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--Somaliland: Facing the Challenges of Free and Fair Elections-- 3 2 Somaliland: Facing the Challenges of Free and Fair Elections Social Research and Development Institute - SORA DI Hargeisa, Somaliland Tel: +52522-523320; Mobile: +2522-4475649 Email: [email protected]; Website: www.soradi.org Heinrich Böll Stift ung Regional Offi ce for East and Horn of Africa Forest Road P.O. Box 10799-00100, GPO, Nairobi, Kenya Tel: +254-20-2680745, 2613992, 2613997 Email: nairobi@hbfh a.com Web: www.boell.or.ke All rights reserved. No part of this book may be reproduced without writt en permission from the publisher, except for brief quotation in books and critical reviews. For information and permissions, write to Social Research and Development Institute or Heinrich Böll Stift ung. Opinions expressed are the responsibility of the individual authors and do not necessarily constitute the offi cial position of Social Research and Development Institute - SORA DI. Somaliland: Facing the Challenges of Free and Fair Elections Authors: Abdi Ahmed Nour, Dr. Adan Yusuf Abokor, Amina Mohamoud Warsame (Milgo), Dr. Axel Harneit-Sievers, Haroon Ahmed Yusuf, Mohamed Farah Hersi, Dr. Mohamed Osman Fadal, Sadia Musse Ahmed, Shukri Haji Bandere, Dr. Steve Kibble & Suad Ibrahim Abdi. Th e Social Research and Development Institute (SORA DI) is an independent social research and development institute, which is aiming at fostering culture of democracy and sustainable development in Somaliland and in the Horn of Africa Region. SORA DI’s mission is to carry out activities that promote the democratization and socio- economic development in Somaliland and in the Horn-East African region. Th e institute undertake development research and analysis contribute the att ainment of sustainable peace, security, democratization and development of Somaliland and the Horn of Arica region. Its eff orts will lead to collaboration between the academia and local research and development institutions, government entities, NGOs and the private sector, the diaspora and international policy and development agents to also facilitate transfer of knowledge to foster democratization and economic development integration of region. SORA DI sponsors the Independent Scholars Group in Somaliland (ISG), to promote policy debate and dialogue through objective analysis of the most pressing political, social and economic issues facing Somaliland and the preparation of a monthly position paper distributed widely and published on www.Soradi.org. Th e Heinrich Boll Stift ung / Foundation (HBF) is the Green Political Foundation, affi liated to the “Greens / Alliance ‘90’ political party represented in Germany’s federal parliament. Headquarterd in Berlin adn with offi ces in more than 25 diff erent countries, HBF conducts and supports civic educational activities and projects worldwide. HBF stands itsed as a green think tank and international policy network, working with governmental and non- governmental actors focussing in gender equity, sustainable development, democracy and human rights. HBF’s Regional Offi ce for East and Horn of Africa operated in Nairobi Kenya since 2001. 8 --Somaliland: Facing the Challenges of Free and Fair Elections-- Acknowledgements AS the Director of the Social Research and Development Institute (SORA DI), which organized this Conference, I would like to express our deep appreciation for the fi nancial and professional support we received from the Heinrich Paul Foundation to realize the Conference “Somaliland Challenges of Free and Fair Election” and the collegial relationship we developed with all the staff who worked with us. We are especially indebted to Axel Hariet-Siefers, not only for the commitment to fi nance the Conference, but also to fully participation in the three-day discussions, to contribute as one of authors the valuable of Kenya’s bloody election experience and to have found the time to read and provide valuable insights during the editing stages. We are very grateful to Carol Lintari as our direct Counterpart from HBF, who was part of the Conference process from its formulation, have supported it through to its realization and who continued to be fully engaged to bring the fi nal publication of the Conference product document to fruition. I would like also to fully acknowledge and thank our friend Mark Bradbury for editing the papers presented in the Conference and to bring them to shape to be published as a book. Our thanks also goes to the authors of the conference papers, who addressed current issues some of which are still part of an ongoing debate and without their contribution this book would have been wanting. Finally, we would also like to appreciate the role of diff erent groups of people who made it possible to hold the conference, and last but not least the participants who enriched the presentations and whose ideas have been integrated into this book as the fi nal product of the Conference. Dr. Mohamed Fadal Director of SORA DI 13 November, 2010 9 10 --Somaliland: Facing the Challenges of Free and Fair Elections-- Table of Contents Introduction 13 Part One: Somaliland’s Political Culture: Challenges to democracy 16 Kenya’s Post-election Confl ict: Some Lessons for Somaliland 22 Somaliland Elections: A Growing Ownership and Experience 28 Part Two: Organizing Elections in Somaliland 34 Civic and Voter Education 39 Free and Fair Elections and the Role of International Civil Society Observers 40 Swimming Against the Current: A Women’s Experience in running for the First Somaliland Parliament Elections in 2005 46 Part Three: Local Council Elections: Somaliland’s Experience 53 Traditional Institutions in modern governance: the House of Elders 57 An Analysis of the Constitutional Court of Somaliland 61 About the Authors 65 11 --Social Research and Development Institute - SORADI-- LISTS OF ACRONYMS AND ABBREVIATIONS APD Academy for Peace and Development FOPAG ECK Electoral Commission of Kenya ISG Independent Scholars Group NEC National Electoral Commission SORA DI Social Research and Development Institute SNM Somali National Movement SOWRA G Somaliland Women’s Research and Action Group (SOWRA G) WFP Woman’s Political Forum (WPF) 12 --Somaliland: Facing the Challenges of Free and Fair Elections-- regional and international governments. An agreement Introduction was drawn between the parties that allowed for a new NEC to be formed and a new timetable for elections to Since declaring independence from Somalia in May 1991, be negotiated. the people of Somaliland have sought to build a new On June 2010, a second presidential election was state by charting a path to a competitive and democratic successfully held. A peaceful transfer of power, from the political system. Establishing a democratic government incumbent president Dahir Riyale Kahin and his UDUB had been an aim of the Somali National Movement party to the newly elected President Mohamed Ahmed (SNM) when it fought the Siyad Barre government in ‘Silanyo’ and his Kulmiye party took place in mid-July the 1980s and fi rst Somaliland government in 1991 was 2010. tasked with draft ing a constitution and preparing the country for elections within two years. It took another Reviewing the Democratization Process ten years for a constitution to be draft ed and approved In the wake of the political crisis of September 2009 by a plebiscite in 2001. Since 2002, however, all of and in the interregnum before new elections could be Somaliland’s key political institutions - district councils, held, there was an opportunity to review the process of the presidency and Parliament itself – have been subjected democratisation in Somaliland, to consider what had to popular vote. worked and what needed to be done to re-energise it. In Th e successful staging of multiple elections since November 2009 the Social Research and Development 2002 is not only signifi cant for the people of Somaliland Institute (SORA DI) sponsored a conference that in their endeavours to establish a democratic state, brought key stakeholders together to debate the issues. A but also has important implications for the political number of papers were commissioned for the conference entity (or entities) that will someday emerge from and formed the basis of the discussions. Th ose papers the wreckage of the Somali state, and for the region in have been reworked and edited and brought together for general. Th e introduction of universal suff rage and the this publication. creation of political parties that are not based on clans Th e intention had been to produce this publication marks a signifi cant att empt to move away from kinship- before the presidential election, in order to assist the based politics. Th e election of district councils helped NEC and other stakeholders in the diffi cult task of to consolidate Somaliland as a territorially-defi ned ensuring the election would be free and fair and above political entity, with all the regions within its borders all peaceful. Th e pessimistic tone of some of the articles having elected representatives in government. Th e refl ect some of the anxieties that existed at the time they election of parliament in 2005 established the potential were writt en, following a series of postponed elections, for representative and accountable politics and a more and controversies over the NEC and the constitutionality equitable balance of political authority. of the extensions of the presidential and House of Elders Th e second cycle of democratic elections for district terms of offi ce. Fortunately, the election took place councils and the presidency became more diffi cult to peacefully and has been acclaimed to be relatively free realise. When presidential elections scheduled for April and fair. 2008 were repeatedly postponed, due to a problematic voter registration process, an incompetent National Conference Recommendations Election Commission (NEC), and intransigence among In addition to the papers presented here, the conference the political parties, the president’s term of offi ce was participants produced a number of actionable repeatedly extended by the Upper House of Elders (the recommendations, some of which are highlighted here.
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