Recommendations for democratic reforms
While Somaliland’s democracy has achieved significant successes since 1991, it nonetheless requires further reforms to avoid undoing many of those accomplishments. Many of the following recommendations stem from an engagement with the current political and social initiatives within Somaliland.
Develop an inclusive procedure to nominate and elect Guurti
Somaliland has not yet established a formal mechanism to nominate and elect representatives to the House of Elders. The initial members of the Guurti were appointed by their clan bases and represented the region’s most revered traditional leaders in 1997. Many Somalilanders assert that the Guurti played an instrumental role in the country’s state-building process and are crucial for maintaining peace and order (Bradbury 2008; Logan 2002; and Renders 2007). However, there is no institutionalized method of electing the elders to parliament. Article 130 of the constitution prescribes, “Any vacancy is filled by a person selected by the community which chose the departing incumbent at the 1997 Conference of the Somaliland Communities” (Republic of Somaliland 2001). Some of the original members have died and been replaced by kin, sparking widespread controversy and dissatisfaction. In recent years, the Guurti have often acquiesced to the executive’s unconstitutional extensions of power and have become “too arrogant and too corrupt by overstaying in power” (HRW 2009). In 2006, the Guurti approved an executive order that unilaterally and unconstitutionally extended the Upper House’s mandate for four years.
As an institution based on traditional Somali customs, it is imperative that the government continues to adhere to the cultural values that provide the Guurti with its legitimacy. Representatives in the House of Elders must have broad support from their constituencies so as to continue to use such respect to position themselves as mediators of conflict. Further, members of the Guurti must be held accountable to their communities and be subject to institutional checks and balances that promote and uphold good governance. While a ballot procedure is not necessarily an ideal solution, the people of Somaliland must be provided with an appropriate instrument for choosing their officials.
Invest in the judiciary
Somaliland’s judiciary is the government’s weakest institution and struggles to complete basic functions and apply the law. The government spends more money on the presidential residence than on the judiciary and only five of the approximately fifty-four employed judges have formal legal qualifications (UNDP 2011). In addition, the Ministry of Justice does not employ a lawyer and some courthouses struggle to obtain copies of the laws (UNDP 2011). President Rayale’s multiple unchecked breaches of executive power highlighted the courts’ inability to hold the government accountable to the constitution. Judges often apply an arbitrary mix of legal, traditional and Sharia law and detainees are often held in jail for weeks without a trial. The court system has, however, markedly improved in recent years, as defendants are treated with fundamental liberties such as the presumption of innocence, the right to legal representation and the ability to question witnesses. In 2010, the United Nations Development Program (UNDP) began implementation of a legal training initiative that graduated thirty-four judges, lawyers, and support staff. Somaliland must continue to invest in legal education and a structured penal code that fairly balances the country’s three penal structures. Further, the judiciary must remain independent of the government’s desires and develop the political will to prosecute violations of the constitution.
Increase the number of political parties
The 2001 constitution stated that only three parties would be allowed in the country’s political system; the United Democratic People’s Party (UDUB), the Justice and Welfare Party (UCID) and the Peace, Unity, and Development Party (Kulmiye) were the most popular during the 2002 Municipal Elections and remain the only legal parties in the country. This policy was initially designed to minimize clan and religious influences within the parties and had been contentiously debated during the 2000–2001 creation of the country’s constitution.
While the political parties operate within a largely transparent democracy, a constitutional limitation stymies political accountability and competition. Somalis cite numerous challenges to democracy within the political parties, including an absence of competition for party chairmanship and presidential candidacies and the lack of grass-roots influence within policy and decision-making processes (SomalilandPress 2011d). To its benefit, the government has begun a process to open the democratic sphere. President Sillanyo explicitly pledged support for the creation of new political parties during his 2010 Presidential Campaign and subsequently created a committee to investigate the population’s willingness to expand the number of parties. Comprised of government officials; academics; religious scholars; traditional leaders; business owners; and civil society activists, this committee of nineteen traveled across Somaliland to gauge support. On 16 June 2011, President Sillanyo’s political task force recommended, “after conducting 1769 surveys from all the regions of the country, the committee found that the majority of Somaliland citizens are in favor of opening the political parties” (SLTimes 2011). The new parties should be subjected to the same preconditions that were used to select the initial three in 2000, including a 20 percent voter approval in all six regions of Somaliland to receive formal recognition. This rule facilitates broad-based support of each party and removes significant clan affiliations from the political process.
Pledge to uphold women’s rights
Women occupy a tenuous position in Somaliland’s patriarchal culture. As a result of their dual clan status, women are not fully included within the country’s political discourse. While they are allowed to vote, women are severely under-represented in Somaliland’s government: there are only three women in the 164 people Parliament and three on President Sillanyo’s 26 person Cabinet (US Department of State 2011). Women are also denied equal education opportunities in Somaliland. In 2006, 46.3 percent of male children attended primary school compared to only 33.3 percent of female children (UNDP 2010). Women have become primary breadwinners in many families by actively engaging in the informal economy, thus it is imperative that they are given equal access to education, political and legal rights.
Recognize the role of the press
Somaliland’s press operates autonomously despite occasional government harassment. The newspaper industry is the media’s most liberalized outlet with its three newspapers (SomalilandTimes, Haatuf, and Jamhuuriya) carrying out the most independent, balanced, and critical reporting. The government owns Radio Hargeisa (the only permitted public domestic station) and Somaliland National TV (one of two permitted stations) (BBC 2011a). Journalists have occasionally been arrested, prosecuted and jailed for minor crimes. In August 2009, the editor in chief of the Berberanews website was convicted of a “crime against the Somaliland nation” and sentenced to three years in prison (Freedom House 2010). The managing director of Radio Horyaal was arrested twice in the span of three months last year for investigating a Cabinet negotiation with clan elders over a land dispute (Freedom House 2010). On 31 March 2011, Reporters Without Borders reported that two journalists were confronted by military officers for issuing defamatory reports against the government: Mohamed Abdinur Hashi of Somali Channel TV was arrested while Mohamed Shaqale of Universal TV managed to avoid arrest and was wanted by the military (UKAid 2011). On 6 July 2011, security forces arrested Mohamed Abdi, editor of the Jamhuuriya newspaper, for publishing a report on construction costs in the Hargeisa city budget. (SomalilandPress 2011c). Somaliland must liberalize radio and television airwaves and commit to honoring the press’ responsibilities and legal rights.
Eliminate the Security Committees
Security Committees operate unconstitutionally and with impunity throughout Somaliland. An institutional legacy from the Barre era, these committees consist of government officials and security officers who order arbitrary and unjust detentions to common criminals. The committees have no foundation in the law and the US State Department reports that over 300 prisoners have been unlawfully detained, tried, and sentenced by the Security Committees (US Department of State 2011). The constitution must be amended to explicitly forbid these committees, not only to respect all inalienable human rights but also to restore the balance of power between the executive and the judiciary.
[su_button url=”https://saxafimedia.com/a-pocket-of-stability-understanding-somaliland/10/” style=”soft” size=”12″ wide=”yes” center=”yes” text_shadow=”0px 0px 0px #FFFFFF” rel=”lightbox”]CONTINUE READING ON THE NEXT PAGE >[/su_button]
