation and 2) Holding together Federation. Federalism has dual objectives of safeguarding and promoting unity of the country and recognizing regional diversity (in the case of Somalia –clan affinities +belongings) by way of mutual trust and agreement of living together.
The use of Federal System in Somalia is new although it has been used globally in many African, American (both North + South), Asian, European and Latin America countries before. Such Examples are Austria, Belgium, Brazil, Canada, India, Ethiopia, Former Federal Republic of Yugoslavia, Germany, Mexico, Nigeria, Russia, Switzerland, South Africa, Spain & the USA.
Out of 54 African Nations, ethnic (clan) federalism is found only in 3 countries of (Ethiopia, Nigeria and S. Africa) which have special sociological, historical, cultural and political experience then Homogeneous united Somalia.
There are many types of federalism: Regional Federalism; Cooperative Federalism; Ethnic Federalism and Territorial federalism. Why would Somalia a homogenous nation (98%) in every aspect i.e. culturally, socially, ethnically, historically, linguistically, and religiously, choose clan federalism? And who was behind it?
In specific matters of legislation, taxation and administration, in federalism each tier has its own jurisdiction. Jurisdiction is the legal authority and can be defined in terms of geographical area or subject-matter to which such authority applies. There are two or more tiers or levels of Government: In Somalia’s case there are The Central government, The State government and the local (District) self-government.
Since the inception of clan- Federalism based on 4.5 model of clan power division in2014 in Somalia, the central government faced a lot of challenges developmental, fiscal, constitutional, security and above all how to implement and make functional the federalist political system in the country.
“From developing functional state, regional and local federal governing systems to strengthening the central federal system in Mogadishu Capital City (3.7 pop), Benadir region which is an independent regional administration of 17 districts which under the federal constitution the Executive Branch/President appoints the Regional Governor of Benadir who is also the Mayor of City of Mogadishu.
All processes used to form the Federal States have undermined the sovereignty and political independence of the federal (central) government, usurped the responsibilities of the federal parliament, and legitimized political dishonesty and disregard of the rule of law. They abolished the right of the Somali citizens to challenge the unconstitutionality and harmful consequences of the clan based States.
Nepotism, injustices, economic and financial mismanagement, rampant corruption, and abuse of political power, have caused the total collapse of the Somali State. The fight against those negative clan influences in the public sphere of Somalia is fundamental for rebuilding the Somali State. There are tested legal systems, public administration practices, and economic policies that guarantee regional autonomy or decentralization of state power while strengthening the leadership authority of the central government for national unity and harmony. The path for Somalia’s recovery starts and ends with patriotic conscience, respect and defense of the rule of law and Islamic values rather than in clan rivalry and discrimination disapproved by Almighty Allah.
The Somali society enjoys unique culture that has less to share with Germany, Switzerland, or United States of America in terms of the letters’ choices for different federal systems of governance suitable for them. Somalia needs a system of governance that counters clan ills.
The litigation over the federal and local governments’ democratic performances with respect to the rule of law would make sense after the establishment of shared central government that exercises power all over Somalia through integrated governance structures. Then, the current temporary clan formula of 4.5 or 3.5 in Puntland and Somaliland will be replaced by a transparent and well administered electoral political system. Clan federalism weakens national identity, unity, and reliance.”
