Part III The role of the National election commission for the current standoffs

Written by Ibrahim Saed Hussein

If National election commission (NEC) unable to organize and conduct free and fair presidential election periodically in Somaliland, if this problem is frequently happening in the political ground, if the mandate for the current president is regularly extendable after its expiry and  the opposition parties threatening that tolerance proactively is ending, and  a solution is not yet harmonized. In this case, who presumably is to be blamed for the ongoing misfortune?  NEC is blameworthy to election related standoffs as institution and as individual; they failed to undertake not only single assignment but the enormous duties that the constitution assigned to them. Let me briefly inform you  the overall constitutional duties that either is not accomplished fully  or poorly performed by the commissioners they are summarized in below;

1.       Undertaking the registration of the voters

2.        Setting the dates of the election

3.        Setting the number and the location of the polling stations;

4.        Appointing the staff of the Central office and those of the offices of the regions   and districts and polling stations;

5.        Conducting and oversee the election

 In this case, let us take one by one of the above described jobs to be able understanding how the NEC members neglected to achieve the collective responsibility that was constitutionally assigned to them.  

1-Undertaking the registration of the voters

The opposition parties might possibly argue the validity of the recent biometric registration that was conducted across Somaliland, as they have complimented to the results. Generally speaking, I can say without hesitation that the project of biometric registration had failed broadly. My argument is based on several points; A- the registration that was done sidetracked to conform for the voter’s registration act. B- Flawed system of registration C- the administration of the registration process was ineffective, not transparent and dominated by Inter-peace.  NEC chairperson discarded the voter’s registration and indicated it has failed; this is another justifiable argument which supports my argument.  Let me give you brief details of each reason of why the registration had failed.

A-   The registration that was done sidetracked to conform for the voter’s registration law 

The voter registration act that was a challenge for NEC implement biometric registration system in Somaliland, it was amended by the legislators to unblock restrictions that was impeding the act to be translated into the practical. Later on, the amended act was not properly followed. The registration was abused as it was registered Ineligible voters, multiple registration was reported across Somaliland, the guidelines in the act was not implemented properly the data was entered into the computers impartially (fingers was not printed, photos was not taken)

B- Flawed system of registration

The objectives of the registration process were to be legitimate, accurate and credible that enables NEC conduct free and fair election across Somaliland. Therefore, the recent process of registering the voters was not conferring the legitimacy, credibility and accuracy of the voter’s lists; conversely it would not be possible for NEC hold an election that is free and fair.

C- The administration of the registration process was ineffective, not transparent and dominated by Inter-peace.

The overall administration of the registration process was dominated by Inter-peace which took the role of the NEC. I don’t know if there was a Memorandum of Understanding (MOU) that clearly states the roles of Inter-peace as well as NEC. Pre- voter registration, the bid administration was also not transparent and domineering for inter-peace at the expense of gentleman agreement reached by inter-peace and some of the NEC members.  NEC members accepted small share at the cost of their responsibility while the nations waiting performing the constitutional obligations assigned to them. During the registration process, Inter-peace was dictating the overall process. Egg. The commissioners except the chairman  were sent to fields as staff, instead jointly commanding the operation of the registration in headquarter, the staff of the registration was trained, paid by inter-peace, the company that was administering the registration pulled its staff from Somaliland which can be attributed major factor that registration process failed. Post registration process, while NEC supposed  to produce the final lists of the registration,  they were struggling surviving to stay in the post by expelling Inter-peace from the country; I am saying without hesitation if Inter-peace would have not  recommended the replacement of chair and vice chairman form the NEC, no one could have suggested their expulsion 

2. Setting the dates of the election

Do you remember who set the election date for 27th September 2009? Guurti was the one that has set this date opposing to the date that was set by NEC which was July 2009.  an institution that is unable to set the date of the election does it worthy running the election process? I leave this question to you.

3. Appointing the staff of the Central office and those of the offices of the regions   and districts and polling stations;

The first task that was performed by the NEC was appointing the staff of the election at central, regional, district and polling station levels. Do you remember that it was discarded all of them after commissioners time was consumed, costs were paid and efforts was used, because of UDUB party perceived them as impartially. This was a test their effectiveness and efficiency but all key stakeholders paused and procrastinated in addressing the problem because they argued that  was not urgent while registration process was suppose to come first before an election but I can attribute the mistake that was committed at that time is the product of the current conflicts and ineffectiveness.

Way for ward.

1-        National election commission act should be developed that comprehensively addressing all issues that is necessary in finding effective and efficient institutions and commissioners

2-        The current commissioners should be replaced immediately to new commissioners that administer the upcoming elections

3-        political parties should address to the election related  problems before they turn into negative consequence

4-        Inter-peace or any other donor agency should be clearly stated its role and they should not be allowed to exercise the rights and responsibility of the NEC.

Email:ibrahimkhadar@hotmail.com

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