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.
