by Abdirahman Yusuf Ali
Sunday March 19, 2023
The Founding Principles of the
Provisional Constitution envisage a ‘participatory consultative and inclusive
government’ in order to ‘ensure accountability, efficiency and responsiveness
to the interests of the people.’ Furthermore, enacted legislation such as the
Public Finance Management Act entrenches this constitutional dictate in the
management of public resources.
The framers of the constitution
contemplated this sense of participatory and inclusive government informed by
the need to entrench democracy and open up governance to every citizen.
Emerging from a dark history of military dictatorship that culminated in a
three-decade civil war, Somalis were cautious in designing a constitution which
cushioned the country from future autocracy.
Despite these crucial
safeguards, subsequent governments have hardly considered public inclusion in
the business of governance. In line with Uistaag Dadka iyo Dalka platform
compaign of “ Danta guud ayaa ka horeeysa danaha qaaska ah” and to envisage the need of public
participation in Somalia government, lets lights up the improper to get it
fixed
Public Finance
Management
The concept of statehood is
anchored on a donation of power and authority from the people to a select group
of individuals who are either elected or appointed. These individuals are then
vested with these powers and authority to manage the affairs of the state on
behalf of its subjects. It follows therefore that those tasked with this
responsibility are also obliged to consult the citizens on how they intend to
manage resources. In Somalia, the Provisional Constitution express, the Public
Finance Management Act demand that the government seeks the input of the public
in appropriation and spending of public money. This include seeking the
thinking and comments from the public for instance during the budget making
process, determination of projects to be funded within a particular fiscal
period among other imperatives.
The Federal Parliament passed
a $970 million for the 2023 fiscal year following a submission for approval by
the Council of Ministers. This is by far the largest budget vote in Somalia’s
history yet the public had no substantial input. There were no visible and
witnessable public participation sessions either in Mogadishu or at the Federal
States level. This effectively means the budget was drawn by few
technocrats, reviewed at ministerial level and transmitted to parliament which
hardly subjects the process to in-depth scrutiny and connectively There is
no excuse for inclusive public participation in Somali’s public Finance
management - Accountability and tranprancy is number one crucial elements
in functioning governance and Presedent Hassan should revisit this and fix it
Governance and
democratic processes
Another key area which calls
for robust public participation and engagement is deliberation on governance and
democratic processes. This includes for example the choice of an electoral
model, the composition of constitutional bodies, constitutional review process
among others. The constitutional review process in particular is an area which
demands active participation and input from the public. Although there were limited
of public engagements during the previous administration, the process was
marred by conflicts between the Ministry of Justice and the Independent
Constitution Review Commission (ICRIC) on which entity had the mandate to conduct
the process. By law, the ICRIC is constitutionally mandated to undertake the
constitutional review process but that role was usurped by the Justice
Ministry. As a result, there are more than three versions of the Provisional
Constitution drafts.
It is therefore incumbent upon
the current administration to get it right once and for all the constitutional
review process by not only widening public participation but setting the record
straight on which mandated body should lead the process. Critical also for Somalia
now is the electoral formula for the 2024 elections. The two administrations
since the formation of the internationally recognized government in 2012
relegated the electoral question to the last half of their terms thus failing
to agree and develop an acceptable and functional electoral model. President
Hassan Sheikh Mohamud should now seize the earliest opportunity to open up
public debate and engagements on which electoral model Somalis want. This
includes reviewing the Elections Act to ensure it captures the aspirations and
desires of all Somalis.
Environmental
impact assessment
International best practices
demand that the public should be widely involved in decision-making regarding
the development of properties whose functioning could pose a significant impact
on the surrounding community. This could include the setting up of factories,
dams, and mining sites among others. Of note is that these projects need not
necessarily be implemented by the government to require public participation.
Specialised government agencies can also institute public participation
regarding the development of private-sector projects in the interest of the
public.
Moving forward:
the Federal
Government and Federal Member States must embrace public participation as an unavoidable-important
component of their governance. It builds public confidence in the government,
promotes transparency, tackles corruptions and group & personal interests and
instils discipline in the management of public resources and affairs.
Abdirahman Yusuf
Ali is Social and Peace activist runs Uistaag Dadka iyo Dadka platform. he can be reached at [email protected] or [email protected]