Since the collapse of the central government in 1991, Somalia has been in a prolonged struggle to reestablish national governance structures and the rule of law. A critical milestone in this effort was the adoption of the 2012 Provisional Constitution, meant to lay the foundation for a stable, democratic, and federal Somalia. However, the reality today paints a much darker and more troubling picture. The Provisional Constitution remains unfinished, tampered with, and disrespected by those in power. As a result, Somalia drifts dangerously close to lawlessness, where the whims of a corrupt leadership class replace legitimate constitutional authority.
The Provisional Constitution of 2012: A Broken Promise
The 2012 Provisional Constitution was never meant to be a final document. It was, as the name suggests, provisional — a temporary arrangement to bridge Somalia from chaos to constitutional order. It laid out a federal system, promising elections, separation of powers, human rights protections, and a process for completing and finalizing the constitution through a referendum. Yet, more than a decade later, Somalia has failed to finalize this document. Worse still, reports indicate that four major chapters of the Provisional Constitution were altered without following the legal amendment procedures, raising serious concerns about its legitimacy and integrity.
A constitution, by its nature, must be respected and changed only through transparent, inclusive, and lawful means. When chapters are modified behind closed doors or through the influence of narrow political interests, the constitution ceases to be a social contract and becomes a tool of oppression.
The Erosion of Legal and Customary Frameworks
Many countries around the world operate successfully without a single, codified constitution. Nations like the United Kingdom rely on a complex tapestry of statutes, customary laws, case law, and parliamentary traditions. However, the key difference is that these legal frameworks are respected, broadly accepted, and consistently enforced.
In Somalia, even the fallback to customary law (xeer) and Islamic jurisprudence has been undermined by political interference, corruption, and fragmentation. Instead of a cohesive legal system binding the country together, Somalia is increasingly ruled by personal loyalty, clan-based favoritism, and raw political power. The federal government and the member states often act without regard for the provisional constitutional framework or any consistent rule of law, creating a patchwork of competing legal authorities and fueling instability.
The Rise of Corruption and Authoritarianism
Without a credible constitution or functioning legal system, Somalia’s political scene has become dominated by a culture of corruption and authoritarian practices. Presidents at both the federal and state levels manipulate institutions, sideline opponents, and extend their mandates through force or deception. Elections, where they occur, are often delayed, rigged, or manipulated. Parliamentary proceedings, which should serve as a check on executive power, are instead co-opted by the highest bidder or manipulated by political elites.
In this environment, the president and his inner circle wield extraordinary power, unchecked by courts, legislatures, or the people. The concept of public service is eclipsed by personal enrichment and clan-based patronage. In effect, Somalia has fallen into a dangerous state where government decisions are based more on personal whims than on any law, constitutional or customary.
Consequences for the Somali People
The human cost of this constitutional crisis is enormous. Ordinary Somalis face insecurity, economic hardship, and political disenfranchisement. Without a clear and respected legal framework, citizens have no reliable way to seek justice, defend their rights, or participate meaningfully in governance. Extremist groups like Al-Shabaab and ISIS exploit this vacuum, presenting themselves as more reliable providers of order and justice than the government itself.
Moreover, the persistent constitutional crisis undermines Somalia’s international credibility and blocks access to critical economic and security assistance. Investors, donors, and allies are hesitant to engage deeply with a country that lacks a stable legal foundation.
The Path Forward: Reclaiming Constitutionalism
Rebuilding Somalia’s governance must begin with reclaiming and finalizing the constitution through a transparent, inclusive process. Somalis must have the opportunity to debate and approve a constitution that truly represents the will of the people, not just the ambitions of political elites. This process must be protected from manipulation, and it must respect Somalia’s diverse traditions, Islamic values, and federal structure.
Moreover, Somalia’s institutions must be strengthened and made independent. Courts must be insulated from political interference. Parliaments must become true forums of debate and oversight, not rubber stamps. Finally, political leaders must be held accountable to the law — not above it.
Without these steps, Somalia risks becoming not just a failed state but a permanently lawless one, ruled not by laws and rights but by force and corruption.
Conclusion
Somalia’s current constitutional crisis is a stark warning about what happens when a nation’s foundational laws are ignored, manipulated, and abandoned. Without a legitimate, respected constitution and functioning legal system, Somalia cannot hope to achieve stability, democracy, or prosperity. The Somali people deserve better — they deserve a government bound by law, not by the whims of corrupt rulers. Only by recommitting to constitutionalism can Somalia escape its cycle of conflict and build a future worthy of its rich history and resilient people.
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Ismail Haji Warsame | Chief of Staff of President Abdullahi Yusuf | Warsame Digital Media (WDM) | X: @ismailwarsame
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