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Between Promise and Peril: Somalia’s Struggle to Finalize Its Constitution

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Somalia stands at a critical juncture in its state-building journey as it grapples with the complex and contentious process of finalizing its constitution. Adopted provisionally in 2012 amid ongoing conflict and insecurity, the Somali constitution was meant to be completed by 2016 but remains unfinished, leaving the country’s federal system and political stability hanging in the balance.

 The Promise of Constitutional Reform

The current constitutional review process aims to address Somalia’s longstanding governance challenges by clarifying power-sharing arrangements between the Federal Government and Federal Member States (FMS), establishing a democratic electoral framework, and strengthening institutions. A landmark moment came in early 2024 when Somalia’s bicameral parliament approved amendments to the first four chapters of the provisional constitution, including provisions to shift from a clan-based indirect election system to universal suffrage and to empower the president with the ability to appoint and dismiss the prime minister[3][6].

This shift to a “one person, one vote” electoral model is widely seen as a progressive step toward inclusive democracy and political stability. The government’s National Transformation Plan 2025-2029 further underscores its commitment to reform and development, aiming to build a more accountable and effective state[5].

The Independent Constitutional Review and Implementation Commission (ICRIC) has outlined a three-phase amendment procedure that includes extensive consultations with parliament, government institutions, and civil society to ensure broad participation and legitimacy[1]. Public engagement forums have been held to gather citizen input on key constitutional chapters, reflecting an unprecedented effort to align political reforms with popular aspirations[7].

 The Peril of Political Deadlock and Fragmentation

Despite these promising developments, Somalia’s constitutional reform process faces serious hurdles that threaten to derail the country’s fragile federal stability. The most significant challenge arose in April 2024 when President Hassan Sheikh Mohamud unilaterally pushed constitutional amendments expanding presidential powers, including extending his term and abolishing the prime minister’s position. This move sparked a constitutional crisis, with Puntland’s leadership rejecting the changes and declaring independence, citing violations of their regional constitution[2].

The amendments have been criticized for centralizing power and undermining the delicate clan-based power-sharing system that has maintained a tenuous peace. Opposition from influential actors—including Puntland, Somaliland, former presidents, and civil society—has deepened political divisions and stalled consensus-building[2][6].

Moreover, key institutions like the Upper House of Parliament remain unestablished due to disputes over state formation and representation, weakening Somalia’s federal legislative framework and complicating governance[1]. The constitutional ambiguity around federal member states’ powers and boundaries continues to fuel tensions and governance vacuums, which insurgent groups like al-Shabaab exploit[8].

Voices from Somalia and the International Community

Dr. Hussein Sheikh Mohamud, Somalia’s Presidential Adviser on Constitutional Affairs, emphasized the importance of inclusive dialogue:  

*"These forums are very important as they will align the vision of the political representatives with that of the public. The government intends to engage far and wide on these constitutional amendments to help come up with a better document.”*[1]

The United Nations Assistance Mission in Somalia (UNSOM) highlighted the government’s commitment to the constitutional review and electoral reforms, calling on all stakeholders to resolve differences through consensus:  

*"The next phase of the constitutional review will address complex issues, such as power- and resource-sharing under Somalia’s federal model... all stakeholders must work together to seek consensus.”*[7]

Civil society representatives also stress the need for transparency and inclusivity:  

*"Discussions held here were very helpful. I am happy our recommendations will be presented to parliament. I really hope all our concerns will be heard and incorporated into the constitution.”*


 The Road Ahead

Somalia’s constitutional reform is a defining moment that could either solidify its federal system and democratic governance or deepen fragmentation and instability. The process’s success depends on genuine political will, inclusive dialogue with regional states and civil society, and adherence to agreed procedures for amendments.

The government’s ongoing efforts to engage stakeholders and the support of international partners like the UN and African Union offer hope. Yet, the risk remains that unilateral actions and political rivalries may stall or reverse gains, prolonging Somalia’s struggle for peace and stability.

As Somalia prepares for its first one-person, one-vote elections scheduled for late 2026, the finalization of the constitution is more urgent than ever. It will determine not only the country’s political future but also its ability to overcome decades of conflict and build a unified, prosperous nation.


References:

[1] The Constitutional Amendment Procedure: Analysis and Civil Society Role (Rift Valley Institute)  

[2] Constitutional Crisis in Somalia (Wikipedia)  

[3] Somalia’s Parliament Approves Historic Constitutional Amendments (VOA News)  

[5] Somali Cabinet Discusses Constitutional Reform Progress (Shabelle Media)  

[6] Somalia | The Global State of Democracy (International IDEA)  

[7] UN Press Release on Somalia Constitutional Review (UN News)  

[8] Justice Sector Strategy 2025-2029 (UNDP PDF)


Citations:

[1] THE CONSTITUTIONAL AMENDMENT PROCEDURE: ANALYSIS ... https://riftvalley.net/publication/the-constitutional-amendment-procedure-analysis-of-the-process-and-the-role-and-participation-of-the-civil-society/

[2] Constitutional crisis in Somalia - Wikipedia https://en.wikipedia.org/wiki/Constitutional_crisis_in_Somalia

[3] Somalia's Parliament Approves Historic Constitutional Amendments https://www.voanews.com/a/somalia-s-parliament-approves-historic-constitutional-amendments/7549916.html

[4] Second Interregional Conference on the Somali Constitutional ... https://www.mpfpr.de/2025/02/18/second-interregional-conference-on-the-somali-constitutional-review-process/

[5] Somali Cabinet discusses constitutional reform progress under ... https://shabellemedia.com/somali-cabinet-discusses-constitutional-reform-progress-under-deputy-pm/

[6] Somalia | The Global State of Democracy - International IDEA https://www.idea.int/democracytracker/country/somalia

[7] As United Nations Somalia Mission Draws Down, Speakers in ... https://press.un.org/en/2024/sc15741.doc.htm

[8] [PDF] Justice Sector Strategy 2025-2029 https://www.undp.org/sites/g/files/zskgke326/files/2025-02/justice_sector_strategy_for_somalia_2025-2029.pdf


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