How Puntland’s 2012 Constitution Undermines Its Autonomy Claims

[Deeq A.]

President Deni cites specific articles of the Puntland Constitution to assert its primacy over the Federal Constitution.

Garowe (PP Editorial) — In January 2023, Puntland State of Somalia published a position paper announcing its intention to sever ties with the Federal Government of Somalia. This paper has since proven to be a significant political liability for Puntland, as the Federal Government has used arguments contained in it to counter Puntland’s claims.

In the position paper, Puntland asserts the primacy of its Puntland State Constitution over the Federal Constitution. The Puntland Government referred to its Constitution, ratified in April 2012, five months prior to the formation of a non-transitional federal government of Somalia, to support its stance. It invoked article four of its constitution to frame its arguments against the Federal Government: “The powers that Puntland State shall cede to the Federal Government of Somalia and those that will be preserved shall be determined through negotiation between the Federal Government of Somalia and Puntland State and shall be set out in the Federal Constitution of Somalia and the Puntland State Constitution.”

The Interior Minister of Puntland State, Abdi Farah Said (Juha): “It was wrong to end the transition period of the Federal Government of Somalia in 2012.” From left to right: The late Augustine P. Mahiga (SRSG), Abdiweli M. Ali (former Prime Minister of Somalia), Sharif Hassan Sheikh Aden (former Speaker of Parliament), and Abdirahman Farole (former President of Puntland).

At the time of the 2012 ratification, the Galmudug administration, then based in Galkacyo, and Ahlu Sunna Wal Jama’a represented what is now Galmudug State in the negotiations to end the federal transitional phase. Jubaland, Southwest State, Hirshabelle and Sool, Sanaag, Cayn and Khatumo had yet to be established. Puntland’s Constitution includes provisions that it interprets as overriding certain articles of the Federal Constitution during the transitional period. However, the conclusion of the transition granted the Federal Government of Somalia sovereign authority over foreign relations and agreements with international companies.

The 2023 audit report, in Somali, is available on the website of the Office of the Puntland Auditor General.

In the post-transition period, Federal Member States are expected to cooperate with the recommendations of the Financial Governance Committee (FGC), particularly on matters relating to fiscal federalism, equitable resource distribution and the transparent management of natural resources. The revenue generated by Puntland from fishing licences issued to foreign companies remains undisclosed. As of now, only the 2023 audit report, in Somali, is available on the website of the Office of the Puntland Auditor General.

In the position paper, Puntland asserts the primacy of its Puntland State Constitution over the Federal Constitution.

Last week,  the Interior Minister of Puntland State, Abdi Farah Said (Juha), contended that “it was wrong  to end the transition period of the Federal Government of Somalia in 2012”. Puntland alone was pushing for the end of the transition without adequately consulting its stakeholders. At the time, Abdiweli Mohamed Ali, who later served as Puntland President (2014–2019), was the Prime Minister of Somalia, while Abdirahman Farole was the President of Puntland under whose leadership the contested Puntland Constitution was amended and ratified.           

© Puntland Post, 2025

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