CONSTITUTION DRAFTER DISILLUSIONED

C O N F I D E N T I A L MOGADISHU 10969

E.O. 12356: DECL: OADR
TAGS: PHUM PGOV PINS SO
SUBJECT: CONSTITUTION DRAFTER DISILLUSIONED

REF: MOGADISHU 09743


1. CONFIDENTIAL - ENTIRE TEXT.

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2. ON DECEMBER 17, POLOFF SPOKE WITH ABDULAHI
MOALLIM, A HAWIYE LAWYER SPECIALIZING IN HUMAN
RIGHTS ISSUES. MOALLIM WAS ONE OF THE SIX DRAFTERS
OF THE NEW SOMALI CONSTITUTION.

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3. MOALLIM SAID HE WAS DISILLUSIONED BY THE GSDR'S LACK
OF RESPECT FOR THE CONSTITUTION, AND LISTED 13
VIOLATIONS, INCLUDING ILLEGAL ARRESTS, PROPERTY
SEIZURES, AND KILLINGS, OF ITS TERMS SINCE ITS
IMPLEMENTATION. MOALLIM ALSO CALLED THE NEW
SECURITY DECREE UNCONSTITUTIONAL, AND MAINTAINED
THAT ITS ISSUANCE WAS A MISUSE OF THE CONSTITUTIONAL
PROVISION ALLOWING PRESIDENTIAL DECREES. THESE
SHOULD ONLY BE USED FOR "TRUE EMERGENCIES," HE SAID.

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4. WHEN ASKED WHETHER HE WOULD STILL BE WILLING
TO SERVE ON THE GSDR DELEGATION TO ROUND TABLE TALKS
WITH THE OPPOSITION, WERE THESE TO BE RESCHEDULED,
MOALLIM CLAIMED HE HAD NEVER BEEN WILLING TO SIT ON
THE GOVERNMENT'S SIDE. HIS NAME HAD BEEN PUT ON THE
LIST WITHOUT HIS BEING ASKED.

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5. NEVERTHELESS, MOALLIM CONTINUED, HE BELIEVED THAT
TALKS BETWEEN THE GSDR AND ITS OPPONENTS HAD SOME
CHANCE OF SUCCEEDING AND WERE THE ONLY WAY TO AVOID
A VIOLENT END TO THE SIAD REGIME. HE BELIEVED, HOWEVER,
THAT THE EGYPTIAN AND ITALIAN GOVERNMENTS WERE FED UP
WITH SIAD'S TERGIVERSATIONS AND DOUBTED THEY WOULD BE
WILLING TO RESCHEDULE THE ROUND TABLE TALKS. NOBODY
TRUSTS SIAD, HE SAID, AND RECONCILIATION IS UNLIKELY
TO TAKE PLACE UNTIL SIAD RESIGNS, A STEP MOALLIM
BELIEVES SIAD WILL BE COMPELLED TO TAKE.

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6. COMMENT. MOALLIM'S GLOOM REGARDING THE
CONSTITUTION AND PEACEFUL RECONCILIATION IS
REMARKABLE BECAUSE, SIX WEEKS AGO, HE WAS THE
MOST OPTIMISTIC OF THE EMBASSY'S CONTACTS
(REFTEL). HIS CONTINUED BELIEF IN THE POSSIBILITY
OF A PEACEFUL SOLUTION TO SOMALIA'S POLITICAL
CRISIS STILL SHOWS HIM TO BE MORE SANGUINE THAN
MOST OF OUR OTHER CONTACTS.

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7. ALL PARTIES SEEM TO WANT TO CLAIM MOALLIM FOR
THEIR SIDE. IN ADDITION TO BEING ADDED TO THE
GSDR DELEGATION WITHOUT HIS PERMISSION, MOALLIM
EARLIER THIS YEAR WAS FALSELY LISTED AS A SIGNER
OF THE MAY MANIFESTO. END COMMENT.

BISHOP