Policy Analysis

In this work, we propose a complete change in direction of the education philosophy and the way educational programmes are conducted in Somalia. Somalia has been struggling – and still does – with a prolonged political and socio-economic instability that has negatively impacted on the provision of education as a whole and the way teaching and learning processes are conducted in particular. As Somalia joined EAC, it is imperative to harmonize the education system in line with the education systems across all member states to facilitate a mutual recognition of qualifications, education programmes which will result in compatible skills and training opportunities. Adopting competency-based learning will require a paradigm shift from the old content and time based educational systems to competencies-driven teaching and learning approaches. The concept of competency based education (CBE) defines the mastery of specific and measureable competencies (a combination of knowledge, skills and attitudes) that help learners fulfil their potential and succeed in the future. More specifically, CBE differs from the old traditional education model that it offers personalized learning pathways and flexible progression based on the mastery of core competencies, continuous assessments to track progress and alignment with market and industry needs. The re-structuring of the education system is not without challenges and the contributions of all stakeholders must be accommodated.

This study explores practical federal models for education within the post-conflict context of Somalia. It notes that there is no uniform federal model for education, as such models are influenced by various social, cultural, historical, geographical, and economic factors. Some federal systems employ decentralized models for education, while others feature more centralized approaches. The Provisional Federal Constitution (PFC) of 2012 defines education as a concurrent power between the Federal Government of Somalia (FGS) and its Federal Member States (FMS), based on the principle of subsidiarity. This arrangement assigns limited administrative functions to the federal government, with states taking primary responsibility for the delivery of educational services. Despite proposals for several educational delivery modalities, no specific federal model has yet been adopted. This study raises questions about how to organize and transform fragmented educational structures into a harmonized and standardized system, develop sustainable governance and financing mechanisms, and learn from federal models elsewhere that could be adapted to Somalia’s context.

This paper provides a comprehensive analysis of Somalia’s bicameral parliamentary system, focusing on the historical context, composition, functions, and the effectiveness of the two houses of Parliament, namely the House of the People and the Senate, as per the Somali Provisional Constitution. The historical overview traces the evolution of the Somali Parliament from the colonial era to post-independence and the military rule. It further delves into the current state of affairs after 1991, examining the challenges faced in forming a bicameral legislature in a fragile state like Somalia. The paper highlights the significance of bicameralism in ensuring representation and checks on government power. It explores the specific roles and responsibilities of each house, emphasizing the House of the People’s primary role in the legislative process and oversight of the executive. While the Senate is designed to represent the interests of Federal Member States, its effectiveness in doing so is analyzed in light of the National Consultative Council’s growing influence. Additionally, the paper discusses the challenges faced by the Somali upper house in truly representing the federal member states and promoting intergovernmental cooperation. It sheds light on the complexities arising from power-sharing formulas based on clan representation and the implications of direct negotiations between the federal government and member states. In conclusion, the paper provides a critical analysis of the current status of Somalia’s bicameral parliament, highlighting the need for enhanced representation of federal member states and greater cooperation between the two houses to strengthen the country’s democratic and federal structures. It offers insights into potential improvements and reforms to ensure a more effective bicameral system in Somalia’s governance.

Transforming Justice sector in Fragile and Conflict Affected Situations (FCAS) is often complicated, especially when the focus is normative or behavioural change and transformation. This, however, does not stop successive Somali governments and international community repeatedly developing ambitious policies, programs and models that raise the question of why failure is so common, and why is Somalia’s justice sector is still not fully functional. These questions are further explored in this paper, using a paradigmatic case study-in this instance, the recently agreed Justice and Corrections Model (JCM). The Model is to be understood within the context of Somalia’s complex legal pluralism and political entrepreneurship where divergent actors operate in dynamic arena of projectized and individualized interests rather than coherent, institutionalized sector.

The concept of Somali federalism has been gradually gaining some traction in the last few years. The idea of “two levels of government” or “Federal and State governments” was not initially popular with many people in Somalia who were used to unitary system of government, political and governance hierarchy and unilateral top-down decision making since independence in 1960.  Therefore, it was no surprise that the new political federal architecture presented many challenges to governing, coordination, decision-making and delivery of services. Somalia Provisional Federal Constitution (PFC) provides that exercise of federalism should be guided by principles of confidence and support of people, spirit of national unity, dialogue and reconciliation and subsidiarity (Article 50).  The founding principles of federalism in the light of the PFC informs that the federal model of Somalia should be based on vertical cooperation between the Federal Government of Somalia (FGS) and Federal Member States (FMS), rooted in broad-based collaboration, negotiation, and joint decision-making through formalized institutions and forums in the form of Intergovernmental Relations (IGR). IGR is enshrined in the PFC (Chapter 5, Articles 50 to 54).  The formalization of IGR in the PFC is unsurprisingly expected given the country’s jurisprudence which is largely based on civil law tradition but also underscores the importance of IGR in the adoption of Federalism and post conflict Somalia context in which the PFC was drafted. However, the formalization of IGR in the PFC did not translate into the formation of effective IGR institutions, legal frameworks and accountability and transparency strategies. In the last seven years, nascent IGR platforms without effective legal, institutional and administrative mechanisms mostly derived from political opportunism and donor demands for cooperation and resource sharing (aid money) have emerged, leading to numerous ad-hoc conferences and agreements between FGS and FMS.  The most prominent forum is the National Consultative Council (NCC) which has been acting as the highest executive IGR platform in Somalia and succeeded to convene and reach agreements on a number of exigent and contentious issues. But the forum has never been formalized in a primary legislation as instructed in the PFC (Article 51(5) nor was it institutionalized to effectuate its work. Not only has it been deficient of legal standing but most of the agreements hammered at the NCC have been treated as legally non-binding “political deals” and were never submitted to legislative scrutiny and approval at the Federal parliament. This policy review and analysis sought to examine Somalia IGR arrangements in the light of the provisions of the PFC, relevant legislations and inter-governmental agreements reached between FGS and FMS with comparative considerations. The challenges to IGR in Somalia could have been borne as the result of post conflict state building conundrums, and the limited resources and capacities of Somalia institutions but the following barriers have been highlighted as the main causes of the lack of effective institutionalized IGR in Somalia.