Puntland threatens split amid icy relations with Mogadishu

By T. Roble

Puntland has dispatched a tough statement to Mogadishu calling on it to abide by the terms of the Provisional Constitution or it will institute the process of pulling out from Somalia heralding a new low in relations between the two levels of government even as Somalia still grapples with the prospects of bringing back Somaliland.

A three-days consultative conference in Garowe which wrapped up Tuesday hinted at the possibility of secession citing ‘gross violation’ of the Provisional Constitution by the Federal Government.

“If the FGS continues by neglecting and by-passing the Provisional Constitution and what was agreed the during the adoption of Federalism, the Conference gives full powers to the government of Puntland which is responsible over the people of Puntland to take any action which saves the future of Puntland and its people and in accordance with the constitution,” a communique from the conference read in part.

ARTICLE 142

Without citing secession, the conference seemed to draw directions from the Provisional Federal Constitution and Puntland constitution both of which acknowledge the autonomous existence of the Federal State.

“Until such time that all the Federal Member States of Somalia are established and the adopted Federal Member State Constitutions are harmonized with the Somali Federal Constitution, the Federal Member States existing prior to the provisional adoption of this Provisional Constitution by a National Constituent Assembly shall retain and exercise powers endowed by their own State Constitution,” reads article 142 of the Provisional Constitution.

Puntland established itself as a semi-autonomous unit in 1998 and becomes the first Federal Member State in Somalia. Its 2009 Constitution (article 4) contemplates the existence of the eastern state as an ‘independent state’, ‘pending the completion of the Federal Constitution, ratified by Puntland, and approved by popular referendum.’

But sub article 5 of the same articles requires the approval of 2/3 majority in parliament and a popular referendum to bring the declarations to bear.

Among the accusations against the Federal Government by the conference includes failure to adhere to the dictates of the National Security Architecture agreed to during the London conference in May 2017, passage of laws without the input of the FMS with particular reference to the Elections, Aviation, Telecommunications and Petroleum bills.

President Farmaajo’s administration has been defined by poor relations with the FMS barely four months after he came to office to date. Jubbaland too has been at odds with Mogadishu as the FGS seeks to bring to submission the FMS leaders.

The talks of a secession by Puntland comes amid failed attempts by Somalia to re-engage with Somaliland which broke ranks with Mogadishu May 18, 1991 following the collapse of the central government.