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2nd Somali Republic

FARMAJO & HSM: TWO DESTRUCTIVE APPROACHES TO SOMALIA’S FEDERALISM

Farmaajo wanted to destroy Federalism by puting puppet regional governors in FMS and conduct sham direct elections to install himself into a dictatorship once again in Somali politics. He didn’t learn from the Civil War. Hassan Sheikh Mohamud wants to use Somalia’s Federalism cleaverly as a weapon to disable it through the so-called “Madasha Qaranka” (National Consultative Forum) composed of the leaders of Federal Government, FMS and, paradoxically, the Governor of Banadir Region. Madasha is an unconstitutional entity whose relevance doesn’t go beyond consultations (it has no legal authority whatsoever in all Federal and State Constitutions). Recent Mogadishu Session of the “Madasha” in which HSM had attempted to weaponize the powers of the FMS against themselves to disable regional judiciary is still fresh in our minds. Only Puntland President, Said Abdullahi Deni, refused to succumb to HSM’s political shenanigans. Nothing will come out of HSM’s sinnister plans to undermine Federalism.

For your information, there is an existing Agreement between FGS and FMS signed in 2007 by the leaders of the Transitional Federal Government, and Puntland State of Somalia, on behalf of existing and future FMS. This was signed by the leaders of TFG, President Abdullahi Yusuf, Prime Minister Ali Mohamed Geedi, on behalf of the Federal Government, and President Mohamud Muse Hersi (Adde Muse) for Puntland.

This Agreement stipulated that the transfer of public institutions, state agencies and infrastructures that come under the jurisdictions of FGS in accordance with the Provisional Federal Constitution, shall wait until the FGS develops institutional capacities and legal framework, including completion of Federal Constitution.

These FMS institutions or agencies included paramilitary forces (Daraawiish), border entry points like airports and seaports, customs, among others. Workers of these agencies of FMS must be paid by the FGS, and until that happens, a FMS shall continue to pay the salaries of these state workers, on behalf of the FGS.

No transfer of tax revenues from a FMS to FGS shall occur until FGS shall assume full responsibilities for running these state agencies that may come under its jurisdictions based on fully agreed Federal Constitution.

This Agreement is valid today as it was in 2007, and the situation of the FGS remains exactly the same.

Until the requirements of this AGREEMENT are met, the Federal Government can’t demand for the transfer or acquisition of airports, seaports, customs from a FMS. Moreover, most FMS public institutions like education, Judiciary etc, are independent from the Federal Government, and unless special arrangements to be agreed upon are enacted, both Federal and state constitutions guarantee that separation of powers.

 

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