• + Comment now
• Print
• Email
• Tweet
• Reset

The National Constituent Assembly selection conference convened in Mogadishu last week, bringing together 135 traditional elders to select the representatives that will adopt a new constitution.

"Today is a historic day in which we intend to realise real change," Prime Minister Abdiweli Mohamed Ali on Saturday (May 5th) as he addressed the elders from throughout the country, saying that they carry "a heavy burden".

"The traditional leaders convene today at their motherland … to select the leaders who will be the hope and saviours of this country and take it out of its current mess," he said. "We are passing through a crucial and critical moment, an opportune time for holding meetings that will shape the destiny of this great nation. It is the role of every Somali to support the traditional leaders in their endeavour to perform this crucial task in the coming days."

After eight years of working towards constitutional reform in Somalia, the draft constitution will be presented to the National Constituent Assembly, comprised of 825 delegates from all segments of Somali society, for ratification on May 15th.

The National Constituent Assembly will have two weeks to consider and then vote on the provisional ratification of the draft constitution.

Approval of the draft will elevate it to a Provisional Constitution of Somalia, which will remain provisional until the government can organise a national referendum to give Somalis the opportunity to vote on the final constitution.

The draft constitution was completed on April 20th, according to the deadline agreed to in the Roadmap and the Garowe Principles. In doing so, the Somali Transitional Federal Government (TFG) has paved the way for a transition to elected government in August.

Political analyst Abdiwahab Abdiqadir said a new constitution is very important for Somalia at this stage. "Adopting a new constitution is a great step and is vital for the future of Somalia," he told Sabahi.

"Somalia is on its way to building a new democratic system," he said. "There cannot be a civil state without a constitution that places all its institutions and citizens under the rule of law."

Abdiqadir attributed the collapse of the Siad Barre government two decades ago to the absence of justice and a just social contract, but said the new constitution can help Somalis break free from past social injustice and prevailing political chaos.

"This constitution also has the potential to lead Somalia towards more freedoms, economic development and prosperity, which would allow Somali society to become one that relies on the constitutional principles of democracy," he said.

Farhan Ishaq Yussuf, who teaches political science at Mogadishu University, said Somalia is in need of a new constitution to keep up with political, economic, social and cultural changes.

"Somalia is going through a decisive period as it moves from a transitional stage to that of a permanent government which is why it needs a constitution," he told Sabahi. "This constitution will allow the Somali nation, which slipped into a civil war over the past two decades, to see the light at the end of the tunnel."

"Moreover, a constitution will guide the country to a better and brighter future, achieve political stability and establish a democratic system that would ensure social justice," Yussuf said. "This new constitution is aligned with the values, beliefs and ethics of Somali society, and is able to fulfil the hopes and aspirations of the Somali people."

Al-Shabaab threatened to attack the meeting and kill anyone who participates in the ratification of the new constitution.

"It is legitimate to kill anyone who participates in the ratification on the new constitution, which is being funded by the enemies of God," said al-Shabaab spokesperson Ali Mohamud Rage. "This constitution violates Sharia law."

But Abdirahman Hassan, who teaches law at Mogadishu University, says the draft constitution is consistent with the principles of Sharia law.

"It cannot be said that this new constitution runs contrary to the general principles of Sharia law because the constitutional provisions mentioned therein testify to its adherence to the principles of Sharia law," he said.

"Any law that is contrary to Islamic Sharia is invalidated according to the constitution," Hassan said. "From this, it is clear that the direction this constitution takes is the closest any of the Arab constitutions has come to Islam."

Despite al-Shabaab's threats, there were no attacks at the conference. The TFG and AMISOM have dismissed the threats, pledging to prevent al-Shabaab from delaying the constitutional process.