Somalia parliament initiates landmark constitutional review process

Somalia Parliament in session.

By Hassan Mohamed
Wednesday, January 24, 2024

Somalia's bicameral parliament took a pivotal step today, passing a motion to begin amending the country's provisional constitution.

Somalia's bicameral parliament took a pivotal step today, passing a motion to begin amending the country's provisional constitution. This thorny issue, long considered an impediment to nation-building, has sparked both hope and heated debate across the Somali landscape.

With 201 lawmakers and senators voting in favour, the resolution sailed through both houses. However, the proceedings were shrouded in controversy. Independent media were barred from covering the event, and heightened security measures surrounded parliament following a press conference by 40 dissenting lawmakers yesterday.

Speaker of Parliament Sheikh Adan Mohamed Nur declared victory, announcing the motion's passage with 180 MPs and 21 senators voting in favor. His pronouncement echoed through the chamber, barely audible over the heckling and background noise captured in a clip shared online by State television SNTV.

Despite the contentious atmosphere, supporters of the motion celebrated the passage as a historic victory. "This is the biggest victory today," declared a young parliamentarian, "We will start work on changing the constitution. This will be a historic victory."

Opposition voices, however, remained muted. Reached for comment by Eastleigh Voice, they declined to speak.

This constitutional review process kicks off after years of operating under the Provisional Constitution adopted in 2012. Its predecessor, the Transitional Federal Charter, emerged from lengthy negotiations in Kenya under the auspices of the Inter-Governmental Authority on Development (IGAD).

Today's motion lays out the procedural framework for amending the constitution, detailing the powers and responsibilities of dedicated parliamentary committees.

"This is the first time both houses have had joint rules of procedure," said constitutional lawyer Arafat Mohamed, welcoming the move. "Parliament has the power to do this, and it's crucial for managing joint sittings where constitutional changes will be discussed."

He acknowledges the need for consensus, emphasizing the importance of including those opposing the process. "There are still contentious issues like the capital city's status, power-sharing, and revenue allocation," he adds. "Today's move is positive, but bringing everyone on board is essential."

Articles 63, 71, and 136 of the provisional constitution empower parliament to debate, amend, and approve its terms. However, the motion stipulates that the document will remain provisional until several key criteria are met. These include incorporating the outcome of ongoing talks between Somalia and the breakaway region of Somaliland, and holding a nationwide referendum.

Today's vote echoes a deal struck last May between the Somali President, Prime Minister, and state leaders. Notably, Puntland State objected to this agreement, warning against amendments made without full consensus.

While the path ahead may be fraught with challenges, the initiation of the constitutional review process marks a significant milestone in Somalia's ongoing quest for stability and unity. Time will tell whether this bold step paves the way for a future of shared vision and progress, or deepens existing divisions.