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ISSUE 46 December 7, 2002

Code of Conduct for the Political Organizations

FRONT PAGE
FEATURE

Political Organizations Agree on Code of Conduct

President Rayale Leaves on Tour to Eastern Somaliland

Bush Meets with Leaders of Kenya, Ethiopia

Somali Bantu - A Lucky Few

WFP Condemns Obstacles To Food Deliveries

Code of Conduct for the Political Organizations

Code of Conduct for the Election Commission and the Political Organizations

NEWS IN BRIEF

Ballot Papers Arrive

Two Swedish Tourists Return Home After Visit to Somaliland

EDITORIAL & OPINION

Crucial Agreement Reached by Political Organizations

The New Realities of Terror

ARTS & CULTURE

History of Music in Somaliland

Somaliland Music Past and Present

 

 

December 5, 2002

First of all, the Election Commission and the political Organizations and agree to give utmost priority to: 

  1. The existence and independence of Somaliland over the success of political Organizations or personal interest; 
  2. The maintenance of peace since peace is foundational to democracy as it is life; 
  3. All disputes arising among the political Organizations through dialogue; and 
  4. The Commission and the Organizations are partners whose share responsibility is to ensure that fair, free, and peaceful elections take place in Somaliland. 

The political Organizations further agreed that prior to, during, and after elections: 

  1. The Commission will discharge its responsibilities as neutral and independent body - that is, it will be, in word and action, impartial and fair to all political Organizations; in addition, it will be autonomous from lobbies, pressures, and influence of political Organizations, groups, or individual pursuing special interest in the process and outcome of the elections. 
  2. The Commission will consult the political Organizations on key issues concerning the process, procedures, and implementation of the election; the consultation will be regular and timely, not ad hoc or after decisions had been reached by the Commission. 
  3. All disputes arising among the political organizations shall be resolved through dialogue. The Commission will take careful note of the decisions arrived jointly by all the political Organizations so long as these decisions do not contradict the law or undermine the national interest. 
  4. The Commission will follow the spirit and letter of the Election Law and Constitution; where ambiguities exist in these legal documents, the Commission will reach the best and independent decision it can, always giving priority to fairness, impartiality, and the national interest. 
  5. The Commission will remain vigilant to political problems, special groups, and external forces that can compromise the national interest; the Commission will develop plans to preempt, prevent, and counteract any group that seek to disturb the peace and elections of Somaliland. 
  6. The Commission will be transparent in all its work, including its financial dealings, process of operations, and what factors or who influences their decisions; the Commission will also timely reports on problems it encounters in its operation and hence it should not wait until the political Organizations discover the problems and fuss about them.
  7. The Commission will fulfill its duties to ensure, to the best of its ability, that citizens in all areas of Somaliland will exercise the right to vote without pressure, intimidation, or delay. 
  8. The Commission will discharge its duties to ensure the proper protection, ... handling, distribution, counting, and recording of the voting boxes, voting cards, dye, voting venues, and any other materials, tools, or facilities used for the elections; benefiting also from lessons learned during the registration, the Commission will employ qualified and neutral personnel, allowing appropriate input and feedback from the political Organizations. 
  9. The Commission will have clear and transparent procedures for accepting, refusing, and managing complaints from or about the political Organizations; although it resolution of complaints must be timely and fair, the Commission must never be hasty or capricious; its decision must be careful, thorough, and judicious. 
  10. The Commission will review and monitor not only the language and behavior of political Organizations but also the actions or inaction of the Executive Branch upon which much depends on whether free, fair, and peaceful elections take place. 
  11. The Commission will encourage active, neutral, and coverage on the elections by the media in order to raise public awareness and participation; in addition, the Commission will provide relevant and timely information (as information of remote areas) that may be inaccessible to the political Organizations. 
  12. In its communication with the political Organizations and the public, the Commission will avoid any contradictory messages, announcements, promises, and decisions; to avoid confusion, its communication will be timely, systematic, deliberate, coherent, and available equally to all the political Organizations. 
  13. Having studied carefully its legal power and prerogatives, the Commission will work with the political Organizations when and where new legislation is needed and to ensure that the Executive Branch discharges its duties appropriately and in due time. . 
  14. The political Organizations on their part affirm that the Commission is the sole and legitimate "referee" of the elections; as such, they will give the Commission due respect and cooperation, avoiding at all times frivolous charges undermining the Commission's integrity, respect, and name. 
  15. The political Organizations will cooperate with and assist the Commission to discharge its duties, avoiding at all times adversarial relationship; they will in addition carry themselves with civility and patience when the Commission reaches decisions with which the political Organizations do not agree. 
  16. The political Organizations will exercise their right to find legal recourse in the courts when they deem such action necessary; neither any unpopular decision of the Commission nor the right of political Organizations to seek legal recourse in the courts will be voiced publicly in personal or clan terms. 
  17. Before the complaints and conflicts involving Commission and the political Organizations degenerate to public acrimony or legal disputes in the court, both Organizations will give the Integrity Watch Committee (whose terms of reference are attached) chance to intervene, mediate, and arbitrate the dispute. 
  18. The political organizations must not engage in activities that may jeopardize the peace and stability during the elections. 
  19. The political organizations must refrain from activities that may be deemed threatening or offensive when dealing with the Commission; the Commission will likewise refrain from activities that may be deemed threatening or offensive when dealing with the political organizations. 
  20. In the same way that it is the responsibility of the political organizations to ensure that their members understand and enforce this Code of Conduct, it is also the responsibility of the Commission to ensure that their staff and representatives understand and enforce this Code of Conduct. 

Terms of Reference for Integrity Watch Committee

Purpose 

The Integrity Watch Committee consists of members from civil society who are committed to fair, free, and peaceful elections in Somali land. Appointed by the Election Commission in consultation with the political Organizations, the Integrity Watch Committee has no legal mandate or status. Hence, its findings or recommendations are not legally binding on any person or organization including the Election Commission, the political Organizations, and the Government of Somaliland.

However, the Integrity Watch Committee will present its findings and recommendations to the Election Commission which, if it deems necessary, can act on these findings and recommendations with all the legal authority given to it by law. In addition, the Integrity Watch Committee will take the steps described in the two Codes of Conduct concerning on the one hand the agreements between political Organizations and on the other the agreements between the Election Commission and the political Organizations.

In short, the Integrity Watch Committee will serve as a supporting body from civil society that will continually evaluate opportunities for and threats to free, fair, and peaceful election in Somali land. The Committee will also help instill in civil society a sense of participation, empowerment, and ownership in the election process. III addition, the Integrity Watch Committee will monitor infringements of the two Codes of Conduct developed by the Election Commission and the political Organizations. 

Qualification of Members 

  1. Persons appointed to the Integrity Watch Committee are not members of political Organizations; 
  2. Persons in the Integrity Watch Committee will maintain strict neutrality to the competing political Organizations; 
  3. By reputation and record in society, the members have the intellectual, social, and political capacity to carry out their assigned function of serving as observers and evaluators of integrity in the election process; 
  4. The Committee will consist of no more than eleven members and it will have requisite representation in the six regions of Somaliland. 

Functions of the Committee 

The Integrity Watch Committee will assist and support the Election Commission in continually evaluating opportunities and threats to fair, free, and peaceful election in Somaliland. 

Specifically, the Committee 

  1. Will monitor and evaluate to the extent political Organizations remain true to the Code of Conduct they are expected to develop for the election process and results; 
  2. Will monitor financial and personnel resources of the political Organizations and ensure that they consistent with the goal of free, fair, and peaceful elections in Somaliland; 
  3. Will monitor the language and behavior of political Organizations to ensure that all political Organizations carry out their campaigns in ways that advance free, fair, and peaceful elections in Somaliland; 
  4. Will investigate complaints and process these complaints following the steps stated in the Codes of Conducts.

Supervision and Organization 

To reduce the workload on the Election Commission and to advance civil society participation, the members of Committee will have institutional linkage with Academy for Peace and Development, which will provide the members of the Committee training, supervision, management, and secretarial support. 


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