Despite the fact that I live so far away from Somalia, I am touched by the host of unpleasant events that are reported from there daily. Although I live in the US, I still have family and friends some of whom have never heard of the constitution, or indeed, do not have a twinkle of an idea of the political games that are being played by the political elite and the international community in Mogadishu, Baidoa and elsewhere in the region or the world at large. I am sure most Somalis feel the same about the situation of their relations in Somalia. We, sure, have become the laughingstock of the world.

For the average Somali, what is happening in Baidoa is no more no less than a conflict between the President and the Prime Minister—and a political one at that.. For them, it is a conflict between two men and hardly the powers of two offices—the way it should be. It may even be strange that each of the two men feels the same as their folk! The average Somali does not even know the role of the Speaker to the House, the Parliament; or if there is a court in place.  Or, that it may have a role to play in this—constitutional or otherwise. But I have a feeling that if we approach this the right way this time; and solve it in a civil way, we will have conquered half of our problems in the political land escape.

The international community—governments in the region and elsewhere in the world—seem to have the same mindset. They are treating the problem as they usually have done in the past! They treat it like the erstwhile bickering between government officials in Africa and therefore a political situation. Or is it? For I think I heard Jandaye Frazier saying that the PM has the right of way, because the President cannot dismiss the PM according to article 51 of the Transitional Federal Charter.  How many more officials from other countries in the world do subscribe to this claptrap? Certainly, some of officials from the neighboring countries, and may be even from France, the UK and other the world powers, according to the former Foreign Minister of Somalia, who can be considered the first culprit in the quandary—at least, he was one member among those ministers who have resigned to make the crisis unfold!

I am not a lawyer and not a constitutional one at that. But I feel the conflict is more drastic than the political type the neighboring countries are used to resolving. That much I can discern, even without the legal mind and training. This time the world seems to be meddling through without regard for the issues involved, when they should not get involved in the matter to Somali court. Article 3 of the Charter refers.

ARTICLE 3
SUPREMACY OF LAW 

1. The Transitional Federal Government of the Somali Republic shall be founded   on the supremacy of the law and shall be governed in accordance with this Charter.

2. This Charter for the Transitional Federal Government shall be the supreme law binding all authorities and persons and shall have the force of law throughout the Somali Republic. If any law is inconsistent with this Charter the Charter shall  prevail.

3. The validity, legality or procedure of enactment or promulgation of this Charter shall not be subject to challenge by or before any court or other State organ.

 The Parliament and many friendly countries in the world seem to be bent on the assumption that the president cannot dismiss the PM according, in their view, to an article of the Charter which reads as follows:

ARTICLE 51
DISMISSAL OF THE PRIME/DEPUTY PRIME MINISTER (s). 

1. If Parliament, by a vote supported by more than fifty per cent (50%) of its members, passes a motion of no confidence in the Prime Minister, the President shall dismiss the Prime Minister, and other Members of the Council of Ministers.

That sounds straight forward. But one finds him/herself confused when he/she finds another article: 44, Para... (2), which reads as follows, among other things. 

2. The President shall appoint and dismiss the Prime Minister and/or dismiss the government if it fails to obtain the required vote of confidence from Parliament.

In the mean time, it becomes incumbent on educated Somalis to study and discuss the issues involved—particularly so by lawyers and legal minds. This constitutional crisis is neither the first in the world nor will it be last in Somalia. We cannot always wait for political reconciliation to resolve our problems. In fact we should develop a capacity to solve our problems by applying the law of the land rather than trying the application voodoo politics, which only involves other countries to transform our problems into their interests. The questions I have are: What happened to our Supreme Court? Do we have a constitutional court in Somalia which can look at this in a sober and clear mind? Is it too late to form a court for this crisis? Can somebody shed some light on this for us?

In the end, it should not matter which of the two men. As a matter of fact, it is a famous Somali saying which says “Gar xumi Caado ma noqoto!” Roughly translated, it may mean: a faulty verdict can never work as a precedent” given, everything goes well, we should be grateful for Allah and the international community for their support in the past and their resource support in the future.

Abdalla Hirad
MHirad@aol.com

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