Issue 264

Why the issue of nomination is important and controversial, when the commission should have been a neutral and non-partisan body? When it should have been enough for the Head of the State to nominate NEC members and seek for a parliamentary approval. What is wrong here? What is the worry?

Perhaps, the President who should have been charged with task of appointing a neutral non-partisan commission is behaving in a partisan manner, merely acting as the chairman of UDUB and future runner of the upcoming presidential election.

The Current Discourse

1. Increase the Size of the Commission?

Argument one: The three political parties are the key stakeholders in the electoral process and should therefore, in consultation with civic groups, have an exclusive role in nomination of NEC members. This argument rests on the premises that the size of the members should be increased to nine, (current NEC membership is seven). Each party should nominate three commissioners. This has been the argument of the opposition parties. Opposition parties had submitted a formal proposal to the House of Representatives several months ago on the issue, which requires review and amendment of the electoral law. Unfortunately the House has failed to do any thing on the proposal of the opposition parties to-date and the issue seems to be in a dead end as the term of the Commission has already expired.

The president and his Udub Party reject the idea of increment of the size of NEC..

2. Change the entire commission?

Argument two: Change all members of NEC once their term of office has expired, because majorities of members of the current commission are old (age-wise), they lack energy and not properly educated.

Consequently, they have to be replaced by younger, better-educated and more vigorous commissioners. This is the position of the incumbent President and he seems to be imposing his will on other stakeholders some of whom appear to buckling down to the weight of the pressure. This argument subscribes to the idea that the number of the commissioners to remain as before (seven).

3. Retain the entire commission?

Argument three: The current NEC has been in business for a five-year term. Despite serious misgivings, NEC had conducted three successful elections and a nation/wide referendum of the constitution. NEC members have accumulated a lot of experience and knowledge, they know how to deal with Somaliland specific problems that are not chronicled in any book in the world, but which, they had, however, acquired through trial and error. The current commission has proved its ability to defuse tensions, resorting to Somali way of settling conflicts, working hard to obtaining consensus to proceed to the task in hand.

Despite the fact, all parties (particularly UCID and KULMIYE) had in the past frequently pointed the finger of accusation at them.

Moreover, this argument considers that it is important to retain the entirety of the old NEC, because changing it is tantamount to throwing the entire institutional memory accumulated for five years of creativity and hard work to the dust pin.

This has been a tactical, revised position of political parties. The President fiercely opposed

4. Charting a middle Course: Haatan iyo Dan

Argument four: Striking a balance between argument two and three by changing part of the commission, which will accommodate:

a) Retention 40% to 60% of the old commissioners for the sake of institutional memory/continuity

b) Recruiting 40% to 60% new commissioners for the sake of injecting new blood into the National Electoral Commission by bringing new more capable people in terms of education and energy for the new term,

5. Other Important Considerations

The theory of the SUNA (unwritten code) states the following:

a) There should be a clan balance in the composition of NEC

b) There should be a minimum women representation in NEC

In the past, the president appointed three commissioners from three specific clans, he has the right to retain or replace them without violating the SUNA or the unwritten code of doing things

Equally the Guurti retains the prerogative to retain the two commissioners it had previously appointed or replace without trampling on the clan equation, likewise the opposition political parties should decide whether they want to replace or retain the two commissioners they brought without messing up with clan and gender balance.

Procedural Matters:

For the National Electoral Commission (NEC) to stand up to the formidable challenges which Somaliland faces, key stakeholders (President, Guurti, opposition political parties), must as a matter of procedure, first agree on the following:

a) Ensure NEC has the trust and the support of all the stakeholders, i.e. a neutral, honest broker and a referee,

b) Composition and selection procedure of members of NEC reflects the Suna, i.e. addresses the clan and gender balance

c) Stakeholders thorough consensus agree on the percentage (%)of old/new membership mix of NEC,

d) Key stakeholders should start a process of negotiation, compromise and good will putting the interest of the nation before the interest of a group, party or clan.

Role of House of Representatives

The House of Representatives must allow a period of reflection, help key stakeholders to negotiate, compromise and avoid hurriedly endorsing or rejecting the list submitted to it. When the stakeholders agree on the technical and representational arrangements, the House of Representative should painstakingly and strictly study the profiles of members that stakeholders have submitted to the House. The House, acting as the bastion of democracy and conscience of the people, should then make sure that the new commissioners are in strict compliance with, both the laws of the land and with the spirit of the Suna or the unwritten code.

It seems that the time has come to meticulously separate the national interest and short term campaigning considerations: Time to allow a period of reflection and stop trying to scoring points against the opponents.

It also looks the fate of Somaliland for the better or for the worse pins on how successful we emerge from the upcoming municipal and presidential elections. This lays huge responsibility on all actors to respond maturely and farsightedly in the light of the prevailing political and security situation in the Horn of Africa.

MP. Abdirahman Yusuf Artan, Hargeisa.

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