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Brief History of house of elders.
The House of Elders, also known as Guurti is upper house of the Somaliland parliament. It consists of 82 members, acting for traditional leaders. The House of Elders has a constitutional right to review the bills proposed by the Somaliland House of Representatives. Initially, the house of elders had a significant role in the Somaliland peacebuilding process and reconciliation among the different tribes with different values and interests. It was established in 1993, their terms is six years, however it has never been re-elected since it was created in 1993. (Wikipedia, 2024 last updated 6 march)
In 1993, national senate was institutionalized as house of elders, with 82 members elected from various districts of Somaliland. Later on, the house of elders elected Mohammad Haji Ibrahim Egal as a new president of Somaliland.
The Somaliland constitution confined the terms of the house of elders at six years. In 2003, the house of elder’s rule expired, however, term was extended by the presidential degree to one year beyond the term of the House of Representatives.
The chairman of house of elders Sheikh Ibrahim dead in London then incumbent chairman Sulayman Mohamoud Adan was elected his successor. The first extension of house of elders ended 2006, in May 2006, the house of elders solely decided to extend their terms by another four years. When its second extension was finished, in September, 2010 the house of elders added its own term by three years and eight months and also extended the term of the representatives by two years and eight months.
In April 2013, the House of Elders normalized to extend its terms until 2016. In contrast, opposition parties are extremely rebuffed by these unconstitutional decisions made by the House of Elders, but they were implemented as intended. Surprisingly, in May 2015, the House of Elders declared that it should extend its terms until June 2018. The house of senate was not only capable of enlarge its own term but also had the constitutional right to upgrade the term of house representatives. And once they extended the house of elders, they automatically earned one year after the representative’s term.
Finally, the house of elders has extended its eighth times by five years, which will end on November 13, 2027. (Wikipedia, 2024 last updated 6 march)
How long could they stay in power?
The upper house (Guurti) seems to be one of the determinant mechanisms of Somaliland’s democracy process, particularly in power transitioning and adoption of election schedules.
Guurti has unlimited power and role given by the constitution which can permit to extend its own self, the House of Representatives and president as well simultaneously. Therefore, the house of elder’s will stay in power as long as this interim constitution is functioning, because as the article 83, says that “If on the expiry of the term of office of the President and the Vice-President, it is not possible, Because of security considerations, to hold the election of the President and the Vice-President, the House of Elders shall extend their term of office whilst taking into consideration the period in which the problems can be overcome and the election can be held.”
In addition, as article 42 states that “if the election of the House of Representatives cannot be conducted because of dire circumstances, the outgoing House shall continue in office until the end of these circumstances and a new House is elected.”
How could be possible to change an institution which can extend by themselves-without any further consequences? Delaying the election schedule became a chronic disease for Somaliland’s good governance and democratic progress. All political conflict and deadlocks are posed by the extension of Guurti, then opposition parties began peaceful demonstrations in which they refused these unlawful actions committed by the government and Guurti collectively. To crack down on the protesters, the Somaliland government used excess force on the citizens, which ended up killing and injuring some of the protesters. When people come to the street in order to express their opinion, they trust and believe that their government will never use live bullets; however, when they encounter cruel and brutal action from the government, they instantly convert into radical clan militia who could potentially erupt a civil war across the country.
Why has Guurti been in power for 27 years?
Power is one of main elements that human being fight for to possess it, so it is an inevitable to get a hone mechanism which could clearly mentioned the eligibility of getting power and losing it. Despite many, there are six main reasons that Guurti cannot be changed:
- Constitution has gave unlimited power which can extend their term by own self
- The House of Representatives has not yet prepared the law that will elect the members of the House of Elders.
- Every government that comes to power could not dare to confront them because of their political interests; it may anticipate getting an extension.
- The House of Representatives is not preferring to enact a new law to elect Guurti because of their own interest.
- Amending the current constitution will require strong and credential leadership who have absolute trust from society.
- People are divided, so it is very difficult to express their opinion collectively in order to challenge the exploiter who wants to deprive them of their social and political rights.
Consequences of the extension of the term of political institutions.
Transferring power from the incumbent ruler to his/her successor is a symbol of democratic progress in a particular country or system. In contrast, extension terms, oppressed, and limited exercise of your basic rights will reflect how you are under totalitarian jurisdiction. Since Somaliland shifted to a multi-party system 21 years ago, there has been recurrent political conflict aroused by the postponement of elections. Inconsistency in the election schedule has led to violence and the killing of innocent people by police and security forces. Now, in Somaliland, almost all the prominent elders who had negotiated contended political parties have passed away; therefore, the current opposition leaders and their colleagues have no such patience to reconcile the difference. Nevertheless, the only solution will be to abide by the election schedule. On August 11, 2022, the supporters of the opposition party Wadani, came to the street to express their concerns about the two-year extension to President Biihi.
During those protests, five people were killed and dozens were injured by security forces after being hit by live bullets. This incident boiled up the political tension, whereas the opposition party was accused of creating a clan militia led by one of the SNM veterans. This clan militia has begun to destabilize the security of Somaliland; they confiscated government vehicles and international agencies such as the Holle Trust.
Rationalized extension terms for both the executive and house of elders fueled the political crisis in Somaliland, and the nation will always be a victim of its constitution because the paper is there and the differences of interests of the people will also be there. In fact, this outdated constitution does not reflect the current circumstances of the Somaliland people; however, it always favors who is in power. The ultimate solution for this prolonged political conflict will be as follows:
- Amendment of an outdated constitution
- Compliance with the rule of law in every circumstance
- Differentiating the justice system from the executive portion
- Regular accountability and monitoring should be put in place at every institution.
- People should study their rights, both social and political.
About the Author
Mohamed Awil is the Finance Manager at ADCON Construction Company and a lecturer at Golis University, bringing seven years of experience in finance and auditing across public and private institutions. He holds a bachelor’s degree in Management Science Information Technology (MSIT) from Golis University and a master’s degree in Public Financial Management from Ethiopian Civil Service University. You can connect with him on X @Mohamed392.
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