Puntland’s Actions Violate Somalia’s Constitution and International Law, Undermining National Development

With recent actions taken by Puntland, one of its federal member states, Somalia’s constitutional integrity and stability face a significant challenge. In a move that defies Somalia’s Provisional Constitution and disrupts international legal norms, Puntland has asserted unilateral control over resource management and foreign negotiations domains constitutionally reserved for the federal government. This bold stance risks Somalia’s unity and stability and jeopardises the nation’s path toward economic progress and diplomatic credibility on the global stage. As Somalia stands at a crucial juncture in its development, Puntland’s actions raise urgent questions about the balance of power, regional autonomy, and the collaborative spirit essential to the success of a functional federal system.

In a recent press release, Puntland—a federal member state within Somalia, issued a statement challenging the federal government’s authority over resource management and regional autonomy. This stance violates Somalia’s Provisional Constitution and contravenes international norms that recognise the federal government as the sole representative of Somalia in global affairs. Puntland’s actions present a constitutional and legal crisis, threatening Somalia’s national stability, federal structure, and international credibility by asserting unilateral control over resources and independently negotiating with foreign entities.

Background: Puntland’s Broader Political Stance Puntland’s leadership, particularly under its current administration, has consistently opposed several key initiatives to strengthen Somalia’s federal institutions and international standing. Despite Puntland’s objections, the Somali Federal Government has independently achieved these milestones, underscoring the nation’s resilience and determination to progress.

• Debt Relief: Puntland opposed Somalia’s efforts to secure debt relief through international frameworks. This process would alleviate a portion of the nation’s financial burden and enable investments in critical infrastructure and social services. Nonetheless, the Somali government successfully navigated the debt relief process and secured financial concessions from international creditors, facilitating economic recovery and development without Puntland’s backing.

• Lifting of the Arms Embargo: Puntland’s leadership resisted lifting Somalia’s arms embargo. This longstanding restriction limited the federal government’s capacity to build a unified national defence against terrorism and internal threats. Despite Puntland’s opposition, Somalia achieved a partial lifting of the arms embargo, enhancing its security capabilities and enabling the federal government to take more effective action in stabilising the country

• Membership in the East African Community (EAC): Puntland also opposed Somalia’s bid to join the EAC, a regional intergovernmental organisation that facilitates trade, economic cooperation, and political stability across East Africa. Despite this resistance, the Somali Federal Government achieved full membership in the EAC, paving the way for enhanced economic integration, improved trade relations, and increased regional cooperation to benefit Somalia’s economy and security.
• Constitutional Amendments and Federal Reforms: Puntland’s leadership has also been averse to critical amendments to the Provisional Constitution, which aim to clarify the federal structure, delineate powers more precisely, and strengthen the framework for cooperative governance. Despite these objections, the Somali Federal Government has made progress on constitutional reforms, building a more robust federal framework supporting national unity and effective management.

These achievements highlight the Somali government’s capacity to advance critical national goals independently of Puntland’s opposition. This pattern of resistance to federal initiatives that would strengthen Somalia’s institutions, improve national security, and enhance its regional standing raises concerns that Puntland’s leadership is hindering its progress toward a more stable and prosperous future.

Background: Somali Federal Government and Federal Member States Sign Resource-Sharing Agreement

On June 5, 2018, the Somali Federal Government and its federal member states, including Puntland, signed a landmark resource-sharing agreement titled “Heshiiska Lahaanshaha, Maamulka Iyo Wadaaga Dakhliga Kheyraadka Dabiiciga ah ee Dalka (Shidaalka iyo Macdanta)”. This agreement provided a comprehensive framework for the ownership, management, and revenue-sharing of Somalia’s natural resources, focusing on oil and minerals. The key provisions of this agreement were intended to ensure that all federal member states would benefit equitably from the nation’s natural resources while reinforcing the federal government’s role in international dealings and resource management.

Key Provisions of the 2018 Agreement:

1. Ownership (Lahaanshaha): The agreement establishes that the Somali people own Somalia’s natural resources collectively. The federal government, however, serves as the sole representative in ownership matters, ensuring that the central government maintains oversight and authority, as mandated by Somalia’s Provisional Constitution.
2. Management (Maamulka): The document outlines a cooperative management framework between the federal government and member states, entrusting the Federal Ministry of Petroleum and Mineral Resources and relevant state-level agencies with responsibilities in policy formulation, licensing, and regulatory activities. This structure aims to foster centralised governance while allowing member states to participate in resource management, supporting a unified approach across the nation.
3. Revenue Sharing (Wadaaga Dakhliga): A significant aspect of the agreement is the revenue-sharing model, which allocates income from resources among the federal government and member states. Specific percentages are defined for different categories, such as offshore and onshore oil revenue, royalties, signing bonuses, and other resource-related revenues. This equitable distribution ensures that all regions benefit from national resources, thus supporting broader socio-economic growth and national unity.
4. Financial Management (Maamulka Maaliyadeed): Financial proceeds from resource activities must be deposited into a central account within Somalia’s banking system to maintain transparency and trust. This measure ensures that revenues are transparently managed and accounted for, with regular reporting to all stakeholders.

This 2018 agreement reflects Somalia’s commitment to fostering unity and stability by establishing a cooperative resource management and revenue-sharing approach. It aligns with Articles 44 and 50 of the Provisional Constitution, which advocates for a balanced and cooperative federal framework. Puntland’s recent actions to bypass this agreement by asserting independent control over resources and engaging in separate foreign negotiations directly contravene these constitutional principles and threaten the carefully balanced framework that the 2018 agreement established.

 

 

A functional federal system is critical for Somalia’s peace, stability, and prosperity. The Provisional Constitution’s framework balances federal and regional powers to ensure the nation can work collectively towards national objectives. Puntland’s refusal to operate within this framework sets a dangerous precedent, potentially encouraging other states to act unilaterally and disregard the federal government’s authority.

Such fragmentation undermines Somalia’s ability to address pressing issues like security, economic development, and governance reform effectively. A cooperative approach between federal member states and the central government is essential to building trust and ensuring that all regions benefit from national progress. Puntland’s actions risk fostering division, destabilising the federal system, and hindering Somalia’s long-term development.

Conclusion

Puntland’s unilateral actions challenge the foundation of Somalia’s federal system, undermining the Provisional Constitution and obstructing the federal government’s authority in resource management and international representation. By resisting critical national advancements such as debt relief, lifting the arms embargo, and East African Community membership, Puntland’s leadership has positioned itself in opposition to Somalia’s efforts to strengthen its institutions and improve its international standing. Despite this resistance, the Somali Federal Government has achieved significant milestones independently, demonstrating resilience and commitment to national progress.

The 2018 resource-sharing agreement was designed to foster unity, equitable development, and cooperative governance across Somalia, ensuring that all regions benefit from the country’s natural resources. Puntland’s defiance violates this agreement and risks creating fragmentation that could destabilise Somalia’s hard-won progress. Such actions have far-reaching implications, threatening to deter foreign investment, weaken Somalia’s bargaining power, and erode trust in the federal system.

For Somalia to realise its vision of a peaceful, prosperous, and united nation, all federal member states must commit to upholding constitutional principles and working within the established legal framework. Puntland has a crucial role in this national journey, but it must align its actions with the shared goals of stability, development, and federal cooperation. Only through adherence to the Provisional Constitution and collaborative governance can Somalia build a resilient federation capable of overcoming its challenges and securing a brighter future for all its citizens. By respecting the constitutional framework, Puntland can benefit its own people and contribute meaningfully to Somalia’s collective strength, stability, and progress on the world stage.