From Provisional to Permanent Constitution? Assessing the End of Somalia’s Constitutional Review Process

On 4 March 2026, Somalia’s Federal Parliament approved the final set of amendments to the Provisional Constitution, concluding a more than 14-year constitutional review process. While the amendments represent a formal milestone in Somalia’s state-building efforts, their adoption has provoked a spectrum of reactions: some Federal Member States have withdrawn cooperation, opposition groups have threatened parallel elections, and debates over legitimacy and regional autonomy continue. With public ratification through a referendum still pending, the ultimate test of the review process, and its capacity to stabilize Somalia’s political landscape, remains ahead—writes Jan Amilcar Schmidt.

On 4 March 2026, two years after the adoption of amendments to Chapters 1 to 4 of the Somali Provisional Constitution, the Federal Parliament adopted the long-anticipated amendments to Chapters 5 to 15. With that, over a decade of constitutional review in the country may have come to an end. 

As noted by the late former Speaker, HE Mohamed Osman Jawari, at the beginning of its term, the current Federal Government under HE President Hassan Sheikh Mohamud enjoyed much more favorable support from within the Federal Parliament and Federal Member States compared to previous governments. Soon after assuming the presidency for a second time, and unlike during his first time in office, Mohamud pledged to prioritize the finalization of the constitutional review process and the preparation for direct one-person-one-vote elections. 

Consequently, he re-established the Independent Constitutional Review and Implementation Commission (ICRIC), mandated to draft proposals for constitutional amendments, and requested the Somali Federal Parliament to reconstitute the Constitutional Review and Implementation Oversight Committee (OC) to guide and instruct the work of the ICRIC and facilitate the adoption of constitutional amendments by both of its Houses. As the Provisional Constitution subjects some of the questions related to the federalization process to negotiations between the Federal Government and Federal Member States, he also convened the Presidents of the Federal Member States and the Mayor of Mogadishu in a National Consultative Council (NCC) to engage in such negotiations.

With the exception of Puntland, whose President HE Said Abdullahi Deni did not sign the first NCC communique and boycotted all subsequent NCC meetings, all Federal Member States have negotiated and agreed upon important aspects of constitutional completion and state building. Consequently, the OC instructed ICRIC to develop draft constitutional amendments implementing these agreements. 

The OC and ICRIC followed an incremental approach, dividing the Provisional Constitution into three parts, i.e., Chapters 1 to 4 covering General Principles, Human Rights, and Elections, Chapters 5 to 9 covering federal relations and the different branches of the Federal Government, and Chapters 10 to 15 covering Public Finance, Security and Final and Transitional Provisions. In January 2024, to facilitate the process, adoption procedures were developed and agreed upon, involving both Houses of the Somali Federal Parliament. 

Amendments to Chapters 1 to 4

On 30 March 2024, both Houses approved the draft amendments to Chapters 1 to 4 with an overwhelming majority of all members present during the joint session. As per the agreed adoption procedures, both Houses voted separately and with an individual vote count to achieve the constitutionally required two-third majority in both Houses. 212 out of 275 members of the House of the People and 42 out of 54 members of the Upper House voted in favor of the proposed amendments, including members from Puntland. One day later, HE President Hassan Sheikh Mohamud signed the constitutional amendments into law.

While the original draft prepared by OC and ICRIC introduced a presidential system with a President and Vice President directly elected by the people (as agreed upon during NCC meetings), following 19 joint sessions to debate the proposed amendments, members of Parliament insisted to maintain the office of the Prime Minister subject to the confidence of Parliament. So, a semi-presidential system was established, with a President elected directly by the people responsible to appoint and dismiss the Prime Minister and the Council of Ministers, both serving also at the discretion of the House of the People of the Somali Federal Parliament. 

Furthermore, the revised Chapters provided for one-person-one-vote parliamentary elections, designed to finally replace the clan‑based indirect election model which has been practiced in Somalia since 2000. However, while the original draft envisaged to restrict the total number of political parties allowed to compete in federal and state elections to the two political parties who gained the most votes in the local council elections, members of Parliament insisted on allowing at least three national parties to contest in federal and state elections. The term of all elected institutions was extended to five years, and the election streamlined into one general election. 

Despite the numerous concessions made during the parliamentary debate, (...) the parliamentary approval process was heavily criticized for being rushed, manipulative, and non-inclusive.

Despite the numerous concessions made during the parliamentary debate, and despite having duly followed the amendment and adoption procedures, the parliamentary approval process was heavily criticized for being rushed, manipulative, and non-inclusive. As a result, Puntland suspended cooperation with the Federal Government and stated that the Provisional Constitution as adopted in 2012 was the only legitimate Constitution. 

Amendments to Chapters 5 to 15

In November 2024, the Federal Parliament approved three key pieces of electoral legislation, the National Electoral Law, the Political Parties Law, and the Law Establishing the National Independent Electoral and Boundaries Commission, to operationalize the adopted constitutional amendments to Chapter 4 and provide the legal framework for the planned one-person-one-vote elections by 2026, as agreed by the NCC. Their adoption triggered immediate and severe political backlash, confirming the deep constitutional crisis that had unfolded. 

Puntland maintained its withdrawal of recognition of the Federal Government and the Federal Parliament decisions. Jubaland's President, HE Ahmed Mohamed Islam (Madobe),despite of previously having signed the relevant NCC agreements, suspended relations and cooperation with the Federal Government shortly after the laws were passed, rejecting the electoral framework and proceeding with his own, contested, state-level indirect election. As a result, the Jubaland President was elected for a third term, which, in turn, was not recognized by the Federal Government. This standoff resulted in armed clashes between Federal Government and Jubaland State forces and increased already existing tensions with other important actors, such as Puntland, opposition parties and parts of civil society arguing that the sequence and speed of changes to the Provisional Constitution constituted an attempt to centralize power at the expense of regional autonomy. Thus, a broad coalition of former Presidents, former Prime Ministers, and opposition party leaders vehemently condemned the laws, calling them illegal and a direct threat to national stability.

Months of negotiations between the Federal Government and the opposition, organized in a coalition as the newly formed National Salvation Forum, followed. During these talks, internal divisions in the National Salvation Forum resulted in a split of the opposition group, with some former leaders willing to engage and reach a deal with the Federal Government, while others remained opposed. Thus, agreements were reached with some members of the National Salvation Forum, which contradicted the NCC agreement on elections, the amendments to Chapter 4, and the adopted election legislation. These political compromises largely dismissed the main reform ideas and maintained regulations under the Provisional Constitution, namely: 

1. The Federal President will be elected by the members of the Federal Parliament and not through direct elections. 
2. The Federal President will appoint a Prime Minister, but that appointment must be approved by the House of the People, which retains the power to provide and withdraw confidence in the Prime Minister and the Council of Ministers. 
3. Federal Member State leaders will continue selecting members of the Upper House and only members of the House of the People will be elected through direct elections. 
4. No limitation of political parties allowed to contest in the national elections will be provided, instead a parliamentary threshold will be established, granting only those political parties who won at least 10% of the votes seats in the House of the People.

This required further adjustments to Chapter 4, which were prepared by ICRIC along with draft amendments to Chapters 5 to 15. Following regional consultations across Somalia, ICRIC developed draft amendments to Chapters 5 to 9, which were ready for presentation to the Federal Parliament during the sixth session of the 11th Parliament (April to July 2025). However, due to the lack of a conducive political environment, ICRIC resolved to continue with its work and, instructed by the OC, started developing draft amendments to Chapters 10 to 15. Again, regional consultations were held across the country, and the draft amendments were adjusted accordingly before being prepared for presentation to the Federal Parliament during the 7th session.

Following failed attempts to come to terms with the opposition now organized under the Somali Future Council (which does not include opposition members of the National Salvation Forum willing to reach the above mentioned compromises with the Federal Government), the parliamentary session was extended until March 2026 to facilitate the adoption process. However, when the draft  amendments to Chapters 5 to 9 and 10 to 15 were presented to a joint session, members of Parliament supporting the opposition protested viciously, resulting in a cancellation of the session. After another attempt to discuss the amendments was obstructed by the same group of members, these were suspended from further sessions, and the parliamentary debates could commence.

On 4 March 2026, 185 members of the House of the People and 37 members of the Upper House approved all the proposed amendments to the remaining Chapters 5 to 9 and 10 to 15, plus some further adjustments to Chapters 2 and 4. On 8 March, President Hassan Sheikh signed these amendments into law, ending a constitutional review process that had already taken more than 14 years. 

Notably, the adopted amendments clarify key aspects of the federal system by defining Benadir/Mogadishu’s status as the capital, with powers to legislate and Upper House representation, while granting the Federal Government special authority over its security and political affairs. They finalize the allocation of powers among the Federal Government, Federal Member States, and formally recognized Local Governments, including exclusive and shared competences, with federal authority focused on national standards and states responsible for implementation. The amendments also regulate the Constitutional Court, strengthen judicial independence, and define court structures, while setting clear jurisdictions and coordination mechanisms for national security institutions. Additionally, they outline revenue-raising powers, expenditure responsibilities, and equitable revenue-sharing arrangements across all levels of government.

The direct election of members of the Somali Federal Parliament and the indirect election of the President by the Federal Parliament as well as the division of executive powers between the President and the Prime Minister have been retained and no restriction on the number of political parties allowed to contest in national elections has been included. All decisions of the NCC in that direction have been dismissed by the majority of the Federal Parliament. 

A centralizing feature of the adopted amendments seems to be the allocation of powers, which provides for extensive lists of exclusive federal and shared competences, and a much shorter list of exclusive Federal Member State competences. This, however, can be explained with the newly introduced list of exclusive competences of the Local Governments, which have been recognized as a formal third tier of government. Otherwise, the amendments seem to aim at advancing intergovernmental relations and collaboration between the different levels of government rather than centralizing powers in the Federal Government, as expressed also in the long list of shared competences.

More controversial is the term extension of the Federal Parliament and the President from four to five years.

More controversial is the term extension of the Federal Parliament and the President from four to five years. As the Speaker of the House of the People, HE Sheikh Adan Mohamed Nur (Madobe) publicly announced, this term extension will be already applicable for the incumbent office holders. This has been heavily criticized by the opposition, who had already claimed that the President’s insistence on the completion of the constitutional review process and preparations for direct elections would only serve the purpose of delaying the planned May 2026 legislative elections and secure a presidential term extension.

Outlook

A few weeks after their adoption, the fate of the adopted constitutional amendments remains highly uncertain. Despite the majority in favor in the Federal Parliament, the opposition, which has become stronger, still rejects the outcome of the vote due to the alleged lack of inclusiveness and legitimacy of the constitutional review process. A few days after the President signed the constitutional amendments into law, the President of the South-West State publicly blamed the Federal Government for interfering in state affairs, disrespecting regional autonomy and, as a result, decided to cut all ties with the Federal Government. In the same statement, he dismissed the adopted amendments and announced his willingness to join the opposition organized in the Somali Future Council. In total, three out of six Federal Member States have ended their collaboration with the Federal Government and boycotted the decision of the Federal Parliament to adopt the constitutional amendments. 

Thus, it remains to be seen whether the conclusion of the constitutional review process represents further progress in terms of state-building or a major departure from the 2012 political settlement and risk to the Somali peace and stabilization process, as claimed by the opposition. While the terms of the Federal Parliament and President have been extended from four to five years, the Somali Future Council threatened to organize alternative elections and form a parallel government, rendering the current political situation highly volatile.

In any case, the Provisional Constitution will still need to be endorsed in a public referendum to become permanently adopted (see Article 136(2)). So, the ultimate fate of the adopted amendments and conclusion of the formal constitutional review process will depend on the Somali people.

About the Author

Jan Amilcar Schmidt (MLE) is a German comparative constitutional lawyer, who has been involved in the Somali constitution-making process since 2008. He was part of the UNDP/UNOPS Joint Constitution Unit which facilitated the development and adoption of the Somali Provisional Constitution in 2012. Since then, he has been supporting the Somali Federal Parliament with the constitutional review process as a constitutional legal expert.

Suggested Citation

Jan Amilcar Schmidt, ‘From Provisional to Permanent Constitution? Assessing the End of Somalia’s Constitutional Review Process', ConstitutionNet, International IDEA, 7 April 2026, https://constitutionnet.org/news/voices/provisional-permanent-constitution-assessing-end-somalias-constitutional-review-process 

Further Reading

• Updates on constitutional developments in Somalia.
• Mohammad Osman Jawari, On the Finalization of the Constitutional Review Process in Somalia (2023).
• International IDEA, From Substate Governance to Constitution-building at the Centre: A View from Somalia.

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