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From: IRIN <[email protected]>
Date: Mon, Apr 22, 2013 at 11:01 AM
Subject: Briefing: Somalia, federalism and Jubaland
To: Elisabeth Janaina <[email protected]>


Briefing: Somalia, federalism and Jubaland

NAIROBI, 16 April 2013 (IRIN) - Moves to bring three regions in the
deep south of Somalia together into the state of Jubaland have turned
into a tussle with the central government, with regional powerhouses
Kenya and Ethiopia playing important roles.

After more than two decades of civil war and inter-clan conflict,
Somalia is undertaking an ambitious programme of national
reconciliation and development, with federalism is a pillar of its
plan. The national administration, in place since 2012, is called the
Somali Federal Government (SFG), and the country's basic law is the
Provisional Federal Constitution. Both embrace the principle of
power-sharing between central and regional authorities.

But the so-called "Jubaland Initiative" is exposing stark
disagreements over how federalism should be implemented and over who
should drive the process: the central government and parliament, or
the regions themselves.

Who, what, where?

The regions involved are Lower Juba, Middle Juba and Gedo, which are
adjacent to Kenya and Ethiopia.

They cover a combined area of 87,000sqkm and have a total population
of around 1.3 million. This includes numerous clans, such as the
Ogaden-Darod, Maheran-Darod, Sheekhaal, Coormale, Biimaal, Gaaljecel,
Raxanweyn , Dir, Gawaaweyn, Murile, Bejuni Boni and various Bantu
groups.

"Due to its natural resources and location, Jubaland has the potential
to be one of Somalia's richest regions, but conflict has kept it
chronically unstable for over two decades," according to the Rift
Valley Institute.

The regions include some of the most remote and marginalized areas of
the country, some of which are entirely cut off during the rainy
season for months at a time.

The most important city is the port of Kismayo, a lucrative prize for
various warlords who battled for control of it following the 1991 fall
of president Mohamed Siad Barre.

Al-Shabab insurgents held Kismayo from 2006 to September 2012, when
they were ousted by Kenyan troops and forces of the Ras Kamboni
militia. In that time, they earned tens of millions of dollars a year
in tax revenue, mainly from charcoal exports.

Al-Shabab still maintains a significant presence in areas outside
Kismayo. Kenyan troops, who are largely integrated into the African
Union's military mission in Somalia (AMISOM) continue to be deployed
in the three regions.

What is the humanitarian situation?

Like much of South and Central Somalia, Gedo, Middle Juba and Lower
Juba suffered extensive infrastructural damage during the civil war.
Most public buildings, such as schools and clinics, have yet to be
rehabilitated. Road networks are in equally poor shape.

Current risk factors include limited access to humanitarian services,
coupled with outbreaks of measles, acute watery diarrhoea, malaria,
water-borne diseases and conflict-related injuries.

Aid agencies are able to access Kismayo and the city of Luuq. In
January 2013, for the first time in four years, the World Food
Programme (WFP) resumed operations in Kismayo, where almost half the
households it surveyed were found to be food insecure, and almost a
quarter of children under five malnourished. WFP has initiated a
nutrition programme and provides hot meals to up to 15,000 people.

Insecurity persists, with many areas still controlled by Al-Shabab.
"Even where Al-Shabab has left, the vacuum has been filled with local
militias, competing warlords and rival clans," said Mark Yarnell of
Refugees International. Many NGOs are still forced to take AMISOM
escorts, and negotiating with militias or insurgents is sometimes
unavoidable.

What would a federal state look like?

This has yet to be determined. The constitution provides for the
establishment of federal states, saying: "Based on a voluntary
decision, two or more regions may merge to form a Federal Member
State."

But the constitution also holds that issues relating to new federal
states should be sorted out by the lower house of parliament and a
"national commission" that has yet to be set up.

Meanwhile, Somalia's current regional structures are matters of great
political sensitivity. Many regions exist largely as geographical
entities, with little in the way of local government or
administration. Somaliland, in the north, is a self-declared
independent republic, and Puntland, east of Somaliland, is what the UN
calls a "self-declared autonomous state" within Somalia.

What steps have been taken towards establishing Jubaland?

Current efforts to form a regional, secular administration began in
2010, some two years before the SFG came into being.

Kenya, keen to create a buffer zone to protect its territory form
Al-Shabab incursions, played an important role in process, hosting
talks among stakeholders and backing former defence minister Mohamed
Abdi Mohamed (Gandhi) as the "president" of an entity then called
"Azania". Since the establishment of the SFG, these conversations have
continued in the form of the Jubaland Initiative.

Neighbouring Ethiopia has also been keen to see a buffer zone in
southern Somalia - so long as its leadership is not sympathetic to the
Ogaden National Liberation Front, an Ethiopian rebel group. And the
Inter-Governmental Authority on Development (IGAD), which comprises
several states in the region, has also supported the Jubaland
Initiative.

After Al-Shabab was pushed out of Kismayo in September 2012,
discussions moved to the port city itself. In late February 2013,
hundreds of delegates gathered for a formal Jubaland conference to
push the process forward. A flag and three-year constitution were
adopted.

News of this development prompted a huge celebration in Kenya's Dadaab
refugee complex, which is home to almost half a million Somalis, many
of whom had fled southern parts of that country over the past 20
years.

The Kismayo talks were led by Ras Kamboni leader and former Kismayo
governor  Sheikh Ahmed Madobe, who is said to enjoy support from
sections of both the Kenyan and Ethiopian administrations.

The Jubaland process also enjoys significant support from the leaders
of Puntland, who favour a decentralized form of federalism.

Is there opposition to the initiative?

Yes. The SFG, while agreeing in principle that the three regions have
the right to form a federal state, says the Jubaland Initiative in its
current form violates constitutional provisions about the formation of
such states.

>From Mogadishu's perspective, Jubaland is being imposed on local
inhabitants by their leaders, rather than emerging from a "bottom-up"
process in which local administrations are formed before deciding to
merge. Mogadishu officials, as well as politicians in the Juba and
Gedo regions, have expressed concern that the emerging Jubaland
leadership will not be fully representative of the various clans that
live there.

Prime Minister Prime Abdi Farah Shirdon recently warned that the
Kismayo conference would "jeopardize the efforts of reconciliation,
peace-building and state-building, create tribal divisions and also
undermines the fight against extremism in the region."

Divisions have also appeared among members of the federal parliament
over whether to support the Jubaland process.

Many Somalis have long accused Kenya and Ethiopia of having a
destabilizing effect on Somalia; they see Kenyan and Ethiopian
involvement in the Jubaland process as a self-interested attempt to
establish proxies there.

Why does this dispute matter?

This row over who should be in control of setting up new federal
states threatens Somalia's internal stability and its external
relations. It places the government in Mogadishu at odds with new
leaders in Kismayo and established ones in Puntland, and potentially
with Ethiopia, Kenya and IGAD.

The Jubaland affair is an important test case for the fledgling SFG,
whose credibility depends in part on its ability to stand up to other
centres of power in the country.

"Unless these tensions are managed effectively, Jubaland easily could
unravel and eventually break up into areas that are controlled by
smaller rival factions. This is an opportunity that a group like
Al-Shabab would love to exploit," according to one recent analysis [
http://somalianewsroom.com/2013/01/10/jubaland-close-to-becoming-somalias-next-state/
].

For Andrews Atta-Asamoah of the Institute for Security Studies, the
row "has become a bone of contention capable of derailing the progress
achieved thus far" in ridding Somalia of Al-Shabab's influence [
http://allafrica.com/stories/201304100027.html?viewall=1 ].

Al-Shabab fighters quickly filled the gap left by the recent
withdrawal of Ethiopian troops from the town Huddur, just north of
Jubaland, demonstrating the group's ability "to act swiftly when it
spots weakness", Atta-Asamoah said.

Additionally, the longer political uncertainty about Jubaland's
governance continues, the harder it is for humanitarian agencies to
scale up their activities there.

What next?

There is now a "full-fledged" showdown between Mogadishu and leaders
of the Jubaland Initiative, according to Michael Weinstein, professor
of political science at Chicago's Purdue University [
http://www.garoweonline.com/artman2/publish/Somalia_27/Somalia_The_Show-Down_in_Jubaland_Begins.shtml
].

He pointed to the absence of a credible judicial system to resolve the
constitutional row and warned that lack of clarity in the constitution
itself was "an invitation to endless legal contretemps."

There are also concerns about whether Jubaland is cohesive enough to
ensure a viable state. Its constituent regions lack decent road links
or any history of shared administration. "Geddo in the north links to
Mogadishu, the south links to [the Kenyan town of] Garissa. But Middle
and Lower Jubba roads are often impassable because of rains. There is
no easy prospect of people and goods moving throughout," said Ken
Menkhaus of Davidson College.

 "Whatever solution emerges," Matt Bryden, the director of Sahan
Research, told a recent seminar in Nairobi, "Jubaland is going to have
to deal with the kinds of issues we've heard about [for years]:
sharing and management of resources and the perception among various
clans that there is some kind of equitable distribution."

jh-am/rz

[END]

This report online: http://www.irinnews.org/report.aspx?reportID=97860



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