Ensuring Somali Women’s Rights & Substantive Political Representation in the Constitution

The federal institutions mandated by the constitution to draft and review the Provisional Constitution, namely the Constitutional Review, Implementation and Oversight Committee of the Federal Parliament of Somalia (OC) and the Independent Constitutional Review and Implementation Commission (ICRIC), began the review process of the first four chapters of the Provisional Constitution. The OC focuses on revising and amending the constitution, while the ICRIC handles the technical aspects. Against this backdrop, the Somali Gender Equity Movement (SGEM), in collaboration with women parliamentarians from both houses and civil society women, started advocating the amendment of Article 3, Paragraph 5 of Chapter One on the Basic Principles to clearly state: “Women shall hold a minimum of thirty percent (30%) of all positions across all three branches of government and independent commissions at Federal, Federal Member States, and local government levels, including elected and appointed positions” in the Provisional Constitution.

SGEM held its Forum for Solutions on this topic, entitled Ensuring Somali Women’s Rights & Substantive Political Representation in the Constitution, on March 3, 2024. SGEM invited esteemed panelists and discussants, including members directly involved in the Constitution review process and legal experts. These panelists and discussants were:

• Senator Zamzam Dahir Mohamud, Member of the Constitutional Review, Implementation and Oversight Committee of the Federal Parliament of Somalia (OC)
• MP Mursal M. Khalif, Chairman of the Parliamentary Friendship Committee with the United States and Member of the National Defense Committee
• Farhia Mumin, Member of the Independent Constitutional Review and Implementation Commission
• Hanifa Mohamed Ibrahim, Human Rights and Women Affairs Advisor to the Speaker of the House of the People, former Minister of Women and Human Rights Development, and former member of the 10th Parliament
• Shamsa Hassan Said, Senior Legal Consultant

The forum was moderated by Mohamed Elmi, a Public International Law and Human Rights Professional, and co-hosted by Zainab M. Hassan, Founder & Executive Director of SGEM.

The panel discussed the mandate and role of their respective institutions in the ongoing constitutional review process, the basic rights of women citizenship, women’s substantive political representation, and the main challenges that have been impeding the formal inclusion of the women’s quota in the constitution. Additionally, the discussion highlighted the importance of building alliances and ensuring more male parliamentarians support women’s rights and the formal women’s quota in the constitution.

Panelists addressed whether the inclusion of the minimum 30% women’s quota in the constitution requires complementary laws, policies, or reforms to dismantle broader structural inequalities that impede women’s meaningful political participation in Somalia. They discussed how this can be enforced and implemented at the federal, member states, and local government levels. Conversely, they also explored alternatives to ensure women’s political representation if the quota is not formally included in the constitution.

The panelists highlighted the next steps once the ongoing constitutional review process is completed, and participated in a question and answer session with participants.

Panelists and discussants concluded with the importance to effect meaningful change by tailoring policies and initiatives according to the specific needs and contexts of communities. This involves identifying leaders within these communities who can effectively drive change. Establishing mentorship programs, starting from schools and extending to universities and beyond, which can help nurture a pipeline of qualified women professionals and leaders. Women who are already in leadership roles as valuable mentors and role models for girls in educational institutions, motivating them to engage politically. Panelists and discussants recognize implementing such initiatives requires collaboration between various stakeholders, including independent organizations, civil society groups, and government agencies. These partnerships should be driven by a shared interest in promoting gender equity and empowerment.