Friday, March 29, 2024
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FMS are Not Enemy Clans, They’re Governing Institutions Born of Hope to Forge a Peaceful State

Dr. Aweys Omar Mohamoud

This is a follow-up to my recent article concerning President Farmaajo’s perspective on his government’s relations with Federal Member States (FMSs). Mr. Farmaajo sounded an angry man, crying out for vengeance. He seemed to be engaged in an exercise of revenge-seeking against certain FMSs and their leaders. While it is fair to say that Somali politicians (past and present), like their counterparts in post-conflict contexts elsewhere, ‘still exist in an unstable relational state of narcissistic rage towards each other, prudence and peacemaking demand that our leaders abandon their obsession with righting of past wrongs, put aside their differences, dispense with their grudges, and work together in pursuit of the weightier goals of nation-building.  

President Farmaajo ( center) with former Presidents Hassan and Sherif

It is in this spirit that this article focuses on the principle that FMSs are governing institutions created by their communities to maintain peace and provide citizens with basic needs. I am talking here about principles, as practices would vary across FMSs depending on level of leadership; organization and institutions; FMS-society relations; legitimacy; policy instruments and governance; capacity for public management, budgeting and finance; partnerships with government and NGOs; capacity for networking; collaborative governance within the FMS itself; community participation and social inclusion policies; and policies and strategies for capacity building, etc.

Notwithstanding their differences in leadership, functionality and legitimacy, all FMSs will have to work towards the ultimate goals of a society emerging from conflict by creating a safe and secure environment; establishing the rule of law; building stable democratic institutions; developing sustainable economy; and advancing social wellbeing.[1] These are all in line with their own constitutions and with that of the Federal Government of Somalia.

Creating safe and secure environment involves preventing clan or militia fighting by securing weapons/stockpiles, disarming, demobilizing, and reintegrating militias, and freelance gunmen; improving educational and vocational training for ex-combatants; protecting the public; ensuring freedom of movement for all; and building effective state security personnel. Establishing the rule of law involves security of individuals and accountability for crimes committed against them. This requires the full spectrum of civilian law-and-order capabilities – from criminal intelligence and investigation to arrest, prosecution, and defense, through to sentencing and incarceration, and will include establishing coherent, legitimate, and just legal frameworks (criminal and civil); building effective and independent courts; building effective FMS police force capable of protecting life and property; building effective prison and corrections system; building effective legal profession; protecting human rights; ensuring equal access to justice and equal application of the law; and promoting public awareness and legal empowerment, all in line with Somalia’s Constitution and penal code.

Building stable democratic institutions requires establishing legitimate systems of political representation at FMS, regional, district and sub-district levels. Power must no longer come from the barrel of the gun; it needs to come from a ballot box. This translates into FMSs supplanting the culture of “guns and greed” with a political culture that fosters public discourse rather than violence as the channel of competition for wealth and power.

Holding regular elections for community representatives at all levels in accordance with the Constitution and in a manner recognized as “free and fair” is the way forward. In addition, training officials, creating processes, and establishing rules are equally important steps in the process of democratization, and these are already in the domain of FMSs. But they also need to build effective and legitimate executive institutions at FMS levels (e.g., ministries, civil service), and create capable, representative local governments at sub-FMS levels; promote free and responsible media; promote the creation of political parties; and promote robust civil society and civic participation, including minorities and marginalized groups.

While the FGS is responsible for maintaining a unified external economic policy, FMSs have a constitutional role in developing and maintaining a sustainable economy.[2] They will have to formulate and implement regional economic development plans within the context of national development goals. This will include construction or reconstruction of infrastructure (e.g., electricity, communication, transportation); promoting sound economic policies; building effective financial and economic institutions (e.g., banks); creating a viable workforce; promoting business development and sustainable employment; increasing access to capital; generating local revenues for services; and fighting against corruption and illicit economy.

The provision of basic necessities such as food, water, shelter, basic sanitation, and health care are some of the most immediate needs of a society emerging from conflict. FMSs must establish mechanisms to deliver these needs, and to facilitate, when the situation permits, the return of displaced persons and refugees who want to return to their homes. They will have to also ensure the provision of longer-term needs such as developing an inclusive and equitable quality education system and promoting lifelong learning for all; addressing past abuses and promoting peaceful coexistence between communities. These are just some examples of the work FMSs must be able to do if they are to fulfill their constitutional mandates.

Can all of this be done from Mogadishu to serve the multitude of communities across the length and breadth of the country, from Ras Hafun to Ras Kamboni? Well, it has been tried before, and it came to nothing. In fact, it ended in disaster. Even if the whole world poured its money to the coffers of the central government in Mogadishu, it would be next to impossible in the post-conflict context (the background; the current social, economic and political factors; and the security environment) to do so. As they say, nothing is impossible; somethings are just less likely than others. We can agree; they are less likely to be done from Mogadishu, now and in the foreseeable future.

The post-colonial state was a unitary state governed as a single entity in which the central government was ultimately supreme. It lasted for nine years, and had a succession of civilian governments elected by universal suffrage until the dawn of the military coup in 1969 which brought to power the highly oppressive regime of President Siyad Barre. That regime abolished the democratic structures that were in place and created a highly centralized state which after twenty-one years of dictatorial rule led to civil war, state collapse, the flight of millions out of the country, and millions more becoming IDPs in their own country. By far the best proof that the post-colonial highly centralized state has not only failed but has also become irrelevant, shattering the hopes and aspirations of the people for a democratic, stable and prosperous country. Hence the imperative for it to be refashioned so that it can fulfill the high hopes that the people of Somalia entertained during the dawn of the independence era.

FGS and FMS emblems- credit PDRC

Federalism thus was born of hope for the country to forge a peaceful state out of adversity and civil war. The provisional constitution was adopted by a Constitutional Assembly in Mogadishu on 1st August 2012, and it is the legal basis of the FGS. While not yet ratified, it establishes a federal system of government with significant prerogatives reserved for the Federal Member States (FMSs) to prevent an overly powerful or despotic central government. If well managed and enough trust develops between the Somali people, a federation can satisfy both those who want a more substantial central governing capability, and those who want strong regional governments.

The unity of a federation is exemplified by the constitution, which has a fundamental role, since it is the guarantee of the rights of the separate units against any attempt by the centre to take them over, or subordinate them to itself. Thus strict adherence to the constitution acts as a check against any personal centralization of power, entrenches the rule of law and hence respect for legal procedures.

Whereas the FGS retains control over national policy and security concerns, FMSs could make a positive contribution to the political system by bringing government services closer to people. This is called the principle of subsidiarity: ‘provision of public services should be located at the lowest level of government’. The core of this argument is that because local governments (read FMSs) are located closer to people, they’re better suited than central government to identify the needs of their communities, and provide them with services that are more responsive to their aspirations. Because community needs differ from one area to another, FMSs can provide ‘tailor-made’ solutions in each area in their administration. By contrast, central government tends to impose standardized services across the country. FMSs thus will not only deepen democracy and enhance political accountability through local service provision, but a certain allocative efficiency will also be attained in the process.

Read more: FMSs are Not Enemy Clans, They’re Governing Institutions
Born of Hope to Forge a Peaceful State

Dr. Aweys Omar Mohamoud
Email: [email protected]
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Dr. Aweys Omar Mohamoud (@AweysOMohamoud) has a PhD from the Institute of Education, University College London (UCL). He has recently worked as an advisor to the Ministry of Education, Culture & Higher Education (MoECHE), Federal Government of Somalia in Mogadishu.


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