Issue No. 652

Published 23 Feb 2024

No Straightforward Constitutional Review Process

Published on 23 Feb 2024 13:28 min

No Straightforward Constitutional Review Process


Somalia is in the midst of a process to finalise its Provisional Constitution. Over a decade has passed since it was first adopted in August 2012, with successive federal administrations promising, and failing, to review and finalise the country's supreme document. The current episode, though, is no simple review process but rather more like a process of production. Dozens of articles have been revised, and nearly 100 paragraphs have been amended in the most substantial constitutional reform since 2012. There is nothing insignificant nor uncontroversial about the National Consultative Council's (NCC) proposed changes on top of the already highly complex process.

In considering the constitutional process, it is important to revisit the scope of the original NCC proposals, as announced in May 2023. These included one-person, one-vote elections by the end of 2024; closed list proportional representation and a single national constituency; limiting the number of political parties to two; harmonising dates of Federal Member State (FMS) elections and granting FMS presidents' term extensions toward this end, and shifting from a hybrid to a presidential system. Leaving aside the likely challenges inherent in most of these proposals, it is also critical to focus on the process by which these proposals are currently being considered.

On 24 January 2024, Somalia's bicameral parliament adopted a set of procedures intended to guide the passage of the NCC proposals and recommendations for changes to the Provisional Constitution of 2012, including some of the most contentious involving FMS power-sharing, taxation, and public financing.

More specifically, the procedures include several points that should be highlighted. The Constitutional Oversight Commission (OC) is tasked with both summarising suggested revisions to the Provisional Constitution and consulting with Parliament. It is also required to "inform the public of the related proposals and reports, providing sufficient opportunities as possible for public hearing." To comply with this stipulation, the OC must submit a report to both government and non-governmental offices and organisations, including Somali scholars, civil society, and other specialists, for their feedback within 30 days. Over the past week, a handful of individuals and civil society groups have convened at the Hotel Jazira in Mogadishu at the behest of the federal government to discuss the tabled changes, but this is hardly enough to be considered a substantive "public hearing."

Once the public has been consulted and revisions summarised, the Independent Commission for the Review and Implementation of the Constitution (ICRIC) must then consider their submission within another 30 days. Only after these reviews and consultations can the proposals be tabled in parliament for debate chapter by chapter according to a clear schedule. This is a process one might assume should take many months or longer, not just a few weeks. Yet by the end of March, the debate over the amendments to the Constitution's fourth and final chapter is meant to have concluded. This is despite every Member of Parliament (MP) having allotted time to speak. The coverage of these debates itself has also faced accusations of misrepresentation. When the former federal President and current MP, Sharif Sheikh Ahmed, rose to condemn the amendments, Somalia's state broadcaster cut away.

Only if a proposal receives the support of a simple majority (50+1%) of the total number of MPs can it be officially added as a change to the text of the Provisional Constitution. The approval of the final changes that end up in the Provisional Constitution will require the support of 2/3 of the total members of both parliamentary chambers. But given the ongoing challenges of ensuring parliamentary attendance, let alone concerted scrutiny of legislation, this could present a real problem.

Only once every amendment to the draft Provisional Constitution and every proposal of the NCC has been fully considered can parliament approve the finalised version. It is then delivered to the President for signing before being published in the Official Gazette. As per the 24 January procedures, the final draft of the Provisional Constitution would then come into full legal effect on the date of publication. But there is nothing in the 24 January procedures that stipulates when or how the finalised Provisional Constitution can be presented to the country for a public referendum for their approval. And this can only be accomplished after the contentious constitutional provisions concerning Somaliland and all FMS, including Puntland, have also been resolved.

Given the deep uncertainties and contested elements of the proposals, it is clear that there is much left to be done. The finalisation of the Provisional Constitution has been an aspiration of successive administrations, but the manner in which they have been tabled and debated is alarming. The process cannot and should not be rushed, with Somalia's political divisions now facing further rupture.

The process outlined by the 24 January procedures has been far from sufficiently transparent. It is not only the process that remains opaque; both the substantive legislative language of the changes being proposed to the Provisional Constitution and the current language of the NCC proposals are not readily accessible for scrutiny. This is no simple 'review' process but the production of the finalised Provisional Constitution, with substantial changes and significant additions. And this process does not appear to be subject to clear and effective oversight, as required by the 24 January procedures.

The precise content of the tabled amendments to the Provisional Constitution must be accessible to all, not just a select few. Somalia's civil society, public, and all political stakeholders should have opportunities and access to consider and debate the shape of the country's politics and direction for a truly legitimate outcome.

By the Somali Wire team

To continue reading, create a free account or log in.

Gain unlimited access to all our Editorials. Unlock Full Access to Our Expert Editorials — Trusted Insights, Unlimited Reading.

Create your Sahan account Login

Unlock lifetime access to all our Premium editorial content

You may also be interested in

Issue No. 966
A New Spring in His Step: How HSM Engineered His Rebound
The Somali Wire

Today marks exactly two months since Somali President Hassan Sheikh Mohamud (HSM) unveiled his unilateral one-year term extension. While it is too early to draw definitive conclusions, HSM has evidently survived, rebounded, and consolidated power in ways that defy earlier predictions. A leader whom many had been wont to dismiss as too tarnished to retain executive power beyond May 2026 remains firmly in the saddle, holding the political initiative and dictating terms. His opponents, meanwhile, are in deep disarray. Their cohesion is fracturing, they lack a coherent, unified strategy, and they are locked in a dialogue of attrition designed to wear down their will and force their capitulation.


24:38 min read 16 Jul
Issue No. 965
The Somaliland-Ethiopia MoU: Ethiopia Missed a Milestone While Somaliland Avoided a Historic Mistake
The Somali Wire

The Somaliland–Ethiopia Memorandum of Understanding (MoU) was hailed as a historic breakthrough. In reality, it was a strategic gamble built on contradictions—and its apparent failure may prove to be a blessing in disguise for Somaliland and Ethiopia.


6:03 min read 10 Jul
Issue No. 964
Part II/The Human Rights Deficit in Somalia's New Penal Code
The Somali Wire

For the first time in over six decades, Somalia has overhauled its foundational criminal law - the 1962 Law No. 5. Now awaiting parliamentary and presidential approval, the Draft Somali Penal Code (SPC) nonetheless struggles with multiple hurdles and will likely face significant objection, not least, from Somalia’s Western partners and liberal-minded younger generation of Somalis disappointed with the new text’s failure to break away from its historical illiberal roots.


16 min read 08 Jul
Issue No. 963
Part I/The Fault Lines in Somalia’s Penal Reform
The Somali Wire

The Federal Government of Somalia (FGS) has published a new Draft Somalia Penal Code (SPC) - marking its first comprehensive legal overhaul in 64 years. The 136-page draft was first submitted to Parliament in January 2026 and underwent its first reading but the process of endorsing it became entangled with the escalating electoral and constitutional dispute, forcing the government to shelve it. The changes aim to update the 1962 Law No. 5 Penal Code and codify Islamic criminal law (uqubat). If endorsed by parliament and approved by the President, they will formally embed the three pillars of the Sharia punitive framework into the statute - fixed punishments (hudud), retributive justice (qisas), and statutory judicial discretion (ta'zir).


16:49 min read 03 Jul
Issue No. 129
Centring North Eastern Kenya - The Rise Of Kenya's Ethnic Somalis
The Horn Edition

A president does not pay a visit to Wajir by accident. When William Samoei Ruto chose Wajir as the centre stage for Kenya’s Madaraka Day celebrations on 1 June — the first sitting president to do so — he was not merely varying the ceremonial calendar. He was making a premeditated statement about who belongs at the centre of Kenya’s state and who no longer belongs at its margins. The message was not merely ‘taking Nairobi to NorthEastern.’ It was the centring and mainstreaming of an ethnic Somali-dominated region that, for much of Kenya’s post-colonial history, has been treated as a security issue rather than a political constituency.


28:45 min read 26 Jun
Issue No. 962
Somaliland’s Recognition Angst
The Somali Wire

Somaliland President Abdirahman Irro’s trip to Israel in June (from 14-17) was far more than symbolism. Not only was it a calculated strategic diplomatic play, and a chance for Somaliland to appear on the world stage, but also an opportunity for Somaliland to present itself as a fully-functional state, able to conduct foreign relations and cut bilateral deals. Irro, a seasoned former diplomat, navigated the intricate demands of state protocol with remarkable ease - cutting an immaculate, regal figure in his navy-blue suit. Accorded full head-of-state honours, he laid a wreath at the Theodore Herzl mausoleum, engaged in high-level talks with President Isaac Herzog and Prime Minister Benjamin Netanyahu, opened the new Somaliland embassy in Jerusalem and convened meetings with Knesset members, senior officials, and business leaders. For Israel, hosting President Abdirahman Irro in Jerusalem functioned to signal its strong commitment to deepening strategic ties while also countering perceptions of waning diplomatic momentum.


22:37 min read 24 Jun
Issue No. 961
Deciphering Al-Shabaab's Radio Silence
The Somali Wire

Never interrupt your enemy when they are making a mistake. Napoleon Bonaparte’s classic rule of combat seems to be the guiding doctrine behind Al-Shabaab’s sudden, uncharacteristic radio silence as Mogadishu’s political elite tear themselves apart. As the ‘government-in-waiting’, one would have assumed the militants would take full advantage of its adversaries’ internal divisions, maximising the propaganda opportunities this offers, and campaign for their own cause. Typically quick to weaponise any intra-Somali division, the militant group's decision to sit out the latest intra-Somali fracturing is intriguing. By withholding its usual blitz of propaganda, the group is playing a longer, quieter game - waiting for the federal house to implode further before stepping in.


20 min read 17 Jun
Issue No. 960
The Galmudug Vote – The Next Powder Keg
The Somali Wire

While much international attention is on Mogadishu – understandably so - another electoral crisis is brewing in the regional state of Galmudug. Historically unstable, prone to Al-Shabaab violence and destabilisation and wracked by chronic inter-clan frictions and periodic armed hostilities, the looming vote appears likely to aggravate the situation and foment more divisions.


7:13 min read 10 Jun
Issue No. 959
Mogadishu on the Edge: The Danger Has Not Passed
The Somali Wire

Two days of heavy clashes (3–4 June) in the Somali capital, Mogadishu, between federal troops and opposition-aligned forces have underscored both the fragility of the city’s security environment and the volatility of electoral politics. Although relative calm has since returned to the two hardest-hit districts - Hawl Wadaag and Abdiaziz - and mediation efforts have intensified, tensions remain high, fuelling fears of renewed armed skirmishes. Credible reports of mass clan militia mobilisation on the edges of Mogadishu speak to a conflict that is widening. The militarisation of politics and elite fragmentation over the electoral process have shattered a core assumption: that Somali leaders will ultimately step back from the brink to negotiate a way forward. Consequently, the country is entering a perilous phase in which domestic factions alone cannot resolve the impasse, making neutral, external mediation a necessity.


10:12 min read 08 Jun
Scroll