Politics of Somaliland

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The politics of Somaliland have developed largely separately from the politics of the rest of Somalia since northern Somalia declared itself unilaterally independent as Somaliland in 1991 .

Somaliland remained politically stable compared to southern and central Somalia - where the Somali civil war has been ongoing since 1991 - apart from territorial disputes with the neighboring autonomous Somali region of Puntland . It is a presidential republic with a two-chamber parliament. The political system, which was initially based on the traditional councils of elders of the clans , was transformed into a system with three political parties and general elections with the 2001 constitution . Since then, local elections have been held in 2002 , presidential elections in 2003 and 2010, and parliamentary elections in 2005 . Mostly Somaliland is described as (in the transition to) democracy , but critics have also accused the previous governments of authoritarian tendencies and violations of political rights. The central theme of Somaliland's foreign policy is the effort to achieve international recognition of its de facto independence.

Supporters of the UCID party, dressed in the colors of the Somaliland flag , at a rally leading up to the 2005 general election
Map of Somaliland and the surrounding area with clans, administrative regions and territorial claims

history

Mainly from Somalia - clan of Isaaq , besides also of you and Darod inhabited what is now northern Somalia / Somaliland in 1884 as British Somaliland colonized. It was granted independence on June 26, 1960, and on the following July 1, it was united with the former Italian Somaliland to form Somalia with Mogadishu as its capital. The reason for the amalgamation were efforts to unite all Somali in one state, after this people had been divided into several states through colonization. However, many residents of the area soon felt marginalized and oppressed in the whole of Somalia, and national integration caused difficulties. After Siad Barre seized power in 1969 and established an authoritarian government, Isaaq founded the rebel movement Somali National Movement (SNM) in 1981 , which started an armed struggle against the government in northern Somalia. The latter responded with repression measures, which culminated in the bombing of the cities of Burao and Hargeysa in 1988. Tens of thousands were killed and hundreds of thousands displaced within Somalia or into neighboring Ethiopia. The minority clans of the Gadabursi-Dir and the Dolbohanta-Darod partly supported the government against the SNM. In 1991, various South Somali rebel movements succeeded in ousting Barre, but conflicts between clans and warlords prevented the formation of a successor government. The Somali civil war has continued in southern and central Somalia since then.

In the meantime, the SNM initiated a process of reconciliation between the northern Somali clans, using traditional peacemaking mechanisms. At a meeting of clan elders led by the SNM in Burao in 1991, Somaliland's unilateral declaration of independence was adopted. This step was originally not planned by the SNM leadership and was made under pressure from the public, which, due to the war experience, rejected the unity with southern and central Somalia by a majority. Together with the declaration of independence, a “National Charter” was passed, according to which the SNM should exercise power for the next two years. A new constitution was then to be drawn up under which power would pass to an elected government. SNM leader Abd-ar-Rahman Ahmad Ali Tur became the first president. However, the SNM soon disintegrated into warring factions and, as in the rest of Somalia, clan conflicts arose until a 1992 ceasefire agreement was signed. At another conference in Boorama in 1993, a new national charter and a peace agreement were passed, and the SNM transferred power to a civilian government with a two-chamber parliament under President Mohammed Haji Ibrahim Egal . In 1994–1996 clashes flared up again. Members of the Dir clan in the western Awdal region , who refused to recognize Somaliland's authority, proclaimed their own "Republic of Awdal" in 1995.

Another conference in Hargeysa in 1996/97 led - together with several local peace meetings between individual subclans - to the ongoing peace and confirmed Egal's presidency for the next five years. During this time the President fulfilled his obligation to prepare a constitution for Somaliland . This was approved in a referendum in 2001 . The next steps towards democratization should be local elections in 2001 and presidential elections in 2002. Delays in preparation and Egal's death in 2002 resulted in a year delay in implementing these plans. As provided in the constitution, the previous Vice President Dahir Riyale Kahin took over the presidency, in which he was confirmed in 2003 . In 2002 the local elections were the first multi-party elections in the country, and in 2005 the House of Representatives was elected .

In the 2010 presidential elections , which should originally have taken place in 2008, opposition candidate Ahmed Mohammed Mahamoud Silanyo won .

Foreign policy

The central theme of Somaliland's foreign policy is the effort to achieve international recognition of its de facto independence. It refused to participate in all-Somali peace talks and refused to reintegrate into Somalia.

The transitional government of Somalia continues to seek the reintegration of Somaliland. However, it is currently hardly concerned with this question, as it is confronted with considerable resistance from various opponents in southern Somalia.

Relations with Ethiopia

Somaliland has good (economic) relations with neighboring Ethiopia ; Since the Eritrea-Ethiopia War 1998–2000, a large part of Ethiopian exports has been handled via the port of Berbera , since Ethiopia can no longer use the ports of Eritrea ( Massaua and especially Assab ). These relationships stand in contrast to the “traditional hostility” towards Ethiopia felt by many Somali in other areas and against the background that many Northern Somalis had already not supported the Siad Barres Ogaden war against Ethiopia and the SNM had been promoted by Ethiopia. So far, however, they have not led to official recognition by Ethiopia.

At the same time, Ethiopia also supports the transitional government in southern Somalia against Islamists and other opponents and intervened militarily there from late 2006 to early 2009. This military presence was largely unpopular and widely viewed as an occupation. Sections of the Somali population accuse Ethiopia of wanting to weaken and fragment Somalia in order to prevent future claims to a Greater Somalia . From this point of view, they see the Ethiopian support for Somaliland as part of this strategy or Somaliland's cooperation with Ethiopia as treason.

Relations with the rest of the international community

Other states in the region refuse to recognize Somaliland for various reasons. Djibouti fears that if the port of Berbera were recognized, it would gain in importance and thus become a competitor for its own port. From a Sudanese perspective, the recognition of Somaliland would also be a sign of the independence of South Sudan . Egypt , which is fighting with Ethiopia over the distribution of the water of the Nile , would also be reluctant to see the emergence of a state friendly to Ethiopia. Like other Arab states - particularly Saudi Arabia - it advocates a united Somalia as a counterweight to Ethiopia, which is Christian and maintains good relations with the USA and Israel .

The main reason for the restraint of the rest of the international community is the fear that recognition of Somaliland would have a negative impact on peace efforts in the rest of Somalia and would be used as a precedent by other independent entities. In Africa, South Africa , Zambia , Rwanda and Ghana are considered to be supporters of Somaliland. However, like Western states, they hesitate to recognize it as long as the African Union does not take this step. Within the European Union , Great Britain as well as Denmark and Sweden have a positive attitude towards Somaliland, while Italy in particular - the former colonial power of the rest of Somalia - would like to maintain Somali unity. The US currently supports the transitional government; Since this has so far proven to be largely unpopular and unsuccessful, some foreign policy and military circles are meanwhile in favor of switching US support to Somaliland. Somaliland has offered itself as a location for the regional command of the US armed forces AFRICOM , after this was rejected in large parts of Africa.

In the absence of recognition, Somaliland received little outside support for its economic and political development, which is partly offset by money transfers from Somalilians living abroad . Some observers believe that this is precisely why Somaliland is more firmly anchored in its own population and has been able to avoid the negative effects of dependence on external aid. In contrast to many African countries, Somaliland has no external debt as it does not receive any loans from the World Bank or the International Monetary Fund .

In the meantime Somaliland is practically treated like a state in various respects, without this being connected with an official recognition. This development has been described as the "creeping, informal and pragmatic acceptance of Somaliland as a political reality". Djibouti and Ethiopia accept Somali passports. The UK, the EU and the US all supported the holding of elections. A number of international organizations and companies that are active in Somaliland are in contact with Somaliland authorities and have concluded agreements with them. President Dahir Riyale Kahin was received by officials in London and Washington in 2008 , and Somaliland officials were also received in Egypt, Ethiopia, France, Italy, Kenya and Yemen. Ethiopia maintains a trade office in Hargeysa, which is in fact equivalent to an embassy. Somaliland, for its part, has officially recognized representations in Ethiopia, South Africa, Ghana, London and Brussels .

Somaliland is a member of the UNPO and applied for membership in the African Union in December 2005. An AU fact-finding mission visited Somaliland in April and May of the same year and in its report cautiously advocated recognition of the country. The AU's predecessor organization, the OAU , had refused because it feared that recognition of a split could encourage further wars of independence in Africa. Since it was founded, it had adhered to the principle that the state borders drawn in the colonial era must not be changed in order to reduce the potential for conflict. Somaliland counters this by stating that in colonial times, British Somaliland was its own demarcated area, which five days after its recognized independence voluntarily chose to unite with Italian Somaliland and now wants to leave it again in accordance with the colonial borders. In terms of international law , it takes the position that it has not completed secession , but the dissolution of a union .

In a 2006 report, the International Crisis Group advocates granting Somaliland observer status in the AU, the United Nations and the regional organization IGAD and examining recognition of its independence.

Border dispute with Puntland

Main article: Border dispute between Somaliland and Puntland

With the neighboring Puntland area to the east , which declared itself autonomous in 1998, there are differences regarding the affiliation of the Sool region and the eastern parts of the Sanaag and Togdheer regions . Since Puntland mainly due to the clan of Harti- Darod supports and also Harti Darod live in these areas (of the sub-clans of the Wars Angeli and Dolbohanta) rises Puntland entitled to them; Somaliland, on the other hand, relies on the borderline of the Protectorate of British Somaliland . The fact that oil deposits are suspected in the disputed area increases the potential for conflict. This unresolved territorial dispute is another reason why the international community does not recognize Somaliland.

The area in question is rural, poorly developed and sparsely populated by nomads who breed cattle and are repeatedly affected by drought. The Dolbohanta and Warsangeli initially supported Somaliland by a majority, but felt increasingly marginalized towards the Isaaq and Dir. Some of them therefore turned to Puntland after 1998 or later to the Somali transitional government formed in 2000 .

From 2002 Puntland took control of parts of the border area. Fighting broke out in 2004 and 2007. Warsangeli in Sanaag, who reject both Puntland and Somaliland and prefer regional autonomy within a future united Somalia, proclaimed Maakhir as a further state in July 2007 , and in May 2008 Dolbohanta in Sool proclaimed Northland State for similar reasons , whose political leaders are themselves but already participated in parliamentary elections in Puntland in 2009.

Somaliland and Somaliland exile

Due to a long tradition of emigration for commercial activities, training or job search, and more recently as a result of dictatorship and civil war from the 1970s to the early 1990s, a large number of people from the Somaliland area now live as refugees and economic migrants in Arab states, in Europe or North America. These Somaliland countries in exile have made a significant contribution to the development of Somaliland, continue to play a major role in the economy and are largely involved in Somaliland politics. Somaliland was therefore also referred to as a "transnational state", the capital of which is Hargeysa, but from which numerous citizens live scattered around the world and generate a large part of the economic output there.

Virtually all Somaliland exiles send money to Somaliland on a regular basis, an estimated 200 to 500 million US dollars annually (for the whole of Somalia, estimates range from 500 million to one billion). About half of these transfers go directly to relatives and contribute to their household income. In addition, money transfers also flow to local non-governmental organizations or in the form of investments. Somali exiles financed the SNM uprising in the 1980s and became involved in the peace process in the early 1990s. As returnees, they bring with them a growing number of qualifications and experience, and they represent the most important source of funding for the parties that have existed since 2002. Isaaq in particular, who live abroad, campaign for Somaliland to be recognized there.

Domestic politics

Independence seems to enjoy the support of large parts of the population. The organizations Awdal Sool and Sanaag Coalition Against Secession ASSCAS, Northern Somali Unionist Movement NSUM and Northern Somalis for Peace and Unity NSPU, which are directed against Somaliland's declaration of independence, have their support base mainly in the minority clans, some of which oppose the Isaaq Majority feel disadvantaged; but there are also Isaaq who reject the declaration of independence. Proponents of reunification with Somalia complain about difficulties in freely expressing this opinion.

The endeavor to maintain political stability has far-reaching consequences in domestic politics. This endeavor is very pronounced because, on the one hand, the instability in southern and central Somalia is perceived as a deterrent example and, on the other hand, the stability of Somaliland is a key argument for its recognition.

The internal problems of Somaliland correspond to the typical problems of a developing country : the economy has grown since the declaration of independence, but poverty and hunger remain widespread. As a result of rural exodus , unemployment is growing in urban areas. There is corruption and a lack of qualified government personnel. The government is committed to promoting population education and the diversification of the economy, but has a limited budget of around US $ 20 to 35 million annually due to the political situation. The prospect of more development aid is assessed differently: The hope for more financial resources is offset by concerns about becoming more dependent on foreign countries and losing initiative. In 2008 Somaliland was also affected by the global rise in food prices, which, along with drought and inflation, put parts of the population at existential risk. This, combined with the dispute over postponing the presidential election - which eventually took place in 2010 - made the domestic political situation more tense.

The importance of Islam as a state-supporting element is laid down in the constitution. The Sharia serves as a source of law alongside common law and modern law. The practice of religion is traditionally more moderate. However, there are fundamentalist currents, influenced by Wahhabism , that advocate a stricter application of Islamic rules. The government sees suspected Islamist influences by al-Qaida or the southern Somali Union of Islamic Courts or al-Shabaab as an internal threat. In 2003 and 2004, Islamists murdered four foreign aid workers, including Annalena Tonelli . There were several arrests and death sentences in connection with this. In 2006, an Islamic court in Las Anod was temporarily affiliated with the Union of Islamic Courts, which, however, did not advance militarily to Somaliland. On October 29, 2008, suicide bombings were committed for the first time in Hargeysa - and at the same time in Boosaaso in Puntland. These were directed against the presidential palace, the Ethiopian trade office and the office of the United Nations development program .

Role of clans

see also: clan system of the Somali

Somali society is divided into tribes or clans. Every Somali belongs to a clan through his paternal lineage , which in turn is part of a larger clan, etc., up to five or six large clan families that can be traced back to a common ancestor.

By far the largest clan in Somaliland are the Isaaq , who are estimated to make up 80% of the population. Neighboring them are in the west in the Awdal region the Dir (with the subclans Gadabursi and Issa ) and in the east Harti- Darod (Warsangeli in Sanaag , Dolbohanta in Sool ). Members of South Somali clans (mainly Rahanweyn , also Hawiye and some “ Somali Bantu ”) live as war displaced persons and economic migrants in Somaliland, their number is unknown. While Somaliland regards itself as a pluralistic entity of all clans in its territory, in the rest of Somalia it is widely perceived as a project of the Isaaq clan. Some members of minority clans in Somaliland, especially Harti-Darod in the disputed border area, share this view.

The councils of elders (guurti) and their assemblies (shir beeleed) , which have a peacemaking function in the clan system, played a decisive role in the proclamation of independence and the development of the state. Unlike in southern and central Somalia, where the Italian colonial power intervened more strongly in internal affairs and weakened the importance of such councils, their position in Somaliland has largely remained intact. Some observers argue that the peace process in Somaliland was successful, while peace efforts in the rest of Somalia with the participation of the international community have so far been unsuccessful. After 1993, these traditional elements were incorporated into political structures based on the modern Western model. The role of the councils of elders in the state has been institutionalized by including them as the upper house of parliament . The seats in the lower house (House of Representatives) were initially also divided into clans, and the clans appointed their representatives. The constitution adopted in 2001 and the subsequent multi-party elections in 2002, 2003 and 2005 marked the formal transition from this clan-based political system to a democracy based on parties. The importance of clans in politics is still great.

The clans expect politicians from their ranks to represent the interests of the clan. The parties are each politically neutral and have representatives from all clans in their ranks, but certain clans tend to support certain parties. Many voters decide not least on the basis of their clan membership, and because the parties' resources for election campaigns are scarce, the clan networks play an important role in this. In the 2005 parliamentary elections, 31% of the votes for the ruling UDUB party went to candidates from the Gadabursi-Dir clan and 20% to Habar-Yunis-Isaaq. Of the votes that Kulmiye received, 31% and 21% respectively went to candidates from the Habar-Toljaalo-Isaaq and the Habar-Awal-Isaaq. UCID initially had its support base primarily with the Eidagalla Isaaq, but in 2005 it was also supported by a section of the Habar Yunis Isaaq, whose candidates contributed 34% of the votes. The parties tend to put forward candidates from larger subclans because they hope to get more votes from them than from smaller groups. Women, too, are still rarely put up and elected as candidates, mainly because politics in the context of the clans traditionally functions exclusively through men.

Clans Seats in parliament
ahead of the 2005 elections 		Seats
after 2005 		change
Isaaq 48 (59%) 57 (69.5%) +9
Gadabursi-Dir 10 (12%) 13 (16%) +3
Issa-dir 5 (6%) 1 (1.2%) −4
Dolbohanta-Darod 9 (11%) 6 (7.3%) −3
Warsangeli-Darod 5 (6%) 4 (4.8%) −1
Hawiye 1 (1.2%) 1 (1.2%) -
Minorities 4 (4.8%) 0 (0%) −4

President Dahir Riyale Kahin is Gadabursi-dir. Of the 82 members of the House of Representatives, 57 or 70% are Isaaq (20 UDUB, 20 Kulmiye, 17 UCID), 13 Gadabursi-Dir (7 UDUB, 3 Kulmiye, 3 UCID), 1 Issa-Dir (UDUB), 6 Dolbohanta-Darod (2 UDUB, 3 Kulmiye, 1 UCID), 4 Warsangeli-Darod (2 UDUB and 2 Kulmiye) and 1 Hawiye (UDUB). In the 2005 elections, Isaaq in particular and the Gadabursi-Dir won seats. Of the Isaaq, the large subclans Garhajis (Habar Yunis and Eidagalla), Habar Awal and Habar Toljaalo gained seats, while the smaller subclans Ayub and Arab lost seats. The minorities ( Gabooye , Arabs, Gurgure-Dir, Jibraahiil-Majerteen-Harti-Darod) could not hold any of their previous four seats. The losers include the Warsangeli and Dolbohanta because of the low turnout in Sanaag and Sool. The Issa-Dir are noticeably less represented because, instead of Somaliland, they are increasingly orienting themselves towards neighboring Djibouti, where they make up the majority of the population and dominate politics.

There are currently no open conflicts between clans; the clans made peace in the early 1990s. It was decided not to come to terms with and prosecute the mutual human rights violations in the civil war, both with regard to the crimes of the state army against the Isaaq - with partial support from you and Darod - and with regard to the attacks by the Isaaq-dominated SNM (summary executions of government soldiers, attacks on Dilla and Hadaaftimo ). The theme of this war past plays a certain role in today's politics and shows differences between Isaaq and other clans and between the ruling UDUB party, some of which were part of the state apparatus at the time of the Barre regime, and the opposition Kulmiye , the many Veterans belonging to the SNM. On the one hand, the fact that President Dahir Riyale Kahin belongs to the minority clan of the Gadabursi-Dir is positively emphasized, on the other hand, he is charged with his work in the notorious National Security Service . Different clan affiliations also play a role in the border dispute with Puntland .

Human rights

Amnesty International criticizes the persistence of the death penalty and cases of controversial detentions and trials in Somaliland.

The media and opposition parties are generally reluctant to criticize the government in order not to endanger political stability. While the press market is barely regulated but restricted to a small number of readers, radio, as the medium with the most widespread use, is subject to stricter controls, and no domestic broadcasters are permitted except for the state-run radio Hargeisa . Freedom of expression is restricted, particularly with regard to relations with Ethiopia and the rest of Somalia. For example, a weekly magazine was banned after it looked at the possibility of a reunification with Somalia. In January 2007, the editor and several journalists of the daily Haatuf were arrested for having "defamed" the president's family with their corruption allegations. After 86 days in detention, they were pardoned and released under pressure from local media and Somali countries living abroad. Other journalists dealing with corruption were also victims of intimidation.

Asylum seekers from the Ethiopian regions of Somali and Oromia , who are suspected of supporting the separatist Ogaden National Liberation Front (ONLF) or the Oromo Liberation Front, have been repatriated to Ethiopia at the request of the Ethiopian government. According to human rights organizations, these people are at risk of arbitrary detention and torture. At the end of 2007, 24 Mogadishu journalists who had fled attacks during the fighting there were expelled from Somaliland for criticizing the allied Ethiopia and thereby endangering national security. However, this order was not carried out.

In 2007 the Somaliland Human Rights Organizations Network (SHURO Net) tried to take legal action against the regional security committees, which can arbitrarily arrest people and which critics say are unconstitutional. In the same year, SHURO Net broke up due to internal disputes under government interference.

The ban on the establishment of new political parties and the related arrests also met with criticism from international human rights organizations. The US organization Freedom House describes Somaliland as "partially free" with regard to political freedom, while the rest of Somalia is classified as "unfree".

Women are hardly represented in politics. The parties are in favor of strengthening their political role, but are reluctant to run women as candidates because they see the risk of losing votes in this. In the 2005 parliamentary elections, seven of the 246 candidates were women, two of whom were elected (for Kulmiye in Awdal and for UDUB in Sanaag ). Women's organizations have therefore called for women's quotas for parliament. The minority groups ( Yibir , Madhibaan , Tumaal etc.) who are grouped together as Gaboye and comprise tens of thousands of people , traditionally restricted to certain professions and have a special status in the clan system, are also still subject to discrimination.

Political parties

According to the constitution, adopted in 2001, free political parties were allowed to be founded and to participate in the 2002 local elections . However, only the three parties with the largest number of voters in the local elections would be allowed to participate in the presidential election and in all future elections. This regulation was intended to prevent the emergence of small splinter parties that only represent the interests of a particular clan or region. After the results of the local elections, the presidential party UDUB ( Ururka Dimuqraadiga Ummadda Bahawday , Union of Democrats) as well as Kulmiye (Solidarity) and UCID ( Ururka Caddaalada iyo Daryeelka , Party for Justice and Development) achieved permanent approval.

The UDUB, founded in 2001 by President Egal , provided the President from its foundation until 2010. Above all, it stands for continuity in politics and refers to the achievements and successes of the existing government. The Kulmiye party has many veterans from the war of the SNM against Siad Barre as party leaders, appeals to the patriotism of the voters and especially tries to attract women and young voters. UCID is shaped by Somali countries in exile who have returned from Scandinavian countries, represents a particular program of the three parties and is committed to liberal democracy and the establishment of a welfare state based on the Western model. The opposition parties Kulmiye and UCID formed a coalition in 2005 and thus have a majority of the votes in the House of Representatives. All parties categorically reject reconnection to Somalia and emphasize the continuation of independence, stability and democracy.

While the limit on the number of parties in itself is widely accepted, in Somaliland it is debatable whether the three permissible parties should forever be UDUB, Kulmiye and UCID or whether new applicants should be allowed. In late July 2007, three leaders of the illegally formed Qaran (Nation) political group were arrested. In October, they were sentenced to three years and nine months in prison for unauthorized political activity and five years of voting rights, and were soon pardoned.

Political structures

government

The executive branch comprises the president as head of state and government, the vice-president and the Council of Ministers . The president, together with the vice-president, is elected by the people for a maximum of twice for a term of office of five years. He appoints and dismisses the ministers, whereby these decisions must also be approved by parliament.

Although the ministers should be selected primarily on the basis of their qualifications, the previous presidents have each appointed ministers based on their clan membership in order to secure the support of the corresponding clans. The number of ministers has increased from 19 in 1993 to over 30.

The executive has significantly more weight than parliament and the judiciary, so that the balance of power between the three powers and an effective separation of powers , although provided for in the constitution, are not there.

houses of Parliament

The House of Representatives ( Golaha Wakiilada ) in Hargeisa
Meeting room, House of Representatives
The Council of Elders ( Golaha Guurtida )

The parliament (Somali Baarlamaanka ) consists of two chambers, the Council of Elders (English House of Elders , Somali Golaha Guurtida or Guurti for short ) and the House of Representatives or Golaha Wakiilada , both of which have 82 members.

The members of the House of Representatives are elected by the people for a term of five years, as was the case for the first time in the 2005 elections . The seats are distributed by administrative region as shown in the table below:

region Number Seats
Awdal 13
Hargeysa (south of Woqooyi Galbeed ) 20th
Saaxil (north of Woqooyi Galbeed) 10
Sanaag 12
Sool 12
Togdheer 15th

In the institution of the council of elders, the traditional councils of elders of the clans are integrated into a modern state system. This council primarily has an advisory role and special responsibility for laws relating to security, religion and culture. Its members are determined by the clans and have a six-year term of office. The question of whether they should also be determined by popular elections in the future is the subject of political debate.

To run for a seat in the House of Representatives, a citizen must be Muslim, at least 35 years old, have at least attended secondary school, have no criminal record within the last five years, and be able to perform his or her duties. State employees can only start if they withdraw from their employment with the state. The same requirements apply to the Council of Elders, with the exception that the minimum age is 45 years and a good knowledge of religion and traditions is required.

Judicial system

The judicial system includes the district and regional courts as the courts of first instance, the appellate courts in each region and the highest instance, the Supreme Court and Constitutional Court in Hargeysa. In August 2006 Somaliland had a total of 33 courts with 87 judges.

The legal sources are Somali customary law ( heer or xeer ), Islamic law ( Shari'a ) and modern (British and Italian) law. These often contradict each other considerably. The corporal punishment for certain crimes provided for in the Shari'a is not applied, since such cases are dealt with under customary law with compensation payments and the constitution forbids corporal punishment.

Somaliland's judiciary is considered to be the only functioning system of this kind in Somalia that complies with some rule of law criteria. However, there have been several controversial proceedings that international human rights organizations have described as unfair (see Human Rights ). There are doubts about the qualifications of judges and the independence of the judiciary from the government, and the courts are considered to be inadequately equipped.

Regional and local administration

Somaliland comprises five of Somalia's 18 administrative regions : Awdal , Sanaag , Sool , Togdheer and Woqooyi Galbeed . The coastal strip of Woqooyi Galbeed was separated in 1996 and since then has formed a sixth Saaxil (Sahil) region with the port city of Berbera as the capital. The remainder of Woqooyi Galbeed is sometimes called the Hargeysa region after the capital .

These regions were divided into 21 districts according to the administrative structure of Somalia. Since the founding of Somaliland, the district divisions have been changed and around 20 new districts have been created, not least in order to gain the goodwill of individuals or clans for the government by assigning district council offices. The boundaries of the new districts were often not precisely defined, so that until 2002 the actual number of districts was unclear.

The Regions and Districts Act of 2002 formalized the administrative structure with six regions and 23 districts in which local elections for the district councils would take place. The districts were categorized according to area, population and density, economy and production in grades from A to D, with A being the highest and D the lowest. A-districts have district councils with 21 members, B-districts 17, C-districts 13 and D-districts nine, the capital Hargeysa has a parish council with 25 members. The district councils are directly elected by the district electorate - for the first time in the local elections in 2002 - and in turn appoint the mayor. In four districts of the disputed Sool and Sanaag regions, local elections were not held for security reasons , so there is no administration associated with the Somaliland government. The 19 districts with elected district councils have police and judicial structures in place, and tax revenues are passed on to central government, which in turn provides the districts with funds to pay civil servants, including teachers and health workers. Most districts are largely financially dependent on the central government for lack of their own resources.

The regions are governed by regional councils made up of the elected mayors. These are headed by governors who are appointed by the central government.

In March 2008, President Dahir Riyale Kahin announced the creation of six new regions and 16 districts. This plan is controversial domestically, critics accused the president of changing the administrative boundaries in his own favor .

Police and military

After the 1993 Boorama conference , units of the rebel movement SNM and other militias - an estimated 40,000 men in 1991 - were demobilized or integrated into the police force and the newly formed Somaliland national army. In accordance with the Boorama Peace Agreement, the clans were responsible for making their armed men available for the security forces or for disarming them and handing over the weapons to the government. The police largely enforced that guns are no longer carried in public.

The security forces have since been dismantled; in 2003, according to the government and the United Nations, they comprised around 17,000 people and cost 50 to 70 percent of the state budget, mainly for wages. By integrating the militias into the state security forces and paying them by the state, it was possible to prevent them - as in southern Somalia - from becoming independent and going over to banditry and looting; however, the high expenditure for this is also controversial.

There are regional security committees in all six regions, each comprising the governor, the police commander, the attorney general , the army commander and the commander of the region's custodial corps, as well as the mayor of the regional capital. These committees can detain people without charge, trial or evidence. They were created under Siad Barre as instruments of repression and reintroduced in Somaliland under President Egal. They are criticized by human rights organizations because they disregard the right to a fair trial and are also unconstitutional.

Suffrage

All citizens over the age of 16 have the right to vote, with the exception of prison inmates. For local and parliamentary elections, proportional representation applies , the election of the president and vice-president is based on majority voting .

The right to stand for election is restricted for non-Muslims, as membership of Islam is a prerequisite for eligibility for various political offices.

literature

swell

Individual evidence

  1. ↑ Bradbury 2008 (pp. 80-82)
  2. ↑ Ioan M. Lewis: Understanding Somalia and Somaliland , 2008, ISBN 978-1-85065-898-6 (p. 75)
  3. ^ Maria Brons: Somaliland: Two Years after the Declaration of Independence , 1993, ISBN 978-3-928049-23-8 (pp. 11, 23, 25)
  4. ↑ Ken Menkhaus: Understanding the state failure in Somalia: internal and external dimensions , in: Heinrich Böll Foundation (ed.): Somalia - Old conflicts and new opportunities for state formation , 2008
  5. ↑ a b c GEO N o 338, April 2007: Somaliland - Bienvenue au pays qui n 'existe pas!
  6. ↑ a b c d e Seth Kaplan: The Remarkable Story of Somaliland , in: Journal of Democracy , Vol. 19/3, July 2008
  7. ↑ Dahir Riyale Kahin: Bittersweet Independence , in: Washington Post, June 26, 2007 (on Ghana)
  8. ^ The Senlis Council: Chronic Failures in the War on Terror, From Afghanistan to Somalia (p. 67)
  9. ↑ Jeremy Sare: It's time Somaliland was declared independent , in: Guardian.co.uk, October 8, 2008
  10. ^ J. Peter Pham: The US and Somaliland: A Road Map , in: World Defense Review, February 22, 2008
  11. ↑ Richard Lough: Africa's isolated state , in: Al Jazeera English, February 24, 2009
  12. ^ A b David H. Shinn: Somaliland: The Little Country That Could (2002).
  13. ↑ Mark Bradbury, Adan Yusuf Abokor, Haroon Ahmed Yusuf: Somaliland: Choosing Politics over Violence , in: Review of African Political Economy, Vol. 97 (creeping informal and pragmatic acceptance of Somaliland as a political reality) .
  14. ↑ Somaliland closer to recognition by Ethiopia , in: afrol News, June 2007
  15. ↑ International Crisis Group: Somaliland: Time for African Union Leadership ( Memento June 10, 2010 in the Internet Archive ), 2006
  16. ↑ Mail & Guardian Online: AU supports Somali split ( Memento of September 30, 2007 in the Internet Archive )
  17. ↑ The East African / unpo.org: Somaliland: AU Mission to Somaliland Says Recognition Overdue ( Memento of October 5, 2006 in the Internet Archive )
  18. ^ Brons 1993
  19. ^ Somaliland Times / The Economist: Breaking into even smaller bits?
  20. ↑ Bradbury 2008 (pp. 126, 130f.)
  21. ↑ BBC News: Somali regions clash over border
  22. ↑ Reuters: Somaliland, Puntland clash over disputed turf again
  23. ↑ Reliefweb.int: Somalia: Thousands flee homes in disputed region fearing renewed clashes
  24. ↑ Garowe Online: Somalia: We will reach international border, says Somaliland leader ( Memento from March 31, 2008 in the Internet Archive )
  25. ↑ Bradbury 2008 (pp. 146–151, 174–179)
  26. ↑ Garowe Online: ASSCAS Press Release: In Support of Las Anod's Resistance Against Somaliland ( Memento of April 14, 2008 in the Internet Archive )
  27. ↑ Northern Somali Unionist Movement (NSUM) ( Memento from August 28, 2008 in the Internet Archive ) (PDF)
  28. ↑ NSPU ( Memento of February 16, 2009 in the Internet Archive )
  29. ↑ International Crisis Group: Somaliland: Time for African Union Leadership (p. 6f.)
  30. ↑ BBC News: Somaliland: Stability amid economic woe
  31. ↑ IRIN News: Somalia: Ministerial committee discusses food crisis in Somaliland
  32. ↑ IRIN News: Somalia: No longer able to live on 100 dollars a month
  33. ↑ Bradbury 2008 (pp. 179-183)
  34. ↑ Lewis 2008 (pp. 79, 87)
  35. ↑ Free Muse / unpo.org: Somaliland: Protesters Mute Music Fest
  36. ↑ BBC News: Deadly car bombs hit Somaliland
  37. ↑ Garowe Online: Somalia: Somaliland police search for clues after terror attacks ( Memento from September 4, 2012 in the web archive archive.today )
  38. ^ Bradbury 2008 (p. 130)
  39. ↑ Bradbury 2008 (p. 216)
  40. ↑ Matthias Seifert: The New Founding of Somaliland - An Endogenous State-Building Process in the Horn of Africa , in: Contributions to the 1st Cologne Conference on Africa Studies (PDF; 141 kB)
  41. ^ Bradbury 2008 (p. 186)
  42. ↑ a b Progressio Report: Further Steps to Democracy - The Somaliland parliamentary elections, September 2005 ( Memento of July 9, 2006 in the Internet Archive ) (PDF; 301 kB)
  43. ↑ APD: A Vote for Peace (p. 42)
  44. ↑ a b Bradbury 2008 (pp. 213–215)
  45. ↑ APD: A Vote for Peace (p. 44)
  46. ↑ Bradbury 2008 (p. 78)
  47. ↑ International Crisis Group: Somaliland: Democratization And Its Discontents (pp. 20f.)
  48. ↑ a b Amnesty International: 2006 Annual Report on Somalia
  49. ↑ a b Amnesty International: 2008 Annual Report on Somalia ( Memento of March 4, 2016 in the Internet Archive )
  50. ^ A b c Human Rights Watch: "Hostages to Peace". Threats to Human Rights and Democracy in Somaliland, 2009 (PDF; 353 kB)
  51. ↑ BBC Profile: Regions and territories: Somaliland # Media
  52. ↑ Garowe Online: Many Somalia journalists find refuge in Garowe ( Memento from August 22, 2008 in the Internet Archive )
  53. ↑ afrol.com: Somaliland journalists freed after 86 days
  54. ↑ HRW 2009 (pp. 37–39)
  55. ↑ HRW 2009 (pp. 42–44)
  56. ↑ Amnesty International: Somaliland: Journalists who fled grave human rights violations in Mogadishu under threat of expulsion (PDF)
  57. ↑ SHURO Net on somalilandlaw.com
  58. ↑ Freedom House: Map of Freedom in the World: Somaliland (Somalia) (2009)
  59. ^ Norwegian Center for Human Rights (NORDEM): Somaliland: Elections for the Lower House of Parliament, September 2005 ( Memento of April 16, 2012 in the Internet Archive ) (PDF)
  60. ↑ Amnesty International on the Gaboye in Somaliland, 2005 (PDF)
  61. ↑ Amnesty International: Somaliland: Opposition party leaders jailed after unfair trial, defense lawyers fined and banned from practicing (PDF)
  62. ↑ IRIN News: Somalia: Imprisoned political leaders to be released as elections approach
  63. ^ Bradbury 2008 (p. 222)
  64. ↑ Mohammed Hassan Ibrahim and Ulf Terlinden: Peacemaking and Institutional Rebuilding: Somaliland - a Success Story? , in: Heinrich Böll Foundation (Ed.): Somalia - Old Conflicts and New Opportunities for State Building , 2008
  65. ↑ BBC News: Q&A: Somaliland votes (2005)
  66. ^ Somaliland Judicial System, somalilandlaw.com
  67. ↑ Lewis 2008 (p. 87)
  68. ^ Constitution of Somaliland, Art. 24
  69. ↑ Bradbury 2008 (pp. 229-231)
  70. ^ Bradbury 2008 (p. 50)
  71. ↑ Bradbury 2008 (pp. 231-239)
  72. ^ Regions & Districts Law (Law No: 23/2002), somalilandlaw.com
  73. ↑ Somaliland Times: President Riyale Names 6 New Regions + 16 New Districts
  74. ↑ Somaliland Times: Somaliland Local Government Re-organization through Presidential Decrees in an Election Year
  75. ↑ Bradbury 2008 (pp. 112-115)
  76. ↑ HRW 2009 (pp. 18–19, 28–33)
  77. ^ Presidential and Local Council Elections Law (Law No: 20/2001), somalilandlaw.com
  78. ^ House of Representatives Election Law (Law No: 20-2 / 2005), somalilandlaw.com
  79. ^ Constitution of Somaliland, Art. 41, 59, 82, 94.5
This version was added to the list of articles worth reading on March 20, 2008 .