A call for Action and Dialogue

(16 September, 2009; Hargeisa, Somaliland)

I. Introduction

On 13th of September 2009, the ISG members met to discuss the implications of recent confrontations in Somaliland involving the President and his party (UDUB) on one side and the two opposition parties (Kulmiye and UCID) on the other side, over the control and influence of the House of Parliament; the drastic action to use the police force to close the House of Representatives and the subsequent bloody demonstration in which several civilians were killed and many others wounded. The meeting was sponsored by the Social Research and Development Institute (SORADI). It was moderated by its Director, Dr. Mohamed Fadal. The Somaliland Independent Scholar’s Group (ISG) members are:

 

Abdi-shakur Sh Ali-Jowhar (Psychiatrist and political analyst: warkamaanta.com),Amina Mohamoud Warsame (Executive Director of NAGAAD); Abdilkadir H Ismail Jirde (Ex-Deputy Speaker and Member of Parliament- now travelling), Shukri H. Ismail (Former National Electoral Commissioner and Member of African Democracy Forum and Chair of Candle Light); Ibrahim Jama Ali -Raite (Member of Parliament and Lawyer), Fawsi Sh. Yonis (Somaliland Lawyer’s Association); Abdi Ahmed Nour (Forum for Peace and Governance-FOBAG), Bobe Y. Duale (Research Coordinator, APD), Haroon H Ahmed Qulumbe (ActionAid), Jafar Mohamed Gadaweyne (SONSAF); Mohamed Hassan Ibrahim (Researcher-APD), Suad Ibrahim Abdi (Researcher-APD); Wais Muse (Executive Director of Samatalis Coalition of Human Rights)), Dr. Mohamed Fadal, Director of (SORADI);Muse Abdi Elmi (U. of Hargeisa; Dean Academic Affairs) Dr. Yusuf Kariye (Researcher in Anthropology; Hinda Mohamed Jama (an Associate of Burao University).ll long-term participants of Somaliland rebuilding and democratization process, who are considered to be highly competent to provide an objective analysis and strategy to address the issues at hand. The ISG members are:

II. Back to Basics and Principles

- The Constitution provides for three parallel branches of Somaliland Government all independent from each other: The Legislative, the Executive and the Judiciary. Each branch of the Government has its duties clearly cut out for it in the constitution. These national bodies are expected to work together in harmony to be able to realize the aspirations of the Somaliland people. The Executive Branch has definitely overstepped its duties when it recently interfered with the operations of the Houses of Parliament. The Police action to close the House of Parliament contradicts the above constitutional provisions. The police are expected to live by and uphold the rule of law and not to undermine it.

- It is constitutional for people to demonstrate openly and to bring across their messages to their leaders. However, it is not constitutional to destroy property, to stone the police forces and to use firearms. Peaceful demonstrations enrich democracy, where boards, microphones and speech platforms are the means of rallying people to express their messages. It is also not constitutional for the police to shoot unarmed rallying civilians and to cause fatal deaths and injuries.

- The election is the right of the people to choose its leaders. To deny the people to exercise their right to vote, to delay it intentionally and to mismanagement it, will all put in question the legitimacy of any regime in power.

III. Taking Stock of the Present Situation

The present uprising was not unexpected, but what was uncertain was what will provide the spark that will trigger it? The use of the National Police Force to close down the Parliament House and its operations became a very potent spark. It blew off the lid from the growing frustration of both the people and the opposition with government intransigence.

Why all of a sudden the House of Representatives became the centre of controversy after being sidelined for so long from the negotiations concerning the presidential election process?

The Presidium of the House of Representatives (Shir Guddoon) comprises of three members from the opposition parties (the Speaker is from UCID and his two Deputies are both from Kulmiye). UDUB still feels that it has been robbed of its right to hold the Speaker position as the largest single party in the Parliament. Despite this internal contradictions and the lingering grievance of UDUB, the House of Representatives of Somaliland was run and worked remarkably smoothly since it was first convened in October 2005. The collective efforts of Somaliland people and its international partners to resolve the conflict between competing political parties through consensus also helped the House to stay calm.

However, the situation changed when the President declared to hold the election without registration and his party (UDUB) launched its election campaign. This move depleted the last drop of goodwill and hope by the opposition for free and fair elections. As expected they would try every trick in the book to counter that move. Then, the Parliament became the battle ground of the opposition and the ruling party. The wheels of an impeachment motion started to roll by the opposition and the ruling party countered it with a motion aiming at unseating the Speaker of the House. In this context, though, a question could be raised, why the impeachment now, if the President’s term is expiring within the next two months? But again another question could be raised, why the disproportional reaction of closing down the whole House by the Executive? Further more, an even deeper question could be asked, where would such a behaviour of tit-for-tat lead Somaliland? It could lead to a much worse situation, where there will be no winners and losers among the competing parties, and everything Somalilanders worked so hard for will be lost. A glaring example is provided by what is happening in Somalia.

What are the Present Hurdles to tackle?

1. It is now accepted that there is not going to be an election happening on 27 September, 2009. We need to reflect back on the efforts, energies, resources and goodwill expended on setting that date. We still need to set another date, because free and fair elections are a necessary step in building a democratic, peaceful and prosperous society.

2. With no election happening on 27 September, 2009, we need also address the expiring term of the President and his Vice-president immediately.

3. For the first time ever the negotiations among competing Somaliland groups are becoming internationalized. Somaliland has earned its fame and stability from its capacity to settle its contractions internally.

4 There is now a situation of minimum trust among key stakeholders and a shrinking space for constructive dialogue.

5. The negotiations on the server results need to be finalized

6. Reforming the National Electoral Commission which is not deemed to be neutral by the opposition parties and by many other local and external actors.

7. Getting the funds for the election.

8. Addressing the issue of other Somaliland elections, which are all due in the following year 2010.

IV. The ISG Calls for Action and Dialogue

On Ongoing Mediation Efforts

1. The internal reconciliation and mediation mechanism should take the lead of bringing the key stakeholders together and should not wait for the external mediation outcomes. The latter should be taken as goodwill advice.
2. The international system should refrain from involving directly in the negotiations, but should provide support to the internal mechanisms and facilitate their success.
3. The internal mediation efforts should be streamlined to harmonize their aims and to coordinate their dealings with different key stakeholders. There are now ongoing several active efforts, each dealing with a partial issue. The Guurti has a legal mandate for such a role and should try to bring together the efforts of all the other initiatives.
4. The results of the negotiation efforts should be a package agreement and not in piecemeal or focusing only on the last episode of crisis. The package should clearly have a target election time and a mechanism for solving the presidential mandate time issue, the Server issue and the reform of the National Electoral Commission. The package may incorporate the advice of the international negotiation efforts.
5. The Independent Scholar’s Group will be prepared to work with the negotiation mechanisms and help streamline both the approaches and agendas of the local efforts.

On The International Actors

The ISG calls for the international community to support the Somaliland efforts to sustain peace and building a democratic society. Their role could include open support for the forces of peace and democracy in the current crisis. In this context, we appreciate the letters sent to all three leaders of the Somaliland political parties by the Somaliland friends, through Somaliland Focus UK. The international community could also adopt a clear policy and concrete regime of sanctions against anybody, any group or any party which (a) is not honouring the agreements reached to continue the path of peace and democracy in Somaliland (b) is employing hate propaganda and inciting violence within the society for whatever pretext (c) is committing publicly known atrocities (d) is working actively and openly against peaceful transition and application of the rule of law in Somaliland. The Somaliland international friends could establish an independent observer mechanism to complement local initiatives to follow the implementation of the agreements reached and to openly publish performance of all key stakeholders in the process.

On The Role of National Media

The Media could be used as a dangerous weapon to saw seeds of suspicion among the general public and can result in sectarian violence similar to what took place in Kenya. We call the national media outlets and individual journalists to be accountable for their actions especially in these difficult times; to abide by their code of conduct; to act among themselves to expose any media outlet which is using hate language and propaganda to ferment discord among the general population.

The Expiring Presidential Term

The Guurti should take the lead to start consultations with the political parties, other relevant Government branches, the civil society and other key actors of the Somaliland society, to come up with a consensus solution which can lead Somaliland to free and fair elections. The Guurti should avoid taking any unilateral action without wide consultations with all key actors. The ISG recommends a package agreement, which addresses all the above outstanding issues about the forthcoming election and is signed by all key stakeholders.

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