Is the Presidential Envoys Appointed by the President of Somalia Meant to Replace the Constitutional Council of Ministers?

INTRODUCTION

Presidential envoys are agents appointed as the personal representative of the president of state. They are often appointed in response to public attention to a particular region or issue.[1]

According to Merriam-Webster Dictionary defined Envoy as a minister plenipotentiary accredited to a foreign government who ranks between an ambassador and a minister resident or a person delegated to represent one government in its dealings with another.[2]

A special envoy is an individual who, like a special representative, represents an international organization or a State on the basis of a temporary mandate as mentioned above. However, the early days of diplomatic relations between States and other political entities, special envoys have played an important, though usually rather unobtrusive role. By now they also form an inherent part of the institutional structure of the United Nations (UN) and can be found in the realm of regional organizations such as the European Union (‘EU’), the African Union (AU).^[3]

It is unusual for a country to appoint special presidential envy within a domestic affair but rather to coordinate in the foreign policy arena. However, President Hassan Sheikh Mohamuud of Somalia set the precedent for making special envoys since he came into palace last year 2022. The president may meet their expenses and pay them such sums as he regards as reasonable. Particular interest in the employment of this kind of representative rest upon constitutional and legal distinctions.

Under article 90 clause (K) of the Constitution of Somali 2012, the president ‘shall appoint senior federal government officials… with the recommendation of the Council of Ministers…’. Within one and half years the president has appointed Seven (7) special envoys. Yet, the president has not put in place any of their names before the Council of Ministers or asking its advice and consent before appointment.

Special Envoy as Temporary

Special envoys can operate outside of the typical reach of an ambassador to address complex, multilateral issues. This indicates that there is now general consensus about the legal status of agents. The basic fact is that the president’s personal representative is not an officer of the government. This remains true even when he performs duties normally performed by officers. Indeed, he may be superior to officers and have regular officers of the working government under his direction and control.[1]

The second basis for the unofficial status of special envoy is that their duties are temporary. The word ‘temporary’ has more flexible than the ordinary use of the word would indicate e.g. Rt. Hon. Abdirahman Abdishakur was appointed as a special envoy for drought by the president of Somalia on May 2022 and when the severe draught ended November 2023, there was vacancy and no successor was appointed by the president. Similarly, Omar Ibrahim Hashi, a member of parliament, took Special Envoy Mohamed Abdi Ware’s office after the President Hassan Sheikh Mohamud dismissed him on 26 November 2023. Mr. Waare, a significant ally of President Hassan Sheikh Mohamud and a fervent supporter of his military war against Al-Shabaab. Not immediately clear is the reason for Waare’s firing.

Classification of Diplomatic Envoys under International law

This is the system in international world, this type of person is known as ‘Diplomatic envoys’ or Diplomatic representative’. special importance is given to such person in international law, such type of person has many immunities and privileges. The word ‘Envoy’ can be found in the Vienna Convention on Diplomatic Relations. Thus, at present, the classification of diplomatic envoys is as follows in accordance with article 14;

1. That of ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank; Ambassador and legates are the diplomatic agents of first category.
2. That of envoys, ministers and internuncios accredited to Heads of State;

• That of chargés d’affaires accredited to Ministers for Foreign Affairs (ambassador-deputy).

On March 29, 1968, the Republic of Somalia ratified the Vienna Convention on Diplomatic Relations, which had been adopted in 1961 in compliance with Article 51. Being a state party to the Convention, Somalia’s government must comply and fulfilled the conditions set forth in article 14 as well as customary international law and refrain from misleading the public. In the strictest sense, the sending and receiving states must be accredited by one another in the context of their bilateral relations in order for one to apply for the special envoy-ship.

President Hassan Makes New Special Advisors

As the number of special presidential advisors for Hassan Sheikh grows, quarries are also raised. In the eighteen (18) months he has been in office, he has recruited Eleven (11) special advisors, raising concerns about the range of responsibilities they do in addition to the Council of Ministers, even though few of them are known to the public.  This is a departure from his predecessor, Mr. Mohamed Farmaajo, who had few advisors, with most of them experts in specific professions.

Who will pay the wages of the 18 Offices of the Presidency, the President’s Special Envoys and advisors combined, is the pertinent question. The total budget of the President’s Office stands at around 11 million dollars per annum.  During the Parliament’s debate on the fiscal year expenditure of public institutions 2022/2023, Honorable Mohamed Abdi Maareeye questioned the Ministry of Finance regarding the responsibility of these advisory bodies that have an annual budget exceeding forty million dollars (40 M).

The Constitutional Council of Ministers and the Presidential Envoys and Advisors have overlapping interests and concerns

The Somali Constitution establishes independent institutions and a Council of Ministers from articles 97 up-to article 114. There is no doubt that presidential envoys and advisors appointed by the president may perform the same or duplicate tasks.

As per the article 97 of the Constitution states that there must be a Council of Ministers which is the highest executive authority of the Federal Government and consists of the Prime Minister, Deputy Prime Minister (s), Ministers, deputy-ministers, State ministers.

Under Article 99 of the constitution Lists Several Responsibilities with the Council of Ministers includes: –  

Formulation of Policies: The Ministers formulate the policies of the government. The Cabinet takes decisions on all major problems—public health, relief to the disabled and unemployed, prevention of plant diseases, water storage, land tenures and production, supply and distribution of goods. When it has formulated a policy, the appropriate department carries it out. To approve and implement administrative regulations, in accordance with the law; To initiate draft laws, and table them before the House of the People of the Federal Parliament; To set the budget and finance of the country. To implement laws, ensure national security, and protect state interests; To appoint and dismiss senior public officials; to propose the appointment or dismissal of ambassadors, consuls and diplomats; and to exercise any other power conferred upon it by the Constitution or by other laws.

To formulate national economic policies and development programs.

• The council is responsible to formulate various development programs and projects for the development of the country. Examples are the New Economic Policy (NEP), the National Development Policy (NDP), and the National Vision Policy (NVP) among others.

[1] Ballotpedia, ‘Special envoys by administration’ (2023) https://ballotpedia.org/Special_envoys_by_administration. Accessed 27/Nov/2023

[2]Merriam-Webster Dictionary https://www.merriam-webster.com/dictionary/envoy. Accessed 27/Nov/2023

[3] Oxford Public International Law, ‘Special Envoy’ (2021) https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e2054#law-9780199231690-e2054-div1-4. Accessed 27/Nov/2023

[4] Wriston, Henry M. “The Special Envoy.” Foreign Affairs, vol. 38, no. 2, 1960, pp. 219–37. JSTOR, https://doi.org/10.2307/20029414. Accessed 27 Nov. 2023