Somaliland´s Constitutional Argument
Abdulazez Al-Motairi
April 02, 2009
On May 31, 2001 the people of Somaliland went to their poles to vote in their very first national election. The election was held to ratify their new constitution – a constitution that was drafted to formally withdraw from their union with Somalia on 1st July 1960. Somaliland´s second leader the late Mohamed Ibrahim Egal led the voting initiative.
It is generally accepted that the Somaliland Referendum election reflected a "Yes" vote in favor of independence from the rest of Somalia – Former Italian Somalia. Somaliland, like Eritrea, announced independence in 1991, on the basis that it was not seeking "secession", but wanted to revert to the independence status it had briefly enjoyed for four days in 1960. Unfortunately, and unlike Eritrea, it had no blessing from a central authority to go its own way like Ethiopia. Central Government of Ethiopia granted independence to Asmara administration immediately.
97% of the people of Somaliland voted for "Yes" to independence under international election observers.
As it happens in many democratic countries, the new constitution has gaps that need to be fixed through legal processing or by legitimate body. The Somaliland Constitution got similar fissure and gaps that created current political confusion mainly over the election timetable, and authorized body to extend the tenure of the president. However, that does not damage the stability and progress in Somaliland, because every problem is solved via traditional manner. Somaliland people are famous of tolerance and respecting each other´s ideas, which is centuries´ old culture.
Moreover, the constitutional confusion includes legality of forming new political parties. The government insists that only the current three political parties are officially authorized ones, and some of politicians in Somaliland demand permission to establish new parties. Every group – the government and other politicians – claims to be following the constitution. Here is the confusion, which is right? Does the constitution is wrong? The answer is that constitution needs to be rephrased and amended just like many new constitutions of democracies around the world including USA.
Another gap in Somaliland constitution is, the election timetable and whose is authorized to extend era of the government if election delays? Recently, Upper House of Parliament (Guurti House) extended the tenure of current President Dahir Riyale Kahin to another six months.
Here are many constitutional questions, are the Guurti authorized body to extend the era of Kahin? Are they neutral in the politics? And why the opposition parties protested against the decision of Guurti? All these need answers, and can be achieved if the constitution amended.
Also, the role of Somaliland´s National Election Commission (NEC) is another factor to be examined, because of the continuous unjustified delays of the elections, without having proper reasons. It is obvious that NEC introduced new biometric voting technology, which is rare in Africa, but that does not justify more than single postponement of election.
Supporters of ruling party UDUB argue that Guurti House is, the only, authorized body to extend the tenure of the administration during emergency situations, and election is not possible.
However, the opposition Kulmiya and UCID parties remonstrated against the decision of Guurti, and even expressed concern over the neutrality of the Guurti House. Unfortunately, both sides – the opposition and ruling party – are using unofficial statements against each other, which can humiliate the image of Somaliland internationally. But democracy, freedom of expression, equality and liberty is bases of the modern State of Somaliland.
The last election results of Somaliland Parliament put the opposition parties higher than ruling party, which shows growing support to the opposition. The opposition parties rule the parliament with majority of 63%. The Parliament Speaker Abdurrahman Cirro is from UCID Party and the opposition is very much confident to win in next presidential election.
Overall these arguments, neither ruling party nor opposition parties are willing to disturb the stability of the country, because they will lose public support if they do that. The people of Somaliland are very much into protecting the peace and development and won´t allow chaos in their own hometowns, in addition to their commitment towards open democracy.
All in all, the current situation in Somaliland is part of the healthy democracy and campaign, and will not lead to instability in the region instead will promote transparency and freedom of expression. Today, the campaign in Somaliland is catching the heat, and rivals are accusing each other to win public support.
The enemies of Somaliland believe the current heated campaign will be the beginning of civil war in Somaliland, but always Somaliland people prove them wrong. The truth will prevail, and always Somalilanders win.
To the people of Somaliland:
You have paid precious prizes to create today´s democratic Somaliland, and you know that politicians are nothing but lairs, which promise today and fail tomorrow. You have common interest, to live in peace and stability; to establish strong and brilliant future for your children; to elect the right man to lead you through the challenges of life.
Your injuries from the freedom fighting did not heal completely yet; there are thousands of children without fathers and mothers to look after; there are former freedom fighters in very street of Hargiesa, Burco, Berbera and Ceerigaabo who needs care and respect; there are a lot to do in state building, including establishing strong infrastructure and public services. My dear Somaliland friends elect the right man to guide you to the light of development.
I know, you all respect humanity and rights of every Somalilander. I know you are very much mature to understand your enemies other than friends. So, as friend of Somaliland, I appeal to you to encourage the law and order in every town and city, and stop those trying to take you back to chaos. You should protect the security because security starts in your neighborhood, and extends to country level.
We pray Allah, the almighty, to protect you.
By Abdulaziz Al-Mutairi
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