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| Augustine Mahiga |
Open
letter to Somalis by Augustine Mahiga ,UN Special envoy to somalia
As-Salaamu
Alaikum,
My
friends, we now find ourselves at a decisive moment in the Somali peace
process. Since I last wrote to you all in March, a number of remarkable
developments have taken place. We are very close to witnessing one of the most
significant political events in a generation: the adoption of a provisional
draft constitution by a Somali National Constituent Assembly (NCA). The road
that led us here has been difficult, with many bends, bumps and no shortage of
obstacles. But the Somali people have worked hard to overcome these challenges
and their efforts have begun to bear fruit. On 22nd June 2012 the signatories
to the Roadmap process signed the provisional Somali Constitution at the
Principal’s meeting in Nairobi.
The
draft text will be submitted in mid-July 2012 to a National Constituent
Assembly representing the full spectrum of Somali society and in turn selected
by a group of 135 traditional Elders representing all of Somalia’s clans in
accordance with the “4.5 formula”. The Principals also agreed on a number of
mechanisms to help move the process forward in the small amount of time left
before the Transitional period expires on 20 August, including creation of an
International Observer Group and a series of protocols establishing a Technical
Selection Committee, a Signatories’ Technical Facilitation Committee, the
National Constituent Assembly and the New Federal Parliament.
Each
of these bodies has an important “quality control” role to play in safeguarding
the political process and ensuring the adoption of the provisional constitution
and preparation for elections by the new Parliament of the President, the
Speaker and his or her Deputies.
The
adoption of the provisional constitution will indeed be a watershed. But here,
let me make an important point: this approval will not be the end point of the
constitutional process but the beginning of a new chapter. The Somali people
will have ample opportunity to provide input and amendments to the document in
the post-August period ahead of a public referendum to be held before the end
of the new parliament’s first term. The draft constitution is fully compliant
with Islamic law and written by Somalis after consultation with Somalis,
specifically through the Independent Federal Constitution Commission and the
Committee of Experts.
The
international community has assisted with funding and has provided expert
technical advisors who have developed constitutions in other countries, such as
Afghanistan, Iraq, Nepal, Indonesia and South Africa. It is a living document
which provides a framework to end the transition as foreseen by the Mbagathi
and Djibouti Agreements of 2004 and 2009 respectively. Critically, it will also
set the stage for the establishment of permanent institutions, such as National
Federal Parliament, the Executive and an independent Judiciary.
The
provisional Constitution will provide the base for future progress and
development. It will protect human rights, ensure adequate women’s
participation and guarentee fundamental freedoms without discrimination on the
grounds of race, colour, gender, language, religion, political or other
opinion, origin, or other status.
The
end of the transitional period will be an important benchmark, but it is time
for us all to begin to look past 20 August and think about the future political
dispensation of Somalia. The international community continues to stand
shoulder to shoulder with our Somali sisters and brothers. At recent major
international conferences and meetings in London, in Istanbul, in Addis Ababa,
in Nairobi and in Rome the message has been uniform and crystal clear—THIS is
the moment. We must work together to seize this golden opportunity for peace.
The world is looking to the future of Somalia and sees a state that serves the
Somali people with effective governance through representative, inclusive and
accountable
institutions at all levels.
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