Halkan ka akhri masiirkii iyo dastuurkii dalka oo loo tashaday,isla markaana Jawaari iyo Xasan Sheekh kaligood magaalada Muqdisho ku bedelayaan,iyadoo aan wax talo iyo war gelin midna aan la siin maamulada iyo shacbiga soomaliyeed siiba Puntland iyo Jubbaland.
Dawalad goboleedada Puntland iyo Jubbaland ayaan iyagu laheyn barnaamij iyo aragti cilmeysan,isla markaana aan weli sameysan gudiyo iyo hayado iyaga u gaar ah oo soo bandhiga,isla markaana beesha caalamka u gudbiya argtidooda siyaasadeed iyo mida sharci ee loo marayo dibu eegista Dastuurka dalka.
Waxay sugaan waa FAD AMA HA FADINTII Xasan Sheekh
FiiriQoraalkaan hoose Shirqoolka Jawaari iyo Xasan Sheekh
On 15 September, UNDP and UNSOM PAMG attended a meeting on the constitutional review process. Convened and chaired by the Speaker of the Federal Parliament, the meeting gathered UNDP UNSOM, and members of the Oversight Committee. The Independent Constitutional Review and Implementation Commission (ICRIC) and the Minister of Constitutional Affairs were invited but did not participate.
Opening the meeting, the Speaker acknowledged that the constitutional review process had been advancing at the slow pace, as it had been previously observed by a number of donors, in several instances. In order to expedite the review exercise, the Speaker presented a comprehensive proposition to reshape the overall process in a realistic and result-oriented manner.
Considering the tremendous task still ahead and the limited timeframe until the end of the first term of the Somali Federal Parliament, the constitutional review process as envisaged by the Provisional Constitution PC would need to be adjusted. As observed by the Speaker, it would be unrealistic to undertake a complete or final review of the provisional constitution before August 2016 and therefore a prioritization exercise seems to be necessary.
According to the Speaker’s proposition, the review will be framed by the Resolution of Parliament of 27 July 2015 (attached), which distinguishes the issues for review into four categories, namely:
a) Articles of the Provisional Constitution that require technical review and thus do not necessarily require extensive political dialogue and negotiations;
b) Existing gaps in the current Provisional Constitution;
c) Political issues, which ideally should be addressed and resolved before the end of the current term of the House of the People of the Somali Federal Parliament
d) Considering the time constraints, there might be matters that are not urgent or matters that require extensive political dialogue and negotiations and could possibly postponed.
The overall process would end on March 2016. It would encompass three main phases, namely:
1) Preparation of draft amendments and possible options by the end of December 2015;
2) Substantive consultations (regional level) during January and February 2016;
3) Approval by the Parliament by the end of March 2016.
Furthermore, the Speaker’s proposition foresees the establishment of three groups, namely:
a) Technical Expert Support Group (Oversight Committee and ICRIC Experts/Consultants. Convener: Office of the Speaker).
The Group would be responsible for: a) Considering parliamentary resolutions on the Provisional Constitution review; b) Preparing options and draft Amendments to the PC.
b) General Civic Education Group (MoCA, ICRIC and implementing partners; convener: MoCA). The Group would be responsible for a) Drafting a general civic education activity plan; b) Conducting civic education campaign.
c) Political Outreach Group (OC, MPs and MoCA; convener: Officer of the Speaker).
The Group would be responsible for a) Preparing a political outreach framework and plan as well as for b) Conducting political outreach activities on the constitutional review process.
The three mentioned groups will meet on a bi-weekly basis. A secretariat may also be established in support of the three groups.
Draft amendments and possible options would be discussed during substantive consultations and political dialogue at the regional level from January to March 2016.
A second phase of civic education would follow. As per suggestion of the Speaker’s Advisor, the Civic Education Group may consider referring to the 2012 UNDP civic education plan, which could be used as a model.
The substantive development of the content should remain the exclusive work for OC and ICRIC, whereas the political dialogue / consultations at regional level may be coordinated by MoCA.
Questioned about the use of languages, the Speaker clarified that the revised Constitution would be drafted in Somali language and eventually translated into Arabic and English.
When praising the initiative to convene the meeting, UNDP voiced the international community’s concerns regarding the slow advancement of the review process and confirmed UN full support. UNDP confirmed availability of funds to back the activities of the proposed groups. A provisional list of constitutional experts, who may be deployed on an ad hoc basis, is also available for cross-checking and possible updates. Two key issues were also raised, and namely with regard to the scope of the review (should the scope be too broad, it would not realistic considering the limited timeframe, by March 2016) as well as to the need that the constitutional review exercise considers the outcome of the upcoming electoral consultative process. And furthermore, how to “reanimate” the ICRIC?
When commending the Speaker’s initiative, UNSOM stressed the need to ensure inclusivity in each and any phase of the process as well as to clearly define roles, responsibilities and terms of references for the proposed three working groups. Overlapping and lack of coordination may further challenge the smooth running of the process.