For far too long we have waited for a brighter day to illuminate the darker spots of our history; a history which on the face of it seems entangled and intertwined with ill gotten gains and rustic fables of old. And on this sudden bright day when the sun seems to shine brighter than usual, there is no room for complacency and error.
Read This: http://hiiraan.com/op4/2013/jun/29688/in_response_to_mohamed_a_hussein_s.aspx
The momentum of history is still on the side of the newly elected administration in Jubaland, and despite the seemingly unrelenting posturing of the Federal Government and contradictory statements of the international community over the pertinent matter of governance, one must not ignore one undisputable fact in amongst it all, one enshrined in the United Nation Charter and the Provisional Constitution of the Federal Republic of Somalia and a key principle of agreement of all parties concerned; namely, the principle of self-determination and self-governance.
One thing is for sure, the provisional constitution for the Federal Republic of Somalia is deeply flawed and was almost certainly set up to fail.
It would be almost laughable if it wasn’t already pitiful for the manner in which it effortlessly and glaringly tries to appease and/ or pit clan interests against one another.
That being said, one must remain objective in circumstances like this if only to retain some element of sanity as one peruse through intricate and deeply held emotions for and against the notion of the recently declared Federal State of Jubaland of the Federal Republic of Somalia.
he issue of legality
The rule of law is the very underpinning of any civilised society on the planet.
As such, the primary source and causeway of information we may take heed off, as there exists no legislative framework to expedite research, is the provisional Constitution of the Federal Republic of Somalia.
In it, however deliberatively vague in its content, we find prime articles of importance both for and against the principle, namely the creation of regional federal states.
On my part, I find solace and validation for the creation of the Federal State of Jubaland of the Federal Republic of Somalia in the following articles and accompanying questions:
Article 46: *The Power of the People
(1) The power of self-governance begins and ends with the people
Article 49: The Number and Boundaries of the Federal Member States and Districts
(6) Based on a voluntary decision, two or more regions may merge to form a Federal Member State.
Article 64: The Number of the Members of the House of the People
(1) The members of the House of the People of the Federal Parliament shall be elected by the citizens of the Federal Republic of Somalia in a direct, secret and free ballot.
I highlight the three aforementioned articles from the provisional Constitution of the Federal Republic of Somalia, as a coherent and cohesive testament for the righteous stance taken by the people of the Federal State of Jubaland.
Article 46 (s1), vests all power in the people in so far as self-governance is concerned, not the Federal Government or Parliament currently in place; for as one reads article 64 (s1), the members of the house of the Federal Parliament MUST be elected by citizens in a *direct*, *secret* and free ballot, which in an absolute way supersedes article 49 in its totality (which is the only statutory provision seemingly favoured by proponents of the view of the Federal Government.
(I find article 48 (s.2) to be ambiguous and thus serves nobody’s argument.) The questions for the Federal Government are hereby set forth:
To what end does the proposition made by the Government to appoint fact finding missions and commissions alike serve their purpose if the primary objective as agreed and codified in the Provisional Constitution is the enactment of a law by the House of the People of the Federal Parliament [see Article 49 (3), especially in light of article 64 (s1) and the decision to form a Federal State MUST be *voluntary *(Done or undertaken of one's own free will)* *in nature?
Moreover, can an unelected Federal Parliament enact any laws contrary to the provision which affords direct, secret and free elections of members of parliament to the people?
Furthermore, can the will of the people (which must be voluntary) be superseded by the will of the Government [which is unelected in its current form]?
My answer to these questions is a resounding NO.
Article 46 (s1) is of profound importance and must be held up high by the people of the Federal State of Jubaland and likewise, in light of the profound and legitimate rights afforded to the people of the Federal Republic of Somalia under the provisional Constitution, these rights MUST be upheld by the Government in a fair and non-discriminatory manner.
An Opinion Article by: Liibaan Axmed, LLB (Bachelor of Laws)