The Commission for the Registration of Political Associations and Certification of Political Parties (the Commission) has concluded the first phase of registering new political associations. Fifteen aspirants have submitted applications. The Commission granted temporary certification permitting them to operate in the country during the screening process, where they are required to hold general assemblies, elect leaders and central councils. Moreover, each party shall have at least one thousand registered voters in each region. After this process, the Commission will issue the final list of associations.

 This brief looks at the nature of the new political associations and how they are different, or not, from the existing three political parties, which are often accused of being one person show with no internal democracy and clear political agenda.

Background

Exactly twenty years ago, Somaliland conducted 2002, the first one person one vote election since it declared the restoration of independence in 1991.[1] After the approval of a constitution in 2001,[2] Somalilanders lined up to vote for local councils for their districts on 15 December 2002.[3] Less than six months later, a presidential election was competed in 14 April 2003.[4] The then incumbent won by a narrow margin of fewer than three hundred votes. In November 2005, the first parliamentary election took place where 82 members of the lower house of the bicameral Parliament, the House of Representatives, were elected from all the six regions of Somaliland.[5] The opposition parties gained the majority of the House. The first cycle of Somaliland’s democratisation process was a success story.

The second phase of the election cycle, however, faced challenges. When the term of the local councils expired in 2007, their term was extended until 2012. President Dahir Rayale Kahin, who was elected in 2003 for five years term, stayed in power until the 2010 presidential election when he lost to the opposition contender, Ahmed Silanyo. The extensions received by President Rayale were controversial. The opposition took the streets, and the international community intervened to mediate the parties. In 2009, six points agreement was reached that paved the way for the 2010 elections.

The victory of the opposition leader, Ahmed Silanyo,[6] who long opposed extensions and delays of elections, has not solved the issue. Silanyo himself got extensions twice. His term expired in 2015, but the presidential election took place on 13 November 2017. The members of the House of Representatives who were elected in 2005 held on power up to May 2021. They exceeded their term of 11 years.[7] The House of Elders (Guurti) was never re-elected since 2003, when their term expired.

  Article 9 of the Constitution stipulates as follows:

1. The political system of the Republic of Somaliland shall be based on peace, co-operation, democracy and multi-party system.
2. The number of political parties in the Republic of Somaliland shall not exceed three (3).
3. A special law shall determine the procedures for the formation of a political party, but it is unlawful for any political party to be based on regionalism or clannism.[8]

The article in the first paragraph permits a multi-party system and restricts them only to three in paragraph two. Nevertheless, the constitution was the starting point for a multi-party-political system that replaced the clan-based selections of leaders.

A closer look at the new political associations

The new temporary political associations that are currently undergoing the screening process seem to replicate the process and structure of the existing three political parties. In the announcement of these political associations, it is always led by one politician, and it shows no inclusivity in terms of citizen participation and democracy. The billboards and banners indicated only one politician rather than an association of citizens as required by the law. It is therefore of great concern that the process so far indicates the status quo unless the Commission insists on real changes.

Most of the new political associations represent the old guards and manifest little inclusivity. Although there are more women in leadership positions compared to the three parties. The one person that dominates these new associations might undermine inclusivity and can lead to the exclusion of women and youth when general assemblies are held in the coming weeks as scheduled by the Commission. The structures of the association are the same and replicate the existing three parties. One person, the chairperson, dominates the organisation’s leadership and decision-making.  

The positive aspect is that there is one women-led association and associations representing the eastern and western parties of the country, areas that are currently politically marginalised. However, the experience and precedence in the registration of new political associations (2002 and 2012) demonstrate that the number of political associations will shrink significantly after the second phase, and many will be eliminated from the list. The upcoming phase is costly and requires more money, which is not in favour of small associations with no strong financial backing.

The majority of the newly declared associations split from the ruling party. These include a heavy-weight former minister of the presidency, Mohamoud Hashi Abdi, who unsuccessfully aspired to lead the ruling party, academic Ahmed Ismail Samatar, Abdirisak Atash, who was a minister before he resigned to form a political association, and Salebaan Haglo-toosiye, a former minister.

A DIRECT ELECTION OF THE NEW POLITICAL ASSOCIATION.

After the Committee ensures the political associations that have met the requirements set by Law No. 14/2011, they will announce the final list of the political associations that are ready to participate in the elections, and will submit to the National Electoral Commission, which will conduct a direct election of the newly registered political associations and the current national three political parties.

According to the decision of the Supreme Court, the public will directly vote for the new political associations and the current national political parties. As the article 6^th of Law No. 14/2011[9] stating, the three political associations/parties that receive 20% of the votes in each region, or the parties with the highest percentage of votes, in the regions of the country, will be certified as the new nation political parties for the coming 10 years. if two parties/associations have the same percentage in the regions, they will be ranked according to the number of votes they received nationwide.

How about the technical possibilities of combined elections

In principle, The Somaliland’s general election law (Law No. 91/2020), allow of holding two or more elections at once.[10] If the three political parties agreed to hold the presidential election and the direct election of the new political associations at one time, technically, the voters will vote both the presidential  candidates, and the registered political associations/parties at one time, in a two separate voting papers with different colours, as the article 102 (3) of the Law No. 91/2020 requires.

The NEC will count the result of votes separately. As the article 83 of the constitution requires, the presidential candidates who receives the highest number of votes in the country will be announces as the winner. For the direct election of the new political associations/parties, the three political associations/parties that receives 20% of the votes in each region, or the parties/associations with the highest percentage of votes, in the regions of the country, will be certified as the new nation political parties for the coming 10 years. if two parties/associations have the same percentage in the regions, they will be ranked according to the number of votes they received nationwide, as the article 6^th of Law No. 14/2011 is stating.

A president without a party: What about if the party of the elected president loses the direct election of the political associations/parties?

Since the public are voting one time in to two separate voting papers, both the presidential candidates and the contesting political associations/parties, it is possible that the voters elect a president that his party loses the direct election of the political associations/parties. Article 24(3) of the Law No. 14/2011 is clearly mentioning that the elected president has to choose either to complete his term without joining a party, or he has the right to join one of the three national parties.

Recommendations

The Commission is still in a stage to demand changes and require the associations to become more democratic with clear programs and political agendas. This to happen, the Commissions shall prioritise the quality and the rule of law over the procedure to avoid politicisation and replication. The Centre for Policy Analysis makes the following recommendations:

1. Inclusive politics and democratic values: make mandatory the associations to be inclusive and to exercise truly democratic values. In this regard, the powers of individuals who act as the founders and owners shall be eliminated, and the members shall have equal voting powers. In this context, the Commission shall supervise how leaders are elected and members votes.
2. Clear guidelines and regulations: the Commission currently lacks clear guidelines and regulations concerning the process but also how it intends to regulate the associations/parties. Therefore, the Commission shall first create through inclusive consultation guidelines and regulations. The absence of guidelines grants the Commission discretionary powers and undermines transparency concerning how the Commission makes decisions and on what grounds.
3. Financial transparency: chief among the ills of Somaliland political parties is the financing which is shrouded by lack of transparency. The Commission shall have regulations that govern how and who finances associations/parties with transparency and publicly sharing information on financers and how much is spent and where.
4. The Direct Election Law: Although the Supreme Court ruled that election of the associations/parties should be direct election, but still it is required to amend the current election laws and included the direct election of the associations/parties. The House of the Representatives should amend and issue an election law that can clearly stating how the direct election should be conducted.
5. Observation: The CSOs have a responsibility to oversee and observe the pre-election period to make sure that the inclusivity of the new political associations, particularly to make sure that the voices of women and youth are included the highest positions.

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[1] Somaliland declared the restoration of independence from Somalia in May 1991. On 26 June 1960 Somaliland gained independence from the UK and joined a union with Somalia five days later on 1 July 1960. After a decade long civil war against the military regime of Somalia, Somaliland unilaterally announced that it is no longer part of the union. So far, no country recognizes Somaliland as an independent country, although it fulfils the criteria of statehood.

[2] NITIATIVE NITIATIVE & REFERENDUM EFERENDUM INSTITUTE, Somaliland National Referendum May 31, 2001, Final Report of the Initiative & Referendum Institute’s Election Monitoring Team Issued on July 27, 2001

[3] Final Report of the European Union/GTZ, Contract No: 169-EDF-IR14-02, December 2002

[4] Report on the South African Mission on the Somaliland Presidential Elections

[5] Ragnhild Hollekim, Stig Jarle Hansen and Geir Moe Sørensen, SOMALILAND: ELECTIONS FOR THE LOWER HOUSE OF PARLIAMENT SEPTEMBER 2005, NORDEM Report 03/2006

[6] Ahmed Mohamed Mohamoud, also known as Silanyo, won the election defeating the then incumbent. See, https://www.interpeace.org/2010/07/first-ever-successful-democratic-transition-in-the-horn-of-africa/

[7] https://reliefweb.int/report/somalia/somaliland-s-fragile-democracy-faces-more-election-delays

[8] Somaliland constitution, 2001: art. 9

[9] Wax-Ka-Bedelka-iyo-Kaabista-Xeerka-Nidaamka-Ururada-iyo-Axsaabta-Siyaasadda-Xeer-Lr.-14-2011.pdf (garyaqaankaguud.com)

[10] According to the Article 6th (3), of the General Election Law (Law No. 91/2020), the National Electoral Commission (NEC) has the authority to hold one or more elections in one time http://garyaqaankaguud.com/wp-content/uploads/2020/10/Xeerka-Guud-ee-Doorashooyinka-iyo-Diiwaangelinta-Codbixiyayaasha-Xeer-Lr.-91-2020.pdf