How should the Somali Constitution look like? Here are some proposals

[Steamdevolopment]

Three proposals to the final Somali constitution by the Heritage Instutite:

1)
The oversight Commitee proposed a 24/7 formula.This means the federal government‟s responsibilities are in 24 critical areas whereas regions are entrusted with seven. We consider this recommendation sensible and urge Somalia‟s political class and civil society
leaders to start discussions, genuinely negotiate and reach agreement on the Oversight
Committee‟s recommendations.


2)
A stable, transparent, accountable and legitimate executive branch of government is imperative. The divided executive system has not functioned effectively and efficiently in Somalia since 2000. The proposed move to a popularly elected presidential system by the
Oversight Committee would end the paralysis of the decision making of the
government.


3)
Bicameral legislatures are meant to reflect the cleavages and identities within society. In the case of Somalia, individual citizens and clan identity are the two main cleavages that the political system should accommodate. For economic and political factors, an inclusive unicameral legislature would be the preferred option for Somalia. However, the political class has established two chambers. We think the lower house should represent the
citizens. By 2020, political parties should compete for the 275 seats in a single national district and be elected through proportional representation.

4)
The second chamber that has been established represents major clans of the federal member states. Procedurally, there are two processes. In terms of
representation, as the Somaliland experience shows, we support the idea that senators represent clans. However, we call for Banaadiri clans to be
accommodated in the process.


What does Somalispot think about these proposals?

 

[Assata]

Clan representation is too outdated and divisive. Regional representation is much more effective and much more unifying compared to clan representation. There is no way on earth you could have chamber represent individual citizens and have the other chamber represent clans. It would be very hard to make them work with each other if they're in direct opposition to each other. There should be checks and balances for the legislative and executive branches. And the police force should definitely be independent from either of the two branches. And making sure every single person serving the government is not above the law is probably the most important ideal to have. We do need transparency and accountability from government officials.

 

[Steamdevolopment]

Clan representation is too outdated and divisive. Regional representation is much more effective and much more unifying compared to clan representation. There is no way on earth you could have chamber represent individual citizens and have the other chamber represent clans. It would be very hard to make them work with each other if they're in direct opposition to each other. There should be checks and balances for the legislative and executive branches. And the police force should definitely be independent from either of the two branches. And making sure every single person serving the government is not above the law is probably the most important ideal to have. We do need transparency and accountability from government officials.

It is not outdated but a reality on the ground and for the foreseeable future we must accommodate elderly from all clans, because the regional representation which was implemented with the current election failed to represent the minority clans and therefore an upper-house of elders does make sense.

It is supposed to mirror the house of lord or an "wise elder role", which seems to have eased tension in Somaliland. It should have fewer powers than the House of the People, which shall have the power to overturn it with a given threshold. It can alleviate the immediate tensions and in the future, we might either abolish the upper-house or modernize it to look like the US but for now it does make sense to make clan-based to ensure representation.

 

[CorpseBride]

First amendment.

Only a person descended from our forefather Irir Samaale has a right to inhabitant, participate, live and own land in this country. As this country is only for its native habitants.

A non person not decend from Irir Samaale has no rights but has obligations to serve this country. Ameeen.

Second amendment.

Feminism is the key to solving Somalias problem. The future is indeed Female.

Every house must possess a female statue of fertility. It is recommended to pray to it.

 

[Steamdevolopment]

First amendment.

Only a person descended from our forefather Irir Samaale has a right to inhabitant, participate, live and own land in this country. As this country is only for its native habitants.

A non person not decend from Irir Samaale has no rights but has obligations to serve this country. Ameeen.

Second amendment.

Feminism is the key to solving Somalias problem. The future is indeed Female.

Every house must possess a female statue of fertility. It is recommended to pray to it.

Third amendment:
Any man who is less than 9/10 shall be castrated

Fourth amendment:
Males have to pay additional 40 % saqajaan tax

Fifth amendment:
Experimentation on male subjects require no prior approval including torture. Organ-farming of males is to be supported by the state.

Sixth amendment:
Each woman shall own at least 4 men for recreational use and 4 additional men for public usage.

Seventh amendment:
Any person with a fallos under 10 inches is to be considered feral and is legal to hunt.

I can live with this

 

[Galaeri]

First amendment.

Only a person descended from our forefather Irir Samaale has a right to inhabitant, participate, live and own land in this country. As this country is only for its native habitants.

A non person not decend from Irir Samaale has no rights but has obligations to serve this country. Ameeen.

Second amendment.

Feminism is the key to solving Somalias problem. The future is indeed Female.

Every house must possess a female statue of fertility. It is recommended to pray to it.

Spoiler

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[CorpseBride]

Spoiler

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Ladies and gentlemen what you see above is the response of a triggered .

 

[Galaeri]

Ladies and gentlemen what you see above is the response of a triggered .

I put it in spoilers since it is borderline hate speech.

It is the truth unfortunately

 

[Steamdevolopment]

I put it in spoilers since it is borderline hate speech.

It is the truth unfortunately

I don't think anyone can deny that we as a people were MUCH better off under Siad Barre than the rafaad we are under now.

It is like Iraq but we did it to ourselves



Now the question is where do we go from here. Have you read the constitution and what do you think of these proposals?

 

[CorpseBride]

Lmao better under Siad. What a joke. If that was the case then 3 of the big clans would not have rebelled and fought him.

 

[CorpseBride]

I put it in spoilers since it is borderline hate speech.

It is the truth unfortunately

No it's the response of raped Majarteen fighting for his rapist.

 

[Steamdevolopment]

Lmao better under Siad. What a joke. If that was the case then 3 of the big clans would not have rebelled and fought him.

The three big clans were seeking power for themselves and failed understanding the fragile balance that held the state together: A strong leader

Now we have chaos and famine 7 million out of 10 is having death knocking on their door, and you pretend we are better. Shameful!

Anyways, the focus here is the CONSTITUTION, which we don't have. What is your meaningful input?

 

[CorpseBride]

The three big clans were seeking power for themselves and failed understanding the fragile balance that held the state together: A strong leader

Now we have chaos and famine 7 million out of 10 is having death knocking on their door, and you pretend we are better. Shameful!

Those clans were fighting for their rightful representation.

 

[maestro]

Third amendment:
Any man who is less than 9/10 shall be castrated

Fourth amendment:
Males have to pay additional 40 % saqajaan tax

Fifth amendment:
Experimentation on male subjects require no prior approval including torture. Organ-farming of males is to be supported by the state.

Sixth amendment:
Each woman shall own at least 4 men for recreational use and 4 additional men for public usage.

Seventh amendment:
Any person with a fallos under 10 inches is to be considered feral and is legal to hunt.

I can live with this

Are you female? I've wondered that many times with some of your posts

 

[Steamdevolopment]

Are you female? I've wondered that many times with some of your posts

 

[Bahal]

Ladies and gentlemen what you see above is the response of a triggered .

Loling irl

 

[Unionist]

I don't want clan business in politics

Those clans were fighting for their rightful representation.

Where did warlords come from?

 

[Thegoodshepherd]

I totally disagree with this proposition. It gives too much power to the central government. The central government should have much more power than it has today, but not 24 out 31 duties. The federal government should share power with the federal states in things like service delivery, but should share no power with the federal states in things like foreign policy, border protection, and military issues. I am very concerned about the ownership of natural resources, and would rather that fall under the jurisdiction of the federal states. The federal government should have the power to build military bases wherever it wishes and to have its police patrol wherever it wants. No federal state should be able to block the entry of federal troops or police. There are a lot of issues that each group will find very sensitive, for example the people of Bay&Bakool might ask for equal treatment of their language alongside Somali. Will we allow a place for religious scholars in the justice system or will we adopt a civil code? I don't think they should get any positions but some will argue for it. Should we go back to having a strong PM as the executive and have the President only set the general agenda? Should we move the capital elsewhere? When will a census be held? On what basis will parliamentary districts be drawn? Will 4.5 be codified in law?

There are a lot of things that have to be resolved in the upcoming debates over the constitution.

 

[Steamdevolopment]

I totally disagree with this proposition. It gives too much power to the central government. The central government should have much more power than it has today, but not 24 out 31 duties. The federal government should share power with the federal states in things like service delivery, but should share no power with the federal states in things like foreign policy, border protection, and military issues. I am very concerned about the ownership of natural resources, and would rather that fall under the jurisdiction of the federal states. The federal government should have the power to build military bases wherever it wishes and to have its police patrol wherever it wants. No federal state should be able to block the entry of federal troops or police. There are a lot of issues that each group will find very sensitive, for example the people of Bay&Bakool might ask for equal treatment of their language alongside Somali. Will we allow a place for religious scholars in the justice system or will we adopt a civil code? I don't think they should get any positions but some will argue for it. Should we go back to having a strong PM as the executive and have the President only set the general agenda? Should we move the capital elsewhere? When will a census be held? On what basis will parliamentary districts be drawn? Will 4.5 be codified in law?

There are a lot of things that have to be resolved in the upcoming debates over the constitution.

I respectfully disagree. Let's take issues of natural ressources first. Federal states such Jubbaland wants to regulate its use all without the Federal government intervention. The reasoning being that it is local issues but I contend that the ressources found in the Somali soil belongs to all Somalis.

It has two main downsides:

1: It would lead to unequal sharing of one our greatest ressources and make some state very rich and other poor.

2: It would lead to greater corruption as the executive and legislature that oversees is entrenched in the local community allowing for gentle agreement or self-serving agreement. Having agreement about ressources invokes greater discussion and offers greater oversight.

Now unto the issues of Bay and Boykol: Af may-may is already recognized as a national language and there is no argument to replace.

Will we allow a place for religious scholars in the justice system or will we adopt a civil code?

Regarding religious scholars the current constitution regards Sharia as being above it and therefore they will probarely be a big part and they have great control in Somalia and it would cause great problems if they didn't. Somalia will return to having a dual system with some reserved to Islamic court like divorce and inheritance and civil code for more earthly needs such as a tax code.

Should we go back to having a strong PM as the executive and have the President only set the general agenda?

Now to the issues of PM. I personally would like to seem the united but the report makes a great for having a strong PM that is subordinate to the President and Parliament giving stability such Somaliland.


Should we move the capital?

We should not move the capital, it will cause too much of an uproar.

When will a census be held? Far into the future

On what basis will parliamentary districts be drawn? The best option is having a single district with proportional voting making each vote count equally as much


Will 4.5 be codified in law?

2020 election is conditioned on free and fair election without 4.5 but it will probably be institutionalized until the civil war is fully over.

Thank for the discussion. What are your own thoughts?

 

[Hassan Garguute Buldanana]

Border/federal army/ foreign policy, everything else falls under the states.