No Transparent Constitutional Review Process
By this time next week, Somalia's federal parliament should be moving into recess, following an unexpected parliamentary extension into Ramadan. Villa Somalia had promised a complete parliamentary review of the first four chapters of Somalia's Provisional Constitution by 15 March, but this seems increasingly unlikely. The review process instead stalled on Chapter 2, with the joint parliamentary session required to review Chapter 3 only reaching the necessary quorum on 6 March.
Even if Somalia's Upper and Lower Houses succeed in reviewing all four initial chapters by mid-March, it is highly unlikely they would have time to vote on any or all of the proposed amendments. And this is a 'big if,' as it has recently been reported that only some 40 Members of Parliament (MPs) showed up to vote over the past two weeks, though some legislation was nonetheless passed. As Ramadan nears, it seems increasingly improbable that a quorum can be reached to complete the review of the first four chapters during this session.
Analysts are now reporting that at least some of the most controversial of the May 2023 National Consultative Council (NCC) proposals are being integrated into Chapters 1-4 of the Provisional Constitution by the Independent Constitutional Review and Implementation Commission (ICRIC), with Oversight Committee (OC) review and approval. These likely include language pertaining to extensions of Federal Member State presidential elections to November 2024, as well as a one-person, one-vote system. If the contentious NCC proposals are indeed adopted, it would suggest a transition to an OPOV system by the 2026 presidential election. It is highly unlikely that the necessary mechanisms to achieve this would be feasible within that timeframe. Consequently, we could expect a return to an indirect negotiated election, which would in essence contravene the newly amended Constitution.
The first four chapters of the Provisional Constitution currently under review are the Declaration of the Federal Republic of Somalia; Fundamental Rights and Duties of Citizens; Land, Property and Environment; and Representation of the People. From what we have learned, well over 100 proposed amendments are being considered in the first four chapters alone. While some international partners are particularly concerned about the rights of children and women, other controversial sections will surely surface once the revised text is made accessible-- beyond parliament-- to all groups required to be engaged per the 24 January procedures. Questions on how just two parties would be eligible to run in elections, or how precisely the proposed 'closed-list proportional representation' system would operate are still unclear.
Beyond the release and translation of the first four amended chapters of the Provisional Constitution, those involved in the review and approval process should expect to lay eyes on a 'drafting report' that clearly describes the process of making changes to the 2012 document. Members of the current ICRIC and OC are considered the most proficient and collegial group of constitutional experts Somalia has seen to date.
Still, it is widely understood that these crucial committees have not been provided sufficient technical legal assistance to most effectively turn political proposals and outdated provisional sections into clear and understandable constitutional language. The lack of technical assistance in the drafting of the National Consultative Council (NCC) proposals was blatant in their contradictory nature. In fact, we should anticipate the ultimate release of multiple sections of the revised Provisional Constitution that are simply not implementable without subsequent debate, as well as judicial consideration.
Similar to a dearth of adequate technical support for the review process, there has been insufficient financial and political support for a full set of consultations with non-governmental actors. The 24 January procedures require that academics and civil society, including women, minorities, and representatives from less prominent regions of Somalia, be consulted in preparing the amended Provisional Constitution. Instead, a few hastily arranged meetings with pre-determined participants who were already supportive of the NCC-proposed electoral changes were convened in Mogadishu.
While it is reasonable to hope for a clearly amended Provisional Constitution moving ultimately towards finalisation over the coming months and years, it is not reasonable to expect the first four chapters to be approved over the coming days. There are many questions still to be answered, many processes— and texts-- to be made transparent, and complex procedures to follow to ensure that Somalia's constitutional review process is both legal and constitutional in itself. Rather than clarifying existing questions about the country's foundational text, the current constitutional review process is raising many more.
If public consultations aren't completed, parliamentary debate isn't fully carried out, quorum procedures aren't respected, and amended text is not circulated and carefully considered, this will turn into an illegitimate process. International partners should, therefore, seek to slow the rush, insisting that the law is respected, debate is allowed, and agreed-upon procedures are followed so that an emerging legitimate Constitution is not tarnished for political gain before it has even been created.
By the Somali Wire team
Gain unlimited access to all our Editorials. Unlock Full Access to Our Expert Editorials — Trusted Insights, Unlimited Reading.
Create your Sahan account LoginUnlock lifetime access to all our Premium editorial content
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.
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.
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.
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).
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.
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.
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.
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.
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.