Hassan Dahir Aways, a Somali politician, has produced an audio message intended for Somalia’s youth: youth, according to Aways, is anyone who is under 40 years of age.
The audio was distributed to the media on an important day in the Somali history: a day when young people met and formed an organization that later led Somali people to an independence and unification of two regions, out of five regions inhabited by Somalis in Horn of Africa.
Aways thanked the youth in leading people to an independence, unifying them politically and in working to defeat tribalism and build a unified political state.
This represents a shift in thinking; certain groups, such as Shebab, a group with extremist social and political views, see nationalists of the former days as part of the people to whom they desire to defeat, not people to whom they acknowledge and thank them due to their work.
Aways appears to have left this camp.
Sheikh Aways claims that the laws of the new state, the Somali Republic, were not those of Islam, but those of the colonialists.
Moreover, he claims, people did not know this was so and when they were alerted they thought it was a joke. Thus, they did not mind it.
Some Saflists in Somalia and elsewhere claim that the Constitution of 1960, and other constitutions too, was not in accordance with Islamic laws. This is incorrect.
The Constitution was in accordance with Islamic laws. Evidence: Verse 38, chapter 42nd of the Holy Quran stipulates that the commands, amar, that people ought to obey are those that result from consultation among them. No any other command shall be taken from another human being, but that which has been reached after consultation.
People may dispute about the best way to ensure the commands or the laws people must obey ensue from consultations, but the stipulated end remains that the commands, amar, ought to ensue from consultation among the people. What is negated here is the obedience of commands or laws ensuing from an individual or group, like Shebab saying Sambusa cannot be eaten.
Shura was prevailing in Somalia from 1960-69; the method employed may be disputed but the spirit was consultative, shura, and consensus, ijma, in nature.
Such spirit was not prevailing during the rule of the military junta, nor after they have been removed from power by clan-based groups in 1990s, even though there are some exceptions, especially in the north and now the whole country is moving towards that direction, where a ruler comes and goes as decided by the voters, either directly (like Hargaisa) or indirectly ( like Mogadishu).
To Aways, the Salifst agenda was the establishment of an Islamic state in Somalia, and that goal, according to Aways, has not been reached.
First, many Somalis don’t see the Salafist conception of Islamic state as the Islamic state. Even if an Islamic state is established, to which the majority of the people shall assent to, still the question of power remains: who shall rule this state?
The Answer to this question takes us back to consensus politics, ijma, resulting from consultations, Shura.
Aways misses the most challenging question in Somali political life? Who will rule this country and for how long? Who shall elect this person and how?
Faalo ku Saabsan Cajaladdii Xassan Daahir Aways ee Leegada
Bisha Maajo ama waxa afka Ingiriisiga lagu yeero May, 15keedii, 1943dii, oo hadda laga joogo 71 sano ku dhawaad, wadanka Soomaaliya waxaa laga suubiyay naadi ay leeyihiin dhalinyarada, oo loogu magacdaray SYC, ama naadiga dhalinyarada Soomaaliyeed. Ururkaan aakhirkii wuxuu isku badalay SYL, Leegada ama isbahaysiga dhalinyarada Soomaaliyeed.
Sheekh Xassan Dahir Aways, hogaamiyihii ururka Xibul Islaam, oo cajalad dhalinyarada Soomaaliyeed u soo diray, 15ka bisha Maajo, amin loo dabaal dagaayay halgankii dhalinyarada Soomaaliyeed ee isxilqaantay.
Sheekh Xassan wuxuu sheegay dhalinyaradaan in labo arin oo waawayn ay qabteen.
Midda kowaad, in dalkii gumaysiga ay ka saareen; midda labaadna inay qabyaaladda la dagaalameen, oy isku soo dhaweeyeen shacabka Soomaaliyeed, oo siduu sheegay lala kala qoqobay.
Sheekh Xassan wuxuu sheegay xuriyaddii ay keeneen inay dhinayd, oo wax ka maqnaayeen. Sharciga iyo qaawaaniinta u dagsan wadanka, tusaale ahaan, ma ahayn kuwo waafaqsan Diinta Islaamka, ee waxay ahaayeen kuwii uu ka tagay gumaysiga.
Bil xaqiiqatan Sheekha saas warka uma dhigin, ee wuxuu dhahay sharcigii Islaamka lama hirgalin, asagoo ka soo qaadaaya kii wadanka ka jiray inuu waafaqsanayn shareecada Islaamka.
Bacdi wuxuu sheegay in dad isku xilqaameen in wadanka laga hirgaliyo shareecada Islaamka, dadkaasna so jeedintoodii looga baxay kajan.
Khaladkaan ah in laga soo qaado shuruucda wadanka Soomaaliya inay waafaqsanayn shareecada Islaamka waa mid wadaada Salafiyada qaarkood ay sameeyaan. Marka aan u jawaabo.
Axdigii ama dastuurkii Jamhuuriyadda Somaaliya ee 1960kii, qodobkiisa koowaad, faqradiisa saddexaad waxaa ku cad diinta wadanka inay tahay Diinta Islaamka. Bacdi, sidii gadaal dambaba looga faahfaahiyay, ma jiri karin sharci ama xeer ka hor imaankara kan diinta Islaamka. Sidaas darteed, shuruucda wadanka u dagsan waxay ahaayeen kuwo waafaqsan shareecada diinta Islaamka.
Qofkii dhaha ma waafaqsnayn, caddayn aa laga rabaa.
Xiligii askarta wadanka ka talinaysay tusaale waa loo heli karaa sharci ka hor imaanaayay diinta Islaamka, xeerka qoyska, laakiin xiligii dowladihii shacabka ahaa wali lama caddayn qawaaniin wadanka u dagsan oo ka hor imaanaysay tan diinta Islaamka.
Hadday jiraana Sheekh Xassan ma sheegin, hadduu sheegayna caddayn uma keenin.
Xassan Dahir waxaa ka hoos baxday wadanka inuu xal gacanta ku haayay barigaas, waagii dowladaha shicibka, ama waxa loogu yeero afka qalaad dowlidhii shibilka, kasoo la dhihi karo waa isdoorashada iyo in talada dadka dhex taalay, sida Diinta Islaamka qabto, kuna cad aayadda ama astada 38aad, ee suuradda ama cutubka Shura, ama wada tashiga, ee 42aad; madaxda wadanka waxay ku imaanaayeen rabitaanka shicibka ama iraadada shicibka Soomaalida, waana ku tagaayeen, ma jirin khasab.
Marka xukunka tartan aa loogu jiray, taladana waa la wada gorfaynaayay. Marka aad ay u adkayd in la khaldamo, waayo meesha loo badanyahay aa la aadaayay, wootada ama codaynta aa arintaan kalifaysay, qof walba wuxuu fiirinaa meesha loo badanyahay, bacdina wa halkaas aad, si uu cod u helo. Diinta Islaamka waxay qabtaa caddaalo darro inay noqon karin meesha Ummadda Muslimiinta ay isku raacaan.
Si kale u dhig, ma dhici karin sidii dhacday xiligii Siyaad Barre, in dalka la galiyo dagaal aan si fiican looga doodin, dood lagu raftay lama galin arimihii dagaalkii 77, bacdi waa lagu rafaaday.
Waa jirtay masuq maasuq xiliyadii dowladahii shibilka ahaa, laakiin waxay ahayd arin marka la odoroso la xalin karay.
Waa labo daran mid dooro, masuqmaasuq Iyo kiligii talis ama koox talis yaa daran?
Marka waxa la rabo waa shacab talis, talada waxay dhex taalaa shacabka, siday qabto astada 38aad cutubka 42aad.
Gabogabo, markii la odorosay Soomaalida waxay isku haysato waa la ogaaday waxay isku haystaan: xukun, yaa dalkaan taladiisa ka soconaysaa? Waa taas midd la isku haysto.
Haddii marka qolo ama qof gacanta talada ummadda ku dhigo, filo caddaalo darro, sidii tii dhacday xiligii Maxamed Siyaad Barre iyo kuwii qabiilada ku dhisnaa ee ka dambeeyay.
Xalka marka waxaa waaye waxaa talinaaya dadkoo dhan, talada dadka ay dhex taalaa, siday qabto astada ama aayadda 38aad, ee cutubka 42aad, ee Shuraa, ama wadatashiga.
Sidaas darteed, ay dadka qaarkiis ugu wardiyaan dadka haloo daayo haka tashadeen aayahooda.
Axmed Godane iyo inta la socota waxay ku andacoodaan inay Islaam wax ku xukumaan, haddana Xassan waa la joogi waayay, sababtana waxaa waaye xukunka wuxuu gacanta ugu jiraa qof ama koox, dhibka waa kaas, bacdi waxay suubinaayaan waxay istusaan, bacdina khaladaad tiro badan ay galaaayaan, sababo la xiriira talada oy ku kaliyoobeen.
Haddii laakiin talada ummadda dhex taalo siday qabto shareecada Islaamka, kuna cad aayadda 38aad ee cutubka 42aad, uma badna in khaladaad waawayn la galo, oo saamayn ku yeesha masiirka ama aayaha umadda.
Samatalis Xussayn Xayle
On Thursday, June 5, 2014 4:47 PM, Samatalis Haille <firstname.lastname@example.org> wrote:
Recently more than 100 members of Somalia’s Federal Parliament, MPs, have asked the president to resign. Some of them have even threatened him to bring motion against him so as to remove him from power. From the provisional constitution, PC, point of view this is unlikely.
The president has to commit a treason or gross violation of the laws of Somalia to become eligible for impeachment, per PC: see article 92, sections 14. Neither of which has been established by the MPS in the letter analyzed here.
Moreover, a constitutional court has to weigh the legal basis of the case brought against him before allowing to the motion to be tabled in the parliament, such as court does not exist at this time.
Moreover, the MPs have to secure two third of the members of the parliament, according to the PC, to impeach the president.
The chances of marshaling all those factors is limited due the fact that more than 100 MPs have supported the president, or close to that number, thereby making it impossible to secure even two third of the MPs needed to impeach the President, leave alone to overcome the rest of other obstacles.
International and local forces, people around Mogadishu and their elders, also appear to oppose such move due to various reasons related to continuity of current political systems and distribution of power among clans.
In any case, I have presented here major analysis of the points the MPs have forwarded in their paper submitted to the press and to the President himself.
First, the MPs say the president has promised to deliver on the basis of 6 pillar policy (the pillars referred to here are stabilization of the country, social services, economy, reconciliation, revival of the economy, national unity and creation of international relationships) when he was asking the parliamentarians to elect him. It was expected, the parliamentarians affirm, if these policies were realized, the country would have recovered from the effects of the war sustained more than 20 years.
Response: the expectation itself is incorrect. To expect the effects accumulated for more 20 years of civil war can be remedied in two years or so is unreasonable expectation. MPs, therefore, ought to retract their charge in this respect.
Article one to four, in the letter written by the parliamentarians which consists of 14 articles, make claims and yet supply no evidence or support for them, mere assertions: they say you failed on this, formation of national army, for instance, or on that, social services, Mr. President.
In article three, the MPs refer to a clan conflicts that has already been resolved. How can a clan conflict be a violation of the laws of Somalia by the president that warrant impeachment?
Why the MPs have adopted this method of only making claims and not supporting them is not known, but it is something that does not behoove honorable MPs.
In article 5, the MPS, claim that the government has given key public revenue sources, referring to the sea and air ports to foreign companies to run. Turkish companies run both Mogadishu air and sea ports. These contracts were awarded to the Turkish companies to say thank you to the people and the government of Turkey in helping Somali people when they needed them the most. So, it was not a wise thing to do for the MPs to treat Turkish Companies in such fashion. Of course, they are entitled to ensure the contracts are fair to all parties involved.
The MPs also forget that the Federal Government controls only air and sea ports of Mogadishu and the rest are controlled by local administrations that govern relevant areas. Why have they not raised issues on such matters and focused only on Mogadishu? Are they not Somalia’s MPs?
In article 6, the MPs once again make a claim without support. They have to do their home work or leave it alone. The MPs claimed that the president did not do enough to protect the national unity and the current talks between the government and Somaliland appear to be helping the latter secede from the country.
In article 7, the MPs claim the recognition attained by Somalia’ government after arduous work of moving from the transitional governments to a permanent government is about to be lost. The MPS cite two reasons. First, Somali diplomat was arrested in Nairobi; second, Kenya has maltreated displaced Somalis in Kenya and the Somalis of Kenya. The government did not take drastic action to respond to such situation.
Kenya has apologized for the arrest of the diplomat and the diplomat was arrested only for few hours. I think the question of maltreatment of Somali people is legitimate. The government should have taken more robust response to allay the situation. The parliament can also be accused of not taking robust action to allay the situation: they wrote a letter to Kenya’s parliament to protest against the Kenya’s government behavior in relation to the Somalis.
In article 8, MPs claim the offensive against Shebab was not directed properly and thus Shebab was able to impose embargoes on the areas that they have lost. They have also secured time to organize themselves and as a result they have found a support. Shebab received support because they have portrayed themselves as a fighting force, they imply? It is to up to AMISOM and FGS to answer this question. It does appear to be a legitimate point.
The claim article nine raises is valid. The government did not create a constitutional court even though it was recommended by a conference organized by the president himself, in early April, last year.
Article ten claims that the independent committees promulgated by the constitution to be formed were not formed including anti-corruption committee. In this article the MPs claim some people are pillaging public funds due to the absence of these entities. No evidence was supplied to substantiate this claim. The MPs ought to give up this habit of making claims in the absence of something that supports them.
One again in article eleven, the MPs cite another important commission that was not formed, reconciliation commission but was supposed to be formed per PC. However, the MPs make a claim in this article that was not supported. No reasonable person can accept or critique this claim because no support was given for it: the claim says the president failed to reconcile important actors in the country, such as clans and regional administrations and the government itself. Clans and regional administrations enjoy autonomy and thus they can do as they think is proper. As representatives of all Somalia, what have they done to reconcile relevant political actors? Can I say they too have failed in their mission? For me to do this I have to supply reasons or something that have inclined me to make such statement. Otherwise, I will just be asserting and no more.
In article 12, the MPs claim that no one was arrested for the numerous attacks against public installations carried out, nor anyone lost his or her job for it. The government ought to answer this charge. Based on my own daily collection of data on Somalia, available on my Facebook profile, the claim is partially true. Numerous people were arrested in Mogadishu and elsewhere, however, investigations carried out in relation to major attacks in the country were not shared with the public. The public does not know if such investigations were carried out.
Article 13, the parliament has closed a modern facility that was issuing citizenship in Banadir region to people who are eligible for it, due to an article in PC that says how people will attain citizenship, among other things, shall specified by the MPs by enacting laws. Since laws were not enacted yet, the facility employing large number of people was closed, leaving many people unemployed. The parliament if it cared about the people’s economic situation, they could have done something to solve the challenge. This inclines some people to think the parliament does not care about the people of Banadir region and the same applies to the people who represent this region.
Articles 14, the MPS make just a statement that once again lacks support. The statement is more like a question to the president.
It is clear that no materials were supplied to show the president has committed treason or gross violation of the country’s laws. The PC does not supply specific date for the establishment of the independent committees and a recommendation made by others is not legally binding. Thus, they don’t constitute gross violation of the constitution or laws of the Federal Republic of Somalia.