Transitional Federal Government of Somalia

During early 1991, the government of the Somali Democratic Republic collapsed as the Somali Rebellion transitioned into the full scale Somali Civil War. Between 1991 and 2000, no central government existed in Somalia. During 2000, the Transitional National Government (TNG) was formed. Another attempt was in Kenya during 2004 led to the formation of the Transitional Federal Government (TFG).

 

In October 2004, Abdullahi Yusuf Ahmed was elected President of the Transitional Federal Government (TFG) with strong backing from Ethiopia.^[3] The Ethiopian government supported Yusuf, anticipating that he would abandon Somalia’s long-standing claim to the Ogaden region.^[4] Prior to his presidency, Yusuf had been part of an Ethiopian-backed coalition of warlords that had disrupted the earlier Transitional National Government (TNG) formed in 2000.^[5] After taking office, Yusuf appointed Ali Mohammed Gedi as Prime Minister. However, on 11 December 2004, parliament passed a vote of no confidence in Gedi’s government, declaring his appointment unconstitutional. Despite this, Yusuf reappointed Gedi only two days later, though by the end of the year, Gedi had not reconstituted his cabinet.^[6] According to I.M. Lewis, Yusuf's election as president and his appointment of Gedi, who had ties to Ethiopian Prime Minister Meles Zenawi, were heavily influenced by Ethiopia. These connections played a key role in the Ethiopian invasion of Somalia two years later.^[7] The New York Times reported that PM Gedi’s rise to power had been effectively of Ethiopian creation.^[8]

In 2004, Yusuf made his first foreign visit as President when he travelled to Ethiopia. During the trip to Addis Ababa he requested 20,000 Ethiopian troops to back his government.^[3] The majority of Somali society, including much of the newly formed TFG, deeply opposed any foreign military intervention on Somali soil.^[9][10] An African Union fact finding mission to Somalia in 2005 found that the overwhelming majority of Somalis rejected troops from neighboring states entering the country.^[11] During 2005 the TFG was deeply divided over the issue of a possible deployment of foreign troops in Somalia. Various prominent Somali leaders and groups threatened to forcefully oppose such an intervention.^[12][13]

In March 2005, a debate on deploying foreign troops, including Ethiopian forces, to Somalia led to violence after the resolution was rejected by a vote of 156 to 55. A brawl was initiated by some opposing the result, injuring several MPs, and the vote was declared invalid thereafter. By insisting on the deployment of foreign troops from countries bordering Somalia, President Abdullahi Yusuf and his Prime Minister Ali Gedi disregarded the views of their cabinet, a clear majority of transitional parliament, and much of the public.^[14][15] Kenya, which had been hosting the conference, called the events disrespectful to its government and warned the TFG to behave as "we prepare you for your return home".^[16] Public opinion in Kenya turned against the TFG, as many citizens accused it of remaining in Kenya for per diem payments.^[17]

Under heavy pressure from Kenya, the government prepared to move into Somalia.^[18] During June 2005, the TFG moved into Somalia for the first time and promised to establish its authority across the country. Instead it quickly devolved into infighting, and serious internal divisions arose. A seat of power could not be agreed on. 100 members of the 275-strong parliament - led by Speaker Sharif Hassan Aden - chose to move to Mogadishu, stating they would try to restore stability to the capital. On the other hand President Abdullahi Yusuf, Prime Minister Ali Gedi and their supporters set up base in Jowhar, 90 km north of Mogadishu, citing insecurity in the capital.^[19]

Internal divisions were so serious that open warfare almost broke out between the two TFG factions in September 2005,^[18] coming dangerously close to a major conflict.^[17] Neither parliament or the full cabinet had met since the March fight in Kenya. No progress was made in establishing a minimally functional government or creating a civil service.^[18] For the remainder of 2005 the TFG remained deeply divided.^[19] So little was achieved over 2005 that some observers argued that the March fighting had been "the only high point for the TFG" as MPs had not simply rubber stamped proposals.^[20] Despite these serious deficiencies in capacity, Günther Schlee observes that, "the idea that the TFG was the government of Somalia still persisted in legal fiction and in the ambitions of the Ethiopians."^[17]

In February 2006, the TFG struck a deal with the warlord in control of Baidoa city, and moved the seat of government there. Several TFG ministers were members of a CIA backed alliance of warlords fighting the rising Islamic Courts Union (ICU) in Mogadishu. After the ICU defeated the warlords, the TFG fired the ministers who had been apart of the alliance. In Baidoa, the TFG enjoyed the support of the warlord who controlled the city and had earlier prevented the government from entering.^[17] According to an Africa Research Specialist from the US Congressional Research Service, the TFG was dysfunctional from its inception and "failed miserably" as a functioning government.^[3]

The new Transitional Federal Government under the Presidency of Abdullahi Yusuf Ahmed wished to establish authority over Somalia, and sought assistance from Ethiopian troops who also sought to forcibly depose the Islamic Courts Union. In a move widely opposed by many TFG parliamentarians,^[21][22] President Yusuf made the widely unpopular decision to invite Ethiopian troops to prop up his administration.^[23] As an institution, the TFG did not consent to or approve of the Ethiopian military intervention. No parliamentary approval was given for a decision openly opposed by a significant portion of the government.^[24] During late July 2006, over a dozen TFG parliamentarians resigned in protest of the Ethiopian invasion,^[25] and by August 2006 the government was mired in a severe internal crisis and at risk of collapse.^[26] Government soldiers began defecting over to the ICU.^[27] Professor Abdi Ismail Samatar observes that the Ethiopians had complete control over the TFG headquarters and had begun arming warlords defeated by the ICU.^[28]

After the Ethiopian National Defence Force seized control of Mogadishu in the last days of 2006, the TFG announced that the rivaling Islamic forces had been defeated and that no further major fighting was expected to take place.^[29] The Islamic Courts Union splintered into several different insurgent factions. Some of the more radical elements, including Al-Shabaab, regrouped to wage an insurgency against the Ethiopian military presence in Somalia and the TFG.^[30] The TFG proved to be incapable of controlling Mogadishu,^[31] or of surviving on its own without Ethiopian troops.^[32] Most of the population of the city opposed the TFG and perceived it to be a puppet government.^[31] The military occupation was marked by indiscriminate violence towards civilians by the Ethiopian army and TFG. Homes were raided in search of ICU loyalists, with lootings, beatings and executions of suspected collaborators commonplace.^[33]

The TFG soon began to run into increasing opposition from remnants of the Islamic Courts Union, and despite moving much of the government in January to Mogadishu, many ministers chose to remain in Baidoa.^[34] Several high ranking figures of the TFG, including ex-speaker Sharif Hassan Sheikh Aden, were fired for calling for a compromise with the ICU.^[35] Members of the TFG present in Nairobi were threatened with expulsion by the Kenyan foreign minister after they publicly called for the withdrawal of Ethiopian troops.^[36] In the year after the invasion, the TFG parliament was purged of opposition figures and represented a narrow coalition of Somali society. For much of 2007 the government was besieged and dysfunctional, with virtually no progress being made for political transition. It was plagued with charges of corruption and abuse, including the obstruction of relief aid deliveries.^[37] The TFG security forces, both police and military, were notoriously undisciplined, committing numerous acts of murder and sexual violence against civilians. Internal hostilities within the security forces even resulted in shootouts between units as they fought over control of revenue from illegal checkpoints.^[38]

At the start of 2007, the TFG imposed martial law. It issued directives which included a ban on public meetings, attempts to organize political campaigns and major media outlets, which were enforced by Ethiopian troops. Warlord militia checkpoints began reappearing on Mogadishu roads and insecurity started once again returning to the city.^[39] In an effort to suppress the growing insurgency, the Ethiopian army resorted to heavy-handed military tactics, including the use of white phosphorus munitions and heavy artillery on civilian areas. This greatly intensified resentment and distrust of the TFG-Ethiopia alliance from Somali citizens.^[40] During the fierce fighting in Mogadishu between ENDF/TFG forces and the insurgency, the Ethiopians reportedly engaged in the carpet bombing of neighborhoods. President Abdullahi Yusuf announced in a radio address that “any place from which a bullet is fired, we will bombard it, regardless of whoever is there.”^[41] The presence of Ethiopian troops reinforced the authoritarian behavior of the TFG.^[42] Time magazine reported that the battles raging in the Mogadishu at the time were 'some of the most savage fighting' the capital had ever experienced.^[43] European Union ambassador to Somalia Walter J. Lindner sent a letter to President Yusuf condemning the deliberate blockade the delivery of urgently needed humanitarian supplies relief and the bombardment of civilian areas sanctioned by the government.^[44] The TFG and the Ethiopians had little public support, and Ethiopian troops rarely conducted patrols due to frequent losses to Somali insurgents.^[45] The government lacked the credibility, legitimacy, and capacity to rule effectively. It continually refused to consider any new power arrangement that would broaden its governing base throughout 2007.^[40]

By the beginning of 2008, insurgent pressure had mounted on the Ethiopian and TFG troops in the south-central regions of Somalia. The Shabeelle, the Jubba Valley along with the Bay and Bakool regions in particular became hot spots. Islamist fighters gained strength and were able to move from different towns with little resistance as they had accrued significant public support. What had at first seemed to be a series of probes soon morphed into a significant insurgent offensive against Ethiopian and TFG forces.^[46] The TFG suffered further serious internal divisions in this period. During 2008, TFG President Abdullahi Yusuf began undermining the new prime minister, Nur Hassan Hussein. PM Nur had replaced PM Ali Gedi in November 2007, who was widely viewed as corrupt and an impediment to the reconciliation process. Much of the criminality in south Somalia during 2008 was linked to TFG security forces. In April 2008, Oxford Analytica observed that the TFG was 'little more' than a collection of armed rival groups.^[47] Abattle erupted in Mogadishu after TFG forces began robbing a marketplace, resulting Islamist insurgents inflicting heavy losses on the TFG forces after they came defend the merchants.^[48] Human Rights Watch report accused the TFG of human rights abuses and war crimes including murder, rape, assault, and looting. The report also states that the TFG police force were implicated in arbitrary arrests of ordinary civilians in order to extort ransoms from their families.^[49]

During June a faction of the ARS and the TFG signed a ceasefire agreement after months of talks in Djibouti. The agreement was met with resistance from elements within the TFG, chiefly President Abdullahi Yusuf.^[50] The Djibouti Peace Process called for the withdrawal of Ethiopian troops from Somalia.^[51] At the time the TFG was crippled by infighting and largely under the control of warlords as insurgent attacks worsened by the day.^[52] By mid-2008, President Yusuf had lost all the support he had accumulated in the international community. His primary backer, Ethiopia, had also become tired of the TFG president only offering military answers to serious political issues.^[53]

By November 2008, the Islamist insurgency fighting against the Ethiopian army and TFG had effectively won. The majority of south and central Somalia, along with the capital was under the control of Islamist factions. Ethiopia had redeployed much of its army out of Somalia by the end of the year.^[54] Due to rampant and pervasive corruption within the government, salaries went unpaid.^[38] More than 80% of TFG military and security forces, nearly 15,000 personnel, deserted the government by the end of 2008.^[55]

Rife with infighting and serious divisions, the TFG was once again on the brink of collapse by November 2008.^[56] On 26 October, a ceasefire agreement was signed between the Alliance for the Re-liberation of Somalia and the TFG. It was to go into effect on 5 November.^[57] President Abdullahi Yusuf admitted that the country was slipping to the insurgency and "raised the prospect his government could completely collapse." Ethiopia announced it would withdraw its troops from Somalia by the end of 2008 on 28 November.^[58] To shore up his rule in Mogadishu, Yusuf deployed thousands of his own troops from Puntland to Mogadishu. Financial support for this effort was provided by the autonomous region's government. This left little revenue for Puntland's own security forces and civil service employees, leaving the territory vulnerable to piracy and terrorist attacks.^[59][60]

In December 2008, the TFG parliament moved to impeach President Abdullahi Yusuf, accusing him of being a dictator and an obstacle to peace.^[61] After TFG prime minister Nur Hassan had blamed Yusuf for the TFG's failures, Yusuf had fired him without the required approval of parliament.^[62] The TFG once again found itself based largely out of Baidoa and the African Union released a statement declaring the insurgency controlled most the country.^[63] That month President Yusuf resigned after stating that he had lost control of the country to Islamist insurgents.^[64] The TFG failed to make any meaningful impact on the ground during is tenure and presided over one of the bloodiest periods in modern Somali history.^[65] During January 2009, the first Transitional Federal Government collapsed and Al-Shabaab overran the seat of the government in Baidoa.^[66]

Between 31 May and 9 June 2008, representatives of Somalia's federal government and the moderate Alliance for the Re-liberation of Somalia (ARS) group of Islamist rebels participated in peace talks in Djibouti brokered by the former United Nations Special Envoy to Somalia, Ahmedou Ould-Abdallah. The conference ended with a signed agreement calling for the withdrawal of Ethiopian troops in exchange for the cessation of armed confrontation. Parliament was subsequently expanded to 550 seats to accommodate ARS members, which then elected Sheikh Sharif Sheikh Ahmed, the former ARS chairman, to office. President Sharif shortly afterwards appointed Omar Abdirashid Ali Sharmarke, the son of slain former president Abdirashid Ali Sharmarke, as the nation's new prime minister.^[67]

 

With the help of a small team of African Union troops, the coalition government also 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, other members of the Alliance for the Re-liberation of Somalia, and Ahlu Sunna Waljama'a, a moderate Sufi militia.^[68] Furthermore, Al-Shabaab and Hizbul Islam, the two main Islamist groups in opposition, began to fight amongst themselves in mid-2009.^[69]

As a truce, in March 2009, Somalia's coalition government announced that it would re-implement Shari'a as the nation's official judicial system.^[70] However, conflict continued in the southern and central parts of the country. Within months, the coalition government had gone from holding about 70% of south-central Somalia's conflict zones, territory which it had inherited from the previous Yusuf administration, to losing control of over 80% of the disputed territory to the Islamist insurgents.^[71]

During the coalition government's brief tenure, Somalia topped the Fund For Peace's Failed States Index for three consecutive years. In 2009, Transparency International ranked the nation in last place on its annual Corruption Perceptions Index (CPI), a metric that purports to show the prevalence of corruption in a country's public sector.^[72] A World Bank report also alleged that about $130 million that the coalition government had received over this 2009 and 2010 period was unaccounted for.^[73] In July 2012, a report by the UN Monitoring Group on Somalia and Eritrea (SEMG) submitted to the UN Security Council alleged that between 2009 and 2010, around 70 percent of funds that had been earmarked for development and reconstruction in Somalia were unaccounted for.^[74][75] President Sharif Sheikh Ahmed rebuked the claims, indicating in particular that a $3 million payment from the Government of Oman had gone toward legitimate government expenses, including loans, security forces and parliament. Ahmed also asserted that the SEMG paper had been "timed to coincide with the end of [the] transition period in order to discredit the TFG," and that the Monitoring Group was the "wrong approach for Somalia's peace and development."^[76]

On 14 October 2010, diplomat Mohamed Abdullahi Mohamed was appointed the new prime minister of Somalia after the resignation of Premier Omar Abdirashid Ali Sharmarke.^[77]

 

Per the Transitional Federal Government's (TFG) Charter,^[78] Prime Minister Mohamed named a new Cabinet on 12 November 2010,^[79] which has been lauded by the international community.^[80][81] The allotted ministerial positions were reduced from 39 to 18.^[79][82] Only two Ministers from the previous Cabinet were reappointed: Hussein Abdi Halane, the former Minister of Finance and a well-regarded figure in the international community,^[83] was put in charge of a consolidated Ministry of Finance and Treasury; and Dr. Mohamud Abdi Ibrahim remained the minister of Commerce and Industry.^[83] Ahlu Sunna Waljama'a, a moderate Sufi group and an important military ally of the TFG, was also accorded the key Interior and Labour ministries.^[82][83] The remaining ministerial positions were largely assigned to technocrats new to the Somali political arena.^[84]

In its first 50 days in office, Prime Minister Mohamed's new administration completed its first monthly payment of stipends to government soldiers, and initiated the implementation of a full biometric register for the security forces within a window of four months. Additional members of the Independent Constitutional Commission were also appointed to engage Somali constitutional lawyers, religious scholars and experts in Somali culture over the nation's upcoming new constitution, a key part of the government's Transitional Federal Tasks. In addition, high level federal delegations were dispatched to defuse clan-related tensions in several regions. According to the prime minister of Somalia, to improve transparency, Cabinet ministers fully disclosed their assets and signed a code of ethics.^[85]

An Anti-Corruption Commission with the power to carry out formal investigations and to review government decisions and protocols was also established so as to more closely monitor all activities by public officials. Furthermore, unnecessary trips abroad by members of government were prohibited, and all travel by ministers now require the Premier's consent.^[85][86] A budget outlining 2011's federal expenditures was also put before and approved by members of parliament, with the payment of civil service employees prioritized. In addition, a full audit of government property and vehicles is being put into place.^[85][87] On the war front, the new government and its AMISOM allies also managed to secure control of Mogadishu by August 2011.^[88] According to the African Union and Prime Minister Mohamed, with increasing troop strength the pace of territorial gains is expected to greatly accelerate.^[85][87]

 

In June 2011, following the Kampala Accord, the mandates of the President, the Parliament Speaker, and Deputies were extended until August 2012.^[89]

On 19 June 2011, Mohamed Abdullahi Mohamed resigned from his position as Prime Minister of Somalia as part of the controversial Kampala Accord's conditions. The agreement would also see the mandates of the President, the Parliament Speaker and Deputies extended until August 2012, after which point new elections are to be organized, including a parliamentary vote-based presidential election.^[89] Abdiweli Mohamed Ali, Mohamed's former Minister of Planning and International Cooperation, was later named permanent prime minister.^[90]

Backed by the United Nations, the African Union, as well as the United States, the TFG battled Al Shabaab insurgents to assume full control of the southern part of the country. By August 2011, the government, under President Sharif Sheikh Ahmed and its AMISOM (African Union Mission in Somalia) allies managed to secure control over all of Mogadishu.^[91]

In February 2012, Somali government officials met in the northeastern town of Garowe to discuss post-transition arrangements. After extensive deliberations attended by regional actors and international observers, the conference ended in a signed agreement between TFG President Sharif Sheikh Ahmed, Prime Minister Abdiweli Mohamed Ali, Speaker of Parliament Sharif Adan Sharif Hassan, Puntland President Abdirahman Mohamed Farole, Galmudug President Mohamed Ahmed Alim and Ahlu Sunnah Wal Jama'a representative Khalif Abdulkadir Noor stipulating that: a) a new 225 member bicameral parliament would be formed, consisting of an upper house seating 54 Senators as well as a lower house; b) 30% of the National Constituent Assembly (NCA) is earmarked for women; c) the President is to be appointed via a constitutional election; and d) the Prime Minister is selected by the President and he/she then names his/her Cabinet.^[92][93] On 23 June 2012, the Somali federal and regional leaders met again and approved a draft constitution after several days of deliberation.^[94] The National Constituent Assembly overwhelmingly passed the new constitution on 1 August, with 96% voting for it, 2% against it, and 2% abstaining.^[95]

The Transitional Federal Government (TFG) constituted the executive branch of government, with the TFP serving as the legislative branch. The government was headed by the President of Somalia, to whom the cabinet reported through the prime minister.

Alongside the national constitution, the Transitional Federal Charter of the Somali Republic (TFC) laid out the basic way in which the government was to operate.

The Transitional Federal Parliament elected the president and prime minister, and had the authority to pass and veto laws. It was also in charge of governance and administration of Mogadishu. Each of the four major clans held 61 seats, while an alliance of minority clans held 31 seats.

After an alliance with the Islamic Courts Union and other Islamist groups, the Islamists were awarded 200 seats. Representatives of citizens' groups and representatives of the Somali diaspora held 75 seats. By law, at least 12% of all representatives had to be women. Members of parliament are selected through traditional clan leaders or shura councils.

A President was elected by Parliament. The President was head of government, and chose the Prime Minister, who would lead the cabinet.

The Cabinet, formally known as the Council of Ministers, at first comprised 42 offices,^{[citation needed]} but was later slimmed down to 31 portfolios ^{[citation needed]} during a period of contention in 2006.^{[citation needed]} In 2010, it was further scaled down to 18 posts.^{[citation needed]} The Council of Ministers was appointed by the prime minister.^{[citation needed]}

The government posts and ministerial positions were as follows:^{[citation needed]}

Despite some significant political differences between them, all of these administrations shared similar legal structures, much of which were predicated on the judicial systems of previous Somali administrations. These similarities in civil law included:^[96]

• A charter which affirmed the primacy of shari'a or Islamic law, although in practice shari'a was applied mainly to matters such as marriage, divorce, inheritance and civil issues.
• The charter guaranteed respect for universal standards of human rights to all subjects of the law. It also assured the independence of the judiciary, which in turn was protected by a judicial committee.
• There was 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 were to remain in force unless the laws were amended.

The Ministry of Education was officially responsible for education in Somalia, with about 15% of the government's budget being spent on education. However, in practice, the education system was 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 receiving their salaries from the Puntland administration.^[97]

Several universities in Somalia, including Mogadishu University, were ranked among the 100 best universities in Africa despite the harsh environment, which was hailed as a triumph for grass-roots initiatives.^{[98][citation needed]}

The Ministry of Health headed the country's healthcare system. The Minister of Health was Qamar Adan Ali.^[99] The autonomous Puntland region had its own local Ministry of Health, which is headed by Dr. Mohamed Bashir Ali Bihi,^[100] as did the Somaliland region in northwestern Somalia, with its Ministry of Health led by Osman Bile Ali.^[101]

The Transitional Federal Government's Ministry of Defense was officially responsible for the Somali National Army (SNA).

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 opened on 20 December 2005 at Armo, 100 kilometres south of Bosaso.^[102] The Somali police also had a criminal investigations department in Mogadishu.

From 2004 to 2009, the TFG security forces were essentially uniformed clan militia who were loyal to their individual commander and only nominally under the control of the government. In many instances these security forces were hostile to one another. Ethiopia, the TFG's closes ally at the time, took the lead in training and integrating a Somali army but failed. Between 2004 and 2008, over 10,000 Ethiopian trained TFG soldiers deserted or defected to the insurgency. When Ethiopian forces withdrew from Somalia in 2008, the task of forming a new army was given to AMISOM. At this point there was still no meaningful chain of command.^[38]

In August 2011, a TFG-Puntland cooperative agreement called for the creation of a Somali Marine Force unit, of which the already established Puntland Maritime Police Force (PMPF) would form a part.^[103]

 

The Transitional Federal Government is internationally recognized as the official government of Somalia. It occupies Somalia's seat in the United Nations, the African Union, and the Organisation of Islamic Cooperation (OIC). The Permanent Representative of Somalia to the United Nations is Elmi Ahmed Duale. The Deputy Permanent Representative is Idd Beddel Mohamed. Somalia is one of the founding members of the OIC. The TFG also has ambassadors in other countries.

The Transitional Federal Government currently maintains embassies in 34 countries.^[104] Ethiopia maintains an embassy in Mogadishu,^[105] and consulates in Hargeisa in Somaliland and in Garowe in Puntland.^[106][107] Djibouti re-opened its embassy in Mogadishu in December 2010.^[108] The following year, India also re-opened its embassy in the capital after a twenty-year absence,^[109] as did Turkey.^[110] Italy maintains a special diplomatic delegation and a Technical Mission to Mogadishu, and is scheduled to re-open its embassy in the city.^[111] In 2011, the United Kingdom likewise announced plans to re-open its embassy in Mogadishu,^[112] with Iran following suit in 2012.^[113]

• Child soldiers in Somalia

• Benadir Regional Administration – Transitional Federal Government of Somalia
• Somali Peace Process from the African Union Mission in Somalia