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somaliland's constitutional argument
Republic of Somaliland – Africa’s best democracy – drafted a
constitution after independence 26th June 1960, and was effectively
enforced after liberation of Somaliland from dictatorship of Somalia
18th May 1991. By: Abdulaziz Al-Mutairi
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 is-dhexyaac 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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