Constitutional Review Support Project (CRSP)

Support an effective, transparent and accountable constitutional review process, through strengthening inclusive political processes at all levels, to develop a new NEWS LETTER social contract that meets the needs of Somali people January - March 2019

CRSP - News Updates In this Newsletter Tribute to Abdirahman Hosh, late Federal – Tribute to Honourable Adirahman Hosh Jibril, late Minister of Minister of Constitutional Affairs Constitutional Affairs – Completion of Technical Review of The United Nations Development Programme in Constitutional Chapters (6 to 9) Somalia extends its deepest sympathy and condolences to the Federal and people of Somalia, on – Project Board Meeting for the tragic passing of Honourable Abdirahman Hosh Constitutional Review Support Project Jibril, Minister of Constitutional Affairs of the Federal – Joint Working Retreat of Constitutional Government of Somalia. Review Bodies on review roadmap th Minister Jibril passed away on the 8 March in Dubai – UNDP Facilitates Retreat for and was laid to rest at a ceremony in Constitutional Review Bodies in attended by President Abdullahi Farmajo and Prime Djibouti on developing a strategy and Minister Hassan Ali Khaire. action plan for public consultation Minister Abdirahman Hosh Jibril was appointed as the process Minister of Constitutional Affairs in 2017, and from – Opening of the new Independent 2011 to 2012 he served as the Minister of Constitutional Constitutional Review and Affairs and Reconciliation of the Transitional Federal Implementation Commission (ICRIC) Government of Somalia. During 2011- 2012, he spearheaded the drafting and completion of the Provisional of Somalia, which was adopted in August 2012. offices UNDP remembers and honours Minister Hosh for his valuable contributions to progressing the – Arabic Translation of Somali review of the provisional constitution of Somalia, for advancing dialogue on key challenges and Provisional Constitution opportunities of the country, and for his commitments to Somalia's peace-building and state- building progress. We will always remember him with great esteem and admiration as a humble and deeply committed partner and leader. May his soul rest in peace. Completion of Technical Review of Constitutional Chapters (6 to 9) The review of the first five chapters have of the . The first initial consultations judicial service commission and formation of already been completed by the constitutional on these were held in December 2018 with the constitution court). These chapters have review bodies in the last quarter of 2018 and religious groups and women's groups in now been submitted to the Oversight are expected to be tabled in the next session Mogadishu. Committee (OC) for review. During the review of the chapters, joint working sessions were In February 2019, the held between OC and ICRIC to discuss ICRIC also completed corrected technical errors. Public consultations the technical review of C will also be conducted with federal member R chapters 6, 7, 8 & 9 of S states, legislative bodies, institutions P

the provisional N and civil society organizations. Following the e constitution, which w consultations, the chapters will then be taken s relates to the Federal l

e to the Federal Parliament for debate on the t Parliament, to the t

e amendments proposed during the review, r President of the before they are then put forward for adoption. Federal Republic, to 1 the Executive Branch, ICRIC is now in the third phase of the review and to Judicial processes, and is reviewing the remaining last ICRIC and the OC in a three days joint technical review meeting of Authority (judicial six chapters, chapters 10-15, of the chapters 6-9 of provisional constitution. Mogadishu, 23 February 2019. procedures, national Provisional Constitution. (Photo credit: Oversight Committee) court structure,

UNDP acknowledges the contribution from , Sweden, Denmark and Switzerland to the Constitution Review Support Project Constitutional Review Support Project

Project Board Meeting for Constitutional Review Support Project

Representatives from MoCA, ICRIC, OC, UNDP, UNSOM, donors, partners at Project Board meeting, Mogadishu, 20 March 2019 (Photo: UNDP/Somalia)

On 20 March 2019, the Project Board The Deputy Minister highlighted the from UNDP, the Oversight Committee has meeting of the Constitutional Review progress made by MoCA since the last prepared a Resolution for adoption of the Support Project was held in Mogadishu, to project board meeting, which included proposed amendments of the constitution discuss the progress, achievements and consultations in all Federal Member States by the federal parliament. The first reviewed challenges on the constitutional review and the Banadir region, and the completion 5 chapters to be tabled in the fifth session process. The meeting was attended by of the technical review of 10 chapters of the of the parliament for debate and approval. representatives from the Ministry of Provisional Constitution. He also confirmed She also advised that the inclusive politics Constitutional Affairs (MoCA), the that the technical review of the last 5 roadmap needs to be revised with new Independent Constitutional Review and chapters of the constitution has also been timeframes to ensure the constitution Implementation Commission (ICRIC), the started. review process is finalised by 2019, and Parliamentary Oversight Committee (OC), recommended that Joint Meetings should and by representatives from UNDP and Ms. Nahid Hussein, Chief Technical Advisor be continuously held to improve UNSOM. Donor partners Norway, Sweden, Inclusive Politics Portfolio, and Deputy information sharing among key players. Denmark and Switzerland also attended the Resident Representative a.i. for UNDP, meeting. highlighted that the first round of political Hon. Burhan Adan Omar of the Oversight negotiation on fiscal federalism has taken Committee (OC), said the technical plan for During the meeting, Mr. Raisedon Zenenga, place, and that a joint workplan for public review of the constitution developed by the Deputy Special Representative of the awareness and consultations had been OC has been endorsed by the two standing Secretary General (DSRSG) for United developed. The public awareness work plan committees of the federal parliament in Nations Assistance Mission in Somalia outlines engagements with the Somalia early 2018. The plan indicated that the 15 expressed wholehearted condolences on public in the Federal Member States, chapters of the constitution was to be

C behalf of the UN in Somalia, on the passing including women youth and civil society divided into three parts of five chapters, and R

S of Minister of Constitutional Affairs organisations. She also mentioned that a that each part will be: reviewed, put P

Abdirahman Hosh Jibril and recognized the series of negotiation meetings on political forward for stakeholder consultation, and N e commitment and critical role Minister Hosh issues such as the justice model, and then debated by the Federal Parliament w s played in Somalia's legislative and allocation of powers have taken place, with before adoption. l e t

t governance progress. initial agreements finalized, and e During the meeting, the donor partners r recommendations from these meeting are Hon. Hussein Abdi Elmi, Deputy Minister of expected to be presented in the next Norway, Sweden, Denmark and Switzerland 2 Constitutional Affairs (MoCA), in his opening National Security Council meeting planned also reiterated their commitment and remarks, also paid tribute to the late in Garowe at end of March. support for the completion of the minister Hosh and commended his role in constitutional review process. the constitutional making process. She added that with technical assistance

UNDP acknowledges the contribution from Norway, Sweden, Denmark and Switzerland to the Constitution Review Support Project Constitutional Review Support Project

Joint Working Retreat of the Constitutional Review Bodies

Constitutional Affairs should list, as soon as possible, the delegations that would represent Federal Member States in the Independent Constitutional Review and Implementation Commission. 4. Agreeing that issues of public education and awareness should be tackled jointly in accordance with the Action Plan of the Constitutional Review Process 5. The Ministry of the Constitutional Affairs must work to bring together all the international organizations that support the constitutional review, to ensure a unified support to the activities of the Representatives from the key players in the Constitutional Review Process (MoCA, ICRIC & OC) process. gathered for a joint Working Retreat in Mogadishu. 4-7 February 2019. (Photo: MoCA) 6. The Ministry of Finance of the Federal Government of Somalia should outline the From 4-7 February 2019, in Mogadishu, a joint public consultations activities. On the way budget allocated to the Constitutional retreat was organized by the three mandated forward, the three key institutions promised Review in 2019. The Ministry should also institutions of the constitutional review to keep the momentum and work together to review the budget at the mid-term of process - the Ministry of Constitutional Affairs finalize the constitution review process by 2019, and add sufficient allocation to the (MoCA), the Parliamentary Oversight December 2019. bodies that are tasked with the Committee (OC), and the Independent Participants at the meeting proposed the constitutional review. Constitutional Review and Implementation following measures to solve challenges which 7. It was agreed to start public consultations Commission (ICRIC). The meeting aimed to developed in 2018: and raise public awareness around the discuss progress made, any existing challenges 1. Avoiding political disputes between chapters that were reviewed in March in the implementation and review of the joint Federal Government of Somalia (FGS) and 2019 roadmap for the constitutional review, and to Federal Member States (FMS) that can agree on next steps for the process. 8. It was agreed to accelerate the jeopardize the constitutional review completion of the remaining chapter of During the four days joint meeting, a technical process and urged accelerating political the constitutional review committee comprising nine members from negotiation, such as Articles 54 and 122. the three institutions reviewed the roadmap 9. It was agreed that the next joint meeting 2. Ensuring that the constitutional review of the constitution review process. The on the assessment of the progress made process is led by the three bodies that committee agreed that the implementation of will be held on 1st June 2019 were mandated at the Federal level to the roadmap is on track, but made some The meeting was closed by the Prime Minister carry it out readjustments to timelines for some of the of the Federal Government of Somalia. 3. Advising that the Ministry of the UNDP Facilitates Retreat for Constitutional Review Bodies in Djibouti meeting was twofold: to build a stronger relationship between the parties and to develop a plan for consultation on the amendments proposed under the constitutional review process.

During the five days gathering the three C

R constitutional review institutions worked to S P

develop a common approach and strategy as N e well as a work plan for the consultation w

s process, identified the key constitutional review l e

t issues requiring consultation, and outlined the t

e Representatives from three constitutional review bodies attend a joint planning

r key stakeholders to be consulted on the retreat, Djibouti. 4 March 2019 (Photo: MoCA/Somalia) reviewed chapters of Somali provisional constitution. They also discussed the Rules of 3 From 28 February to 4 March 2019, the United Committee (OC), the Independent Constitution Procedures for the adoption process and Nations Development Programme facilitated a Review and Implementation Commission examined at the technical proficiency of the joint retreat in Djibouti, bringing together (ICRIC), and the Federal Ministry of draft text. representatives from the Joint Constitutional Constitutional Affairs (MoCA), as well as Review Oversight and Implementation representatives from UNDP. The purpose of the

UNDP acknowledges the contribution from Norway, Sweden, Denmark and Switzerland to the Constitution Review Support Project Constitutional Review Support Project

Opening of the new ICRIC Building Arabic Translation of Somali Provisional Constitution

The Ministry of Constitution Affairs (MoCA) has translated the final version of the provisional constitution into Arabic. As cited in the Article 4 of the Provisional Constitution, the Arabic language Speaker of the and representatives from ICRIC, MoCA, OC, UNDP and is currently the second official other leadership of FGS at opening ceremony. Mogadishu, 18 February 2019. (Photo: UNDP) language in the country after Somali. It is the first time a Somali On 18 February 2019, an opening ceremony was Construction work on the ICRIC offices started in held for new offices for the Independent September 2018 and was successfully completed Constitution has been translated Constitutional Review & Implementation in February 2019. The offices were built by UNDP into Arabic. Since Islam is the Commission (ICRIC) in Mogadishu. The Speaker as part of UN support to the constitutional dominant religion of Somalia, of the Upper House, Abdi Hashi Abdullahi; ICRIC review process, with funding from Norway, Arabic also occupies a major role Chairperson, Dr. Mohamed Dahir Afrah and Denmark, Sweden & Switzerland. commissioners, the late Minister of in religious studies conducted in Constitutional Affairs Abdirahaman Hosh, and The new ICRIC offices will enable the the country. members from the Parliamentary Oversight Commission to finalize the drafting of the Committee, attended the event, along with constitution and carry out their constitutional UNDP Resident Representative, a.i. Mr George work in an inclusive, consultative way. The new Conway, and UNDP Deputy Resident premises will also assist the ICRIC staff and Representative a.i, Nahid Hussein. commissioners in their public consultation and outreach work.

Highlights of the Activities (Jan.-March 2019)

On 7 February, Prime Minister Hassan Ali Khayre participated On 2 March, representatives from constituional On 9 February, Parliamentary Constitutional Oversight in a joint working session of the Constitutional Review Bodies review bodies (MoCA, ICRIC, OC) Committee (OC) review constitutional chapters 6-9 in Mogadishu gathered for a joint working retreat in Djibouti submitted by ICRIC C R S P

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On 25 March 2019, the OC hold meeting with Speaker MoCA, ICRIC and OC attend monthly coordination meeting On 18 February, Speaker Upper House Abdi Hashi Abdullahi, Mohamed Mursal and deputy Speaker Abdiwali Ibrahim discussing the achivements, challanges in the review process attends the opening of the ICRIC offices Modey on constitutional review process along with representatives from UNDP, the OC and MoCA

Contact: Nahid Hussein, Chief Technical Advisor, Email: [email protected] Mahmood Akhtar, Communication & Reporting Officer, Email: [email protected] UNDP acknowledges the contribution from Norway, Sweden, Denmark and Switzerland to the Constitution Review Support Project Constitutional Review Support Project, United Nations Development Programme (UNDP)