Proposed constitutional amendments - redrafting the Fed. constitution

[Illyria]

By the time they are through with it, there will be nothing left of the original.

 

 

https://icric.gov.so/wp-content/uploads/2024/02/Soojeedinta-Waxkabadalka-Dastuurka.pdf

[Che -Guevara]

The way things are going, I foresee another two years wasted, and then back to the tent.

[Illyria]

I boggles the mind. Of all the pressing matters at hand, most of all where galvanising the nation to defend against the marauding Habashas is paramount, why further divide the nation by fiddling with the Constitution other than pure power grab.

[Che -Guevara]

I am beginning to think something is off about him healthwise. Some of his closest supporters are even puzzled. He was meeting Muse Sudi the other night, I guess to shore up local support.

It's worth noting, that in a place like Somalia where politicians stab each other in the back every day,  HSM is exceptionally versed in the art of betrayal even by Somali standards.

[galbeedi]

I know the issue of the " Badda" is paramount today and it should override all other issues. At the same time, haven't we debated for years about a nation without a real constitution? every president comes and talks about the constitution, yet nothing is done. Farmaajo came and didn't left one single finger to move the issue.

This president, despite his weaknesses and other shortcomings is facing the major issues head on. Goorma ayaa la geli hawshan? after two years just before the election? Both Farmaajo and HSM in his last term neglected this issues. 

Dal bilaa dastuur ah miyaa lagu jirayaa until 2026?

Also, the issue of competing of the president and the prime minister was disaster in the last term of Farmaajo, especially his battle with Rooble. Any Somali with a brain knows that this issue must be addressed. HSM has found a prime minister who is willing to forsake his position for the future. 

I know the rebels, especially guys like Illyria see dictatorship and power grab from every corner, and they still talk about Marxuum Siyaad despite the changing of  time. We need this issue fixed before it is too late. 

 

 

[Che -Guevara]

LOL 

 

[Xaaji Xunjuf]

2 hours ago, Che -Guevara said:

LOL 

 

Ruwayaad bu dhigaya hahaha

[Illyria]

5 hours ago, galbeedi said:

Dal bilaa dastuur ah miyaa lagu jirayaa until 2026?

Could you cite ONE THING the current government could NOT do, and is prevented from doing, because of the Constitution in its current form?

Let me remind you, the Federal government powers:

Article 54, Allocation of Powers, Federal Government Powers:
(a) Foreign Affairs: Why not form a coherent Diplomacy and proficient diplomatic Corps instead of HSM in his one-man-shit-show with his kids still in diapers as his core advisers on all matters foreign?

(b) National Defense: what is preventing it from forming a cohesive National policy with FMSs at its heart? What came of the war campaign HSM started a few months ago? How are Galcad & Xarardheere faring today?

(c) Monetary Policy: what is preventing from instituting Currency instead of US Dollar in circulation as if a colony?

(d) Citizenship & Immigration: Same applies here.
 

Instead, the debate is about:

• Removing Shari'a and replacing it with Xeer (customs & traditions) to grant more powers to Federal laws,
• Abortion,
• Civil partnership,
• Fiddling with presumption of innocence principle,
• Limitations on freedom of enquiry,
• Limitations on political participation

Just to name a few.

Postscript:
Let me further remind you of there being 5 nations with no written Constitution incl. Canada, Saudia, NZ, UK (the originator of the Magna Carta, the foundation for modern Constitutions, and from where J Locke referenced in drafting the 1st Constitution). Societies are governed by contracts, AGREED UPON by ALL its members.

[galbeedi]

51 minutes ago, Illyria said:

• Removing Shari'a and replacing it with Xeer (customs & traditions) to grant more powers to Federal laws,
• Abortion,
• Civil partnership

HSM government is dominated by people with Islamic movement backgrounds  including premier Hamza and minister Ahmed Faqi, and I don't think they will be  pushing abortion and these other socially liberal issues like the western countries. Somalia is a very conservative country and no parliament will be able to pass these kind of legislations as you provided.

The biggest issues within the current constitution isn't about immigration or Sharia law, it is about the dysfunction of the parallels leadership between the premier and the president. In 2022, we were watching at the front seat when Farmaajo and Rooble went almost total war. That incident should never be repeated again in Somalia. President HSM proposed these changes last year months after he took power. In these SOL pages we spent millions of words about finishing the damn constitution and yet, failed politicians are crying foul about this tough changes that must be implemented.

Folks, this country needs a unified leadership. Igal did that in Hargeisa, so was Puntland , yet we are accepting leadership dysfunction in Mogadishu. That is unacceptable. Why Farmaajo refused to touch the constitution for five years?, because he didn't have the guts to confront the major issues. Al-Shabaab, constitution, and other major issues should not be left alone for rainy day, they must be confronted by strong leaders. Leadership isn't about doing the easy things, but confronting the major ugly obstacles of the day to move the country forward.

I agree with you that HSM will be exhausted if he keeps running both foreign policy and other domestic issues by himself if doesn't appoint a credible foreign minister. 

Khayre, Ina Cabdishakur and Shariif could bark as much as they want, but the best move is that they must provide and propose the changes they need to happen or which part of the provisional constitution they want to keep.

[Dhagax-Tuur]

This move is quite simply a power grab. Pure and simple.  Completing unfinished constitution is a smokescreen.  I think there's more to hsm that's hidden than he's showing.  

 

How can you do this without consensus from all parties? I guarantee you, this will be the last push into the abyss this country needed.   The resulting fracture in unity will be the end of Somalia as we know it. I'm being realistic.  

 

But we wait and see. I hope I'm wrong.  

[Che -Guevara]

55 minutes ago, Dhagax-Tuur said:

This move is quite simply a power grab. Pure and simple.  Completing unfinished constitution is a smokescreen.  I think there's more to hsm that's hidden than he's showing.  

 

How can you do this without consensus from all parties? I guarantee you, this will be the last push into the abyss this country needed.   The resulting fracture in unity will be the end of Somalia as we know it. I'm being realistic.  

 

But we wait and see. I hope I'm wrong.  

The fundamental problems facing Somalis will remain the same regardless of how their country or countries will be run. Injustice, extreme poverty, poor leadership, and lack of political space for all will still haunt us.

A young mother was burned to death a couple of weeks ago by her husband. The police and his clan allowed him to escape despite the gravity of the crime. It was only after the massive public pressure that he was 'caught' and brought back to Mogadishu. In a situation like this, I doubt there's any difference in how the various Somali regional governments would approach and dispense justice. There are societal deficiencies that can't be addressed by simply dissolving the country.   

[Qurac&qansax]

Galbeed, i know you you are not doing this for you love of HSM. But let me ask you, can you ask a thief to safeguard gold. The same thing a know non low abiding and constitution abuser can not be trusted to look after it.

HSM, is the worst president to be intrusted to amend the constitution.

Yes, there is need to change our constitution but it is not HSM.

I can assure you, every change he makes, will be changed back, achieving nothing but wasting every ones time.

[galbeedi]

21 minutes ago, Qurac&qansax said:

Yes, there is need to change our constitution but it is not HSM.

Mr. Qurac, Who is going to do it?

I am not fun of HSM, but at least he has guts to confront these major issues. In fact, these changes, especially the part where the prime minister position is eliminated will be appreciated by the next president. It was unanimous among Somalis to fix this parallel powers of the president and the premier. 

I would have gone even further and pass the parliament eliminating the title of the president for regional governments. No sane person would allow a local governor who has a budget of less than $200 million to live like a king. I would demand transparency in their expenses and salaries.I know this president has some bad baggages in terms accountability, but he is the only guy tough enough to face things for the last 15 years.

HSM is bad, so  he can't fix the issue isn't strong argument to stop these reforms. Besides, let these regional chefs do their own reforms in Garoowe or Galmudug.

I had a lengthy to talk to one of the Awdal Xildhibaano, and she told me that these amendments and constitutional changes will pass easily.

 

 

 

[Xaaji Xunjuf]

So what is the big controversy what does ulusow want to change is it two party system presidential system and what is the problem if one goed for a presidential system instead of a parliamentary system.  Somalidu maha qaynuun ku dhaqma eeh xeerka reerka lugu dhaqma most of  the time 

[Illyria]

Here is a summary, penned in haste, for the talking heads:

a)     A Presidential system, with a Vice President, rather than a Parliamentarian system with Premier is being proposed. Political significance: till, and until democratic elections and political parties had been formed and implemented, the current power-sharing system of governance must remain intact. In the event of political parties and elections had been implemented, then and only then would consideration of such a change of system be acceptable. Case in point the entire government is now HSM and his kids.

 

b)     Proposed two party system can only come naturally,  but not stipulated in the Constitution.

 

c)     Article 44, re: Natural resources:

i) Barring eminent domain and Federal designated lands, natural land and resources are reserved for FMSs. Any Federal designated lands must be negotiated between  Fed. gov’t and FMSs. A clear case of usurpation of power.

 

d)     Article 51, re: Elections:

i)       Elections are powers reserved for FMSs, and any attempt to bring said powers under the Fed. govt' are a clear usurpation of power. It must be noted Federal IDs are attached to voting where citizens with State IDs could be barred from voting.  

 

e)     The term 'Sharci' has been removed and intentionally replaced with 'Xeer', the significance herein being:

- To dilute primacy, and traces of Islamic jurisprudence, ordinances, and their precedence.

- Sharci (shuruuc (pl) ) are derived from Shari'a 'Islamic jurisprudence' grounded in, and with its basis in Islam whereas Xeer is derived from customs and traditions, and Sharica. This becomes more evident when one notices the role of Culamaa has been excluded. Case in point Article 13, pS. 17&18, re: abortion where powers are afforded the medical profession, removing consultation with Culamaa; require further explanation.

For instance, Article 17, p. 18:

- Removed are sections (1) & (2):

- section (1) provides every citizen is free to practice own religion.

 

f) Legal terms, which demand strict interpretation had been replaced with loose wordings open to interpretations, giving a great deal of latitude to abuse and misuse. Case in point Article 19, p.19, re: Miranda warning – require further explanation.

 

When legal minds with professional training and experience write contracts, which is what the Constitution is as 'social contract', technical terms with intent and purpose are used, whereas when ordinary people read, or try to interpret such laws, confusion almost always reins, with many concluding said law(s) being contradictory; one hears that often, and for a reason. Case in point, difference between Freedom of enquiry vs freedom of expression. The two concepts are confused, or intentionally transposed, in the proposed amendments. Article 18, pS 18&19,

 

g) Section (3) of said Article, sets limitations where ingenuity in its art form incl. poetic or literary forms, and research had been replaced and confined to 'one's knowledge and creativity'; the new section uses the words 'faaf reeb la'aan', which I think is intended to mean lack of censorship. here, 'Xoriyad aqooneed' does not mean the same as 'si xor ah u soo bandhigo aqoontiisa'; the former speaks to freedom of enquiry and research whereas the latter speaks to one being at liberty to express. A major difference.

- Further, in its simplest form, the new wording gives rise to loopholes to be exploited, where a citizen could be arrested for reciting a poem deemed inflammatory under Article (18), section (3).

 

h) Article 28, re: Marriage:

- section (2) has been added, and it shall open flood gates, for it provides:

- Each person has the right to get married, and form a family through consent and desire, in accordance with Islam, and Federal laws. Now, any laws, which the Federal government passes, which could sanction civil partnership and gay marriage are permissible, and covered under this Article. This is what Sacdiya & Co have been advocating for.

 

i) Article 35, re: Presumption of innocence:

- section (1) removed 'innocence' replacing it with 'not committed a crime';

- It further changed 'till a Court proves guilt verdict' replacing it with 'till a Court sentenced'. In legal terms, this bears significance; requires further explanation.

 

j) Article 20, re: Freedom of congregation and demonstration:

- section (1) had been diluted where it is now contingent upon compliance with Federal laws, and by extension the infamous National Security regulations, pruned from from the military government, a death kneel, and return to the dark days.

 

- section (2) adds a word, which rules out citizens from lodging a complaint to State institution; here, the word 'u gudbiyo - to lodge' has been changed to 'u gudbin karo - could lodge', which in legal terms means worlds apart. In legal proceedings, you could lodge (privilege) does not mean you can lodge (right); the former has the implication of your being advised not to lodge a complaint whereas the latter in its original form granted citizens right, and at will sans potential injury to complainant(s). Freedom of enquiry is at the heart of good governance, and democracy, or else it dies in darkness.

 

k) Article 22, Political participation:

- section (1) has been diluted where citizens' ability to form, participation, and join political parties is now contingent upon Federal regulations; sub-sections (a) & (b) which provided said rights have been scrubbed. In its spirit, the new Article removes Election powers and governance from States, powers granted to States in the original Constitution; another power grab by the Fed. gov't.

 

l) Article 20, Travel and mobility:

- section (2) has been removed as a right to carry a passport, and moved to section (3); in principle, when a section is being separated, it can exclude the right, as Courts could reference section (1), and ignore section (3), which relegates the right to carry a passport to a privilege. Only persons permitted by the government of the day to carry passport could, and a citizen falls foul of the said government, he no longer enjoys the privilege, which must be earned by way allegiance, and/or loyalty. See the danger.

 

- section (3) now makes a requirement for a citizens to have a Federal ID in order to apply for a passport. This is a dangerous requirement, since IDs are State issued, as granted in the original Constitution. Here, a burden is being placed upon the average citizen. Another power grab by the Fed. gov't.

 

m) Article 32, Information Act:

- section (1) enforces the infamous National Security doctrine where citizens can only see what civil servants consider public information, incl. a file on every citizen, esp. elites, dissidents considered political opposition.

 

- section (2), which provides ? has been scrubbed. I'll have to find the original English text to fully comprehend its intent.

 

n) Article 30:

- section (5), which advocated for research and development (R&D) has been scrubbed.

 

o) Chap. 3 re: Land ownership:

- These are a set of Articles, which grant all land ownership and management powers to the Fed. gov't; this is a State matter barring Federally designated lands, which must be agreed upon between the Fed. gov't and FMSs.

 

p) Article 44, re: Natural resources:

- section (1) originally provided natural resources are to be negotiated between the Fed. gov't and FMSs, albeit all powers rest with FMSs; this has been changed to read 'Natural resources are national assets to be exploited ...'. transferring powers from FMSs to the Fed. gov't.

 

- section (2) is new, and creates Fed. Institutions incl. Minerals, water, and petroleum all under the Fed. gov't.

 

q) Article 8, re: Citizenship and Nationality:

- section (2) in the new constitution now draws a distinction between Somali nationals in general, and people of the Federal Republic where in the former it applies to all Somalis whereas the latter is specific to those in the 7, the Federal Republic. Here, the new constitution seeks to define who is Somali, and what constitutes being Somali. It sets a dangerous precedence. In the original constitution, any one born to Somali parents is deemed Somali. The new constitution regards Somalis outside of the 7 non-Somalis, and in turn, this delegitimises Somalis in occupied Somali territories as non-citizens, and by extension said territories non-Somali territories.

 

r) Article 18, re: Freedom of Enquiry:

Freedom of enquiry in ingenuity, research and development (R&D) is critical. Scientific & engineering research and innovations are stalled. And so in freedom of enquiry in political discourse where citizens could question elected civil servants incl. Heads of States.

 

As a concept, freedom of enquiry, as introduced into political discourse by B Spinoza, advanced by J Locke and later furthered by Montesquieu, is at the heart of good governance, and democracy. One of the reasons democracy is a better system of governance than its predecessors incl. monarchic, oligarchic, dictatorship etc, is it has an inherently built-in self-adjusting mechanism, where wrongs by currents leaders can be corrected by later leaders. Case in point, destruction visited upon US institutions, primary examples being State Dept., and DoJ had mostly been corrected, even if the damage could leave lasting consequences.