Issue No. 671

Published 17 Apr 2024

Crunch Time: The Looming Confrontation over HSM's 'Reforms'

Published on 17 Apr 2024 13:49 min

Crunch Time: The Looming Confrontation over HSM's 'Reforms'

 
Somalia's President Hassan Sheikh Mohamud (HSM) is facing growing pressure to suspend the highly controversial amendments to Chapters 1-4 of the Provisional Constitution. The end of Ramadan has heralded the return of several Federal Member State (FMS) leaders to Somalia, and with their arrival, the crisis arising from the rushed constitutional 'review' process is coming home to roost. While Villa Somalia has remained staunchly opposed to negotiations with its public critics, it is becoming increasingly apparent that it may be forced to make concessions and open up the process to genuine, broader consultations if it wants to retain any kind of support within the FMS administrations.
 
Last week, HSM flew to Nairobi to meet the titular head of the Somali opposition, former President Sheikh Sharif Sheikh Ahmed. By most accounts, the closed-door meeting did not go well. Sharif doubled down on his position, faulting both the manner of HSM's attitude to the opposition and the Federal Government of Somalia's (FGS) whole approach to constitution-making.
 
In a public statement following the meeting, the former president said he and HSM failed to see eye-to-eye on all the three issues on the agenda-- the constitutional amendments, the current trajectory of the Somali state and the FGS-Puntland dispute. Sheikh Sharif, looking visibly glum in pictures circulated on social media, appeared especially irked by the optics. For some, the spectacle of two Abgaal/Hawiye leaders discussing weighty national issues has stuck in the craw, with other Somali leaders and clans with legitimate interests and stakes excluded. Indeed, Sharif was further quoted by a close aide as telling HSM that "these are not clan issues; they are national issues that must be addressed in a coherent fashion and inclusively, involving all the stakeholders." Disappointed with the outcome, the Somali president left for Mogadishu without the political prize he was seeking.
 
Regional leaders, who initially endorsed elements of HSM's changes in May 2023 through the National Consultative Council (NCC), have since privately rallied around Sharif's core message – a pause of the review process, a halt in the implementation of the changes and the establishment of a genuinely inclusive national dialogue. A disaffected opposition is now closing ranks and working to formulate a unified response. South West State leader Abdiaziz Laftagareen is in Nairobi and is expected to join Sharif and other leaders in the coming days to unveil a joint platform and possible alternative routes.
 
Meanwhile, according to media reports, President Said Abdullahi Deni of Puntland and President Ahmed Islaan Madoobe of Jubaland met this week in the UAE, the first encounter between the two former allies in a year. Details of their meeting are still unknown, and it remains unclear whether the meeting came at the behest of the Emiratis, who enjoy close relations with both men, or whether the Somali politicians initiated it. If the meeting was focused on reconciling Madoobe to Deni's steadfast opposition, then it is sure to have significant ramifications for HSM's constitutional reform agenda.
 
Since his return to office in May 2022, Villa Somalia has heavily relied on Jubaland to counter the narratives that its policies are alienating the Darood. A tentative thaw in recent frosty relations between Puntland and Jubaland is certain to complicate matters for Villa Somalia, especially if Madoobe joins Deni and Sharif to publicly demand a more inclusive electoral, political and legal reform process. There remains significant public sympathy for Puntland in Jubaland, with the two regions making up the heartland of the Darood clan family as well as being strong proponents of federalism. A protracted crisis that drives Puntland further from the Somali federation and the perception that Villa Somalia's reform is re-centralising the Somali state, consolidating Hawiye 'hegemony' and marginalising the Darood will further increase pressure on Madoobe to ditch Villa Somalia in favour of the burgeoning Deni-Sharif-led opposition camp.
 
Witnessing the opposition coalescing, on Tuesday, 16 April, Villa Somalia called regional leaders to a two-day meeting in Mogadishu, 20-21 April, to discuss the stalled military campaign against Al-Shabaab and the constitutional review process. Despite Puntland's recent withdrawal of recognition of the legitimacy of Mogadishu's authority and continued absence from the NCC, Puntland President Said Abdullahi Deni is the first name on the formal letter of invitation. At the time of writing, no FMS leader has responded to the letter. The attempt to pre-empt the massing coalition may be too late, however, amid growing reports that a joint statement by regional leaders is in the offing. This will likely include a disavowal of the recently adopted amendments to the first four chapters of the provisional constitution.
 
Instead of a genuinely inclusive national debate on proposed changes, Villa Somalia has opted for a narrow, highly controlled and rushed exercise. Worse still, the federal parliament, intended to be a critical check on the executive, was strong-armed and bribed into endorsing the massive, unimplementable changes. So far, the amendments have not been published in the official gazette – a legal requirement to realise them as the new law of the land. This may well be deliberate, a signal that HSM is offering room for dialogue and possible negotiation. But again, this is itself a problematic proposition and a contravention of how the Provisional Constitution should have been ratified.
 
A broader point is worth restating. Bull-dozing change and reform by executive fiat is a risky gamble in Somalia, where consensus is a rare yet critical prerequisite for the country's development. That the amendments are now being robustly challenged by a diverse array of Somalia's political constituents is no bad thing, hoping, of course, Villa Somalia has woken up to the reality that it cannot continue on its current course.
 
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