Somali Parliament, Assessing Accountability Legal Implications of a Non-Attending MP..

The integrity and functionality of democratic institutions are fundamentally dependent on the accountability of their members. In Somalia, this principle is under scrutiny in the case of a Federal Member of Parliament (MP) who has not attended parliamentary sessions for an extended period while continuing to draw a salary..

This MP has also publicly accused the government of corruption and financial mismanagement. This essay explores the legal basis, constitutional provisions, Somali Penal Code, international laws, and parliamentary rules relevant to this situation. It will examine whether such an MP can credibly audit the government and the broader implications of their actions.

Legal and Constitutional Basis:  and Somali Constitution:

The Somali Constitution sets high standards for the conduct of public officials, including MPs. Article 79 mandates that parliamentary members actively participate in legislative duties. Persistent non-attendance without a valid reason constitutes a breach of this constitutional duty. MPs are entrusted with representing their constituents, deliberating on legislation, and overseeing the executive branch. Failure to fulfill these duties undermines the democratic process and erodes public trust.

Parliamentary Rules: Attendance and Participation.

Parliamentary rules in Somalia require members to attend sessions and actively participate in legislative duties. Persistent absence without valid reasons can lead to disciplinary actions, including suspension or expulsion from parliament. These rules ensure that MPs fulfill their obligations to their constituents and the legislative process.

Can the MP Audit the Government? 

Conflict of Interest:

An MP involved in unethical practices, such as non-attendance while claiming a salary faces a significant conflict of interest. This MP lacks the moral authority and credibility to audit the government or accuse it of corruption and financial mismanagement. Their actions undermine the principles of transparency and accountability they claim to uphold.

Public Trust:

For effective governance, public officials must be accountable and maintain public trust. An MP who engages in unethical practices undermines this trust and cannot credibly perform oversight functions. Hisactions create a perception of hypocrisy and weaken the integrity of the parliamentary system.

Somali Penal Code:

The Somali Penal Code provides a framework to address the misuse of public funds. Article 268 criminalizes embezzlement by public officials. An MP claiming a salary without performing their duties misappropriates public funds for legislative work. Additionally, Article 327 addresses the abuse of office, which includes exploiting one’s official position for personal gain or causing harm to public interests. Non-attendance and unjustified salary claims fall under this provision, highlighting the legal implications of such misconduct.

Somali Employment Law:

Under Somali employment law, employees, including public officials, must fulfill their job responsibilities to justify their salaries. An MP’s persistent non-attendance while continuing to draw a salary violates these employment principles. Employment laws in Somalia also provide for disciplinary actions against employees who fail to meet their responsibilities, such as suspension or dismissal. This framework underscores the necessity of accountability and the legal consequences of failing to perform one’s duties.