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POLICY PAPER: Call for Confederation, Warning of any term extension and Freeze the Constitutional Review Process until after the 2020/21 Election

A- Introduction

We, the intellegensia and politicians, representing the views and wishes of the majority of Puntland society, have resolved to issue this Policy Paper on the short-sighted, revisionist and divisive policies of the current leaders of the Federal Government of Somalia.

The objective of this Policy Paper is to shed some light on the latest dangerous policies of the FGS to roll back the recent gains and modest political achievements by the Somali people on ending the Civil War and restoring public trust. It is also our intention here to spark off and contribute to a public debate on the wrong-headed policies of Farmaajo- Khayre Government.

In this Policy Paper, our thoughts and conclusions are limited to the following pressing topics of national interest:

B- On Federalism or Confederalism

The people of Somalia had agreed upon and adopted the Federal System to be only the viable governance option, until that time public trust is fully restored among warring and conflicting Somalis, and to avoid further harm done to Somali unity. To dig Somalia out of that deep hole, the nation, under the auspices of national congresses, had agreed, on June 2012, upon the Provisional Federal Constitution with powers of the Central Government and then existing FMS explicitly defined. In this context:

We have concluded that the current leaders of the Federal Government of Somalia (FGS) are engaged in dangerous and unconstitutional steps and policies of dismantling the Federal system – policies that may lead to disintegration and dismemberment of Somalia as we know it.

2. We think that the best course of action to counter-act such threatening policies of Somalia’s leaders is to warn and inform all Federal Member States, and, first and foremost, the people of Puntland.

3. We have also resolved that the Confederalism, a type of Federalism with more devolution of the powers of the Central State to member states, is now a more viable governance option for public debate, given the resistance and violations of the FGS against the Federal Constitution and stability of FMS.

4. We strongly oppose the notion that Somalia could return to the 1960 Constitution of a highly centralized unitary system, that led to state failure, in the first place. Federalism or

2 Confederalism is a governance option that enables Somalia to rebuild from the status of failed state she had suffered.

5. To dig Somalia out of that deep hole, the nation, under the auspices of national congresses, had agreed, on June 2012, upon the Provisional Federal Constitution with powers of the Central Government and then existing FMS explicitly defined.

6. The leaders of FGS had moved to ignore it by resisting completion of the Constitutional Review Process or doing it behind closed doors to avoid public scrutiny and inputs. Now they move to announce it is done in a fait accompli fashion to the FMS and general public in a manner designed for 2020/21 electoral advantage on their own self-preservation in power.

C. On the Role of Civil Society,

We call upon people of Puntland, traditional leaders, intellectuals, members of civic organizations and civil society as whole to be extra vigilant on the destructive and destabilizing policies of the current leaders of FGS and their hateful campaigns intended to dismantle FMS in contravention with the Provisional Federal Constitution.

People of Puntland should rise up to defend the gains of their long struggle for civil and human rights. Federalism, and now, possibly, Confederalism, pending popular consensus, is a major historical achievement of the residents of Puntland State, together with their brothers and sisters throughout Somalia, who are now enjoying the benefits of their own respective federal member state.

D. On the Role of Puntland Government,

We urge and advise all branches of Puntland Government, namely the Executive, House of Representatives and Judiciary to close ranks and confront all sinister machinations of Somalia’s Central Government led by President Mohamed Abdullahi Farmaajo and Prime Minister Hassan Ali Khayre. In this regard, we aren’t calling for boycott of the FGS, but to engage in constructive dialogue to ascertain the rights of the people of Puntland to run their internal affairs under the Federal Constitution, the basis of which the Federal leaders were elected and sworn in to respect and adhere to.

E. On the Provisional Federal Constitution Review

We know the Review Process took many years to agree upon and complete due to resistance and obstacles put forward by the policies of the current Somalia’s Central Government leaders. The whole Review Process was devoid of transparency and public debate.

The so-called Review Process was conducted in secrecy and in a suspicious fashion, making any outcome unplausable as it is legally unacceptable to the people of Somalia. Therefore, we recommend holding off the current Constitutional Review until after 2020/2021 election.

F. On the 2020/2021 Federal Elections

We call for fresh public debate on the possibility of holding One-Person-One-Vote general election, and on the modalities of a Federal Election in 2020/21. We are submitting this recommendation on the basis that the Review Process of the Federal Constitution is not done properly as legally required with adequate public inputs and in consultation with FMS. It is also noteworthy here that any constitutional review would be subject to further review and changes before a national referendum.

We suggest that leaders of the Federal Member States, traditional leaders and civil society should renew their vigor to meet the challenges of both the Constitutional Review Process and Elections in 2020/21. In this context, term extension of the current leaders of Somalia’s Central Government should adamantly be excluded in any option in this public debate.

G- Conclusion

The purpose of this Policy Paper was to contribute to the public debate on moving Somalia forward by highlighting the problems that the leaders of the Federal Government had intentionally created to do harm to the aspirations of Somali masses to end the Civil War, restore trust among Somalis, revive the failed Central Government and to institute a better governing system for Somalia. We believe these are unrealistic objectives under the current leadership of Somalia.

Our leaders are doing more harm to these long-sought aspirations held by people caught up in prolonged civil strife, caused in the first place, by sectarian, naive, clannish and poor leadership at all levels of our society.

Ahmed Abdulahi Yusuf “Ahmed-Dawlad”
Faarax Ali Shire
Eng. Mohamud Ahmed Hassan “Dhegaweyne”
Omar Mohamud Farah “Dhollowaa”
Ismail Haaji Warsame
Abdi Farah Said “Juhaa”
Issa Mohamud Farah “Dhollowaa”

For further Information Contact
Ismail Haaji Warsame
Phone: +252907034081
Email: [email protected] or
Issa Mohamud Farah “Dhollowaa”
Phone: +61416547736
Email: [email protected]

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