A report by the Centre for Policy Analysis on Somaliland now says the country should hold elections timely and periodically and embark on a process that ends all forms of term extensions.
In a report that outlines the history and causes of political disputes in Somaliland and how the democratisation process is entangled with the practice of term extensions, unconstitutional actions, legal lacunae and last minute preparations, the CPA is of the view that a drastic political, institutional and legal reforms are needed if Somaliland’s gains in a democracy are to be sustained.
Coming at a time when the government and opposition are pulling in different directions over the presidential elections impasse, the report says Somaliland’s leaders should take their responsibilities seriously and create a conductive environment that can sustain democracy and stability in conformity with the constitutions, the rule of law, and democratic principles.
The current political tension has emerged as a result of the government’s stand to extend the term President Musa Bihi to the chagrin of the opposition who have threatened to hold mass demonstrations to push the government to adhere to the elections time table.
Says the CPA report: “Extension of terms and postponements of elections undermine democracy. Somaliland should hold elections timely and periodically and embark on a process that ends all forms of term extensions.”
“At the same time, the Parliament should enact legislation prohibiting the extension of terms and fixing election dates in law.”
The CPA which is headquartered in Somaliland capital Hargeisa was established to help the countries of Horn of Africa region to build, peace, democracy, human rights and effective governance systems where all citizens are equal says to end the impasse, an independent arbitrator needs to come on board.
“It is crucial to find a trusted third party to mediate the political parties. The sides in this conflict presented their positions. However, it is key to understand their interests and fears. The ruling party intends to seek an extension for the President.”
According to the CPA, the government’s loss in the parliamentary elections last year has precipitated the move to suspend the presidential elections.
“The unexpected loss of the May 2021 parliamentary and local council elections changed the President’s outlook on the future. His party seems unprepared for a presidential election due to many factors, including an internal dispute over the successor of President Bihi”.
President Bihi had initially promised to open the registration of new political associations, retracted that by rejecting the changes to Law No. 14, and again pushed the registration of new political associations. His position changed with the prospect of success in elections, not on principles, the report says.
The opposition’s main fear is the new political associations. If new political associations compete before the presidential elections, there is uncertainty about whether the opposition parties could survive.
“Even if one of them survives, the competition will change the entire dynamics of Somaliland’s politics and might disrupt alliances built by the main opposition party, WADDANI.”
“Therefore, the opposition parties’ interest is to hold the presidential election before conducting elections for political associations and parties. Thus, they are not necessarily against an extension of President Bihi’s term as long as the presidential election takes place first,” the report says.
CAP however says both the opposition and ruling party rhetoric have inflamed the situation.
“The political leaders should stop the polarising and divisive politics and the inharmonious language that groups people into clan affiliations and loyalties. Dominating identity politics undermines cohesion and solidarity.”
According to CPA, the present-day disagreement and its substance are not new to Somaliland. Since 2008, Somaliland has been amidst continual meaningless and avoidable political wrangling that threatens the stability of Somaliland and its democratisation process. Solutions have been short-term painkillers that did not address the root causes.
“The culmination of polarisation, poverty and inept institutions that failed to deliver services or live up to their promises position Somaliland on a dangerous path.
“Therefore, Somaliland’s leaders should take their responsibilities seriously and create a conductive environment that can sustain democracy and stability in conformity with the constitutions, the rule of law, and democratic principles.”
Reforms
The report suggests that there should be judicial, security sector and electoral reforms in the country.
“Somaliland needs to reform the judiciary. The judiciary shall be impartial and independent and have the resources necessary to perform its tasks. Without an independent and impartial judiciary, democracy is not fully functional, and it is prone to violence or political instability.
“It is particularly demanding Somaliland to strengthen the Supreme Court, which serves as a constitutional court. However, the experience of Somaliland in the last thirty years demonstrates that there is an urgent need to establish a separate constitutional court to work exclusively on constitutional cases. “Before the creation of a constitutional court, the Supreme Court should be granted clear powers with a written procedure on how to handle constitutional cases. The lack of law that governs constitutional matters creates uncertainty.”
“Further, police and other security and law enforcement agencies need to be reformed to create independent, impartial and professional institutions. It is vital to demilitarise and depoliticise the police. It should not operate under the command of the politicians but on the rule of law.
On the electoral reforms, the CPA suggests that the existing electoral body needs comprehensive reform that distances the institution from the political parties.
The report says that Somaliland should embrace inclusivity in terms of meaningful participation of women in leadership, elimination of ageism that prefers the older generation and balancing key positions of power with the different communities. Communities in Sool and Sanaag are marginalised, and power is concentrated in central regions of Somaliland (Hargeisa, Sahil and Togdheer).
