COI-Report-Somalia

EASO Country of Origin Information report — South and Central Somalia — Country overview — 27
On 27 May 2014, the United Nations (UN), the European Union (EU) and the Intergovernmental Authority on
Development (IGAD) issued a joint appeal for a resolution of the political crisis in Somalia. They noted that: ‘the
development of a federal system, the constitutional review process and preparation for 2016 elections are behind
schedule’. According to the appeal, the progress on state‐building has not been as fast as needed ( 109 ).
Parliamentarians/lawmakers run a serious risk of targeted assassinations by Islamists. On 21 February 2014,
Al‐Shabaab attacked the Presidential Palace in Mogadishu ( 110 ). At the same time, Al‐Shabaab warned officials that
they will be targeted at government institutions ( 111 ). According to an international organisation, interviewed during
a joint fact‐finding mission organised by the Danish Immigration Service and the Norwegian Landinfo (November
2013), ‘… al‐Shabaab would do anything to destabilize the government and do whatever that could make the
government look bad … It adds that ‘among categories of people targeted by al Shabaab are political front figures
like the president.’ ( 112 )
1.4.2 Federalism (Somaliland, Puntland, Jubbaland, Galmudug)
Federalism is accepted as the form of administration best suitable for Somalia, reducing power on the central
level and distributing power among the Federal Member States. ‘The Somali Provisional Constitution calls for the
establishment of a Boundaries and Federation Commission ‘to support the territorial changes in Somalia in order
that it may become a fully‐fledged federation of states.’ The constitution also makes provision for an Inter‐state
Commission to ‘facilitate intergovernmental coordination’ between the Federal Government and Federal Member
States, and to ‘resolve any administrative, political or jurisdictional disputes’ between the two. (...) Despite the
Constitution’s provision for the establishment of federal states, federalism has been a source of tension between
the Federal Government and existing as well as emerging states.’ ( 113 )
There are no official federal member states yet. Somaliland is a ‘self‐declared independent republic’, and Puntland
is what the UN calls a ‘self‐declared autonomous state’ within Somalia ( 114 ). ‘It is widely believed that Puntland is the
closest to achieving federal state status, and could be a model for other states. Jubaland and Galmudug also have
state‐building efforts underway, although there is a lot of in‐fighting at the local level. Jubaland has two rival talks
going on while Galmudug has three or four.’ ( 115 ) On 28 August 2013, in Addis Ababa, the Federal Government of
Somalia (FGS) reached a long awaited agreement with Ahmed Madobe, creating the Juba Interim Administration ( 116 ).
For more information on the federal system as a threat to security, see section 3.1.2.
1.4.3 The Judiciary
The CIA World Factbook (2014) provides the following overview on the judicial branch ( 117 ):
‘Highest court(s): the provisional constitution stipulates the establishment of the Constitutional Court (consists of
five judges including the chief judge and deputy chief judge).
Note - under the terms of the 2004 Transitional National Charter (TNC), a Supreme Court based in Mogadishu and an
Appeal Court were established; yet most regions have reverted to local forms of conflict resolution, either secular,
traditional Somali customary law, or sharia Islamic law.
( 109 ) UN News Centre, UN and international partners call for resolution of Somali political crisis, 27 May 2014 (http://www.un.org/apps/news/story.
aspNewsID=47899) accessed 30 May 2014.
( 110 ) BBC, Somalia parliament attacked by al‐Shabab in Mogadishu, 24 May 2014 (http://www.bbc.com/news/world‐africa-27554498) accessed 5 June 2014; BBC,
Somali MP Isak Mohamed Rino killed by Mogadishu car bomb, 21 April 2014 (http://www.bbc.com/news/world‐africa-27102639#) accessed 27 May 2014.
( 111 ) Shabelle Media Network, Somalia: Al Shabaab Warns Government Officials, 25 May 2014 (http://allafrica.com/stories/201405250394.html) accessed
27 May 2014.
( 112 ) Landinfo/Udlændingsstyrelsen, Update on security and protection issues in Mogadishu and South‐Central Somalia, March 2014 (http://landinfo.no/
asset/2837/1/2837_1.pdf) accessed 26 May 2014.
( 113 ) Somalia NGO Consortium, Walking the Talk in Somalia Progress since the 2012 London Conference, 6 May 2013 (http://reliefweb.int/sites/reliefweb.int/files/
resources/Walking%20the%20Talk%20in%20Somalia%20-%20Progress%20Since%20London%202012.pdf) accessed 30 May 2014, p.6.
( 114 ) IRIN, Briefing: Somalia, federalism and Jubaland, 16 April 2013 (http://www.irinnews.org/report/97860/briefing‐somalia‐federalism‐and‐jubaland) accessed
30 May 2014.
( 115 ) IRIN, Briefing: Can federalism work in Somalia, 5 February 2014 (http://www.irinnews.org/report/99600/briefing‐can‐federalism‐work‐in‐somalia) accessed
27 May 2014.
( 116 ) UN Security Council, Report of the Secretary‐General on Somalia, (S/2013/69), 31 January 2013 (http://www.refworld.org/country,,UNSC,,SOM,,511b88532,0.
html) accessed 29 May 2014, p. 1.
( 117 ) CIA, The World Factbook, Somalia, last updated 16 April 2014, (http://www.refworld.org/type,COUNTRYREP,,SOM,51ffa6ed4,0.html) accessed 2 June 2014.