Hiiraan Online

by Fakarudin Mohamed
Sunday, March 03, 2013

Somalia finally got a permanent constitution and governing bodies after, over two decades of war and a series of reconciliation efforts. Somalia is ready to take serious steps towards peace and undergo an economic rejuvenation but the political turbulence regarding federalism in Somalia does not seem to be fading. At this stage, turning back from the concept of federalism is not possible, so it is essential that a realistic political compromise be arrived at by all political forces, so that Somali polity and society does not get further splintered.

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Tribalism have been identified by many before me as the single most contributor of the Somali destruction, and it is also tribalism that is now threating the establishment of effective governance in Somalia in a way of some wanting

Federalism in Somalia:

Federalism is a new thing in Somalia and some see it as a harmful to the unity of the country. But, the structure of federal government with its system of checks and balances have been used to better deal with societies with many diverse issues such as Somalia and to give such societies a sense of their own autonomy within a united structure.

Clan-based federalism:

In a clan-based federalism there will always be a single dominant clan marginalizing other less gained clans, creating competing ethnic pulls and pressures in a festering and broken polity as has been prevalent in Somalia for quite some time; might as well undermine administrative coherence and effectiveness as well as the unity of the country. Apparently, clan-based federalism appears attractive to some even though tribalism is one of the major factors of the destruction of Somali, it is the reason of why so many have die over 22 years and millions are living in refugee camps in other countries.

Sociocultural federalism:

Sociocultural federalism is shared by a group of people or society that shares immediate physical and social setting in which people live rather than clan relation. Sociocultural federalism is the only federal system which reconciles the pressures of diversity and for unity. If a federal system is to work in Somalia this is the only federal system that will work as sociocultural federalism is the only federal systems that worked at many countries such as India, Pakistan, and many others to achieve unity and integrity, in places that have many diverse societies. Sociocultural federalism has solved Asia’s diversity and conflicts, which was more complicated than Somalia.

Solution:

To resolve the issue of federalism, tribalism must be deal with, at least at the level of federal state building. The Greeks, the Arabs, recently the United States, and many other nations have dealt tribalism/racism through Law. Among many other things which these nations have done, the most fundamental part was when certain individuals representing the society came together and wrote certain agreed rules. They then elected or selected governing bodies one which enforces these set of agreed rules, one that interprets, one that amends or adds new articles or clauses to the agreement (the constitution) as it is necessary.

Somalia has agreed set of rules (Constitution) and also has selected governing bodies to enforce, apply, interpret, these sets of agreed rules (the constitution). So, it only makes sense the creation of federal states must be within the framework of the constitution rather than the strength of a warlord’s army or the strength of a single clan marginalizing other less gained clans.

Conclusion:

Somalia is at cross roads, it is aspiring to become a nation of laws, and the supreme law that will guide Somalia in this regard ought to be the Federal Constitution of Somalia. Once again tribalism is threating the establishment of effective governance in Somalia in a way of clan-based federalism rather than sociocultural federalism which is the only federal system that can reconcile the pressures of diversity and for unity.

The survival of the Somali government and its effectiveness relies on the strength of its capacity and capability to obey and apply the constitution and President Hassan Sheikh’s six-pillar policy.