Somaliland National Referendum May 31, 2001 Final Report of the Initiative & Referendum Institute’s Election Monitoring Team Issued on July 27, 2001 Sponsored by IRI INITIATIVE & REFERENDUM INSTITUTE Citizen Lawmaker Press Washington, D.C. Table of Contents I. Introduction 1 II. The IRI Delegation 3 III. Brief overview of Somaliland History and People 7 IV. Analysis of the Election Procedures 13 V. Analysis of Efforts to Educate the Citizens of 17 Somaliland about the Referendum and Constitution VI. Individual Observer Reports from the Regional 23 Polling and Ballot Counting Stations VII. Conclusion 55 VIII. Appendix A. The Revised Constitution of the Republic of Somaliland iii B. The Law of the Referendum on the Constitution of the xlix Republic of Somaliland C. Map of Somaliland lxiv D. May 30, 2001 Press Release from IRI lxvii E. June 7, 2001 Statement of the IRI Observation Team lxix F. The Initiative & Referendum Institute lxxi G. Decision of the Somaliland Supreme Court certifying the lxxiii Election results H. Table of Certified Results for May 31, 2001 Referendum lxxv Acknowledgements This report would not have been possible without the selfless support of the wonderful individuals of the Institute’s Election Monitoring Team. The team, comprised of Sasha Bruce, David Byrd, Derek Cressman, Scott Kohlhaas, David McCuan, Alexander Mundt, Allison Puranik, Stacie Rumenap, Adrian Schmid and Dennis Polhill, gave freely of their time in order to participate in this historic election. I would like to additionally thank David Byrd and Stacie Rumenap who spent countless hours helping prepare this final report. It is the work of people like these who help foster democracy and who make the world a better place to live. I am honored to have these individuals representing the Institute on the world stage and look forward to working with them again on future projects. I would also like to thank the Somaliland Government and the Somaliland People. Even though we as an organization do not take a position on their efforts to gain international recognition, I do appreciate the hospitality they showed the Institute’s team members while in Somaliland. M. Dane Waters President Initiative & Referendum Institute I. Introduction The Initiative and Referendum Institute (the Institute), an international non-profit organization based in Washington, D.C., observed the May 31, 2001 referendum in Somaliland, which unilaterally declared independence from Somalia in 1991. The borders of the country are the same as those of the British Protectorate of Somaliland that gained independence in 1960, when it united with the previously Italian Somalia later that same year. The referendum was called by the Parliament of Somaliland to ratify the constitution that was initially adopted in February 1997. At the invitation of the Somaliland government – with assistance from members of the Somaliland Diaspora organization known as the Somaliland Forum – the Institute observed the pre-polling, polling, ballot counting, and related political activities from May 28th to June 7th 2001. The ten-person Institute delegation consisted of eight delegates from the United States, one from Britain and one from Switzerland. The delegation leader in Washington was Dane Waters, president and founder of the Institute, and the delegation leader in Somaliland was Dennis Polhill, chairman of the board. The Somaliland National Referendum Committee and the Somaliland Forum briefed the Institute delegation about election procedures, the constitution, and the background and history of the referendum. Upon arriving in Somaliland, the Institute delegation met and coordinated observation activities with a group of observers from South Africa. The Institute delegation observed 57 different polling stations in five of Somaliland’s six regions. It is important to note the limitations of this report. With 600 polling stations in Somaliland, the Institute delegation made their best effort to get a truly representative sampling with only ten observers. In addition, the Somaliland government provided all transportation and translators. Although the observers generally agreed that genuine and sincere efforts were made to give us access to the polling stations the Institute wished to observe, and that our guides seemed to be giving us honest and accurate translations and explanations of events, our observations were nonetheless restricted by the circumstances. The Institute chose not to send any observers to the Sool region, which borders the breakaway Puntland region that is attempting to achieve an autonomous status within Somalia (Puntland claims some areas of Sool and Sanaag as part of its territory). The Sool region was considered to be the most volatile region of Somaliland with opposition to the referendum, and the most isolated and farthest away from the safety of the capital of Hargeisa. Similarly, in the Sanaag region where there was also some opposition, the Institute sent only one observer. Because of poor or non-existent transportation options, observers could not be sent to the more remote polling stations, which served many of the country’s nomadic and rural people. This report takes no position on Somaliland’s constitution, its independence, or its desire for international recognition. The job was simply to witness and view the referendum, and report on the conduct of the referendum, and whether and how it adhered to the legal procedures established for the referendum. To develop a fuller understanding of the country and people, the Institute delegation met together and individually with scores of government officials, including President Egal, members of the Somaliland National Referendum Committee, the Speaker of the Somaliland House of Representatives, representatives from the Ministry of Information and the Ministry of the Interior, the Foreign Minister, various cabinet 1 officials, the regional governors, and mayors. The delegation also met with business leaders, health community members, representatives of the local and international press, and members of non-governmental organizations providing international aid to Somaliland. The Institute delegation received an English translation of the constitution as well as primers on the history and economy of Somaliland. Most people in the central and western districts, which are dominated by the majority Isaaq clan, were passionately in favor of the referendum. A “Yes” vote to the constitution was widely perceived as an endorsement of Somaliland’s independence and a rejection of rule from Mogadishu and Somalia. There was also widespread common sentiment that a “Yes” vote would send a message to the world that Somaliland deserved to be recognized. There was, however, political opposition to the referendum in some areas. This limited opposition appeared to be based more on a rejection of the current administration than on a rejection of the notion of an independent Somaliland. In the Sool and Sanaag regions in the east, which are heavily populated by clans other than Isaaq, some do not recognize the independence of Somaliland from Somalia and continue to consider themselves part of a larger Somalia. While all members of the Institute delegation volunteered and donated their time for this two-week endeavor without compensation – many using their own vacation time – the Somaliland Forum paid for coach-class airfare from the United States and Europe, and paid for all food and lodging expenses while the delegation was in Somaliland. Again, it is important to reiterate that this report seeks to give an objective, analytical and critical commentary on the referendum and how it was administered, without supporting or opposing Somaliland’s move for independence, its quest for international recognition, or the content of its proposed constitution. 2 II. The Institute Delegation The Institute delegation sent to observe the constitutional referendum in Somaliland consisted of ten individuals with diverse backgrounds in both domestic and international politics, government, African affairs, the initiative and referendum process, human rights, journalism, education, law and economics. M. Dane Waters is the founder, president and co-chairman of the Initiative and Referendum Institute, a Washington, D.C.-based, non-profit educational and research organization dedicated to educating the people on the initiative and referendum process. An expert on the initiative and referendum process, Mr. Waters has lectured extensively throughout the world on governmental and electoral issues, and has advised foreign governments on the initiative and referendum process. Mr. Waters writes a monthly column on the initiative process for Campaigns & Elections magazine, and serves on the board of the Appleseed Foundation’s Electoral Reform Project, a joint effort between Harvard Law School and American University to improve American democracy through the reform of its electoral processes. He has a degree in political science from the University of Alabama at Birmingham. Mr. Waters coordinated the Institute delegation, and served as the delegation spokesperson during the referendum from Washington, D.C. Dennis Polhill is chairman of the board of directors of the Initiative and Referendum Institute. Mr. Polhill, who lives near Denver, Colorado, holds degrees in government administration, mathematics, and civil engineering from the University of Illinois and the University of Pittsburgh. Mr. Polhill has researched, written, and published extensively on the democratic