4 October 2012

When I look back at the year that has passed, I feel really energized as it has been a very prolific year in Somalia.

I joined UNPOS in December 2010 as the Senior Constitution Adviser and at that time the Consultative Draft Constitution (CDC) was only just published. This was a milestone but it still had many gaps on key issues and it seemed difficult to gain the political support required to make progress on filling those gaps. The process seemed stuck.

The Kampala Accord was signed and paved the way for the Principals, the Somali stakeholders and the International Community including the regional states to unite around the Road Map to End the Transition. The finalization of the constitution was a central pillar to the Road Map.

Despite initial skepticism, the Somali stakeholders with the support of the international community threw their energies into this process and through a series of political consultations (in Garowe, Galkayo, Addis Ababa and Nairobi) and experts’ inputs, the Draft Provisional Constitution was shaped and submitted for provisional adoption by the National Constitution Assembly (NCA) in August 2012.

I met active young women and men in civil society, returning members of the Diaspora who became a part of this process, as members of these various committees, as part of the NCA and the NFP and as contributors of ideas.

I remember at the Garowe II meeting there was a tense moment during the discussions where people had polarizing views. An old Somali woman shouted out that women had been shut out for too long and wanted to be part of the political process. She described the sufferings of the women and she then broke out into song and all those present joined in. It was clearly a song that resonated of a happier era and it created a moment where people came together and the tension eased. It was also at Garowe that the commitment was made to provide a baseline representation for women of 30%. This was a defining moment.

At the NCA session where poets were reading out the constitution to members, discussions took place in committees and there was overwhelming support for the provisional adoption of the constitution. Even the unfortunate suicide bombing did not detract the NCA from its task. There is now a Provisional Constitution of the Federal Republic of Somalia and until a referendum is held, there is the opportunity to implement it and to improve it and review it through broader consultations.

One of my most enduring memories was observing the swearing in of the New Federal Parliament at the Mogadishu International Airport. The Somalis were totally committed to meeting the symbolic deadline for the end of transition (20 August). It was an open-air ceremony and half way through the proceedings the members broke for prayers, worshiped and the ceremony resumed. As the evening grew darker, the lights of the AMISOM and UN vehicles illuminated the site. It ended as peacefully as it began. It was a most serene evening.

*Experts from the Independent Federal Constitution Commission, Committee of Experts, Technical Harmonization Committee and Technical Review committee contributed to the finalization of the Constitution

UNPOS SRSG Augustine Mahiga

Mogadishu, 5 September 2012

These are remarkable days in Somalia. After more than two decades of war and civil strife, the Somali people have taken matters into their own hands and in quick succession have achieved the series of benchmarks necessary to end the transitional period and move forward to a new more legitimate and representative political dispensation. In the past few weeks we have seen the convening of a National Constituent Assembly which adopted a provisional Constitution, we have witnessed the standing up and successful completion of the work of a Technical Selection Committee, we have cheered at the inauguration of a new federal Parliament and the election of a Speaker and deputies. And now we are only days away from an historic presidential election.  

My contacts with the Speaker, Mr. Jawari, have convinced me that he is the right man for the job at this critical moment. Parliament is the highest sovereign body in the land and as its leader he deserves our support and our trust during these decisive times.

So let me take this opportunity to congratulate our new Parliamentarians for the progress they have made so far. The future of Somalia depends on each and every legislator voting for whomever they believe can best lead their country.  I encourage them to carry out this sacred trust free from any external influence. The vote will be carried out by secret ballot and I call on all Parliamentarians to do their civic duty and vote with their heart and their conscience.

31 July 2012

Today is day 6 of the National Constituent Assembly and the anticipation and excitement of tomorrow’s voting day is evident. The transition in Somalia is coming to an end. A new, more representative era that the people of Somalia have yearned for over two decades is about to start. The road has not been easy. Setting up the NCA was demanding in both resources and energy but the dedication and the commitment of the Somalis made it happen. Tomorrow their 825 representatives will vote on one of the most important documents, a document that will set the legal base for the next years, the Provisional Constitution.

In that respect, the Elders have done an exemplary work on nominating the 825 members of the NCA as well as finalizing their own list of 135 through their Arbitration Board. The self-assessment exercise has finished and the list was submitted to the Technical Selection Committee. Although some contesting issues still remain I congratulate the Elders on the completion of this important task that moves forward the process. Through their good work, the Elders have proven their reputation as the custodians of the Somali nationhood and demonstrated their respect for a fair and legitimate process.

Now we enter a difficult period. The new Federal Parliament will be the real basis of good governance that we are all looking forward to. It also represents a test of integrity for the Elders, who must nominate the representatives that will work for the interest of the people of Somalia. A lot of good faith and trust has been put on the Elders by the Somalis.

As I have stated before, being a Member of Parliament (MP) and a leader is a vocation, a calling, and a service. Not a career. I trust that those aspiring to be the new MPs will truly abide by these principles.

There have been disturbing reports of undue influence from aspiring politicians in current and former positions. This influence takes many forms including exchange and demands for favors, bribery and intimidation. We should not allow Parliamentary seats to become commodities for sale or items for auction to the highest bidders at a time when we are seeking to reclaim the true stature of a dignified and respected Somali nation.

Leadership must be earned from the trust of the people and the appropriate competencies and qualifications.  

Regrettably, this is more evident with women candidates, who are often more vulnerable and have less resources making them easier to exclude and exploit. The people who are using intimidation and extortion tactics are known. I strongly call on them to stop this practice and respect the rights of women to participate in the political process.

It’s inconceivable for the Parliament to begin its new task on such a wrong footing. The people responsible for this kind of undue influence or intimidation tactics will be categorized as spoilers.

Such actions amount to obstruction of the peace process.

The intimidation is extended to the Technical Selection Committee, which has demonstrated its integrity and stands ready to reject the names of people who have a history of violence and obstruction or do not meet the criteria established by the Garowe and Galkayo principles.

We have only one week ahead to complete the list and form the New Federal Parliament.

The nomination of the MPs is a test, not only to the Elders, but also to all the old and new aspirants who wish to give Somalia a new face. The Somali people and the international community expect that the new Parliament will be the basis for a good government not otherwise.

The Somali people are watching you. The whole world is also watching you. In this era of modern technology there is no place to hide or cheat. The subtle methods used so far are already exposed to the eyes and ears of the public. The honorable thing to do is to retreat and to enable the transition to end peacefully without fear or favor. This will be the best qualification for a leader in the next dispensation after August.

After independence in 1960, the Republic of Somalia adopted a written constitution by national referendum. This was replaced by a new constitution in 1979, adopted again by national referendum. Following the total breakdown of governmental structures in Somalia in the 1990s, the Transitional National Charter, adopted in 2000, was the first attempt to reestablish governmental functions by means of a constitution.

The Transitional National Charter expired in 2003, and was replaced by the Transitional Federal Charter in 2004. Today, this remains the transitional constitution governing the Transitional Federal Government and its institutions. The National Constituent Assembly is now empowered to provisionally adopt a new constitution to replace the Transitional Federal Charter. This constitution would then become the permanent constitution for Somalia pending adoption by national referendum.

The Guide Book below is designed to aid the Somali people to become familiar with the contents of the draft Provisional Constitution.

Available in Somali and English.

MY COUNTRY. MY CONSTITUTION

Somalia is in the process of adopting a new Provisional Constitution. What does this mean for the country? What does it mean to individual citizens, to Elders, to women, to businesspeople, to youth, to professionals, to city dwellers, to nomads and to the Somali Diaspora? Does the Provisional Constitution respect the Islamic values of Somali citizens?

This leaflet provides some basic information to answer your questions.

Available in Somali and English.

The following post was submitted by Robin Gary, Constitution Legal Adviser for UNDP/UNPOS, who is spearheading UNPOS’ NCA task force in Mogadishu.

At the beginning of April I accompanied the Deputy Special Representative of the Secretary-General, Peter de Clercq on the mission to assess the possible venues for the National Constituent Assembly; along with representatives of the Transitional Federal Government we visited a handful of sights and came out feeling that this task was impossible. How were we going to accomplish the preparation of a venue to hold the biggest constituent assembly in the world in one of the most dangerous cities in the world without enough time and with insufficient resources?

In our moment of despair, we looked to the Somalis. And as we began to engage, they stepped up to the challenge. As we approach the commencement of the NCA deliberations, the task we thought was unachievable, the test that we believed we were destined to fail, has been achieved.  I visited the venue today and improbably, it is ready to host one of the most important events in Somalia’s recent history, an event that can change the course of the country and provide for a better life for all Somalis.

In reflecting on this process, I can’t help but think that, in a way, it mirrors the struggle that Somalia has grappled with for the last 20+ years—a seemingly insurmountable task of creating a stable and secure environment for all Somalis. Progress has ebbed and flowed, felt hopeless and at times looked impossible — but then, with dedication, remarkable progress is achieved very quickly. It is my hope that, as the Somalis have succeeded to rehabilitate and elevate the venue to provide a comfortable environment for the Constituent Assembly in this limited time period, that another great success is looming and that we are on the eve of a historic moment in Mogadishu where a real change is going to take place.

A billboard from the BE INVOLVED: MY COUNTRY, MY CONSTITUTION public outreach and education campaign in the Dabka Junction in central Mogadishu. The provisional constitution will provide the base for future progress and development. It will protect human rights, ensure adequate women’s participation and guarentee fundamental freedoms without discrimination on the grounds of race, colour, gender, language, religion, political or other opinion, origin, or other status.