Somalia's Parliament Approves Historic Constitutional Amendments
After weeks of intense debate, Somalia's bicameral federal parliament approved amendments to the first four chapters in the country's provisional constitution.
In a joint session in Mogadishu, lawmakers voted on each chapter individually before casting votes on the overall amendments proposed by the Independent Constitutional Review and Implementation Commission, or ICRIC.
The speaker of the Lower House, Sheikh Adan Mohamed Nur Madobe, announced a significant majority of members were in favor of amending the constitution.
“A total of 212 members of the Lower House and 42 members of the Upper House supported the amendments, with no abstentions or rejections. Therefore, the amendment has been approved with a unanimous vote,” said Madobe.
Hussein Idow, chairperson of the Constitutional Review Committee, said that three proposed provisions in a draft related to religion would get further review.
“This decision of the postponement of the religion provisions aims to ensure that these provisions align with the principles and values of the Somali people,” he said.
“This provisional constitution has been under review for nearly a decade. From 2012, three parliaments have tried to amend it, but the efforts to finalize the review gained momentum in late 2023. Thanks to the 11th parliament of Somalia for daring to conduct the amendment,” said Idow.
One key provision in the approved draft establishes that Somalia will have a president and a prime minister. The president will hold the authority to appoint and remove the prime minister from office, an amendment that replaces the previous requirement for the prime minister to obtain a vote of confidence from parliament and allowing more flexibility in the executive branch.
The amended constitution sets the term of office for government constitutional bodies at five years and refers to regional state presidents as leaders.
It also establishes the presence of three political parties in the country, promoting a multi-party system.
Some political stakeholders, including former Somali Presidents Mohamed Abdullahi Farmaajo and Sharif Sheikh Ahmed, as well as Puntland state leaders, strongly opposed that amendment.
They expressed concerns about the lack of consensus among political actors regarding the changes.
In February, the ICRIC submitted suggested amendments to parliament, focusing on the first four chapters. Those amendments cover the age of maturity for girls and the criminalization of female genital mutilation. The approved amendments establish the age of maturity at 15 and the age for responsibility at 18 — suggesting that everyone under 18 should remain protected by juvenile justice standards.
But rights groups say this would risk reinforcing existing traditional norms, which can force girls to marry at the age of 15.
On Friday, Human Rights Watch warned that the constitutional proposal in its current form puts children at risk.
“It would place girls in particular at greater risk of child marriage, which affects their health, notably reproductive health, their access to education and their protection from other forms of abuse,” Human Rights Watch said.
“Somalia’s parliament should resist efforts to weaken constitutional protections for children, especially girls,” said Laetitia Bader, deputy Africa director at Human Rights Watch. “Somalia’s donors should press the government to carry through on its claims that it is taking significant steps to meet its international human rights commitments.”