View source for Constitutional crisis in Somalia

{{Short description|Somalia constitutional crisis (2023)}}
{{Infobox civil conflict
| title = 2023 Somalia constitutional crisis
| partof = [[Somali Civil War]] and the [[Somali civil war (2009–present)]]
| image = {{Multiple image
| direction         = horizontal
| total_width       = 300
| image1            = Said Abdullahi Deni on May 22, 2021 (cropped).jpg
| caption1          = [[Said Abdullahi Deni]] <small>([[President of Puntland]])</small>
| image2            = Hassan Sheikh Mohamud--StateDept Portrait--.jpg
| caption2          = [[Hassan Sheikh Mohamud]] <small>([[President of Somalia]])</small>
| align             = center
| image_style       = border:none;
<!--image 1-->}}
| date = {{Start date|2023|5|28}}
| timezone = UTC+3
| place = [[Somalia]]
| result = Ongoing
* [[Puntland]] Declared Independence and Pulls Recognition of [[Federal Government of Somalia]]].
* Federal government deployed [[Somali forces]] to [[Kamboni]] and [[Jubaland]] cut ties all federal goverment relations
| side1 = {{Flag|Puntland}} <br />
{{Flag|Jubaland}}
----
*{{Flag|Somaliland}}
----
*The opposition council of the National Guard
| side2 = {{flagicon image|Flag of Somalia.svg}} [[Federal Government of Somalia]]
----
*{{flagicon image|Flag of Mogadishu, Somalia.svg}} [[Banadir]]
| leadfigures1 = {{flagicon|Puntland}} [[Said Abdullahi Deni|Said Deni]] <br />
{{flagicon|Jubaland}} [[Ahmed Mohamed Islam|Ahmed Madobe]]
----
former president [[Mohamed Abdullahi Farmajo]]
----
former president [[Sharif Sheikh Ahmed]]
| leadfigures2 = {{flagicon|Somalia}} [[Hassan Sheikh Mohamud]]
----
*{{flagicon image|Flag of Mogadishu, Somalia.svg}} [[Yusuf Hussein Jimaale]]
}}
A [[constitutional crisis]] developed in [[Somalia]] when the [[President of Somalia|Somali President]], [[Hassan Sheikh Mohamud]], changed the [[Constitution of Somalia]] on April 30, 2024. The change was strongly opposed by the [[President of Puntland]], [[Said Abdullahi Deni]], and as a direct result, [[Puntland]] withdrew its recognition of the [[Federal Government of Somalia]] and declared itself an independent state based on Article 4 of the [[Constitution of Puntland|Puntland Constitution]].
== Build up==
On May 28, 2023, President Hassan Sheikh of Somalia announced plans to implement universal suffrage, replacing the clan-based election system. This decision was reached following a four-day conference in Mogadishu, where the National Consultative Council (NCC) agreed to transition to direct universal suffrage by 2024, eliminating the 4.5 clan-based voting system.<ref>{{Cite web |last=Sheikh Nor |first=Mohamed |date=9 June 2023 |title=Somalia announces universal suffrage to replace clan-based system |url=https://www.theafricareport.com/312155/somalia-announces-universal-suffrage-to-replace-clan-based-system/ |access-date=4 April 2024 |website=The Africa Report}}</ref>
The [[constitutional crisis]] in [[Somalia]] emerged when President [[Hassan Sheikh Mohamud]] pushed for constitutional amendments aimed at expanding presidential powers, potentially leading to a constitutional deadlock in the country. This initiative, perceived as a bid to centralize authority, unfolded during Somalia's fragile political equilibrium. Amidst these developments, scrutiny intensified on Somalia's power-sharing dynamics, raising apprehensions regarding the nation's future stability.<ref name="thesomalidigest">{{Cite web |last=Kheyr |date=2023-12-07 |title=Somalia Constitutional Crisis in the Horizon? |url=https://thesomalidigest.com/somalia-constitutional-crisis-in-the-horizon/ |access-date=2024-04-05 |website=Somali News in English {{!}} The Somali Digest |language=en-US}}</ref>
President Mohamud's appointment of Hussein Sheikh Mohamud as his senior adviser on constitutional affairs also fueled controversy amidst ongoing debates surrounding the amendment process of the Federal Government Constitution. Analysts argue that the President's unilateral pursuit of constitutional changes lacks sufficient consultation with crucial Somali stakeholders, including political figures, cultural elders, and [[States and regions of Somalia|Federal Member States]] like [[Puntland]] and [[Somaliland]].<ref name="thesomalidigest"/>
On 27 November 2023. a group of [[Federal Parliament of Somalia]] announced the establishment of the National Correction Caucus, claiming it is designed to protect the country's constitutional framework. This action comes after President Hassan Sheikh Mohamud pushes for transitioning from a parliamentary to a presidential system, which includes abolishing the position of [[List of prime ministers of Somalia|prime minister]] and introducing a [[Vice President of Somalia|vice president]].<ref>{{Cite web |last=Sheikh Nor |first=Mohamed |date=13 December 2023 |title=Somalia: Hassan's push for universal suffrage stokes tensions |url=https://www.theafricareport.com/330212/somalia-rising-tension-due-to-proposed-constitutional-changes/ |access-date=4 April 2024 |website=The Africa Report}}</ref>
The amendments notably curtail the powers of the Prime Minister and introduce [[Direct election|direct presidential elections]], departing from the [[Indirect election|indirect system]] where elders selected legislators who then elected the president. Additionally, the amendments set a five-year limit on federal autonomy, after which state leaders must seek reelection.<ref name="garoweonline" />
== List ==
{| class="wikitable"
!Portrait
!Name
! colspan="2" |Term of Office
!Political Party
|-
! colspan="5" |Chairman of Somali
|-
|
|[[Said Abdullahi Deni]]
|2023
|''Incumbent''
|[[Kaah Political Association]]
|-
|
|[[Ahmed Mohamed Islam]]
|2023
|''Incumbent''
|[[Raskamboni Movement]]
|-
|
|[[Sharif Sheikh Ahmed]]
|2023
|''Incumbent''
|[[Himilo Qaran]]
|-
|
|[[Mohamed Abdullahi Farmajo]]
|2023
|''Incumbent''
|Himilo Qaran
|}
== Constitution of Somalia==
{{Main|Constitution of Somalia}}
Since 2012, Somalia has operated under a [[Provisional Constitution of the Federal Republic of Somalia|provisional constitution]] that was originally intended to be finalized by the [[Federal Parliament of Somalia|Federal Parliament]] by 2016. This constitution was adopted provisionally by the National Constituent Assembly, which consisted of 825 representatives from diverse segments of society. The decision to adopt it provisionally was necessitated by the inability to hold a referendum due to ongoing security challenges.<ref>{{Cite web |title=Constitutional History of Somalia |url=http://constitutionnet.org/country/somalia |access-date=2024-07-02 |website=ConstitutionNet |language=en}}</ref>
Despite efforts by two previous federal administrations, the task of finalizing the constitution remained unaccomplished. In May 2023, the current Somali government initiated a process to amend and formally approve the constitution. This move aims to address longstanding challenges and establish a comprehensive legal framework that reflects the aspirations of Somalia's diverse populace. The process is crucial for stabilizing the country's governance structures and paving the way for sustained political and social development. However, the recent opposition from various political figures and factions, including Puntland and other key stakeholders concerned about the inclusivity and transparency of the ongoing constitutional reform efforts.
== Actions of Puntland ==
[[File:PUNTLAND_PRESS_RELEASE_05_APRIL_2024.svg|thumb|Puntland Press Release]]
{{Main|History of Puntland}}
Semi-autonomous [[Puntland|state of Puntland]], the oldest federal member state known as the "Mother of Federalism," strongly opposes the current constitutional reforms. Its leaders argue that rather than finalizing a new constitution, the reforms merely modify Somalia's provisional charters.<ref name="reuters" />
The constitutional change process has sparked new tensions between the federal government and the semi-autonomous Puntland government.<ref>{{Cite web |date=2024-04-04 |title=Somalia expels Ethiopian ambassador, orders closure of two consulates |url=https://www.voanews.com/a/somalia-expels-ethiopian-ambassador-orders-closure-of-two-consulates/7556811.html |access-date=2024-07-02 |website=Voice of America |language=en}}</ref>
Several prominent Somali politicians also oppose the constitutional changes. These include former President [[Sharif Sheikh Ahmed|Sheikh Sharif]] and his Prime Minister [[Abdiweli Gaas]], former Prime Minister [[Omar Sharmarke|Omar Abdirashid]], and [[Abdirahman Farole]], former President of Puntland and current senator from Nugal. These five figures were the original signatories of the provisional charters in 2012.
Other Opposition political figures like former Prime Minister [[Hassan Ali Khaire]], and member of the House of People [[Abdirahman Abdishakur Warsame|Abdirahman Abdishakur]], serving as a Presidential Envoy for drought, argue that the amplification of presidential powers could potentially undermine the role of the Prime Minister as a check.
On January 8, 2024. [[2024 Puntland presidential election|Puntland elections]] were held in Puntland, President [[Said Abdullahi Deni]] was re-elected, and All the opposition participated in the inauguration of the [[president of Puntland]].
=== Declaration of Independence by Puntland ===
On January 31, 2024. [[Puntland]] announced its withdrawal from the federal system, Puntland cabinets in their emergency meeting stated their intention to govern independently until constitutional amendments proposed by the central government are ratified through a nationwide referendum.<ref name="reuters">{{Cite news |first= |date=31 March 2024 |title=Somalia's Puntland refuses to recognise federal government after disputed constitutional changes |url=https://www.reuters.com/world/africa/somalias-puntland-refuses-recognise-federal-government-after-disputed-2024-03-31/ |access-date=4 April 2024 |work=[[Reuters]]}}</ref><ref>{{Cite web |last= |date=2024-04-02 |title=Somalia: Puntland refuses to recognise federal government after disputed constitutional changes |url=https://www.africanews.com/2024/04/02/somalia-puntland-refuses-to-recognise-federal-government-after-disputed-constitutional-cha/ |access-date=2024-07-23 |website=Africanews |language=en}}</ref>
Puntland also accused President [[Hassan Sheikh Mohamud]] of violating the constitution and losing his legitimacy.<ref>{{Cite web |title=Somalia: Puntland pulls recognition of federal government |publisher=[[Deutsche Welle|DW]] |date=2024-03-31 |url=https://www.dw.com/en/somalia-puntland-pulls-recognition-of-federal-government/a-68709757 |access-date=2024-04-05 |website=dw.com |language=en}}</ref>
Puntland's denial resulted in concerns over the rushed nature of the amendment process and the lack of genuine public participation. Puntland's withdrawal from the federal system underscores growing discontent with the central government's approach to governance and constitutional reforms.<ref name="garoweonline" />
[[Mohamud Aidid Dirir]], Puntland minister of information accused President [[Hassan Sheikh Mohamud]] of “gather[ing] authority into his hands.” This is the second time Puntland has cut ties with the HSM administration.<ref>{{Cite news |last=Ali |first=Faisal |date=2024-04-05 |title=Somalia accused of 'threatening national unity' with new constitution |url=https://www.theguardian.com/global-development/2024/apr/05/fears-violence-somalia-constitution |access-date=2024-07-02 |work=The Guardian |language=en-GB |issn=0261-3077}}</ref> In January 2023, the [[Government of Puntland|Puntland Government]] announced that it was acting independently from the federal government until the completion of the constitution via referendum.<ref>{{Cite web |date=2020-06-30 |title=Villa Somalia: Puntland in talks with Federal Government |url=https://www.garoweonline.com/en/news/somalia/villa-somalia-puntland-in-talks-with-federal-government |access-date=2024-07-02 |website=Garowe Online |language=en}}</ref>
On 3 April 2024. the dispute between Puntland and the federal government escalated when Puntland's minister of finance met with representatives of the Ethiopian Foreign Affairs Ministry in Addis Ababa, Ethiopia to discuss trade cooperation. This meeting was not coordinated with the federal government of Somalia.<ref>{{Cite web |date=2020-06-30 |title=Puntland and Ethiopia Strengthen Ties Amid Regional Tensions |url=https://www.garoweonline.com/en/news/puntland/puntland-and-ethiopia-strengthen-ties-amid-regional-tensions |access-date=2024-07-02 |website=Garowe Online |language=en}}</ref>
== Actions of Somaliland ==
{{Main|History of Somaliland}}
Unlike Puntland, the breakaway region of [[Somaliland]] has firmly distanced itself from these amendments. [[Somaliland]] authorities maintain that they have never been party to the constitution utilized by [[Somalia]], underlining their longstanding separation from the central government's legal framework.<ref name="garoweonline">{{Cite web |date=2020-06-30 |title=Somaliland joins Puntland in protests over constitutional changes |url=https://garoweonline.com/en/news/somalia/somaliland-joins-puntland-in-protests-over-constitutional-changes |access-date=2024-04-05 |website=Garowe Online |language=en}}</ref>
[[Ali Hassan Mohamed]], Somaliland's minister for information, reiterated the region's stance, asserting that they are unaffected by outcomes in Mogadishu. He mentioned Somaliland's historical rejection of Somalia's constitution, dating back to the nation's inception in 1960. Mohamed highlighted that Somaliland's interests lie outside of Mogadishu politics, emphasizing a desire to avoid exacerbating existing political divisions within Somalia.<ref name="garoweonline" />
Somaliland declared its independence from Somalia in 1991, yet its sovereignty remains unrecognized internationally. Despite this, Somaliland has pursued agreements with neighboring countries like Ethiopia, aimed at potentially securing recognition as a sovereign state.<ref name="garoweonline" />
== Chronology of events ==
On 19 March 2024. Over 70 members from [[Federal Parliament of Somalia|both chambers of the federal parliament]] strongly opposed President [[Hassan Sheikh Mohamud|Hassan Sheikh Mohamud's]] plans to amend the country's provisional constitution following a meeting in Mogadishu.<ref>{{Cite web |title=Over 70 Somali lawmakers oppose President's Constitution amendment plans |url=http://www.hiiraan.com/news4/2024/mar/195515/over_70_somali_lawmakers_oppose_president_s_constitution_amendment_plans.aspx |access-date=2024-07-02 |website=www.hiiraan.com |language=en-US}}</ref>
On March 29, 2024, [[Human Rights Watch]] urged and recommended in a statement that [[Federal Parliament of Somalia]] reject any proposed [[Constitutional amendment|constitutional amendments]] that may weaken the [[Safeguard|safeguards]] for [[children's rights]]. [[Laetitia Bader]], deputy Africa director of Human Rights Watch.<ref name="hrw">{{Cite web |date=2024-03-29 |title=Somalia: Constitutional Proposals Put Children at Risk |website=Human Rights Watch |url=https://www.hrw.org/news/2024/03/29/somalia-constitutional-proposals-put-children-risk |access-date=2024-09-09 |language=en}}</ref> “Somalia’s parliament should resist efforts to weaken constitutional protections for children, especially girls,” she added. “Somalia’s donors should press the government to carry through on its claims that it is taking significant steps to meet its international human rights commitments, Somalia’s parliament appears poised to adopt amendments to the country’s constitution that could subject generations of children to harmful practices,” She added. “Constitutional reform should instead assist the government to better protect the rights of children.”<ref name="hrw" />
On 30 March 2024, the [[Federal Parliament of Somalia|federal parliament of Somalia]] approved several constitutional changes that the government says are necessary to establish a stable political system.<ref>{{Cite web |date=2024-03-31 |title=Somalia's Puntland region voices opposition to provisional constitution revisions |url=https://www.voanews.com/a/somalia-puntland-region-voices-opposition-to-revisions-to-provisional-constitution/7551064.html |access-date=2024-07-02 |website=Voice of America |language=en}}</ref>
31 March 2024, [[Puntland]] said it has withdrawn from the federal system and will govern itself independently until constitutional amendments are passed by the central government and approved in a nationwide referendum.<ref name="reuters"/>
On 3 April 2024. the [[Federal Government of Somalia]] has ordered Ethiopia's ambassador to leave the country within 72 hours,<ref>{{Cite web |date=3 April 2024 |title=Somalia expels Ethiopian envoy amid naval base dispute |url=https://www.reuters.com/world/africa/somalia-sends-away-ethiopian-ambassador-over-port-deal-officials-2024-04-04/ |access-date=4 April 2024 |website=Reuters}}</ref> along with the closure of Ethiopia's consulates in [[Somaliland]] and [[Puntland]].<ref>{{Cite web |title=Somalia expels Ethiopian ambassador amid Somaliland port deal dispute |url=https://www.aljazeera.com/news/2024/4/4/somalia-expels-ethiopian-ambassador-amid-somaliland-port-deal |access-date=2024-04-05 |website=Al Jazeera |language=en}}</ref> Diplomats and staff must vacate within a week.<ref>{{Cite web |date=2024-04-04 |title=Somalia orders Ethiopia's ambassador to leave the country as diplomatic tensions rise |url=https://apnews.com/article/somalia-ethiopia-diplomatic-tensions-55dbb47b7d3f0b1e9a3dd6e03d818568 |access-date=2024-04-05 |website=AP News |language=en}}</ref>
On May 9, 2024, [[Isha Dyfan]], the Sierra Leonean lawyer represent [[United Nations]] Expert on [[Human rights in Somalia|Human Rights in Somalia]], visited the country for five days. During her visit, she spoke about the importance of dialogue and agreement among Somalia’s political leaders to improve the country’s [[Constitution of Somalia|provisional constitution]].<ref>{{Cite web |title=UN expert calls for consensus on Somalia's constitutional review |url=https://constitutionnet.org/news/un-expert-calls-consensus-somalias-constitutional-review |access-date=2024-11-18 |website=ConstitutionNet |language=en}}</ref>
== Jubaland election ==
{{Main|2024 Jubaland presidential election}}
On November 9, 2024, the [[List of presidents of Jubaland|President of Jubaland]], [[Ahmed Mohamed Islam]], appointed Jubaland's electoral committee. But the [[Ministry of Interior and Federal Affairs (Somalia)|Federal Ministry of Interior of Somalia]] disagreed with this decision. The Ministry said the new committee was not approved by the federal government and asked local clans in Jubaland to "stand up and fight for their rights."<ref>{{Cite web |date=2024-11-10 |title=Jubbaland Prepares for Separate Election, President Madobe Appoints Electoral Committee |url=https://kaabtv.com/jubbaland-prepares-for-separate-election-president-madobe-appoints-electoral-committee/ |access-date=2024-11-10 |website=Kaab TV |language=en-US}}</ref>
On November 10, 2024, [[Jubaland]] decided to cut ties with the [[Federal Government of Somalia|Somali federal government]].<ref>{{Cite web |title=Jubbaland suspends cooperation with federal government, citing constitutional violations |url=https://www.hiiraan.com/news4/2024/Nov/198867/jubbaland_suspends_cooperation_with_federal_government_citing_constitutional_violations.aspx |access-date=2024-11-10 |website=www.hiiraan.com |language=en-US}}</ref> This happened because the [[African Union Transition Mission in Somalia|African Union Transition Mission in Somalia (ATMIS)]], refused the federal government's request to take control of Kismayo port by force.<ref>{{Cite web |date=2020-06-30 |title=Somalia: Hassan Sheikh Rejects Jubaland Election Model He Endorsed During Farmajo-Era |url=https://www.garoweonline.com/en/news/somalia/somalia-hassan-sheikh-rejects-jubaland-election-model-he-endorsed-during-farmajo-era |access-date=2024-11-10 |website=Garowe Online |language=en}}</ref>
On November 20, 2024, [[International community]] expressed their concern about the growing tension between [[Federal Government of Somalia|Somalia's Federal Government]] and [[Jubaland State of Somalia|Jubaland State]].<ref>{{Cite web |last=Nor |first=Omar |date=2024-11-20 |title=International Partners Call for Dialogue Amid Somalia-Jubaland Tensions |website=Shabelle Media Network |url=https://shabellemedia.com/international-partners-call-for-dialogue-amid-somalia-jubaland-tensions/ |access-date=2024-11-21 |language=en-US}}</ref> They urged both sides to engage in inclusive dialogue in order to resolve electoral disputes and urged Jubaland to resume talks and restore ties in order to avoid further escalation.<ref>{{Cite news |date=2024-11-21 |title=Somalia: International Partners Call for Dialogue Amid Somalia-Jubaland Tensions |url=https://allafrica.com/stories/202411210089.html |access-date=2024-11-21 |work=Shabelle Media Network |language=en}}</ref>
On November 27, 2024, The [[Banaadir|Banadir]] Regional Court in [[Mogadishu]], [[Somalia]], issues an arrest warrant for [[List of presidents of Jubaland|Jubaland President]] [[Ahmed Madobe]], accusing Madobe of [[treason]] and violating the [[Constitution of Somalia|constitution]].<ref>{{Cite web |date=2024-11-27 |title=Somali Court Issues Arrest Warrant For Jubaland Leader |url=https://www.barrons.com/articles/somali-court-issues-arrest-warrant-for-jubaland-leader-345b9789 |access-date=2024-11-28 |website=Agence France Presse (AFP)}}</ref> In response, the regional court in [[Kismayo]], [[Jubaland]], announces a $100,000 [[Bounty (reward)|reward]] for the arrest of [[President of Somalia|Somali President]] [[Hassan Sheikh Mohamud]], accusing Hassan of treason, undermining national unity, and conspiring with [[Al-Shabaab (militant group)|Al-Shabaab militia]].<ref>{{Cite web |title=Tit-for-tat arrest warrants escalate Somalia-Jubaland political crisis |url=https://www.hiiraan.com/news4/2024/Nov/199096/tit_for_tat_arrest_warrants_escalate_somalia_jubaland_political_crisis.aspx |access-date=2024-11-28 |website=www.hiiraan.com |language=en-US}}</ref><ref>{{Cite web |last=𝕯𝖗. 𝐗𝐈𝐃𝐃𝐈𝐆 |date=2024-11-27 |title=Jubaland Regional Court Issues Arrest Warrant for President Hassan Sheikh Mohamud on Charges of Treason |url=https://www.idilnews.com/jubaland-regional-court-issues-arrest-warrant-for-president-hassan-sheikh-mohamud-on-charges-of-treason/ |access-date=2024-11-28 |website=Idil News |language=en-US}}</ref>
== References ==
{{reflist}}
== External links ==
* [https://www.theguardian.com/global-development/2024/apr/05/fears-violence-somalia-constitution Puntland refuses to recognise changes to the fragile country’s constitution and has withdrawn from the federal system] [[The Guardian]]
* [https://thesomalidigest.com/somalia-constitutional-crisis-in-the-horizon/ Somalia Constitutional Crisis in the Horizon] [https://thesomalidigest.com/ The Somali Digest]
* [https://www.voasomali.com/a/galka-baarista-khilaafka-ka-dhashay-wax-ka-bedelka-dastuurka-/7562893.html Galka Baarista: Khilaafka ka dhashay wax ka bedelka dastuurka] [https://www.voasomali.com VOA Somali]
* [https://acleddata.com/2024/04/26/somalia-situation-update-april-2024-dispute-over-constitutional-amendment-and-increased-al-shabaab-attacks/ Somalia: Dispute Over Constitutional Amendment and Increased al-Shabaab Attacks]
[[Category:Political history of Somalia]]
[[Category:2023 in Somalia]]
[[Category:2024 in Somalia]]
[[Category:May 2023 events in Africa|Somalia]]
[[Category:Constitutional crises|Somalia]]
[[Category:Somali Civil War (2009–present)]]
[[Category:2020s in Puntland]]
[[Category:Politics of Puntland]]