Preparation And Presentation : Garyaqaan Muuse Yuusuf

Editing SOLLA ExetuveDirector: Mokhtar Osman

Overview of Somaliland's Electoral Legal Framework

Somaliland's electoral system is built on a strong legal foundation that emphasizes democratic values,
transparency, and fairness. Key milestones include the shift to direct elections in 1957, 1959 1960 2002
and subsequent successful elections, such as the House of Representatives in 2005 and 2021, Local
Councils in 2002, 2012, and 2021, and Presidential elections in 2003, 2010, and 2017. These events
highlight Somaliland's dedication to maintaining the integrity and legitimacy of its electoral system,
reflecting its progress and commitment to democratic governance.

Background on Somaliland’s Electoral System

Somaliland’s electoral journey is deeply influenced by its unique historical context, marked by a struggle
for independence and self-governance. The development of its electoral laws underscores the nation's
dedication to creating a stable democratic system that aligns with the aspirations of its people. This
commitment is evident in the evolution of electoral laws that prioritize democratic principles,
transparency, and fairness in governance.

KEY MILESTONES:

Legislative Council Election (1960)

● real history at the beginning of the elections in Somaliland.

● After the forest and reserve area was handed over to the British In the kingdom of Ethiopia, a
strong movement was created for the people of Somaliland independence. And the British
government started making Somaliland a Legislature (Legislative Council) which includes
members from Somaliland. For more than two years the British administration and the colonial
office in London discussed the manner in which the activities of the Council were to be carried
out.

● Finally, in 1957, a six-member Legislative Council was formed. Somaliland members and 8 British
members. The six members of Somaliland were appointed The governor of Somaliland. He chose
 one person from each district. That's it which caused several communities to argue that their
community should not be included in the Council. The SNL party is in opposition He argued that
the Council was serving the interests of the colony, since the people did not come elect the
members of that Council. This issue caused the British who ruled Somaliland to change the
structure of the Assembly did. It has been allocated to increase the number of the Council to 14
members from Somaliland and 17 English.
The members of Somaliland should be 12 elected members, and the remaining two The mayor
appoints by filling the clans with members who cannot be elected, so as to balance of
Somaliland clans. The election was scheduled for the month of March in 1959. An election
commission (commission of inquiry) has been appointed, which advises on the manner of the
election appropriate, and the method of dividing the 14 members of Somaliland into 6 districts
in the country, considering how the members of the participating clans are balanced. That
committee consisted of 3 British people and two Somaliland people namely MOHAMUD AHMED
ALI, and MICHAEL MARIANO.

● Historically, Somaliland held its first electoral legislation during the 17 February 1960 Legislative
Council Elections. This significant event marked the first legislative election of its kind in the Horn
of Africa, setting a precedent for democratic governance in the region. The number of seats of
the Legislature of Somaliland, procedures, voting, in-house elections, etc. were based on a very
comprehensive text embodied in articles 16 to 38 of a draft first Somaliland Constitution that,
however, came into legal effect on 26 June 1960, coinciding with the new republic coming into
maturity as an internationally recognized, sovereign state among its peers in the world.

Early Foundations (1991-2003) Milestones:

The Transition Government of the SNM: May 1991 to May 1993

● From May 1991 to May 1993, the SNM transitioned leadership with Mr. Abdirahman Ahmed Ali
(Tuur) as President and Mr. Hassan Ease Jama as Vice-President with transition of two years
office term. Somaliland's people focused on grassroots peacebuilding efforts, which began
before the Grand Conference, and worked towards rebuilding state institutions.

Traditional Government and the Interim Constitution: 1993 to May 2002

● From 1993 to February 1997, Somaliland operated under a traditional government system
established by the 1993 National Charter. A Grand Conference held from October 1996 to
February 1997 led to the adoption of an Interim Constitution, which remained in force until May
2002. This Interim Constitution introduced a presidential government system with a directly
elected president, an independent judiciary, and elected district and regional councils,
emphasizing decentralization. The period was marked by political tensions, particularly around
concerns that President Mohamed Ibrahim Egal was attempting to manipulate the electoral
process to maintain power.

The Adoption of the Constitution (2001)

● Constitutional Referendum and its Impact: In 2001, Somaliland adopted its Constitution
through a public referendum, which was a landmark event in the country's history. The
 Constitution enshrined the principles of democracy, including the right to vote, freedom of
association, and the establishment of an independent electoral commission. This event marked
the formalization of Somaliland's commitment to holding regular, free, and fair elections as a
cornerstone of its political system.

Presidential Succession and Constitutional Provisions: May 2002- April 2003

● When President Egal died on 3 May 2002, the Interim Constitution’s Article 89(2) was invoked,
allowing Vice-President Kahin to assume the presidency and appoint his own Vice-President,
Ahmed Yusuf Yasin. This decision was made instead of following Article 130(4), which would
have had the Speaker of the House of Elders assume the presidency temporarily and required an
election within 45 days. The choice of Article 89(2) was controversial, given that the first
presidential election had not yet occurred and the party system was still forming. This transition
was followed by Somaliland's first presidential election in April 2003. A key informant noted that
President Egal’s death played a significant role in shaping the transition process.

Somaliland Transitioned From Indirect To Direct Elections In 2002.

● Indirect to direct elections in 2002: Since then, it has successfully conducted two House of
Representatives (HoR) elections (in 2005 and 2021), three Local Councils (LC) elections (in 2002,
2012, and 2021), and three Presidential elections (in 2003, 2010, and 2017) the next term of
presidential elections was 2022, but, circumstance we for two years.
Somaliland’s First Multi-Party Elections (2002-2005)

● Introduction of Multi-Party Democracy: In the early 2000s, Somaliland transitioned from a

one-party system to a multi-party democracy. The first local council elections in December 2002
marked a significant step, with seven political associations competing in a system that eventually
recognized three main political parties. This was followed by the first parliamentary elections in
2005, where multiple parties vied for seats in the House of Representatives. These elections
were crucial for establishing competitive electoral practices and ensuring a peaceful transfer of
power.
Key Technical Lessons:
1. Legal Framework Development: The democratization process in Somaliland progressed
gradually from 2001, overcoming various practical challenges. In 2000, Somaliland established a
legal framework for elections, including a constitution that outlined electoral processes. The
constitution, approved through a referendum, provided the necessary legal foundation for direct
elections.
2. Electoral Laws and Institutions: Following the constitution, the parliament passed key electoral
laws, including Law No. 14 on the Regulation of Political Parties and Associations. The Somaliland
Election Management Body (EMB) was also established to oversee the electoral process. These
frameworks were in place before the first direct elections in December 2002, which involved six
political associations.

Technical Aspects

● A key lesson from Somaliland's experience is that conducting direct elections requires addressing
various technical and political challenges. One challenge is seat allocation in parliament.
Somaliland's political elites have used a seat allocation formula from before independence,
which has led to perceptions of underrepresentation among non-Isaq clans.
 ● Technical issues from the early years, such as multiple voter registrations, were resolved with the
introduction of advanced technologies. By 2016, Somaliland implemented iris-based biometric
voter registration, which improved the reliability of voter lists and reduced election irregularities
through fingerprint and facial recognition.

● To address high illiteracy levels, Somaliland introduced a system where candidate names were
displayed alongside easily recognizable symbols, such as a lightbulb, camel, or tortoise, to assist
voters in making informed choices.

2024 upcoming Presidential and National Party elections:

● As Somaliland prepares for its upcoming Presidential and National Party elections scheduled for
2024, significant legal reforms have been introduced to ensure the electoral process is robust,
transparent, and aligned with democratic standards.

Implications for the 2024 Elections

The introduction of these two laws marks a significant step forward in Somaliland’s electoral system. By
addressing critical areas such as campaign finance, voter registration, and election administration, Law
No: 91/2023 and Law No: 14/2023 aim to ensure that the 2024 Presidential and National Party elections
are conducted with the highest standards of integrity and transparency. These reforms are expected to
enhance public confidence in the electoral process and contribute to the continued stability and
democratic governance of Somaliland.

Somaliland's Electoral Legal Framework

Constitutional Provisions:

● Foundation of the Electoral System: The Constitution of Somaliland is the cornerstone of the
nation's electoral framework. It outlines the structure and functions of the National Electoral
Commission (NEC), eligibility requirements for voters and candidates, and the processes for
conducting presidential, parliamentary, and local council elections.

● KEY CONSTITUTIONAL ARTICLES:

o Article 9 addresses the political system.

o Article 22 guarantees every citizen's right to participate in the electoral process.

o Article 40 outlines the total membership of the House and election processes.

o Article 41 specifies eligibility for candidacy.

o Article 58 covers the election of House members and their terms.

o Article 82 sets conditions for eligibility as President or Vice-President.

o Article 83 details the procedures for presidential elections.

o Article 111 pertains to the Regional and District Councils.

● Role of the Constitution: The Constitution is crucial in shaping Somaliland's electoral process by
providing the legal basis for electoral laws and regulations. It upholds the principles of
democracy, representation, and political pluralism, ensuring that elections are conducted in
alignment with these values. Moreover, it mandates the independence of the NEC, safeguarding
the integrity of elections.

Elections Laws Amended And Modified

 ● The Presidential and Local Councils Elections Law No. 20/2000 has been amended and modified
five times. Similarly, the House of Representatives Act has been amended once. Subsequently,
Law No. 91/2020 was enacted to consolidate three key laws: the Presidential and Local Councils
Elections Act, the House of Representatives Election Act, and the Voter Registration Act.
Additionally, Law No. 14/2001 has undergone amendments and supplements four times.

● As Somaliland prepares for its upcoming Presidential and National Party elections scheduled for
November 13, 2024, significant legal reforms have been introduced to ensure the electoral
process is robust, transparent, and aligned with democratic standards. Two key legislative
updates, Law No: 91/2023 and Law No: 14/2023, have been enacted to address various aspects
of the electoral process and provide a solid foundation for the upcoming elections. In addition
to Somaliland's electoral process is governed by a series of policies and regulations, which is
highlighted by Law No: 91/2023

The Technical Aspects of the 2024 Presidential and National Party Elections

1. Dispute Over Political Associations:

o Announcement and Reaction: The public announcement on 12 December 2021 by the

Minister of Information regarding the election schedule sparked disputes. The ruling
party prioritized the registration of political associations before presidential elections,
while opposition parties argued that presidential elections should come first.

o Legal and Parliamentary Conflicts: Disagreements arose over Act 14/2021 concerning
political association registration, leading to confusion and a Supreme Court intervention.
On 16 January 2022, the Supreme Court ruled that the registration should proceed
under Act 14/2021 with necessary amendments.

2. Roadmap for 2022 Political Associations:

o Commission and Timeline: A commission was appointed to oversee the registration of

political associations starting 27 June 2022. A temporary license was issued to 15
associations, with nine successfully qualifying for the elections. The commission released
a detailed schedule for the registration process, including general assembly meetings
and regional headcounts.

o Final List: By 23 May 2022, the commission submitted a list of ten successful political
associations to the National Electoral Commission (NEC) for election arrangements.

3. Registration Procedures:

o Policy and Compliance: The commission developed a policy based on Act 14/2011 to
guide the registration process, ensuring transparency. Political associations were
required to submit completed forms, organize general assemblies, and provide
documentation of their offices, leadership, and membership.

4. Policy Complaints:

o Political Association: On 26 September 2022, the complaint filed regarding the policy,
arguing that it conflicted with Act 14/2011, particularly about supporter arrangements
and privacy concerns. The complaint was escalated to the Supreme Court.

5. Constitutional Court Decision:

 o The constitutional court unequivocally rejected Political Association’s complaint. The
court confirmed that the new policy for the registration of political associations and the
approval of political parties was consistent with Act 14/2011 and that the commission
had followed a just procedure.

Roles of Primary Institutions in the Electoral Process:

● National Electoral Commission (NEC): Enforces electoral policies, oversees voter education, and
implements new technologies to enhance transparency and efficiency.

● Constitutional Court: Interprets election-related laws and resolves constitutional disputes

impacting elections.

● High Court: Adjudicates election disputes, validates results, and ensures the legality of electoral
processes.

● Regional Courts: Handle local electoral disputes and maintain the integrity of elections at the
regional level.

● Ministry of Interior (MoI): Ensures electoral security by coordinating with law enforcement to
maintain order and protect the vote's integrity.

ADDRESSED THE LEGISLATIVE AND ELECTORAL GAPS AND CHALLENGES IN SOMALILAND:

1. Sida ku cad Dastuurka Jamhuriyada Somaliland Qodabka 58aad: oo ah Doorashada Golaha guurtida
Somaliland waxaa Nidaaminaya xeer, Hadaba wali ma jiro xeerka Doorashada Golaha guurtida. Laba
mashruuc sharci oo la hindisayna may dhaqan galin. Waxaanu soo jeedinaynaa in ku talagal ka
yeeshaan cida awooda uleh samaynta xeerka Doorashada Golaha guurtida
Dastuurka Somaliland .QODOBKA 58AAD
DOORASHADA XUBNAHA GOLAHA GUURTIDA IYO MUDDADA XILKA
1. Xubnaha Golaha Guurtida waxa lagu soo dooranayaa doorasho, habka doorashadana
waxa nidaaminaya xeer
2. Waxa Maqan oo aan wali la samayn xeerkii lagu dooran lahaa Golayaasha Gobolada, Maadaama Uu
Qodobka 16aad ee Xeerka Is-maamulka Gobollada iyo Degmooyinka, Xeer Lr.23, uu Dib U riixay
doorashada Gole Gobol.
Dastuurka Jamhuriyada Somaliland QODABKA 111AAD:
GOLAYAASHA GOBOLADA IYO DEGMOOYINKA
Xeerka Is-maamulka Gobollada iyo Degmooyinka, Xeer Lr.23/2019.
Qodobka 16aad Gole Gobol Faqraddiihiisa 1aad iyo 2aad )

a. Inta laga soo dooranayo Gole Gobol, Gobol kastaa wuxuu yeelanayaa Guddi fulin iyo
Gole hor’umarineed.
b. Tirada gole kasta oo gobol ama degmo shuruudaha laga doonayo xubinta gole
gobol/degmo iyo nidaamka doorashada xeer ayaa tilmaamaya

3. Qodobka 7aad
Xaqa is Sharaxidda

1. Si’waafaqsan Qodobka 22aad ee Dastuurka dalka iyo shuruudaha xeerkani jideeyay, marka uu
soo magacaabo xisbiga/ururka uu ka tirsan yahay muwaaddin kastaa waxa uu xaq u leeyahay in
uu isu taago doorashooyinka kala duwan ee madaxtooyada, Golaha Wakiillada iyo Golayaasha
Deegaanka.
 2. Xisbiyada Qaranku waa in ay u soo xulaan musharrixiinta doorashada uga qayb galaya si’ xeerkan
waafaqsan, caaddalad ah, daah-furan una adeegaysa ujeeddooyinka xeerkan.

Note: Qodabkan lama dabaqin ee badalkiisa waxaa musharaxiinta soo xula hogaanka dhaqanka ee
beelaha.

4. Qodobka 8aad xeer lr/91

Ka Qaybgalka Bulshada

1. Komishanku waa in uu qaado tallaabo kasta oo lagama maarmaan u ah ka qaybgalka bulshada

ee nidaamka doorashooyinka oo ay ku jiraan in ay:-

t) Suurta geliyaan qaab ay dadka naafada ahi uga qayb gali karaan doorashooyinka.

Dabaqaadda qodobada ku saabsan xuquuqaha iyo waajibaadka, sida Xeer Lr. 91/2023, qodobkiisa
8aad, way adag tahay, waxaana horyaala caqabado la xidhiidha sidii 20,000 qof oo qaba naafo
jireed, araga, maqalka, iyo albinism ay uga qayb qaadan lahaayeen doorashooyinka. Caawimaad
la'aanta, agabka oo yar, iyo wacyigelin la'aan ayaa ah caqabadaha waaweyn ee u baahan in wax
laga qabto si doorashooyinka 2024 loo helo kuwo loo dhan yahay.

5. Qodobka 23aad xeer lr/91

Xafiiska Goobta Cod-bixinta.

3. Haddii loo baahdo oo arrin degdeg ahi timaaddo, hubiye ama xoghayaha waxa beddeli kara
guddoomiyaha goobta cod-bixinta, iyada oo cod-bixintu socoto, waxaanu beddelkaas ka samayn
karaa dadka goobta ku sugan ee leh xaqa cod-bixinta sida sharcigu xusayo, ka dib marka uu la
tashado Guddoomiye ku-xigeenka goobta.

Note: Qof aan tobobar qabin in uu qaato taas oo ka hor imanaysa qodabka 113 farqadiisa 7aad oo
dhigaya in Komishanka Doorashooyinka Qaranku waxa uu soo saarayaa hab-raacyo
dhammaystiran oo lagu faahfaahinayo hawl-qabadka goobta cod-bixinta, kaas oo
hawl-wadeennada goobta lagu tababari doono

QOF SAFKA LOOGA YEEDHAY EE AAN LOO TABABARIN HAWSHA UU QABANAAYO, WAXA KA
DHALAN KARTA KHALADAAD FARSAMO.

Tolo bixin: In uu kayd uu jiro oo tabobar qaba oo lagu badali karo,

Qodobka 27aad. xeer lr/91

3. Guddoomiyaha Gobolku ka dib marka uu la’tashado Komishanka, waxa uu qoraal qayb shaqadiisa
xeerkan jideeyay ka mid ah ugu igman karaa cid kale isaga oo ku kormeeraya.

Note: Xeerku ma Caday ama ma tilmiin cida ay u idman karaan Gudoomiyeyaasha Gobolada ee
komiishanka shaqadooda qayb ka mida, Sidookale xeerrka kuma cada Awoodaha shaqo ee uu cidaas U
Idman karo,

QODOBKA 30aad xeer lr/91

Dhawrsanaanta Komishanka, Musharrixiinta iyo Hawl-wadeennada.

3. Komishanku waxa uu leeyahay dhawrsanaan la’mid ah ta Golaha Wasiirrada muddada uu xilka hayo.
Dhawrsanaan ka qaadistoodana waxa loo marayaa sida ay tilmaamayaan Qodobbada 94(8) iyo 96(4) ee
Dastuurka.

DASTUURKA.

QODOBKA 94AAD

GOLAHA WASIIRADA.

8. Lama xidhi karo Wasiir ama Wasiir-ku-xigeen haddii aan lagu qaban isagoo faraha kula jira dembi
ciqaabtiisu gaadhayso saddex sano ama aanu Madaxweynuhu ka qaadin dhawrsanaanta, isaga oo ku
qancay soo jeedin uu u soo bandhigay Xeer­ilaaliyaha Guud.

QODOBKA 96AAD FAQRADIISA 4AAD EE DASTUURKA

EEDEYNTA IYO MAAMUUS-KA-XAYUUBINTA MADAXWEYNAHA, KU-XIGEENKA MADAXWEYNAHA IYO

WASIIRADA.

4. Haddii Xeer-ilaaliyaha guud ku soo eedeeyo Wasiir ama Wasiir-ku-xigeen dembi ka mid ah dambiyada
ku sheegan faqradda koowaad ee qodobkan, waxaa warbixinta eedda uu Xeer- ilaaliyaha Guud u gudbin
doonaa Madaxweynaha. Haddii Madaxweynuhu ku qanco warbixinta waxa uu Wasiirka ama
Wasiir-ku-xigeenka ka xayuubin doonaa dhowrsannaanta. Haddii uu ku qanci waayo Madaxweynuhu
warbixinta Xeer-ilaaliyaha Guud, wuxuu amrayaa inuu Xeer-ilaaliyaha Guud la noqdo dacwadiisa.

QODOBKA 16aad xeer lr/91

Xil ka Qaadista Komishanka

1. Xubnaha Komishanka waxa xilka lagaga qaadi karaa:

b. Marka uu jebiyo shardi ka mid ah shuruudihii lagu soo doortay.

t. Marka uu xilka gudan kari waayo, karti darro ama caafimaad darro awgeed.

j. Marka uu ku kaco anshax-xumo, xatooyo, musuqmaasuq, eex IWM.

2. Marka arrimaha kor ku xusan yimaaddaan waxa Madaxweynuhu u magacaabayaa guddi-baadhiseed

madaxbannaan oo ka soo warbixisa si’uu go'aan ugu qaato.

3. Guddidu waa in ay natiijada baadhista u soo gudbiso madaxweynaha ugu badnaan muddo 30
maalmood gudahood ah.

4. Xil ka qaadista Komishanka waxa awood u leh Madaxweynaha, waxaase shardi ah in Golaha
Wakiilladu ku ansixiyo xil ka qaadistaas cod hal-dheeri ah (simple majority)

Note: Qodobka 16aad ee Xeerkan 91/2023 ayaa tilmaamaya haka adaynata iyo Xil ka Qaadista
Komishanka, halka xeer 91 Qodobka 30aad uu timaamayo xasaanada iyo xilkaqaadista xubnaha
komishanka, kala doontay qodobada dastuurka ee 94 farqadiisa 8 iyo 96 farqadiisa afraad kuwaasi oo
kahadlaaya habka maamuuska iyo xilkaqaadista wasiirada.

Lagumadabaqi karo xubnaha komishanka , waxaana lagu danaqayaa sida kucad qodabka 16 ee isla
xeerkan 91.2023

QODOBKA 42AAD XEER LR/91

Lumista Kaadhka Cod-bixinta

1 . Qof kasta oo uu ka lumo ama ka xumaado kaadhka cod-bixintu, waxa uu weydiisan karaa
masuuliyiinta u xilsaaran, masuuliyiintuna waa in ay siiyaan kaadhka cod-bixineed oo cusub oo sida
xogtii iyo tixraacii hore, marka sidaas laga soo codsado, lana caddeeyo sababta lumista.

2. Qofka uu ka xumaado waxa uu mutaysanayaa in loo beddelo marka uu keeno kaadhkii xumaaday.

Note: Qodabkan looma dabaqo si uu dhigayo, loomana tixgaliyo xuquuqda uu siinayo muwaadininta
ee kuxusan Qodobka 42aad ee xeer 91, madaama oo ayna jirin adeeg diwaangalineed oo shaqeeya
mudada udhaxeesa laba diwaan galineed eek a horaysa xilidoorashooyinaka

QODOBKA 92aad xeer lr/91

Qaabka soo gudbinta liiska ururrada iyo xisbiyada siyaasadeed ee tartanka tooska ah

1. Liiska ururrada iyo xisbiyada ka qaybgalaya tartanka tooska ah ee ku cad qodobka 91aad ee xeerkan
waa in komishanka doorashooyinku shaaciyo 90 maalmood ka hor taariikhda doorashadu muddaysan
tahay.

Note: Qodobka 92aad ee Xeerkan 91, .QODOBKANI waa in laga saaro XEERKA GUUD EE
DOORASHOOYINKA QARANKA IYO DIIWAANGELINTA CODBIXIYEYAASHA XEER LR: 91/2023. Maadaama
uu Khuseeyo ku jiro XEERKA NIDAAMKA URURADA IYO AXSAABTA SIYAASADA XEER LR: 14/2023
QODOBKAKIISA 25aad

Qodobka 101aad xeer lr/91

Reebbanaanta Isticmaalka Hantida Danta Guud.

3. Hantida danta guud waxa ololaha loo isticmaali karaa oo kaliya haddii:-

b. Dhaqaale gaar ah oo si’ isleeg loogu qoondeeyo xisbiyada/ururrada siyaasadda.

Note: Qodobkan lama dabaqin, maadaama ay xisbiyadu ay dhaqaale qaataan, halka ayna ururadu
halin saami lamid ah.

Note: Xeerkan kuma cada cida leh ka goaan gaadhista degmo ama dagmooyinka ku jiiray qorshahan
doorashadan ee uga baaqay xalado keenay in ayna doorasho kadhacayn, marka ay timaado xaaldani
yaale goaan laga reebayo. Ama waxa laga yeelanayo.
Photo group

Participation