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A new report released today by the International Crisis Group (ICG), Somaliland: Democratisation and its Discontents*, says recent developments have made the choice considerably clearer: develop pragmatic responses to Somaliland's demand for self-determination or continue to focus exclusively on the unity of the Somali Republic - a course of action almost certain to open a new chapter in the Somali civil war.

Somaliland declared independence in 1991 and, although not recognised by any country, has followed an internally-driven process of political, economic and social reconstruction that sets it apart from the rest of the country. A plebiscite was held in May 2001 on a new constitution and local elections in December 2002. The closely contested April 2003 Presidential election was a milestone. While the electoral process has not been without problems, Somaliland can claim to be more democratic than any country in the region. ICG Senior Analyst Matt Bryden said: "Somaliland's increasingly credible claims to statehood present a diplomatic dilemma just as southern Somali leaders are meeting to establish a new Somalia government. But its creation would be likely to displace the locus of Somalia?s conflict, not resolve it. And a negotiated settlement is unlikely to bear fruit at this point".

"The solution for the time being may be to grant Somaliland some kind of increased international profile without formal recognition - such as observer status at the UN, African Union and the regional Inter-Governmental Authority in Development (IGAD)", said John Prendergast, ICG's Special Adviser on Africa. "This could help to prepare the ground for eventual negotiations between Somaliland and Somalia".

Meanwhile the Somaliland government should demonstrate a genuine commitment to pluralism by releasing political detainees, withdrawing a restrictive proposed media law, accelerating the timetable for parliamentary elections as a means of widening participation in government and ensuring a full transition to a multiparty system, and investigating human rights abuses.

Donor governments can help by providing training and financial assistance to political parties and exploring options for providing Somaliland with access to direct bilateral and multilateral financial assistance. The UN, African Union and IGAD should also adopt a more open-minded approach to the question of Somaliland?s ultimate status.

EXECUTIVE SUMMARY

Recent developments have made the choice faced by the international community considerably clearer: develop pragmatic responses to Somaliland's demand for self-determination or continue to insist upon the increasingly abstract notion of the unity and territorial integrity of the Somali Republic - a course of action almost certain to open a new chapter in the Somali civil war.

Somaliland's presidential election of 14 April 2003 was a milestone in the self-declared, unrecognised republic's process of democratisation. Nearly half a million voters cast ballots in one of the closest polls ever conducted in the region: when the last votes had been counted and the results announced on 19 April, the incumbent president, Dahir Rayale Kahin, had won by only 80 votes.

A former British protectorate in the Horn of Africa, Somaliland declared its independence from the rest of the Somali Republic in May 1991, following the collapse of the military regime in Mogadishu. Although unrecognised by any country, Somaliland has followed a very different trajectory from the rest of the 'failed state' of Somalia, embarking on a process of internally driven political, economic and social reconstruction. Somaliland?s democratic transition began in May 2001 with a plebiscite on a new constitution that introduced a multiparty electoral system, and continued in December 2002 with local elections that were widely described as open and transparent. The final stage of the process - legislative elections - is scheduled to take place by early 2005.

The electoral process has met with widespread approval from domestic and international observers alike, but has not been without problems. The enlistment of government resources and personnel in support of the ruling party's campaign, the disqualification of numerous ballot boxes due to procedural errors, reports of government harassment and intimidation of opposition supporters in the aftermath of the election, and the opposition?s initial refusal to accept defeat all marred an otherwise promising democratic exercise.

The next phase of the democratic transition will be the most critical: until opposition parties are able to contest parliamentary seats, Somaliland will function as a de facto one party state. Somaliland's international partners can play a key role in assisting the National Electoral Commission to convene legislative elections with the least possible delay, while ensuring a level playing field. Constitutional and judicial reforms may also be required to ensure the integrity of the democratic process over the long-term.

Somaliland's increasingly credible claims to statehood present the international community with a thorny diplomatic dilemma at a time when southern Somali leaders are meeting under the auspices of the Inter-Governmental Authority on Development (IGAD) with the aim of establishing a new Somali government. Recognition of Somaliland, although under consideration by a growing number of African and Western governments, is still vigorously resisted by many members of both the African Union (AU) and the Arab League on the grounds that the unity and territorial integrity of member states is sacrosanct. Furthermore, the creation of a new Somali government emerging from the IGAD process that claims jurisdiction over Somaliland threatens to open a new phase in the Somali conflict.

Diplomatic hopes for a negotiated settlement between Somaliland and a future Somali government, however, are unlikely to bear fruit. A hypothetical dialogue on Somali unity would have to overcome mutually exclusive preconditions for talks, divergent visions of what a reunited Somali state might look like and incompatible institutional arrangements. Failing a negotiated settlement, any attempt to coerce Somaliland back to the Somali fold would entail a bitter and probably futile conflict. The question now confronting the international community is no longer whether Somaliland should be recognised as an independent state, but whether there remain any viable alternatives.

RECOMMENDATIONS
To the Somaliland Government:

1. Demonstrate a genuine commitment to pluralism by releasing remaining political detainees and reinstating any government employees dismissed from their jobs for political reasons.
2. Withdraw the proposed press law and invite the independent media to assist in drafting legislation more conducive to the development of independent yet responsible media.
3. Conclude the formal transition to a multiparty political system with the least possible delay, by setting the date of parliamentary elections within less than twelve months.
4. Introduce legislation providing for reasonable subsidies to all official political parties on an equitable basis.
5. Demonstrate a commitment to human rights by investigating past abuses, taking corrective action against those responsible and introducing new measures to strengthen the protection of human rights.
6. Initiate an independent review of the constitution, with particular attention to the three-party ceiling.
7. Undertake a comprehensive review of the electoral law, based on lessons learned.
8. Introduce legislation to strengthen the electoral process, including penalties for infractions of the electoral law.
9. Commission an independent judicial review, with a view to introducing reforms strengthening both the capacity of the judiciary and its independence from political influence.

   To Donor Governments:

10. Provide party building training and financial assistance to all three official parties in order to prepare them for legislative elections.
11. Offer technical and financial assistance to the National Electoral Commission in order to remedy problems encountered during local and presidential elections, and to assist in the design and implementation of an appropriate voter registration system.
12. Assist the government with other reforms intended to advance the process of democratisation.
13. Increase support for social and economic development in order to enhance the 'peace dividend' and preclude public disillusionment with the democratisation process.
14. Explore options for providing Somaliland with access to direct bilateral and multilateral financial assistance pending a resolution of the territory's legal status.

    To the United Nations, African Union and IGAD:

    Adopt a more open-minded approach to the question of Somaliland's ultimate status, in particular by:

15. dispatching fact-finding missions to assess the current situation and to recommend policy options, with leadership taken by either the AU's Peace and Security Council or the presidential troika (currently South Africa, Mozambique and Zambia) in view of the serious divisions within IGAD;
16. taking Somaliland's demands under formal consideration, including a legal review of the territory's case vis-a-vis the current AU charter; and
17. granting Somaliland observer status pending a final decision on its international status.

Recent developments had made the choice faced by the international community considerably clearer, ICG held in its report. Other countries could now choose between developing "pragmatic responses to Somaliland's demand for self-determination" or continuing to "insist upon the increasingly abstract notion of the unity and territorial integrity of the Somali Republic - a course of action almost certain to open a new chapter in the Somali civil war."

Somaliland's presidential election of 14 April this year had been a "milestone" in the self-declared, unrecognised republic's process of democratisation, the ICG pointed out in its thorough report, released today.

Nearly half a million voters cast ballots in one of the closest polls ever conducted in the region. When the last votes had been counted and the results announced on 19 April, the incumbent president, Dahir Rayale Kahin, had won by only 80 votes.

A former British protectorate in the Horn of Africa, Somaliland declared its independence from the rest of the Somali Republic in May 1991, following the collapse of the military regime in Mogadishu.

Although unrecognised by any country, Somaliland after that has followed a very different trajectory from the rest of the so-called "failed state" of Somalia, embarking on a process of internally driven political, economic and social reconstruction.

Somaliland's democratic transition began in May 2001 with a plebiscite on a new constitution that introduced a multiparty electoral system, and continued in December 2002 with local elections that were widely described as open and transparent. The final stage of the process - legislative elections - is scheduled to take place by early 2005.

- The electoral process has met with widespread approval from domestic and international observers alike, but has not been without problems, the ICG report noted. Several violations of democratic ground rules had been reported.

This had included the enlistment of government resources and personnel in support of the ruling party's campaign, the disqualification of numerous ballot boxes due to procedural errors, reports of government harassment and intimidation of opposition supporters in the aftermath of the election, and the opposition's initial refusal to accept defeat all marred an otherwise promising democratic exercise.

Thus, the ICH held, "the next phase of the democratic transition will be the most critical." Until opposition parties are able to contest parliamentary seats, Somaliland would function as a de facto one party state.

Somaliland's international partners could "play a key role in assisting the National Electoral Commission to convene legislative elections with the least possible delay, while ensuring a level playing field," ICG said. "Constitutional and judicial reforms may also be required to ensure the integrity of the democratic process over the long-term."

Somaliland's "increasingly credible claims to statehood" now were said to present the international community with "a thorny diplomatic dilemma" at a time when other (southern) Somali leaders are meeting under the auspices of the Inter-Governmental Authority on Development (IGAD) with the aim of establishing a new Somali government.

Recognition of Somaliland, although under consideration by a growing number of African and Western governments, is still vigorously resisted by many members of both the African Union (AU) and the Arab League on the grounds that the unity and territorial integrity of member states is sacrosanct.

- Furthermore, the creation of a new Somali government emerging from the IGAD process that claims jurisdiction over Somaliland threatens to open a new phase in the Somali conflict, the ICG analysis says.

Diplomatic hopes for a negotiated settlement between Somaliland and a future Somali government, however, were seen as "unlikely to bear fruit." A hypothetical dialogue on Somali unity would have to overcome mutually exclusive preconditions for talks, divergent visions of what a reunited Somali state might look like and incompatible institutional arrangements.

- Failing a negotiated settlement, any attempt to coerce Somaliland back to the Somali fold would entail a bitter and probably futile conflict, ICG warned. "The question now confronting the international community is no longer whether Somaliland should be recognised as an independent state, but whether there remain any viable alternatives."

The report by the Brussels think-tank gave several recommendations. The Somaliland government was urged to "demonstrate a genuine commitment to pluralism by releasing remaining political detainees." Further, it should withdraw the proposed press law to create a basis for a free press and conclude the formal transition to a multiparty political system "with the least possible delay."

The UN and the African Union, on the other hand, were urged to "adopt a more open-minded approach to the question of Somaliland's ultimate status," in particular by dispatching fact-finding missions to assess the current situation and to recommend policy options.

The international community the should take Somaliland's demands under formal consideration, including a legal review of the territory's case vis-?-vis the current AU charter and grant Somaliland observer status pending a final decision on its international status, ICG urged.

The ICG is a renowned think-tank on international conflicts and has been seen to have large credibility within the UN, the European Union and the US. This is the first time any influential group has recommended the recognition of Somaliland's independence.

In a statement, received by IRIN on Monday (21 July), Somaliland warned Somali leaders and the international community to "abstain from any unfriendly declaration or acts against Somaliland".

"In the event that any person claims to be representing the government of Somaliland and/or its people in the ongoing Somalia peace conference, and in the event that such person or persons are accorded such status, the government of Somaliland hereby officially states that this will hinder any possible future dialogue between Somaliland and any future legitimate government of Somalia (former Italian Somalia) (brackets as received)", the statement said. The Somaliland minister of information, Abdillahi Muhammad Duale, added that Somaliland welcomed any peace deal between the parties "in the former Italian Somalia", but added "this has nothing to do with us".

Some Somali leaders attending the peace talks in Kenya have, in the past, proposed that extra delegates be allocated to represent Somaliland and have repeatedly called for the region to be brought into the process.

Duale told IRIN that Somaliland's position was well-known. "Our position has always been constant," he said. "We have never been part of previous processes and we will not be part of this one or future ones".

"Any claims or declarations of sovereignty over Somaliland by a future Somalia government will be viewed by Somaliland as an indication of hostile intent," he warned.

The Somaliland statement said the authorities were prepared to take part in a dialogue with Somalia "as equal partners, when and if a legitimate, democratically-elected government is established in Somalia (former Italian Somalia) with the full support and mandate of the people of Somalia".

Somaliland, a former British protectorate, declared unilateral independence from the rest of Somalia in 1991, but has received no international recognition.

In a statement, received by IRIN on Monday, Somaliland warned Somali leaders and the international community to "abstain from any unfriendly declaration or acts against Somaliland".

"In the event that any person claims to be representing the government of Somaliland and/or its people in the ongoing Somalia Peace Conference, and in the event that such person or persons are accorded such status, the government of Somaliland hereby officially states that this will hinder any possible future dialogue between Somaliland and any future legitimate government of Somalia (former Italian Somalia) [brackets as received]", the statement said. The Somaliland minister of information, Abdillahi Muhammad Duale, added that Somaliland welcomed any peace deal between the parties "in the former Italian Somalia", but added "this has nothing to do with us".

Some Somali leaders attending the peace talks in Kenya have, in the past, proposed that extra delegates be allocated to represent Somaliland and have repeatedly called for the region to be brought into the process.

Duale told IRIN that Somaliland's position was well-known. "Our position has always been constant," he said. "We have never been part of previous processes and we will not be part of this one or future ones". "Any claims or declarations of sovereignty over Somaliland by a future Somalia government will be viewed by Somaliland as an indication of hostile intent," he warned.

The Somaliland statement said the authorities were prepared to take part in a dialogue with Somalia "as equal partners, when and if a legitimate, democratically-elected government is established in Somalia (former Italian Somalia) with the full support and mandate of the people of Somalia".

Somaliland, a former British protectorate, declared unilateral independence from the rest of Somalia in 1991, but has received no international recognition.

1. Somaliland is not a party to the Somali factions conference in Kenya and resolutions from the talks will not be binding on the Somaliland Republic since it is not participating in Mbagathi talks (Kenya).
2. Only when Somalia achieves consensus and sets up a national Somali government will Somalia and the Republic of Somaliland be able to discuss their common interest.
3. We urge the Italian government not to interfere with Somali peace talks in Mbagathi and not to cultivate enemity on the people of Somaliland who have decided their future.
4. We also wish to inform the international community that the Republic of Somaliland will not accept anything imposed on it, which could bring about negative effects to the Horn of Africa and the rest of the world.
5. We also appeal to the international community to recognize the peace, democracy and statehood which emerged in Somaliland.
6. The three (Somaliland) national political parties will further call upon the Somali factions to reach consensus on Somali politics and set aside their differences for the interest of their people so that peace is achieved in their country.

The three Somaliland national political parties further agreed to have a joint strategy to counter these issues. The statement was jointly signed by the secretary-general of the UDUB Party, Mr Muhammad Isma'il Bulale, the secretary-general of Kulmiye, Mr Daud Muhammad and the deputy secretary-general of Ucid Party, Mr Abd-al-Rahman Muhammad Abdullahi.

The statement said following an assessment carried out by the House of Representatives on political trends, especially on the meeting which is being held in Kenya, there was need to circumvent designs targeting Somaliland and it has decided to support the statement made by the Council of Elders on 9 July (The statement released by the Council of Elders said Somaliland had joined The Somali Republic in 1960 on its own accord and had decided to secede from the union through consensus among its people, citing the peace conferences in Burco and Boorame in 1991 which culminated in the declaration of Somaliland, and the recent referendum approved by 97 per cent of its people. The statement said union with Somalia was a dream and was unattainable. The statement said Somaliland would only consider being a member of a federal republic for Somalis if all regions including Djibouti, Northeastern Kenya and Ethiopia's Ogaden region were members of that union. The statement accused the Italian ambassador to Somalia and the chief mediator at the talks of being antagonistic to Somaliland).

The statement by the House of Representatives said the house was ready to participate in any effort to counter hostilities emanating from the so-called Somali faction leaders.

The International community, the communiqu? said; should be reminded once more that Somaliland was not at any occasion a party to, let alone an active participant in the reconciliation talks southern factions were holding among themselves in Eldoret, then Embagati, of Kenya. None of the resolutions, consequently, reached there, the statement said, were in no way applicable to Somaliland or of concern to its people. In contrast, it said, Somalilanders had, for the duration of the Kenya talks, been praying for the talks to end differently by bringing the protracted hostilities among southern factions, the death and destruction and the incalculable losses they caused over the years to a conclusive end.

If, the statement warned, the principal aim of the talks was to impose a new, more empowered, internationally sanctioned faction over the people of Somaliland and their government as is starkly evident at this stage, the international community may, then, be well advised to contemplate the dire consequences such a rash conclusion would introduce a fresh to the greater peace and stability of region, at large. More likely than not, the statement said pushing Somaliland under an alien, conspicuously inimical, ?foreign? power clique would, definitely, ?endorse an escalation of armed proxy conflicts?, thus preparing fresh ground for further genocides as well as unnecessary civil strife and disability to the peoples of the Horn.

To head off the adverse effects of the Embagati warlords attitude towards Somaliland and the self-determination its people adopted back in May 1991, the Honourable members of the Somaliland House of Elders strongly impress upon the international community to better start noting the Somaliland cause and its right to self determination. ?Or should it be understood?, the Elders said ?that the international community was, in fact, loathe to, and never supportive of the self-determination Somaliland had a right to demand, the self-reliance it had manifested and the peaceful co-existence it effected through years Somalia-South was embroiled in conflict and blood-shed? Or is it that the world would really have loved us in same predicament as Somalia?? ?If not for any of the above the world should find the right responses to Somaliland voices?, the statement said.

The Elders? communiqu?? closed with a short, powerful paragraph calling the government to devise and publish its strategy and policies regarding the on-going offensive against the afore-adopted resolutions on sovereignty and self-determination of the peoples of Somaliland.

The Elders Communiqu?? follows a statement the other half of Somaliland?s bi-cameral parliament - the representatives released a few days back lambasting derogatory, press statements Ambassador Carlo Ungaro, the Italian envoy to ?Somalia?, the so-called ?President? of the Mogadishu-based Arta group, Abdel Kassem Salad Hassan and the incumbent Kenyan Chairman of the Somalia talks, Ambassador Kiplagat for sometime in the recent past, been, apparently, increasingly growing fond of making. The representatives made clear; too, that Somaliland had a greater score to settle with Somalia (South) after they, hopefully, settled their own among themselves, first.

The KULMIYE and UCID opposition parties, however, co-released a joint response to the warlords; Kassem, Ungaro and Kiplagat et al conspired denunciations of Somaliland sovereignty.

The outside world, on the other hand, chose to remain a nerveless bystander, passively letting a Pandora?s Box the Ungaro Company ltd statements were forcing open proceed. Even the placards Mogadishu civil society actors were waving aloft for all the world to see, which blatantly compromised their non-political nature by stridently shouting on and on ?Somalia unity is sacrosanct!? has not awakened the world to a Somalia conspiracy against Somaliland.

Mr. Nouh, also, the acting Director of the only public Library in Hargeisa, told The Republican, Friday, that the library had to extend its free lending and reference services to wider users in and around the city, and that this could only be achieved in partnership with public spirited stakeholders, the government and the newly elected Local Council of city. ?To date, the only input the central government has contributed towards the establishment of Library - the building which houses it - still remains its most valued asset?, Mr. Nouh said.

The offer of use of building was made them, he said, through the good offices of the late President of Somaliland, Mohamed Haji Ibrahim Egal. ?The only other occasion assistance outside its founder Ahmed Yussuf Ismail Samatar and his contacts came the library was began with a visit a single user made to the library in November, 2002 - a visit that began innocuously enough but of which effect had done wonders for library while it lasted contribution Ms Mary Enright, Ireland, put into motion from then on began he said with an intervention she made on behalf of Library with the ICD office here which helped accomplish a measure of structural rehabilitation jobs, paid for a number of library book shelves, purchase of chairs and stationery and paid for bills settling technical repairs and updates made to the library computers and photocopier. ?The library is most grateful to these two personalities who initiated and delivered contributions that they could muster within their abilities for the use and benefit of all?, Mr. Nouh said.

The library has been gathering popularity since its inaugural opening date in June 2002. ?In May and June of this year, alone, the library lent out 556 books to users. For the same period, 1666 others have made use of its reading, reference facilities without taking out books?, he said.

The Gandhi Public Library is open from Saturday to Thursday.

At a ceremony marking the occasion, held at Ming Sing, here, on July 3 the trainees - all of them girl, were given certificates detailing in what areas members of each group were being honoured for attending and completing the courses designed and delivered on the duration of training.

One of the two groups, numbering a total of 35, altogether, successfully completed the first phase of a 3-year program that NOVIB was supporting.

According to Ayan Omar Abdi, the project manager, the group have reached a stage where they could be honoured for taking full advantage of skill courses they have taken in food processing, tailoring, knitting, health, business management, Somali language and mathematics.

The girls in this group were selected from Family Life Education Centres (FLECS), which traditionally ran such courses, in the past, under the auspices of the Ministry of Education.

The second group, 40 more, attended tailoring courses, and was sponsored by OXFAM GB.

Ms Edna Adan Ismail, the leading honorary guest at ceremony told the graduating trainees that what they have achieved and were being acknowledged for, was of no mean feat. ?My first footsteps into the path that led me away from the childhood comfort of home pointing out the way to where I stand today as Foreign Minister to this great nation was started by a training in knitting and food processing I signed for?, she said - she went on to regale her young fans with stories that highlighted how a combination of determination, motivation, hard work, singleness of purpose and a constant quest for further, higher goals were what made life worth living.

Ismail Mohamed Ahmed, Acting Executive Director of HAVOYOCO, officiating the award-giving occasion urged trainees to put what they have learnt to good use by providing for themselves and their families through the skills they have gained.

Ms Fatima Saeed Ibrahim and Ambassador Sa?ad Sheikh, present, also, added their views to how they saw the skill trainings the graduates just came through - and what and where this first step would potentially lead to those who kept their futures focused.

?Somaliland, surely, owes much to an independent press that considerately helped it across treacherous grounds to safety unruffled and a much better, stronger entity for the experience?, the officer, conveying the formal standpoint of the journalists association on the issue, said. ?No self-respecting court?, the officer said tapping a faxed report of the proceedings, ?can justify a sentence as severe or as disturbing as that it handed down the reporter last Wednesday, which seem to have been plucked off from an altogether different, more serious case?.

SOLJA, the officer said, sincerely hoped that the serious miscarriage of justice which, as reported, took aback the two sides in the case and the generally public alike, would adequately convince those honourable members of the Parliament who believed that freedom of expression as practised by an independent press and an intolerant, asphyxiating environment as that systems with more skeletons to keep hidden than transparent leaderships favoured.

The Association statement reached The Republican desk the same day another the Editor-In-chief of the 6-day Jamhuuriya newspaper, the oldest, most popular Somali paper in Somaliland, published on that Paper?s Friday edition.

The Editor, to whom regional bureaus directly reported, called the Erigavo trial of reporter Absiyeh ?unjust? and ?unjustified? in light of the relative substance of the light charges levelled against reporter

The Chief Editor, Hassan Saeed Yussuf, said his paper would appeal against the court decision and that the paper would, simultaneously, start a litigation process against the presiding judge to justify or flounder in his own interpretation of the law.

Publication of the Jamhuuriya report, also, coincided with a news despatch the BBC Somaliland Correspondent, Mr. Ahmed Saeed Egeh sent the service?s Somali section same day.

Together, the newspaper article and the BBC report, repeatedly broadcasted over all the Somali airtime slots, Friday, hammered the case of the independent press vs. ills inherent in a state controlled press effectively home, awakening many to how fast the flow of information was going to be shackled in irons if a press law such as that the incumbent government was trying to push, presently, through Parliament was passed.

The public, going by the spontaneous reactions people showed on reading or hearing about their case, seems to be just awakening to the fact that their first, democratically elected administration was seriously practising the art of state intimidation, and specially so soon after it was installed on their votes.

People kept reminding each other through out Thursday and Friday other indicators of a miscarried democracy and justice as manifested by administration.

Issues that recurred most often in conversations noted, relating to this latest case, were:

1) Another government instigated case designed to tie up a sister paper - Haatuf - in a lawsuit that charged it with - again - misrepresentation of facts.

2) The published insistence of Honourable speaker of the representatives Ahmed M. Adan ?Qaybeh?, to teach the independent media for, ostensibly, questioning the legitimacy extension of term the Elders of gave them; for publishing articles and documents detailing his opposition to the sovereignty of Somaliland in years not so distant, and by, allegedly, giving space to the views and programs of opposition elements.

Whatever course the government - proposed press law which Journalists Associations, other professional organizations, the Somaliland Forum and intellectuals all stand opposed to, the June 9 Erigavo court case which ruled that reporter had to be given a one-year prison term plus a six-month ban from earning his pay plus all the other government missteps which included imprisonment of people for their political views -definitely train brighter floodlights in government intentions and competence to govern.

The funds were provided under the auspices of the Ambassadors? Fund for Refugees in Africa, an initiative of the U.S. State Department?s Bureau of Population, Refugees, and Migration. The Ambassadors? Fund help to fill gaps in on-going refugee support programs that are not already being addressed by the UN High Commissioner for Refugees (UNHCR) in recipient countries.

The report is mainly positive and praises Somaliland?s achievements and political maturity. It is relatively extensive and discusses many aspects of Somaliland?s system of governance, political background, Human Rights Situation and so on. In addition pointing out weaknesses in the Judiciary, the Nordem team is critical to certain clauses of the Constitution, the restriction of the press freedom and the practice of the police and custodial courts. They are particularly apprehensive of the shortcomings of the police and custodial courts and argue:

Quote: The police forces and custodial courts are seriously lacking resources as well as being badly equipped for carrying out investigations; shortcomings that in some cases may cause badly founded prosecution, as well as inappropriate detention and conviction of individuals. Unquote:

The report is quite comprehensive and contains in depth analysis of the election procedures and the political institutions of the country.

Full text of the report is available from: http://www.humanrights.uio.no/.Follow this link: Somaliland: Presidential Election 2003, on the left side of the page. The Institute told me that the report will always be available from their website. It may, however, after sometime, be moved from active pages and into the archives. Search then with: Presidential election or Somaliland and election or different combinations of Somaliland, presidential, election and so son.

Please disseminate

Ahmed H Nur, Wakiilka JSL EE Norway

Somaliland: Presidential Election 2003

NORDEM Report 08/2003

Preface

Introduction and Executive Summary

Political Background

^[1] Even when the rebellion started in the North, the main target was to liberate the whole of Somalia; Interviews with six former leaders of the SNM Conducted in Hargeysa October 1998.
^[2] According to most sources all Hawiyes left in 1986 after the showdown between Ali Wardigly and Silaaniyo. Nevertheless, one of the observers met and interviewed exiled Hawiye leaders that stayed in the organization until 1989, as Abdi Daher, youth leader of SNM in Calcutta.
[3]An additional number of South African mercenary pilots participated in the campaign. Government militia recruited from the Ogadeeni clan “searched” the countryside for rebels and killed randomly in the process. ;The estimate of the casualties is taken from Ahmed, Ismail I and Green, Reginald H.(1999): “Heritage of war and state collapse in Somalia and Somaliland”, Third World Quarterly 20:1, page 120
^[4] The singular form of Shir beeleedyo is Shir Beeled, Abdirahman Ahmed Ali was chosen as the first President of Somaliland because he was at that time the chairman of the SNM.
[5] The concept of Somaliland today enjoys considerable support from the local population, as shown by the May 31, 2001 referendum over a constitution that stipulated independence , It was a referendum where 1,148,940 of the 1,188,746 registered voters voted for the constitution The Initiative and Referendum Institute, a non profit Washington based organisation, monitored the election and found it to be free and fair. The groups homepage is: http://www.iandrinstitute.org, the report is still available on the internet.

The System of Governance of Somaliland

The Constitution

The Executive Power

The role of the Guurti

The House of Representatives

The Judiciary

The Human Rights situation in Somaliland

^[6] The House of Elders’ failed attempt at mediation before the preliminary result of the elections was announced by the National Election Commission April 19, 2003, was also widely seen as an unasked for interference into the work of the independent electoral commission, where the HoE did not fully understand their role. However, the Guurti asserted that their only aim was to mediate in a situation that potentially could lead to a post-election conflict.
^[7] The Judicial Commission is composed by 3 senior representatives of the Supreme Court, the Attorney General, D.G of the Ministry of Justice, the Chairman of the Civil Service Agency, 2 members appointed by the HoE and two appointed by the HoR.
^[8] Ibrahim Hashi Jama, Somaliland Forum web-site “The Somaliland Supreme Court and the Presidential Elections” May 2003
^[9] Partly because of this lack of confidence, the public still strongly supports the traditional means for conflict solving, where the clans’ elders are called to mediate between the parties to the conflict. Outside the cities, as many as 90% of conflicts of both civil and criminal nature are solved outside the formal courts. In towns, the existing hybrids between the traditional and state court systems create a confusion that in the outcome might affect the final outcomes of conflicts. In addition, a semi-recognized religious court system exists, where the religious leaders, the Sheikhs, make decisions particularly in family matters such as marriage, divorce and heritage covered by the Sharia. The religious courts are in general considered highly skilled and they enjoy a high level of confidence.
^[10] Before the war, four Christian churches existed in Hargeisa. Currently, no churches are working and only few Christian families remain, although Christians have previously held central positions.
^[11] The morning of April 20, a group of Kulmiye supporters consisting of women and youngsters gathered in order to protest the result in front of the NEC. The observers’ team has a reliable witness report from one of the participants, a woman of 34 who participated in the event. According to her statement, the group had first turned up outside Silaanyo’s home to express their support. Silaanyo himself had urged the supporters to be patient and go home, but angered, they continued to the main street close to the NEC. There, they were met by police forces that shot in the air to spread the crowd of approximately 60 people. The woman ran together with the other demonstrators in the opposite direction, and tried to hide in a yard. However, she was caught up by a uniformed member of the police force who soon was accompanied by several of his colleagues. The girl was badly beaten, and brought to the police station together with some 7 – 8 other protesters, a pregnant woman had also been beaten. The woman was let out of prison shortly afterwards having pretended to be a relative of the beaten pregnant woman who needed medical care.

Somaliland, Traditions and Demography

Nomadic emigrational patterns

^[12] Estimates of the population vary between 1.02 million and 3.5 million, inn all estimates nomads are said to make up a large proportion of the total.
^[13] Ahmed Alazhari was the former head of the Horn of Africa Business college in Hargeisa
During the early years of Somaliland the different positions in the government were distributed according to a clan based formula, as a way of appeasing the different clans.

The Legislative Framework

Overview

Legislation related to the presidential elections

The Regulation of Political associations and Parties Law (14/2000, PPL) and the registration of candidacy

^[15] Notably the laws that were in force in 1960, and later Somali laws that are being harmonized within a Somaliland context.
^[16] With exception of the Isa clans that have traditional laws differing from other clans’ laws on major aspects. In case of a conflict between a member of the Isa clan and other clan – a common solution would be found through negotiations.
^[17] This means in fact that naturalized citizens may not have the right to vote. However, this is probably not the intention, and one of the very few naturalized citizens was indeed reported to the observers as allowed to vote.
^[18] See more about the registration of political parties under next headline.
^[19] The amount is fixed to 1 000 000 Somaliland Shilling, approx. 140 USD.
^[20] See Recommendations

The Electoral Administration

The National Election Commission

The Lower Level Electoral Offices

The administrative preparation of the elections

Monitoring the campaign

Security measures

Ballot papers

The role of Political Party Agents

^[21] The opposition parties who had the right to nominate candidates for the NEC, consisted at the time of all registered political associations, not only those three who gained the right to be registered as political parties after the Local Council elections in December 2002. Only the UDUB party could not propose candidates for these posts.
^[22] See however some related reservations under the headline “Political Party Agents”
^[23] See more about this under VII.
^[24] E.L. Art.32, 1.,2., 56, 1b), 63

Voter and Civic Education

^[25] A total of approximately 7 500 citizens were trained through these projects.

The Role of Women in the Presidential Elections

^[26] HORMOOD placed ultimately 2 women on the list, and UDUB ultimately none. Kulmiye placed two women, UCID one and Sahan one. Asad had none.
^[27] The promises the parties made were: KULMIYE 10-20% parliamentary seats, a number of Director General positions. UCID: 10% parliamentary seats.
^[28] See more on this under "Electoral Campaign"

Civil Society

The Political Parties of Somaliland

From Political associations to Political Parties

The Parties:The government, The UDUB (United Democratic people's Party)

KULMIYE (The Gathering), the strongest contender

The UCID party (the Justice and Welfare party)

^[32] Yasiin Mahamod Heer “Fardoon” (Bent finger) was perhaps the president’s strongest card to achieve this goal. He was the only one of the “Ballot box” ministers that lacked a background in any of the political organisations that participated in the December elections. He had however been a member of the first government of Egal, working as a health minister from July 1993 to November 1994. More important, he had been a representative for the Dolbahante clan at the big clan gatherings of the early nineties. In 1996 he also became a member of the parliament. It was widely believed that a Garad, a traditional clan chieftain in the Dolbahante clan, pressured the president to make Yasin minister. The Garad in question, Ismael was the 7th Garad of Dolbahante, from the Yama Siad sub clan, and the eldest one of all the seven, thus enjoying huge respect in Sool. The appointment was thus a strategic move to gather support among the Dolbahantes. Another minister Aniisa Haji Hassan, had a background from UDUB, thus his appointment had nothing to do with any strategy focused on the inclusion of the pre December political organisations. However, he was also from the Warsangeli clan and thus the perfect candidate for the post as minister of Sanag. Again this appointment was mostly due to the wish to strengthen Somalilands control of the eastern regions. Nevertheless, political reasons still influenced the appointments, the second minister for Sool, Foad Adan Ade, also a Dolbahante, had a previous background as deputy chairman of the ASAD party. Amhed Mahmod Farah, another minister of state also had a background from ASAD, thus even the second wave was influenced by electoral considerations.

^[33] Muhammed Barood, a member of the UFO group, a group that started out as a non-violence oppositional group under the Barre Regime and had formed a vital element in the HORMOOD party, became KULMIYE Executive officer to the Region of Hargeysa. The UFO group had been started in the early eighties as a self-help group; it soon became regarded as oppositional by the Barre regime. It is a popular joke that they were arrested for cleaning the sewers of Hargeysa hospital.
^[34] It did however attract some very notable politicians, such as Mohammed Hajji Elmi, the popular ex major of Hargeysa, however the latter kept a low profile and gave voting support only.
^[35] Many of them also shared a background from the Somali Salvation Democratic Front (SSDF).
^[36] Abdiraman Aw Ali “Tolwa”, joined Suleiman Mohamed Adam ”Saleban Gaal” and his party ASAD. Mussa Bihi joined SAHAN, however he later left them, Kahin joined KULMIYE.
^[37] NSS was former dictator Siad Barres dreaded security apparatus
^[38] Some also included Mr. Ahmed Adan Qaybe, the Speaker of the House.

^[39] He was by many named the “Sadat” of Somaliland
^[40] This point became a hot issue after the first election, sources supporting him claim that he saved many lives when working in Siad Barres National Security Services, this by being lenient. His political enemies, stress that he acted actively to suppress the opposition in Somaliland, applying harsh methods.
The vice presidency was usually given to a member of the Gadabursi clan
^[42] The presence of these two in his government also did much to reduce the perception that UDUB governance was NSS governance. Both fought the Barre Regime intensively, Siad Barre had imprisoned Edna Adan and Abdillahi Mahmmed Duale had been an active member of the SNM. Duale was not the only member of the government that had fought the Barre regime, the new Minister of Defence, Ismael Umar Ahmed “Boos” , also had a SNM background. The Minister of Reconstruction and Reconciliation Abdilahi Hussein liman “Darawel” had also been fighting the Barre regime and worn the uniform of an SNM soldier, however, the later had joined quite late in the struggle.

^[43] He is the sponsor and supporter of the Committee to Guide and Inform on Good Behaviour, an organized WAHABI group that tries to prevent westernisation of the Somaliland society by blocki