Part IV - The role of the house of representative in the current standoff

Let me just say that I have an enormous amount of respect to house of parliament

The only parliament that was elected by the people in 2005 was in conflicts since its inception with other branch of the state. Going back to my previous articles I stated that if the responsibility of the current problem might be divided to its actors, the executive could have received a big portion. If again the problem is to be divided to its actors what share could the legislators be received? The legislators could have received being the ingredient that the current problem is constructed I have key evidence for my allegations over their share and they are as written below:-

1-       improper utilizations to their powers and responsibility

2-       Internal negative conflicts is a sign for poor governance in the house

3-       No comprehensive laws for the election

1-improper utilizations to their powers and responsibility

The confirmation of the appointment of the NEC’s members

It is common for human being discovering the critics of others while his own is huge, the National election commission (NEC) whom are the source of the current problem were confirmed their appointment by the house of representatives, therefore, they had created the problem by approving weak and ineffective commissioners, beyond this, there is not separate and comprehensive act that broadly stating the key requirement of that institution. Before I comment the act itself, I would like to mention that NEC is addressed a chapter in the presidential and parliament election law, while, most of the countries have developed a separate and comprehensive policy and procedure for their electoral commissioners. The sad thing is that even that chapter is not comprehensive, guiding and responsive to be accepted as an act. Good example is that the structure of the NEC in that act compare to the structures of electoral commissioners in South Africa, Ganna and Tanzania you will notice that the source of the problem is that no effective guiding and comprehensive rules that was developed for Somaliland NEC members and as it is being an institution.

In the approval process, there was also a scandal of nepotism that was exercised by the legislators which they approved those clans from the central trips and rejected by the two nominee that was selected from the corner clans. This scandal created a conflict not only with the executive branch but the house of elders which appointed the two rejected nominee. The latest confirmation scandal happened in the representatives was that a report presented by one of the sub-committees saying that a commissioner (Ahmed Bidar) has got good qualities of being honest, fair, not deceptive and transparency and on the other hand, he plead to other parliamentarians to disqualify Ahmed from the commissioners, for a single reason of not being a good team player:- This contradictory statement can be analysed that if Ahmed was a corruptive, dishonest and had got bad quality he might have been a team player and a parliament voted the disqualification of that praised member, can they be guilt free. Does this parliament worthy giving the public support? Or are they worthy being sacrificed for the two lives? No they don’t

2-No comprehensive laws are there for the election

As I was told the present parliament has approved since its inception fourteen acts that have satisfactorily finished different stages of approval, voter registration act are among those acts that have completed the different stages of the approval process. beyond this, it is among few laws that come into force. It needs to be reviewed based on the outcome and experience that was received from the implementation of the registration law. addition to this, the law has a short coming on particular issues that are central to the current problem; there is not provision that prohibiting for the voter register more then once, the penalty to those people registering more then once, the role of donor agencies in administering the registration etc. The security aspect of the registration process is not addressed in that law and it requires chapters in the law that addressing the security of registration process. On the other hand, the National election commission (NEC) needs a separate act that dealing with all matters that concern to that institution regardless the technical and human resources aspect ( NEC is addressed a chapter in the presidential and municipality law). In the above scenario the house of representatives neglected their responsibility in the electoral process by not arranging either comprehensive laws or did not review the existing laws for the elections

3-Internal negative conflicts is a sign for poor governance in the house

One of the eight characteristics of good governance is consensus oriented:- consensus oriented is a mediation of the different interests in the society to reach a broad consensus in the society, and able to address on what is in the best interest of the whole community and how this can be achieved. Let us therefore apply this character in the present house of representatives:- is there consensus oriented condition in the parliament ? the current parliament are divided into two lines; opposition and ruling party. Although there are some representatives who shifted their original party to joined along opposing party’s group but this is not issue based groups that their collision is built on that issue, sometimes this has affected the discipline to expression of their opinions; they used to insult the national figure heads as they insult themselves, sometimes they fight with each others. Lack of consensus among the divided parliamentary has given a hardship for them accomplishing a task that is based on best interest of the society instead of representing the interest of their party.

Way forward

a)       evaluate the outcome of the voter registration project

b)       review the voter registration law that will be based on the outcome of that evaluation

c)       develop NEC an act that comprehensive addressing institutionally, technically and individually

d)       Establish election committees in the parliament that carefully monitors the election process.

e)       establish consensus oriented among the representatives

f)        the confirmation process should be done in accordance to best interest of the society

Written Ibrahim Saed Hussein

ibrahimkhadar@hotmail.com

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