Puntland withdraws recognition of Somali Federal Government
The Somali member state of Puntland has withdrawn its recognition of the Central Government and President after constitutional changes.
The Federal Member State of Puntland has withdrawn recognition of the Somali Federal Government and President Hassan Sheikh Mohamud. This decision came after the Parliament adopted a change to the provisional constitution, under which he and the Government were originally elected.
Notably, not all of the Federal Member States have been involved in the talks leading up to the Constitution change, consequently, the Government of Puntland has declared this change as a breach of the existing constitution, specifically citing Article 1, Paragraph 2 from Chapter 1 of the 2012 Provisional Somali Constitution which states:
SOMALI CONSTITUTION, CHAPTER 1: DECLARATION OF THE FEDERAL REPUBLIC OF SOMALIA, Article 1, Paragraph 2:
After Allah the Almighty, all power is vested in the public and can only be exercised in accordance with the Constitution and the law and through the relevant institutions. It is prohibited for a person or a section of the public to claim the sovereignty of the Federal Republic of Somalia, or to use it for their personal interest.
The Government of Puntland contends that Somalia’s parliament does not have the authority to create and implement a new constitution. Therefore, they have announced their refusal to accept or adhere to these changes within the State of Puntland.
What are the changes?
This initial set of changes to the Constitution addresses several key issues, with further revisions planned for the future. Some of the primary alterations include:
Democratic reforms
Currently, Somalia employs a clan-based voting system, ranking among the bottom 5 African countries in the V-Dem Democracy Index. Due to ongoing insurgencies, direct voting for every citizen is not currently feasible. Instead, the electoral process involves an "electoral college" system, where 14,000 delegates, selected by 135 Clan Elders in consultation with sub-clan Elders, vote for candidates for each of the 275 seats.
The new constitution proposes significant reforms, such as introducing direct voting for the President, implementing three political parties, extending the presidential term to five years (up from four), and reducing the powers of the Prime Minister.
Future changes will cover:
Article 13. The Right to Life
Article 16. Freedom of Association
Article 28. Family Care
Article 29. Children
Article 29. Children
One particularly contentious change involves the definition of a child. While the 2012 constitution defined a child as anyone under the age of 18, the newly accepted amendment alters the definition stating that a child:
“refers to a person under the age of 15 years of maturity while the age of responsibility is 18 years, as defined in the law of the Federal Republic of Somalia.”
Human Rights Watch (HRW) has criticized this alteration, stating it contradicts Somalia's obligations under the United Nations Convention on the Rights of the Child, potentially exacerbating issues like child marriage, which is already prevalent in the region.
According to The Somali Health and Demographic Survey, 36% of women aged 20-24 were married before 18, compared to only 6% of men.
Historical context
Many recognize Somalia as a nation embroiled in turmoil, often branded a failed state.
Before World War II, the territory now encompassing Somalia was under British and Italian control, divided into the British Somaliland Protectorate (modern-day Somaliland) and Italian Somaliland. Post-war, the Italian holdings were temporarily administered by the British before returning to Italian control. In 1960, the Somali Republic emerged, unifying Italian and British Somaliland.
The new Democratic Republic endured for only nine years before a coup ousted the administration, establishing a Revolutionary council. In the late 1970s, the council sought to unite with the Ogaden region of eastern Ethiopia, home to ethnic Somalis, in a move that proved futile and placed immense strain on Somalia's economy and military, rendering the nation vulnerable.
Following the failed Ogaden War, dissatisfaction with the government grew, leading to increased authoritarianism to maintain control. In 1988, the Isaaq clan in Somaliland revolted against the Somali state, prompting a harsh government crackdown. This crackdown, coupled with discontent among other clans and warlords, culminated in the collapse of the state and the onset of factional warfare. In 1991, shortly after the removal of the President, Somaliland declared itself an independent republic. However, it awaits formal recognition from UN member states, as it is still internationally considered part of Somalia.
Adjacent to Somaliland, Puntland is a Federal Member State of Somalia. In 1998, following years of civil war in Somalia, Puntland declared autonomy from the Somali state, though it stopped short of seeking full independence as Somaliland had done seven years earlier. Puntland's constitution includes provisions allowing it to function as a complete, independent government in the absence of a legitimate national constitution.
Since the late 1980s, Somalia has grappled with internal conflict. In recent years, the lack of a central government has enabled jihadist groups like Al-Shabab (linked with Al-Qaeda) and the Islamic State Somalia Province to thrive. Thankfully, Puntland and Somaliland have largely been spared from these insurgencies, which have primarily afflicted southern states.