Somaliland House of Gurti: Extension for Presidential And Vice-presidential Term

[Jacaylbaro]

The House of Guurti of Somaliland has started their deliberations on 8/04/2008 on constitutional issue concerning to legally and constitutionally reconcile the ending of the government term and the presidential election. The Guurti, realizing the enormity of the task named a committee of 25 [persons] including the Chairs, members who were mainly Chairs of the subcommittees, other members and legal consultants.

 

Whereas the Guurti realizing the elections not meeting their schedule because of different reasons, the biggest one of which was the disagreement on the creation and approving of NEC, as well as Kulmiye party not naming their rightful candidate for a long time.

 

Likewise, understanding the impossibility of holding elections without voter registration, the members of the [House] underline that the planning for the registration, budget, securing the funding, attaining of modern technical know-how remain were and remain the main reasons the election not meeting their deadline.

 

On the other hand the House believe the impossibility of holding elections without voter registration because of insecurity that might arise to hold elections without knowing and registering those casting their votes.

 

Therefore, the extension of the President and the Vice-president term was based on these reasons which are in agreement with article 33 Paragraph 5 of the constitution of Somaliland.

 

1. The conditions relating security in the eastern regions of Somaliland where there is insecurity and no full stability.

 

2. The pressure and constant interference coming from the authority that intend to come back to the areas in Somaliland that they were pushed from and are mobilizing themselves.

 

3. The population in the eastern regions need time for reconciliation among themselves so that an atmosphere that enable them to participate in the voter registration and local and presidential elections which they did not directly participate before be attained. It is constitutionally imperative and sacrosanct that elections take place in all the regions and districts of the Republic of Somaliland so that territorial integrity of the country is secured.

 

4. The other reasons I mentioned above concerning conditions of elections not meeting to take place in their planned time. [this point is not understandable]

 

The House of Guurti of Republic of Somaliland

 

Whereas: studying and making full evaluation of the country on the reasons of that caused delay of the elections.

 

Whereas: considering conditions that brought the delay of the elections which were reflected upon, discussed and debated.

 

Whereas: realizing the need for the Somaliland people for free and fair elections that takes place in stable and secure [manner] equally in all over the country at one time.

Whereas: having seen the planning of the National Electoral Commission (NEC) and at the same time studying and reading the Presidential and local elections law, no. 20/2001, article 8 and Voter registration act no. 37/2007 articles 13, 27

 

That the House basing its ruling on article 83 paragraph 5 of the constitution of the country of Somaliland which states: "If on the expiry of the term of office of the President and the Vice-President, it is not possible, because of security considerations, to hold the election of the President and the Vice-President, the House of Elders shall extend their term of office whilst taking into consideration the period in which the problems can be overcome and the election can be held."

 

Has reached the following decision:

 

The extension period of the term of the president and vice-president.

 

1. That the extension for the term of the president and vice-president starts with at the end of the previous time which was 16/05/2008 and ends on 06/05/2009

 

2. The elections for the President and vice-president would be held one month before their term finishes as stated in the article 83 paragraph 2 of the constitution of Somaliland.

 

II. Tasks to be fulfilled in that period

 

Although it is imperative that to make use of the extension period of the government term, it is also necessary that different institutions mentioned below each fulfill its duties based on the law. They should conclude all the unfinished tasks in that period which is:

 

1. Government

 

a). securing the security and stability inside the country of Somaliland.

 

b) Preventing any foreign interference or all actions that can be seen as terrorism, instability, creating chaos that could harm the political process, security, economy, social development in its different sides and the unity of the Somaliland people in accordance with the practices laws and constitution of Somaliland.

 

c) The conclusion of what is still lacking in the voter registration and elections.

 

d) The political parties should have an equal access to the use of the national media and other services that might be needed in accordance with the constitution and other laws of the country.

d) to create and implement speedy administrative method and prepare conditions that enable for the realization of the voter registration and elections.

 

 

2. The Parliament (the two Chambers)

 

a) They have to expeditiously prepare laws concerning the task at hand.

 

b) They have to take part in the awareness- raising to the population, conflict resolution and peace -making in the eastern districts and regions.

 

c) They have to support the different tasks of the implementation of the voter registration process.

 

d) The parliament an especially the Guurti should participate in the strengthening of peace towards their tasks

 

 

3. NEC

 

a) The NEC is expected and is mandatory for them to implement different laws concerning their work like the voter registration act no. 37/200[7] and the presidential and local council law no. 20/2001 as they are legally founded institution that is expected to execute its mandate neutrally.

 

b) They should independently exercise their mandate and tasks given to them by these laws.

 

c) For the Commission to implement of their tasks concerning the voter registration they should base them in the existing legislation for that.

 

d) In their planning for the future tasks of voter registration and elections, [NEC] should plan them to take place in all places of Somaliland. They should be attentive to avoid the past practice of denying the rights of the citizens to vote especially by those in the eastern regions.

 

 

4. Political parties

 

a) All of them [parties] should disseminate their opinions, political culture, and party management to the areas where they do not yet have offices.

 

b) They should organize themselves and make their activities as well as express their opinions in accordance with constitution and the laws of the country while refraining from causing insecurity to peace and the unity of the people.

 

The motion had the approval of 61 votes, while the participants were 65 [persons]:

 

1. For 61

2. Against 3

3. Abstention 1.

The Chair did cast his vote

 

 

Conclusion

 

The House of Guurti inform the people of Somaliland inside the country and abroad that they should pay close attention to the situation of the country and be refrain from anything that will harm and create instability to the peace, tranquility and the unity of the people of Somaliland. On the other hand, they are requested to contribute the developments of the tasks for the election and democratic process.

 

 

Praise be to Allah

 

 

The Chairmen of Guurti

 

 

1. Sheikh Ahmed Sheikh Nuh Furre, Acting Chair and 1st Deputy Chairman

 

2. Saeed Jama Ali, 2nd Deputy Chairman

 

3. Abdillahi Ibrahim Habane, Secretary General of the House of Guurti