Constitutional Support Project
What is the Project About
The endorsement of the 2012 Provisional Constitution was major achievement, which set in place an overarching, nationally endorsed legal framework to guide Somalia’s efforts to rebuild the nation in accordance with division of power and the rule of law. As the Provisional Constitution left several key issues undecided the revision of the Provisional Constitution has been identified in Somalia’s New Deal Compact as one of its key PSG priorities, to be completed by 2016.
Until early 2015, the UNDP constitutional support was provided through the Parliamentary and Constitutional Support Project.
The constitutional review process was initiated by the Speaker in March 2013, with a parliamentary Oversight Committee (OC) launched in June 2013. However, final composition of the OC was only known in December 2014, through an Administrative Decision of the Speaker which indicates the number and names of members of the OC and its sub-Committee for Civic Education and Public Consultation.
In 2014, a new Ministry of Justice and Constitutional Affairs was established. Its Constitutional Development Department received support by the Project. In July 2014, progress was also made with the passage of the law to establish the Independent Constitutional Review and Implementation Commission (ICRIC).
In early 2015 a new Ministry of Constitutional Affairs (MoCA) was appointed which has the role of providing the overall organizational facilitation of the constitutional review and implementation process MoCA, OC and ICRIC in early March 2015 signed a MoU which lays out the roles and responsibilities of each institution.
On 27 July 2015, the NFP approved an important resolution on the Somali Constitutional Review Process, marking the internal review of the provisional constitution and drafting instructions for the ICRIC by the Oversight Committee. This resolution established a categorization of four types of review issues: technical review; gaps identified in the current constitution that need to be filled; key political issues to be addressed and solved by the end of the current mandate; and matters that, considering their complex nature require extensive political dialogue and negotiations, can only be completed in next mandate of the Parliament.
Outcome 1: Inclusive Constitutional Review Process Actively In Place and Engaging Key National and International Stakeholders.
Output 1: National stakeholders, the UN, donors and implementers agree on the Somalia Constitutional Review Master Plan.
Output 2: Constitutional review institutions supported to undertake political dialogue, negotiations and broad-based consensus building to discuss final federal constitutional review text for review, debate and enactment by parliament.
Output 3: Civic education and public consultation processes undertaken to build awareness, understanding of and support for the federal constitutional review process.
Output 4: Capacities of relevant constitutional institutions, including the Ministry of Constitutional Affairs, Oversight Committee ICRIC and the Federal and sub-national administrations, supported to work collaboratively to ensure timely implementation and review of the Provisional Constitution.
Output 5: Capacities of relevant sub-national institutions including the Ministry of Constitution, Federal Affairs and Democratization and Interim Regional Authorities supported to work collaboratively to ensure timely implementation and review of the Provisional Constitution.
What we have accomplished so far?
In 2014, with the establishment of a new Ministry of Justice and Constitutional Affairs, UNDP commenced support to the Constitutional Development Department of MOJCA in order to ensure consistent and coordinated support and to encourage joined-up programming between both organizations. The project provided support to the MOJCA to establish a constitutional department that included 17 staff members (2 senior advisors, 5 constitutional experts and 10 legal interns).
Similarly UNDP has been proving support to the Puntland Ministry of Constitution, Federal Affairs and Democratization since its establishment in 2014. Another worth noting progress was the support to development of the Kismayo Constitutional Charter.
Following the establishment of a designated MoCA and the MoU signed between the Ministry, the ICRIC and the OC, UNDP redesigned its support to the Constitutional Review Process by establishing a project exclusively dedicated to support the constitutional review process.
The Constitutional Review and Implementation Support Project Initiation Plan (PIP), endorsed in 17 June 2015, supports MoCA, ICRIC and OC in their efforts to plan and work jointly to bring together stakeholders across all levels of government and the community to build consensus around a range of outstanding constitutional issues. In addition to the continuation of the work with the Puntland MoCFAD this support later was extended to the state MoCAs in Galmudug and South-West State.
This project not only focuses on developing the capacity of the national stakeholders, including from the Interim Regional Administrations, but also has a strong component to support civic education activities and consultative processes.
During the past months it succeeded to assist all national partners to set up their administrative structures and to actively engage in the constitutional review process. Beyond that the project supported consultations and public outreach to the degree it took place.
MPTF – USD 4,034,624
2015 – USD 1,214,440