Somalia’s New Constitution: Restructuring Power, the Federal System, and Political Crises

A Gallaydh Editorial
Mar 6
7 min read

Updated: Mar 7

Somalia's Federal Parliament recently officially approved sweeping changes to the country's Constitution. This move ends more than a decade of the country operating under a Provisional Constitution adopted in 2012. The approval, which covers Chapters 1 through 13, as well as amendments to Chapters 4 and 15, significantly restructures the government's architecture, federal power-sharing, the electoral system, and term limits.

Although the government of President Hassan Sheikh Mohamud has hailed this amendment as a historic step toward completing the state-building process, the substance of the approved articles and the procedure through which they were passed have sparked fierce opposition from the Federal Member States (FMS) of Puntland and Jubaland, as well as the country's political opposition.

Somalia President Hassan Sheikh Mahmoud and the Constitution of Somalia

In this analysis, we take an in-depth look at the substance of this new constitution, what it permits, how it allocates power, and the most significant changes it introduces to the country, examining each provision to understand its real-world implications.

1. Term Extensions and the Electoral System

The new constitution profoundly reshapes how the country's leadership is elected, who manages the elections, and the duration of their tenure.

Constitutional Term Extension & Legislative Threats

Core Provision: The approved articles extend the term of the President, Parliament, and government institutions to 5 years, up from the previous 4 years. This was accompanied by a statement from the Speaker of Parliament (Adan Madobe), who declared that the government's mandate had been extended by one year, warning that anyone opposing the decision would be considered a national criminal.
The Real Impact: This directly extends the tenure of the current government, pushing the expected 2026 elections to mid-2027. Furthermore, the accompanying threat indicates the administration's zero-tolerance for political dissent, which could brew instability and push the opposition to take extra-constitutional measures to express their rejection.

Universal Suffrage & Restriction of Political Parties

Core Provision: The constitution steers the country toward a one-person, one-vote electoral system (universal suffrage), dismantling the indirect electoral model. Additionally, it restricts the number of political parties, allowing only three national parties to compete.
The Real Impact: While direct elections represent an applauded democratic milestone, the restriction of political parties combined with the short timeframe left signals to the opposition that the current government plans to monopolize the political arena and eliminate smaller opposition parties ahead of the elections.

Downsizing the National Independent Electoral Commission (NIEC)

Core Provision: The constitution reduces the membership of the National Independent Electoral Commission (NIEC) to just 18 members, replacing what used to be a broader, more balanced body.
The Real Impact: Administratively and bureaucratically, a smaller commission is faster and more agile in decision-making. However, politically, a limited committee is much easier for the executive branch to control or influence. The reduction in the commission's size has raised significant concerns that it will lose the independence required to hold free and fair elections.

2. Leadership Requirements and Executive Power

The new constitution drastically tightens the requirements for holding the highest offices in the country and alters the powers related to appointments.

Citizenship and Marriage

Core Provision: The constitution mandates that the President must be a native-born Somali whose mother is also Somali. Additionally, the President, Prime Minister, Parliamentary Speakers, and the Chief Justice of the Supreme Court must not hold dual citizenship, nor can they be married to a foreign national.
The Real Impact: This provision represents a radical shift that effectively disqualifies many diaspora politicians who have been at the forefront of Somali politics for decades. It restricts who can run for the presidency, pivoting power toward politicians who have never acquired a foreign passport.

Appointment Powers

Core Provision: The President has been granted full authority to appoint the Prime Minister without requiring parliamentary approval for the individual, although the power to dismiss the Prime Minister remains exclusively with the Parliament.
The Real Impact: This mechanism resolves the ambiguity of power that historically caused chronic conflicts between the President and the Prime Minister. The President will have the freedom to choose their working partner, but Parliament remains the sole branch with the power to hold the government accountable and dismiss it.

3. The Federal Structure and Power-Sharing

This is the most significant administrative change introduced by the constitution. Chapter 5 entirely rewrites Somalia's federal architecture.

Changing the Power-Sharing Agreement (Repealing Art. 54) & The Three-Tier System

Core Provision: Under the 2012 constitution, Article 54 stipulated that power-sharing must be achieved through negotiation between the federal center and member states. The new constitution repeals that negotiation process, establishing a three-tier constitutional structure: The Federal Government, Federal Member States (FMS), and Local Governments. Powers are distributed through constitutional schedules: Schedule 2A (exclusive federal powers), 2B (shared powers), and 2C & 2D (exclusive to FMS and local governments).
The Real Impact: This fundamentally alters the essence of Somali federalism. Power-sharing, once built on political consensus, is now a fixed constitutional mandate. The most contentious part of this is "Schedule 2B" (Shared Powers), which grants policy and legislative authority to the Federal Government, reducing member states to mere 'implementers'. This is a consolidation of power that gives Mogadishu the upper hand, forming the root cause of the major rift between the federal government and Puntland.

Harmonization of Federal Member State Constitutions (Article 67)

Core Provision: This article explicitly mandates that all Federal Member States must align their state constitutions with the new Federal Constitution.
The Real Impact: The provisional system allowed for an "asymmetrical federalism" where some states created their own constitutions prior to the completion of the federal one. Puntland, for instance, has had its own constitution since 1998. This new provision strips away that legal autonomy, forcing member states to erase any clauses in their constitutions that contradict Mogadishu's framework. This is a centralizing maneuver that completely alters the original pact of the country's federalization.

Delegation and Transfer of Powers (Article 75)

Core Provision: This article establishes a system for delegating exclusive powers between different levels of government. The Federal Government can delegate its powers to the Member States (with Parliamentary approval), and Member States can transfer their powers to the Federal Government (with their respective state parliaments' approval).
The Real Impact: In theory, this provision appears to encourage cooperation and administrative flexibility. However, given the reality of Somali politics, marked by deep mistrust and power struggles, this article could morph into a political weapon. A well-resourced and militarily superior federal government could pressure weaker member states to "legally" hand over their exclusive powers, such as resource management or security.

4. Federal Intervention, the Capital, and the Legal System

The new constitution significantly strengthens the hand of the federal government when it comes to intervening in state affairs, administering the capital, and the procedures for amending the country's supreme law.

Legalizing Federal Intervention

Core Provision: Articles 76 through 79 grant the federal government the legal authority to launch a military or administrative intervention in any member state in the event of a security threat, a threat to national sovereignty, or a breakdown in governance. Such intervention must be approved by the Upper House within 14 days.
The Real Impact: This hands the federal government a constitutional weapon to deploy troops or suspend member state administrations. Because "security threat" can be interpreted in various ways, the opposition fears this provision will be used to suppress member states holding opposing views to the federal center.

The Status of Mogadishu

Core Provision: Article 63 restricts the status of the capital to only two options: It must either become a Federal Capital Region directly under the federal government (and cannot be part of an FMS), or it must become an independent Federal Member State (FMS) equal to the others.
The Real Impact: This article narrows the previously open options to end the ambiguity regarding the capital's status. However, it opens the door to a fierce political debate over who manages the capital's taxes and security, and how to ensure that the millions of residents in Mogadishu receive genuine representation rather than being monopolized by the federal center.

Easing Constitutional Amendments (Chapter 15)

Core Provision: This chapter reforms the previously rigorous procedure for amending the Constitution, removing or relaxing the strict conditions that were originally attached (such as requiring 40,000 citizen signatures).
The Real Impact: Relaxing this chapter grants the current government and parliament the power to easily and swiftly pass remaining changes. This turns the Constitution into a document vulnerable to the whims of the reigning majority, rather than a rigid law that supersedes the desires of politicians.

Removing the Role of the Constitutional Court

Core Provision: The constitutional amendment procedure outlined in the new provisions gives absolutely no role to the Constitutional Court. The power of judicial review and deciding what is right or wrong is entirely concentrated in the Parliament.
The Real Impact: This is the most dangerous legal aspect of this Constitution. Removing the role of this court means the parliamentary majority holds absolute power to erase the rights of member states or social contracts without any judicial body to hold them accountable. It effectively dismantles the country's system of "Checks and Balances".

5. Political Representation and the Women's Quota

Core Provision: These articles directly integrate the women's political representation quota into the Constitution, making it a constitutional mandate rather than a mere political agreement without a solid legal basis. The new constitution officially guarantees that women will hold thirty percent (30%) of the seats in decision-making bodies and national representation councils.
The Real Impact: On the surface, constitutionalizing the women's quota is a major progressive step that guarantees women consistent influence in the political arena, liberating the system from the whims of traditional clan elders. However, a political reading of this provision reveals a different power dynamic. Since most federal member states have never truly met the 30% quota, this constitutionalized provision hands the Federal Government a legal weapon to strong-arm regional administrations. The federal government can use this as a constitutional pretext to punish or delegitimize state parliaments and elections that hold opposing views, arguing that they have failed to comply with the supreme law of the land regarding female representation.

Conclusion

The new constitution lays down a detailed foundation intended to resolve the ambiguities that have crippled Somali state-building in terms of power-sharing. However, replacing a political agreement based on negotiation with member states with constitutional mandates imposed by parliament—while ignoring the explicit rejection by Puntland and Jubaland—has created the perception that the federal government is consolidating power.

The implementation of this constitution will require genuine political consensus. Without an agreement between Mogadishu and the dissenting federal member states, this new constitution risks becoming a document that further alienates the country's regions, rather than a social contract that binds the nation together. The next steps taken by the federal government and how it manages the strong existing opposition will determine the political stability of the country in the years to come.