Somaliland: Facing The Challenges Of Free And Fair Elections

The 2009 Annual Conference titled, “Somaliland Facing the Challenges of free and Fair Elections”, provided a useful forum to take stock of developments around Somaliland’s democracy within the previous year. It allowed discussions about Somaliland’s democratization process, the challenges of free and fair elections, and newly emerging issues. 

In the wake of the political crisis of September 2009 and in the interregnum before new elections could be held, there was an opportunity to review the process of democratization in Somaliland, to consider what had worked and what needed to be done to re-energize it. In November 2009 the Social Research and Development Institute (SORADI) sponsored a conference that brought key stakeholders together to debate the issues. A number of papers were commissioned for the conference and formed the basis of the discussions. Those papers have been reworked and edited and brought together for this publication.

The intention had been to produce this publication before the presidential election, in order to assist the NEC and other stakeholders in the difficult task of ensuring the election would be free and fair and above all peaceful. The pessimistic tone of some of the articles reflect some of the anxieties that existed at the time they were written, following a series of postponed elections, and controversies over the NEC and the constitutionality of the extensions of the presidential and House of Elders terms of office. Fortunately, the election took place peacefully and has been acclaimed to be relatively free and fair.

Somaliland: Facing The Challenges Of Free And Fair Elections

13 November 2010

Authors:

Abdi Ahmed Nour, Dr. Adan Yusuf Abokor, Amina Mohamoud Warsame (Milgo), Dr. Axel Harneit-Sievers, Haroon Ahmed Yusuf, Mohamed Farah Hersi, Dr. Mohamed Osman Fadal, Sadia Musse Ahmed, Shukri Haji Ismail Bandere, Dr. Steve Kibble & Suad Ibrahim Abdi.

SORADI

The Social Research and Development Institute (SORADI) is an independent social research and development institute, which is aiming at fostering culture of democracy and sustainable development in Somaliland and in the Horn of Africa Region. SORADI’s mission is to carry out activities that promote democratization and socioeconomic development in Somaliland and in the Horn-East African region. The institute undertakes development research and analysis to contribute to the attainment of sustainable peace, security, democratization, and development of Somaliland and the Horn of Arica region. Its efforts will lead to collaboration between the academia and local research and development institutions, government entities, NGOs and the private sector, the diaspora, and international policy and development agents to also facilitate the transfer of knowledge to foster democratization and economic development integration of the region. SORADI sponsors the Independent Scholars Group in Somaliland (ISG), to promote policy debate and dialogue through objective analysis of the most pressing political, social and economic issues facing Somaliland and the preparation of a monthly position paper distributed widely and published on www.Soradi.org.

HBF

The Heinrich Boll Stiftung/Foundation (HBF) is the Green Political Foundation, affiliated to the “Greens / Alliance ‘90’ political party represented in Germany’s federal parliament. Headquartered in Berlin and with offices in more than 25 different countries, HBF conducts and supports civic educational activities and projects worldwide.  HBF stands as a green think tank and international policy network, working with governmental and nongovernmental actors focusing on gender equity, sustainable development, democracy, and human rights. HBF’s Regional Office for East and Horn of Africa operated in Nairobi Kenya since 2001.

Acknowledgments

As the Director of the Social Research and Development Institute (SORADI), which organized this Conference, I would like to express our deep appreciation for the financial and professional support we received from the Heinrich Paul Foundation to realize the Conference “Somaliland Challenges of Free and Fair Election” and the collegial relationship we developed with all the staff who worked with us.  We are especially indebted to Axel Hariet-Siefers, not only for the commitment to finance the Conference but also to fully participation in the three-day discussions, to contribute as one of the authors the valuable of Kenya’s bloody election experience, and to have found the time to read and provide valuable insights during the editing stages. We are very grateful to Carol Lintari as our direct Counterpart from HBF, who was part of the Conference process from its formulation, have supported it through to its realization, and who continued to be fully engaged to bring the final publication of the Conference product document to fruition. I would like also to fully acknowledge and thank our friend Mark Bradbury for editing the papers presented in the Conference and bringing them to shape to be published as a book. Our thanks also goes to the authors of the conference papers, who addressed current issues some of which are still part of an ongoing debate and without their contribution, this book would have been wanting. Finally, we would also like to appreciate the role of different groups of people who made it possible to hold the conference, and last but not least the participants who enriched the presentations and whose ideas have been integrated into this book as the final product of the Conference.

Dr. Mohamed Fadal Director of SORADI

Table of Contents

Introduction

Part One:

Somaliland’s Political Culture: Challenges to democracy

Kenya’s Post-election Conflict: Some Lessons for Somaliland

Somaliland Elections: A Growing Ownership and Experience

Part Two:

Organizing Elections in Somaliland

Civic and Voter Education

Free and Fair Elections and the Role of International Civil Society Observers

Swimming Against the Current: A Women’s Experience in running for the First Somaliland Parliament Elections in 2005

Part Three:

Local Council Elections:  Somaliland’s Experience

Traditional Institutions in modern governance: the House of Elders

An Analysis of the Constitutional Court of Somaliland

About the Authors

LISTS OF ACRONYMS AND ABBREVIATIONS

Introduction

Since declaring independence from Somalia in May 1991, the people of Somaliland have sought to build a new state by charting a path to a competitive and democratic political system. Establishing a democratic government had been an aim of the Somali National Movement (SNM) when it fought the Siyad Barre government in the 1980s and first Somaliland government in 1991 was tasked with drafting a constitution and preparing the country for elections within two years. It took another ten years for a constitution to be drafted and approved by a plebiscite in 2001. Since 2002, however, all of Somaliland’s key political institutions – district councils, the presidency, and Parliament itself – have been subjected to popular vote.

The successful staging of multiple elections since 2002 is not only significant for the people of Somaliland in their endeavors to establish a democratic state, but also has important implications for the political entity (or entities) that will someday emerge from the wreckage of the Somali state, and for the region in general. The introduction of universal suffrage and the creation of political parties that are not based on clans marks a significant attempt to move away from kinship-based politics. The election of district councils helped to consolidate Somaliland as a territorially-defined political entity, with all the regions within its borders having elected representatives in government. The election of parliament in 2005 established the potential for representative and accountable politics and a more equitable balance of political authority.

The second cycle of democratic elections for district councils and the presidency became more difficult to realize. When presidential elections scheduled for April 2008 were repeatedly postponed, due to a problematic voter registration process, an incompetent National Election Commission (NEC), and intransigence among the political parties, the president’s term of office was repeatedly extended by the Upper House of Elders (the Guurti). Democratization in Somaliland appeared to be stalling. As political tensions spilled over into violent street protests in September 2009, Somaliland faced its most severe political challenge since the civil war of 1994-1996. The country was prevented from slipping into further political violence by the actions of Somaliland citizens themselves and the diplomatic intervention by regional and international governments. An agreement was drawn between the parties that allowed for a new NEC to be formed and a new timetable for elections to be negotiated.

On June 2010, a second presidential election was successfully held. A peaceful transfer of power, from the incumbent president Dahir Rayale Kahin and his UDUB party to the newly elected President Mohamed Ahmed ‘Sillanyo’ and his Kulmiye party took place in mid-July 2010.

Reviewing the Democratization Process

In the wake of the political crisis of September 2009 and in the interregnum before new elections could be held, there was an opportunity to review the process of democratization in Somaliland, to consider what had worked and what needed to be done to re-energize it. In November 2009 the Social Research and Development Institute (SORADI) sponsored a conference that brought key stakeholders together to debate the issues. A number of papers were commissioned for the conference and formed the basis of the discussions. Those papers have been reworked and edited and brought together for this publication.

The intention had been to produce this publication before the presidential election, in order to assist the NEC and other stakeholders in the difficult task of ensuring the election would be free and fair and above all peaceful. The pessimistic tone of some of the articles reflect some of the anxieties that existed at the time they were written, following a series of postponed elections, and controversies over the NEC and the constitutionality of the extensions of the presidential and House of Elders terms of office. Fortunately, the election took place peacefully and has been acclaimed to be relatively free and fair.

Conference Recommendations

In addition to the papers presented here, the conference participants produced a number of actionable recommendations, some of which are highlighted here.

Constitutional Review

The conference participants identified several articles in the constitution which need to be revised to bring the constitution in line with Somaliland’s maturing political culture:

First, constitutional article 83 has been used three times in the last two years to extend the president’s term of office and postpone the election dates. Without passing judgment on the constitutionality of the actions of the House of Elders, it clearly caused tremendous furor and controversy among the Somaliland public and political elite and therefore it needs to be clarified and perhaps strictly applied only in undisputed “Forza Majora” situations.

Second, Article 9, which limits the number of political parties to three, is based on a fear that people in Somaliland will form too many clan-based political parties that in turn will result in the fragmentation of society. But, there is a strong argument that the article infringes citizens’ rights of political association and in practice, many aspirants for national office feel constrained by the law. There is a growing opposition to the barring of ‘independents’ from running for political office. The Somaliland people have demonstrated their political maturity and therefore, need to get rid of the fear-based provisions in their constitution. This article should be reviewed and ways found to address the potential of clan-based parties, without contradicting other fundamental principles of the constitution.

Third, Article 58 on the election of members of the Upper House of Elder’s needs to be applied or amended to establish the modality of change to the membership of the House. The conference participants were wary of directly elected Upper House and recommended a selection process.

Electoral Laws

The conference participants discussed the need to integrate existing electoral laws and codes of conducts and to adjust them to the changing circumstances in Somaliland. Most of these laws were made under intense time pressure and need to be enriched with the experience of a decade of democratization.

Similarly, the system for electing the Parliament and district councils needs to be improved and, if possible, harmonized. The election of district councils is based on a party list and First-Past-the-Post system, whereas parliamentary elections use a Proportional Party-list system. In the former, voters select a political association^[1]which field a list of candidates in each district. A candidate’s chance of winning depended on the number of votes gained by the association and their position on the list. For the Parliamentary elections, the parties fielded a list of candidates that people voted for. Their chance of winning depended on the number of votes gained and not on their position in the list.

Voter Registration

Voter registration for the presidential election was a highly controversial process. The strengths and weakness of the process and it use in the recent election needs to be reviewed before the next elections.

Institutionalizing Democracy

In 2009 the capacity of the NEC had been an issue of particular concern for the Somaliland people, as well as their regional and international friends, following the chaotic voter registration exercise and its erratic handling of the election process, which had perpetuated the political crisis for two years. Since the new NEC was installed in October 2009 many of the critical problems have been addressed, including strengthening its organizational structure; establishing effective working partnerships with key political actors, such as political parties, the government, civil society, and the international community; working with the two legislatures to address legal issues arising from the elections as well as amending existing laws to improve their efficacy; setting an election date, accepted by all stakeholders; and establishing their independence and impartiality as mandated.

The conference participants proposed further concrete steps should be taken to ensure effective and sustainable democratic institutions. Their proposals included:

• Allocate adequate financial resources to the NEC to allow it to operate and manage elections independently of the executive, legislature, and political parties.
• Similarly, an effective and independent judicial system, including the Supreme or Constitutional Court, needs to be adequately resourced. To be independent and effective the Judiciary needs to have an adequate income, pension, and tenure security,
• Likewise, the Auditor General, the Accountant General, the Civil Service Commission, and the Governor of the Central Bank need to be independent bodies in order to maintain the integrity of the public service.

Looking Forward

The successful presidential election in June 2010 and the peaceful transfer of power stand out as a remarkable achievement for a small country with few resources and by the standards of many other African and Middle Eastern countries. For the people in Somaliland, it represents a major step forward in the democratization process. Nevertheless, with other elections pending for district councils, for the Lower House of parliament and potentially for the Upper House of Elders we must not be complacent. We believe that the ideas and messages encapsulated in the articles in this book are useful contributions to our continuing collective efforts to build a democratic state in Somaliland.

Mohamed Osman Fadal

Director, SORADI

NOTES

[1] Some 8 political associations contested the first district council elections in 2002. The three with the most votes became accredited national political parties.

About the Authors

Abdi Ahmed Nour, is a Training Officer for The Forum for Peace and Governance (FOPAG), a member of the Somaliland Independent Scholars Group (ISG) and a Board Member of the Academy for Peace and Development (APD). He was formerly a Lecturer on World history in Somali National University (1987-1990), a member of the Somaliland House of Elders (1993-1997), a Civic education trainer for the Life and Peace Institute (1998-2001), and a lecturer in Conflict Resolution at the University Of Hargeysa (2002-2007).

Dr Adan Yusuf Abokor is the Progressio Somaliland Country Representative. Progressio is a technical assistance organization which supports civil society organizations in the areas of participation & governance, HIV and AIDS and sustainable environment. Dr. Adan was the counterpart for the coordination of IEOs for Somaliland parliamentary and presidential elections.

Amina Mohamoud Warsame (Milgo) is currently the Coordinator of Golis Organization for Saving the Environment. Ms. Warsame founded the Somaliland Women’s Research and Action Group (SOWRA G). She was also among the founders of Nagaad Women’s Umbrella Organization where she served as its executive director from February 2005July 2010 Amina was among the first seven women to run for Somaliland’s Lower House of parliament in 2005. She is an active member of the women’s movement in Somaliland and is a strong advocate for women’s rights and the environment.

Dr. Axel Harneit-Sievers is the director of the Heinrich Böll Foundation’s (HBF) Regional Office for East & Horn of Africa, based in Nairobi, Kenya. Born in 1957, he is a historian and political scientist specializing in African studies. He worked with various universities and research institutions in Germany, before moving to Lagos, in 2002, as director of HBF’s newly-founded Nigeria country office. In December 2006, he took over HBF’s regional office in Nairobi.

Haroon Ahmed Yusuf is an Associate Researcher with Social Research & Development Institute (SORADI), as well as, an independent Consultant. He has over twenty years of experience in designing and managing development programs in Somalia and Somaliland in pastoralist livelihoods, peacebuilding, governance and institutional development. He holds a degree in Agricultural Sciences from Washington State University and held senior positions in international NGOs for many years, including ActionAid.

Mohamed Farah Hersi is a lawyer and human rights researcher. He holds an LL.B (Bachelor of Laws) from the University of Hargeisa in Somaliland, an LL.M (Master of Laws) from the University of Pretoria in South Africa, and is currently a researcher at the Academy for Peace and Development

Dr. Mohamed Osman Fadal is the Director of Social Research and Development Institute (SORADI) and the coordinator of the Independent Scholars Group in Somaliland. He holds a PhD in Political Economy. He is a specialist in participatory research and post-conflict recovery programming, public policy and institutional development, especially in the contexts of Somaliland and Sudan.

Sadia Musse Ahmed, Country Representative of PENHA Somaliland/Somalia, with Msc in Social Anthropology and with extensive experience on environment, livelihoods and gender. Sadia is also involved for more than twenty years in civil society work in the Horn of Africa Region.

Shukri Haji Bandere, is the Director of the NGO Candlelight since it was founded in 1995. She served as an Election Commissioner in Somaliland 2001-2007, is an active member of the Somaliland Independent Scholars Group and other civic organizations such as NAGAAD. She is trained in midwifery profession and majored in Business/Hotel Management.

Dr. Steve Kibble is the Progressio policy and advocacy coordinator for Africa, Middle East & Asia (AMEA) region. Currently, he is committed and strongly advocate for Somaliland as a member of the Somaliland Focus (UK). He also played an important role in the joint coordinating team of IEOs during the Somaliland parliamentary and presidential elections.

Suad Ibrahim Abdi is a senior researcher with the Academy for Peace and Development where she has worked since 1997. She is a specialist in participatory research with a particular focus on women empowerment issues and local government in Somaliland. She has been the Chair of the Board of Directors of NAGAAD and now is an active member of the Independent Scholars Group. She holds a law degree.