Africa

Somalia opposition, Puntland State oppose constitution amendment process

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Puntland State and the opposition claim the government is planning to do away with the federal system of power and introduce a presidential system through a flawed process

Somalia’s Puntland State and opposition leaders, led by two former presidents, have opposed the government-supported constitutional amendment, threatening not to recognise or abide by it should it be passed without their consent.

The opposition issued strongly-worded statements after meeting in Garowe, the capital of Puntland State, on Monday.

Meanwhile, in Mogadishu, it was business as usual as a government-supported demonstration supported Somalia’s bicameral parliament's conclusion of the constitutional review process over the weekend.

Puntland State and the opposition claim the government is planning to do away with the federal system of power and introduce a presidential system through a flawed process passed by a divided parliament, where over 70 lawmakers have withdrawn their support.

Puntland State issued a statement late on Monday, asking the federal government to stop meddling with the constitution, power-sharing and national reconciliation agreements, which are the main pillars of Somalia’s statehood.

“Puntland State strongly opposes and warns against the latest attempts to rebuild a federal state through a flawed constitution amendment process led by the federal government, that threw away national unity and an agreed power-sharing formula based on reconciliation, which our nationhood is based upon,” it said.

“If any attempt is made to draw up a new constitution, Puntland State will not recognise it and will never abide by it,” it added in the statement read to the media in Garowe.

Somalia is made up of federal states that enjoy certain powers accorded to them by the provisional constitution, which was agreed upon in 2002 by more than 800 delegates across the country.

Puntland President Said Deni (2nd R), Somalia's former presidents Sheikh Sharif Ahmed Mohamed Abdullahi Farmaajo, and senior Puntland State officials during a meeting in Garowe on March 25, 2024. (Puntland State House)

Huge stakes

This latest standoff threatens a political crisis in Somalia, likely to derail the realisation of a fully supported constitutional dispensation at a time when unity is paramount as Somalia advances its anti-terror war.

The country is also preparing to take over security from African peacekeepers, who are expected to exit by the end of the year.

Somalia’s provisional constitution review process started in 2004 in Kenya, which then hosted the IGAD-led Somalia National Reconciliation Conference. The provisional constitution was then ratified in 2002 in Mogadishu by over 800 clan delegates and civil society activists in Mogadishu.

In its latest attempt at ratifying the constitution through parliament, the current government has introduced a new chapter and has proposed to ratify three others.

Some of the contentious issues are the introduction of a deputy president instead of a prime minister, the term limit extension to five years instead of four, and the one-person, one-vote election in which only three political parties are to compete.

The opposition and Puntland State say parliament has no powers to change the constitution and are threatening not to respect or adhere to any amendments passed without a consensus. The government, on its part, has stuck to its guns and says the amendments must be passed.

In their own statement, former presidents Sharif Sheikh Ahmed (2009–2012) and Mohamed Abdullahi Farmaajo (2017–2022) also registered their opposition to the process.

“The leaders warn the President of the Federal Republic of Somalia, Hassan Sheikh Mohamud, to desist from the futile, one-sided path aimed at changing the constitution and instead urge him to return to the right and lawful path and respect the constitution he swore to protect,” they said.

A file picture of Somalia President Hassan Sheikh Mohamud. (Photo: X/Villa Somalia)

Rivalries in leadership

Sheikh Sharif handed power to Hassan in 2012, who handed it over to Farmaajo in 2017, only to return to the helm in 2022.

In a well-orchestrated reversed-role sort of political game of chess, these three leaders have been up against each other.

During Farmaajo’s reign, Hassan and Sheikh Sharif opposed his term extension plan. Today, Farmaajo and Sheikh Sharif are opposed to Hassan's plan to single-handedly rewrite the constitution.

The incumbent appears to be ignoring their cries.

On Monday, senior officials attended a protest organised by the city of Mogadishu in support of the constitution amendment review by parliament.

During Friday prayers at the State House mosque in Mogadishu, Hassan said the constitutional dispensation process has taken a long time and needs to be concluded. He reiterated that anyone with issues should address them through parliament, the lawful body responsible for the review.

“People have a right to share their views on the chapters being reviewed in parliament, but what we are against is someone saying there is no consensus in the review process and that the constitution should never be discussed," he told a congregation comprising mainly senior government officials.

"The constitution can be changed before the public referendum is done so once these reviews end, we will still have a chance to change any part."

Parliament concluded those discussions on Saturday and handed revised amendments to the parliamentary committee on the constitutional review to summarise the views and present them to parliament for a vote.

All eyes are now on parliament.

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