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Draft:Somalia Constitutional crisis (2023–present)

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2023 Somalia constitutional crisis
Part of Somali Civil War and the Somali civil war (2009–present)
DateMay 28, 2023 (2023-05-28) (UTC+3)
Location
Resulted inPuntland Declaration of Independence
Parties

 Puntland



  • The opposition council of the National Guard

 Somalia Federal Government


Lead figures

Background[edit]

On May 28, 2023, President Hassan Sheikh of Somalia announced plans to implement universal suffrage, replacing the existing clan-based election system. This decision was reached following a four-day conference in Mogadishu, where the National Consultative Council (NCC) agreed to transition to direct universal suffrage by 2024, eliminating the 4.5 clan-based voting system.[1]

The constitutional crisis in Somalia emerged when President Hassan Sheikh Mohamud pushed for constitutional amendments aimed at expanding presidential powers, potentially leading to a constitutional deadlock in the country. This initiative, perceived as a bid to centralize authority, unfolded against the backdrop of Somalia's fragile political equilibrium. Amidst these developments, scrutiny intensified on Somalia's power-sharing dynamics, raising apprehensions regarding the nation's future stability.[2]

President Mohamud's appointment of Hussein Sheikh Mohamud as his senior adviser on constitutional affairs further fueled controversy amidst ongoing debates surrounding the amendment process of the Federal Government Constitution. Critics contend that the President's unilateral pursuit of constitutional changes lacks sufficient consultation with crucial Somali stakeholders, including political figures, cultural elders, and certain Federal Member States like Puntland and Somaliland.[2]

Puntland[edit]

Puntland Press Release

Amidst growing apprehensions of a potential constitutional crisis in Somalia, a significant faction of Somali politicians is actively opposing the constitutional reforms spearheaded by President Hassan Sheikh Mohamud. Critics argue that the President's approach, characterized by a rapid push to expedite the amendment process, is aimed at finalizing the constitution before the scheduled Puntland elections on January 8, 2024. Concerns are raised that this accelerated timeline may result in the imposition of a constitution favoring the President, without sufficient input from key stakeholders such as Puntland, Somaliland, and others.

Opposition to these reforms is notably prominent among key political figures within the President's clan. Notable figures like former President Sheikh Sharif, ex-Prime Minister Hassan Ali Khaire, and MP Abdirahman Abdishakur, now serving as a Presidential Envoy, lead this resistance. They argue that the amplification of presidential powers could potentially undermine the role of the Prime Minister as a check, potentially leading to unchecked utilization of state resources. This intra-clan opposition underscores the intricate dynamics of Somalia's power-sharing arrangements, wherein personal and political interests intersect.

Puntland Declaration of Independence[edit]

The semi-autonomous state of Puntland announced its withdrawal from the federal system on January 31, 2024. Puntland authorities stated their intention to govern independently until constitutional amendments proposed by the central government are ratified through a nationwide referendum. These amendments, endorsed by the federal parliament are purportedly aimed at establishing a more stable political system.[3]

The Puntland state has accused President Hassan Sheikh Mohamud of violating the constitution and losing his legitimacy.[4]

Somaliland[edit]

In response to the recent constitutional changes approved by the federal parliament of Somalia, the breakaway region of Somaliland has firmly distanced itself from these amendments. Somaliland authorities maintain that they have never been party to the constitution utilized by Somalia, emphasizing their longstanding separation from the central government's legal framework.[5]

Ali Hassan Mohamed, Somaliland's minister for information, reiterated the region's stance, asserting that they are unaffected by developments in Mogadishu. He emphasized Somaliland's historical rejection of Somalia's constitution, dating back to the nation's inception in 1960. Mohamed underscored that Somaliland's interests lie outside of Mogadishu politics, emphasizing a desire to avoid exacerbating existing political divisions within Somalia.[5]

Somaliland declared its independence from Somalia in 1991, yet its sovereignty remains unrecognized internationally. Despite this, Somaliland has pursued agreements with neighboring countries like Ethiopia, aimed at potentially securing recognition as a sovereign state.[5]

Meanwhile, Puntland, another autonomous region, has also rejected the constitutional changes, citing concerns over the rushed nature of the amendment process and the lack of genuine public participation. Puntland's withdrawal from the federal system underscores growing discontent with the central government's approach to governance and constitutional reforms.[5]

The recent amendments notably curtail the powers of the Prime Minister and introduce direct presidential elections, departing from the previous system where elders selected legislators who then elected the president. Additionally, the amendments set a five-year limit on federal autonomy, after which state leaders must seek reelection.[5]

Tensions with Ethiopia[edit]

On 03, April the Federal Government of Somalia has ordered Ethiopia's ambassador to leave the country within 72 hours,[6] along with the closure of Ethiopia's consulates in Somaliland and Puntland.[7] Diplomats and staff must vacate within a week.[8]

Risking Internal Conflict[edit]

A group of federal parliamentarians in Somalia announced the establishment of the National Correction Caucus on 27 November, claiming it is designed to protect the country's constitutional framework. This move comes amidst President Hassan Sheikh Mohamud's push for transitioning from a parliamentary to a presidential system, which includes abolishing the position of prime minister and introducing a deputy president role, thereby challenging the current political structure.[9]

External links[edit]

References[edit]

  1. ^ Sheikh Nor, Mohamed (9 June 2023). "Somalia announces universal suffrage to replace clan-based system". The Africa Report. Retrieved 4 April 2024.
  2. ^ a b Kheyr (2023-12-07). "Somalia Constitutional Crisis in the Horizon?". Somali News in English | The Somali Digest. Retrieved 2024-04-05.
  3. ^ "Somalia's Puntland refuses to recognise federal government after disputed constitutional changes". Reuters. 31 March 2024. Retrieved 4 April 2024.
  4. ^ "Somalia: Puntland pulls recognition of federal government – DW – 03/31/2024". dw.com. Retrieved 2024-04-05.
  5. ^ a b c d e "Somaliland joins Puntland in protests over constitutional changes". Garowe Online. 2020-06-30. Retrieved 2024-04-05.
  6. ^ "Somalia expels Ethiopian envoy amid naval base dispute". Reuters. 3 April 2024. Retrieved 4 April 2024.
  7. ^ "Somalia expels Ethiopian ambassador amid Somaliland port deal dispute". Al Jazeera. Retrieved 2024-04-05.
  8. ^ "Somalia orders Ethiopia's ambassador to leave the country as diplomatic tensions rise". AP News. 2024-04-04. Retrieved 2024-04-05.
  9. ^ Sheikh Nor, Mohamed (13 December 2023). "Somalia: Hassan's push for universal suffrage stokes tensions". The Africa Report. Retrieved 4 April 2024.