Volume 4

Number 1

The African Star

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Governmental Structure of Puntland State

Mohamed Mire Ahamed (mirem)

 

INTRODUCTION

Historical Background

The history of Northeastern region of Somalia has since mid-1998 been referred to as the Puntland state of Somalia. This region has over many years been dominated by negative historical, political and socio-economic events that have occurred in the last century. Although pre-colonial Somalia society did have a national government with modern structures and clearly defined international borders, the northeast region had traditional structures of governments dating from the early years of the 19th century namely; the Sultanates of Majerteen (1901-1927) whose territory included the current regions of Bari and Nugal, the Sultanate of Mudug/Hobyo (1885-1925) and the Sultanate of eastern Sanaag (1901-1925).

These Sultanates and were relatively Under-developed and far from assuming a modern status in terms of political and state management systems. They had administrative and military structures, which safeguarded security, social welfare and political stability until these were disturbed by colonial powers: The Italians in the first two Sultanates and the Indian sub-continent and Arabian Gulf states. For instance, Advalorem taxation system, export of livestock, animal and afro-forestry products and import of consumer goods thrived in the Sultanates of Majeerteen during the second half of the 19th century and first quarter of 20th century.

 

The Italian and British conquest of the Sultanates in (1923-1927) suppressed the peoples’ resistance and destroyed all political, economic and commercial structures. The Italian fascist authorities were more suppressive than the British were as reflected by the economic policies they applied to these regions. For instance, import-export trade and all the commercial transactions with above mentioned traditional markets were suspended and forcibly replaced with Italian salt, frankincense, hides, skin and agriculture cash crops ( banana, cotton) to Italy through Mogadishu.

 

The suspension of trade markets and political structures of the former Sultanates by the colonial authorities had a devastating effect on the livelihood security, famine coping mechanism and employment/income earning opportunities of the northeastern communities. Hence, pastoralists, merchants and fishermen had to immigrate to the southern regions in order to seek employment and trading opportunities.

 

Furthermore, the sultanates of Majeerteen and Mudug, their families, relations and key collaborators such as the traditional elders were forcibly deported by the Italians to Mogadishu. The Sultan of eastern Sanaag was exiled to the Seychelles Island by the British Authorities. The deportation and exile of the Sultans, the compulsory conscription of more than 25000 Pastoralists ( Italo-Ethiopan war of 1935-36) and destruction of economic, trade and political structures were all aimed on the one hand to prevent of repress internal resistance and rebellion and on the other hand to deplete and weaken the manpower resources of the conquered regions. The successive administration that ruled the country in the 20th century: (British and Italian colonial authorities (mid 1920-1960) and Somali governments (19960-1990) did not allocate any tangible development programmes to the northeastern regions. Therefore, the current regions of the Puntland state of Somalia had particularly suffered from colonial authorities neglect and the post-independence centralized Somali government’s lack of interest in this arid and semi-arid land, where people derived their livelihood and sustenance mainly from a volatile pastoral economy in harsh environment, sustaining a mere survival based lifestyle.

 

In 1991, after the collapse of the Somali State , the Somali Salvation Democratic Front (SSDF), which was one of the opposition fighting factions against the Somali Government, was the only political and military structure that existed in the northeastern region at the time.

The SSDF leadership, supported by the population, had directed its political and military actions toward defending its territory from the invading forces from Southern Somalia , spearheaded by USC (1991-1993), and the containment of Al-Itihad religious fundamentalists, who tried to take over the political and military powers by force from SSDF in 1992. Both forces were defeated; it was a heroic action that invigorated the SSDF's political and military posture, not only in the region, but also in the rest of Somalia .

 Puntland State of Somalia

After a series of locally sponsored conferences, in which a traditional council of elders (Isimada) played an important role, the SSDF leadership and community elders had at last taken positive steps by calling an all-inclusive general conference in Garowe on May 5, 1998. The Puntland Regional State was formed, based on the design of three branches of government; Legislative (66 members, with 5 women), Judiciary, and Executive (President with Vice-President and 9 Ministers). Two regions- Sool and Eastern Sanag- also joined the former northeastern regions and, thus, jointly formed the Puntland State of Somalia as an autonomous regional administration.

As stipulated in Article 1 of the Transitional Constitution, Puntland is a part of an anticipated Federal State of Somalia. It is striving for the unity of the Somali people and the creation of a Somali government based on a federal system. The Puntland State consists of the following seven regions:

 

  • Bari
  • Nugal
  • Mudug
  • Sanaag
  • Sool
  • Ayn
  • Karkaar

1.3 Trends of Political and Constitutional Development

Up until it was affected by the recently resolved internal conflict (following a peace accord reached on 17 th May 2003) the State of Puntland had shown some degree of initiative to step up the slow and hesitant development of governance structures and socio-economic reconstruction without the benefit of much international assistance.

 

The Structure of Government in Puntland State of Somalia

 

The State of Puntland has three branches of Government,

  • The Executive Branch
  • The House of the Representatives.
  • The Judiciary

The Executive Branch

President:

The executive authority of the State is vested in the President who is the Head of State, and who symbolizes the unity of the State. As President, he is also the Commander-in-Chief of the military forces.

The House of Representatives elect the President; the term of office for the President is four (4) years. He is eligible for re-election at the end of his term for another 3 years.

Vice President:

The Vice-President is to assist the President in the execution of his duties, in the absence of the President he is the Head of State.

The House of Representatives in conjunction with the President elect the Vice-President; the term of the office is four (4) years. He is eligible for re-election.

 

Cabinet:

The Ministers are appointed by the President, in consultation with the Vice-President, based on who, in his opinion, can form a government that has the confidence of the House of Representatives.

The function of the Cabinet is to advise the President. It is collectively responsible to Parliament for all government policies and the operation of government services.

The government departments, each headed by a Minister, carry out affairs of the government. The Minister is responsible to Parliament for the activities of the department. These departments are staffed by a career public service, whose members do not relinquish their jobs on a change of government.

The House of Representatives

The legislative authority of the State is vested in the House of Representatives, comprised of 66 members who represent every region of Puntland. The House of Representatives has a president and two (2) deputy presidents who are elected from amongst its members.

The President is to preside over the House when it is in session and exercise the factions designated in the constitution. The Deputies are to assist the President in executing his duties. The House of Representatives has committees that oversee, scrutinize, and hold to account the Departments of the Ministries of the executive branch, in the conduct of their duties.

 

The Judiciary

The judiciary is independent from the Executive and Legislature, and is required by the law of the land.

The judicial agencies are; the Supreme Court, the Courts of Appeal, and the Primary Courts.

The Chief Justice of the Supreme Court, which is the highest court in Puntland, is appointed by the President and approved by the House of the Representatives.