Somalia faces acid test ahead of new order

Abdirashid Hashi, Daily Nation  |   12 May 2012



On a political path strewn with obstacles and dangers, Somalia stands
at a new crossroads.




The term of the current Transitional Federal Institutions ends in
three months and everybody is wondering what will come next.




Elections are not possible, so Somali politicians and their UN-led
international backers have agreed that traditional tribal elders will
lead the next phase in the transition process.




But questions remain over who exactly represents Somali clans, and any
mistakes in naming them have the potential to unravel the significant
political and security progress that has been made so far.




Over the next two months, traditional elders will be the most
important actors in Somali politics.




Instead of foreigners or politicians appointing the next members of
parliament, 135 genuine tribal chiefs would exercise those powers.




The elders are tasked with doing two things. They will select an
825-member Constituent Assembly, which in turn, will debate and adopt
the new constitution.




They will also appoint the incoming 225 or 275 Somali
parliamentarians. Parliament, in turn, will elect Somalia’s next
president.




But there is a caveat; these leaders must be uncontested and recognised elders.




The selection process and commissioning of these elders could usher in
a new dawn or send Somalia sliding back into chaos.




General expectation




On the whole, traditional elders are well-respected by their clans and
most are anointed for their integrity, impartiality and cultural
acumen.




The general expectation, if the process is not manipulated, is that
these chiefs will select credible and competent political
representatives.




On the other hand, if politicians with personal agenda corrupt the
process and empower phony clan elders, these imposters could sell
seats in parliament to the highest bidder.




The whole enterprise of ending Somalia’s dysfunctional transition and
ushering in a more progressive political era would then be futile.




Any resulting institutions would lack legitimacy, and the strife-torn
country could enter a new era of uncertainty, if not full scale
disorder.




This need not happen, and the international community has both the
obligation and the ability to make sure that the process is neither
hijacked nor tarnished unnecessarily.




The process of assembling these traditional elders in Mogadishu is
already under way.




What is needed is that the government, or those doing the inviting,
must publish the list of the 135 traditional elders. They must be
genuine representatives of Somali communities.




Most Somali clans have uncontested and recognised traditional elders,
so the selection or invitation criteria should be transparent. But
there is another important consideration.




Some elders will not be able to assume their new responsibilities due
to poor health, indifference to politics or for reasons of
inaccessibility, certainly if they live in Al Shabaab-controlled
areas.




In these cases, there must be clear criteria to establish the validity
of clan leaders who replace elders who are unable, or unwilling, to
take part.




In some instances, clans do not have agreed-upon traditional leaders.
How they will be represented in the conference of elders and their
deliberations should be explained in advance.




The issue of who should represent communities in Somaliland is another
important question. Elders from Somaliland might not want to come to
Mogadishu due to government blockage or because they don’t want to.
How then will Somaliland MPs be selected?




To address the need for transparency and establish the vital buy-in of
the public, a joint Somali and international monitoring and
verification committee should be set up.




This small and specialised committee could consist of a representative
from the five permanent members of the UN Security Council, for
instance the British ambassador; a representative of the OIC, like
Turkey’s ambassador to Somalia; an Arab League representative, say
from the United Arab Emirates; and four respected Somali civil society
and/or political leaders.




The team’s main task would be to check the credentials of, and
endorse, the 135 traditional elders as well as the overall integrity
of the process to end the transition.




It would work like traditional election monitoring committees, and
could present written recommendations on how to overcome technical
problems.




Another important consideration in the transition process is the
adoption of the new constitution.




The international community invested heavily in the preparation of
this document, but most Somali people either don’t care about, or
don’t like, the whole constitution drafting process.




This lack of enthusiasm is due to the poor communication strategy of
the Somali government and its UN backers.




In terms of content and quality, the draft constitution is an
improvement of the current contradiction-ridden transitional charter,
but many citizens are pessimistic.




New constitution




There is a Somali proverb that says “a man who dons his garment in an
odd way comes across as though he is hiding something”.




The constitution and the constitution-making process suffer from a
similar prejudice. The new basic law has been getting bad press from
many quarters.




It is high time that its sponsors stopped ignoring the backlash and
began actively engaging the Somali public.




It is also important to restore public confidence by dispelling
misinformation and distortion about the draft constitution.




Somalia sorely needs a new political apparatus, but the process that
leads to it has to be fair and transparent – the selection of the
traditional elders is the litmus test.




The writer is the International Crisis Group’s Somalia analyst



Daily Nation

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