US embassy cable - 90MOGADISHU10969

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