Somalia’s Constitution Moves Forward

Somalia’s Constitution. Imperfect, Necessary, and Still Ours Here comes Week 8 of MI’s 5 Minutes of Fame (in Somali language). I am slightly catching up this week while enjoying the blessings of Ramadan. It is a time for reflection, patience, and perspective. I also find myself praying deeply for something the world seems to be losing sight of. Peace. A return of basic sanity in international affairs. Respect for human rights and international law. For all, not selectively. Against this wider global backdrop, Somalia has quietly taken another step in its long constitutional journey. Somalia’s Federal Parliament has once again moved the constitutional process forward. The latest approval of constitutional amendments has triggered strong reactions. Some celebrate. Others reject the process outright. That is politics. Yet it is useful to step back and remember a simple truth. Constitutions are human documents and they are written by people. They are amended by people. And they evolve with the political maturity of a nation. No constitution is final and no generation writes the last word. No individual, no faction, no government, no opposition group owns the constitution. It belongs to all Somalis, to the republic. A Short History of Somalia’s Constitutions Somalia’s constitutional history reflects the country’s turbulent political trajectory. The 1960 Constitution emerged at independence after the union of the former British Somaliland and Italian Somaliland. It was ratified through a national referendum in June 1961 and established a parliamentary democracy. Despite imperfections, it reflected the optimism of the early republic. Following the 1969 military coup led by Mohamed Siad Barre, constitutional governance was suspended. A new charter, the 1979 Constitution, formalized the socialist one-party state. It concentrated power in the presidency and eliminated meaningful political pluralism. The collapse of the Somali state in 1991 left the country without an effective national constitutional framework for two decades. A breakthrough came in 2012, when Somalia adopted the Provisional Federal Constitution during the transition to the Federal Government. The document was explicitly described as provisional. It anticipated amendments, clarifications, and eventual completion through political dialogue and parliamentary procedures. The current parliamentary actions should therefore be seen in that context. They are part of a constitutional process that was always meant to evolve. Constitutional change is not a violation of the system. It is the system. Comparative constitutional scholarship consistently shows that constitutional systems mature through amendment and interpretation. The United States Constitution, for example, has been amended 27 times since 1787. India’s constitution has been amended over 100 times. Constitutional development is normal in democratic life. Constitutions Are Not Sacred Texts One troubling aspect of the current debate is the tendency of some actors to behave as if the Somali constitution belongs to them personally. That view misunderstands constitutional governance. A constitution is not scripture. It is a political contract. It reflects power balances at a particular moment in history. As societies evolve, constitutions change. Legal scholars call this constitutional adaptation. No political faction can legitimately claim authorship of the Somali state itself. The republic precedes all current political actors. Our generation merely inherits the responsibility of improving it. Personal Reflections from My Academic Engagement My own interest in constitutional governance is not new. While studying international law at the University of Melbourne Law School, I engaged closely with the Centre for Comparative Constitutional Studies (CCCS), one of the leading academic institutions examining constitutional design and reform around the world. During that period, I organised and participated in several discussions and forums examining Somalia’s constitutional transition and federal design challenges. These conversations were not partisan exercises. They were academic attempts to understand how fragile states build workable constitutional systems. That experience reinforced an important lesson. Constitutions succeed not because they are perfect on paper. They succeed because political actors learn to work within them. Elections, Representation, and “One Person, One Vote” The constitutional debate cannot be separated from the upcoming Somali elections. Somalia has long aspired to transition from its clan-based indirect electoral model toward universal suffrage, commonly described as one person, one vote. This principle was strongly emphasised during discussions among international partners and Somali policymakers. In a video clip shared in the heading of this post, Michael Keating, former UN Special Representative for Somalia, discussed this very issue in 2020. His message was balanced. He supported universal suffrage. Yet he also stressed the importance of building the necessary infrastructure first. Electoral institutions, voter registration systems, security arrangements, and administrative capacity must exist before such a system can function properly. The remarks still remain valid. Keating’s remarks reflected a broader international consensus. Democracy requires institutions. Without those foundations, electoral reform risks becoming symbolic rather than effective. A Realistic Optimism Somalia is still rebuilding. That reality requires both patience and seriousness. Yes. There are elements of the current constitutional process with which many citizens. myself included, may disagree. Debate is healthy. Criticism is necessary. But politics should not collapse into permanent obstruction. Our responsibility is larger than the daily noise of political competition. Nations are not built through social media outrage or factional mobilisation. They are built through institutions, compromise, and gradual reform. Somalia has travelled a long distance since the state collapse of 1991. Imperfect progress remains progress. A Note to the Opposition Opposition movements play an essential role in democratic life. They check power. They raise concerns. They represent alternative visions. But effective opposition must also be historically grounded and politically realistic. Somalia’s political future will not be secured through maximalist positions or personal rivalries. It will require a collaboration model, where political actors recognise the shared interest of preserving national unity and strengthening state institutions. History offers many lessons. Countries that emerge from prolonged conflict succeed when political elites choose cooperation over permanent confrontation. Somalia should not be an exception. Looking Beyond the Politics of the Day In a previous post I noted the availability of a useful book explaining how governments actually work. The Somali School of Government explains why understanding institutional processes matters. Too often public debate becomes detached from the realities of governance. A functioning state is not built overnight. It requires legal frameworks, administrative systems, public trust, and political maturity. The Somali constitutional process is one part of that larger journey. We should critique it where necessary. Improve it where possible. But we should also recognise its importance. The constitution does not belong to any politician. It belongs to the republic. And the republic belongs to all Somalis. Somalia’s constitutional debate will continue. That is normal. What matters is whether the debate strengthens the republic rather than weakening it. In that sense, Somalia’s current constitutional moment should be understood with realism and perspective. It is imperfect. It is contested. Yet it is also necessary. And ultimately it remains the shared constitutional framework of Somalis as they continue the difficult work of rebuilding their state. The futu… This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit somalia.substack.com