Somaliland Scholars Group Map the Way Forward for Presidential Elections

[Jacaylbaro]

Somaliland Scholars Group Map the Way Forward for Somaliland’s Presidential Elections. The Group Says that a Proposed Consultative Meeting of the Legislature and Parties Could be Risky.

 

 

 

The Forthcoming Somaliland Presidential Election.

 

The Forthcoming Somaliland Presidential Election: Challenges and Possibilities

 

I. Introduction: On 14th of March 2008, a group of 8 Somaliland scholars met at Ambassador Hotel to discuss the issues and circumstances surrounding the upcoming presidential elections of Somaliland. The meeting was sponsored by the Social Research and Development Institute (SORADI). It was moderated by Dr. Mohamed Fadal, Director of (SORADI).

 

The participants of the meeting were all long-term participants of Somaliland rebuilding and democratization, who are considered to be highly competent to provide an objective assessment of the difficult situation surrounding the forthcoming Somaliland Presidential Election and to give actionable recommendations.

 

They were: Abdilkadir H Ismail Jirde (Ex-Deputy Speaker and Member of Parliament), Abdirahman Y Artan (Member of Parliament), Abdi Ahmed Nour (Forum for Peace and Development), Amina Mohamoud Warsame (Executive Director, NAGAAD), Bobe Y. Duale (Research Coordinator, APD), Haroon H Ahmed Qulumbe (ActionAid), Hassan Halas (APD), Mohamed Hassan Ibrahim (Researcher-APD), Suad Abdi Ibrahim (Researcher-APD).

 

I am presenting here an early summary of a possible more elaborate document that may come out of the Somaliland Scholar’s Group discussion.

 

II. The Voter Registration System

 

The Group recognized the successful completion of the Registration process as an achievement of profound significance for Somaliland:

 

It was a logistical nightmare and a daring undertaking in the prevailing circumstances of the region, which was completed successfully and with minimum damage to personnel and property.

 

It has demonstrated the human resource potential of Somaliland: A young generation of men and women, under the age of 30 and all home-educated, who are in par with their global compatriots to manage a state of the art Biometric technology and who were prepared to take responsibility of such valuable equipment, to travel far and wide to all corners of Somaliland to collect data from cities, from nomadic hamlets, from fisher communities and often where there is not the comfort of life, which they are accustomed to.

 

The Group also recognized the power of mobilization undertaken by the Somaliland people to register for the upcoming elections, which was a clear demonstration of their commitment to the democratic processes and their desire to be registered citizens of their young nation. It has also shown that the Somaliland people and state are worthy of international communities’ unwavering support and remain to be reliable partners.

 

The group further recognizes the unfortunate widespread multiple registration that took place, which was tantamount to a person stealing from his/her own pocket. It was an act of registration fraud for which there was no single authority or group to blame, but has been aided and abetted by all stakeholders. The Biometric system was chosen in the first place, for the purpose of eliminating multiple voting. The introduction of the Automated Fingerprint Identification System (AFIS) and the Facial Recognition System (FRS) will produce clean lists for every polling station and within a reasonable timeframe.

 

The group has also discussed the recent complaint of the opposition parties that the National Election Commission has uploaded the data into the Server without their presence. We are convinced that it has been an honest mistake, done because of the pressure of the situation, especially regarding the delayed return of the technicians, and had no intention of malice. The political parties are now engaged in the process and have realized that any discrepancy in the uploaded data could easily be verified.

 

The question now is, having succeeded to implement the Voter Registration requirement, how can we proceed with the task of holding a successful, free, fair and peaceful Presidential Election in the shortest possible time?

 

Last year, in June 2008, the three political parties and the National Electoral Commission have signed together an agreement, which paved the way for an election date to be set and for the expiring term of the President and the Vice-President to be extended. Some of the provisions of that agreement, such the formation of the Standing Committee, were exemplary acts of consensus building.

 

The greatest hurdle at the time, which necessitated the extension, was the need to complete the Voter Registration, before the election takes place. Prior to that, we also lost valuable time in putting together a team of Election Commissioners. Today, both conditions are fulfilled. What are the hurdles now?

 

III. Hurdles to Overcome to Hold Forthcoming Presidential Elections

 

The group identified two key hurdles to overcome in order to hold the forthcoming Presidential Election of Somaliland, one is technical and the other is political.

 

1. The Technical Hurdles: the operational logistical requirements of the election process:

 

Completion of the AFIS/FRS process in order to get clean final voter registration lists.

Making ballot papers and other needed voting accessories available.

 

Starting the recruitment process for the personnel who will handle the election operations and to train them to do their job honestly and efficiently.

 

Developing a comprehensive and effective civic education programme, with an especial focus on the expected outcome of AFIS/FRS system, which may differ from the earlier numbers circulating among the communities.

 

Without this operational technical aspect of the election process moving, every day that passes pushes the election date further away. We need to move the technical preparations of the election process.

 

2. The Political Hurdles: The expiring extended mandated time of the President and Vice-President on 6 April, 2006

 

To hold elections the President and Vice-presidents’ office holders should have one-month after the election date to transfer power. Today, without going into detail of why it happened, the fact of the matter is, the extension time expires on 6 April, 2009.

 

Considering the requirement of the election logistics, 29 March (date agreed on June 2008 Code of Conduct) is out of the question and the 31st May 2009, recently identified by the Electoral Commission, could itself loose its validity as a realistic election date, in the logistical point of view, if we do not take action to move the technical preparations.

 

Therefore the question is how can we reconcile the shortest possible viable election date with the 1 month transition requirements of the constitution? We are not starting from scratch, we have now enough experience and precedents to build on.

 

III. Discussion of Options

 

The Group has analysed the options floated by different stakeholders to address the above hurdles and identified the one which they consider to be the best option in the prevailing circumstances.

 

Option One: Suggestions from the opposition side: By 6 April, the two Houses of Parliament, jointly with the political parties should deliberate on the situation. In the discussion the following facts were brought out regarding this stand: While it may have some appeal to engage the legislature, it is considered to have many uncertainties.

 

a. It is not an easy matter to get a quick solution from such a large gathering of the two Houses of Parliament and political party representatives. It may lead to a long period of deliberations and could become a cause of continuing uncertainty to the population. Further more engaging the legislature in such a contentious issue will destroy their internal unity and will contribute to further weakening of the democratic institutions.

 

b. It is not clear, what is the task that the members will be asked to fulfil: produce an interim president, produce a date for election, adjust the mandate of the president and Vice-president, or reform the constitution to adjust election requirements.

 

Therefore, the Group views such an option as one with many unanswered questions and which may lead to a situation whose outcome is not clear.

 

Option Two: The hands-off attitude of the Executive, which states a) It is solely the mandate of Electoral Commission to set the election date b) It is the mandate of the House of Elders to extend the mandate. While the Group recognizes the mandates of these national offices, they also take into consideration the unusual circumstances developed from the missed deadlines of the election. They view the Executive should take a more proactive approach in fostering dialogue to solve the problems surrounding the election and the expiring term of the President’s and Vice-Presidents extended term in cooperation with key stakeholders.

 

Option Three: Consensus. We have precedents and ample experience in building consensus to overcome the hurdles facing us, which, if we have the will to do so, are technically easier than the ones we crossed already. It is the Group’s position that all key stakeholders should come back to the consensus and collaborative approach. The National Electoral Commission, UDUB, KULMIYE and UCID should come together on the negotiating table and agree on a date for a successful, free, fair and peaceful election, while keeping in mind the constitutional requirements of the election. The need for extension could only be a technicality to serve the holding of the election - the end goal and the ultimate desire of the people is Election. The Somaliland Scholars’ Group believes that this is the best possible option.

 

IV. Conclusion

 

The Group reached the following conclusions:

 

1. Somaliland people and their leaders need to appreciate their achievements in their state-building and democratization efforts, realize the long way they come so far, and recognize their latest success story, the Voter Registration.

 

2. The only way a democratic society changes its Executive and Legislative office-holders is only through elections. Somaliland is lucky to have the competent democratic institutions, the laws, the experience, the international support and the unwavering commitment of its own people. Let us go on with the election and spare the people of unnecessary worries. Earning a living in these difficult times is already enough worry for them.

 

3. UDUB, KULMIYE, UCID and NEC must come together ASAP to:

 

* Get the technical aspect of the election process moving without further

delay.

 

* Agree on an the Election Date.

 

* Revive the consensus solution to extend the expiring extension date of the President and Vice-President’s offices, if required for setting the election date, and through the agreement of all keys stakeholders.

 

* Agree on to fulfil any unfinished components of earlier codes

 

* Stop use of the inflammatory language on the media. We need learn from the experience of the neighbouring regional countries on election violence and how the media was used. We have also to remember that Somaliland is a respected member of the international community, where tolerance for political violence is no longer an option.

 

* Engage and inform the traditional leadership that the AFIS/FRS system is managed by a neutral body of technicians mainly international and in cleaning the multiple registrations, will no doubt produce different results from what is now held by different regions and communities.

 

* Work together to implement the agreement and timetable for the Presidential election.

 

 

The Somaliland Scholar’s Focus Group

19 March, 2009. Hargeisa, Somaliland

[N.O.R.F]

Good advice.