DOCSLIB.ORG

The UN Constitutional

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The UN Constitutional THE UN CONSTITUTIONAL I A Newsletter on United Nations Issue 3 Constitutional Support Fall/Winter 2014 FOREWORD “The UN Constitutional” team is pleased to publish the third issue of its The UN Constitutional Team: newsletter featuring articles by constitutional experts, reports from the field, and a digest of recent constitutions-related publications. This issue includes UN Dep. of Political Affairs (DPA) two exclusive interviews – with a senator and a civil society activist - UN Dep. of Peacekeeping Operations presenting their unique perspectives on constitution-making. The featured (DPKO) thematic article deals with constitutional reform in relation to peacebuilding Office of the High Commissioner for and the social contract. Human Rights (OHCHR) “The UN Constitutional” is a manifestation of the collective desire of 6 UN UN Development Programme (UNDP) entities to raise awareness of constitutional issues and themes, share UN Children's Fund (UNICEF) information, and strengthen the provision of constitutional assistance. UN Women IN THIS ISSUE Interview with Hon.Tito Interview with Valnora Edwin, Constitutional Reform, Rutaremara, Senator of the Civil Society Activist in Sierra Peacebuilding and the Social Republic of Rwanda (pp.2) Leone (pp.4) Contract (pp.6) UPDATES FROM THE FIELD & HQ (p.8) Libya (pp.8) Nepal (pp.9) Sierra Leone (pp.10) Somalia (pp.11) Yemen (pp.12) UNDP Sierra Leone READER’s DIGEST (p.12) SIGN UP FOR THE NEWSLETTER Email: [email protected] The UN Constitutional – Issue 3 Issue 2013 1 INTERVIEW: TITO RUTAREMARA Interview with the Honorable Tito Rutaremara Senator of the Republic of Rwanda Questions by UN Women Q. The Rwandan Constitution Hon. Tito Rutaremara has been in place for over a decade. What do you think were Honorable Tito Rutaremara is a Rwandan Senator and former Chief some of the key interventions by Ombudsman and Secretary General of the Rwandese Patriotic Front (RPF), the Government of Rwanda that whose forces brought an end to the 1994 genocide in Rwanda. Thereafter, resulted in the Constitution’s he took a leading role in bringing stability and structure to Rwanda as an overwhelming acceptance by the active Member of Parliament. Hon. Rutaremara also served as the population? Chairperson of the Constitutional Commission, which was assigned with initiating consultations and preparing the draft Constitution that was A. When we were creating the ultimately voted in a referendum in 2003. Constitution, we wanted all Rwandans to participate. That is why the whole process took 3.5 years, to provide across the country. We even issues such as the kind of regime enough time to talk to the people and simulated Senates so that the they wanted – Parliamentary or get ideas from them. population could see how a system Presidential. would work in practice. We spent six months sensitizing the We didn’t only visit villages, but also population on what a constitution is, An additional six months were spent schools, ministries and departments what voting means, what democracy on specific ideas in the constitution. and even went abroad to consult with means. We created booklets in What are these and what do they the Diaspora. The important thing Kinyarwanda (the local language), mean? For four months where we was to find out what they, the and went from village to village sought the population’s input on Rwandans, viewed as important. The UN Constitutional – Issue 3 Issue 2013 2 INTERVIEW: TITO RUTAREMARA The people could provide feedback in religious groups, for example, to groups or individually. They could discuss polygamy and monogamy Q. If you look at the situation write it down, call or email. Back then with the Muslim community. We had in Rwanda today, what chal- not everybody had a telephone and it separate debates for just women, but lenges do you feel remain in was important that we went to all the also brought women to debates with implementing the Constitution? villages to collect the answers. We men, and encouraged them to then collected them into a big express their opinions. Of course we still have database where we weighted it. The A. answers would be given different UNIFEM assisted us in organizing the challenges. A significant challenge is points depending on if they came debates, with financial support as that the culture favours men. An from a group or an individual. well as publications and at times important issue is the lack of attending the meetings to talk to the education for women. We really need We presented the findings to the women. to educate women and this takes population and they were again given time. Our population is poor but the opportunity to tell us if they were Q. What in your point of view women are poorer because of the of a different understanding and why. makes a constitution gender culture and their situation. Women Based on all these ideas we drafted responsive? are held back by the traditional role the Constitution in English, Kinya- of women as caregivers and house- rwanda and French and circulated it A.The first step is to encourage keepers; they simply do not have the time, making it hard to empower to the entire population for another women to participate in the debates them financially. We need to educate round of feedback. and discuss their problems with men, men to support their wives, to gender so that these problems can be We also shared the draft for sensitize men in order to change included in the Constitution. Second, discussion with various experts, both ruling mentalities. gender equality should be put in Rwanda and abroad, such as aca- guaranteed through the fundamental demicians from the US, Great Britain, principles. These principles are there Q. What do you believe are Belgium and South Africa. to be followed and not to be changed. Rwanda’s main achievements We need to always look at the rights I think the main point is that the thanks to the Constitution? to make sure that the women are population was always involved, represented. throughout the entire process. We A. Education is now open to all. spent years consulting and talking It is important to see how women More girls attend secondary school with them. participate in political parties. In the now, but women are still largely Constitution, all political parties need absent from universities. Having to make sure that 30% of their reached the goal of minimum of 30% What was the role that Civil Q. members are women. Then there is women in parliament is also an Society and development part- the work of the executives, were the achievement. But we still have a ners, such as former UNIFEM, and government needs to be a minimum problem with women’s representation others played in this process? of 30% women. This makes our in private sector/enterprises. The constitution gender sensitive. men hold a strong position, making it A. UNIFEM played a big role. We harder for women to enter. This is a needed to sensitize women and get Q. What were the main chal- problem for each and every depart- their opinion and we therefore ap- ment within the private sector. To lenges you faced in having the proached UNIFEM to help us. We empower women is to empower her Constitution be gender respon- realized that women were not present family; the money that she makes is sive? during the sensitization, because invested in the whole family. their time is not used the same way. It took us long time to mobilize A. Men prefer to go for meetings in the the population. We started mobilizing We would like to thank the evening, but at that time women are women in rural areas, and then Honorable Senator for taking the busy cooking and looking after the brought them to mobilize the men. time to meet with us. We greatly children. We therefore arranged We arranged discussions between appreciate it. special meetings for women. We also men and women. arranged special meetings for The UN Constitutional – Issue 3 Issue 1–December 2013 3 INTERVIEW: VALNORA EDWIN Interview with Valnora Edwin Civil society activist in Sierra Leone Questions by “The UN Constitutional” The UN Constitutional interviewed Ms. Edwin to explore ways in which Sierra Leonean civil society was engaging in the constitution making process and any impacts it has been able to have. tution and therefore, we get a more Q. How is Sierra Leone civil hands on understanding of the society engaging with the consti- challenges at the operational level. I tutional process? have also served as facilitator in consultations held across the country A. Sierra Leone’s Civil Society organized by the Campaign for Good Governance and other groups. We Valnora Edwin Organizations (CSOs) are well- have been doing this since December represented in the Constitutional Valnora Edwin is a Sierra Leonean 2013. Review Committee (CRC). Outside the civil society activist who currently CRC, they CSOs are actively engaged serves as the Executive Director for in diverse ways, but primarily through Q. In what ways has civil the Campaign for Good Governance civic education, although there are society organized itself in order (CGG). CGG’s mission is: “To challenges such as limited resources to be more effective? increase citizen participation in for such activities. CSOs are governance, through advocacy, supporting consultations and advocacy A. CSOs have formed networks capacity building and civic around specific issues, including and are trying to coordinate their education in order to build a more gender equality, citizenship, strength- activities as much as possible. For informed civil populace and a ening the separation of powers and example, The Campaign for Good democratic State.” Ms Edwin is a limiting the powers of the executive.
Load more

Recommended publications
  • Constitution Building: Constitution (2013) a Global Review
    Constitution Building: Constitution Building: A Global Review (2013) A Global Review Constitution Building: A Global Review (2013) Constitution building: A Global Review (2013) provides a review of a series of constitution building processes across the world, highlighting the possible connections between these very complex processes and facilitating a broad understanding of recurring themes. While not attempting to make a comprehensive compendium of each and every constitution building process in 2013, the report focuses on countries where constitutional reform was most central to the national agenda. It reveals that constitution building processes do matter. They are important to the citizens who took part in the popular 2011 uprisings in the Middle East and North Africa seeking social justice and accountability, whose demands would only be met through changing the fundamental rules of state and society. They are important to the politicians and organized interest groups who seek to ensure their group’s place in their nation’s future. Finally, they are important to the international community, as peace and stability in the international order is ever-more dependent on national constitutional frameworks which support moderation in power, inclusive development and fundamental rights. International IDEA Strömsborg, SE-103 34, Stockholm, Sweden Tel: +46 8 698 37 00, fax: +46 8 20 24 22 E-mail: [email protected], website: www.idea.int Constitution Building: A Global Review (2013) Constitution Building: A Global Review (2013) Edited by: Sumit
    [Show full text]
  • Constitution Of
    Constitutionalism and Democratic Governance in Africa: Contemporary Perspectives from Sub-Saharan Africa Morris Kiwinda Mbondenyi (LLD, LLM (UNISA), LLB (Moi)) Senior Lecturer in Law, Africa Nazarene University Tom Ojienda (LLD (UNISA), LLM (Kings College), LLB (Nairobi)) Associate Professor of Law, Moi University with the assistance of Thuto Moratuoa Hlalele Centre for Human Rights, Faculty of Law, University of Pretoria 2013 Constitutionalism and democratic governance in Africa: Contemporary perspectives from Sub-Saharan Africa Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. This book was peer reviewed prior to publication. For more information on PULP, see www.pulp.up.ac.za Printed and bound by: ABC Press Cape Town To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: +27 12 420 4948 Fax: +27 12 362 5125 [email protected] www.pulp.up.ac.za Cover: Yolanda Booyzen, Centre for Human Rights Photograph: ‘Nothing is set in stone’ by O.F.E. on Flickr ISBN: 978-1-920538-14-9 © 2013 TABLE OF CONTENTS FOREWORD AND DEDICATION ix CONTRIBUTORS xiii PART I: GENERAL THEORETICAL PERSPECTIVES Introduction to and overview of constitutionalism
    [Show full text]
  • Interim Constitutions: Peacekeeping and Democracy-Building Tools
    Interim Constitutions Peacekeeping and Democracy-Building Tools PolicyPaper October 2015 International IDEA at a glance What is International IDEA? The International Institute for Democracy and Electoral Assistance (International IDEA) is an intergovernmental organization with a mission to support sustainable democracy worldwide. The objectives of the Institute are to support stronger democratic institutions and processes, and more sustainable, effective and legitimate democracy. What does International IDEA do? The Institute’s work is organized at global, regional and country level, focusing on the citizen as the driver of change. International IDEA produces comparative knowledge in its key areas of expertise: electoral processes, constitution building, political participation and representation, and democracy and development, as well as on democracy as it relates to gender, diversity, and conflict and security. IDEA brings this knowledge to national and local actors who are working for democratic reform, and facilitates dialogue in support of democratic change. In its work, IDEA aims for: • Increased capacity, legitimacy and credibility of democracy • More inclusive participation and accountable representation • More effective and legitimate democracy cooperation Where does International IDEA work? International IDEA works worldwide. Based in Stockholm, Sweden, the Institute has offices in Africa, the Asia-Pacific and Latin America and the Caribbean. Interim Constitutions Peacekeeping and Democracy-Building Tools Lead author Kimana Zulueta-Fülscher
    [Show full text]
  • UNDP Guidance Note on Constitution-Making Support UNDP Guidance Note on Constitution-Making Support
    United Nations Development Programme UNDP GUIDANCE NOTE ON CONSTITUTION-mAKING SUPPORT UNDP GUIDANCE NOTE ON CONSTITUTION-makiNG SUPPORT UNDP partners with people at all levels of society to help build nations that can withstand crisis, and drive and sustain the kind of growth that improves the quality of life for everyone. On the ground in more than 170 countries and territories, we offer global perspective and local insight to help empower lives and build resilient nations. Copyright © 2014 United Nations Development Programme One United Nations Plaza New York, NY 10017, USA 2 UNDP GUIDANCE NOTE ON CONSTITUTION-mAKING SUPPORT UNDP GUIDANCE NOTE ON CONSTITUTION-mAKING SUPPORT (2014) ACKNOWLEDGEMENTS This UNDP Guidance Note brings together good practice experiences and lessons learned from across UNDP and is the result of contributions from UNDP’s staff across the globe. The Guidance Note was drafted and edited by a team from UNDP’s Bureau for Policy and Programme Support (BPPS). The main contributors from BPPS included Charmaine Rodrigues, Shelley Inglis and Shaima Hussein. Additional feedback and input was provided by UNDP personnel at headquarters, regional offices and country offices: Naglaa Arafa, Rouba Beydoun, Gigi Bregadze, Vivek Divan, Rym Hazem, Irakli Kobakhidze, Niall McCann, Jonathan Murphy, Natia Natsvlishvili, Bui Phuong Tra, Olivier Pierre-Louveaux, Geoff Prewitt, Shireen Said, Adam Styp-Rekowski and Davaadulam Tsegmed. We are also grateful to Professor Larry Taman for his support in conceptualizing and drafting the Guidance Note. The Guidance Note was final- ized under the overall guidance of Patrick Keuleers, Eugenia Piza-Lopez and Charles Chauvel. UNDP would like to thank the external reviewers who provided feedback and comments: Jason Gluck (Senior Constitutional Assistance Adviser, Department of Political Affairs – DPA), Christina Murray (DPA Mediation Standby Team Adviser), Sumit Bisarya (Senior Project Manager – Constitution Building, International IDEA) and Susan Stigant (Senior Programme Officer, US Institute for Peace).
    [Show full text]
  • The UN Constitutional.”
    THE UN CONSTITUTIONAL I A Newsletter on United Nations Issue 1 Constitutional Support Winter 2013/2014 FOREWORD IN THIS ISSUE FEATURED ARTICLES (p.2-7) . Interview with Nicholas Fink Haysom (p.2) . Experience from UNDP’s work on Civic Education in Kenya (p.4) . Comments on the Nature and Importance of “Equal Citizenship” for Political Transitions (p.6) UPDATES FROM THE FIELD & HQ (p.8-15) Graffiti for the Constitutional Assembly in Ecuador during the constitutional review process in 2007. Credit: ak.beck/Flickr . Iraq (p.8) . Liberia (p.9) We, the United Nations Department of Political Affairs (DPA) and Department of . Libya (p.10) Peacekeeping Operations (DPKO), the Office of the High Commissioner for Human Rights (OHCHR), the United Nations Development Programme (UNDP), the United . Mongolia (p.11) Nations Children's Fund (UNICEF), and UN Women are pleased to publish this . Nepal (p.11) inaugural issue of “The UN Constitutional.” . Somalia (p.12) The UN, through its field presence and from headquarters, has been providing . Tunisia (p.13) assistance to constitution-making processes in a number of countries, including in Afghanistan, Cambodia, Iraq, Kosovo and Nepal. In an effort to strengthen system- READER’s DIGEST (p.15) wide information sharing, coordination, and partnership in the area of constitutional assistance, DPA, DPKO, OHCHR, UNDP, UNICEF, and UN Women created an internal coordination structure dedicated to making UN constitutional support to Member ANNOUCEMENTS (p.16) States more effective and efficient. To this end, DPA and UNDP conducted joint constitutional assistance missions to Libya, Sierra Leone, and Somalia in 2013. UN Women Database (p.16) Additionally, the six UN entities have undertaken several joint initiatives to improve .
    [Show full text]
  • Negotiating States of Emergency
    PA-X RESEARCH REPORT Negotiating States of Emergency Sean Molloy This research draws on the PA-X Peace Agreements Database (www.peaceagreements.org), a database of all peace agreements at any stage of the peace process from 1990 to 2019. The database is fully searchable and supports both qualitative and quantitative examination of peace agreements. Author: Sean Molloy Political Settlements Research Programme (PSRP) Global Justice Academy School of Law Old College The University of Edinburgh South Bridge Edinburgh EH8 9YL Tel. +44 (0)131 651 4566 Fax. +44 (0)131 650 2005 E-mail: [email protected] www.politicalsettlements.org @PolSettlements Acknowledgements: This research is an output from the Political Settlements Research Programme (PSRP), funded by UK Aid from the UK Department for International Development (DFID) for the benefit of developing countries. The information and views set out in this publication are those of the author. Nothing herein constitutes the views of the Department. Any use of this work should acknowledge the author and the Political Settlements Research Programme. For online use, we ask readers to link to the original resource on the PSRP website. Thanks are due to Christine Bell for peer review and editorial advice, and to the PSRP team for useful feedback on various versions of the draft. Thanks to Harriet Cornell and Rick Smith of Smith Design Agency for proofreading and production work. About the author: Sean Molloy is a Research Associate at Newcastle University Law School and an Associate of the Political Settlements Research Programme. Cover images: All images may be subject to copyright.
    [Show full text]
  • 331 12 - 18 January 2007 16 Pages Rs 30
    #331 12 - 18 January 2007 16 pages Rs 30 Weekly Internet Poll # 331 Q. Is the government addressing basic madhesi grievances? Total votes: 2,339 Weekly Internet Poll # 332. To vote go to: www.nepalitimes.com Q. Were protesters right to disrupt the Prithbi Jayanti celebrations on Thursday? NATIONAL DISUNITY DAY: Supporters of the monarchy marched to the statue of King Prithbi Narayan Shah on Wednesday to prevent it from being defaced by Maoists. KIRAN PANDAY UNMIN, better get used to this Into the fray new acronym ANAGHA NEELAKANTAN under a new secretary general in the spotlight throughout possible 2007 needs a success story after negotiations in 2006 until the light. But it Editorial p2 here’s a name for it now: Rwanda and East Timor, and signing of the peace accord and is also a UN-doing our past UNMIN, the United Nepal may just be it. the tripartite agreement. But the formula that T Nations Mission to Nepal. But if the mission is to help new mission’s mandate will be had to be acceptable to India, The mandate: monitoring ‘arms restore lasting peace it will now restricted by what the seven which didn’t want a management’ and elections to the have to be asked to focus on parties, the Maoists, and Nepal’s precedence for UN peacekeeping constituent assembly. four issues: fighters, not just neighbours want: the almost so close to home. The proposal for UNMIN was weapons, the terms of an obsessive focus on cantonments Full story p4 presented to the Security Council acceptable constituent assembly and containers.
    [Show full text]
  • Involvement and Impact of External Actors on Constitution Making in South Sudan and Somaliland: a Comparative Study
    A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Seidel, Katrin Working Paper Involvement and Impact of External Actors on Constitution Making in South Sudan and Somaliland: A Comparative Study Global Cooperation Research Papers, No. 18 Provided in Cooperation with: University of Duisburg-Essen, Käte Hamburger Kolleg / Centre for Global Cooperation Research (KHK/GCR21) Suggested Citation: Seidel, Katrin (2017) : Involvement and Impact of External Actors on Constitution Making in South Sudan and Somaliland: A Comparative Study, Global Cooperation Research Papers, No. 18, University of Duisburg-Essen, Käte Hamburger Kolleg / Centre for Global Cooperation Research (KHK/GCR21), Duisburg, http://dx.doi.org/10.14282/2198-0411-GCRP-18 This Version is available at: http://hdl.handle.net/10419/214711 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte.
    [Show full text]
  • Khatiwada, Apurba, Constructing Constitution Beyond Original Intent, 2007 Dworkin Ronald, ‘In Praise of Theory’ 29 Arizona St
    Constitutionalism of Transition, Apurba Khatiwada Constitutionalism of Transition Apurba Khatiwada* Abstract Existing legal and constitutional principles face great challenge during transition. As the revolution seek to leave behind the former values that are repugnant to new transformation, and embrace new principles, there lies great difficulty in reconciling new values with the deep rooted and relatively universally recognized principles. Which may also result into a possible conflict in principle, between generally recognized values of constitutionalism and constitutionalism in context of transition (transitional constitutional). During transition constitutional lawyers’ chief job is to find way for the reconciliation of revolution with constitutionalism, transitional justice in particular pose great difficulty in this task. So during transition constitutionalism may take somewhat unconventional form and may connote unconventional meaning in the form of transitional constitutionalism. However, hist unconventionality of the transitional constitutionalism is required for the transformation sought during popular revolution because it creates necessary foundations of transformation. * LL.B. 4th year, Kathmandu School of Law - 41 - Kathmandu Law Review, Vol. 1, No. 1 INTRODUCTION: CONSTITUTIONALISM AND TRANSITION Constitution of a nation apart from being fundamental law of land also caries high degree of socio-political recognition that forms the basis of its implementation, interpretation and crucially more than just legalistic assertion
    [Show full text]
  • The UN Constitutional
    THE UN CONSTITUTIONAL I A Newsletter on United Nations Issue 4 Constitutional Support Spring 2015 IN THIS ISSUE “The UN Constitutional” team is pleased to publish the fourth issue of its The UN Constitutional team comes newsletter featuring articles by constitutional experts, reports from the field, from the following agencies: and a digest of recent constitutions-related publications. UN Dep. of Political Affairs (DPA) UN Dep. of Peacekeeping Operations This spring issue includes one exclusive interview with the current President of (DPKO) the Libyan Constitutional Drafting Assembly. Our two feature articles deal with Office of the High Commissioner for the challenges facing constitutionalism in Africa, as well the historical roots of Human Rights (OHCHR) constitutional Sharia. In addition, this issue presents experiences from 10 UN UN Development Programme (UNDP) field missions/offices, as well as updates from Headquarters. UN Children's Fund (UNICEF) “The UN Constitutional” is a manifestation of the collective desire of 6 UN UN Women entities to raise awareness of constitutional issues and themes, share information, and strengthen the provision of constitutional assistance. INTERVIEW: FEATURED: FEATURED: Ali Tourhani, President of History of Constitutional Constitutionali sm in Africa: the Libyan Constitutional Law in the Sharia Legal the Challenge of Reform for Drafting Assembly (p.2) System (p.4) Undemocratic Purposes (p.6) UPDATES FROM THE FIELD & HQ (p.7) Burkina Faso p.8 Sierra Leone p.12 Central African Republic p.9 Somalia p.13 Grenada p.9 Tanzania p. 14 Liberia p. 10 Yemen p. 15 Libya p.11 Headquarters p.17 READER’S DIGEST (p.18) RESOURCES ON CONSTITUTIONAL ASSISTANCE SIGN UP FOR THE NEWSLETTER www.constitutionmaker.un.org (UN System personnel only) [email protected] The UN Constitutional – Issue 4 Issue 2013 1 INTERVIEW: DR.
    [Show full text]
  • Interim Constitutions in Post-Conflict Settings DISCUSSION REPORT 4–5 December 2014
    Interim Constitutions in Post-Conflict Settings DISCUSSION REPORT 4–5 December 2014 international idea SE -103 34 Stockholm Sweden Phone + 46 8 698 37 00 Fax + 46 8 20 24 22 E-mail: [email protected] Website: http://www.idea.int www.idea.int DISCUSSION REPORT 1 Interim Constitutions in Post-Conflict Settings 4–5 December 2014 Old College, Edinburgh Hosted by International IDEA and the Edinburgh Centre for Constitutional Law in association with the Global Justice Academy, University of Edinburgh 1 Report prepared by Celia Davies, edited by Kimana Zulueta-Fuelscher, Asanga Welikala, Sumit Bisarya and Christine Bell. Contents INTRODUCTION ................................................................................................................................ 3 THEMATIC PRESENTATIONS ............................................................................................... 5 Purpose .................................................................................................................................................. 5 Context/trends .............................................................................................................................. 5 Definition ........................................................................................................................................... 6 Scope ........................................................................................................................................................ 6 CONCLUSIONS ...................................................................................................................................
    [Show full text]
  • Somalia: Moving the Federalism Agenda Forward1
    Somalia: Moving the Federalism Agenda Forward1 Public Disclosure Authorized Nearly 30 years after the collapse of the Siad Barre regime, Somalia has made considerable progress in defining a new relationship between the federal government and the member states. But key agreements on the allocation of functions and revenues between the two tiers of government have yet to materialize. This paper considers three options: (i) maintaining the status quo; (ii) shifting most revenue raising powers to the federal government while assigning responsibility for major functions to the states and financing those functions through intergovernmental transfers; and (iii) concentrate both revenue-raising powers and expenditure responsibilities at the federal level. This paper endorses the second option, as it responds to the desire of states to maintain substantial autonomy, while establishing a federal government that can provide security against external threats, ensure a basic level of public services available to all Somalis regardless of where they live; and facilitate the free movement of people and goods throughout the country. This paper makes five recommendations: Public Disclosure Authorized 1) Prioritize agreement on the distribution of functional assignments between the federal and state levels, focusing on the largest cost-drivers; 2) Ensure the federal member states have the resources available to implement functions assigned to them through implementing a large-scale transfer which could be financed by the centralized collection and administration of taxes from international trade, the assignment of direct taxes, and eventually a more equitable transfer of revenues from natural resources; 3) Avoid complicated formulae for the allocation of inter-governmental transfers; 4) Build on the institutional mechanisms in place to allocate resources to the federal and state levels, considering the possible role of an intergovernmental finance commission; and 5) Continue working towards small wins to build trust.
    [Show full text]