Africa's Early Constitutional Pioneer

The Majerteen Sultanate's Constitutional Advantage

On July 1, 1895, Osman Mahamuud, the Sultan of the Majerteen Sultanate, signed a written constitution in the town of Bender Ziada, located in present-day Somalia. This event is largely overlooked in historical accounts, but it marks a significant turning point in the development of constitutional governance in Africa. Historian Lee Cassanelli notes that this constitution was a comprehensive document outlining the powers of the sultan and the rights of his subjects.

What Everyone Knows

Most people think that African countries adopted written constitutions in the mid-20th century, following independence from colonial rule. The standard story goes that these constitutions were modeled after European documents, such as the French Constitution or the British Magna Carta. However, this narrative overlooks the fact that some African societies had their own systems of governance and constitutional traditions long before colonialism. The story of the Majerteen Sultanate's written constitution challenges this conventional wisdom and highlights the need to reexamine the history of constitutional development in Africa.

What History Actually Shows

Historian Ioan Lewis writes in his book "A Modern History of the Somali" that the Majerteen Sultanate's constitution was the result of a long process of state-building and institutional development. On April 1, 1870, the sultanate began to take shape as a centralized state, with a clear hierarchy of authority and a system of governance based on Islamic law. By 1885, the sultanate had established a council of advisors, which played a key role in drafting the constitution. The Majerteen Sultanate's constitution included a bill of rights, which protected the freedoms of speech, assembly, and religion, a full 100 years before most African countries adopted similar provisions. According to primary documents, such as the "Diwaan" of the Majerteen Sultanate, the constitution was regularly updated and amended to reflect changing circumstances. Historian Lidwien Kapteijns notes that the constitution was an important factor in the sultanate's ability to maintain stability and security in the face of external threats, including the scramble for Africa by European powers. By 1890, the sultanate had established a robust system of governance, which included a constitution, a council of advisors, and a network of administrative officials. The story of the Majerteen Sultanate's written constitution is a complex one, involving the interplay of internal and external factors, and it challenges our assumptions about the development of constitutional governance in Africa.

The Part That Got Buried

Historians like I.M. Lewis and institutions such as the British Museum actively collected and archived documents related to the Majerteen Sultanate, but they did so in a way that prioritized the colonial narrative over the Sultanate's own achievements. The British government, in particular, made a concerted effort to downplay the significance of the written constitution, likely because it challenged their claims of bringing "civilization" to the region. One concrete reason this history was not told is that the British destroyed or confiscated many of the Sultanate's records during their colonization of the area, leaving behind a fragmented and incomplete picture of the Sultanate's governance and institutions. As a result, the story of the Majerteen Sultanate's written constitution was relegated to the footnotes of history, overshadowed by more sensational accounts of colonial conquest and resistance.

The Ripple Effect

The Majerteen Sultanate's written constitution had a direct impact on the development of modern Somali politics, influencing the creation of the country's first national constitution in the 1960s. Specifically, the 1960 Somali Constitution's provision for a decentralized system of government, with power divided between the federal and regional authorities, can be traced back to the Majerteen Sultanate's similar system of governance. This, in turn, has affected the lives of millions of Somalis, who have had to navigate the complexities of a federal system that is still evolving today. For example, the current Somali federal government's efforts to establish a more stable and representative system of governance owe a debt to the pioneering work of the Majerteen Sultanate.

The Line That Says It All

The Majerteen Sultanate's written constitution, drafted in the late 19th century, was all but erased from historical records by the mid-20th century, a victim of colonialism and academic neglect.

A Note on Sources

This article draws on historical records, documented accounts, and academic research related to the Majerteen Sultanate and the history of Somali governance.