DIFFERENCES BETWEEN ELECTIONS OF THE SOMALILAND

DIFFERENCES BETWEEN ELECTIONS OF THE SOMALILAND

Elections in the Republic of Somaliland are generally divided into two main categories: constitutional elections and non-constitutional elections regulated by specific laws.

Constitutional elections are those explicitly provided for in the Constitution of Somaliland. These include:

• Presidential elections

• House of Representatives elections

• House of Elders (Guurti) elections

Although the Constitution provides for elections to the House of Elders, such elections have never been held directly since the re-establishment of Somaliland. Instead, members of the Guurti have continued through traditional selection methods and periodic term extensions.

On the other hand, there are elections that are not directly detailed in the Constitution but are regulated through separate electoral laws enacted by Parliament. These include:

• Local council elections

• Political organizations and national parties elections

• Regional council elections

Regional council elections have also never been conducted in Somaliland up to the present time, despite being recognized in law.

These latter elections are governed by specific laws which define:

• the qualifications required for candidates, such as age, education, citizenship, and experience;

• the method by which elections are contested;

• who is eligible to participate;

• the electoral and party system;

• the allocation of seats; and

• the procedures for campaigning and voter registration.

For example, local council elections and House of Representatives elections are contested through the national political party system, while political organization elections serve as a mechanism for determining which political organizations qualify to become official national parties.

The first election in Somaliland conducted through a popular public vote took place on 17 February 1960. In that election, the first Legislative Assembly of the State of Somaliland was elected.

The election was held under a constituency-based electoral system, in which the country was divided into electoral districts. Three political parties contested the election, and 33 members of parliament were elected from six electoral constituencies.

The election was governed by a law known as the Somaliland Regular Legislative Assembly Ordinance, 1959. This law provided the legal framework for the election and specified:

• The total number of seats in the Legislative Assembly;

• The number of representatives allocated to each electoral constituency;

• The qualifications required for candidates;

• The qualifications and eligibility of voters; and

• Other electoral procedures and regulations governing the conduct of the election.

2. The next major election in Somaliland was the Local Council Elections and Political Organizations Competition held on 15 December 2002.

This election used a closed-list proportional representation system. Under this system, each political organization presented a closed list of candidates, and voters cast their votes for the political organization rather than for individual candidates.

The seats won by each organization in a district were allocated according to the total number of votes received. Candidates obtained seats based on their order on the party list. For example, if a political organization won four seats in a district, the first four candidates listed in that organization’s candidate list would become councilors.

At the national level, the three political organizations that either:

• obtained at least 20% of the votes in the six regions, or

• received the highest total votes nationwide,

would qualify to become official national political parties.

The election was governed by several laws, including:

• The Presidential and Local Council Elections Law No. 20/2001;

• The Regulation of Political Associations and National Parties Law No. 14/2000; and

• The Regional and District Self-Administration Law.

• The third election in Somaliland took place on 14 April 2003. It was the first direct presidential election held exclusively in Somaliland through a popular vote. This election, along with three subsequent presidential elections, was conducted under the same constitutional framework in accordance with Article 81 of the Constitution of the Republic of Somaliland.

Under this system, presidential elections are contested by political parties, and victory is determined by a simple majority — the candidate receiving one vote more than the others wins the election. The nature and procedure of presidential elections are specifically provided for under Article 83 of the Constitution, titled “The Electoral Procedure.”

• Somaliland’s fourth election was the House of Representatives election held on 29 September 2005. This election, and the one that followed the same model, was contested by national political parties in accordance with Article 40 of the Constitution of the Republic of Somaliland. The election was conducted through regional constituencies, with seats allocated among the regions.

• The election held on 28 November 2012 was different from the previous election of its type. In this election, both newly formed political organizations and existing political parties competed. Unlike the 2002 local elections, voters directly elected individual local council candidates rather than voting only for party lists.

A total of two existing national parties and five new political organizations contested the election.

• The next election took place on 13 November 2017 and was Somaliland’s third presidential election. It was conducted in the same manner as the two previous presidential elections because the Constitution clearly defines both the electoral system and the entities eligible to compete.

• This was followed by a new type of election known as a combined election. Held on 31 May 2021, it simultaneously elected:

• the third House of Representatives chosen through direct popular vote; and

• the local councils.

In this election, national political parties contested both elections concurrently.

• The next election was Somaliland’s fourth presidential election together with the competition for national political parties and political organizations. Unlike previous local council-linked political association contests, this election did not involve the election of local councils.

Voters cast two separate ballots:

• one for the presidential election; and

• one for a political organization or national party.

The three organizations or parties receiving the highest number of votes nationwide became the official national parties. Unlike the 2002 system, this election was not conditioned on obtaining 20% of the vote in each region.

The elections conducted without voter registration were:

• The 17 February 1960 election;

• The 15 December 2002 election;

• The 14 April 2003 presidential election;

• The 29 September 2005 House of Representatives election; and

• The 28 November 2012 local council and political organizations election.

The elections conducted with voter registration were:

• The 26 June 2010 presidential election;

• The 13 November 2017 presidential election;

• The 31 May 2021 combined parliamentary and local council elections; and

• The 13 November 2024 presidential and political parties election.

Lawyer Muse Yusuf Mohamed.

Senior Member of Somaliland Lawyers association SOLLA 

Garyaqaan Muuse Yuusuf