By: Abdirizak Yusuf Ismail
Somalia is a federal republic of about 15 million people comprising six member states – Puntland, Jubaland, Galmudug, Hirshabelle and South West – with a central government in Mogadishu, the capital city. The northwest region of Somaliland declared independence in 1991, although internationally it is recognized to be a part of Somalia and it a sixth state. In reality, the central government exerts little control over the breakaway republic Somalia has to evolvei into a democratic country that runs through elected governments with a federal structure, so that there is no infighting among the clans and all clans are properly represented. However, the foremost need of the hour is good governance and an honest, bold politician. Only such a leader can create conditions for democracy and federal structures. If Somalia achieves such a leadership, it may yet have the chance to get back on its feet.
Jubaland – The fundamental rights and freedom of Jubaland constitution designated that Every person who is eighteen 18 years and above has the right to vote in an election and to be elected [1]Chapter 4, article 682 also indicates clearly that (The State Assembly of Jubaland elects the President for a period of a four year term, renewable once through a general election).
ii[2]Galmudug state provisional Constitution was approved on July 2015. Article 32-1 indicated that the term of state house representatives is 4 years starting when the results of the election are announced and the members are sworn in as well as article 49-1 designed the term of the state president is 4 years.
[3]Hirshabelle Constitution specified plainly on article 50-1 that (the term of state president is 4 years, and can be re-elected second term, after two terms he cannot be re-elected any more).
[4] aaidabo September 2014 was consented South-West state provisional constitution. Article 39-1 of SouthWest state provisional constitution indicates that (The term of the house representatives are 4 years starting from the swearing in office). On article 50-1 & 2 also specified clearly that (The term of the state president and the executive council is 4 years) (The president can re-elected two terms only)
[5]Puntland State – Article 60-2&3 The House of Representatives shall consist of 66 deputies elected by the people. 3. Each legislative shall be elected for a period of 5 years starting from the proclamation of the several remarkable of free and fair elections have taken place in Somaliland territory and proudly five presidents have been elected with a peaceful transition of power. This is an unparalleled achievement comparing the other states of Somalia and many of those who observe the democratization process of African and western countries describe Somaliland as a democratic success and one of the strongest democracies in Somalia. All those accomplished and success is currently in jeopardy after the incumbent president conducted disrespectfully in term limitations.
The Puntland State of Somalia was determined and established in 1998 by Portlander’s politicians, scholars, civil societies, and traditional elders. Immediately; the course of democratization was a keystone and carried out of after the foundation of Puntland state. All previous leaders attempted fairly the process although there were many challenges confronted but at least settled in significant stages for the time being. Considerably Puntland constitution was approved in that same year 1998 conference and later replaced with a provisional constitution that was approved by members of the House of Representatives in 200l. Puntland’s journey towards democracy and organizing 1P1V polls at the district level 80% were accomplished well. But at the journey requires a wider political agreement within Puntland’s political stakeholders as a precondition to organize peaceful, transparent legitimate democratic elections. Farole admitted he hadn’t looked at all individual constitutions of all federal member states but cited Article 79 of the Puntland Constitution as specifically forbidding any term extensions of the state president.
The president of South West state his tern was expired. Unfortunately: he extended the term through unlawful parliamentary motion. However, opposition groups are claiming that the decision had no any legal support according South West constitution. Meanwhile, South West, Galmudug and Jubaland, have made unilateral extension of their presidency terms and it already mobilized to a political impasse, and some security turmoil. Thus, the three leaders lay assert that they are in a fighting against AS, but their charters permit election without futile justifications.
Since the establishment of Jubaland State until now, which is more than ten years, the state has been ruled by a single leader. It is a violation of the Jubaland Constitution, which clearly specifies the term limitation.
It’s also against the consensus of state stakeholders who are supposed to provide with collective administration and elective government. There are no tiny expectations that the incumbent leader will substitute his misdeeds for any prospects of the state’s crippling democracy. The case of the Jubaland president term is non-identical to that of other state leaders because of the length of time without constitutional acceptances. Staying power over the designed terms may create a chaotic situation and undermine the legitimacy and credibility of the leader. Elections have never been excused or fabricated as legal vindications because of the war against AS and there is no provision for it in the Constitutions.
The presidential term limits within the federal member states of Somalia is crucial to permanent it. This engagement forms part of a series of interventions that seek to engage political leaders as well as civil society to advocate for and mobilize citizens to promote respect for constitutional term limits. There are growing worries with leaders who cling on to office through constitutional amendments but also through rigged elections, including concerns on those who cling to power particularly.
The significance to safeguard the democracy
The main reason that the presidential term matters is very comprehensive and broad and it prevents tyranny and the safeguarding of a peaceful political transition from one elected president to another. According to the federal constitution and federal member states constitution are specified in favor of limiting presidential mandates to two terms. On the constitution reliance have maintained term limits, the executive officeholders have been in power for 4 or 5 years. However, the average time in power for the Jubaland state president who have evaded term limits, in contrast of 13 years so far. Rendering to a many studies, there are three major factors that may signal constitutional manipulation: instability, illegality, and illegitimacy. The first may create a serious violence within the political segments that concerns democracy and those who are protecting the power hungry individuals which may cause police crackdowns, political assassinations and political party-affiliated militia attacks, street protests, and damage to a process of constitutional change,
Secondly, if the constitutional change is accompanied by violations of laws protecting fundamental rights, the process is undermined. Illegality and may be signaled by violations of freedom of expression, association, and assembly that restrict political debate. For instance, protests may be banned unconstitutionally, opposition members may be locked up unnecessarily, electronic communication channels may be suspended (or journalists may be stressed and stained. Instability and illegality will usually also lead to the third set of factors, those indicating illegitimacy. Violence, especially mistreatment of security forces, and ignored for the law undermine the legitimacy of a process. A scarcity of legitimacy may also be a result of exclusionary put into practices.
Redefining the current situation
Many federal member states of Somalia leaders manage to cling to power for than the term limit, either by force, breaking laws or bending constitutions. It’s an established norm that has been practiced most of the states. The debate over presidential terms and tenures continue to create challenges for democratic development in Somalia. Hope of the moral imperatives are a driving force behind the development whereby federal state’s stakeholders abide by or even attempt to put further restrictions on presidential terms and tenures. Most likely, considerations regarding in many cases are decisive. Notably, it may be easier for serving presidents to put restrictions on terms and tenures as their own period in office is coming to an end and that may give a positive spin to their legacies in the future.
Essentially: There is a great obligation to mobilize and advocate for presidential term limits in Somalia particularly federal member states. In addition it’s very important to perceive the leaders to admit and respect the principles of good governance, than it would be easy to ensure the continuation in change of power within nation’s federal states and moreover the admission in promoting the exigencies of a new generation leaders. These interventions require collaborative efforts from various civil society organizations, state administration institutions, pro-democracy movements as well as the federal government. Inwardness of the basic democracy requirements is to exercise the foundations and political willingness of state presidents to adhere and acclaim their state’s s constitutions while respecting the rule of law and the institutions that defend it.
Furthermore; we need to recognize and acknowledge the key role of the modern world’s democracy which is to encourage the young generation in order to be part of the politics and prepare for them the future leaders. So far many young generations from the developed countries have successfully managed to practice and mobilize themselves through different movements that have challenged and toppled authoritarianism. Meanwhile the digital tools such as social media can instantly raise awareness on matters that would ordinarily be suppressed by tyrannical administrations. For solving of states presidential term misuse is an obligation towards developing democracy in prevent constitutional abuses and the responsibility for every citizen to engage more aggressively to detect and prevent instability that results from incumbent attempts to cling to power.
