Mogadishu – (Hornpost) First and foremost, we extend our condolences to the families and relatives of those who lost their lives during the ongoing operations related to the misuse of public land in Mogadishu. We pray that God has mercy on those who passed away and grants a swift recovery to those injured.
According to Articles 25, 26, and 43 of the Provisional Constitution of the Federal Republic of Somalia, Articles 50 and 51 of the Public Finance Management Act (which outline the handling of public assets), as well as Articles 6 and 22 of Land Distribution Law No. 41, it is mandatory to ensure the following when public land is removed from the national public land registry:
That every citizen has the right to live in an environment that does not endanger their health and wellbeing,
That it is demonstrated the land in question is no longer needed and why,
That its sale is managed by the National Procurement Authority,
That the decision is announced in the Official Gazette and posted in public gathering places,
That equal opportunities are guaranteed in access to land and its resources,
That land adheres to principles of sustainable utilization without harming the environment,
That disputes over land and property are resolved lawfully,
That the land market is regulated to prevent the exploitation of small landowners’ rights,
That revenue from land sales is deposited into the Central Treasury of the Government.
It is deeply regrettable that these constitutional and legal requirements have not been observed, and instead, the Provisional Constitution of the Federal Republic of Somalia and other national laws have been openly violated.
Therefore, in consideration of the repeated complaints we have received from displaced families, we call upon President Hassan Sheikh Mohamud to:
Refraining from misusing public assets and from oppressing vulnerable citizens whom he has sworn to serve, provide resettlement for the displaced families, as is their constitutional right,
Return the land to state ownership, and in cases where it is deemed surplus, ensure the proper legal procedures are followed.
Finally, we caution Somali businesspeople and the wider society not to be deceived into acquiring public land that belongs collectively to the people. We urge them to stand together against corruption and the looting of national assets, being mindful of their constitutional power as enshrined in Article 1 of the Constitution.
Signed jointly by former Presidents of Somalia:
H.E. Abdiqasim Salad Hassan
H.E. Sharif Sheikh Ahmed
H.E. Mohamed Abdullahi Farmaajo
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Hornpost staff Reporter