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June 29th 2011 at the Meridian Hotel, Nairobi - Kenya
The panel discussion commenced shortly after 1.00 pm following an opening prayer. The invited participants were drawn from the business community, media fraternity, women rights lobby groups, intellectuals, Diaspora community and non-governmental organizations.
All the participants having briefly introduced themselves, the executive director of National Civic Forum (NCF) thanked them for honouring the invitation despite the short notice given and apologized for that. After welcoming them, he summarily explained the history of NCF as a non partisan, non- political organization formed by a cohort of scholars to create an avenue to facilitate the sharing and exchanging of ideas by the Somali civics and scholars with a purpose of promoting peace-building and reconciliation efforts in Somalia.
One of the founding scholars of NCF noted that the Somalis are on the eve of commemorating the 51st anniversary since independence on July 1st, 2011 and asked the questions: “Can we really rescue ourselves? What is next for Somalia?” He regretted that the Somali leadership and the international community are putting more attention to the emerging political events like the transitional dilemma and loosing sight of the general objective of attaining peace and stability in Somalia. To achieve this, he called for the collective search of short-term solutions by the Somalis themselves and he hoped that this approach would in the long run lead to the attainment of the long term solution of achieving a national political order in Somalia.
MEDIUM TERM FOCUS: TOWARDS A SMOOTH TRANSFORMATION OF TRANSITIONAL PHASE.
NCF Board Chairman who was the main facilitator requested the participants to narrow their discussion to the main agenda which was, Medium Term Focus: Towards a smooth transformation of transitional phase .He categorically identified three focus issues and the participants were divided into three groups, each group to tackle one particular issue and present their findings in plenary.
GROUP ONE
ISSUE: Reform of the Transitional System
üWhat are the key issues?
üWhat is the best approach for tackling each of them?
This particular group suggested that reforming the Transitional Federal Institutions (TFIs) is paramount and the TFIs themselves should carry out these self reforms. One of the recommended reform steps is the reduction of the transitional parliament.
While commenting on this proposal, a participant noted that reducing the number of the legislatures should be done in a manner that enables the retention of few and quality ones. The clans should be asked to cooperate in this exercise as the parliamentarians are appointed by their clans.
Another participant questioned the group members on how best to ensure the quality of the executive but it was communicated that streamlining the parliament will by default touch on cabinet ministers who also double up as parliamentarians.
One participant totally disagreed with the idea of reforming the TFIs and argued that the charter which gives the TFIs lifeline ought to be reformed since it is the source of all inefficiencies of the TFIs.
Ending the TFG’s term by August 2011 or extending it by another one year and in the meantime starting a fresh reconciliation conference was also recommended by a participant who brands efforts of reforming the TFIs by the TFIs as baseless and time wasting.
A participant claimed that reforms within the Transitional Federal Institutions (TFIs) is not feasible and instead recommended a new reconciliation conference organized by the Transitional Federal Government (TFG) aimed at building a new government for Somalia.
On reconciliation the group’s suggestion was to organize a local conference where elders take the role of ending the transition period and ending the mandate of the TFG therein.
A participant agreed with this suggestion but added that the TFG has to be convinced to give this role to the elders who shall enjoy the necessary political goodwill from all Somali quarters.
The group members identified the constitution as one of the long term issues in reforming the transitional system. The TFG is to support the constitution making process and later hold a referendum to validate the document .If the prevailing conditions do not permit the conducting g of a peaceful referendum, a Constituency Assembly comprising of elders will endorse the constitution.
GROUP 2
ISSUE: Draft constitution.
üWhat is the most inclusive process for its review and adoption?
- A)Constitution Drafting and Review Process
After deliberating on the matter the group members identified several approaches and actors to make both the drafting and review process all inclusive.
For instance the use of frequent consultative meetings, representative surveys and discussion forums are some of the approaches that ought to be employed to bring on board all the population segments in the writing and review processes.
The most seminal aspect towards a participatory review process is incorporating all the political organs in Somalia. To start with all the TFG arms are very crucial; the autonomous states (the old and the emerging ones) should also be invited into this process. And lastly all the political groupings that operate inside Somalia must also be involved without any conditions. This will not only give the process its deserved scrutiny but also raise the public political conscious and hence heightens participation.
The views of civil society groups, non-governmental organizations, traditional elders, professional bodies, women groups, youth groups, business and the Diaspora communities should also be sourced as this will expand the inclusivity threshold of the constitution review process.
At end of the review process, sectoral experts should be given a chance to fine-tune the draft constitution and make any necessary adjustments so as to reflect the desires of the different sectors in the country. At this point it will also be appropriate to engage the general public in the review process.
- B)Constitution Legitimization and Adoption Process
The group members crafted two possible scenarios that can be used to legitimize and adoption of the draft constitution.
The first option is where the process is guided and framed by the TFG and the draft document is subjected to a public referendum or otherwise a representative council of elders will either reject the document and bring back to the initial review stages or pass it as the country’s supreme document.
Secondly the TFG’s roles in the constitution process is side stepped and an adhoc Constituency Assembly made up of clan elders, civil society members, politicians, the Somali Diaspora, local administrators and all other interest groups hold a general reconciliation conference which will give birth to an interim government. This government will eventually facilitate the referendum process.
- C)Constitution Adoption and Implementation Process
The group members recommended the formation of an independent Constitution Implementation Commission funded by the TFG and the international community that ensures the constitution is implemented to the letter.
GROUP 3
ISSUE: The International and Regional Stakeholders.
üHow best can we utilize their support and minimize their negative influence?
Over the years, the influence and support of the international and regional stakeholders in Somalia has been greatly felt. While some of these actors are genuinely extending their support to Somalia in terms of foreign aid, humanitarian assistance and peace building and reconciliation efforts, there are some whose negative influence greatly reduces the chances of stabilizing the country.
Fortunately though, majority of the Somalis and their leaders can identify the foreign actors with ill motives and public disquiet is constantly seen in the mass media. The Somali government remains the central organ that can utilize the support of the international and regional stakeholders while at the same time minimizing their negative influence.
Highly educated political leaders and technocrats who can digest the intrigues and behavior of actors in the international system are needed to run the Somali government. Such leaders are highly placed to clearly comprehend which actors mean good for the country and which ones are destructive. The government of the immediate former prime minister was applauded for its highly educated technocrats and such government was believed to be the best that could represent Somalia in the diplomatic arena. The country should have an independent Public Service Commission which recruits the Somali scholars, the elites in the Diaspora and the competent local human manpower into the government. Such government will be in a better position to take part in the international affairs and remain diplomatically alive.
A comprehensive foreign policy was also recommended as a strategy that can help get the support of the regional and international actors while minimizing their negative influence. Different strategies for each actor would be adopted to maximize their support and minimize their negative interference. It was also recommended that the government pick credible international and regional partners whose support and friendship is reliable. This creates a win-win situation where all relating actors have their interest taken care of.
To supplement the diplomatic efforts of the government, the group members recommended the establishment and utilization of vibrant lobby groups based in different countries that agitate and champion for the national interests of Somalia.
Other than the government, prominent Somali personalities such as sports and music celebrities should also be used to lobby for the interests of the country in the international scene and this can also help to positively brand the country abroad.
To avert the negative influence and get the support of the international and regional stakeholders during this transitional period, there is need for the Somalis to organize, fund and set the agenda for a national reconciliation conference inside Somali which is devoid of foreign interference. The government should independently facilitate the preparation of this conference.
While commenting on the recommendation of the group members, a participant opposed the reference of regional and international actors as stakeholders in matters of Somalia. He preferred them to be referred as states with interests claiming it is only Somalis that can be stakeholders.
Another participant however argued that the regional and international stakeholders play crucial roles in Somalia. For instance, foreign aid, humanitarian and security assistance are some of the contributions of the international and regional actors. He therefore called for diplomatically trading with these actors and knowing who is the friend and foe of Somalia.
Another participant blamed terrorism and piracy as the two major issues which result to the suspicious and frosty relations between Somalia and the international community. Some of the regional blocks are concerned with the chronic insecurity and terrorism threats from militant groups in Somalia which can destabilize the whole region. She challenged the local Somali administrations to fight these vices before pointing fingers to the international community.
She believed that once these two issues are dealt with, Somalia will have many reliable partners and sound international relations.
A participant suggested that addressing the concerns of the regional and international stakeholders who are involved in the matters of Somali can relax the strained relations between these actors and Somalia. Some of them have genuine concerns which can be addressed amicably and soberly without compromising the national interests of the country.