The efforts of Sheikh Abdukadir Ali Omer, former Minister of Interior, in his letter, dated November 1, 2010 was intended to effect changes to the status of Mogadishu, the Capital City of Somali Republic and as a result the status of Regional State of Waax and Waadi but was not written with the law of the land in mind. First, it is beyond the call and duty of the Ministry of Interior to get in the way with the affairs of the Ministry of Federal and Constitutional affairs to create a row and controversy over the status of the Capital City, Mogadishu and status of Regional State of Waax and Waadi by appointing the so-called “Mogadishu City Law Technical Team” that are not represententative and without the knowledge of the President and the Prime Minister, the Governor and Mayor and District Community councils of Banadir Region.
Secondly, the Minister has contravened with the ongoing work of the Independent Federal Commission mandated by the Transitional Federal Charter by appointing a parallel group without a legal mandate to draft a separate law for the status of Mogadishu, the Capital City of Somali Republic which is located in the Regional State of Waax and Waadi. Third, the former Minister intended to influence using the so-called “Mogadishu City Law Technical Team’s” document the status of Mogadishu, the Capital City and Banadir region with its sixteen (16 Districts) Districts to pre-empt the work of the Independent Federal Commission to deny Banadir Region to claim to be part of Waax and Waadi statehood in order for its population couldn’t exercise their sovereignty at different levels of government through institutions and processes that are fitting to their needs and their way of life.
Nevertheless, the so-called “Mogadishu City Law Technical Team’s” the so-called “Mogadishu City Law Technical Team” is affiliated to the Ministry of Interior unlike the Independent Federal Commission mandated by the Charter, so any of their recommendations in regards to the Capital City, Mogadishu cannot be the way forward for its status nor it can effect later the status of Regional State of Waax and Waadi. This is because, the former Minister wants Mogadishu to become under the exclusive authority of the Federal government and its citizens to be represented by City Council and not part of the Regional State of Waax and Waadi where its residents of Mogadishu to be represented by a City Council, at the regional level and at the federal level in both houses of Parliament. Thus, it understandable that, the former Minister wants to kill two birds with one stone; the status of the Capital City, Mogadishu and at the same time challenging the Banadir region to make both of them under the jurisdiction of the federal government.
The former Minister opportunely has forgotten that, Banadir Region existed starting from the civilian government of 1960’s and continued to exist until the collapse of the military government in 1991 and Mogadishu, remained as the Capital City, of Somali Republic within the Regional State of Waax and Waadi Also, the former Minister of Interior as a member of the Cabinet dissolved due to the forced resignation of former Prime over the draft constitution to appoint the so-called “Mogadishu City Law Technical Team’s” didn’t help matters for him but things are now clear that the President and him are in different footing in search of a new constitution visa-a-visa the status of Regional State of Waax and Waadi and the Status of Mogadishu, the Capital City of Somalia Republic. It seems though that the former Minister doesn’t know what is in the draft constitution and the contentious issues that the President has picked to reject the document and its authors.
In conclusion, the Federal Capital City, Mogadishu will be part of Regional State of Waax and Waadi and the governing body of the Federal Capital City and the Federal Government controlling its institutions in the Capital City, Mogadishu will observe the principles of cooperative relations laid down in the constitution.
Dr. Abdi Mohamed Ulusso.
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