Max Planck Foundation facilitates development of joint review suggestions for Chapters 6-9 and 15 of the Somali Provisional Constitution
From 6–19 May 2016, the Max Planck Foundation facilitated a working retreat of the Constitutional Review and Implementation Oversight Committee (OC) of the Somali Federal Parliament and the Independent Constitutional Review and Implementation Commission (ICRIC) in Nairobi, Kenya. For two weeks, OC and ICRIC were provided with the opportunity to discuss the review suggestions prepared by both institutions separately and to develop joint review suggestions for engagement with the broader Somali public and ultimately for submission to the Federal Parliament.
With the support of Somalia project staff of the Max Planck Foundation, OC and ICRIC agreed on joint draft constitutional amendments for the remaining five Chapters of the Somali Provisional Constitution, i.e. Chapters 6-9 (legislature, executive and judiciary) and 15 (final and transitional provisions). Due to the politically charged nature of Chapters 6-9, and given the actual stage of the constitutional review process, a different approach was applied for these Chapters in that not only one, but three different review options were developed for these Chapters. OC and ICRIC eventually developed one preferred option and two alternatives, which will be presented to the relevant stakeholders for consultations.
This conclusion of the technical review of the Somali Provisional Constitution by OC and ICRIC represents an important milestone in the Somali constitutional review process. As per their constitutional mandates, OC and ICRIC will now start presenting the review suggestions in a broader public outreach and political consultation campaign so as to acquire public support for their suggestions. Ultimately, the draft constitutional amendments prepared by OC and ICRIC will need to be approved by the Somali Federal Parliament with a two-third majority.