Granting Mogadishu a City-State Status

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Jul 30 (Jowhar) Mogadishu is the capital of the Federal Republic of Somalia and serves as the nation’s political, economic, and cultural hub.

Despite its significance, the city continues to face multiple challenges, including the absence of a comprehensive governance structure, political interference, and the lack of a legal framework defining its status.

This article highlights the importance of recognizing Mogadishu as a City-State with its own legislative, executive, and judicial powers—comparable to the other federal member states—while upholding national unity. This approach could be the key to resolving the city’s persistent governance problems, improving public services, ensuring security, and promoting political stability across the country.

1. Current Situation and Existing Challenges

For decades, Mogadishu has been administered under the Benadir Regional Administration, which is under the Office of the President. There is no legal framework defining its status as a federal member state, resulting in:

• Conflicts and confusion over administrative powers and budgeting;
• Persistent political interference;
• Lack of a structured urban development plan;
• Public discontent over inadequate political representation for Mogadishu’s residents.

If left unaddressed, these issues will continue to erode public trust, weaken the central government’s effectiveness, and undermine the federal system in Somalia.

2. Policy Objectives

The objectives of this policy article are:

• To formally recognize Mogadishu as a City-State with full legal status.
• To ensure Mogadishu receives adequate political representation in both houses of the Federal Parliament.
• To base the city’s administration on democratic elections and local representation.
• To improve public services, enhance security, and address the needs of the city’s districts.

3. Constitutional Basis

Article 9 of Somalia’s Provisional Constitution states that the status of the Federal Capital shall be determined during the constitutional review process, and that a special law shall be enacted by both Houses of the Federal Parliament.

Moreover, Article 49(1) of the Constitution stipulates:

“The number and boundaries of the Federal Member States shall be determined by the House of the People of the Federal Parliament.”

Therefore, the Federal Parliament holds the authority to legislate the creation and structure of any new federal member state, including the status of Mogadishu.

This constitutional framework opens the door for Mogadishu to be granted a special administrative status—similar to cities like Berlin (Germany)—allowing it to manage its affairs while preserving the unity of the nation.

4. Proposed Governance Structure

Executive:

• A directly elected President (or Mayor-General) of the City by the residents of Mogadishu.
• An Executive Council appointed by the Mayor and approved by the City Legislative Council.

Legislative:

• A City Legislative Council composed of representatives elected from each district, with the authority to enact local laws.

Judiciary:

• A dedicated court system for the city, harmonized with the national judicial structure.

Security:

• A local police force under the authority of Mogadishu’s civilian administration.

5. Key Benefits

• Political Neutrality: Mogadishu would serve all Somalis without being tied to a specific political faction.
• Good Governance: Clear separation of powers and responsibilities, reducing power conflicts.
• Economic Growth: Legal recognition would facilitate international investment, local revenue generation, and sustainable development.
• Democratic Participation: Residents of Mogadishu would have a direct voice in electing their local leaders.

6. Risks and Mitigation Strategies

Risk

Mitigation Strategy

Political opposition from federal or regional actors

National dialogue and constitutionally based special legislation

Clan-based conflicts

Develop a city-specific constitution that guarantees power-sharing

Power struggles between federal government and city administration

Enact clear laws defining mutual powers and responsibilities

7. Policy Recommendations

1. The Federal Parliament should pass a special law defining Mogadishu’s status, in accordance with Article 49(1).
2. Establish a National Committee to draft Mogadishu’s City-State Constitution.
3. Organize local elections to form the City Council and elect the city’s leadership.
4. Develop a fair revenue-sharing model for taxes collected by the federal government in Mogadishu.
5. Launch public awareness campaigns and inclusive consultations with all stakeholders—women, youth, businesspeople, religious leaders, and civil society.

Conclusion

Granting Mogadishu City-State status directly addresses long-standing political, administrative, and social challenges. This reform would ensure a fair and transparent system of governance and allow the capital to function impartially in the service of all Somalis. It would also help prevent recurring political tensions by establishing Mogadishu as a neutral federal capital with autonomous powers aligned with other federal member states.

Author: Avv. Omar

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