REPUBLIC OF SOMALILAND
To: The Speaker of the House of Representatives of Somaliland
Cc: Honorable Members of the House of Representatives of Somaliland
Date: July 21, 2001
Subject: PROPOSAL FOR THE IMPEACHMENT AND REMOVAL OF THE PRESIDENT
Mr. Speaker and Honorable Members,
We, the thirty-six (36) Members of the House whose names and signatures appear below,
Having regard to Article 96(1) of the Constitution of the Republic of Somaliland concerning the procedure for the impeachment and removal of the President;
Having determined that President Mohamed Haji Ibrahim Egal has committed the following offences:
Violation of the Constitution;
Treason against the Nation.
We therefore submit this proposal to the Speaker and the Honorable Members of the House of Representatives, requesting that President Mohamed Haji Ibrahim Egal be formally impeached and charged with the offences stated above.
As we all know, the constitutional structure of our Republic is founded upon three co-equal branches of government that are intended to balance one another. The principle of the separation of powers is designed to ensure that no single individual or institution ever exercises unchecked authority over the affairs of the State.
Regrettably, it is our considered view that this fundamental constitutional principle has been disregarded by the administration of President Egal.
We shall now briefly set out the grounds for the charges outlined above.
I. VIOLATION OF THE CONSTITUTION
The constitutional provisions that the President has clearly violated are sufficiently established by the following undisputed facts.
1. INTERFERENCE WITH THE JUDICIARY
The President violated Article 97, paragraphs (1) and (2) of the Constitution, which guarantee the independence of the judiciary, by directly interfering in judicial affairs.
The following incidents serve as examples:
Supreme Court judgment in the TOTAL case
On 4 November 2000, the President nullified a judgment of the Supreme Court of the Republic of Somaliland against TOTAL Company. The Court had awarded compensation to three (3) Somaliland citizens who had suffered chemical poisoning while cleaning the interior of fuel storage tanks.
Among the President's public remarks on the matter were the following:
"It is unacceptable for a court judgment to be used to rob a company that has invested in this country. I order that no action be taken to enforce that judgment."
In connection with the same incident, President Egal dismissed the Chief Justice of the Supreme Court, Mohamed Haji Said, without obtaining the approval of the House of Representatives and the House of Elders, as required under Article 105(3) of the Constitution.
Supreme Court case concerning disputed parliamentary seats
The President also intervened in a case before the Supreme Court concerning contested seats in the legislative councils that were claimed by certain clans.
He exerted pressure on the Court and prevented it from exercising its lawful authority to adjudicate the dispute.
Interference with the prosecution of Presidential Guard soldiers
On 29 September 1997, the President obstructed criminal proceedings initiated by the Attorney General against members of the Presidential Guard who had opened fire on peaceful demonstrators, wounding two children.
President Egal refused to allow the soldiers to be arrested, despite the absence of any lawful justification for the shooting.
Among his statements to the Attorney General were:
"The two Presidential Guard soldiers whom you are pursuing enjoy the same immunity as the President. No one other than the President has the authority to remove that protection."
He further stated:
"I have investigated the allegations against those soldiers and found them to be baseless. The matter is politically motivated. Nothing will come of it. They will not be brought before a court, and I do not wish to hear this matter raised again."
These actions were contrary to the law and exceeded the constitutional powers vested exclusively in the President under Article 90 of the Constitution.
2. USURPATION OF THE POWERS OF THE LEGISLATURE
The President's encroachment upon the constitutional powers of the legislative branch is clearly demonstrated by the following provisions, which he has directly violated.
Article 53, paragraphs (2) and (3)
As is well known, for nearly four (4) years the President was expected to present his Government's programme to the House, yet he deliberately failed to do so.
Likewise, to this day there has been no international agreement concluded by the President that has been submitted to and approved by the House of Representatives, despite the fact that we are aware of statements made by President Egal himself acknowledging that government officials had entered into agreements on behalf of the State.
Article 54, paragraphs (1) and (3)
Under President Egal's administration, it has become common practice to print currency and to impose or alter taxes and other public levies without any legal authorization.
Such actions are expressly prohibited by the above constitutional provision, as well as by Article 14, paragraphs (1) and (2) of the Constitution of the Republic.
Article 55, paragraphs (3) and (6)
Honourable Members, it is unnecessary to remind you of what you already know.
The Government's final accounts for the fiscal years 1998–2000 have never been submitted to this House, as required by Article 55(6) of the Constitution.
Furthermore, President Egal's administration has incurred substantial expenditures that were neither included in the national budget nor approved by the House of Representatives.
Among the revenues that have allegedly been expended outside the legal budgetary process are those derived from the Port of Berbera, the national fuel storage facilities, the National Printing Press, warehouse rental income, commercial profits, and the foreign currency earnings generated from livestock exports—particularly during the years 1995–1998. For the fiscal years 1999–2000, only fifty percent (50%) of those revenues were incorporated into the national budget.
Article 109(3)
Under Article 109(3) of the Constitution, any alteration to the number of regions and districts, or to their territorial boundaries, must be approved by both the House of Representatives and the House of Elders.
Despite this constitutional requirement, President Egal unilaterally established a new region (Sahil) together with more than ten new districts, and proceeded to implement and formally inaugurate them without obtaining the constitutionally required approval of the two Houses.
Failure to promulgate legislation enacted by the Legislature
Another matter of serious concern is that President Egal has, in many instances, failed to promulgate or publish in the Official Gazette the laws enacted by the Legislative Branch, as required under Article 77(5) and Article 78(3) of the Constitution, except for those laws in which the Government has had a particular interest.
As we all know, the legislative authority of the Republic of Somaliland is vested exclusively in the House of Representatives and the House of Elders.
The power to legislate cannot be transferred to any other authority, as provided by Article 38(1) and Article 39 of the Constitution.
Honourable Members, there can be no doubt that the majority of the resolutions and laws approved by this House since its establishment have never been implemented. These amount to approximately nineteen (19) enacted laws.
As the saying goes, "The last body carried is the one most remembered." A recent example is the agreement concluded by the Government with TOTAL, which this House rejected after finding its terms unacceptable. Nevertheless, the President disregarded that decision.
The Parliament that preceded this House also enacted approximately forty-two (42) laws, many of which proved to be of no practical effect.
As sufficient testimony before God, we recall the President's own remarks during the closing ceremony of a Police Force training programme on 11 June 1997, when he stated:
"The previous Parliament spent some time sitting alongside me, yet none of its laws were implemented. As for the present one, it is still unfinished."
3. VIOLATION OF CITIZENS’ RIGHTS AND FUNDAMENTAL FREEDOMS
President Egal has severely infringed upon the rights and civil liberties of citizens, which are a fundamental obligation guaranteed by the Constitution, as stipulated in Article 21(1) and Article 25(3).
The constitutional provisions relevant to this section, which have been clearly violated, include:
Article 25(1) and (2)
Article 23(3)
Article 27(1) and (2)
Article 28(1) and (2)
The rights and freedoms set out in the above-mentioned articles have been undermined by President Egal through the establishment of so-called National and Regional Security Committees.
These committees were granted extensive quasi-judicial powers and operated under an unlawful system of adjudication outside the framework of the Constitution and the law.
This is evidenced by the fact that hundreds of citizens remain imprisoned without having been brought before an independent judiciary, to which they are constitutionally entitled.
Furthermore, although the House of Representatives annulled the Public Order Law on 8 January 1999, which these committees had been relying upon, the decision was ignored. No replacement legislation was submitted to the House, in clear violation of Article 90(14) of the Constitution, which requires the President to exercise his duties in accordance with the Constitution and the law.
II. TREASON AGAINST THE NATION
The most solemn trust entrusted to President Egal was the preservation and advancement of the independence of the Republic of Somaliland. However, on numerous occasions he has acted in a manner inconsistent with that fundamental objective. Such conduct is evidenced by:
Public speeches delivered by the President;
Interviews he granted to newspapers and the media; and
Statements attributed to foreign diplomats.
The following are illustrative examples:
Statements by the Egyptian official Faiza Abou El-Naga
In mid-August 1999, Faiza Abou El-Naga, the Egyptian Foreign Ministry official responsible for African Affairs, visited Somaliland.
According to reports published by The Economist and Arab News, citing Reuters and Agence France-Presse (AFP), as well as interviews she gave to the Somaliland newspaper Jamhuuriya and the BBC Arabic Service, she consistently stated:
"Egypt regards Somalia as one entity, and one entity cannot be divided. We discussed Mr. Egal's proposal for federalism. He attached certain conditions to it, and it appeared to be a reasonable approach."
United Kingdom Foreign Office communication (6 December 2000)
A communication dated 6 December 2000 from the United Kingdom's Foreign and Commonwealth Office stated:
"In our most recent discussions with the President of Somaliland, he indicated that if the Transitional Government succeeded in establishing its authority in southern Somalia, the Somaliland administration would, in principle, be prepared to enter into negotiations concerning either renewed union or the establishment of a Somali federal state."
Interview with New African
In an interview published in the United Kingdom-based monthly magazine New African, President Egal was reported as saying:
"For nine years we have waited for the groups in southern Somalia to establish some form of central government or administration so that we could talk and negotiate with them."
He further stated:
"Even as in Lebanon, we would seek arrangements whereby, if those in the South held the Ministry of the Interior, we would hold the Ministry of Foreign Affairs; if they held the Presidency, we would hold the office of Prime Minister."
The various statements and reports issued by foreign governments concerning these matters were never publicly denied by President Egal.
Position regarding the Djibouti Peace Conference
The United Nations Secretary-General's report on the situation in Somalia, dated 16 August 1999, indicated that President Egal had moderated his previous position.
Furthermore, on 23 March 2000, the Secretary-General's Special Representative for Somalia, David Stephen, stated that President Egal had agreed to participate in the Djibouti Conference.
It is also beyond dispute that President Egal strongly supported both the early stages of the Djibouti Peace Conference and President Ismail Omar Guelleh.
In a speech delivered in Hargeisa on 13 November 1999, President Egal stated:
"That conference (the Arta Conference) poses no danger to us. We see no threat coming from outside; the real danger lies within ourselves."
He also stated:
"There is no one better suited than President Ismail Omar Guelleh to lead that reconciliation conference, and I fully support him."
Statement made in France (February 1998)
While visiting France in February 1998, President Egal appealed to the international community by stating that:
"At this time, Somaliland should be treated as an autonomous region, similar to Palestine."
The proposal was inconsistent with the constitutional powers vested in the President under Article 90 and constituted a serious departure from the sovereignty and independence of the Republic of Somaliland guaranteed under Article 1 of the Constitution, which the President was constitutionally obliged to uphold.
At the very time he was making these remarks abroad, President Egal was assuring the people of Somaliland that the eyes and ears of the international community were open to Somaliland and that the forthcoming IGAD Summit in Djibouti would consider the Somaliland question, with the expectation that Somaliland would receive full recognition.
Speech at the Somaliland Reconstruction Conference (21 October 1998)
In a speech delivered at the Somaliland Reconstruction Conference held in Hargeisa on 21 October 1998, attended by diplomats, scholars, and international dignitaries, President Egal stated:
"We cannot mislead the world by claiming to be a state when we are not."
He further stated:
"We cannot expect others to believe we are something that we are not. What we have achieved is limited. We cannot continue to present an imaginary picture to the world. We cannot live on illusions; another course must be found."
BBC Somali Service interview
The above examples were not the only occasions on which President Egal was alleged to have undermined Somaliland's independence. In an interview with the BBC Somali Service, he stated:
"Somalia and Somaliland will share a common currency, a common passport, and other common institutions."
