By Abdullahi Hussein
Monday October 30, 2023
Upon
independence in 1960, the Somali Republic adopted a parliamentary
system of government with an executive prime minister and ceremonial
president. The system worked well until the army forces led by Major
General Siad Barre overthrew the government and replaced it with a
dictatorial system of government which was ousted by rebels in 1991.
When the TFG was formed in 2000, nonetheless, the parliamentary system
of government was restored. That system of government is still in place
and the current FGS has a prime minister and president. However,
President Hassan Sh. Mohamoud has voiced his concern about this hybrid
Parliamentary-Presidential system and expressed his desire to do away
with the prime minister’s post and replace it with an executive
president and vice president. In this short piece, I shall shed light on
the pros and cons of this current hybrid system of
presidential-parliamentary vis-à-vis presidential system in light of our
recent history and experiences.
President
Hassan Sheikh Mohamoud has expressed his desire to replace the current
hybrid system with a presidential system in order to get rid of the
constant rifts between presidents and prime ministers and thereby allow
governments to complete their terms. A presidential system may provide
stability in terms of allowing governments to complete their term,
however, it has its drawbacks. First, an executive president may become
so unrestrained given the institutional weaknesses of our judiciary and
parliament. Second, Somalis have the tendency to resort to violence,
especially, when there is a feeling that the government has exceeded its
term or authority. These two realities when combined create a dangerous
cocktail that could ignite a civil war.
Another
reason why President Hassan Sh. Mohamoud wants to have a presidential
system is, perhaps, to become more effective in decision making and
policy implementations. It was the military regime of Siad Barre that
first introduced the presidential system with several vice presidents
after overthrowing the parliamentary system of government led by Prime
Minister Egal in 1969. This system is by nature more effective in both
decision making and policy implementations. However, decisions made
under a presidential system may not be as sustainable, in the long-run,
as compared to those made under parliamentary system since the former
lack public discourse and consensus-building processes. In contrast,
decision making and implementation processes are painstakingly slow in
the parliamentary system since the process is consensus-based and takes
into account wishes and views of coalition partners.
Since
independence, Somali judiciary has historically been weak and will
remain so in the foreseeable future. In both Somalia and Somaliland, for
instance, the president has the power to appoint and dismiss judges in
supreme court, including the chief justice. Therefore, the Somali
judiciary is not the forum where people, including politicians, feel
that their disputes could be fairly settled.
How Hybrid System Saved Somalia from Civil Wars
There
was a political deadlock between President Abdullahi Yusuf and an
opposition group---Alliance for the Re-Liberation of Somalia (formally
the Union of Islamic Courts) ---when Prime Minister Nur Adde tilted the
balance in favor of the opposition and thereby paving the way the forced
resignation of President Abdullahi Yusuf in December 2008. Without PM
Nur Adde’s courageous political move, the country may have plunged back
into full-scale civil war.
There
was also a recent political quagmire in the country when President
Mohamed Abdullahi Farmajo attempted to postpone the presidential
election and unlawfully extend his term in office. The opposition
members, including the incumbent President Hassan Sh. Mohamoud,
displayed a credible threat of force through Badbaado Qaran---a
move that put the country on the brink of civil war. If it were not for
the patriotic move of Prime Minister Mohamed Hussein Roble to put a
stop to President Farmajo’s plans, the country may have plunged back
into protracted civil war.
Somaliland’s Presidential System and its shortcomings:
After
separating from the rest of the Somali Republic, Somaliland has adopted
a Presidential System. The system has been very stable since every
government, except the first one, not only completed but also overstayed
its term:
Abdirahman Ahmed Ali (Tur): 1991-1993
Mohamed H. Ibrahim Egal: 1993-2002
Dahir Riyale Kahin: 2002-2010
Ahmed Silanyo: 2010-2017
Muse Bihi: 2017-now
However,
Somaliland’s presidential system manifested stress and its weakness got
exposed during President Muse Bihi tenure in office. Because of his
selfish and reckless transgressions, President Bihi steered Somaliland
in uncharted waters and threatened its stability and harmed its
reputation. For instance, he willfully derailed the presidential
election scheduled to take place in November 2022. Moreover, he added
insult to injury by unsuccessfully attempting to delegitimize opposition
parties. Furthermore, he naively sidestepped Somaliland-Khatumo
agreement signed by Ahmed Silanyo and Ali Khalif thereby leaving people
in Sool region no other option but to take up arms against Somaliland. Because
of this bad experience under President Bihi, there has been discussions
among Somaliland intelligentsia on whether Somaliland should move to
the hybrid system, currently practiced by Somalia, in which power is
shared between the president and prime minister.
It
is really strange that Somalia is considering moving to a presidential
system while Somaliland is going the opposite direction. There is a
Somali proverb: “Geel geel waydaartay waa geedo la’aan” which
roughly translates into “when camel herders looking for greener posture
move their camels into each other’s turf, there is no greener posture
to be found anywhere.”
This
vividly demonstrates that after sixty-three years of independence, we
are still looking for a governance model that can satisfy our Somali way
of life vis-a-vis state power.
In
this juncture of its history, Somali government(s) need more than
anything else a governance system that accommodates consensus-based
decision-making processes. Furthermore, in the absence of an independent
judiciary that can fairly settle disputes and restrain the powers of an
executive president, the current hybrid system is perhaps the only
safety valve that may stop us from falling back to our Somali way of
settling our differences in the battlefield.
Abdullahi Hussein lectures on Public Policy.
He can be reached at [email protected]