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Somalia:FUD's Response to Speaker Jawari's Position on the Impeachment of the President as of 25 September

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Monday September 28, 2015 - 09:02:16 in Articles by Super Admin
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    Somalia:FUD's Response to Speaker Jawari's Position on the Impeachment of the President as of 25 September

    This statement of the Speaker threatens to divide Parliament and to paralyze its function to legislate and take the President and the Executive to account. The Forum firmly believes that if the Speaker continues to neglect his constitutional duty to

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This statement of the Speaker threatens to divide Parliament and to paralyze its function to legislate and take the President and the Executive to account. The Forum firmly believes that if the Speaker continues to neglect his constitutional duty to serve as a neutral figure, a parliamentary crisis could result in which Parliament ceases to be effective, as had happened in 2011, which had subsequently led to the international intervention under the Kampala Accord.

PRESS RELEASE

(For Immediate Release)

FUD’s Response to Speaker Jawari’s Position on the Impeachment of the President as of 25 September

27 September 2015, Mogadishu, Somalia - The Forum for Unity and Democracy (FUD) disagrees with the position of the Speaker of Federal Parliament, as of 25 September 2015, in which he unilaterally invalidated the impeachment against the President tabled by 93 Members of Parliament (MPs). The FUD finds it to be completely unconstitutional and improper that the Speaker of Parliament should:

(1) Dismiss the impeachment motion submitted by 93 MPs;

(2) Disregard the separation of powers principle by taking on the judicial power vested in the Supreme Court and Constitutional Court, as it is the judiciary that has the mandate to interpret the law and not the Speaker;

(3) Violate his constitutional responsibility of being neutral in the performance of his functions, as per Article 65 (3) of the Provisional Constitution;

The decision of the Speaker displays his inconsistency on the matter, as he stated on 12 September 2015 that MPs would engage in negotiations over the impeachment of the President, and, in the case of failed negotiations, the impeachment would be submitted to the Supreme Court.
Unfortunately, as it seems, this change of position by the Speaker on the subject of the impeachment of the President may be attributed to political pressures emanating from the Office of the President. We believe that the President would like to use the Speaker’s statement as an instrument to reclaim legitimacy as a national leader and to save face in front of the international community so as to attend the UN General Assembly’s 70th Session General Debate in New York.
This statement of the Speaker threatens to divide Parliament and to paralyze its function to legislate and take the President and the Executive to account. The Forum firmly believes that if the Speaker continues to neglect his constitutional duty to serve as a neutral figure, a parliamentary crisis could result in which Parliament ceases to be effective, as had happened in 2011, which had subsequently led to the international intervention under the Kampala Accord.
Given the importance of the Parliament as the bedrock of state-building processes, the Forum implores the Speaker to maintain impartiality and integrity in his conduct as the custodian of the House of the People. Moreover, we firmly believe that questions on the legality of the impeachment should be left solely to the judiciary (the Supreme Court).
As part of our advocacy for increased accountability and transparency in the management of public affairs, the Forum stands with MPs seeking to take the President to account for his conduct in office. Therefore, we call on the Speaker of the Federal Parliament to display neutrality by recanting his latest position on the submitted impeachment motion. This is vital if the Speaker is going to preserve and safeguard the Parliament; uphold the Constitution, good governance and the supremacy of the law.

END

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About the FUD: The Forum for Unity and Democracy is the largest coalition of political parties and actors in Somalia committed to the realization of accountable, citizen-driven governance, constitutional reform and the return of decision-making back to the hands of the Somali people.
For more information, please contact: Dr. Ali Mohamed Mohamud (Secretary-General of the FUD), Tel No: +252612444777 E-mail: [email protected] or [email protected]

WAR-MURTIYEED

Jawaabta MMD ee Mowqifka Guddoomiyaha Baarlamaanka ee Mooshinka Ku Lidiga ah Madaxweynaha 25 September 2015

27 Sebtember 2015, Muqdisho, Somaliya – Madasha Midnimada iyo Dimoqoraadiyada (MMD) waxay ka soo horjeeddaa go’aanka Guddoomiyaha Baarlamaanka Dawladda Federaalka Soomaalia uu ku baabi’inayo Mooshinka ku lidiga ah Madaxweynaha oo ay keeneen 93 Xubnood oo ka tirsan Baarlamaanka Federaalka. Madashu waxay u aragtaa xadgudub inuu Afhayeenka Baarlamaanku:

(1) Baabi’yo mooshinka ay gudbiyeen 93 Xildhibaan;

(2) Garab maro iskana indha saabo kala xadeynta awoodaha dalka isagoo ku takrifalay awoodii Dastuurku u banneeyey Maxkamada sare ama Maxkamada Dastuurka. ma aha shaqada guddoomiyaha baarlamaanka fasiraadda sharciga ee hawshaas waxaa leh heyadaha garsoorka;

(3) U gafo waajibaadka dastuurku farayo oo ah inuu ahaado dhexdhexaad markuu xilkiisa gudanayo sida ku cada Qodobka 65(3) ee Dastuurka KMG;

Go’aanka Afhayeenka Baarlamaanku wuxuu khilaafsanyahay kana soo horjeedaa qoraalladiisii hore, 12 September 2015, ee Mooshinka ku saabsanaaoo uu ku sheegay in Xildhibaanadu ay Madaxweynaha kala xaajoon doonaan eedaymaha loo soo jeediyey; haddii wada xaajoodka la gelayaa uu guuleysan waayo, in mooshinka loo gudbindoono Maxkamada Sare.
Nasiib darro, isbeddelka ku yimid mowqifka Afhayeenka oo ku saabsan Mooshinka laga keenay Madaxweynaha, sida la qabo, waxaa sabab u ah cadaadis iyo hanjabaad xoog leh oo uga timid dhinaca Madaxtooyada. Waxaan aaminsanahay in Madaxweynuhu rabay inuu Qoraalka Afhayeenka ka dhigto foodsaar xalaalaynaya madaxnimadiisa markuu hortegayo Bulshada Caalamka oo uu ka qayb gelayo fadhiga 70aad ee Qaramada Midoobey ee New York.
Hadalkan Afhayeenku wuxuu halis u yahay inuu kala qaybiyo oo curyaamiyo Baarlamaanka oo uu gudan waayo waajibaadkiisa sharci dejin iyo la xisaabtanka Xukuumada iyo Madaxweynaha. Waxaan aaminsanahay, haddii Afhayeenku uu sii wado dayacaada xilkiisa, oo uu ka weecdo dhexdhexaadnimada sharcigu farayo, waxaa khatar gelaya jiritaanka iyo waxku oolnimada Baarlamaanka sidii ku dhacday Baarlamaankii KMG ahaa 2011 taasina ay keentay faragalin shisheeye heshiiskii Kampala.
Annagoo garawsan muhimada uu Baarlamaanku u leeyahay bud-dhigidda dhismaha Qaranka, ayaa Madashu ku boorrinaysaa Afhayeenka inuu ilaaliyo dhexdhexaadnimadiisa iyo sharaftiisa markuu xilkiisa ah Guddoomiyaha Baarlamaanka Umadda Soomaliyeed gudanayo. Sidoo kale waxaa haboon, Dastuurina ah in sharcinimada mooshinka laga keenay Madaxweynaha loo daayo Garsoorka (Maxkamada Sare).
Iyadoo ay tahay xil na saaran u ololaynta masuuliyad qaadashada iyo daahfurnaanta marka la maamulayo hawlaha Qaranka, ayaa Madashu si buuxda u barbar taagan tahay Xildhibaanada doonaya in lala xisaabtamo Madaxweynaha hadba siduu xilkiisa u gudanayo. Sidaa darteed, waxaan ugu yeereynaa Afhayeenka Baarlamaanka inuu ficil ku muujiyo dhedhexaadnimadiisa oo uu ka laabto goaanka kor xusan oo uu ka gaarey Mooshinka Madaxweynaha laga keenay. Arrintani waxay lama huraan u tahay haddii Afhayeenku rajo ka qabo jiritaanka iyo wax ku oolnimada Baarlamaanka Ummadda Somaliyed; dhowritaanka dastuurka, dowlad wanaagga iyo saraynta sharciga.

Dhamaad

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Faahfaahinta war-murtiyeedkaan, fadlan la xiriir Xoghayaha Guud 
Madasha, Dr. Ali Mohamed Mohamud, Tel No: +252612444777 
E-mail: [email protected] or [email protected]
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