Federalism in Somalia By Dr. Yusuf O. Al-Azhari
Many qualified authentic Somalis could argue on whether
Federalism is the right option for our country in this period of deep
decomposition, agony and antagonism of our Nation which dearth any system of Governance
to be re-institutionalize for the past two decades which deeply depleted
National values and the integrity of Somalia as a Nation.
Gazing back on the marathon like Politics that Somalia went
through since independence, leaves no other option but to adopt and try a
Federal modus; as it is the only remaining political paradigm
that has not been assayed by Somalis. To be sincere to ourselves and to the
Somali people we should not shun aside factual rueful episodes that our country
envisaged in the past fifty years of sovereignty.
At independence Somalia was handed over the Parliamentary model
Democracy by its aggrandizer under carefully prepared Constitution which was
put to popular referendum and was approved. After nine years of self Democratic
Governance the Military took over the country by a coup d’état, imposing a
totalitarian imperious system of Governance. Soon after a short period the
reigning military regime, introduced the adoption of scientific socialism to be
the Political menu of Somalia which was forcefully imposed for twenty one years
till its collapse in 1991. The worst contrite that eventually pulverized the
close brotherly relationship among the Somalis was the anarchy and warlordism
that followed the failed unitary system of Governance. That means in span of
thirty years Somalia has gone through Democracy, Dictatorship, Communism and
Anarchy which all failed and rather fuelled hostility among the one brotherly
Nation; a phenomenon that is considered now, antediluvian
model of politics by the Somali Nation.
Subsequently, the short lived petulant Islamic Court which was
not politically well scrutinized and was more of religious emotional group
sentiments, which seemed to lack deep sense of solid political approach
appeared on the horizon whose leaders are disengaged into several antagonistic
factions to day. Moreover since the collapse of the State Institution and for
the last two decades the parliamentary system is being tried with the
assistance of the International Communities and friendly countries which could
not be sustained till now.
The blood shade, looting, rape and public mutilation that
erupted in Somalia have created a deep sense of lack of confidence and
insecurity among the various Clans which necessitates the adoption of a new
Political vision that could treat the trauma of the atrocities that occurred
among the various Clans; if the country’s unity is to be
salvaged and brotherly confidence have to be restored.
We are all aware of the various systems of Governance which has
a long history stretching from when human being commenced to form groups and
tribes which was the precursor of modern nationalist governments. The Federal
system has evolved over time, with legislators correcting the anomalies through
trial and errors. Federal system is one of the healthiest political models of
modern Governance which is used by people living together in communities;
and to sustain themselves, they have to establish a clear political
structure that could make vital decisions on matters concerning their community
and their daily life as a whole.
Federalism was prompted as a result of power domination by
Centralized National Government which restricted any sharing of power and
resources to the regions on equitable manner. As a result a Federal power
sharing system with a clear definition of the distribution of power and
resources between States and the National Central Government, to achieving
enhancement of welfare goals for its citizens, while maintaining collective
sovereign unity has been initiated.
Federal system is simply, a democratic equitable policy
procedure which allows sharing through cooperation and involves the division of
power between a central government entity and local State governments. Division
of political power between center and states, of a federal democratic nation,
bequeath most vital authorities related to National security, stability, major
foreign policy and minting of financial notes to the Central Government, with
states sharing subsidiary responsibility. Such distribution of powers, rights
and duties has to be clearly defined and stipulated in the National Federal
Constitution which sets up a Federal system of government; distinctly
describing the power equation between Center and States. The apprehension by
some that States may function as independent governments should be contained by
the Federal Constitution and a Federal court of justice to curtail any such
tendencies.
The central Federal Government and States will share
legislative, executive and judicial powers each within the constitutional
restraint of its allowed capacity limits. But the degree to which States are
granted freedom with respect to these above mentioned powers may vary, because
the Federal system may be symmetric, with all States granted equal amount of
local power under the aegis
of the Central Federal Government or asymmetric with some States
granted more powers. But all in all the country would remain to be one Nation,
with better and clear political synchronization between center and states that
would enhance the living standard of the Somali individual which should be the
goal.
The jittery sentiment by some about Federalism is not because
they perceive it, as being good or bad, but rather the lack of confidence in
it, through misperception of what it stands for implicitly or advertently.
Others may perceive that such phenomenon may lead to National disintegration
and others may lack proper constituencies to form a State or the capacity to
administer their Regions and sustain an equal standard of rapid development
compatible with other States. For these and may be other reasons they would
rather support Somalia to be under the umbrella of a unitary Government where
everybody has equal “responsibility, but not equal benefits and
rights”. Some others may argue on the disparity of resources which is
a fact. But the Federal central Government has to address such inequalities of
resources by injecting more development projects into the less fortunate States
to lift up their potentiality. Besides, States could establish mutual
cooperation between them, so that they could develop immensely together by
implementing joint economic projects of all kind. Moreover the Federal
Constitution guarantees every Somali National the liberty to reside in any
State of his choice even if he/she do not relate to the inhabitants of that
constituency.
Federal System provides immense opportunity to a State in
administering its Communities functions, just like that of a National
Government, but in a lesser scale of a particular community;
yet the Federal Central Government posses the prerogative to check and balance
State activities to be compatible with the set rules and regulations as
enshrined in the National Federal Constitution.
The Federal system would also eventually eliminate extremists as
they will not have a State they could hide in and would drastically discourage
and curtail the unwarranted desires by many candidates to apply for the post of
President as the holder of such post will have limited powers to implement.
Somalia has the chance to day, to fathom
the formation of a new system that would bar the creation of tycoon powerful
monster Leaders by adopting an exemplary Democratic Federal Constitution that
will empower the civil society and the people in general.
Finally a Federal National system of Government in Somalia after
what has happened is inevitable, as it would be impossible to re-implement
failed policies of Unitary Central controlled government system. Particularly
under the prevailing sensitive situation where the Somali people are
decomposed, and “territories and Towns has been claimed to belong to
certain group which deny others to live with them.” What Somalia needs
now is a period of self evaluation in peace and development to recover from its
past harrowing period. In this regard the only venue open to them is to pursue
a system that will provide security to each group in Federal modus of a self
rule States. However despite all these prevailing facts, I do not exclude
Somalis to ones again, in the distant future reach the desire, after
unfettering the despairing nightmare, to decide that a Parliamentary Unitary
system is better for the country as Somalis are considered to belong to the
same ethnicity.
