In Somaliland, The Rule of Law Must be Respected and Strengthened

[Jacaylbaro]

“The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law.” President Eisenhower

 

 

The rule of law which is now common “parlance in political discourse” refers to a set of constitutional principles that limit arbitrary actions by governments, individuals or other political forces operating in any given country. According to AV Dicey (1835 – 1922) an English constitutional theorist, "The rule of law requires both citizens and governments to be subject to known and standing laws”. He elaborates this point further by declaring that “the supremacy of law also requires generality in the law. This principle is a further development of the principle of equality before the law. Laws should not be made in respect of particular persons".

 

 

In other words the rule of law provides for “a secure and stable basis for the exercise of government power, and also seeks to limit that power”. By the same token, citizens are also obligated to follow the dictates of the law of the land they live in. Max. Weber (1864 – 1920) a German political economist and sociologist in his treatise "Politics as a Vocation" stated that "the state is that entity which claims a monopoly on the legitimate use of physical force, which it may nonetheless elect to delegate as it sees fit".

 

This means in this era of the "nation sates", the government is the only entity in a civilized society that is authorized to enforce the law, individuals or citizens for that matter do not have the right to take the law into their own hands or claim ignorance of the law much like the so called Qaran leaders claimed in Somaliland. To illustrate this point more vividly look no further than the condition of our brothers in South Somalia where the writ of primitive warlords reign supreme.

 

The basic tenets of the rule of law comprise three important concepts that taken together form the core principles of the rule of law in modern societies, these are:

 

1. That governments must obey the laws they make

2. That no one is above the law

3. That individual rights are decided by the courts

 

It is extremely important that young Somaliland evolve into a nation of laws and not of men. Misleading the people through deception by the political opposition, extra-judicial activities by the government, emergency degrees or special courts must all be prohibited; again the most important task facing Somaliland polity today is establishing a genuine respect for the rule of law by the government, by the political opposition and by average citizens.

 

Widespread mistrust of the institutions of government by the Somaliland opposition is one of the reasons that pushed the putative "Qaran leaders" to take the law into their own hands, there by declaring the formation of a new political party which the Somaliland constitution does not allow. This phenomenon if left unchecked could lead Somaliland into chaos and social disorder which in the final analysis could benefit no one.

 

If the Somaliland opposition is not restrained by the force of the law, then the government itself may use that as a pretext to ignore or even abuse the rule of law. The government as the sole entity responsible for the overall security and well being of the whole nation may from time to time feel it necessary to curtail the activities of the most extreme elements of the opposition who operate outside the established legal framework. The recent campaigns by the two imprisoned “Qaran leaders” clearly fall into the category of “unlawful or treasonous activities” proscribed by the Somaliland constitution.

 

The uncompromising attitude of the Somaliland opposition which in essence boils down to “my way or the highway” is creating an unstable and volatile political situation in the country which in turn could jeopardize the emerging democratic institutions in Somaliland. The Somaliland government’s distrust of the opposition is not always based on some petty or frivilous issues but is rooted more on deep suspicions of their motives, accumulated grievances and understandable concerns.

 

There is a huge difference between the normal actions of a loyal opposition trying to distinguish its political programs from that of the government and a group of power hungry individuals like “Qaran leaders” trying to create mischief in order to achieve narrowly defined political agendas. Another setback for Somaliland today is the surprising attitude of the “***** Intelligentsia” who mistakenly believe that certain individuals such as former SNM leaders are “Biri Ma Geydo” as they fondly call them; hence they have earned the right to act with relative impunity. This is absolutely ridiculous, especially when advocated by the ***** Diaspora who enjoys daily the benefits of the rule of law established in their host nations.

 

In conclusion, the primary objectives of Somaliland society at this juncture must be to build a broad based “national political consensus” that can attract the widest possible support in the country. Compliance with the rule of law is not optional for Somaliland people; it is the only way out if they want to be in the 21st century, reduce poverty and become part of the civilized world.

 

The way to solve the current political crisis in Somaliland is for both the government and its political opposition to look beyond their narrow selfish interests; they should both look into the future and resist the pressure coming from colleagues who are only interested in grandstanding and showmanship. It is the only way that reconciliation and reconstruction can go forward successfully.

 

Wa Bilaahi Tawfiq

 

Ahmed Sheikh

 

 

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