Puntland withdraws recognition of Somalia govt after constitutional changes

Puntland has withdrawn from Somalia's federal setup after Parliament passed proposed amendments to four chapters of its constitution in a unanimous vote, despite its opposition.

Legislators on Saturday approved amendments to four articles of the constitution, introducing aspects including a five-year term for the president and reduced powers for the prime minister.

The changes also introduce three nationwide political parties and state that the next president shall be selected via the direct, one-person, one-vote system.

The Council of Ministers announced Puntland's move in a statement on Saturday, saying it was motivated by the "Federal Government's decision to annul the constitution ratified in Mogadishu in 2012, replacing it with a new constitution perceived to serve vested interests."

The decision followed a cabinet meeting in Garowe, chaired by Puntland President Said Deni, at which the regional state reiterated its long-standing warnings about the potential harm to the unity and stability of the Somalia nation.

"The Puntland government has warned many times that if it is taken, it will harm the government and the unity of the Somali nation," the statement said.

"The Puntland government believes that the decision of the federal councils yesterday [Saturday] has annulled the laws and agreements that protected the unity of the country based on the federal system."

It added that it had lost the recognition and trust of the federal government agencies and that this would be the case pending a comprehensive constitutional system.

"The Puntland State has withdrawn its recognition and confidence from the Federal Government institutions until the country gets a complete constitution agreed upon by all Somalis, including Puntland," it said.

“[President] Hassan Sheikh Mohamud has mutilated the constitution that tied us together and which he was elected on and swore to protect. As such, Hassan Sheikh Mohamud has lost the constitutional legality of the Presidency."

The statement noted that Puntland would assert full autonomy and independence as long as a federal system of government is in place, contingent upon an agreed-upon Somali constitution and public referendum.

Somalia's lawmakers vote on constitutional amendments during a joint session on March 30, 2024. (Photo: Villa Somalia)

Puntland open to dialogue

After the cabinet meeting, President Deni addressed a joint press briefing with the United Nations envoy to Somalia, Catriona Laing, at which he reiterated that they do not recognise the amended articles of the constitution.

“Puntland clarifies that it only adheres to the 2012 constitution, which respects the unity of Somalia, and we are not ready for anything else that has not been agreed upon,” he said.

Laing said she was pleased that Puntland's leaders were willing to engage in dialogue to resolve their issues.

“I was very pleased to hear from the President that he is committed to try and find a way through this to ensure dialogue can continue with the federal government," she told a media conference in Garowe where she met Said and discussed Puntland’s concerns.

She noted that talks would ensure an inclusive process, unify the country and set the stage for the constitution, at the federal level, to define the rules of government while granting federal member states autonomy.

Puntland's stance has set the stage for a potential standoff between regional and federal authorities in Somalia.

The regional state had opposed the constitutional amendments alongside two former presidents, Mohamed Abdullahi Farmajo and Sharif Sheikh Ahmed, citing a lack of consensus among political stakeholders.

Criticism also came from former PMs Omar Abdirashid Ali Sharmarke and Hassan Ali Kheyre, and current MP Abdirahman Abdishakur Warsame, who warned that Parliament's action would put the country in a bad place and create public mistrust.

Mogadishu was yet to react to Puntland's decision by press time on Sunday, but in his reaction to Saturday's development, Somali President Hassan Sheikh Mohamud heaped praise on the parliamentarians and urged them to complete the remaining tasks of giving the country a new constitution.

"Today is a historic day that will be recorded in the annals of history as part of Somalia's state-building processes, which have taken a long time. The completion of the constitutional review process is a cornerstone in the development of democracy, statehood and the rebuilding of government institutions," he wrote on X.

"I urge members of both houses of Parliament to resume the review, correction and completion of the remaining chapters of the constitution."

Somali President Hassan Sheikh Mohamud follows proceedings as Parliament votes on constitutional amendments on March 30, 2024. (Photo: Villa Somalia)

The state of affairs

Somalia is a federal government made up of the federal states of Galmudug, Hirshabelle, Jubaland, Khaatumo, Puntland, and the Southwest.

The status of Mogadishu is yet to be agreed upon, while Somaliland claims to have seceded but is yet to be recognised internationally, so it is considered part of Somalia.

The current federal constitutional dispensation process started in 2002 in Kenya during the IGAD-led peace process.

In 2012, the current provisional constitution was passed by 825 delegates across Somalia. Since then, the process stalled, largely due to a lack of consensus, and it was only on Saturday that Parliament approved amendments.

Only five articles in four out of the 16 chapters of the constitution have so far been amended. They touch on freedom of expression, women's representation, the leadership system, the number of political parties and the composition of the electoral commission. Parliament is expected to review and pass the rest of the chapters.

For ordinary Somalis, the direct election of their leaders is the biggest win. Previously, clan caucuses elected members of parliament, who in turn elected the president.

Another big win for the country is the reduction of political parties to only three. As the country has over 100 registered political parties, the move somehow clears the crowded field and will likely encourage coalitions and mergers, which are deemed good for national unity.

The naysayers dismiss any positives and claim the amended chapters have killed power-sharing and reconciliation and given the president sweeping powers to appoint and dismiss the PM.

They say the latter is against the clan power-sharing agreement that has kept Somalis together since 2004, when the current constitution was approved in Nairobi, Kenya, following months of talks.

Reactions

The developments have partly dampened celebrations in Mogadishu, where many believe the approved amendments to the constitution signal many good things to come.

Member of Parliament Mohamed Ibrahim told The Eastleigh Voice that a constitution is supposed to bring people together.

Mohamed accused Villa Somalia of unilaterally hijacking the process, irking stakeholders who were not consulted, including civil society and federal states like Puntland.

Political analyst Ahmed Abbi noted that for a constitution to be supported, all stakeholders must be involved and their concerns addressed.

“A constitution is a social contract and needs participation by key stakeholders. It looks like the government rushed through Parliament the four amended chapters, which are crucial as they touch on power sharing," he said.

"Puntland State concerns are genuine and they ought to have been involved since Somalia is a federal state. We are now in a state of limbo, with a constitutional crisis that has polarised the country. There is a need for dialogue ... to revisit the matter."

Mogadishu resident Amal Abdi said, “I welcome the amendments because we have taken too long to agree on a constitution which is important for the country. Our celebrations have somehow been dampened by news of Puntland State concerns. We wish all Somalis would be on board.