Boosaaso (PP Editorial) — The First Level Court of Bosaaso issued arrest warrants for four elders, invoking sections 164 (a threat to society), 168 (reviewing conditions deemed to pose danger to society), 451 (defamation), and 454 (incitement) of the Somali Penal Code. These elders expressed political views on the controversial amendments to the provisional constitution of the Federal Republic of Somalia, which are at odds with the position of the Puntland State of Somalia. One of the elders, Abdulqadir Ahmed Ibrahim, called on President Hassan Sheikh Mohamud to convene a meeting to resolve differences with the Puntland State government.
Open discussion on the political stalemate between the Federal Government and Puntland can provide opportunities to address points of disagreement. Although elders did not vote on the constitutional amendments—this responsibility fell on MPs and Senators from Puntland who did not face any sanctions—they are expected to maintain a neutral stance in Somalia’s quarrelsome political atmosphere. Furthermore, the Puntland State government did not contradict the position of the Federal Government of Somalia on sovereignty matters.
Given that Somalia lacks a fully accountable government, taking sides in political controversies without assessing the merits of each position until checks and balances are established at all levels of government often leads to the misuse of the Somali Penal Code. Elders play an instrumental role rather than a mandatory one in Somali politics. Any security response to their political comments should balance the desire to involve them in the selection of MPs and Senators who ratified the controversial amendments to the draft constitution.
The misuse of the Somali Penal Code to suppress political dissent risks undermining citizens’ rights and stifling democratic discourse.
© Puntland Post, 2024