Editor's Note: The full title of the Press Release from the TFG President Sheikh Sharif Ahmed's office is as follows: "
Ratification of the New Constitution and Ending the Transitional Mandate Will be Determined by the Entire Transitional Federal Institutions"
(Mogadishu, Somalia September 1, 2010) Sharif Sheikh Ahmed, President of
Somalia, spoke today in the capital city of Mogadishu on the Draft Constitution
that has been presented by the Independent Federal Constitutional Commission.
In his statement to the media, the president noted that "drafting a constitution
for a new Somalia is a solemn national undertaking which must be transparent
and beyond reproach to ensure that the constitution is vested with legitimacy."
President Sharif Sheikh Ahmed also stated that – "to suffice as the constitution
of Somalia, the final draft must embody the aspirations and interests of
the Somali people, a task that can only be achieved through broad public
participation."
In acknowledgment of the hard work and efforts of the Independent Federal
Constitutional Commission in producing the draft constitution, President Sharif
Sheikh Ahmed observed that "while the draft constitution is an improvement
over the current Transitional Federal Charter, it still requires further scrutiny
and input from Somali citizens, legal experts, Islamic scholars, and members
of parliament to ensure that it is a true expression of the will of the Somali
people." To further this objective, the President proposed the formation of a
National Advisory Council consisting of members of parliament, legal experts,
Islamic scholars, cultural experts as well as citizenry.
President Sharif Sheikh Ahmed cautioned that "the draft constitution, and
the ratification process should not be subjected to political manoeuvrings
by Somali politicians, or subjected to arbitrary deadlines set by non–Somali
actors, no matter how well intentioned, because the immense sacrifices of our
martyred Ministers and Members of Parliament and the ongoing sacrifices of
our soldiers obligate us to demand nothing short of an untainted, Somali driven,
and Somalia-centred constitution."
On the other hand, outlining the most credible process that a new a constitution
could be adopted the President stated, "A Constitution to be a genuine national
founding document, it has to be approved through national referendum.
Therefore, securing conditions that will lead to nation-wide referendum should
be the top priority of the government – and the key is stabilizing the country."
If force majeure or conditions beyond its power prevents the Transitional
Federal Institutions (TFIs) to hold national referendum, the Parliament, using
the legislative powers vested on it by the Charter, may need to consider
amending the 1960 Constitution -- which was endorsed in a nation-wide
plebiscite in 1961 -- adding what is missing such as federalism and the
adoption of Islamic jurisprudence – the decision however is Parliament's," said
the President.
Speaking of ratification of the new Constitution and the way forward after the
end of the mandate of the Transitional Federal Institutions in August 2011, the President emphasized that "the Transitional Federal Government – including
the President, Parliament and Council of Ministers – have not yet formally
agreed on the modalities and processes in which the new constitution will be
ratified."
As its apparent in the 1960 Constitution as well as the Interim Charter,
constitutional bodies particularly the Cabinet is required to submit a policy
or action-plan and the parliament has the constitutional mandate to enact
laws needed for the ratification of the Constitution and how to terminate the
transitional period. Such laws will only have legal effect when the President
sings them.
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Contact –
Communications Directorate: media@presidency.gov.so
Office of the President
Transitional Federal Government (TFG)
