The first 100 days present a small window of alternative to make in style voice a actuality

“Serves as interim President of the Republic.” These are the introductory phrases of the 1960 Interim Constitution of the Somali Republic. The first yr of Somali independence was marked by a interval of non permanent rule.

The interim authorities had a one-year mandate, and its principal aim was to host a nationwide referendum on the interim structure. Somalia’s constitutional referendum was held on June 20, 1961, and was thought of a take a look at of confidence in the brand new nation and its leaders. On July 6, 1961, after three votes, the Somali National Assembly voted for Aden Adde Osman to turn out to be the nation’s president. This heralded a brand new constitutional order for Somalis.

Fast ahead to present-day Somalia and you may discover that it’s once more ruled by a provisional structure. The present interim period has been in existence for a decade and got here into drive in September 2012. Somalia’s new authorities will prioritize constitutional revision and nationwide referendum. The solely approach Somalia will go from a fragile state to a totally functioning state is to herald a brand new, everlasting, constitutional order.

The first 100 days

The first 100 days of a president’s time period sign the brand new authorities’s political priorities and are sometimes accompanied by a daring motion plan to achieve the administration’s agenda. Somalia’s new president, Hassan Sheikh Mohamud, bears monumental duty.

Somalis anticipate him to ship one-person-one-vote elections in 2026, and he has a small window of alternative to realize that aim.

In his first hundred days, President Mohamud should start work on constitutional revision and nationwide referendum. This will lay the groundwork for organizing one-person elections, one vote for Somalia’s twelfth federal parliament and the 2026 presidential election. To full this agenda, the president should create three job forces:

Legislative Task ForceTrain Task ForcePopular Vote Task Force

The Legislative Task Force will include ten parliamentarians from every federal Member State (FMS), 5 regional and 5 federal. Five members of parliament from every regional FMS parliament and 5 members of parliament from every FMS within the federal parliament. For instance, the South West State could have 5 MPs from their Baidoa-based regional parliament and 5 MPs representing them within the Mogadishu-based federal parliament. The Legislative Task Force might be accountable for drafting a brand new everlasting structure after which finalizing it on the Federal Constitutional Convention.

Somalia should erase the wrinkles of her federalism. The Federal Government of Somalia (FGS) and the assorted FMS governments have but to barter which authorities powers are delegated to the federal authorities and which powers are reserved for state governments.

What distinguishes federalism from different varieties of presidency is the dual-sovereign notion of “vertical separation of powers.” This idea conveys governing powers between two principal entities, the federal authorities and state governments (ie the federal Member States). Each machine should not intervene with the management of the opposite machine.

In the United States, the federal authorities controls overseas affairs, nationwide protection, and financial coverage, whereas state governments management public well being, safety (similar to the police), and schooling. The dual-sovereign idea consists of two parallel entities, federal and state, that govern collectively.

Somalia’s vertical separation of powers must be codified. This can solely occur via a nationwide dialogue between Somalia’s numerous FMS stakeholders. After finalizing the brand new structure, the Legislative Task Force will current it to their respective constituencies and foyer them to approve the brand new social contract in an upcoming nationwide referendum.

The Executive Task Force might be composed of the President of Somalia and the Presidents of the Federal Member States. This job drive might be accountable for growing a voter register and organizing polling stations in preparation for the nationwide referendum.

To full these aims, the Executive Task Force should set up census operations in every respective FMS. This is not going to be a straightforward job. The first census was carried out throughout the Trusteeship period in preparation for the 1954 election, through which thirty-five cities and villages participated.

The final profitable census was carried out in 1975.

Somalia has been ready a protracted time for a census. A census will assist set up a fairer political system, a system primarily based on proportional illustration and never the 4.5 clan formulation.

A census is required to develop a voter register and set up polling stations. In addition, census operations assist governments determine the place to direct assets to public providers. To be trustworthy, census knowledge is essential to giving residents good governance.

The Popular Vote Task Force might be accountable for organizing one-person-one-vote elections for each Somalia’s twelfth Federal Parliament and the 2026 presidential election. This job drive might be just like the Federal Indirect Electoral Implementation Team (FEIT), which was tasked with organizing elections in 2022.

The electoral register and the polling stations for the forthcoming constitutional referendum might be the premise for a nationwide electoral register (with added individuals and polling stations). The Popular Vote Task Force may even be assigned the duty of offering biometric identification to all these within the voter register.

Small window of alternative

President Mohamud has a small window to dwell as much as his promise to carry one-vote elections in 2026.

His possibilities of success might be exponentially larger if he adopts a daring plan of motion in his first 100 days. The political milestones that President Mohamud achieves inside his first hundred days will sign to the Somali individuals and the worldwide neighborhood whether or not his authorities is severe about in style elections.

President Mohamud’s first time period was marked by institutionalism and state-building; 4 FMS got here to fruition and the Upper House of the Federal Parliament was established. In his second time period and inside his first hundred days, President Mohamud should develop a political framework that can meet the aims of constitutional revision and nationwide referendum.

The Legislative, Executive and Electoral Task Forces will present a possibility to regularly reintroduce electoral democracy to Somalia via a hybrid top-down / bottom-up method. It took the primary Somali authorities a yr (July 1960 – June 1961) to finalize its structure and host a nationwide referendum. The present authorities can undoubtedly muster the braveness to finish this decade-long tentative period and herald a brand new constitutional order for Somalia.

Aman Obsiye is a lawyer primarily based in Minneapolis, MN. He obtained his Juris Doctor and Master of Public Policy levels from the University of Minnesota.
By Aman Obsiye

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