The challenges of democratisation process in Somaliland: The way forward, ISCO-Somaliland

Summary

The purpose of this briefing is to provide essential information regarding the challenges facing the democratisation process of Somaliland and to recommend steps to be taken to address challenges and learn from past lessons. There are key moments in history that define the process and needs to be revisited to understand the challenges Somaliland is encountering to advance its democratic credentials.

The inability to hold elections periodically as required by the constitution and international standards is questioning both the internal legitimacy and Somaliland’s international credentials as a new democratic partner seeking international recognition. Constant extension of terms and postponement of elections marred the country’s democratic credentials. The wrong turn was taken in 2007/2008, the second phase of the election cycle.

After approval of the constitution in 2001, Somaliland has taken bold steps by holding three consecutive elections in 2002, 2003 and 2005 for local councils, presidential and House of Representatives, respectively. The second phase that was planned to start in 2007 failed. The country descended into an era of stalemate, and political enigma.

The civic space started shrinking, the line between the civil society and government became blurred and democracy is arguably in decline. Despite these challenges, Somaliland remains relatively peaceful and partly free, according to Freedom House annual rankings.1 A presidential election was held on November 2017. Somaliland remains a leading democratic country in a turbulent region.

This report identifies the following challenges:

1. » Weak constitutionalism: discrepancy of theory and practice;
2. » Clan domination in party politics;
3. » Legal lacuna;
4. » Institutional weakness;
5. » Disfranchising and exclusive electoral system; and
6. » Finances of political parties. The briefing makes recommendations to progress the democratisation process, hold periodic free and fair elections, peaceful rotations of power, separation of powers, inclusiveness, freedom of expression, independence of the media and civic space.
7. » Weak constitutionalism: discrepancy of theory and practice;
8. » Clan domination in party politics;
9. » Legal lacuna;
10. » Institutional weakness;
11. » Disfranchising and exclusive electoral system; and
12. » Finances of political parties.

The briefing makes recommendations to progress the democratisation process, hold periodic free and fair elections, peaceful rotations of power, separation of powers, inclusiveness, freedom of expression, independence of the media and civic space.

RECOMMENDATIONS

To the Government:

1. » Hold elections on time and without delay. Allocate an annual budget for the elections and prepare an electoral schedule for the coming ten years;
2. » Open an inclusive consultation involving the public and all stakeholders to brainstorm ways to avert delays of elections and extension of terms;
3. » Review the electoral system including voter registration, voting system and civic education to address the marginalisation of women, minority clans and nomadic communities;
4. » Respect the independence of the civil society, civic space and independence of media. Therefore, stop using criminal laws on media issues, banning and shutting down of media houses; and allow registration of new civil society networks. The government institutions should work with civil society organisations in equal footing without giving preference to particular organisations/networks;
5. » Reform all laws that predate the constitution including the Penal Code, the Criminal Procedure Code, the Civil Code and the Civil Procedure Code. The government should establish an independent law reform commission. Reforms should be based on inclusive consultations.
6. » Carryout out an assessment on how to restructure state institutions to comply the constitution of Somaliland;
7. » Allocate a budget for awareness-raising and civic education for nomadic and rural communities. Information is key to democracy and taking informed decisions. Media is concentrated in cities, and rural and nomadic communities have limited information. Allow opening private radios to fill the information gap.

To the Parliament:

1. » Enact separate legislation establishing an independent, strong and decentralised electoral body;
2. » Approve a quota of 33% for women in both Houses of the Parliament, local councils, cabinet members and senior civil servants in higher ranking offices such as director generals and heads of government agencies, authorities and commissions;
3. » Approve quota for minority clans;
4. » Approve an electoral law that encompasses all elections and sets out procedural and substantive rules. The process should be based on inclusive consultations and meaningful participation of all stakeholders;
5. » Amend the Registration of Political Associations and Certifications of Political Parties Act (Law No. 14). The Act should be reviewed and amended to include unambiguous articles related to party financing, memberships, leadership contests and internal democracy. The Act should address clannism in political parties;
6. » Amend the Judiciary Organisation Act and include provisions guaranteeing and ensuring judiciary independence. This should include job security for judges. Nominations of Supreme Court judges should be based on competence and merit and should be approved by the Parliament. There should be procedural and substantive provisions relevant to constitutional cases, and filling of electoral complaints in the different stages of the electoral cycle.

To the Political Parties:

1. » Ensure transparency and publish funding sources and spending, and allow independent auditing of party finances;
2. » Democratize parties by registering and certifying party members across regions, allowing party members to vote for party leaders and delegates and ensuring party leaderships including chairpersons, secretary generals and central committee members are democratically elected by party members;

To Civil Society Organisations

1. » Actively work towards the advancement of democracy and civic space. Civil society organisations should prioritise in working for issues of common interest and cooperation.
2. » Civil society organisations should be accountable to the people and should improve their legitimacy. Transparency should be increased;
3. » Prioritise independence, nonpartisan and impartiality;
4. » Community needs, concerns and demands should be the top priority of civil society organisations irrespective of political ramifications. To the International Partners
5. » Continue supporting the democratisation process of Somaliland; » Support initiatives directed towards improving civic space, accountability and public participation in decision making;
6. » Support advocacy for quota for women and minority clans;
7. » Work with stakeholders in reforming institutions and laws to improve democracy, civic space, constitutionalism and human rights;
8. » Stand with civil society and media independence in Somaliland;

Conclusion

A journey to fully functioning democracy requires daily inputs and cautious implementation of thoughtfully designed policies and institutional and legal reforms. Constitutionalism, rule of law and protection of human rights and enhancement of civic space are critical in any democratisation process. Somaliland should make substantive and procedural changes to move the country into a democratic direction and retain gained thresholds. Independent media and organised independent civil society are equally vital for the democratisation process. This briefing advises stakeholders to look at issues holistically. Delays of elections are not only unconstitutional, but they also challenge the legitimacy. The transition to democracy is a result of a judgment ordained by the people in a national referendum, and enshrined in the supreme law of the land, the Constitution. Therefore, political leaders do not have discretion or prerogative to decide whether and when the election should happen.

About ISCO-Somaliland:- The Independent Civil Society Organisations Coalition (ISCO Somaliland) is a coalition for the independent civil Society organisation of Somaliland to cooperate on areas of democracy and civil rights. ISCO Somaliland will always act in accordance for the best interest of democracy and civic space based on the constitutional principles and international standards. ISCO Somaliland is committed to sustaining an independent and vibrant network of civil society actors and groups that are responsive and accountable to the people.

ISCO-SOMALILAND

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