Issue 289

London, July 28, 2007 – Building a democracy in an unrecognised country with very limited resources is not easy, but Somaliland has already done what many thought was imposible. Three popular successful elections have been held and we are just approcahing the next round of elections. This remarkable achievement in a region where democracy is not flourishing must not be be undermined by preiciptous actions on the part of the Somaliland Government.

We have chosen (undertandably because of the 1960s experience, but wrongly in our view, as we have said repeatedly before) that we will have a constitutional limit of three political parties, but there is nothing in our constitution or laws that says that these parties will forever be the current three (UDUB, KULMIYE & UCID) which suceeded as being the top three political associations in the last 2002 local elections. Now that we are approaching another set of local elections, the leaders of QARAN political association and, so far, two other declared associations, are not challenging the constitutional three party limit but are saying that they want to exercise their constitutional right to association and to be given the chance to contest the forthcoming local elections in December 2007.

They argue that there is no law which stops from doing that and that it is the Government which is breaking the law and the constitution by not re-setting the political associations registration committee which was disbanded 6 months after the 2002 local elections.

Whether one agrees with them or not, it is utterly unaccepatble for citizens who are seeking to exercise their constitutional rights in a peaceful manner, to be told in writing by a Minister who belongs to one of the three parties that they are criminals, and then to be sent to jail. The Chairman and the two Deputy Chairmane of Qaran association, Dr. Maxamed Cabdi Gaboose, Mr Maxamed Xaashi and Mr Jamal Aideed, have today (28/07/2007) been sent to Mandhera Jail, and will, no doubt, feel that they have now become Somaliland’s first political prisoners.

condemns unreservedly the imprisonment of the three citizens and asks that they should be released immediately and without any conditions;
warns that, as there are no offences set under the Political parties Registration Law (law No14 of 2000), any attempts to try these citizens for “offences against the state” under the old Penal Code will be unacceptable;
asks that the permanent committees of both Houses of Parliament to hold joint hearings (by inviting representations from Qaran and the other associations, the political parties and civil groups) about the pros and cons of appointing a new political parties registration committee under Article 2 of Law No: 14 of 2000 and report jointly to both House within 4 weeks;
believes that it is a basic tenet of democracy that limitations in participation in elections must, in principle, be kept to the minimum necessary in a democratic society and confining all elections, for ever , to be contested only by the current three parties is contrary to democracy and human rights;
calls on the Somaliland Government to refrain from imposing any restrictions on citizens rights to freedom of association, assembly and expression ; and to avoid labeling anyone who criticizes it as harboring anti-Somaliland tendencies;
exhorts all citizens, and in particular those who are planning to form new associations, to continue safeguarding the peace and public order ;
asks the Government to take immediate steps to strengthen the independence of the judiciary, and in particular, the president to sign the Organization of the Judiciary Bill which has been stuck between the two Houses and the President for the last 3 years; and
Encourages the two Houses and the President to take all necessary steps to ensure that the forthcoming elections are held on time.

The Somaliland Forum is a non-partisan independent think-tank that brings together Somaliland citizens in the Diaspora, who supports the sovereign, democratic and independent Somaliland. The Forum helps Somaliland Communities and friends around the globe to work together and contribute to the socio-economic and political development of the Republic of Somaliland.