Sharif Sh. Ahmed Vs Sharif Sh. Hassan

Dr. Abdi Mohamed Ulusso
Thursday, October 28, 2010

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The political stalemate and the conflict between the President and the Speaker have its root cause in the draft constitution. The speaker, former prime minister and some of their allies in the cabinet and parliament attended a retreat ( i.e., Election Needs and Assessment Retreat at Safari Park Hotel, Nairobi, Kenya, 29-30 July 2010) organized by UNDP Somalia UNPOS and United Nations Electoral Assistance Department. The intention of the retreat was to discuss and explore with United Nation’s officials the way forward towards a democratic and permanent government in Somalia. First, it was strange the speaker and the prime minister to attend together a seminar. Second, it was a lie when they both claimed that falsely to represent the parliament and the cabinet, since there was no record of parliament and cabinet approval of the workshop. Third, the President, the parliament and the cabinet were kept in the dark but it turned out to be their own initiative in order to scuttle ratification of the draft constitution by a popular referendum and direct democratic representation of the Somali people to enter the political system through the back door.

Nevertheless, the speaker and former prime minister wrote letters on August 10, 2010 Manager Governance Program and United Nations Electoral Assessment Division respectively suggesting (i.e., prior to the completion of the TFG's mandate in August 20, 2010) the following: to ratify the draft constitution without popular referendum as mandated by the Transitional Federal Charter and indirect means of selection of Members of Parliament for the next Administration instead of direct electoral process of Somali representatives. Surprisingly, these undemocratic and unconstitutional changes were already incorporated in the draft constitution released by the independent federal commission on July 30, 2010, making the document a tailor-made for their political ambitions and clearly shows the commission’s failure to separate politics from the draft making.

The speaker and the former prime minister on August 30, 2010 circulated a petition among the members of parliament to impeach the President, accusing him the lack of security in the country, the rampant corruption and the lack of good governance and leadership. However, most importantly was when they accused the President for interfering with the work of the independent federal commission and the preparation of the draft constitution in order to circumvent the nature process of presenting it to the parliament and then to a popular referendum. Also, the speaker and former prime minister accused the President of derailing the constitution making process and entrusting it to foreign agencies which is unacceptable to the country and its people. Are These dates ( i.e., letters written on August 10, 2010, circulation of the petition on August 30, 2010 and release of the draft constitution on July 30, 2010) connected or just a coincidence? Thus, the President and the Members of Parliament were not amused and the President was forced to ask the resignation of the former prime minister even though at first he resisted expecting the speaker would save him. As a result, contrary to claims he was forced out of office and didn't resign gracefully. For instance, the speaker and the prime minister have changed the Somali passport without the approval of a cabinet or the parliament and the Ministry of Foreign Affairs were kept in the dark unless Ali Ahmed Jama "jengeli" participated in this treason. Now, there is confusion and all passport holders are wondering what to do since cann't get a visa from any embassy. This is because they have changed the logo, added Somali Map and printed on a low quality paper making fussy the picture and also difficult for the machine to read it.

Why, Sharif Hassan insists the vote to be in a secret ballot rather then raising hands for the President’s choice for the Prime Minister? I am sure, Sharif Hassan is a very clear mind on the issue as, and any Speaker should but believes that he his untouchable and that he does not answer to the rule of law like the rest of us. Obviously, he counting on the support of Abdirahim Abdishakur, Abdirahman Aden Ibbi, Abdirashid Iro, Ali Ahmed Jama ‘Jengeli” and Osman Jurile, who were involved like him the Somalia-Kenya MOU, Somalia-Djibouti MOU and Somalia-Yemen MOU; all MOU’s are in violation of Somalia’s territorial waters. Plus, he is counting on the support of some misguided Members of Parliament from Puntland, who strongly believe that, the Premiership is theirs but afraid of a backlash if the voted against the Prime Minister designate openly and prefer a secret ballot. Also, the speaker and former prime chose Puntland to be the future venue to host the ratification of the draft constitution and selection of Members of Parliament for the next Somali administration. It is also reported that Puntland supports Sharif Hassan’s position and opposes the President’s appointee for the position of Prime Minister, even though it publicly supported. Accordingly, the Independent Federal Commission has been very generous in the draft constitution for Puntland unlike the Transitional Federal Charter and puts it with the same level as “Somaliland” in regards to its political, economic and social development which is far from reality.

Nevertheless, Sharif Hassan’s call for the international players to intervene on his behalf on how to vote the President’s appointee is unwarranted and it is beyond the call of his duty and should be dismissed “useless”. Of course, Sharif Hassan believes that the national institutions belong to him for his patronage and being the leader of a forum in the country for making quick money. No, wonder Somalia thanks to Sharif Hassan ranks the most corrupt country in the world out of the 174 countries investigated by the tranparency international. Regrettably, though he thinks that the international players are in his pocket but misses the point that it is as of little interest to them in this local battle. In my view, The law is clear on the voting procedure as a day and night, even to a street layman, so I call upon the Somali Parliament to put pressure on the speaker to cease polarizing the debate over the appointee and the parliament should immediately approve it. In case, that the speaker continues to be an obstacle the President should ask the Supreme Court to strip him off his immunity and the Parliament should impeach him while giving the go-ahead the new Prime Minister with or without the blessing of the disgruntled speaker.

Finally, the country needs to move away from this predicament of transitional system of government to a more permanent system of government since the fall of Siad Barre but the we must understand as Somalis and as well as the international players that, the transitional period for the Transitional Federal Government to achieve its mandate and there is no reason to fast track a constitution that is at the bottom of the priority list for the Country. This logic and reality say that (the constitution be delayed) but we must achieve the transitional tasks of reconciliation, peace and security, law and order, federal system, establishment of regional states, demarcation of borders and talks with the breakaway regions of North-West and Togdheer regions aka “Somaliland” in the framework of single and sovereign Somali state. Without, the resolution of these issues before the constitution making , which is not an end itself will further deteriorate any peace, stability and security in the country and open the door to more foreign meddling and strife. Nevertheless, if the international players insist on the continuation of constitution making as a priority it will mean as an instrument of control over Somali politics by flaunting the constitution for Somalia when the country still remains divided into enclaves and this is unacceptable.

Dr. Abdi Mohamed Ulusso
E-mail: [email protected]

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