Islamabad_ United Nations Development Program UNDP-Pakistan and UNDP-Somalia have organized a first-ever Somalia-Pakistan Ministerial Study Tour on Federalism, Devolution and State-Building from December 20 to 27, 2022. The team will stay in Islamabad, attend seminars and learning sessions, and visit various institutions such as NADRA, PIPS, National Assembly of Pakistan and others.
• The Ministry of Interior, Federal Affairs and Reconciliation (MOIFAR) of Somalia is leading the tour of honorable ministers representing both Federal Government and Federal Member States including representatives of Banadir Regional Administration (BRA). His Excellency, Mr. Ahmed Moallim Fiqi Federal Minister, Ministry of Interior, Federal Affairs and Reconciliation, Federal Republic of Somalia is the lead focal person of the study tour.
• The technical sessions of the third day were Understanding Somalia’s Constitutional Review Process: Issues and Options, Federalizing functional assignments: Case Study of Implementation Commission of 18th Amendment from Governance Perspective; and Constitution-Making in Post-Independence Pakistan (1947-73): A Recount of Power Struggles over Federal Design.
• His Excellency, Mr. Ahmed Moallim Fiqi Federal Minister, Ministry of Interior, Federal Affairs and Reconciliation, Federal Republic of Somalia and Ms. Hoden Osman, advisor to the President of Somalia, spoke about the committees which are involved in the constitution review process. Ms. Hoden shed light on pathways addressing the contentious issues such a justice system, natural resources, fiscal federalism, elections, and principles of the constitution such as subsidiarity and one nation desiring equalization. Somali delegates talked at length about problems associated with inclusive politics, and reasons why a review process of the constitution is taking place so that federal member states come together and ensure a peaceful state-building process. Mohammad Ali Farah, working with UNDP Somalia alluded to the fact that political culture in Somalia is presidential while political institutions are parliamentary, and these realities have to be addressed, too.
• Pakistani delegates talked at length about making the constitution review which tries to help solve the problems the nation is facing and does in a way that an inclusionary political outcome is possible. Former Chairman Senate, Mian Raza advised the study tour delegates to work on creating one committee instead of three or four committees simultaneously dedicated constitutional reforms process. “Ministry of Law can work more mother institution facilitating the logistics”, he added. He further advised that Somalia should form two lists of powers spread across the constitution one the federal and the other concurrent, and then iron out them in a way that solves the core contentious issues.
• While talking about trust deficit which was earmarked as one of the issues in Somalia, he said that trust deficit in Pakistan necessitated charter of democracy and the 18th Constitutional Amendment. However, Pakistan still needs to institutionalize an agreed formula to share 50% of natural resources between the federal government and the provinces. He also apprised the delegates about various ways and means of conflict management in the constitution which include parliamentary and judicial processes.
• Responding to the queries about how to operationalize reforms in the constitution, Raza Rabbani informed that Pakistan had a special provision of the implementation commission. Tem members from the committee for the constitutional reforms became part of the process of implementation. In total, 17 ministries were devolved to the provinces, and not a single employee was not laid off. He mentioned the challenges which the reform committee faced and the pressures it had to bear. One of the contentious issue was appointment of judges, and to address those 19th amendment was brought in, but it still not settled and more work is needed. In his talk he laid emphasis on the need of patience
• Maryam S. Khan, Research Fellow at the Institute of Development and Economic Alternatives (IDEAS) in Pakistan narrated the journey of Pakistan’s constitutional development during the last 75 years, and how dismemberment of Pakistan took place. A strong center under military influence could not solve the problem of representation at various levels of political and administrative institutions. After 1971, and dismemberment of Pakistan, provincial autonomy comes to the forefront, and political institutions were designed to address that question. It tried to address the question of distribution of natural resources and established the Council of Common Interests along with Senate as equal representation body.
