Ratification
of the New Constitution and Ending the Transitional Mandate Will be
Determined by the Entire Transitional Federal Institutions
(Mogadishu,
Somalia September 1, 2010) Sharif Sheikh Ahmed, President of Somalia,
spoke today in the capital city of Mogadishu on the Draft Constitution
that has been presented by the Independent Federal Constitutional Commission.
In his statement to the media, the president noted that “drafting
a constitution for a new Somalia is a solemn national undertaking which
must be transparent and beyond reproach to ensure that the constitution
is vested with legitimacy.”
President Sharif
Sheikh Ahmed also stated that – “to suffice as the constitution
of Somalia, the final draft must embody the aspirations and interests
of the Somali people, a task that can only be achieved through broad
public participation.”
In acknowledgment
of the hard work and efforts of the Independent Federal Constitutional
Commission in producing the draft constitution, President Sharif Sheikh
Ahmed observed that “while the draft constitution is an improvement
over the current Transitional Federal Charter, it still requires further
scrutiny and input from Somali citizens, legal experts, Islamic scholars,
and members of parliament to ensure that it is a true expression of
the will of the Somali people.” To further this objective, the President
proposed the formation of a National Advisory Council
consisting of members of parliament, legal experts, Islamic scholars,
cultural experts as well as citizenry.
President Sharif
Sheikh Ahmed cautioned that “the draft constitution, and the ratification
process should not be subjected to political manoeuvrings by Somali
politicians, or subjected to arbitrary deadlines set by non–Somali
actors, no matter how well intentioned, because the immense sacrifices
of our martyred Ministers and Members of Parliament and the ongoing
sacrifices of our soldiers obligate us to demand nothing short of an
untainted, Somali driven, and Somalia-centred constitution.”
On the other
hand, outlining the most credible process that a new a constitution
could be adopted the President stated, “A Constitution to be a genuine
national founding document, it has to be approved through national referendum.
Therefore, securing conditions that will lead to nation-wide referendum
should be the top priority of the government – and the key is stabilizing
the country.”
If force
majeure or conditions beyond its power prevents the Transitional
Federal Institutions (TFIs) to hold national referendum, the Parliament,
using the legislative powers vested on it by the Charter, may need to
consider amending the 1960 Constitution -- which was endorsed in a nation-wide
plebiscite in 1961 -- adding what is missing such as federalism and
the adoption of Islamic jurisprudence – the decision however is Parliament’s,”
Said the President.
Speaking of
ratification of the new Constitution and the way forward after the end
of the mandate of the Transitional Federal Institutions in August 2011,
the President emphasized that “the Transitional Federal Government
– including the President, Parliament and Council of Ministers –
have not yet formally agreed on the modalities and processes in which
the new constitution will be ratified.”
As its apparent
in the 1960 Constitution as well as the Interim Charter, constitutional
bodies particularly the Cabinet is required to submit a policy or action-plan
and the parliament has the constitutional mandate to enact laws needed
for the ratification of the Constitution and how to terminate the transitional
period. Such laws will only have legal effect when the President sings
them.
Contact: media@presidency.gov.so