Hospitals & Asylums    





$750 million Draft Constitution for the Republic of Somalia HA-8-6-06

1. MOGADISHU, Somalia (June 8) - An increasingly powerful Islamic militia rolled through its newly captured territory and installed a religious court in one town Wednesday as the remnants of a U.S.-backed alliance of warlords desperately tried to regroup.  The Islamic Courts Union controls the Somali capital and surrounding areas after defeating the secular warlord alliance in weeks of battles that killed at least 330 people - many of them civilians caught in the crossfire.

2. International development assistance must arrive for the refugees from Mogadishu and that Somalia, one of the poorest African countries that must receive proportional official development assistance this year from the UN by increasing spending on Somalia’s 8,591,629 from $60 million in 2003 to $750 million this 2006 as noted in the Africa Table of the State of the United Nations (SUN).  The US is sought to pay $250 million of this in cash and humanitarian (non military) assistance in apology for their previous indiscreet investments.

3. The Bush administration has not confirmed or denied giving money to the alliance and should not engage in any foreign military financing in Somalia. President Bush warned this week that the chief concern "is to make sure that Somalia does not become an al-Qaida safe haven."  

4. State Department spokesman Sean McCormack said Wednesday the Islamic Courts Union had sent a letter to the United States, adding that Washington was reserving judgment on the group.  "In terms of the Islamic courts, our understanding is that this isn't a monolithic group that it is really an effort on the part of some individuals to try to restore some semblance of order in Mogadishu," McCormack told reporters.  Their aim, he added, "is to try to lay the foundations for some institutions in Somalia that might form the basis for a better and more peaceful, secure Somalia where the rule of law is important."  McCormack would only confirm that the letter had been received. "I think that as a matter of principle that we would look forward to working with groups or individuals who have an interest in a better, more peaceful, more stable, secure Somalia who are interested - who are also interested in fighting terrorism," he said.

5. Somalia has been without a real government since largely clan-based warlords overthrew longtime dictator Mohamed Siad Barre in 1991 and then turned on each other, dividing this nation of 8 million into a patchwork of rival fiefdoms.  Militiamen toting heavy machine guns installed an Islamic court in Balad, about 20 miles from the capital. Chanting residents said that an Islamic state would help pacify a nation wracked by anarchy since 1991. "Allah is our God, Muhammad is our prophet and Islam is our religion, so we are in favor of acting on the holy Quran," said local cleric Mohamud Anshur.

6. If militiamen capture Jowhar and consolidate power in Mogadishu, the Islamic Courts Union will effectively control all of the major towns in southern Somalia, further isolating the U.N.-backed transitional government in Baidoa, 155 miles from the capital.  Interim Prime Minister Ali Mohamed Gedi told journalists in Baidoa that the international community needed to urgently send food, medicine and temporary shelter to assist residents of Mogadishu driven from their homes by the fighting. He called for international mediation to bring peace to Somalia's troubled capital and to prevent any future outbreaks of violence. He said his government was ready to begin negotiations with the Islamic militants.

7. Somalia's location in the Horn of Africa and its role as a cultural bridge with the Middle East gives the country strategic importance, so much so that the United States has posted troops in neighboring Djibouti to try to prevent terror groups from taking hold in the Horn of Africa.  But U.S. efforts to influence Somalia have consistently fallen flat. Since the terrorist attacks of Sept. 11, 2001, U.S. officials have expressed concerns that Somalia could become a haven for terrorists.

8. The SIAD BARRE regime was ousted in January 1991; turmoil, factional fighting, and anarchy have followed in the years since. In May of 1991, northern clans declared an independent Republic of Somaliland that now includes the administrative regions of Awdal, Woqooyi Galbeed, Togdheer, Sanaag, and Sool. Although not recognized by any government, this entity has maintained a stable existence, aided by the overwhelming dominance of a ruling clan and economic infrastructure left behind by British, Russian, and American military assistance programs. The regions of Bari and Nugaal and northern Mudug comprise a neighboring self-declared autonomous state of Puntland, which has been self-governing since 1998, but does not aim at independence; it has also made strides towards reconstructing a legitimate, representative government, but has suffered some civil strife. Puntland disputes its border with Somaliland as it also claims portions of eastern Sool and Sanaag.


9. Beginning in 1993, a two-year UN humanitarian effort (primarily in the south) was able to alleviate famine conditions, but when the UN withdrew in 1995, having suffered significant casualties, order still had not been restored. The mandate of the Transitional National Government (TNG), created in August 2000 in Arta, Djibouti, expired in August 2003. New Somali President Abdullahi YUSUF Ahmed has formed a new Transitional Federal Government (TFG) consisting of a 275-member parliament. It was established in October 2004 to replace the TNG but has not yet moved to Mogadishu. Discussions regarding the establishment of a new government in Mogadishu are ongoing in Kenya. Numerous warlords and factions are still fighting for control of the capital city as well as for other southern regions. Suspicion of Somali links with global terrorism further complicates the picture.


10. Somalia's economic fortunes are driven by its deep political divisions. The northwestern area has declared its independence as the "Republic of Somaliland"; the northeastern region of Puntland is a semi-autonomous state; and the remaining southern portion is riddled with the struggles of rival factions. Economic life continues, in part because much activity is local and relatively easily protected. Agriculture is the most important sector, with livestock normally accounting for about 40% of GDP and about 65% of export earnings, but Saudi Arabia's recent ban on Somali livestock, because of Rift Valley Fever concerns, has severely hampered the sector.  Mogadishu's main market offers a variety of goods from food to the newest electronic gadgets. Hotels continue to operate, and militias provide security. The ongoing civil disturbances and clan rivalries, however, have interfered with any broad-based economic development and international aid arrangements.


11. Nomads and semi-nomads, who are dependent upon livestock for their livelihood, make up a large portion of the population. Livestock, hides, fish, charcoal, and bananas are Somalia's principal exports, while sugar, sorghum, corn, qat, and machined goods are the principal imports. Somalia's small industrial sector, based on the processing of agricultural products, has largely been looted and sold as scrap metal. Despite the seeming anarchy, Somalia's service sector has managed to survive and grow.


12. Telecommunication firms provide wireless services in most major cities and offer the lowest international call rates on the continent. In the absence of a formal banking sector, money exchange services have sprouted throughout the country, handling between $500 million and $1 billion in remittances annually. In 2004 Somalia's overdue financial obligations to the IMF continued to grow. Statistics on Somalia's GDP, growth, per capita income, and inflation should be viewed skeptically. In late December 2004, a major tsunami took an estimated 150 lives and caused destruction of property in coastal areas.

13. Somalia is one of the poorest countries in the world.  With a population of 8,591,629 and GDP of $4.835 billion it has a per capita income significantly less than $600.  As the result of abysmal governance Somalia receives a disproportionately small amount of Official Development Assistance, $60 million in 2003.  It is hoped to increase this amount to $750 million in 2006.  It is absolutely critical that this money be used for food, medicine and temporary shelter to assist residents of Mogadishu driven from their homes by the fighting.  International mediation is sought to bring peace to Somalia's troubled capital and to prevent any future outbreaks of violence.  We hope that assistance will be sufficient for the establishment of a democracy that is not influenced by foreign, judicial or militant powers who shall all be employed by the government of Somalia.

14. Democracy is the process whereby the people freely choose their leaders.
a. Democracy is founded upon the freedom to peacefully debate the government, its laws and freely elect its leaders by secret ballot.  
Officials are expected to be of good character and to uphold the constitution and laws or be subject to their just compensation.  
b. Democratic principles are freedom and equal rights.  The law must protect the innocent and vulnerable to avoid a tyranny of the 
c. Democratic principles are important to ensure the “rule of the poor” rather than the rule of the majority that is usually the “rule 
of the rich”.   
d. The fundamental problem that democracy rectifies is the seizure of power by the military elite who so often lead society to warfare 
and barbarism.  
e. Political leaders are expected to manifest from civil society to promote the flourishing of the arts, science and culture; not war and 
f. Martial law involves disciplining your own soldiers and generals so that they cease aggressive and criminal behavior.
g. For world peace to be negotiated it is important that everyone upholds the principles of equal rights and world government is the only way 
to ensure this.  

15. The Inter-American Democratic Charter ratified (9/11/2001) reaffirms the principle of representative democracy for good governance.  The effective exercise of representative democracy is the basis for the rule of law and of the constitutional regimes of the member states of the Organization of American States. Representative democracy is strengthened and deepened by permanent, ethical, and responsible participation of the citizenry within a legal framework conforming to the respective constitutional order.  The peoples of the Americas have a right to democracy and their governments have an obligation to promote and defend it. The spiritual unity of the continent is based on respect for the cultural values of the American countries and requires their close cooperation for the high purposes of civilization. The education of peoples should be directed toward justice, freedom, and peace. Social justice and social security are bases of lasting peace.  The international community is sought to ensure that an electoral commission is supplied with polling devices as under 3USC§5. 

16. Whereas the Draft Constitution for the Republic of Somalia of 20 February 1995  by Jack L. Davies for the Reunification of the Somali People has not been ratified and no other constitutional document has been discovered it is assumed that government reform must be guided by the drafting and ratification of a Constitution.  The guiding principles for our Republic of Somalia (1.6) are:

a. Adherence to the basic principles of Islam in a secular state separating religion and state, but where Islam is our national religion.

b. Maintenance of national unity, peace, and security.

c. Creation of a cohesive Somali society based upon social justice, equality, freedom, and brotherhood for all; respect for the basic rights and freedoms of all Somali citizens and the safeguarding of minority rights.

d. The establishment of a truly democratic system, encouraging national political parties, not bent on groupings based on tribalism or clans.

e. Establishment of a decentralized form of government featuring regional autonomy and assemblies.

f. The preparation of a new and concise National Constitution and Rule of Law.

g. The peaceful settlement of disputes and the restoration of misappropriated property.

h. A clear emphasis upon meeting the genuine needs of our Citizens.

17. For a lasting peace a Constitutional Committee should be established as set forth in ( of the Draft Constitution for the Republic 
of Somalia of 20 February 1995 from whence such a document could be drafted in less than a day’s work after which time it could be 
ratified by the public.  The Citizens of the Republic of Somalia are defined to be all Somali People living mainly on the territory of the 
Republic of Somalia.  All Citizens who are 18 years of age or older are eligible for voting and must be registered (2.2).  We find for the 
government of Interim Prime Minister Ali Mohamed Gedi in Baidoa and pray that $750 million of humanitarian assistance will be sufficient 
to make peace with the Islamic Courts Union and other militias in Somalia, to feed and shelter the refugees from Mogadishu and for a 
democratic referendum regarding the Somali constitution and election of national, regional, district and village government officials.  

Tony Sanders