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Constitutional Blunder by the Speaker of the Transitional Federal Parliament of Somali Republic

Asha Ahmed Abdalla
Member of Transitional Federal Somali Parliament of Somali

By Asha Abdalla

I am deeply disappointed by the news which was widely broadcasted all over the Somali media including the BBC Somali Service, regarding the deal struck by Putland Authority and Somali Parliament Speaker on the controversial and illegal mining exploration in Majayahan. My disappointment stems from the breach of Federal Charter as it relates to the so called “Majayahan Agreement” 

  1. The Federal Charter already has specific articles concerning natural resources of the country.  It is the sole duty of the federal government to oversee how the natural resources of the country are funded, explored and distributed.  By allowing some regional entities within the federal system to be exempt from this rule will complicate other equally important constitutional issues such as Ports management, administration of regional airports, border patrol, and Passport and Immigration issues.  This illegal exemption could jeopardize the existence of a viable Somali Government.

  2. The Federal Charter delegates the Executive Branch of Government, namely the Prime Minister through the Ministry of Water and Natural Resources, to address any concerns and issues which arise regarding the negotiations and implementations of oil and mineral explorations within the federal state.

  3. The Federal Charter specifies the role and functions of The Speaker of Federal Somali Parliament.  The Speaker cannot unilaterally approve international agreements, nor can he unilaterally endorse international agreement.  It is the function of Somali Government to negotiate an international agreement.  The entire Federal Somali Parliament then votes to accept or reject any international agreements presented to them by Somali Government.   According to the Federal Charter, neither the Speaker nor the Putland authorities, have legal grounds to engage in any international agreements.

  4. I am deeply disappointed that the Speaker has failed to consult with Somali elders from SANAAG region on this issue before signing the so called “agreements”. We all know that the conflict in the region has escalated into bloodshed. The elders of the community have in the past released a Communiqué in which they expressed their desire to resolve the conflict through dialogue.  There is an ongoing conference in BARAN participated by all SANAAG community elders to address many issues affecting the community including the ongoing crisis in Majayahan.  The Speaker did not attempt to meet with community elders for their suggestions and input before signing this agreement which affects their community, thus undermining the confidence of the community for the Speaker.

  5. I am also deeply saddened that while our Capital Mogadishu is burning in a conflict in which over 300 hundred of our fellow Somali citizens have perished, hundreds have been wounded and many displaced from their homes, the Speaker chose not to go to Mogadishu, but instead chose to fly to Bossaso to settle oral disagreements (between Mohamed Gedi and Adde Muse) where there was no exchange of gun fire between them.  The Speaker’s priorities are misplaced when our nation is in need of good and sound political leadership which have the interest of Somali people at heart.

  6. The Speaker’s unconstitutional actions could undermine the relative peace enjoyed by the two more stable regions within the Somali Republic, namely Puntland and Somaliland.

  7. I call upon the Speaker to explain himself on the floor of the Somali Parliament on the above noted breach of Federal Charter and to convince members of Federal Somali Parliament who have doubts on the stated purpose of his visit to Putland, the real purpose of his trip to Putland.

Asha Ahmed Abdalla
Member of Transitional Federal Somali Parliament of Somali Republic
Badio, Somalia

E-mail:[email protected]
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