Somalia’s Federal Constitution Has Been Changed? Reallly?

[xiinfaniin]

Somalia’s Federal Constitution has been hijacked: says gov’t source

29 Apr 29, 2013 - 3:51:08 AM

 

MOGADISHU, Somalia Apr 28 2013 (Garowe Online) – GO has received information that the Provisional Federal Constitution (PFC) circulated to Federal Parliament in September 2012 contains 13 articles and paragraphs that have been altered, removed and added to the PFC agreed upon by the 6 Signatories, Garowe Online reports.



 

Sources in the Puntland government broke the story to GO after an official review on the PFC was carried out by legal experts.

The source told GO, that there are 13 articles that have been “altered, added to or removed from the PFC”, signed by the Roadmap signatories last June.

 

After months of deliberations and meetings with technical committees and independent bodies the Roadmap signatories agreed to a provisional constitution which was adopted by a National Constituent Assembly on August 1st 2012.



 

The Provisional Federal Constitution was then presented to the elected Federal Parliament chaired by Speaker Mohamed Osman Jawari on September 7th 2012. The same copy Speaker Jawari – former chairman of the Independent Federal Constitution Commission that oversaw the drafting of the constitution – presented to the Federal Parliament contains 13 articles that were not agreed on by the Roadmap signatories nor was adopted by the NCA.



 

The source said that he couldn’t provide us the articles in question because the legal experts were still reviewing the PFC and would release a report on their findings shortly. However, he did state that there were 4 paragraphs, articles and annexes that were removed, 4 articles and paragraphs changed or altered and 5 articles and paragraphs that were added to the original PFC.

 



GO obtained both copies of the PFC and found 2 articles that were changed. Article 9 states, “The status of the capital city of Somalia shall be determined in the constitutional review process, and the two houses of the Somali Federal Parliament shall enact a special law with regards to this issue.” The PFC submitted to Parliamentarians in September 2012 has this addition before the clause: “The capital city of the Federal Republic of Somalia is Mogadishu”.

 

Also Article 199 that discusses the amount of petition signatures that could initiate the amendment of the constitution was also altered from 440,000 to 40,000.

 



According to government sources the addition, removals and alterations could have serious repercussions.

 



“If the Somali Provisional Federal Constitution that was agreed on by hundreds of Somalis has been hijacked, this is a serious offense and bears similarities to treason,” said the government source, who chose to speak on anonymity.

Former State Minister for Constitutional Affairs and current MP Abdirahman Hoosh Jibril accused Speaker Jawari in November 2012 of violating the PFC.


 

Read: Somalia: Federal MP accuses Speaker of 'violating constitution'

 



The source told GO, that it is unclear who or when the PFC was altered however copies from September and that are still in print and copies uploaded on many websites including the UNPOS website will have to be reviewed.



According to local sources, Somali Federal Government (SFG) President Hassan Sheikh Mohamud and Puntland President Abdirahman Mohamed Farole discussed the PFC during their meetings on Sunday.



[xiinfaniin]

I knew Oba's ilk would loot anything, but this is a ground breaking thievery :D

 

Waryaaya sidee dal ku noqonaynaa haddaad distoorka xaddaan ?

[Alpha Blondy]

is the same constitution that was written by an INGO?

[xiinfaniin]

UNIPOS facilitated it but it was written by Somalis for Somalia's political stakeholders then to end the transition

[Waranle_Warrior]

Xiinow, Faroole also blew the whistle on this; and funnily President Culusow accepted responsibility

 

Walle, Faroole waa nin rag ah.

[Alpha Blondy]

xiinfaniin;944367 wrote:

UNIPOS facilitated it but it was written by Somalis for Somalia's political stakeholders then to end the transition

saas miyaa, inaar? :confused:

 

actually, the International Development Law Organization (IDLO) was tasked solely with drafting this jacbur-like..... so-called constitution. i think one of the big heavy-weight of SOL political section was in charge of the process. don't ask me who, laakin.

[Waranle_Warrior]

^That was me, and soon we will undertake the new constitution of Somaliland after the recognition

[xiinfaniin]

you were too young to remember how the constitution was drafted Alpha

 

Bur seriously the constitution should not be changed until there is a referendum to ratify it...

[NGONGE]

The Provisional Federal Constitution was then presented to the elected Federal Parliament chaired by Speaker Mohamed Osman Jawari on September 7th 2012. The same copy Speaker Jawari – former chairman of the Independent Federal Constitution Commission that oversaw the drafting of the constitution – presented to the Federal Parliament contains 13 articles that were not agreed on by the Roadmap signatories nor was adopted by the NCA.



Was everyone sleeping when this took place? And WHY NOW? :D

[Alpha Blondy]

Waranle_Warrior;944374 wrote:

^That was me, and soon we will undertake the new constitution of Somaliland after the recognition

you're allowed adigo, inaar. we'll even make you state minister for qoyska iyo arrimaha bulshaada ministry.....after your reform plans are approved, ratified and incorporated into the SL Constitution..

 

this Xinny, laakin is pathetic. why does he always use the 'age argument' against me..... :mad:

 

p.s - its no wonder, i don't post on this section anymore.........because of xinny and his ilk......ee sida uula socod. :mad:

[xiinfaniin]

NGONGE,

 

I don't know. But feeds from Garoowe indicate that the president agreed with Puntland's concern and their will be committee to restore the constitution

[NGONGE]

^^ It sounds like the Imam was keeping that ace under his sleeve and was going to use it as the nuclear option.

[xiinfaniin]

^^May be

 

But it is an embarrassment for Hassan Sheekh not to notice it (of course Jawaari will bear the ultimate responsibility) , and if he knew it, it is even worse ninyahow

[Xaaji Xunjuf]

^^ Jawaari is touring Turkey