Simple Idea for Somalia's Current Institution Building
Simple Idea for Somalia's Current Institution Building
by Abdullahi
Kulane
December 24, 2013
Somalia turmoil has taken deep root. The current trend of fragile governing structure, corruption, lack of reliable justice system among many other challenges will reverse the progress made thus far by the government. These daunting challenges could take the future of the state into abyss. With honesty political will and skillful structuring system, the country could turn around.
As it’s noticeable on his resume, I am sure the newly appointed Prime minister has the length of experience and educational attainment. Given the weak institutions he inherits, a sort of Neo-patrimonialism in which there is no objective administrative structures and clear cut separation, these are few ideas which should curb much of the fraud, waste, and corruption and promote justice and reconciliation.
Competent Judicial
system
The judicial system in Somalia is
dysfunctional. The justice system needs complete overhaul.
All levels of judicial system must be restored, the lower
court, higher court, and court of appeal. The justice system
is important player in the government’s checks and
balance, for the security of the country, and the safety and
well-being of the society. Without effective judicial
system, higher level political corruption as well as lower
level favoritism exists and will likely be the
norm.
Clearly, as we learned from the past conflicts between the former presidents and prime ministers, which created public furor, and at times, dug out suspicions and revitalized divisions among government branches, similar incidents is likely ahead. These conflicts are merely causes of unclear constitutional interpretation and lack of distinct roles. Over the years, the ever-growing scandal has exposed unsavory and sometimes illegal and sleaze from the political coterie both from the prime minister’s sides and of the president.
The creation of Supreme Court in which five, seven, or nine experienced and competent judges are named by the executive branch and confirmed by the parliament will enhance integrity of our constitution, keep the government in the constitutional framework and protect the citizens from government’s power abuses. These justices will interpret the constitution. Therefore, I will recommend the creation of constitutional Supreme Court.
Reconciliation Commission
The government
should set up reconciliation commission which will consist
of judges and civil society leaders. These commissioners
will have the ability to travel around the country with the
aim of fostering dialogue, and learning the atrocities
committed during the long civil war which engulfed the
country and make recommendation to the president. The
history of what happened, what went wrong is important to
deter similar incidents in the future.
In addition, the commission must conduct active listening, make arbitration, document concessions, and oversee restitutions. Their mandate should be the crimes happened in the civil war era committed with the intent of furthering political cause by an individual or group. Different criminal intents should be for normal court proceedings. The commission will differentiate interests from issues. Interest –based problem solving will work better to reconcile the interests of various groups in the country to obtain a mutually-satisfactory solution. What seem to be intractable conflicts can turn out to be manageable clashes. The reconciliation is not difficult as most of the conflicts in Somalia are not value difference caused with the exception of Alshabab phenomenon. The efforts should be to carry out restorative justice, designed not to punish the wrong-doers, but rather to restore the victims and the relationship to the way they were before the offence.
Corruption
There are many forms of
corruption practices in Somalia’s institutions. These
corruption practices could cripple the government functions,
revive inter-clan conflicts, and deepen the mistrust
currently evident within the society. It also may drain out
funding and will likely to turn off donors generosities. To
eliminate corruption or to reduce it, I would suggest these
ideas:
Reliable Financial Institution
Many of us
went through hundreds of pages of report put together by UN
Monitoring Group. The report detailed when corruption
incidents happened, how it happened, who did it, and
sometimes had clear facts on many of the allegations made in
the report. So far, the government did not harness the
financial integrity, but instead continued towards the
status quo. According to Transparency International, Somalia
is listed as the most corrupted government in the world. Few
months ago, the governor of Somalia’s central bank, Astur,
resigned. In the resignation letter, the former governor
alleged the causes of the resignation to organized tycoons
who threatened her. This notorious group pressured the
governor to accept corruption. Furthermore, the governor
assailed the president for not intervening when it
mattered.
The international community, the donors, as well as the citizens of the state are closely watching the financial integrity and your approach to that sector. There is patronage, clientelism, privatization of state owned properties to political allied businesses. Very soon, the elite cartel will take deep root with an ugly form of even controlling State institution with financial means.
Currently, the only sources of income for the government is the seaport and airport, while the government is streamlining other means of resource mobilization and taxation, the money generated from these points should be collected and managed carefully. The donor funding should be directed to the key government programs. For instance, security, infrastructure, and government institutions should be priorities.
Wealth Declaration Policy
The
cabinet ministers and the directors of government agents
should declare their wealthy before taking oath of office.
This simple gesture will be first step to restoring public
confidence and keeping them in check
Accountability
Mechanism
There must be accountability mechanism in
place for all government branches. Government audit branch
must be created and the parliament must grant them with
enough powers to investigate and prosecute those who
participate in waste, fraud, or corruption of public
resources.
National Tax Agent
National Tax Agent
should be created with powers to collect and enforce tax
codes and laws. Perhaps, the parliament needs to develop tax
code suggested by your office or the finance minster. The
tax code should clearly state the taxes which federal
government should collect. At this time, there are no tax
codes adapted. Whatever government collects is unlawful and
unless there is a fair tax code adapted by the parliament,
it can be challenged in a court of law.
Monetary
Reserve Board
The board will create monetary
policies, print money, and will look into overall health of
the economy and make policies that guide the banking
systems. The parliament can only create such an agent with
the president’s suggestion when you recommend to
him.
Government Contract Policy
The government
must have contract policy which is fair for all. All
government branches should follow the guidelines of this
policy. If necessary, special agent under the prime Minister
or President’s office should be created. Fair, open, and
transparent bidding process for all government contracts
will prevent corruption. It will eliminate nepotism, and
streamline good governing structure and trustable
institutions.
In nutshell, Mr. Prime Minister, your new administration should take different approach, build up the justice system, encourage reconciliation, and strengthen the government institutions to limit corruption. These simple ideas could frame your policies. We are all closely watching the development in the country and will be delighted to see better Somalia in the near future.
Abdullahi Kulane is a blogger based in St.Cloud, Minnesota.