A Decision by the Supreme Court Won’t be Enough

Despite casting their votes in April 14, 2003 so as to elect their president for the next 5 years, Somalilanders are still unable to know who had actually won the poll. UDUB and KULMIYE, the two main political parties that took part in that election, are now contesting the results of the vote in Somaliland’s Supreme Court, the only body mandated under the law to resolve disputes over presidential election results. However, it is not yet certain whether both the political parties engaged in the dispute will respect the verdict to be passed by the country’s Supreme Court in due course. KULMIYE, the main opposition party in the country, has already indicated its doubts as to the judicial independence of the court vis-à-vis government pressure.

The Supreme Court’s verdict would have weight only if both political parties showed trust and confidence in the fairness of the legal system. Before even hearings start, it is imperative for the Supreme Court judges to effectively demonstrate to the public their professional integrity and competence. It is also important that the Somaliland public understands the proceedings to be followed by the court in dealing with this case. If the Supreme Court exhibits that it would act transparently, independently, and impartially, then its decision will have a much more better chance for being supported by the majority of Somalilanders and consequently accepted by both sides of the post-election dispute.

Under present circumstances, it will also be useful to utilize other complementary mechanisms for conflict resolution. The mediation effort by a group of religious leaders with the aim of pushing both UDUB and KULMIYE leaders towards dialogue and a peaceful settlement of the matter is therefore a welcome start. This initiative deserves to be encouraged and supported. One way in which the Supreme Court may gain public confidence would be to allow members of such a group to attend the proceedings as observers.

Ultimately, any process initiated to resolve the matter will not succeed unless leaders of both political parties showed enough commitment to finding an early way out of the problem. And the first step towards this end would require both sides to start talking to each other at leadership level. The election was a very very close one. And since neither side won a clear majority, it will make no sense to slug it out in a prolonged dispute that may only deepen public anxiety and division.

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