In November 2017, the Ministry of Constitutional Affairs (MOCA), the Independent Constitutional Review and Implementation Commission (ICRIC) and the Oversight Committee (OC), the key stakeholders in Somalia’s constitutional review process, developed a Roadmap and a Memorandum of Understanding (MoU) based on consultations and negotiations with the President and Prime Minister of Somalia. These documents also reflect the results of two major consultative gatherings between regional and federal role players held in Kismayo and Mogadishu in October and November 2017.
The Roadmap and MoU define the guiding principles for the constitutional review process, namely a fixed timeline, Somali ownership, continuation and recognition of the work done by the 9th parliament, inclusivity, transparency, participation, accountability as well as partnership and cooperation. This UNDP programme envisages to assist the key stakeholders in upholding these principles while carrying out their respective mandates. This UNDP capacity development programme is fully aligned with the national vision of the constitutional review process and the respective planning schedule and the key deliverables outlined in the Roadmap, namely: regularization of the constitution, negotiations on political issues, allocation of powers between the Federal Government and the Federal Member States (FMS), tabling and publication of the 9th Parliament’s Constitutional Options report, civic education and public participation, national dialogue and consensus-building forum, review and adoption of the constitution, referendum or national validation, and alignment of FMS Constitutions with the Federal Constitution.
The Roadmap furthermore defines three key objectives, namely: to achieve the target of having a finalized national constitution completed within the mandated timeframe; to ensure that the constitution review process is based on national dialogue and public consultation with the Somali people and key role players; to educate the Somali citizens about the process through broader civic education programs that will enable society to understand their constitutional rights and duties.
The Project is designed to provide responsive support to the key players in the constitutional review process, particularly MoCA, ICRIC and the FMS ; and support for public education and consultation, particularly envisaging the inclusion of women, youth, minorities, and other marginalized people. The projects envisaged in the Roadmap and the MoU, especially with regards to consultative processes and civic education, are considered important entry points for respective Project activities.
Based on this background, the proposed UNDP project intervention has the following objective (outcome):
Support an effective, transparent and accountable constitutional review process through strengthening inclusive political processes at all levels to develop a new social contract that meets the needs of Somali women and men, reflects political realities and is of good technical quality in order to foster equitable and sustainable development and peace.