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Criminal Intent and Commission of Impeachable Offenses: The Illegal Dismissal of the Prime Minister
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Rashid Yahya Ali

Wednesday, December 17, 2008

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Time and again, Somalia’s interim president has willfully obstructed peace initiatives and placed roadblocks on promising reconciliation efforts, undermining any prospect of ending the nightmare in Somalia; when and if those endeavors were deemed a threat to his political ambitions.

 

As a result, the TFG has been reduced into an artificial, 2-town pseudo-administration, non-existent and with no tangible bearing on the lives of the people, despite enjoying international recognition and legitimacy.

 

The bizarre political maneuvers undertaken by the “internationally recognized” president in this last week should serve as a clear warning in the futility of continued support for a man who has proven to be anything but the greatest obstacle of achieving peace in Somalia.

 

Turning a blind eye on the dangerous developments unfolding in Somalia, as perpetuated by the president’s actions,  will undoubtedly hasten the decomposition of the TFG and may become the last nail in the coffin of an already dying myth.

 

The irony of the situation is not the probable disappearance of the TFG, despite massive investment of effort and material by the international community or the magnitude of loss of innocent lives, but contrary to its design, that it ultimately helped the rise, spread and potential victory of radicalism in Somalia.

 

At present; Al-Shabab leaders openly hold regular press conferences in Mogadishu and are poised for a total takeover of the country any day now, if the course of events do not change and soon.

 

The president’s belligerence gives ammunition and strength to the growth of fundamentalism by denying the common man any other option but to armed struggle. His duplicity with the occupation force, and divisive politics deepen the rift between communities, prolong the conflict and encourage lawlessness.

 

His abuse of power is a gift to the cause of the insurgency and a seed fund for the opposition.

 

Indeed; Ethiopia’s illegal invasion and subsequent occupation has become Al-Shabab’s rallying cry and their most appealing call for arms. If Ethiopia withdraws, Al-Shabab’s principle reason for continuing the insurgency will become untenable without their base of public support.

 

The people are so war fatigued, they are desperately longing and asking when will the guns be  silenced.

 

Therefore; the D’jibouti agreement, spearheaded by the Prime Minister and the moderate leader of the Islamic Courts Union, Sheikh Sharif, holds the best promise of Ethiopia’s withdrawal and the neutralization of Al-Shabab. 

 

For some unknown reasons, the president is vehemently against this very promising peace accord. 

 

The implications of the president’s latest political adventures are profoundly grave and may not only seriously undermine the gains made in D’jibouti, but could hurl the country back into a fresh outbreak of violence and bloodshed. 

 

The dismissal of the Prime Minister, in defiance to the supermacy of the law is tantamount a criminal intent and a brazen violation of the rule of law and complete disregard to the terms of the interim charter as guaranteed under Chapter 8 of Article 5 of the constitution.

 

The charter expressly demands that “ If Parliament, by a vote supported by more than fifty per cent 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.”

 

Accordingly; since the parliament did not vote on a motion of no confidence; the president’s dismissal of the Prime Minister has no legal basis and is therefore null and void.

 

By the same token; the nomination of another Prime Minister, despite the full backing of parliament for the sitting legitimate PM, and in contradiction to parliamentary proceedures  is a deliberate act of power abuse, an affront to the spirit and character of the law and a conduct unbecoming of a president: the symbol of the nation, entrusted to foster reconciliation, national unity, and good governance as the Charter mandates.

 

Again; the degree of contempt and the lack of concern under the current state of affairs, the suffering and the sorrow inflicted on the people and the appalling misery shrouding the country, the so-called president’s latest deranged conduct demonstrates complete disregard to the sanctity and value of human life and peace, and for all intent and purpose, is an evil design to drag the conflict and blood letting for perpetuity.

 

If indeed the president was concerned enough of the state of the nation; perhaps he should have contemplated on his own resignation instead of firing a man of peace.

 

The Prime Minister, Mr. Nur Adde, has proven to be a genuine true Somali, who has shown tireless devotion on the quest for peace, who has taken enormous risks and is almost at the threshold of a new dawn of peace to restore stability to a people and land that have been long deprived.

 

In comparison, the interim president has committed numerous impeachable offenses, not once or twice and has willfully chosen to stand in the way of peace. It is time to remove him.

 

If anything, given the timing, its coincidence with the D’jibouti agreement and the formation of a new cabinet members, the sudden public dismissal of the Prime Minister is a testimony that the greatest obstacle to peace in Somalia is none but its interim president.

 

It is a duty and a moral obligation on the international community to hold the interim president personally accountable to the consequences of his actions. Innocent people have died and will continue to die if he is not forcefully confronted.

 

The Kenyan government has taken a bold step in response to the president’s actions by declaring him persona-non-grata and by also  freezing his assets.

 

This sends a clear message to all spoilers of peace and must be supported and followed suit by all who are genuinely interested in peace and stability in Somalia.


Rashid Yahya Ali

Baltimore, USA

[email protected]



 





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