2002 SOMALILAND LOCAL ELECTIONS
(Source:
Academy of Peace & Development)
Code of
Conduct for the Political Organisations and the National Elections Commission
December 5, 2002
PREAMBLE:
After holding a series of
discussions and consultations during the month of Ramadan regarding the
upcoming elections;
Acknowledging that democratic
elections will advance the noble struggle of the people of Somaliland
during the past ten years;
Recognizing that free and fair
elections offer new opportunities to enlarge freedom and justice in Somaliland;
Appreciating also the risks and
threats arising from inexperience in political campaigns and elections,
aggravated by limited technical know-how and scarcity of financial resources;
Having understood the apprehension
and anxiety of our people about political campaigns and elections absent from
their political life for over thirty-three years;
Realizing that the practice of
democracy is never perfect yet, despite the hurdles and risks, the march
forward toward democracy must continue with, courage, patience and patriotism,
Having further understood that the
legal instruments for free and fair elections are incomplete, that trust among
political stakeholders has been eroded by years of misrule and conflict, that
therefore the upcoming election offer opportunities to rebuild confidence,
hope, and genuine cooperation among key actors in the political landscape,
The National Election Commission
(henceforth called the Commission) and the six registered and legitimate
political Organizations agree to follow in letter and spirit this Code of
Conduct they jointly had developed and signed on December
5, 2002.
First of all, the Election
Commission and the political Organizations and agree to give utmost priority to:
1. The
existence and independence of Somaliland
over the success of political Organizations or personal interest;
2. the
maintenance of peace since peace is foundational to democracy as it is life;
3. all
disputes arising among the political Organizations through dialogue; and
4. the
Commission and the Organizations are partners whose share responsibility is to
ensure that fair, free, and peaceful elections take place in Somaliland
The political Organizations
further agreed that prior to, during,
and after elections:
- The Commission will discharge its responsibilities as
neutral and independent body – that is, it will be, in word and action,
impartial and fair to all political Organizations; in addition, it will be
autonomous from lobbies, pressures, and influence of political
Organizations, groups, or individual pursuing special interest in the process and outcome of the elections.
- The Commission will consult the political
Organizations on key issues concerning the process, procedures, and
implementation of the election; the consultation will be regular and
timely, not ad hoc or after decisions had been reached by the Commission.
- All disputes arising among the political
organizations shall be resolved through dialogue. The Commission will take careful note of
the decisions arrived jointly by all the political Organizations so long
as these decisions do not contradict the law or undermine the national
interest.
- The Commission will follow the spirit and letter of
the Election Law and Constitution; where ambiguities exist in these legal
documents, the Commission will reach the best and independent decision it
can, always giving priority to fairness, impartiality, and the national
interest.
- The Commission
will remain vigilant to political problems, special groups, and external
forces that can compromise the national interest; the Commission will
develop plans to preempt, prevent, and counteract any group that seek to
disturb the peace and elections of Somaliland.
- The Commission will be transparent in all its work,
including its financial dealings, process of operations, and what factors
or who influences their decisions; the Commission will also timely reports on problems it
encounters in its operation and hence it should not wait until the
political Organizations discover the problems and fuss about them.
- The Commission will fulfill its duties to ensure, to
the best of its ability, that citizens in all areas of Somaliland
will exercise the right to vote without pressure, intimidation, or delay.
- The Commission will discharge its duties to ensure
the proper protection, handling, distribution, counting, and recording of
the voting boxes, voting cards, dye, voting venues, and any other
materials, tools, or facilities used for the elections; benefiting also
from lessons learned during the registration, the Commission will employ
qualified and neutral personnel, allowing appropriate input and feedback
from the political Organizations.
- The Commission will have clear and transparent
procedures for accepting, refusing, and managing complaints from or about
the political Organizations; although it resolution of complaints must be
timely and fair, the Commission must never be hasty or capricious; its
decision must be careful, thorough, and judicious.
- The Commission will review and monitor not only the
language and behaviour of political Organizations but also the actions or
inaction of the Executive Branch upon which much depends on whether free,
fair, and peaceful elections take place.
- The Commission will encourage active, neutral, and
coverage on the elections by the media in order to raise public awareness
and participation; in addition, the Commission will provide relevant and
timely information (as information of remote areas) that may be
inaccessible to the political Organizations.
- In its communication with the political Organizations
and the public, the Commission will avoid any contradictory messages,
announcements, promises, and decisions; to avoid confusion, its communication
will be timely, systematic, deliberate, coherent, and available equally to
all the political Organizations.
- Having studied carefully its legal power and
prerogatives, the Commission will work with the political Organizations
when and where new legislation is needed and to ensure that the Executive
Branch discharges its duties appropriately and in due time.
- The political Organizations on their part affirm that
the Commission is the sole and legitimate “referee” of the elections; as
such, they will give the Commission due respect and cooperation, avoiding
at all times frivolous charges undermining the Commission’s integrity,
respect, and name.
- The political Organizations will cooperate with and
assist the Commission to discharge its duties, avoiding at all times
adversarial relationship; they will in addition carry themselves with
civility and patience when the Commission reaches decisions with which the
political Organizations do not agree.
- The political Organizations will exercise their right
to find legal recourse in the courts when they deem such action necessary;
neither any unpopular decision of the Commission nor the right of
political Organizations to seek legal recourse in the courts will be
voiced publicly in personal or clan terms.
- Before the complaints and conflicts involving
Commission and the political Organizations degenerate to public acrimony
or legal disputes in the court, both Organizations will give the Integrity
Watch Committee (whose terms of reference are attached) chance to intervene,
mediate, and arbitrate the dispute.
- The political organizations must not engage in
activities that may jeopardize the peace and stability during the
elections.
- The political organizations must refrain from
activities that may be deemed threatening or offensive when dealing with
the Commission; the Commission will likewise refrain from activities that
may be deemed threatening or offensive when dealing with the political
organizations.
- In the same way that it is the responsibility of the
political organizations to ensure that their members understand and
enforce this Code of Conduct, it is also the responsibility of the
Commission to ensure that their staff and representatives understand and
enforce this Code of Conduct.
Signatures
Chairman
of the Election Commission
Name __________________________
Signature __________________________
Political
Organizations (or their designees in writing):
Name
of Person Signing Signatures
ASAD _____________________ ____________
HORMOOD _____________________ ____________
KULMIYE _____________________ ____________
SAHAN _____________________ ____________
UCID _____________________ ____________
UDUB _____________________ ____________