Elected vs. Appointed Guurti‎‎

EDITORIAL

On last Thursday the House of Representatives (Somaliland’s lower chamber of parliament) went on holiday without concluding its fierce debate on whether members of the Guurti (upper house) should be elected by popular vote or through the current system which has until now allowed the clans to appoint their representatives along an agreed upon power-sharing mechanism. Both the House and the public seemed to be divided on the issue.

Proponents of both options invoked provisions in the constitution to support their arguments. Though the constitution clearly said that the parliament should be elected by popular vote, however many people have been concerned that the Guurti might hose its traditional characteristic if directly elected. They argued that while the authority of the House of Representatives was based on popular vote, the Guurti derived its legitimacy from Somaliland’s pastoral democracy. However many Representatives are unlikely to accept the continuation of the existing situation where an unelected Guurti can still have sufficient power to block legislations passed by an elected lower house.

Aware that the opposition would win the majority of seats if Guurti elections were held now, president Rayale has shown an interest in the continuation of the status quo. Back in May he secretly asked the Guurti to extend its tenure to 4 years. Though the Guurti complied, however the controversy created by its decision has poisoned the political landscape in Somaliland.

By bowing to the demands of the executive the Guurti has undermined its reputation and credibility. Therefore not many legislators in the lower house would be expected to become interested in a nomination process liable to manipulation by the executive through government salaried Sultans and Aqils.

However they could change their minds if for instance a clause specifically barring involvement of Sultans and Aqils in the nomination process was included in the electoral regulations. But any legislation on the election of the Guurti should contain criteria for the eligibility of candidacy with the aim of ensuring that only individuals known for their integrity and dedication to serving the community may become members of this esteemed institution.

Whether the Guurti becomes an elected body or remains an appointed one, there must be a number of seats reserved for women and minorities.

The issues of the Guurti’s election and mandate as well as the current restrictions on political participation actually pose critical challenges to the structure of Somaliland’s system of governance. These challenges cannot be addressed unless the constitution is allowed to be reviewed. The 3 political parties must seek but not hinder the required reformation of the constitution so as to pave the way for the introduction of the above changes.

Source: Somaliland Times

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