A Group of somaliland scolars recomended for free and fair election

By the time I have seen this artcle which I think could help our people to know where the problem lies in the legal and institutional prespective I have quated from a site which blongs to a group of somaliland scholars who held a conferenc and recomended this flowing.
what is worth noting is that its their original words from their site of named (www.soradi.org.
We thank them for their effort.




1.1. Constitutional and Legal Reform



Review of the constitution and amendments needed



All concerned parties must agree on the need for amendments before opening this issue. This is very important due to the constitutional powers that each organ of government enjoys regarding constitutional amendments e.g. 2/3 of both houses are needed together with public referendum for any amendment; Guurti, House of Representatives, the Executive Branch and Judiciary. Also intellectuals at a countrywide level and Civil Society debates must precede any suggestions for amendment. Any unilateral initiative for amendments must be avoided.



Articles that need amendments;



Article 9 (section 2) on the restriction of political parties. This article restricts political parties to three but does not provide how they are formed and or whether only first three parties will stay forever or not. This article seems to contradict and restrict other constitutional political rights and the law on political party regulations does not provide clear answer. No attempt on constitutional amendments can ignore this much contested article. Any such important legal instrument need not be so ambiguous.
Article 36: Is it a positive discrimination or an affirmative action for women? Section 1 of this article is sometimes argued by many to obstruct any quota for women in political assemblies e.g. Parliament and Local Councils. This article and especially section 2 requires the government to legislate a law on the rights of women. A quota for women in national and local assemblies can be added to that law and a passage on women’s political rights in assemblies can be amended to the constitution.
Article 83 section 5. This article is much debated and contested whenever the term of the president expires. The argument is on the conditions, which the constitutions limits to “security considerations” but repeatedly used for the simple reason that elections could not be held on time due to technical reasons. Even the Guurti did not stick on to their position and disagreed whether that same article can be used last time. This is a clear indication on the ambiguity of this article which needs precision. In addition, other organs of government must have their stake of power in the extension of the term of office of the Executive Branch e.g. the House of Representatives. Experience shows us how controversial it is for the Guurti alone to should such a huge responsibility.
Article 58 stipulates members of Guurti to be elected through elections. However, the constitution uses the word selection in article 62. The Guurti chamber represents our tradition power structure. It is meant to mirror and reflect our culture in terms of representation, power balances and a guarantee for the inclusion of minority clans and communities. Therefore, the Group deliberating on the conference recommendations on this issue suggested that the selection model be adopted for the Guurti instead of election to keep the hybrid system of government in Somaliland.


1.2. Harmonization of Election Laws;

· All electoral laws must be harmonized into one comprehensive Electoral Law. There are now various separate laws which govern the election processes.



1.3. Managing Four Elections in 2010

First: hold the Presidential Election

Second: Combine the elections of the House of Representatives and the Local Council to be held together at one time. However, the election law for the House of Representatives was temporary and meant to be used once. This law needs to be revisited and passed in time for the election to take place immediately after the presidential election.

Thirdly: Let the Guurti selection/election be agreed upon by key stakeholders and implemented not later than one year after the combined Parliamentary and the Local Council elections.



Section 2: Improved Access for Women in the Political Process

· Improve participation through: Incentives; Capacity building; Awareness raising

· To overcome cultural barriers through education and legislation

· Reform Law No 20 and aim for a quota system in the legislature houses. For the longer term. - 30% quota used by similar countries could be adopted.

· The Somaliland government as well as the civil society should pursue those goals.



Section 3: Conflict Resolution Mechanisms: Electoral and Political Conflicts

.3.1. The Constitutional Court, and other Judiciary branches:

Overcome lack of livelihood security and independence of the judges through financial independence and overcome inefficiency and lack of public trust through improved human resource quality:

a) Independent budget committed for several years under their full disposal

b) Fixed term of tenure for ten years or life;

c) Benefits for retired judges

d) Approval of nomination and dismissal in a transparent manner in accordance with clear established codes.

e) Appointment of qualified judges

f) Constant capacity building by the Government, the international partners and local civil society institutions – including national universities.



3.2. Alternative Conflict Resolution Mechanism

· Continue the use of Somaliland alternative conflict resolution initiatives and mechanisms, because they Are functional and successful

· Facilitate their mobilization through the social organizations, civil society and participation of all sectors of society

· A permanent alternative conflict resolution structure is not recommended?



Section 4: Sustaining Effective and Independent Democratic Institutions:




4.1. The Legislature

The House of Representatives

· Increase the number of parliament members (120 members) with gender balance subject to constitutional reform agreement.

· Financially independence- budget allocated and under its full disposal for four years

· Inner house transparency and accountability with clear internal house rules ( checks and balances)

· The House is provided technical expertise and capacity building and is furnished with well-equipped resource centers by Government and other supporting organizations.



The House of Elders - Guurti

· Reduce the number to 60 maximum, subject to constitutional reform agreement.

· Cultural house with specific powers( security, culture and religious affairs)

· Come by strong selection (criteria) from regional based systems, with gender balance

· Consultations between the two Houses of Parliament should start immediately so that relevant laws are passed for the selection of the members of the House of Elders.



4.2. The Executive Branch

· Reduction of number of ministries to rationalize resources and to ensure meaningful oversight of their performance

· Maintain lean but high quality and well paid public work force, with clear regulations for merit based and competitive culture for advancement.

· Strengthen institutions through legal empowerment, independence of mandate and with adequate financial and human resources.

· Secure independence for the Auditor General, the Accountant General, the Civil Service Commission and the Governor of the Central bank through (see above for same recommendation as Constitutional Court)



4.3. The National Electoral Commission

· Ensure adequate budget and its availability on a at least a year allocation

· Increase their number to 9 members to add a quota for 2 women (selected from the civil society through a nomination process and final voting system internally established by CS).

· Strengthen present criteria for selection; up the level of eligibility to a person of a recognized distinction in serving Somaliland, a university graduate and with proven skill and experience.

· Drop the age limit from the present criteria, but tighten the skill and experience required.

· Institutionalize the Commission and allow serving respected members to return.

· Develop a review process for individual members through legislature oversight and civil society poling.

· Provide Technical expertise from national and international sources.

· Mandate a yearly audit of institutional accounts and ensure individual accountability for wrong doing



4.4. The Political Parties and Associations

· Review law No. 14. The Parliament should enact a political party law similar to Kenya one to ensure political parties are engines of advancing democratization and not an impediment to it.

· Parties should be accountable to a national oversight body i.e. NEC, Judiciary or the legislative (Check Kenyan party law) and should register with such a body

· Political parties and candidates should have equal access to public funds through legalized allocations.

· Develop mechanisms promoting democracy within the party and its constituencies:

a) Details of the members of the elected Central and Executive Committees should be deposited with the oversight body;

b) It should be mandated to have a registered membership list;

c) The oversight body should ensure that milestones specified in the party constitution and bi-laws are observed such as the holding of scheduled congresses;

d) Political parties should have districts and rural community level structures in order to promote political participation at the grass-roots level and not only at the regional and capital city levels.



4.5. The Local Councils

· Review the laws for their the local Councils election system.

· Implement decentralization: separation of power between Central Government and Local government

· Have high degree of independence

· Mayer in major cities should be popularly elected

· Institutionalize local councils, through strong capacity building and provision technical experts and resource centers



Section 5: Civic and Voter Education



§ Educate the public to get informed citizens, fulfilling individual rights, and who are participating the political process meaningfully.

§ To educate the people, use the media through public concerts, through forums and public gatherings, through mobile forums and at community centers and mosques

§ For Voter Education, engage the people at least three months before election date.

§ The civic and voter education is the responsibility of the Government, the National Electoral Commission, the political parties and the Civil Society including: the media, the national universities, the professional bodies, the religious and traditional leaders, and other local NGOs.