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Home ANALYSES

Hassan Sheikh and His Constitutional Gambit in Somalia

The Editorial Team by The Editorial Team
March 24, 2024
in ANALYSES, EDITORIAL, Somalia Politics News, Top Stories
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Mogadishu, SOMALIA – President Hassan Sheikh Mohamud’s recent efforts to amend Somalia’s constitution have raised eyebrows and sparked concerns among political observers. While the President claims to be working towards “completing the constitution,” a closer examination of his actions suggests that this constitutional reform process may be nothing more than a ploy to extend his term beyond the mandated end date of May 15, 2026. The exclusion of key political stakeholders, particularly Federal Member States (FMSs) such as Puntland and Somaliland, from the reform process has further fueled suspicions about the President’s true intentions.

During a Friday’s speech at the Villa Somalia mosque, President Hassan Sheikh assured the public that he would not seek to extend his term by even a single day. However, his past actions paint a different picture. In September 2014, during his first term, the President promised Parliament there would be no extension in 2016 and that no official would come in through selection. Despite these assurances, officials delayed the elections by six months and selected the MPs rather than electing them. This discrepancy between the President’s words and actions raises serious doubts about the sincerity of his current promises regarding timely direct elections.

The intentional exclusion of certain FMSs from the constitutional reform process is perhaps the most alarming aspect of the President’s approach. The constitution clearly mandates the inclusion and consultation of all FMSs in matters of such national importance. While the complex issue of Somaliland’s status may justify a delay in their involvement, there is no valid reason for the President to refuse to engage Puntland in this critical process. This blatant disregard for constitutional requirements suggests that the President may be more interested in pushing through amendments that serve his own interests rather than those of the Somali people.

Questions Around Constitutional Implementation

Moreover, if President Hassan Sheikh is truly committed to “completing the constitution,” as he so often claims, it is puzzling that he has not prioritized the implementation of the existing constitution. The absence of constitutionally mandated institutions, such as the Judicial Service Commission (JSC) and the Constitutional Court, undermines the credibility of his purported dedication to constitutional reform. These institutions are crucial for ensuring the proper functioning of the government and the protection of citizens’ rights. Instead of addressing these gaps, the President has gone so far as to dismantle existing constitutional instruments, such as the Anticorruption Commission, on technicalities that could have been easily resolved. This selective application of constitutional principles raises further questions about the President’s commitment to genuine reform.

The potential consequences of President Hassan Sheikh’s actions are deeply concerning. By pushing through controversial amendments without the consensus of all stakeholders, he is setting the stage for a constitutional crisis when his term is set to end on May 16, 2026. The likely outcome of such a crisis would be a period of prolonged negotiations and talks among the stakeholders, which would inevitably lead to a delay in the elections. This manufactured chaos could easily allow the President to extend his term illegally by at least ten months or more, as discussions would waste months, followed by the organization of indirect elections.

Political Instability and Al-Shabab’s Influence

The implications of such a scenario extend far beyond the political realm. Somalia’s security situation, already precarious, would undoubtedly deteriorate during this period of uncertainty. Historically, election seasons have seen a reduction in operations against Al-Shabab, allowing the terrorist group to expand its power and influence. An extended period of political turmoil would provide an ideal environment for Al-Shabab to further destabilize the country, jeopardizing the hard-fought gains made in recent years.

It is crucial that the international community recognizes the gravity of the situation and takes action to prevent President Hassan Sheikh from leading Somalia down a path of unconstitutional governance. If the international community truly values the investments they have made in Somalia’s stability and development, they must not turn a blind eye to the President’s actions. Instead, they should exert pressure on him to engage in a transparent and inclusive constitutional reform process that involves all stakeholders, including the FMSs.

The way forward is clear: President Hassan Sheikh must abandon his attempts to force controversial amendments through parliament without the consensus of all stakeholders. He must prioritize the implementation of the existing constitution and the establishment of the necessary constitutional institutions. Most importantly, he must demonstrate a genuine commitment to timely, free, and fair direct elections, as mandated by the constitution. Failure to do so will not only erode trust in his leadership but also risk unraveling the fragile progress Somalia has made in recent years.

In conclusion, President Hassan Sheikh Mohamud’s constitutional reform process appears to be a calculated attempt to extend his term beyond the legal limit. By excluding key stakeholders and disregarding constitutional requirements, the President is setting the stage for a crisis that could have far-reaching consequences for Somalia’s political stability and security. It is imperative that the international community and Somali citizens hold the President accountable for his actions and demand a transparent, inclusive, and constitutional approach to reform. Only by adhering to the principles of democratic governance can Somalia hope to build a stable and prosperous future for its people.

Tags: al-ShabaabAl-ShababConstitutionFederal Government of SomaliaHassan Sheikh MohamudSomali NewsSomali News in EnglishSomaliaSomalia constitutional amendmentSomalia NewsThe Somali Digest
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