The proposed Amendments to the Election, Electoral System and political parties.

[Sup]

I finished reading this on Gaylan's Facebook. I think this draft will be revised quite throughly. Things that need to be removed in my opinion:

1. Two party system
2. Federal gov control over all natural resources
3. Federal gov control of state and local elections
4. In many ancillary faqrads, the draft lies about the scope of the change. It says that there was a change in the siiqad or language of the faqrad when the new language is clearly different. For example the faqrad on the furthest left is the 2012 constitution. Look at how clear the language there is compared with the proposed change. Dirty games ae being played. View attachment 315743
5. Sometimes the lies are outright like when discussing the economic development of Gabooye people. They outright deleted the section on Gabooye economic development without saying they deleted it. I expect the the draft as a whole will be contaminted with this kind of trickery. View attachment 315745

This is not going to pass muster.

One thing I’m sure about is that FMS should control their own local elections. Why this has been added is beyond me.

 

[𐒋𐒖𐒆𐒔𐒖𐒕𐒈]

Thank you for spotting the glaring travesties. There are so many amendments, additions and exclusions; let me begin with the less conspicuous ones, where inquisitive, legal minds are required.

a) The term 'Sharci' has been removed and intentionally replaced with 'Xeer', the significance herein being:

- To dilute primacy, and traces of Islamic jurisprudence, ordinances, and their precedence.​

- Sharci / shuruuc (pl) are derived from Shari'a 'Islamic jurisprudence' grounded in, and with its basis in Islam whereas Xeer is derived from customs and traditions, and Sharica. This becomes more evident when one notices the role of Culamaa has been excluded. Case in point Article 13, pS. 17&18, re: abortion where powers are afforded the medical profession, removing consultation with Culamaa - further explained in subtum.​

For instance, Article 17, p. 18:

- Removed are sections (1) & (2):​

- section (1) provides every citizen is free to practise own religion.​

- section (2) provides no religion, barring Islam, could not preached.​

b) Legal terms, which demand strict interpretations had been replaced with loose wordings open to interpretations, giving a great deal of latitude to abuse and misuse. Case in point Article 19, p.19, re: Miranda warning - further explained in subtum.

When legal minds with professional training and experience write contracts, which is what the Constitution is as 'social contract', technical terms with intent and purpose are used, whereas when ordinary people read, or try to interpret such laws, confusion almost always reins, with many concluding said law(s) being contradictory; one hears that often, and for a reason. Case in point, difference between Freedom of enquiry vs freedom of expression. The two concepts are confused, or intentionally transposed, in the proposed amendments. Article 18, pS 18&19,​

- section (3) of said Article, sets limitations where ingenuity in its art form incl. poetic or literary forms, and research had been replaced and confined to 'one's knowledge and creativity'; the new section uses the words 'faaf reeb la'aan', which I think is intended to mean lack of censorship. here, 'Xoriyad aqooneed' does not mean the same as 'si xor ah u soo bandhigo aqoontiisa'; the former speaks to freedom of enquiry and research whereas the latter speaks to one being at liberty to express. A major difference.​

- Further, in its simplest form, the new wording gives rise to loopholes to be exploited, where a citizen could be arrested for reciting a poem deemed inflammatory under Article (18), section (3).​

----------------------------
I have got 10 pages of notes to confirm, validate at first. Gotta dash to my morning meetings.

Bloody shame.

Article 28, re: Marriage:
- section (2) has been added, and it shall open flood gates, for it provides:
- Each person has the right to get married, and form a family through consent and desire, in accordance with Islam, and Federal laws. Now, any laws, which the Federal government passes, which could sanction civil partnership and gay marriage are permissible, and covered under this Article. This is what Sacdiya & Co have been advocating for.

Article 35, re: Presumption of innocence:
- section (1) removed 'innocence' replacing it with 'not committed a crime';
- It further changed 'till a Court proves guilt verdict' replacing it with 'till a Court sentenced'. In legal terms, this bears significance; to further explain in sabtum.

Article 20, re: Freedom of congregation and demonstration:
- section (1) had been diluted where it is now contingent upon compliance with Federal laws, and by extension the infamous National Security regulations, pruned from from the military government, a death kneel, and return to the dark days.

- section (2) adds a word, which rules out citizens from lodging a complaint to State institution; here, the word 'u gudboyo - to lodge' has been changed to 'u gudbin karo - could lodge', which in legal terms means worlds apart. In legal proceedings, you could lodge (privilege) does not mean you can lodge (right); the former has the implication of your being advised not to lodge a complaint whereas the latter in its original form granted citizens right, and at will sans potential injury to complainant(s). Freedom of enquiry is at the heart of good governance, and democracy, or else it dies in darkness.

Article 22, Political participation:
- section (1) has been diluted where citizens' ability to form, participation, and join political parties is now contingent upon Federal regulations; sub-sections (a) & (b) which provided said rights have been scrubbed. In its spirit, the new Article removes Election powers and governance from States, powers granted to States in the original Constitution; another power grab by the Fed. gov't.

Article 20, Travel and mobility:
- section (2) has been removed as a right to carry a passport, and moved to section (3); in principle, when a section is being separated, it can exclude the right, as Courts could reference section (1), and ignore section (3), which relegates the right to carry a passport to a privilege. Only persons permitted by the government of the day to carry passport could, and a ciziten falls foul of the said government, h(sh)e no longer enjoys the privilege, which must be earned by way allegiance, and/or loyalty. See the danger.

- section (3) now makes a requirement for a citizens to have a Federal ID in order to apply for a passport. This is a dangerous requirement, since IDs are State issued, as granted in the original Constitution. Here, a burden is being placed upon the average citizen. Another power grab by the Fed. gov't.


Article 32, Information Act:
- section (1) enforces the infamous National Security doctrine where citizens can only see what civil servants consider public information, incl. a file on every citizen, esp. elites, dissidents considered political opposition.

- section (2), which provides ? has been scrubbed. I'll have to find the original English text to fully comprehend its intent.

Article 30:
- section (5), which advocated for research and development (R&D) has been scrubbed.

---------------------------------------
Chap. 3 re: Land ownership:
- These are a set of Articles, which grant all land ownership and management powers to the Fed. gov't; this is a State matter barring Federally designated lands, which must be agreed upon between the Fed. gov't and FMSs.

Article 44, re: Natural resources:
- section (1) originally provided natural resources are to be negotiated between the Fed. gov't and FMSs, albeit all powers rest with FMSs; this has been changed to read 'Natural resources are national assets to be exploited ...'. transferring powers from FMSs to the Fed. gov't.

- section (2) is new, and creates Fed. Institutions incl.
- Minerals, water, and petroleum all under the Fed. gov't.

 

[𐒋𐒖𐒆𐒔𐒖𐒕𐒈]

In context, let us remind ourselves, following are the only powers Constitution grants the Fed. gov't:

As stipulated under Article 54, Allocation of powers, Fed. Government's powers are defined as:

• Foreign Affairs,
• National Defense,
• Citizenship and Immigration, and
• Monetary Policy.

 

[Pastoralist]

This constitution is something specials, we can’t let it go, just include more parties and it’ll be good.!2 parties can easily fall to dictatorship if one party does red wedding or philipenes and Pakistan type of politics on them

 

[𐒋𐒖𐒆𐒔𐒖𐒕𐒈]

This constitution is something specials, we can’t let it go, just include more parties and it’ll be good.!2 parties can easily fall to dictatorship if one party does red wedding or philipenes and Pakistan type of politics on them

As noted in the other thread:
That is not the spirit of the newly added Article and sections; it provides "ONLY the Fed. gov't can grant permission to foreign persons and agencies", and does neither imply nor state prohibition of ownership. It ONLY seeks to remove the right from FMSs. Again, this is not Powers for the Fed. gov't, but within State dominion except Federally designated lands.

 

[Pastoralist]

As noted in the other thread:

What other thread?

 

[𐒋𐒖𐒆𐒔𐒖𐒕𐒈]

Article 28, re: Marriage:
- section (2) has been added, and it shall open flood gates, for it provides:
- Each person has the right to get married, and form a family through consent and desire, in accordance with Islam, and Federal laws. Now, any laws, which the Federal government passes, which could sanction civil partnership and gay marriage are permissible, and covered under this Article. This is what Sacdiya & Co have been advocating for.

Article 35, re: Presumption of innocence:
- section (1) removed 'innocence' replacing it with 'not committed a crime';
- It further changed 'till a Court proves guilt verdict' replacing it with 'till a Court sentenced'. In legal terms, this bears significance; to further explain in sabtum.

Article 20, re: Freedom of congregation and demonstration:
- section (1) had been diluted where it is now contingent upon compliance with Federal laws, and by extension the infamous National Security regulations, pruned from from the military government, a death kneel, and return to the dark days.

- section (2) adds a word, which rules out citizens from lodging a complaint to State institution; here, the word 'u gudboyo - to lodge' has been changed to 'u gudbin karo - could lodge', which in legal terms means worlds apart. In legal proceedings, you could lodge (privilege) does not mean you can lodge (right); the former has the implication of your being advised not to lodge a complaint whereas the latter in its original form granted citizens right, and at will sans potential injury to complainant(s). Freedom of enquiry is at the heart of good governance, and democracy, or else it dies in darkness.

Article 22, Political participation:
- section (1) has been diluted where citizens' ability to form, participation, and join political parties is now contingent upon Federal regulations; sub-sections (a) & (b) which provided said rights have been scrubbed. In its spirit, the new Article removes Election powers and governance from States, powers granted to States in the original Constitution; another power grab by the Fed. gov't.

Article 20, Travel and mobility:
- section (2) has been removed as a right to carry a passport, and moved to section (3); in principle, when a section is being separated, it can exclude the right, as Courts could reference section (1), and ignore section (3), which relegates the right to carry a passport to a privilege. Only persons permitted by the government of the day to carry passport could, and a ciziten falls foul of the said government, h(sh)e no longer enjoys the privilege, which must be earned by way allegiance, and/or loyalty. See the danger.

- section (3) now makes a requirement for a citizens to have a Federal ID in order to apply for a passport. This is a dangerous requirement, since IDs are State issued, as granted in the original Constitution. Here, a burden is being placed upon the average citizen. Another power grab by the Fed. gov't.


Article 32, Information Act:
- section (1) enforces the infamous National Security doctrine where citizens can only see what civil servants consider public information, incl. a file on every citizen, esp. elites, dissidents considered political opposition.

- section (2), which provides ? has been scrubbed. I'll have to find the original English text to fully comprehend its intent.

Article 30:
- section (5), which advocated for research and development (R&D) has been scrubbed.

---------------------------------------
Chap. 3 re: Land ownership:
- These are a set of Articles, which grant all land ownership and management powers to the Fed. gov't; this is a State matter barring Federally designated lands, which must be agreed upon between the Fed. gov't and FMSs.

Article 44, re: Natural resources:
- section (1) originally provided natural resources are to be negotiated between the Fed. gov't and FMSs, albeit all powers rest with FMSs; this has been changed to read 'Natural resources are national assets to be exploited ...'. transferring powers from FMSs to the Fed. gov't.

- section (2) is new, and creates Fed. Institutions incl.
- Minerals, water, and petroleum all under the Fed. gov't.

Article 8, re: Citizenship and Nationality:
- section (2) in the new constitution now draws a distinction between Somali nationals in general, and people of the Federal Republic where in the former it applies to all Somalis whereas the latter is specific to those in the 7, the Federal Republic. Here, the new constitution seeks to define who is Somali, and what constitutes being Somali. It sets a dangerous precedence. In the original constitution, any one born to Somali parents is deemed Somali. The new constitution regards Somalis outside of the 7 non-Somalis, and in turn, this delegitimises Somalis in occupied Somali territories as non-citizens, and by extension said territories non-Somali territories.

 

[𐒋𐒖𐒆𐒔𐒖𐒕𐒈]

Postscript:
Article 18, re: Freedom of Enquiry:

Freedom of enquiry in ingenuity, research and development (R&D) is critical. Scientific & engineering research and innovations are stalled. And so in freedom of enquiry in political discourse where citizens could question elected civil servants incl. Heads of States.

As a concept, freedom of enquiry, as introduced into political discourse by B Spinoza, advanced by J Locke and later furthered by Montesquieu, is at the heart of good governance, and democracy. One of the reasons democracy is a better system of governance than its predecessors incl. monarchic, oligarchic, dictatorial etc, is it has an inherently built-in self-adjusting mechanism, where wrongs by currents leaders can be corrected by later leaders. Case in point, destruction visited upon US institutions, primary examples being State Dept., and DoJ had mostly been corrected.

 

[Abaq]

Article 8, re: Citizenship and Nationality:
- section (2) in the new constitution now draws a distinction between Somali nationals in general, and people of the Federal Republic where in the former it applies to all Somalis whereas the latter is specific to those in the 7, the Federal Republic. Here, the new constitution seeks to define who is Somali, and what constitutes being Somali. It sets a dangerous precedence. In the original constitution, any one born to Somali parents is deemed Somali. The new constitution regards Somalis outside of the 7 non-Somalis, and in turn, this delegitimises Somalis in occupied Somali territories as non-citizens, and by extension said territories non-Somali territories.

All this because they want to freely rig elections without worrying about millions of voters from across the border

 

[𐒋𐒖𐒆𐒔𐒖𐒕𐒈]

All this because they want to freely rig elections without worrying about millions of voters from across the border

I would not put it past them, but I think they are responding to the wishes of their masters in foreign capitals.

What other thread?

https://www.somalispot.com/threads/non-somali-citizens-can-never-own-land-in-somalia-only-leased.162375/page-2#post-3935400

 

[Thelegendhimself]

Will there be shariah law implementation?

 

[reer]

All this because they want to freely rig elections without worrying about millions of voters from across the border

 

[𐒋𐒖𐒆𐒔𐒖𐒕𐒈]

Article 2 re: State and religion:

• In section (1) of the original constitution, it stated Islam is the religion of the government' meaning government institutions, and by extension laws flowing from said institutions, which has since been changed to 'Islam is the religion of the country'; like many of the other diluted and modified Articles and sections indicate, this advocates for secularism.

Will there be shariah law implementation?

All traces of the word Shari'a have been replaced with 'Xeer', which encompasses customs, traditions, and laws outside of the framework of Islam.

 

[Xoriyo]

Article 2 re: State and religion:

• In section (1) of the original constitution, it stated Islam is the religion of the government' meaning government institutions, and by extension laws flowing from said institutions, which has since been changed to 'Islam is the religion of the country'; like many of the other diluted and modified Articles and sections indicate, this advocates for secularism.

All traces of the word Shari'a have been replaced with 'Xeer', which encompasses customs, traditions, and laws outside of the framework of Islam.

Thank you for going through this.

These puppets don’t have the smarts to come up with these subtle but consequential changes. It’s clearer than ever that outsiders are trying to change the fabric of our country by weakening the Islamic foundation that our country is build upon. Secularism by stealth.

People are too occupied with silly changes like the title of the heads of the Federal States rather than focusing on these far more crucial amendments that are clearly driven by outside forces.

You would have thought that HSM and co would learn from what happened with the Siad Barre regime after they tried to mess with the deen but alas.

 

[𐒋𐒖𐒆𐒔𐒖𐒕𐒈]

Thank you for going through this.

These puppets don’t have the smarts to come up with these subtle but consequential changes. It’s clearer than ever that outsiders are trying to change the fabric of our country by weakening the Islamic foundation that our country is build upon. Secularism by stealth.

People are too occupied with silly changes like the title of the heads of the Federal States rather than focusing on these far more crucial amendments that are clearly driven by outside forces.

You would have thought that HSM and co would learn from what happened with the Siad Barre regime after they tried to mess with the deen but alas.

Yes, we are in deep trouble, and our political leaders are so naive of the treachery in geopolitics, gullible in their dealings with exploitative nations, easily defrauded by low level stringers, and flattered by simple handshakes.

 

[𐒋𐒖𐒆𐒔𐒖𐒕𐒈]

a) The principle of shared sovereignty, at the Federal, State, and district levels, had been scrubbed where now almost all powers and decision making rest with, and lies within the Federal government institutions, where the principle of Federalism ONLY exists in name.

b) The principle of check and balance had been scrubbed:
i) In the Executive, it was originally designed where powers and responsibilities for the Presidency and Premier are shared and split to introduce a requisite parity, where a leader could not overstep, or abuse Powers of the Office, but under the newly proposed:

• The entire power rests in the Presidency with no oversight.

ii) In the Legislature, the Senate ( the Upper Chamber - majlis al shuyukh) was intended as an oversight body, a safety net for the House of Representative in ratifying laws prior to their being passed, or becoming law. As recently transpired, the two have been collapsed as one with there being zero oversight. Under the current format, in principle, the function of the Senate is reduced to a name only.

iii) The Judiciary, originally designed to oversee the other two branches of government, is yet to be formed.

Postscript:
Under the monstrous National Security doctrine, backported from the dark military days, allows State security apparatus and agencies of the day to imprison citizens without legal representation, nor process, and with the Miranda rights now scrubbed, one could languish in prison for years, no questions asked.

 

[𐒋𐒖𐒆𐒔𐒖𐒕𐒈]

Statement by Special Representative of the Secretary-General Catriona Laing to the Security Council on the situation in Somalia

Political developments
Madam President, I will begin with an update on political developments.

The National Consultative Council (NCC) proposals of 27 May on the proposed new electoral model continue to be debated intensely. On the positive side, there is broad public support for the transition to One-Person, One-Vote (OPOV) elections, but there is also a realisation that the timelines proposed by the NCC are too ambitious. The UN is working with the Ministry of Interior Federal Affairs and Reconciliation to develop a realistic plan which will ensure the momentum towards OPOV is maintained.

We welcome the recent approval by Parliament of the procedural rules for constitutional changes. This sets a clear pathway on process. It is now urgent to reach an inclusive consensus on the electoral framework. On the constitution, we encourage all parties to engage in the spirit of compromise to finalise the process. Without an agreed constitution, Somalia remains vulnerable to perennial crises with no agreed rules of the game to enable resolution.

I commend the people of the Federal Member State of Puntland on the peaceful conclusion of the electoral process on 8 January 2024. President Said Abdullahi Deni – the sixth President of Puntland – was re-elected by the Puntland State Assembly to a second term in office. The presence of President Hassan Sheikh Mohamud and three Federal Member State Presidents at the inauguration on 25 January was a positive signal. We hope this has created the foundation for a reset of dialogue with full re-engagement of President Deni in the NCC process. The planned Garowe conference on the future of Somalia could be an important part of this reset, with the opportunity for wider consultation with key stakeholders, including women and youth.

In Laascaanood and the Sool region, the situation has remained calm since the violence of November 2023. There is, however, no formal ceasefire. We continue to urge all parties to work towards an immediate exchange of detainees, a commitment to no further violence and to start dialogue to address the underlying drivers of the conflict. We continue to provide humanitarian assistance to those affected and to support the de-mining and early recovery.

Statement by Special Representative of the Secretary-General Catriona Laing to the Security Council on the situation in Somalia

(As delivered, New York, 19 February 2024) Madam President, Distinguished Members of the Security Council, I welcome this opportunity to address you on developments in Somalia since my last briefing in October. I am pleased to do so alongside the Special Representative of the Chairperson of the...

unsom.unmissions.org

 

[𐒋𐒖𐒆𐒔𐒖𐒕𐒈]

Under Article 90, section (a), one of the responsibilities of the President, is to:

• Declare a state of emergency, and war in accordance with the law.

However, Article 71, sections (f) and (h), re: responsibilities and powers of the Upper House requires:

• Consultation and participation with the Upper House before the President could declare a war. And before the Upper House could sanction, it must consult FMSs, and Lower Chamber.

This requirement was intentionally put in place, as a check, to prevent an overreach and usurpation of power, where a leader could, at a whim, declare a war, invade FMSs, or abuse of power, as happened in the nation's recent history.

Said power is now being removed, with consultation of the Parliament, and participation of FMSs no longer required, with power to declare and execute a war thereafter solely resting in the Presidency. A recipe for disaster.

 

[DR OSMAN]

HSM needs to focus on his immediate challenges which is security not work on tasks noone has asked him to do, indho adayga Somalis shocks me, war ka Soo bax hawsha amniga lol, ppl in your jurisdiction can't even walk 2 km in peace due to Shabab and moryans and moryans are not warriors but thugs harming unarmed civilians, while you yourself are inspected by AMISOM before you enter villa somalia, war Adaa amnigaga UU yaaban from beesha aad ka dhalatay, U silly senile old man. Gee do I despise and hate these hawiyes always stirring up shit to hide their incompetence in governing and leadership.

We seen your blessed galmudug and hirshabelle state building in 2012 to 2016 and it's the most barbaric and non functioning states in the nation, taas ku quus qaado inaadan aragti siyasadeed lahayn and you should stay away from contentious federal matters.

Focus on security, debt relief, and good governance(ur bad governance is graded by the whole world hiding out in halane shipping containers ileen qof kalsooni cawaan hawiye ku gabo aduunka ma jire) so focus on those tasks in your four year term not constitutional matters ama hawl aanan Lagu dirsane or as I quote the sayid abdulle, mandhow hawiye kuman dirsane

 

[𐒋𐒖𐒆𐒔𐒖𐒕𐒈]

Truth be told, every leader who came after Sh Sharif was power hungry only interested in violating the Constitution and the social contract (justice) whilst enriching himself.