Somaliland - Politics and Government

Politics and Government

Somaliland formed a hybrid system of governance under the Constitution of Somaliland, combining traditional and western institutions. In a series of inter-clan conferences, culminating in the Boorama Conference in 1993, a qabil (clan or community) system of government was constructed. The constitution separates government into an executive branch, a legislative branch, and a judicial branch, each of which functions independently from the others.

A traditional Somali council of elders, known as the guurti, that included wise men from every clan, was formed by the Somali National Movement after the fall of Somalia's Barre regime. The guurti worked with rebel leaders to set up a new government, and was incorporated into the governance structure, becoming the Parliament's House of Elders. The government became in essence a "power-sharing coalition of Somaliland's main clans," with seats in the Upper and Lower houses proportionally allocated to clans according to a predetermined formula, although not all clans are satisfied with their representation. In 2002, after several extensions of this interim government, Somaliland transitioned to multi-party democracy. The election was limited to three parties, in an attempt to create ideology based elections rather than clan based elections.

The Executive is led by an elected President, whose government includes a vice-President and a Council of Ministers. The Council of Minister, who are responsible for the normal running of government, are nominated by the President and approved by the Parliament's House of Representatives. The President must approve bills passed by the Parliament before they come into effect. Presidential elections are confirmed by the National Elections Commission. The President can serve a maximum of two five-year terms.

Legislative power is held by the bicameral Parliament. Its upper house is the House of Elders, and the lower house is the House of Representatives. The lower house is chaired by Abdirahman Mohamed Abdullahi. Each house has 82 members. Members of the House of Elders are elected indirectly by local communities for six-year terms. The House of Elders shares power in passing laws with the House of Representatives, and also has the role of solving internal conflicts, and an exclusive power to extend the terms of the President and representatives under circumstances that make an election impossible. Members of the House of Representatives are directly elected by the people for five-year terms. The House of Representatives shares voting power with the House of Elders, though it can pass a law that the House of Elders rejects if it votes for the law by a 2/3's majority, and has absolute power in financial matters and confirmation of Presidential appointments (except for the Chief Justice of the Supreme Court). However, the Parliament provides weak oversight of the executive branch.

The judicial system is divided into district courts, (which deal with matters of family law and succession, lawsuits for amounts up to 3 million SL, criminal cases punishable by up to 3 years imprisonment or 3 million SL fines, and crimes committed by juveniles), regional courts (which deal with lawsuits and criminal cases not within the jurisdiction of district courts, labour and employment claims, and local government elections), regional appeals courts (which deal with all appeals from district and regional courts), and the Supreme Court (which deals with issues between courts and in government, and reviews its own decisions), which is the highest court and also functions as the Constitutional Court.

Somaliland has three political parties: the United Peoples' Democratic Party, the Peace, Unity, and Development Party, and the Justice and Development Party. Under the Somaliland Constitution, a maximum of three political parties are allowed, and parties defined by religion or clan are prohibited, though all three parties are closely affiliated with a clan.