hand book for civic education
A
HANDBOOK FOR
CIVIC EDUCATION
GOVERNANCE
AND
CITIZENS’ PARTICIPATION
LECTURE NOTES
CONTENTS:
CHAPTE R
1. INTRODUCTION
2. THE
UN OPERATION
3. POST-INTERVENTION
PERIOD
4. INTERNAL
ACTORS
5. THE
PEACE PROCESS - MBAGHATI
6. ISLAMIST
GROUPS
7. EXTERNAL
ACTORS
CHAPTER TWO
The Federal Government of Somalia (FGS)
CHAPTER THREE:
THE
ROLE AND PURPOSE OF CIVIC EDUCATION
CHAPTER FOOUR:
UNDERSTANDING
THE CONSTITUTION AND CONSTITUTIONALISM
CHAPTER FIVE:
UNDERSTANDING
THE COUNtRY GOVERNMENT
CHAPTER SIX:
LAND RESOURCES AND
THE ENVIRONMENT
CHAPTER SEVEN:
THE BILL OF RIGHTS
An Overview on the
Bill of Rights
Institutions involved in budgeting process
CHAPTER EIGHT:
COMMUNITY MOBILISATION
AND ORGANISING FOR CHANGE
CHAPTER NINE:
PUBLIC
PARTICIPATION IN DEVELOPMENT
CHAPTER TEN:
LAWS GOVERNING AND
RELATING TO DEVOLVED SYSTEM OF GOVERNMENT
Upon the
completion of this hand book student should:
i.
Be better informed &
better equipped in order to take part in civic life as individuals, groups,
association or even cooperatives.
ii.
Be able to learn together
and share the collective role in developments of our nation as society.
iii.
Learn effective
communication knowledge and skill that are necessary for effective
participation within the society.
iv.
Be participants in the
relationship of their society to other nations and to world affairs and what
roles the citizens can play to advance their society and democracy with civic
knowledge.
v.
Learn a way to foster or
promote civic awareness, civic responsibilities and to shape good citizens
should encourage through the whole process of socialization.
CHAPTER ONE
A brief history of SOMALIA
1. INTRODUCTION
Population:
7,488,773 - 9,656,500(July 2001
est.)
Life
expectancy: 46.6 years
Ethnic
groups: Somali (85%), Bantu, Arabs
Religion:
Sunni Muslim
Literacy:
24% (total population)
Export:
Livestock, Bananas, and Fish
Currency:
Somali Shilling (SOS)
External
debt: US$2.6 billion
Internally
displaced: 350,000
Refugees: 451,600
Children
5-14 years of age currently working: 41.9%
Until
Somalia became independent in July 1, 1960 nine years of civil administration
followed October 21, 1969 military coup, led by
military rule, in 1970 the military junta declared Somalia to be a socialist
state.
Civic education was dominated by the ideological
ideas spread throughout the Soviet Union. Soviet ideology penetrated all levels
of life beginning from preschool and continuing through secondary school,
higher education, and throughout life.
The absence of the non-governmental or third
sector and the lack of an alternative approach or the perception of civil
society’s tasks generated an ideological policy that dominated all spheres of
education.
This domination could be seen in civic education
being taught through both the activity of official institutions acting on the
basis of state standards and in informal educational institutions (ranging from
school clubs up to university courses on Marxism-Leninism).
During
the Socialist State, civic education focused on educating citizens about the
government, society, citizens, and propaganda that was advantageous to the
state ideology.
Soviet civic education was completely imposed on
citizens, and citizens had no choice but to learn and go along with the
ideology; there was no room for individual interpretation.
The government used all public institutions and
sometimes even violence if necessary to prepare citizens to live in and be
proud of a communist society.
However, the term civic education did surface in
the second half of the 1970s after the subject; “Ethics and psychology of
family life” was introduced in schools. Civic education is the most important
part of the more common process of socialization within democratic development.
In the
soviet system, citizens were brought up in the spirit of devotion to the state
and had an obligation to obey authorities at all costs, the political education
system dealt with propaganda – the establishment of an attractive picture of
reality instead of the distribution spreading or of objective information.
Methods of the specialized selection of
materials (texts on literature, history and other subjects, including
supplementary and optional classes) were used within the curriculum of social
sciences Schoolchildren of the senior grades and special secondary schools.
In January 27, 1991 Somalia Central Government
collapsed and descended or falls down into a state of anarchy. After collapsed
Central Government from the country the USC established an interim government,
as of September 1991, Somalia is effectively under the control of as many as 12
rival clans and sub clans.
2.
THE UN OPERATION
The UN operation (1993-1995), proposed by the
Bush administration, was driven by a desire to build up the UN capacity to
manage the emergencies. The operation aimed to establish corridors for the safe
passage of humanitarian supplies to a population that was in terrible need of
food, medicines, and other basic supplies and services.
The intervention soon meet difficulties, as
“Operation Restore Hope” quickly became confuse with in an armed conflict
against one of the most dominant military, General Aided. However, the UN
“humanitarian intervention” (UNOSOM) failed to promote reconciliation and to
rebuild a central government.
The UN failure, caused from the US withdrawal,
contributed to a sense of “donor weariness” with Somalia. The Somali disaster
left the country without external aid and a reduced political will on behalf of
the international community to intervene and relieve the suffering caused by
the crisis.
3. POST-INTERVENTION
PERIOD
Somalia went from attention of economic controls
and planning in the hands of a highly centralized government often extending to
government ownership of and foreign assistance economy under Military rule to
an economy of plunder or steal in
1991-1992 and an economy sustained almost entirely by employment in and
contracts for the UN in 1993-1994.
Post-intervention economy movements are
positive; Aspect of the Somali society has changed as its economy. Since 1995
the economy has shifted yet again; today it is a radically privatized,
free-for-all economy focusing mainly on commercial trade and the service
sector” The increasing influence of the Somali Diaspora has caused a rise in
the remittances channeled into the economy in the last twenty years.
Remittances are now a significant revenue stream. Money transfer companies or
hawilaad.
1.
The growing and lucrative or profitable
services of the telecommunications sector in Somalia are continuing to
strengthen the influence of the Diaspora community.
2.
Using a fairly sophisticated technology,
these private companies are now able to provide to the population with
inexpensive phone and many transfer services.
3.
According to UNDP, US$750 million to $1
billion is transferred annually from Somalis living abroad to their families
and businesses within Somalia.
4.
Furthermore the lack of any costumer tax
and the careless border controls in Kenya make Somalia an ideal land for the
international transit trade.
5.
All the products directed into Kenya
market can be bought for a lower cost if they come from Somalia than if they
arrive directly into Kenya.
6.
on the increase and profitable services of
Higher Education of University level,
Media, Transport,
Utilities (private Business sector)
Following the outbreak of the Somali Civil War in 1991, the task of running schools in Somalia was
initially taken up by community education committees established in 94% of the
local schools. Therefore in Somalia there are
different education umbrellas.
These education umbrellas are:
1.
Formal Private Education Network in
Somalia (FPENS)
2.
School Association for Formal Education
(SAFE)
3.
School Organization for Formal Education
(SOFE)
4.
Somali Formal Education Network (SOFEN)
5.
Somali Formal Education Link (SOFEL)
6.
Formal Education Network for Private Schools
(FENPS)
7.
Somali Education Development Association
(SEDA)
The long civil war produced a
lost generation of young Somali who came of age in a time of collapsed state,
without any education these young people have only the choice to be employed in
a faction militia and chewing khad, which is green leaves that act as a "stimulant narcotic" when chewed. khat chewing has a
history as a social custom dating back thousands of years.
What
kind of Nation is Somalia?
Previously to the civil war which
occurred in Somalia in year 1991 the country appeared to be one of the most
homogeneous or all the same or identical countries in Africa. The majority of the
people in Somalia are ethnic Somalis who speak dialects or same tongue or talk
of the same language and practice the same religion.
However, a multitude or large
number of ethnic or tribal and cultural divisions exists within the country.
The practice of Islam be the same nationwide, and has over the years, been
influenced by different aspects of Arab culture.
Somalia has a significant
number of ethnic and economic minority groups. People of Bantu fall are likely
to live in farming villages and in the southern part of the country.
Individuals of Arab and other non-African immigrants are likely to reside in
the coastal cities, such as Mogadishu.
Among Somalis, a primary
division exists between the Samaale and the Sab. Primarily of nomadic origin and live
throughout Somalia and in Ethiopia, Kenya, and Djibouti.
4.
INTERNAL ACTORS
The missed opportunity to rebuild constructive
relations between the TNG and Ethiopia made potential rival factions serious
enemies - The Somali Reconciliation and Restore Council (SRRC) is a huge
coalition of political groups and leaders, they are held together only by the
common thread of Ethiopian support.
5. THE
PEACE PROCESS - MBAGHATI
The peace process, sponsored by IGAD
(Inter-Governmental Authority on Development), began in Eldoret (Kenya) in
October 2002 with the “Declaration on Cessation of Hostilities and the
Structures and Principles of the Somalia National Reconciliation Process”.
The Declaration of Hostilities was accompanied
with the arms embargo “which established an embargo on all delivery of weapons
and military equipment to Somalia”.
Ethiopian sponsorship of the Somalia
Reconciliation and Reconstruction Council (SRRC) is matched by Djiboutian and
Arab support of the TNG.
The Mbagathi process completed the second phase
of the peace process. The second phase has produced a Declaration of Agreement
on the 5 July 2003 in which leaders agreed to a transitional parliament
comprising 351 members shared out by clan, as recommended during the Arta peace
process (Djibouti 2000) formula.
At the time Somali delegations agreed on the
“4.5 formula” in which the four clan families formula are represented in equal
numbers, while minority hold half as many seats.
6. ISLAMIST
GROUPS
Despite the fact that Somalia is the only
country in the Horn of Africa in which the population is almost entirely
Muslim, Somalia has never been home of radicalism as its neighbors like
Ethiopia and Sudan that are internally religiously divided.
Historically Somalia is based on clannism and
not on religion, however currently various types of Islamist activism (Sharia
Courts, al-Etihad cells) “likely to be organized by clan and work within the
parameters of clannism”
As a rule radicalism Islam cover areas in which
Somali find themselves a minority in a non Somali land, Kenya, Ethiopia,
Europe, and North America as a consequence of Somali Diaspora.
However “Somali pastoral life fills the culture
with a strong favorite for a practicality over ideology, not so much as a
matter of choice, but as a matter of survival the absence of a nationalist
ideology, political Islam in Somalia began its rise in the mid 1970s, for want
of overcoming clannism, encouraged during the violent and repressive Military
regime.
The investment of Saudi Arabia has also
encouraged young Somalis to emigrate in Saudi Arabia to seek education and
employment, and many have been influenced by the radical Islamic cells.
The first strategy of Political Islam in Somalia
was to control territories in order to start the development of a network
throughout the country. They temporarily gained the seaports of Kismayo and
Merka in 1991 and they administered the commercial crossroad town of Luuq in
Gedo region.
Wherever they went, they established Islamic law
rather than customary clan law (xeer), the punishment included amputation- removed
(not allowed in the customary clan law), the women were forced to wear a veil,
and the qaat was banned.
Free education was provided (courses were taught
in Arabic). However most of the Sharia courts in the country are the result of
a lack of government and rule of law and are present even where Al-Etihad does
not control the area.
As a result, today it is very difficult to
distinguish between who promotes available services to the people following a political
agenda (Al-Islah), and who is involved in a deeper Islamization with global and
political targets (Al-Etihad). Al Islah is an Islamistic charity group that
operates in the country with the dozens of other Islamic non-profit
organizations.
In October 2001 after the terrorist attacks in
New York, U.S has decided to freeze the assets of Al Barakaat (the largest
Somali remittance and telecom company), claiming that the company facilitated
the transfer of funds within Al-Qaeda.
7. EXTERNAL
ACTORS
The historical power of Horn of Africa is
Ethiopia. This country is placed in the middle of the region and it is without
a sea-port (Land locked) means state
entirely enclosed by land and surrounded by Muslim
countries such as Sudan (even if internally religion divided), Somalia and Arab
Peninsula. The religious and political history of Ethiopia has completely
opposed the political and social culture of Islamic countries.
Ethiopia is a Christian government, where about half of
the population of the country is Muslim, it is continuously fanatical by the
political Islam danger. It has been
waging a ten years battle against Islamistic insurgency groups who enjoy
support from external Islamic backers.
Ethiopia has nothing to gain from a unified and
powerful Somalia. However, the Ethiopian government clearly believes that there
is more to be gained from discouraging an Islamic dominance in the region.
To this end, it constantly interferes in Somali
domestic affairs by supporting either one faction or the other. However Arab
states seek a strong and central government in Somalia in order to create a
counterbalance to Ethiopia in the region.
If
Somalia was ruled by an Arab ally government, Somalia could be used by Arab
influence in order to promote contact ideology. Furthermore if Somali
government is able to maintain the control over territory Ethiopia would fear
the return of a strong central state which could again take up Somali Simple
claims on the Western Somalia
CHAPTER TWO
The Federal
Government of Somalia (FGS)
The Federal Government of Somalia was established on August 20, 2012,
following the end of the interim mandate of the Transitional (TFG).
It officially comprises the executive branch of government, with the parliament serving as the legislative branch. Headed by the President, to
whom the Cabinet reports through the Prime
Minister.
THE POWERS
OF THE STATE
The powers
of the State are three
Ø
the
Executive power
Ø
The
legislative power
Ø
The
Judiciary
It was passed on June 23, 2012, after several days of
consideration between Somali federal and regional politicians.
To come into effect, the constitution must be reviewed and
implemented by the review and implementation committee, and then ratified by
the new parliament.
v Under the
new constitution, Somalia, now officially known as the Federal Republic of Somalia, is
a federation.
Ø Executive branch:
·
The President is elected by the
Parliament.
·
He or she serves as the head of state and
chooses the Prime Minister, who serves as the head of government and leads the Council
of Ministers.
·
Executive
Council (Council of Ministers) or The Cabinet is formally known as the Council of Ministers. It is appointed by the
Prime Minister.
Somalia parliament is consisting of
275-seat house by law; at the Number of women MPs
in Somalia Parliament is total of 14 members in 2014. The current Members of parliament were
selected by a Technical Selection Committee, which was tasked with the
selection of potential representatives that were in turn nominated by a
National Constituent or Citizen Assembly consisting of elders
The Federal Parliament of Somalia elects
the President and Prime Minister, and has the authority to pass and veto laws.
The national court structure is organized into
three tiers or levels:
1.
The Constitutional Court,
2.
Federal Government level courts
3.
And Federal Member State level courts.
Regional state, or sub national regions
officially recognized as Federal
Member States, have a degree of autonomy over regional affairs and
maintain their own police and security forces. However, they are
constitutionally subject to the authority of the Government of the Federal
Republic of Somalia.
The national parliament is tasked with selecting
the ultimate number and boundaries of the Federal Member States within the
Federal Republic of Somalia.
The
Ministry of Education is officially responsible for education in Somalia.
Ø
Healthcare
The
Ministry of Health heads the country's healthcare system.
Ø Media
The federal government has two main media
outlets: Radio Mogadishu, the state-run radio station;
and Somali National Television, the national
television channel.
Ø The
Military and Police (Military of Somalia and Somalia Police Force)
The central government's Ministry of Defense is officially responsible for the Somali Armed Forces and its various subdivisions.
The constitution
recognizes Mogadishu as the capital of Somalia. The national parliament of Somalia is based in the capital Mogadishu) which
is also the seat of the nation's Supreme Court.
In addition, Mogadishu is the location of the presidential palace, Villa Somalia,
where the President resides. The Prime Minister also lives in the city.
Ø International
Relation :
The Federal Government of
Somalia is internationally recognized as Somalia's official central government.
It occupies the country's seat in the United Nations,
the African Union,
and the Organization
of Islamic Cooperation (OIC).
The Somali federal government has a Permanent Representative and Deputy
Permanent Representative to the United Nations.
It also has embassies in
various countries.
1. Ethiopia ,
2. Djibouti .
6. the Kingdom followed suit in 2013
9. Sudan
10. Libya
11. Italy maintains
a special diplomatic delegation and a Technical Mission to Mogadishu,
12. Egypt likewise
announced plans to re-open its embassy in Mogadishu.
Ø PASSPORT:
For travel, Somali citizens can obtain a Somali passport from government-designated
locations or from Somali embassies abroad.
GOVERNANCE
AND CITIZENS’ PARTICIPATION
CHAPTER
THREE:
THE
ROLE AND PURPOSE OF CIVIC EDUCATION
CHAPTER
FOUR:
UNDERSTANDING
THE CONSTITUTION AND CONSTITUTIONALISM
CHAPTER
FIVE:
UNDERSTANDING
THE REGION GOVERNMENT
CHAPTER SIX:
LAND RESOURCES AND THE ENVIRONMENT
CHAPTER
SEVEN:
THE BILL OF RIGHTS
An
Overview on the Bill of Rights
Institutions involved in budgeting process
CHAPTER
EIGHT:
COMMUNITY
MOBILISATION AND ORGANISING FOR CHANGE
CHAPTER NINE:
PUBLIC PARTICIPATION
IN DEVELOPMENT
CHAPTER TEN:
LAWS GOVERNING AND
RELATING TO DEVOLVED SYSTEM OF GOVERNMENT
General
introduction of Civic Education :
Civic education” means all the processes that affect
people's beliefs, commitments, capabilities, and actions as members or
prospective members of communities. Human beings are gifted with different
skills, knowledge and abilities. Because of these Differences, they act, behave
and analyze issues, conditions and situations in different ways.
Civic Education is the branch of political science that deals with civic affairs and the rights and
duties of citizens. (Government, Politics & Diplomacy) the study of the rights and responsibilities of citizenshipThe study of the political rights and responsibilities of citizens and of the operation of government.
• Civic
education instills individuals with democratic principles, ethics, an
understanding of how democratic institutions function, and their rights and
responsibilities to engage in the political system.
• Civic
education programs focus on engaging individuals to become informed and active
citizens. Citizens are inculcated with values such as tolerance, equality and
justice important to cultivation of a healthy and vibrant civil society.
• As
a result of increased knowledge and capacity, citizens often engage at a higher
rate in their communities and are more likely to participate in activities such
as elections. For example, citizens may be unaccustomed to voting, how their
electoral system functions, how to become a candidate for elective office,
forming advocacy and public-interest groups to influence political outcomes in
a consensus-building political system, and creating voluntary civil society
organizations to meet societal needs not met by government or the private
sector.
• Our
tools and strategies connect people with their public servants and civil
society organizations, establish quality standards for civic education
programming, make civic education programs more accessible to the public and
vulnerable groups, and give citizens a voice and responsibility in their local
political process.
• Civic
education emphasizes on capacity building cultivates the sustainable transfer
of knowledge and encourages collaborative efforts between civil society
organizations, individuals and government. Citizens strengthen their civic
awareness and knowledge, exercise their civic responsibilities and thereby
become actively engaged in their society’s governance processes.
General
introduction of governance and Citizens’ participation:
It is necessary for the students to learn about
their rights and obligations, the system of government, the history and
culture, their life and health, the ecological environment and the codes of
conduct, and they should also develop their ability to communicate and form
proper views of life and value system.
Ø
First, programs seek to develop civic
knowledge, which itself requires understanding of the principles and practice
of democracy. As such, representative in democracy, the rule of law, human rights,
citizenship, civil society,
and the market economy are important subject areas.
Ø
Second, programs focus on building ability,
thats civic skills to enable participants to create information on political
and civic life and public issues.
Ø
Third, civic education attempts to bring
about participatory civic skills such as working with others, collaborative
and decision making, and how to peacefully influence debate.
Ø
Finally, these programs work to instill
civic dispositions such as support for human rights, equal rights, the
importance of active political participation, and working to promote the common
good.
Approaches
to civic education divided into three stages:
1.
Grades 1-2 focus on the training of basic
living habits,
2.
Grades 3-4 focus on the attitude to obey
the rules of living and
3.
Grades 5-6 focus on the cultivation of the
spirit of compliance with social ethics and contribution to social public
utilities
Core Value
Ø Integrity
Ø Transparency
Ø Accountability
Ø Good
governance
Ø Competence
Ø Respect
for all
Ø Fairness
and Equity
Ø Public
participation
Objectives of this Handbook
Ø To have an informed citizenry who
actively and responsibly participate in governance affairs of the Government.
Ø To transform behaviour, attitudes and
enhance skills and knowledge towards sustainable livelihoods
Ø To have an empowered citizenry
exercising their rights with responsibility and accountability
Ø To
ensure transparent, accountable, effective and efficient government institutions
in service delivery
Moral education in some
countries is also carried out step by step, and its main aim is to enable
students to understand the civic knowledge, to cultivate a certain degree of
civic capacity and to take initial shape of their own value system.
Students are expected to
learn about the basic rights and obligations of citizens, to understand their
own government and the state, to get to know the traditional customs and
historical culture, to learn about their physical function, to get familiar
with their living environment, to understand and comply with daily codes of
conduct and to develop good living and study habits.
·
At the same time, students should also
learn to be independent,
·
to
get along well with others,
·
to care for others,
·
to deal with stress rationally,
·
to face bravely the setbacks,
·
to undertake the obligations and
·
to build positive values and attitudes
towards life.
CHAPTER THREE:
THE ROLE AND PURPOSE OF CIVIC
EDUCATION
Introduction
What is civic education?
Civic Education in a democracy
is education in self government, Democratic self government means that citizens
are actively involved in their own governance perfect democracy is most
completely understood when every member of the political community shares in
its governance.
Citizen participation in a democratic society
must be based on informed, critical evidence, and on the understanding and
acceptance of the rights and responsibilities that go with membership.
Civic education in a democratic society most
promised needs to be concerned with promoting understanding of the ideals of
democracy and a reasoned commitment to the values and principles of democracy.
Civic Education is an important component of
education that cultivates citizens to participate in the public life of a
democracy; to use their rights and to discharge their responsibilities with the
necessary knowledge and skills available.
Citizen has achieved the level
of understanding and acceptance of the rights and responsibilities among the
totality of its citizens that is required for the maintenance and improvement
of any constitutional democracy.
The fundamental values and principles of
democracy, a free and open society;
·
Rights of the individual
·
Rules and laws
·
Individual freedoms
·
Societal dilemmas
·
Responsibilities of the individual
·
Cultural pluralism
·
Responsibilities of the government
·
Building a civil society
FUNDAMENTAL RIGHTS AND THE
DUTIES OF THE CITIZEN
See
chapter 2 of the constitution:
·
Human Dignity
·
Equality
·
Right to Life
·
Liberty and Security of the Person
·
Freedom of Association
·
Freedom of Religion and Belief
·
Freedom of Expression and Opinions
·
Inviolability of Home
·
Freedom of Assembly, Demonstration,
Protest, and Petition
·
Freedom of Movement and Residence
·
Right of
Political Participation
·
Freedom of
Trade, Occupation, and Profession
·
Labour Relations
·
Environment
·
Property
·
Economic and
Social Rights
·
Family Care
·
Education
·
Right of Access
to Information
·
Language and
Culture
·
Access to Courts
and Legal Defence
RESPONSIBILITIES OF THE CITIZEN:
·
Support and defend the Constitution.
·
Stay informed of the issues affecting your
community. Participate in the democratic process.
·
Respect and obey federal, state, and local
laws.
·
Respect the rights, beliefs, and opinions
of others.
·
Participate in your local community.
·
Pay income and other taxes honestly, and
on time, to federal, state, and local authorities.
·
Defend the country if the need should
arise.
What Are the Benefits and
Responsibilities of Citizenship?
Benefits
the Constitution and laws of the Somalia give many rights to both citizens and
non-citizens living in the country. However, some rights are only for citizens,
such as:
Ø Voting.
Can vote in Federal elections.
Ø Bringing
family members to the Somalia.
Ø Obtaining
citizenship for children born out of the country.
Ø Traveling
with a Somalia passport.
Ø Becoming
eligible for Federal jobs
Ø Becoming
an elected official.
Ø Showing
your patriotism
Citizenship is
the type of a person recognized under the custom or law as
being a member of a state.
A person may have multiple
citizenships and
a person who does not have citizenship of any state is said to be stateless.
What are my rights
as a citizen?
If you are a Somali
citizen, your rights include:
Ø Democratic
rights (for example, the right to vote)
Ø Language
rights
Ø Equality
rights
Ø Legal
rights
Ø Education
rights
Ø Freedom
of religion
Ø Freedom
of expression
Ø Freedom
of assembly and association
Do I
have responsibilities as a citizen?
As a Somali citizen, you also have responsibilities:
Ø To
respect the rights and freedoms of others
Ø To
obey Somalia's laws
Ø To
participate in the democratic process
Ø To
respect Somalia's official languages and
multicultural heritage
Ø paying
taxes
The Role of Civic
Education
From the different definitions of "civic
education", we can accurately understand the concept by a few points.
1.
First of all, civic education, like other
kinds of education, is the process of socialization of individuals.
2.
Secondly, the aim of civic education,
unlike that of knowledge to make known, is to train citizens in line with the
needs of society.
3.
Thirdly, the contents determined by the
role of civic education are different from the contents of other kinds of
education.
Over the years, the concept of "ideological
and political education" has been used in many countries. Ideological and
political education is somewhat similar to civic education in content;
"Civic education" is the historic transformation of our traditional
moral education. And believe that civic education must satisfy three basic
conditions:
1.
to treat a citizen’s independent
personality as the principle;
2.
to treat the unity of rights and
obligations as the base;
3.
To treat the legitimacy rule of law is
observed
4.
To treat the common good is the concern of
all
What does civic education mean to
you?
|
What role does it play in
development?
|
How does it benefit you as a person?
|
What does civic education mean to you?
Civic Education in a democracy
is education in self government. Democratic self government means
that citizens are actively involved in their own governance; they do not just
passively accept the dictums of others or acquiesce to the demands of others. “Civic education” means all the processes that affect
people's beliefs, commitments, capabilities, and actions as members or
prospective members of communities.
Human beings are gifted with different skills,
knowledge and abilities. Because of these Differences, they act, behave and
analyze issues, conditions and situations in different ways.
They make their decisions and choices based on
what they have gone through as their experiences, what has influenced them and
the environment they live in. They also react to these issues, conditions and
situations differently and they may be influenced by factors beyond their
control.
Due to this, learning together and sharing
experiences and knowledge becomes inevitable particularly when it comes to
matters related to public, public affairs and provision of public goods and
services.
Civic
education therefore provides avenues for this collective learning on matters
related to the public- leadership, management, delivery of goods and services.
Civic education in a democracy is education in self-government where citizens
are actively involved in their own governance.
They do not just reactively accept the commands
of others or agree to the demands of others. It is a form of non-formal, formal
and informal education which facilitates the achievement of knowledge, skills,
attitudes and general awareness for
citizens to play their role effectively and efficiently in the development of
their society.
The
principles of civic education
Civic education principles are to promote
understanding of the bests of democracy and a reasoned commitment to the values
and principles of democracy. The main purpose is to answer how civic life, politics
and government connect with each other while understanding the foundations of a
society’s political system.
Many of
these aspects have been established by the Constitution which represents the
purposes, values and principles of Somalia democracy.
Civic education is a way to
foster civic awareness and civic responsibilities and to shape good citizens,
through the whole process of a person’s socialization.
The main purpose of civic
education in universities is to improve the students’ ability to independently
judge the value and properly control their behavior and to achieve the aim, the
system of content should be well designed and the teaching methods should also
be employed properly.
All these guarantee citizen participation in a
democratic society, which must be based on information, critical reflection,
understanding and acceptance of the rights and responsibilities.
Some of the values and principles of civic
education include:
·
Freedom to express one’s views and
opinions,
·
Transparency in all transactions that
involve civic education activities,
·
Active public participation for all those
involved in sharing of experiences,
·
Responsiveness and respect of views of
others,
·
Accountability of one’s actions, duties,
obligations and responsibilities,
·
Empowerment through knowledge, skills,
information, ideas, experiences among others,
·
Nondiscrimination and equality of all
citizen.
Aims
and Methods of Civic Education
The main aim of civic education in universities
is to improve the students’ ability to independently judge the value and
properly control their behavior and to achieve the aim, the system of content
should be well designed and the teaching methods should also be employed
properly.
Civic education" is defined as "the
political and ideological education carried out by any country either
capitalist or socialist to train the citizens to meet the political needs of
the people of the country at the beginning of the period of reform and opening
up, the concept of class is still deeply stamped in people's mind. Regardless
of the old idea of "class struggle", we should say that civic
education refers to the kind of education to train citizens to adapt to the
need of political and legal values in a specific society.
Minimum Requirements for a Country to be defined
as Democracy
Some theorists have developed a set of minimum
requirements considering the increase in the number of democracies holding free
and fair elections and declaring themselves democratic states Elections on
their own do not make a country democratic.
A set of minimum requirements provides both a
good overview of what democracy means and a standard against which to test
whether or not a country is democratic.
The
following list of minimum requirements has been dig out by a study of
democracies and by reading various theories of democracy:
·
Control over government decisions about
policy constitutionally covered in elected representatives.
·
elected representatives chosen in regular
and fair elections
·
elected representatives exercise their
constitutional powers without facing overriding;
·
opposition from unelected officials all adults have the right to vote in
elections;
·
all adults have the right to run for
public office;
·
citizens have the right to express
themselves on political matters, defined broadly;
·
Without the risk of state punishment
citizens have the right to seek out alternative sources of information, such as
the news;
·
Media, and such sources are protected by
law. Citizens have the right to form
independent associations and organizations, including independent political
parties and interest groups government is self-governing and able to act
independently from outside constraints.
DELIVERY METHODOLOGIES
Which ways do you think civic education can be
delivered effectively?
There is various delivery methodologies applied
in conducting civic education. The participants and their level of information,
the needs the civic education is meant to serve, and the financial resources
allocated among other issues.
Some of the
delivery methodologies include:
·
Workshops
·
Focused Group Discussions (FGDs)
·
Theatre
·
Songs and dances
·
Role play
·
Debate
·
Media including social media
·
Poems
·
Lectures
·
Public Presentation
·
Use of resourceful persons
·
Brain storming
·
Questions and answers
·
Case studies
·
Experience sharing
·
Use of success stories
Which other
delivery methods do you think can be used to deliver civic education especially
for the children, youths, persons with disabilities etc?
CHAPTER FOUR:
UNDERSTANDING
THE CONSTITUTION AND CONSTITUTIONALISM
Introduction Constitution
as definition
is the basic fundamental law of a state which sets out how that state will be
organized and the powers and authorities of government between different
political units and citizens.
The
constitution is officially referred to as the “law of the land"; to which
all of governments, citizens, corporate persons and other laws must defer in
the event of any conflict.
The basic law or laws
of a nation or a state sets out how that state will be
organized by deciding the powers and authorities of government between
different political units, and by stating the basic law-making and structural
principles of society.
The Constitution of Somalia is the supreme law
of Somalia, and any law that is not in agreement with the requirements of the
Constitution is, a set of fundamental principles
of rules governing or established
guides according to which a state or other organizations
are governed
This
part briefly explains the beginning of the constitution of Somalia and why
these reforms were necessary. It also elaborates why constitutionalism should
be taken seriously for the betterment of the country.
It also
creates linkages with the regional structures and the government. As the
sovereign power belongs to the people of Somalia, it can only then be exercised
in accordance with the constitution directly or indirectly through their
democratically elected representatives.
Purpose of Constitution
The purpose of this topic is to underline the
importance of the constitution in terms of connecting the people with the
leadership and governance to ensure that the rule of law is guaranteed, respected
and upheld or support in all aspects of the people’s livelihoods.
Objectives
·
To understand the significance of the
constitution
·
To encourage culture of rule of law
·
To create a linkage between the
constitution and livelihoods
What
is a Constitution? Description in different contexts
·
The supreme law of any country
·
A charter that defines and outlines
governance and its instruments or organs
·
An agreement or contract between the
governed and their governors.
·
That which defines and binds
relationships; outlines the power distribution and gives rights and obligations
of the citizens and the state
·
Rules, principles and values that regulate
the system of government;
·
Gives for powers to be exercised by
various institutions and agencies and provides for allocation of powers,
functions and duties among different institutions
Brief History of Constitution making and Reforms
in Somalia
The journey to a new constitution, special
consideration in 1960 outlined back to independence especially people’s
participation is taken into consideration.
The independence constitution came into force on
July 1, 1960 and it was a product of negotiations between Somalia’s political
parties and the Italian Government.
Although the independence Constitution was meant
to acknowledge and declare the sovereignty of the people of Somalia and
transform the colonial state from an instrument of domination to a democratic
state with consideration of people’s interests, the end result more of regional
unimportant and separation resulting to massive developmental difference
through the divide and rule tactics.
The constitution was frequently damaged through
various amendments which did not represent a development towards
democratization and better protection of rights than personalization or not
public of power around the presidency. These amendments encouraged
authoritarianism with lack of accountability that led to massive corruption and
abuse of public resources.
The disorder for Somalia’s constitutional change
began in serious. From the October 21, 1969, a
military coup led by military rule. In
1970 the military junta declared
Somalia to be a socialist state and change the constitution after the
subject, “Ethics and psychology of family life” was introduced in schools Civic
education is the most important part of the more common process of
socialization within democratic developments.
Arta peace talks in Djibouti 2000 created a
Transitional National Government (TNG) and drafted Transitional Charter
followed by 4.5 formaula MBAGHATI peace process, sponsored by IGAD
(Inter-Governmental Authority on Development), and began in Eldoret (Kenya) in
October 2002 with amendment of Transitional Charter 5 July 2003 in which
leaders agreed to a transitional parliament comprising 351 members apportioned
by clan, as recommended during the Arta peace process (Djibouti 2000) formula.
This was
followed officially signed and stamped version of the Provisional Constitution
as submitted to the House of the People of the Federal Parliament on
declaration of the Federal Republic of Somalia 07 September 2012.
Why did Somalis have to review their
constitution? Among others:
·
To ensure accountability and transparency
through separation of powers with effective.
·
checks and balances to fight corruption
·
To bring services closer to the people
with quality leadership.
·
To enhance or improve equitable
distribution of resources.
·
To guarantee fundamental
freedoms and rights.
Significance of the Constitution and why
Constitutionalism
·
It binds or connects all persons and all
State organs at all levels of Government.
·
It defines power and
binds power relationships.
·
confirms the values and
principles that should guide the Somali people.
·
Provides for clear rights,
responsibilities and duties of citizens.
·
gives powers to different
institutions of governance hence providing effective checks and balances.
·
Regulates the systems of
government through separation of powers.
·
Provides framework for operations of
different Arms of the Government including
security matters.
·
Recognizes the sovereignty of the people
and their right to determine the form of Government they want.
·
Sets out the peoples aspirations under a
government based on essential values.
·
Gives citizens powers to participate in
all governance issues including bring to mind of their representatives under
clear grounds for that recall.
Significant gains in the constitution:
·
Devolution of power ( Government
/regional ).
·
Gives us power to plan and manage our
resources.
·
Creation of checks and balances on power
relations.
·
Improvement of public participation in
decision making as a right.
·
Promotion of inclusivity and diversity
e.g. protection of gender equality, the marginalized, persons with disability,
minority and other vulnerable groups.
Overview of
the Provisional Constitution
The overview of the Constitution is aimed at
improving the knowledge on how the constitution flows for relieves of
internalization and understanding of the contents of the constitution.
This enables and strengthens the case for
implementation of constitution through a committed and informed citizenry.
The overview also enables an analyses of the style
in which it is written with an effort to make it understandable to the people,
its organization and knowing what the topics deal with.
The overview also enables an understanding on
what the government and the people have to do to implement it, the people’s
rights, duties and roles of different stakeholders, resource generation and
distribution.
Overall, the provisional Constitution consists
of 15 chapters, 143 Articles and four (4) schedules. These are organized in the
following order:
Key discussions:
·
What makes people feel the sense of
togetherness?
·
What can you do if you see people cutting
trees, when drugs are being stolen in Hospitals, when the water pipes are
stolen, when cement for constructing roads is stolen?
·
To what extent do I feel I belong or do
not belong to Somali Country? What makes you feel so?
·
How honest, open, effective and efficient
are our institutions that have been established for managing our affairs?
·
What actions and activities can we
undertake to enhance sense of belonging to Somali Country?
·
What can we do to manage and resolve the
interpersonal, inter-clan and intercommunity conflicts within our County?
·
Traditionally how were Somalis resolving
conflicts?
Elements of Somalia Nationhood
A common territory:
The Constitution defines
what the common Somali territory is both
the national and region governments have the same security organs and agents.
A common history:
Although same ethnic groups within state or region they can still
have a significant common historical experience e.g. colonial experience and
the struggle for independence was an important factor in the creation of a
sense of nationalism and nationhood in Somalia. What makes us have common history, is it famine, poverty,
poor infrastructure, management of public resources or what?
Common public
property resources:
Constitution defines the role of the State in relation to natural
resources including rivers, forests, minerals, animals and plants. All these
are sources of national or country prides.
Common language:
·
Constitution
defines our national language and that a nation should have a common language.
·
Common
language is used to bring tribal and to promote integration of all ethnic
groups.
·
This
increases national identity and pride as happened with Somali Language.
Common cultural heritage:
Ages-old
traditions, customs and ceremonies create a sense of nationalism and patriotism
as elements of nationhood e.g. in Somalia colonialism introduced certain
practices that can be considered as “Western”. They are found in areas of
education, modern medicine and ethics, religions, dress and customs such as
modern wedding ceremonies are examples of common traditions.
National dress:
In some
countries like Somalia, Nigeria, Ghana, India, Scotland and Mexico people wear
items of dress that represent a national dress. In Somalia the idea is still communicable
up with appreciation of the national colors in dress codes.
National symbols:
Constitution specifies what the Somalian symbols are and they
include;-
o
National flag
o
National
anthem
o
Coat of Arms
o
Public seal
(legal representative)
o
Others are
the National currency, the National days and the National Assembly
What does the
Somali Country flag contain?
Which colours
does it have and what do they mean?
CHAPTER FIVE:
UNDERSTANDING THE REGIONAL GOVERNMENT
Introduction
This chapter is meant to improve understanding
and meaning of devolved or transfer or delegate system of governance. Under the
Constitution, the objects of devolution include giving powers of
self-governance to the people and enhancing the participation of the people in
the exercise of the powers of the State and in making decisions affecting them.
Further it emphasis the recognition of the right
of communities to manage their own affairs and to further their development
through the principles of regional government that shall be based on separation
of powers, with reliable sources of revenue to enable them to govern and
deliver services effectively.
Purpose
The purpose of this chapter is to give meaning of the Constitution in terms ensuring that the
Government exercises its executive functions as provided for in Article and as
assigned in the Schedule of the Constitution and also the region Government
Act.
Objectives
·
To enhance or improve the understanding of
government structure, functions and powers.
·
To enhance understanding of the role of
people in government
·
To understand the relationship between the
National and region Governments.
The allocation of powers and resources shall be
negotiated and agreed upon by the Federal Government and the Federal Member
States (pending the formation of Federal Member States), except in matters
concerning:
(A) Foreign Affairs;
(B) National Defense;
(C)
Citizenship and Immigration;
(D)
Monetary Policy, which shall be within the powers and responsibilities of the
federal government.
In the Federal Republic of Somalia, the state is
composed of two levels of government:
(a) The Federal Government Level and;
(b) The Federal Member States Level, which is
comprised of the Federal Member State government, and the local governments.
No single region can stand alone. Until such
time as a region merges with another region(s) to form a new Federal Member
State, a region shall be directly administered by the Federal Government for a
maximum period of two years.
DEPARTMENTS
AND THEIR MANDATES
Department
carries out specified functions and roles:
Department
Mandate
|
Department
Mandate
|
Finance and Social-Economic
Planning
|
budgets; Finance (audit and control of finances); Social economic
planning; taxation and licensing; Procurement, statistics; Resource
mobilization
|
Agriculture, Livestock and Food
Security
|
Food security; Revival of cash crop agriculture; Greenhouse farming,
Livestock production; Veterinary services; Crop and horticulture production;
Poultry production; Fruit processing
|
Gender Issues, Youth and,
Community Development
|
Youth employment; Youth groups enterprise fund; Women groups
enterprise fund; Gender and youth empowerment; Public amenities and
recreation; Sports and cultural activities; Community development; Control of
substance us.
|
County Education and Civic
Education
|
Ensure pre-primary education; Village polytechnics; Home craft
centers; Childcare facilities; volunteer services; commercial training;
libraries; programmes; financial support awards; Civic and public education
|
Health
Services
|
Rehabilitation of health services; medical health issues; Primary
health care; Ambulance services, to offer curative and preventive services
|
Lands, Urban Planning and
Environmental
|
Planning for community land; Survey and titling of land Urban
planning; Rehabilitation of rivers and sea.
|
Management
|
streams; Sand harvesting; Sanitation and waste management;
Sewerage services; Street lighting
|
Trade, Industry, Tourism and
Cooperatives
|
Business development; Cooperative services; marketing; Tourism
|
Transport and County
Infrastructure
|
roads; Housing; Sun and wind farming; Energy; Electricity; Public
works
|
Water and Irrigation Services
|
General provision of water; Irrigation; Dams; Borehole drilling;
Water harvesting
|
Towards effective service delivery:
·
What services do I expect from various
departments?
·
Which of the departments has make
services?
·
How accessible is the departments?
·
How is the information flow
from the departments, and how do I intend it to be?
·
Do I feel satisfied with
these services?
The Government Assembly (GA)
This is the legislative division of the
government. The composition of the Government Assembly includes 275
representatives nominated by Traditional. It stays to the gender belief of
female and male representative from each 4.5 Clan division meaning at least.
The
special interest groups’ representation includes clan representative (a man and
a woman), no persons with disabilities (a man and a woman) is identified, minority groups recognized as point
five or marginalized persons (a man and a woman) and Government Assembly
consists of 275 members and the speaker. The Speaker is elected by the 275 Assembly
members from applicants who are not members of the Assembly and the official
language in the Assembly is Somali and English language.
Qualifications of Assembly members
In agreement with leadership requirements in
Chapters of the Constitution, a Assembly member ought to or have to be honest, selfless,
or self-sacrificing patriotic,
nationalistic, accountable, responsible, disciplined, obedience committed,
competent, suitable, neutral, and with good manners.
Assembly member should have at least a secondary
certificate from a recognized institution by the government. Assembly member should
have moral and ethical standing in Society and be of a sound mind, with no
bankruptcy judges and should not have misused or abused public office before.
The National Assembly consists of:
·
MPs are a bridge between the electorate
and the government.
·
Members of each nominated by the Local
traditional Clan Leaders, not registered voters of each constituency in
Somalia.
·
Numbers of women representatives, each
nominated by the Local traditional Clan Leaders not registered voters of each
constituency in county or regions ;
·
No members nominated by
parliamentary political parties to represent special Interests including the
youth, persons with disabilities and workers.
·
On the other hand, an MP is expected to
communicate to the public the on-going government plans and policies to address
their concern.
Making legislation
·
The National Assembly considers, refines
and passes legislative Bills to improve the lives of Somalia’s.
·
MPs have responsibility to consider,
debate and pass the financial estimates (budget) including taxation measures
for raising revenue to finance public development programmes and projects
presented by the Executive.
Initiate impeachment of
the President
·
Parliament has the power to vote out
(impeach) the Executive through a vote of no confidence.
·
This is a powerful role upon which they
can use to determine the life of the Government through exercising the ability
to provide or withhold support to either the entire government or a member of
the executive.
Other
roles
·
Promoting checks and balances in the
executive, judiciary, legislature (National Assembly).
·
Approving of nominated members of regional
assemblies e.g. East Africa Assembly, Pan Africa Parliament.
·
Selection, approving executive and
presidential appointments. For example the Cabinet Secretaries, Principal Secretaries and
Constitutional Office holders such as members of Commissions
·
Election of the Speaker of the National
Assembly.
·
Approving borrowings.
·
Approving International laws and treaties.
CHAPTER SIX:
LAND RESOURCES AND THE ENVIRONMENT
Introduction
(1) Land is Somalia’s primary resource and the
basis of the people’s livelihood.
(2) Land shall be held, used and managed in an
equitable, efficient, productive and sustainable manner.
(3) The Federal Government shall develop a
national land policy, which shall be subject to constant review.
That land policy shall ensure:
·
Equity in land allocation and the use of
its resources, the guarantee of land ownership and registration;
·
That land is utilized without causing harm
to the land;
·
Any land and property dispute should be resolved
quickly and acceptable among the parties;
·
That the amount of land that a person or a
company can own is specified;
·
That the land and property market is regulated
in a manner that prevents violations of the rights of small land owners; and
·
That the Federal Member States may
formulate land policies at their level;
The Constitution starts by stating that land in
Somalia shall be held, used and managed in a manner that is equitable,
efficient, productive and sustainable. These qualities should also apply in
Government for sustainable development.
Such qualities demand that people in their
localities ought to know how land, as a main factor of production, can be
utilized to support livelihoods, with connections
to life support systems such as the land itself, water and water catchment
areas, natural resources such as forests and air.
The Constitution has placed land surveys and
mapping under the Government and the regions Department of Lands, Urban
Planning and Environmental Management is in charge of planning for community
land; survey and titling of land parcels; forestation; urban planning;
rehabilitation of rivers and streams; sand harvesting; sanitation and waste
management; sewerage services and street lighting.
This means as a people ought to know what these
means to us and prepare to work closely with the Department for proper and
profitable utilization of our lands.
Purpose:
The purpose of this chapter is to enhance
understanding on equitable access to land especially for economic activities,
ensure security of our land rights, create avenues for sustainable and
productive management of land resources, ensure sound conservation and
protection of economically sensitive areas such as forests and water catchment
areas and elimination of gender discrimination in law, customs and practices
related to land and property in land while also encouraging communities to
settle land disputes through the recognized local community initiatives that
are consistent with the constitution.
Objectives
·
To promote the understanding of land,
environment and natural resources ownership in the Government.
·
To enable the people of Somali settle
land, environmental issues and natural resources disputes through local
community initiative.
·
To empower the people to sustainably and
productively utilize and manage land and natural resources.
·
To enhance understanding on local
initiatives towards settlement of land related disputes.
All land in Somalia belongs to the people of
Somalia collectively as a Somali nation, as communities and as individuals. As
such, land has been classified as public, community or private. The
Constitution has elaborated on what this means.
It is important for the Somali people to
understand well, the meaning of public land as provided in constitution and
also community land under Articles as private land is rather clear as put under
Articles of the Constitution.
Public land is held by a government in trust for
the people resident in the region and shall
be administered on their behalf by the National Land Commission if it is
classified un-estranged government land; land transferred to the state by
way of sale, deterioration or surrender; land in respect of which no individual
or community ownership can be established by any legal process; land in which
no inheritor can be identified by any legal process; land lawfully held, used
or occupied by any state organ.
Gender, Youth and Land issues
- Debating questions:-
·
How has land inheritance and ownership
hold up poverty and unemployment alleviation in Somalia Country?
·
What initiatives/incentives can enable
women and youth meaningfully utilize land and natural resources in Somalia
County.
·
Give examples of how women and youth have
been dispossessed or denied their right to land? How was it addressed?
Land, environment and natural resource disputes,
Conflicts and resolutions
There are several cases of land, environment and
natural resources disputes at family, clan, region, and inter-regional and even
at the national government level. These disputes and conflicts have affected
development work negatively and have also led to lose of lives. Land conflicts
and disputes originate from poor surveys, poor registration and even lack of
legal documents as proof of ownership of the land and areas in question.
However
environmental disputes and conflicts may originate due to lack of exercising
responsibility. This can be from either the government side or the citizen’s
side leading to filthy or dirty conditions of livelihoods, which also may lead
to spread of diseases.
Legally, some of the legal documents that
address land and natural resources conflicts and disputes include the
constitution, the Intergovernmental Relations Act, the Government Act, among
many others.
Discussing
Questions:
·
Are you aware of any land disputes or
conflict in your area?
·
At what level is the conflict; family,
clan, county, inter-region or national government level?
·
How did it emanate or start?
·
How was it resolved or it is still
constant?
·
How were land disputes and conflicts
settled traditionally?
·
Can these mechanisms work today? If not,
what can be done to make them work effectively?
The Environment
It is the obligation of the Somali State to
ensure sustainable exploitation, or use or development utilization, management
and conservation of the environment and natural resources while also ensuring
equitable sharing of the accruing benefits from the environment and the natural
resources.
Towards this end, the State should work to
achieve and maintain a tree cover of at least certain % of the land areas of Somalia
and the people also have a role to ensure that tree planting is taken as a
national duty especially in the country wide that are ravaged by drought
occasionally.
The State should encourage public participation
in the management, protection and conservation of the environment while
eliminating processes and activities that can endanger the environment as per the
Constitution.
Debating questions
·
Have you ever witnessed violation of the
right to clean and healthy environment?
·
Describe what happened, where it happened,
when it happened and who was responsible.
·
What actions did you take to correct the
situation? Is charcoal burning rampant in the county and is it sustainable?
·
What can be done by the Government to make
it sustainable as a cheaper source of energy?
·
What would be your specific role in this?
·
What other cheaper sources of energy can
be used to replace charcoal?
·
List any other violations to clean and
healthy environment you know of around your locality or area.
CHAPTER
SEVEN:
THE BILL OF RIGHTS
Introduction
The Bill of Rights can be set up as the
important part of Somalia’s democracy and the framework for social, economic,
political and cultural progression.
The
rights and fundamental freedoms contained in the Bill of Rights belong to each
and every individual and are not granted by the State. This chapter of the
Handbook therefore deals with you the reader as an individual person, with all
rights preserved in the constitution.
Purpose
The purpose of this part is to recognize and
protect your rights and fundamental freedoms as a person, preserving the
dignity of your individuality and those of communities while promoting social
justice in understanding of the human potential as human beings.
This can only be done through understanding what
human rights are, empowering others to know of such rights and fundamental
freedoms as a people while promoting and protecting those of the minorities and
the marginalized as promoted under Articles of the Constitution.
Objectives
·
To allow and empower Somali people in
order to promote and protect their rights.
·
To make clear to or explain to the people
of Somalia how to exercise their rights responsibly.
·
To transform attitudes, beliefs,
traditions and attitudes.
What are
human rights?
Human rights those aspects and entitlements that
make us human with dignity. They are Godly, unchallengeable and universal. They
are also legal guarantees protecting individuals and groups against actions by
any actors who interfere with fundamental freedoms and human dignity,
Human rights are commonly understood as being
those rights which are inherent to the human being. The concept of human rights
acknowledges that every single human being is entitled to enjoy his or her
human rights without difference as to race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status
Human rights are legally guaranteed by human
rights law, protecting individuals and groups against actions which interfere
with fundamental freedoms and human dignity. They are expressed in treaties,
customary international law, bodies of principles and other sources of law.
Human rights law places an obligation on States
to act in a particular way and prohibits States from engaging in specified
activities. Human rights are inherent entitlements which come to every person
as a consequence of being human.
Treaties and other sources of law generally
serve to protect formally the rights of individuals and groups against actions
or abandonment of actions by Governments which interfere with the enjoyment of
their human rights.
The most important
characteristics of human rights:
ü
human rights are founded on respect for
the dignity and worth of each person;
ü
human rights are universal, meaning that
they are applied equally and without discrimination to all people;
ü
human rights are unchallengeable, in that
no one can have his or her human rights taken away other than in specific
situations;
ü
for example, the right to liberty can be
restricted if a person is found guilty of a crime by a court of law;
ü
Human rights are indivisible, interrelated
and interdependent, for the reason that it is insufficient to respect some
human rights and not others.
ü
In practice, the violation of one right
will often affect the respect of several other rights.
ü
All human rights should therefore be seen
as having equal importance and of being equally essential to respect for the
dignity and worth of every person.
BASIC HUMAN RIGHTS
ü Freedom
of speech, expression, and the press.
ü Freedom
of religion.
ü Freedom
of assembly and association.
ü Right
to equal protection of the law.
ü Right
to due process and fair trial.
Discussion
Questions:
ü Give examples of rights and fundamental freedoms
you know of?
ü How are these rights and fundamental freedoms
observed or often violated? By who?
ü Have you had a case where your rights and
fundamental freedoms were violated?
ü What happened and how was the violation
redressed?
ü Was justice served and through which
institution(s)?
ü What other lesson can you share to advance
understanding of human rights?
Key
Principles of human rights
The key human rights principles that should
inform and guide individuals and groups when talking of human rights include:
ü
Universality and unchallengeable;
ü
all human beings are born free and equal
in dignity(Article of the Universal
Declaration of Human Rights);
ü
Indivisibility: all human rights cannot
be split or divided even in the civil, political, social, cultural, economic
spheres for human beings are all equal;
ü
Interdependence
and inter-relatedness:
human rights depend on each other and understanding of one right depends wholly
or in part with the other rights;
ü
Equality
and non-discrimination:
there should be no grounds whatsoever for discrimination on the basis of race,
ethnicity, colour, age, sex and sexuality, language, location and locality
among any other ground;
ü
Participation
and inclusion:
all human beings should actively, freely, with determination and significantly
participated and be included in their development;
ü
Accountability
and rule of law:
the right holders, which is the people, have rights and responsibilities, and
the duty bearers or state actors have the same as well although they are
answerable for the observance
ü
of human rights as per the State obligations;
ü Further
human rights norms are increasingly becoming enforceable against non-State
actors as well;
Institutions involved in
human rights protection.
ü Region and National Government institutions
ü Somalia National Commission on Human
Rights
ü National Land Commission
ü Public obtainment Oversight Authority
ü The National Police Service
ü The Independent Police Oversight
Authority
ü National Environment Management
Authority
ü National Gender and Equality
Commission
ü Courts and Tribunals
ü Somalia Forest Service
ü Somalia Wildlife Service
ü Civil Society Organizations
(including media, faith based, among others
Discussion Questions
·
Which other institutions do you think are
involved in protection of human rights in your locality?
·
How do they protect these rights?
·
How can they be strengthened to enhance
efficiency and effectiveness?
·
What are some of the most unreported cases
of human rights violations in County?
·
What is your role in protecting other
people’s rights?
·
What are some of the ways to enhance
protection of human rights?
·
What do you think is the role of the
county government in protecting your rights?
METHODS TO PROTECT HUMAN
RIGHTS
Documentation and monitoring:
·
Broad terms used to describe active collection,
verification and immediate use of information to address human rights problems
or violations.
·
This includes gathering first-hand
information about incidents, observing events, visiting sites where such
violations occur and taking all the necessary and relevant information on the
case.
·
This is important for any necessary restore
including discussions with the Government authorities in pursuant to any medicine
or compensations.
·
Any person can document and monitor human
rights violations and report the same to the relevant Government or National Government agencies but truthful
information is mandatory including doing follow-ups.
Fact finding and field missions:
The fact finding Involve a process of drawing
conclusions of fact from monitoring activities.
This is more specific than monitoring and involves a great deal of
information gathering in order to establish and verify the facts surrounding an
alleged human rights violation. It also
involves follow reliability through the use of generally accepted procedures
and by establishing a reputation for fairness and neutrality.
Observation:
Refer to the more reactive process of watching
events especially those related to the fundamental freedoms such as freedom of
assembly, association, elections and demonstrations. Observation requires on
site presence .
Individual and community roles
·
Knowing the fundamental freedoms and
rights.
·
Support human rights values and principles.
·
Organizing themselves to protect human
rights.
·
Forming cooperatives for economic liberation.
General
Discussions
·
What
are some of the factors that hinder promotion and protection of human rights in
administration?
·
What
are the common forms of human rights violations?
·
Name
some of the performers of these human rights violations?
·
What
actions have been /can be taken to address human rights violations?
·
How
can you individually and collectively observe, protect and address human
rights?
CHAPTER
EIGHT:
COMMUNITY MOBILISATION AND ORGANISING FOR CHANGE.
Introduction
This chapter discusses the framework of
financial matters with particular reference to openness, accountability and
public participation to an equitable society.
Purpose
The
purpose of this chapter is to ensure that people understand
elements and processes of budgeting, ways of raising revenue even at the
Government and their role in overseeing public expenditures.
Objectives
·
To enhance citizen participation in
revenue generation, budgeting, expenditure and control of resources.
·
To empower people in order to ensure that there
is transparency and accountability of government resources.
Public finance, sharing of revenue, borrowing
and grants
The public finance system exists to promote an equitable society by ensuring that
the weight of taxation is shared fairly, the revenue raised nationally is
shared equitably among national and governments and expenditures promote the equitable development of the
country, including by making special provision for marginalized groups and
areas.
The benefits of the use of resources and public
borrowing shall be shared equitably between present and future generations with
careful and responsible use of public finances.
Sharing of
Revenue
The revenue raised nationally is to be shared
equitably
Governments being allocated of certain percent
of the revenue calculated on basis of the most recent audited accounts of
revenue received, as approved by the National Assembly.
In the Equalization Fund, there shall be certain
% of revenue collected by the national government which is paid every year
initially for a period. The monies in the Equalization Fund will be used to
uplift the quality of basic services such as water, roads, electricity and
health in marginalized areas to levels as enjoyed by the rest of the country.
Borrowing
Government borrow at World Bank or IMF only with
the approval of their respective assembly Under constitution, Government are
allowed to get loans but have to be guaranteed by the National Government.
Grants and donations
Governments may receive donor grants or aid
either from foreign governments, nongovernmental agencies, corporate
institutions, humanitarians and individuals to support their social and
economic development programmes.
General
discussions
Do you contribute in
raising revenue for your administration? How?
·
How does the revenue you contribute
benefit you?
·
What are some of the natural resources
that can be used to raise revenue?
·
Who owns and controls the natural
resources in Country?
·
How else can administration expand its
revenue base?
·
Is the amount generated from the natural
resources in the Country equal with the amount earned e.g. Sand, Charcoal, etc.
Sources of Revenue for the Government
The Government
raises its revenue through imposition of taxes and charging fees for services
offered including:
·
Agricultural fess
·
Livestock fees
·
House rents
·
Market, rents and fees
·
Single business permits fees
·
Traditional make fees
·
Service delivery charges
·
Road maintenance charge
·
Parking fees
·
Rent for conference halls
·
Country parks and related facilities
·
Environmental conservation tax
·
Anti-dumping taxes
·
Charges and fees from public-private
partnerships such as allowances
·
Management contracts and rents
Which other ways are used or can be used to raise revenue for the
administration Government?
Government planning and budgeting:
·
Development of the administration in integrated
Development Plan which includes both long term and medium term plans.
·
Establishment of the financial and
economic priorities for the Government over the medium term.
·
Making an overall estimation of the administration/
government's revenues and expenditures.
·
It is prepared by the government's
Treasury and submitted to the administration executive Committee for approval.
·
preparation of budget estimates for the
government and submitting the estimates to the Government assembly then
follows;
·
the assembly then approves the estimates
·
the Assembly then pass the Appropriation
law and any other laws required to implement the government's budget.
·
Implementation of the government's budget
then follows with accounting for, and evaluating the government's budgeted
revenues and expenditures.
CHAPTER NINE:
PUBLIC
PARTICIPATION IN DEVELOPMENT
Introduction
This Chapter makes possible the reader to
understand the meaning and purpose of public participation in development.
Connected to chapter 7, this Chapter strengthens the process that provides private
individuals and groups an opportunity to influence public decisions for their
collective development, which is a long term component of a democratic
decision-making process.
Also as a
means, public participation ensures that citizens have a direct voice in public
decisions where terms like "citizen" and "public," and
"involvement" and "participation" are often used interchangeably.
The use of public participation is favored due
to the open nature of citizens hence placing roles and responsibilities on
individuals, hence still emphasizing Articles of the Constitution among many others.
Purpose
The
purpose of this
Chapter is to enhance understanding on what
public participation is and what it involves, the standards and values that
promote public participation, some of the approaches to an effective public
participation and some of the key development sectors that demand effective and
efficient public participation for transformative development, with change of attitudes,
beliefs, cultures and behaviours.
Objectives
·
To
enhance understanding on public participation and the principles and values
that promote public participation.
·
To localize and relate public
participation to the development challenges and needs in Country.
·
To assist in identifying some of the
approaches to effective public participation and the link to development
activities, projects and programmes.
·
Understanding
Public Participation - What is public participation?
Public participation is the process by which an
organization consults with interested or affected individuals, organizations,
and government entities before making a decision.
Public participation is two-way communication and
collaborative problem solving with the goal of achieving better and more
acceptable decisions.
Public participation prevents
or minimizes disputes by creating a process for resolving issues before they
become polarized or reflected.
Other terms sometimes used are
“public involvement,” “community involvement,” or “stakeholder involvement.
Who is the public?
Who are its members?
·
In public relations and
communication science, publics are groups of individual people, and are the
totality of such groupings.
·
The public” include an official who is a
sitting member of the governmental body being addressed?
·
One basic understanding of ‘a public’
describes it as groups of people that develop in response to issues, which
are important for the individuals concerned. These individuals are the citizens
that elect the state.
Key Discussion Questions:-
·
In
your own view and understanding, who is the public and what is public
participation?
·
How
can it be exercised effectively and efficiently?
·
Is
it happening in our Government through the devolved system of government and
how?
·
How
are individuals, groups and communities informed and involved of their
participation in development activities, projects and programmes?
·
Should
participation of the public in their own development work always be financed or
people are paid to participate?
·
What
can I (we) do to improve and promote our participation in development work in
our government?
Some of the values and principles that sustain
active citizen participation in development include:
·
Transparency
and accountability of the leadership and the members as well Inclusiveness or
completeness of all members in the activities of the organization or group.
·
Integrity of
the leadership and the members as well Rule of law when conflicts emerge that
cannot be solved as per the laid down procedures.
·
Good
governance and best practices of the group to motivate the members.
·
Non-discrimination
and equality of all persons who aim to join.
·
Public
participation of all members.
·
Consultation
of and by the leadership.
·
Enabling
environment to generate ideas with creativity and motivation.
·
Respect for
human dignity and rights.
·
Capacity
building of the weak members to be leaders of the group.
·
Sustainability
of the initiated projects and programmes.
·
Unity
of the members as a strength of the group or association
Principles and Values of Public Participation:
·
What
principles and values ought to be considered to guarantee public participation
in development?
·
What demonstrates that people are
participating in their development activities, projects and programmes.
·
What illustrates that people are developed
economically, socially, politically, culturally, technologically,
environmentally etc.
·
Whose responsibility is it to initiate
development in their locality?
Participation
The
approaches to public participation are largely classified as:
In the project planning process, public
participation provides information and ideas on public issues, enables public
support for planning decisions, avoids draw out conflicts and costly delays and
acts as a reservoir of good will which can carry over to future decisions while
enhancing spirit of cooperation and trust between the agencies involved and the
intended beneficiaries.
It is important to note and appreciate that all
these techniques can be used interchangeably e.g. public meeting can have
inputs, education and interactions at the same time although publicity rarely
has these. Also the technique to be used depends on the number of participants
targeted, the information to be passed and feedback being sought.
Public Partnerships:
This
offers the public a formalized and recognized role and responsibilities in
shaping their ultimate decisions.
It
is the desired table for democratic development and all parties are informed
and actively playing their roles in all sectors of development:
·
Health,
·
education,
·
infrastructure,
·
water,
·
food,
·
housing,
·
environment,
·
sanitation,
·
Natural
resources among many others).
Discussion questions:
·
What are some
of the benefits of an effective public participation?
·
Which of
these benefits have been realized in your locality and in which activity,
project or program?
·
What
approaches and techniques were used to ensure effective public participation in
the activities, projects or programs mentioned above?
·
Through these
approaches and techniques, what is the place of public participation the development
work in the Country?
·
Under what
forum or platform will you ensure effective public participation in your
village, community, locality and Ward?
Areas that Demand Effective Public Participation
Largely all areas that touch on public affairs demand effective
public participation. These include:
·
The health sector: this
is an area of devoted interest to individuals, groups and communities and
especially under the community health management system.
·
The education sector:
kindergartens, nursery school, primary schools, secondary schools and even
colleges.
·
The water and sanitation sector: the management of all water resources and sources, wet lands
among others
·
Natural
resources and environment management especially public lands, sand, trees
and forests. This is an area of attention as it relates to charcoal burning and
the need for reforestations.
·
Infrastructure such
as roads and communication systems.
Discussion
points
·
Do
we have public lands in our Country? Where are they and how are they managed?
·
How
is the pre-primary education, primary and secondary schools management in our
country today, comparing 1975 Education system?
·
What
are some of the challenges witnessed in the management of the above public
institutions?
·
Why
do these challenges occur? Where are the gaps in ensuring that they are
effectively run and managed?
·
What is your
role and responsibility in ensuring that the above public sectors are
effectively managed and run?
CHAPTER TEN:
LAWS
GOVERNING AND RELATING TO DEVOLVED
SYSTEM OF GOVERNMENT
Introduction
These
chapters fasten the civic education, community mobilization and organizing,
public Participation and all other related development processes under the laws
that govern Somalia.
This
Chapter only highlights some of the essential devolution laws. The reader
should keep on advancing their legal knowledge on more related laws for legally
informed discussions, cares and engagements with both the national and regional
governments.
1.
In the Federal Republic of Somalia, the state is
composed of two levels of government:
a)
The Federal Government Level;
b)
The Federal Member States Level, which is
comprised of the Federal Member State government, and the local governments.
2. No
single region can stand alone. Until such time as a region merges with another
region(s) to form a new Federal Member State, a region shall be directly
administered by the Federal Government for a maximum period of two years.
Ref. (Visit chapter 5 of the
constitution: devolution of the powers of state in the Federal Republic of
Somalia)
The Number and Boundaries of the Federal Member
States and Districts
4.
Federal Member State boundaries shall be
based on the boundaries of the administrative regions as they existed before 1991.
5.
Based on a voluntary
decision, two or more regions may merge to form a Federal Member State (Visit
chapter 5 of the constitution: devolution of the powers of state in the Federal
Republic of Somalia)
Purpose:
The purpose of this chapter is to highlight some
of the key devolution laws that should guide the people and the devolved
government in respecting, protecting, fulfilling and even providing the desired
peoples’ services at the government
level, with accountability, transparency and public participation.
The laws give powers of self-governance and to
the people through their region governments and recognize the right of
communities to manage their own affairs and to further their development under
the rule of law principles.
Objectives
·
To
provide roads for legal knowledge to the devolved system of governance and how
it should be realized and protected.
·
To
highlight the legal basis for public participation in the management of all
public affairs while also providing roads towards mobilization and organizing
for change and development.
Annex:
Soomaaliyeey Toosoo
waa astaanta Qaranka Soomaaliya, waxaa la qoray
1947dii, Heestaan waxaa subax kasto laga qaadi jiray iskooladda, waxaa ayna
noqotay heesta qaranka Soomaaliya xilliyadii ee xukumi jirtay dowladdii hore ka
soo bilow SYL-kii. Waxaa la aqoonsaddey markii af soomaaliga la qoray ka dib.
Soomaaliyeey Toosoo
Toosoo isku tiirsada ee
Hadba kiina taagdaranee
Taageera waligiinee
Toosoo isku tiirsada ee
Hadba kiina taagdaranee
Taageera waligiinee
Idinkaysu
tookhaayoo
Idinkaysu taamaayee
Aadamuhu tacliin barayoo
Waddankiisa taamyeeloo
Idinkaysu taamaayee
Aadamuhu tacliin barayoo
Waddankiisa taamyeeloo
Sharcigaa isku kiin
tolayoo
Luuqadaa tuwaaxid ahoo
Arligiina taaka ahoo
Kuma kala tegeysaan o
Luuqadaa tuwaaxid ahoo
Arligiina taaka ahoo
Kuma kala tegeysaan o
Tiro ari ah oo
dhaxalaa
Sideed laydin soo tubayoo
Ninba toban la meel marayoo
Cadowgiin idiin talin oo
Sideed laydin soo tubayoo
Ninba toban la meel marayoo
Cadowgiin idiin talin oo
Tuldo geel ah oo
dhacan baad
Toogasho u badheedhanee
Ma dhulkaas dhanee tegeybaan
Ninna dhagax u tuuraynoo
Toogasho u badheedhanee
Ma dhulkaas dhanee tegeybaan
Ninna dhagax u tuuraynoo
Qaran aan hubkuu
tumayo
Tooreyda dhaafayn Oo
Tooreyda dhaafayn Oo
aan taar samayn Karin
oo
Uur kutaallo weynaa
Uur kutaallo weynaa
Hadba waxaan la
taahaayoo
Togagga uga qaylshaa
Nin dalkiisii cadow taaboo
U tol waayey baan ahayee
Togagga uga qaylshaa
Nin dalkiisii cadow taaboo
U tol waayey baan ahayee
Hadba waxaan laa
ooyaay Oo
ilmadu iiga
qubaneysaa
Iqtiyaar nin loo
diidoo
La addoon sadaan ahayee
La addoon sadaan ahayee
REFFERENCES:
1.
Jump up^ "Somalia: UN Envoy Says
Inauguration of New Parliament in Somalia 'Historic Moment'". Forum
on China-Africa Cooperation. 21 August 2012.
Retrieved 24 August2012.
2.
^ Jump up to:a b c d e f "Guidebook
to the Somali Draft Provisional Constitution".
Retrieved 2 August2012.
5.
^ Jump up to:a b "The
Federal Republic of Somalia - Harmonized Draft Constitution" (PDF). Federal
Republic of Somalia. Retrieved 2 August 2012.
6.
Jump up^ "Somali
lawmakers elect Mohamud as next president". Reuters.
Retrieved10 September 2012.
7.
December 2014.
Retrieved19 March 2015.
8.
Jump up^ "Somalia
swears in historic new parliament". Al
Jazeera. 20 August 2012. Retrieved21 August 2012.
11.
Jump up^ "Somali
Parliament Elects Speaker for New Gov’t". Voice
of America. 28 August 2012. Retrieved 28 August 2012.
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Jump up^ "The
Federal Republic of Somalia - Provisional Constitution" (PDF).
Retrieved13 March 2013.
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World
Vision, Kenya. A Guide for Non-State Actors in Devolved Governance. 2012
15.
Coudouel,
Dani, and S. Paternostro, eds. 2006. Poverty and Social Impact Analysis of
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Reforms:
Lessons and Examples from Implementation. Washington, DC: World Bank.
17.
Goldsmith,
William W. 1999. Participatory Budgeting in Brazil. New York: Planners Network.
18.
http://www.plannersnetwork.org/htm/pub/working-papers/brazil/brazil_goldsmith.pdf.
19.
Leonardo Avritzer (2012):
The different designs of public participation in Brazil:
20.
deliberation,
power sharing and public ratification, Critical Policy Studies, 6:2, 113-127.
22.
Africog.Public
Participation and Parliamentary Oversight: Legal Reforms and Policy
24.
Planning Analysis: The
Theory of CitizenParticipationhttp://pages.uoregon.edu/rgp/PPPM613/class10theory.htm
25.
United
Nations: A New Partnership: Eradicate Poverty and Transform Economies
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through
Sustainable Development, ©2013. New York. http:// un.org/publications
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31.
Making
Informed Choices, A Handbook for Civic Education (2001), Nairobi, Kenya.
32.
Uraia Trust Handbook in
Civic Education/Kenya Law Reports: www.kenyalaw.org/County
34.
http://www.kenyampya.com/index.php?county=Makueni
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