REPORT OF THE PUBLIC FORUM HELD ON DECEMBER 13TH 2008 AT THE SILVER SPRING HOTEL, NAIROBI 

 

Both the TFG and the ARS expect the Civil Society representatives in Government to be the best. The NCF convened a Round Table Discussion on December 6th 3008 to discuss the efficacy of Civil Society participation in government and the Mechanism for participation. This Roundtable convened on December 13th 2008 was to provide a Forum for an in depth discussion on the Civil Society participation in the Somali peace and Political process.

 The two political protagonists in the Djibouti process are having difficulties carrying their memberships along and have yet to ratify the agreements already made. Disputes and divisions within the ranks characterize relationships within both the TFG and ARS.

The return of Sheikh Sharif to Mogadishu after two years was well received and is seen as a positive forward step for the peace process. His declaration of support for an all inclusive process that includes the participation of Civil Society including women has shown his commitment to the peace process.

Civil Society must urgently embark on the process of selecting its representatives to Government especially since it has the responsibility to promote Good Governance, the rule of law and to protect human rights. These values will find little promotion into the final agreements unless Civil Society effectively plays its role in Government.

This Round table was convened to discuss and propose the effective mechanism for civil Society participation, criteria for the selection of representatives and the questions of the accountability of its representatives in Government.

A Mechanism characterized by broad geographical coverage, Sectoral representation in which both the organized and un-organized civil Society are members does stand a high chance of being objective. The Civil Society Forum with some capacity building measures can adequately play that role.

Individuals with proven historical relationship to civil Society, who are capable of representing the Civil Society position are well educated and have a deep understanding of the politics of Somalia, may be nominated by other for consideration to represent Civil Society in Government.

The entire Civil Society Forum is seen as representative of the Civil Society Constituency and may be the activated to as the Mechanism to which the Civil Society representatives in Government may be accountable. The Representatives will be required to be conversant with and adhere to the Code of Conduct and abide by a legal obligation.

Fifteen members were selected to attend a two-day Workshop that will deliberate on the Draft Civil Society Agenda in the Governance of Somalia between December 21st and 22nd 2008.

2.0        BACKGROUND

The National Civil Forum (NCF) Round Table debate forum held on December 6th 2008 at the Silver Spring Hotel Nairobi concluded that Civil Society has a responsibility to participate in Government given the dire need of the promotion of values of Good Governance in Somalia, and since it is Civil Society that has remained concerned with these values. The Round Table noted that Civil Society has a responsibility to fill an existing vacuum, establish the foundations for future accountability, and give voice to new leadership and to generally play a positive role through Advocacy.

It was concluded that the Civil Society participation in Political leadership must concern itself with questions of Good Governance, promotion of Human Rights and the Rule of Law. The fact that many Civil Society actors are still unable to show evidence of linkages between their actions and definite audiences was identified as a constraint to participation in government.

The Round Table acknowledged that effective participation by Civil Society in Government would rely heavily on the identification and design of a mechanism that would be seen to be objective for selection of the Civil Society candidates, nomination or election procedures and verification of qualifications for participation.  The Round Table identified a Network with a Sectoral character and Geographical sensitivity as a mechanism that would meet the objectivity required. It was clear that the participants wished to discuss this issue further by the time of conclusion of the day’s Programme Because of the importance of the matter, the Round Table recommended that the identification of the Mechanism and outlining of selection criteria be concluded in the subsequent Round Table.

This Round Table was convened therefore to allow the participants another forum to debate the nature and structure of an objective mechanism by which Civil Society can effectively participate in the improvement of the lives of the people of Somalia through government. The Round table sought a wider participation and a direct involvement of people within Somalia in the discussions.  Indeed, the Round Table also sought to enhance the quality and duration of debate by adopting more involving formats. In that respect, the Round table also sought to extend the potential role and responsibility of the Somali Civil Society beyond the on-going Djibouti Peace Process and to encompass the entire scope of Somali peace and political initiatives.

3.0        INTRODUCTION

The National Civic Forum (NCF) supports all stakeholders in their efforts to establish and advocate for an effective mechanism for local, regional, national authority and international community and for the respect of human rights and development.

 

 

The aims of the NCF include:

a.      The generation of ideas relevant to the Transitional Federal Government’s mandated period and beyond; and to make the ideas the basis for new public debates and discussions on the welfare of the Somali people.

b.      Dissemination of ideas through the mass media and publications

c.       Persistent and positive engagement of the Transitional Federal government, the Somali Society, and International community, particularly those interested in the welfare of the Somali Republic.

4.0        METHODOLOGY

4.1       Objectives

This Round table was convened with the overall Goal of allowing the participants to conclude the debate on the objective Mechanism for the participation of the Somali Civil Society in Government and the identification and recommendation of selection criteria necessary for the true reflection of Civil Society representation in Government. The specific Objectives included:

1.      To lay the foundation for an extended Civil Society Role and responsibility in the Somali Peace and Political process

2.      To recap and make an analytical conclusion on the Peace and Political process covering Djibouti, Mogadishu, the rest of Somalia and the Somali nation in Diaspora as it relates to Civil Society participation in Government

3.      To propose the Mechanism for the objective participation of the civil Society in government

4.      To propose Criteria for the objective selection of Civil Society representatives in government

5.      To propose the objective Mechanism for the accountability to Civil Society of the Civil Society Representatives in government

6.      To propose the next steps

4.2       Participants

This Round Table had the participation of Academicians, Civil Society Organizations leaders, Students, Intellectuals, Business people, Media practitioners, Peace Activists, Women Activists, Youth Activists and Professionals. They came from inside Somalia and the Somali Diaspora. Six of the participants were women.  

4.3       Venue

This Round table was held in the Ostrich Hall of the Silver Spring Hotel. The venue was larger than the Sunbird Hall where previous Round Table discussions had been held. The Ostrich Hall was also more easily accessible to the participants than the Sunbird Hall but shared the same attributes[1].

4.4       Discussion Format

There were two plenary and one Group work Sessions during this Round Table. The first Plenary Session was for opening Remarks, introductions, background setting, analytical situation reports and the division of participants into Groups. The reports from the Groups were received during the second Plenary Session.  The reports drew intense discussions. The Participants were divided into three groups randomly formed through a one, two, three… numbering procedure. Each Group had more than ten members. Group one was required to discuss and propose objective method of achieving the mechanism for Civil Society participation in Government. Group two was required to discuss and propose criteria that would be seen as objective for the selection of Civil Society representatives in Government. Group three was required to discuss and propose an objective Mechanism through which the Civil Society representatives in would hold its representatives to Government accountable.

4.5       Facilitation

As during the Round Table held on December 6th 2008, this Round Table was facilitated by Abdi Mohamed (Baffo) - a member of the National Civic Forum (NCF). Abdulrahman Wandati of Wandatinow Development Consultants (WDC) and Mukhtar Hassan Elmi of Somali Consultants Association (SOCA) provided rapporteur services and as in the previous Round tables, recapped for the participants the salient agreements.

5.0       CONCLUSIONS

5.1       Opening Remarks[2]

This Round Table was convened to discuss the Civil Society participation in the Peace and Political process in Somalia. It is important that the discussions extend beyond what is currently taking place in Djibouti because of its own dynamics. In this regard an analysis of the current situation will be very useful to our discussions today. We will ask for volunteers to cover the following areas in their analyses: Djibouti, Mogadishu, the rest of Somalia and the Somali Diaspora

5.2       Analysis of the current situation regarding the Somali

5.2.1         Djibouti[3]

Both parties in discussions (TFG and ARS) appear to have conceded that they have failed to bring their constituents on board to support what they have up to now agreed on. Although recognized by the International Community as the bona fide parties to the negotiations, the TFG and the ARS appear not to be carrying with them the mandate of the Somali people to the talks. Both sides are yet to ratify the proposals regarding delegation or representation. The Media seem to have taken over the role of ratification.

5.2.2         Mogadishu and the rest of Somalia[4]

Sheikh Shariff (Chairman of the ARS) had returned home to Mogadishu. Even personalities known to be his former enemies are among those who welcomed him back. It is clear that he enjoys substantial support. He gave a very interesting speech. He reiterated his commitment to peace and declared his support for the participation of all sectors of the Civil Society including women His return is a step forward and his speech marks the opening of a window of opportunity for the peace process.

There are reported divisions within the ranks of ARS however, while disputes with the TFG are raging over the agreements reached in Djibouti. One of the Media outlets – Bardere radio in the Gedo Region was ordered off the air apparently for including music in its programmes.

5.3       Group Reports and Plenary Discussions

5.3.1         The Mechanism for Civil Society participation in Government[5].

The objective Mechanism for Civil Society participation has to cater for Sectoral and Geographical sensitivities. It must clearly outline its structures and functions while aspiring for effectiveness. The Civil Society Forum and the Non-State Actors Platform are two among existing Structures of the Somali Civil Society that could be activated to serve the role of the Mechanism.

A number of critical issues have however to be considered in order to make the structures the viable Mechanism for the effective participation by Civil Society in Government. These issues include the following:

1.      The proposed structures are not inclusive

2.      Un-organized groups such as traditional Elders, Religious Groups and Community –Based Organizations (CBOs) are not represented

3.      The proposed structures suffer from poor communication and lack feed-back processes

4.      They suffer from a low capacity

There is an urgent need for the assessment and determination of the limitations and gaps inherent in the proposed structures. The need to enhance the capacities and communication systems of the structures is equally urgent if they have to serve their proposed purpose. The proposed mechanism must embrace the non-organized civil Society as well and ensure the active participation of both the organized and un-organized Civil Society Groups within the Sectoral and geographical categorization. It may not be possible to come up with the most perfect mechanism given the time frame in which the Civil Society must send representatives to the Government. Of the two proposed structures, the Non-State Actors platform remains less understood by the majority of Civil Society and appears to be externally motivated.

5.3.2         The objective criteria for the selection of Civil Society representatives in Government[6]

The objective selection criteria must cover the backgrounds and qualifications of the potential candidates. The criteria must be developed through an objective Mechanism and the Civil Society’s expectations on its representatives must be made clear to all. The background of those to be considered must include a proven history of involvement in the Civil Society, a justifiable interest to participate in Government, willingness to accept the responsibility and being a proponent of moderate ideas. They must also have capacity to effectively make quality contributions and propose new ideas. Proven knowledge of Somalia and its politics, and ability to represent Civil Society should equally be important considerations.

Proven Leadership skills, Solid education credentials, moral rectitude, known propagation of Good Governance ideals, identification with the ideals and vision of Civil Society and experience of at least 10 years in the Somali Civil Society are objective qualifications that should be considered for selection. As representatives of Civil Society, they must have a proven record of promotion of the rule of law.

Proposals from other than oneself should be a primary objective Mechanism for selection. Civil Society representatives in Government must be selected from across the Sectors of Civil Society. The Civil Society representatives to Government will be expected to promote the ideals of Good governance, defend the Civil Society positions, believe in Democracy and report back to Civil Society. They can be selected through Networks.

5.3.3         Mechanism for holding the Civil Society representatives in Government accountable

The Mechanism for accountability encompasses a clear understanding of the Constituency to be represented by the Civil Society representatives, Organs to which they will report, how frequently the reporting would be, the formats in which the reports would be and the final repository to which the reports would be archived.

The accountability Mechanism would have to be legal for it to connect the representatives to the Civil Society. The Mechanism would be inspired by the Code of Conduct by which the values of the rule of law, human rights and Good Governance will define the representatives’ accountability to the Civil Society. The Mechanism must promote the idea of the Civil Society Agenda.

The Somali Civil Society Forum in which all the Somali Civil Society Organization (characterized by the inclusion of all Sectors and a broad geographical coverage) are members is the Constituency to which the Civil Society representatives in government must report. In that respect, the Forum for Somali Civil Society will be the Organ to which the Civil Society representatives in Government will report. The reporting will be continuous and will be both in the written and oral forms. Debates to be carried out through the mass Media will enhance dissemination. The reports will be archived at the Somali Civil Society Forum Secretariat.

6.0        NEXT STEPS[7]

Although nobody has tasked the National Civic Forum with the responsibility to select the Civil Society representatives in Government, we have no doubt that both the TFG and the ARS expect the Civil Society to send the best of their members. For the time being however, the NCF sees a need to host a two-day workshop for the development of the Draft Civil Society Agenda. For this workshop we require a number of not more than 15 participants[8]. We propose therefore that you reconvene into your Groups and select five people from each group to attend the workshop.


8.0        FORUM PROGRAMME

The Programme for the Public Forum on the Criteria for the Civil Society Participation in the Somali Peace and Political Process held on December 13th 2008 at the Silver Spring Hotel, Nairobi

Time

Activities

10.00 – 10:30  a.m

Arrival and Registration

10:30 – 10:35  a.m

Opening verses from the Holy Qur’an

10:35 -  10:45  a.m

Introductions and Recap of the Previous Forum Highlights

10:45 – 12:00  a.m

Analytical presentation of the current Situation

12:00  a.m – 1:00 p.m

Group work

1:00 – 2:00  p.m

Lunch and Dhuhr Prayers

2:00 – 4: 30  p.m

Group presentations and Plenary Discussions

4:30 – 5:00  p.m

Closing remarks, selection of Workshop Participants and departure

 

[1] For details of these attributes, please see the Reports of the Round tables of November 29th and December 6th 2008

[2] These remarks were made by Abdi Mohamed (Baffo) a member of NCF and the Facilitator of the Round table

[3] This analysis was presented by Omar Mohamed Abdulle

[4] A number of participants contributed on this matter and had difficulty focusing strictly on either Mogadishu or the rest of Somalia. There was no attempt at analyzing the take on the on-goings from the point of view of the Somali Diaspora. The Rapporteurs consequently merged the analysis on Mogadishu and the rest of Somalia.

[5] Group one had to take time off from the Plenary to re-confirm their agreements before representing them to the Plenary. This Section has incorporated what was presented in both instances

[6] Debate on the presentation of Group two centered heavily on the issues of 10 years experience in Civil Society, and how to determine whether a proposed candidate has a criminal past or not and the general notions of Justice and peace The Plenary finally agreed that the role of Civil Society includes campaigning that all criminal be taken to court.

[7] This Session marked the conclusion of the day’s proceedings and it was conducted by Farah Abdiqadir a Member of the NCF

[8] Abdullahi Haider, the NCF Executive Director clarified that the people to be selected were to attend the proposed Workshop at the Lamada Hotel in Ruaraka Nairobi and not to represent the Somali Civil Society in Government.

[9] The task of selecting five persons from each Group was concluded in a fairly short time with the majority of those selected being volunteered by their members. No case of individuals ‘pushing’ themselves forward was reported.