Posts classified under: Volume 6

Institute for Somali Studies > Volume 6
31
Jan
Date January 31, 2025

Public Management Reform and its Effectiveness on Quality Public Service Delivery in Somalia


Abstract





This paper examines how sustained public management reform impacts on quality of public service delivery in Somalia. It adopted a desk research methodology, which involves reviewing existing literature and collecting data from existing resources to study the research topic.
The paper argues that the public administration in Somalia has been disrupted, which prevents Somalia from making significant progress in providing public services. It recommends several measurements for
reformation to contribute to the quality of public service delivery and economic growth and development in Somalia.
The paper aims to guide public institutions, civil societies, policymakers, and international organizations interested in reforming public management in Somalia to achieve the quality of public service and respond to the needs of the society.





Keywords:





Public management reform, service delivery, Public management effectiveness, Mogadishu University, ISOS,


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0 Comments Author dheeg9412
31
Jan
Date January 31, 2025

Contradictions and Ambiguities in the Constitutions of Somalia: A Preliminary Survey of the Federal and Member States’ Constitutions


Abstract





This is a comparative study on the federal provisional constitution of Somalia along with the constitutions of the Somalia member states namely Puntland, Galmudug, Jubaland, South-West State, and Hirshabelle, to determine the degree of divergence and contradictions in these constitutions. It has shown that there are significant contradictions and ambiguities in these constitutions which are potential issues for political crisis and disputes at the federal and state levels governments.
This paper recommends the necessity of harmonizing between the constitutions of federal and member state levels to attain complete constitutional framework which is necessary for political and institutional
stability.





Keywords:





Somali constitution, Somalia federalism, federal system, Mogadishu University, ISOS,


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0 Comments Author dheeg9412
31
Jan
Date January 31, 2025

In Praise of Exile? The Case of Somali Writer Nuruddin Farah


Abstract





Throughout his fiction, essays, and interviews, Nuruddin Farah, who was declared “persona non grata” in 1976 by Siad Barre and who has returned to Somalia only a few times since then, elucidates the
advantages of being in exile and its benefits to his fiction. Nonetheless, as much as Farah celebrates exile, his fiction has suffered from Farah being outside of Somalia, especially observable in certain gaps in relation to day-to-day life and the evolving political scene in Somalia. Exile has isolated Farah from witnessing firsthand the unraveling and the rebuilding of Somalia and severed him from what he writes about, reducing him to ‘a [mere] capsule of ideas,’ to quote Farah himself.
Thus, by juxtaposing the advantages and the shortcomings of exile in Nuruddin Farah’s case, this essay emphasizes how exile can be a multifaceted and, at times, contradictory experience.





Keywords:





Exile, Nuruddin Farah, Somalia, literature, Mogadishu University, ISOS,


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0 Comments Author dheeg9412
31
Jan
Date January 31, 2025

“Political Sufism”: The Interplay of Sufism and Politics in Somalia


Abstract





Sufism and its adherents have long been considered as being mainly engaged in mystical activities and disinterested in politics. This argument has however been challenged by a number of scholars as history proves that Sufis have not been always detached from politics. This is an exploratory research on the relations between Sufism and politics in Somalia. The purpose of this article is twofold: To deconstruct the myth surrounding the apolitical nature of Sufis and; to explore the interplay between Sufism and politics in Somalia in the pre-colonial era, the colonial, post-independence, and after the civil war periods. I argue that Sufis and Sufi movements in Somalia have often joined politics. This is not to say that their mystical aspect is exaggerated, rather, joining politics has often been a necessity Sufis could not avoid.





Keywords:





Somali politics, political Sufism, politics, Sufism, Mogadishu University, ISOS,


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0 Comments Author dheeg9412
30
Jan
Date January 30, 2025

The General Principles of the Somali Penal Code in the Light of the Islamic Sharia


Abstract





The Somali Penal Code in its Book One, contains a number of general principles that guide the court when applying and interpreting the Law.
The article closely examines the following four principles; “The Presumption of Innocence” which considers that the accused person is innocent until proven guilty of a criminal offense, the second principle is “Legality Principle” which means that only the law can define a crime and prescribe a penalty, the third principle is “The Retrospectivity Principle”, it means that laws should not have retrospective effects, the last principle the study examines is “The Double Jeopardy Principle” which prohibits trying a person twice for the same crime.
This article examines whether the general principles of the Somali Penal Code are compatible with the Islamic Sharia since the constitution binds compliance of the laws of the state with the general principles and objectives of Islamic Sharia.





Keywords:





Islamic Sharia, law and Sharia, Somali penal code, Somalia, Mogadishu University, ISOS,






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0 Comments Author dheeg9412
30
Jan
Date January 30, 2025

Special Investigative Techniques as Sources of Admissible Evidence in Somalia (Lex Lata and Lex Ferenda)


Abstract





This paper explores special investigative techniques as sources of admissible evidence, especially in complex criminal proceedings. Nowadays, such techniques produce admissible evidence in many countries under their national laws. Their laws provide for the conversion of information acquired by special investigative techniques into documentary evidence admissible in court. Thus, contemporary law
introduced a new investigative means of obtaining admissible evidence and laid the foundations of its subsequent transfer across the border with preserved admissibility in the receiving country. Now in Somalia, only Articles 11–13 of the Puntland Anti-piracy Law regulate the deployment of special investigative techniques as sources of admissible evidence.
However, the entire country needs such a legal framework, especially for the collection of admissible evidence of organized crime (including piracy) acts, terrorism, corruption and other major crime.
This paper aims at assisting the legislative efforts of Somali authorities in the creation of an efficient legal framework for special investigative techniques, which also guarantees the rights of the persons involved.





Keywords:





Somali law, admissible evidence, criminal proceedings, Mogadishu University, ISOS,


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