Transitional Federal Government

Somalia

This article is part of the series: Politics and government of Somalia

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The Transitional Federal Government (TFG) (Somali: Dowladda federaalka kumeelgaarka) is the current internationally recognized government of the Republic of Somalia. It was established as one of the Transitional Federal Institutions (TFIs) of government as defined in the Transitional Federal Charter (TFC) adopted in November 2004 by the Transitional Federal Parliament (TFP). The government is backed by the United Nations and the African Union, as well as the United States.

The Transitional Federal Government officially comprises the executive branch of government, with the TFP as the legislative branch. The government is headed by the President of Somalia, to whom the cabinet reports through the Prime Minister. However, it is also used as a general term to refer to all three branches collectively.

The various departments of government, such as the Ministry of Defence, fall under the different cabinet portfolios.

Structure

The legal structure in Somalia is divided along three lines: civil law, religious law, and traditional clan law.

Civil law

While Somalia's formal judicial system was largely destroyed after the fall of the Siad Barre regime, it has been rebuilt and is now administered under different regional governments such as the autonomous Puntland and Somaliland macro-regions. In the case of the Transitional Federal Government, a new judicial structure was formed through various international conferences.

Despite some significant political differences between them, all of these administrations share similar legal structures, much of which are predicated on the judicial systems of previous Somali administrations. These similarities in civil law include:^[1]

• A charter which affirms the primacy of shari'a or Islamic law, although in practice shari'a is applied mainly to matters such as marriage, divorce, inheritance, and civil issues.

• The charter guarantees respect for universal standards of human rights to all subjects of the law. It also assures the independence of the judiciary, which in turn is protected by a judicial committee.

• A three-tier judicial system including a supreme court, a court of appeals, and courts of first instance (either divided between district and regional courts, or a single court per region).

• The laws of the civilian government which were in effect prior to the military coup d'état that saw the Barre regime into power remain in force until the laws are amended.

Constitution

The Transitional Federal Charter of the Somali Republic serves as the constitution of Somalia. It lays out the basic way in which the government is to operate.

Council of Ministers

The cabinet, formally known as the Council of Ministers, had at first comprised 42 offices, but was slimmed down to 31 during a period of contention in 2006. The Council of Ministers is appointed by the Prime Minister.

Executive branch

A President is elected by Parliament. The President is head of government, and chooses the Prime Minister, who leads the cabinet. The current President is Sharif Ahmed. The current Prime Minister is Omar Abdirashid Ali Sharmarke, who took office on February 13, 2009.

Parliament

The Transitional Federal Parliament elects the President and Prime Minister, and has the authority to pass and veto laws. It is also in charge of governance and administration of Mogadishu. Each of the four major clans hold 61 seats, while an alliance of minority clans hold 31 seats. After an alliance with the Islamic Courts Union and other Islamist groups was formed, the Islamists were awarded 200 seats. Representatives of citizens' groups and diaspora representatives hold 75 seats. By law, at least 12% of all representatives must be women. Members of parliament are selected through traditional clan leaders or shura councils. General elections are being planned.

Judiciary

Under the Transitional Federal Government, a Supreme Court based in Mogadishu was established, as well as an Appeals Court. Smaller local courts were also established. A Judicial Service Council directs all judiciary and advises the president. As the Islamic Courts Union is allied with the TFG, many shari'a courts established by the ICU still operate.

State governments

Under the Transitional Federal Government, local state governments maintain some power over their affairs and maintain their own police and security forces, but are subject to the authority of the Transitional Federal Government.

Education

The Ministry of Education is officially responsible for education in Somalia, with about 15% of the government's budget being spent on education. However, in practice, the education system is now largely private. In 2006, the autonomous Puntland region in the northeast was the second territory in Somalia after the Somaliland region to introduce free primary schools, with teachers now receiving their salaries from the Puntland administration.^[2] As of 2007, primary schools have also seen a 28% increase in enrollment over the preceding three years.^[3] In addition, several universities in Somalia, including Mogadishu University, have been scored among the 100 best universities in Africa in spite of the harsh environment, which has been hailed as a triumph for grass-roots initiatives.^[4]

Healthcare

The Ministry of Health heads the country's healthcare system. The current Minister of Health is Qamar Adan Ali.^[5] The autonomous Puntland region has its own Ministry of Health, which is headed by Dr. Mohamed Bashir Ali Bihi,^[6] as does the Somaliland region in northwestern Somalia, with its Ministry of Health led by Osman Bile Ali.^[7]

Military and police

A Transitional Federal Government soldier on a technical based on an ex-US M35 truck with an ex-Soviet twin 23mm anti-aircraft gun after arriving in Jowhar.

The Transitional Federal Government maintains an army of 10,000 soldiers, with the Ministry of Defense being responsible for the Armed Forces. Its weapons arsenal consists of:

• AK-47
• Heckler & Koch G3
• PK machine gun
• DShK
• ZU-23-2
• RPG-2
• RPG-7
• RPD
• 120 mm Mortar

Technicals are the only fighting vehicle in service.

In June 2009, the Somali Navy was re-established. Up to 500 Marines began training in Mogadishu, with the force expected to reach 5,000 men. The Somali Navy will be based in Puntland. The current commander is Admiral Farah Omar Ahmed. There are also plans for the re-establishment of the Somali Air Force. Two combat planes have already been purchased.

In addition, a new police force was re-established to maintain law and order. The first police academy to be built in Somalia for several years also opened on December 20, 2005 at Armo, 100 kilometres south of Bosaso.^[8] The Somali police also has a criminal investigations department in Mogadishu.

The autonomous Puntland and Somaliland regions within Somalia have their own security forces.

Capital

The skyline of Mogadishu.

As with previous Somali administrations, the Transitional Federal Charter of the Somali Republic recognizes Mogadishu as the capital of Somalia. The Parliament of Somalia meets in the city, which is also the seat of the nation's Supreme Court. In addition, Mogadishu is the location of the presidential palace, Villa Somalia, where the President resides. The Prime Minister also lives in the city. As the largest city in Somalia, Mogadishu has a population of about 3 million people. Prior to the civil war, it was the country's economic hub, though Hargeisa and Bosaso have since assumed that role.

History

The Transitional Federal Government (TFG) of the Republic of Somalia is the most recent attempt to restore national institutions to Somalia after the 1991 collapse of the Siad Barre regime and the ensuing Somali Civil War. Established in 2004 and internationally recognized, its support in Somalia was waning until the United States-backed 2006 intervention by the Ethiopian military, which helped drive out the rival Islamic Courts Union (ICU) in Mogadishu and solidify the TFG's rule.^[9] Following this defeat, the ICU splintered into several different factions. Some of the more radical elements, including Al-Shabaab, regrouped to continue their insurgency against the TFG and oppose the Ethiopian military's presence in Somalia. Throughout 2007 and 2008, Al-Shabaab scored military victories, seizing control of key towns and ports in both central and southern Somalia. At the end of 2008, the group had captured Baidoa but not Mogadishu. By January 2009, Al-Shabaab and other militias had managed to force the Ethiopian troops to withdraw from the country, leaving behind an underequipped African Union (AU) peacekeeping force.^[10]

Over the next few months, a new President was elected from amongst the more moderate Islamists, and the Transitional Federal Government, with the help of a small team of African Union troops, began a counteroffensive in February 2009 to retake control of the southern half of the country. To solidify its control of southern Somalia, the TFG formed an alliance with the Islamic Courts Union and other members of the Alliance for the Re-liberation of Somalia. Furthermore, Al-Shabaab and Hizbul Islam, the two main Islamist groups in opposition, began to fight amongst themselves in mid 2009.^[11]

As a truce, in March 2009, Somalia's newly established coalition government announced that it would implement shari'a as the nation's official judicial system.^[12]

International relations

The Transitional Federal Government is internationally recognized as the official government of Somalia. It currently occupies Somalia's seat in the United Nations. The Permanent Representative of Somalia to the United Nations is Elmi Ahmed Duale. Somalia is one of the founding members of the Organization of the Islamic Conference. The TFG also has ambassadors in other countries.

References

External links

• Official Site of the Somali Government