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The Constitution of Somalia Remains Draft More than A Decade

The draft Constitution of Somalia was developed by the Constitutional Commission between 2010 and 2012 and was approved by the National Constituent Assembly in August 2012. However, its adoption has been delayed due to political instability and disagreements between different political actors in Somalia.


In fact, the process to finalize the draft Constitution of Somalia became long and complex one, with numerous challenges and obstacles that have prevented its completion. Some of the main reasons why Somalia has been unable to finalize the draft Constitution include:

1. Political instability: Somalia has been affected by political instability and conflict for many years, which has made it difficult to establish a stable government and political system. In such an environment, it can be challenging to build consensus on a new Constitution that reflects the needs and aspirations of all stakeholders.

2. Clan-based politics: Somalia's political system is based on clan affiliations, which can make it difficult to build consensus on a new Constitution that is accepted by all clans. Different clans may have different views on issues such as federalism, power-sharing, and resource allocation, making it challenging to agree on a new Constitution.

3. Lack of resources: The process of finalizing a new Constitution requires significant resources, including funding, technical expertise, and a robust legal framework. However, Somalia is a poor country with limited resources, making it challenging to invest in the necessary infrastructure and support systems needed to finalize the draft Constitution.

4. External influences: Somalia's political situation is often influenced by external actors, including neighboring countries and international organizations. These external influences can sometimes interfere with the process of finalizing the draft Constitution, as different actors may have different interests and priorities.

Despite these challenges, there have been some efforts to finalize the draft Constitution in Somalia, including the establishment of a Constitutional Review Commission (CRC) in 2016. The CRC has been working to finalize the draft Constitution, but progress has been slow due to the challenges outlined above.

Finalizing and adoption of the Federal Constitution of Somalia has been a key milestone among other priorities including realization to conduct one man one vote election and the security sector reform for the last governments elected through parliamentary vote in 2009, 2012 and 2017.  

In conclusion, Somalia's inability to finalize the draft Constitution pose challenge on the possibility to achieve good governance through inclusive political participation, reliable security and sustainable economy.

Addressing these challenges will require significant efforts from all stakeholders, including the government, civil society, and international partners, to build consensus and create a stable political environment that can support the finalization of the new Constitution.

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