Constitutionalism in Somalia: debates and discourses, 1960-2012

Abstract

Since her independence in 1960, the Republic of Somalia was a constitutional democratic state with a constitution approved through a referendum. From 1960 to 1969, the constitution got rid of a civilian, legislative governance structure and the protected human rights under the rule of two consecutive and democratically elected governments. In 1969, bloodless military takeover took place and suspended the constitution. Today, Somalia is a typical case of total state collapse in the modern society. There are major indicators of this problem including numerous cruel conflicts, the terrible humanitarian condition emerging from the collapse of community service delivery, the unlawful activities of suspected rebel groups within Somalia and the participation of Somalia neighbouring countries. The main objective of the study was to evaluate the constitutionalism debates and discourses in Somalia so as to resolve the continuous conflicts within the state emanating from different platforms and ensure to establish a concrete constitution and legal structures in tandem with the international standards that the people of Somalia can govern themselves with. The study also sought to provide an overview of the constitutional processes that has been employed over the years in Somalia; to analyze the various constitutional debates and discourses that has taken place in Somalia; and to interrogate strategic measures and difficulties experienced in the implementation of the constitution. The study has been organized into five chapters with each touching on specific topic. In chapter One, it’s the introduction of the study, chapter Two gives an overview constitutionalism, chapter Three provides debates and discourses related to Constitutionalism in Somalia, chapter Four gives a critical analysis of the debates and discourses in constitutionalism in Somalia and Lastly, chapter Five gives a conclusion of the entire study with some key recommendations.