Advocate Mohamed Abdi |
In our country, democratic process was
hijacked by tribal politics. We adopted heterogeneous and traditional
mechanisms based on consensus and dialogues rather the formal rules. If you
look back to all political disputes among parties, you could see that all of
them were solved through informal means, whilst electoral laws were set aside.
Parties and the public are bound to accept political compromises without
questioning their legalities. Because the prevailing fears of political unrest
is the impetus for prompt and unsustainable compromises.
Being obsessed about the prospects of
instability; is what made us skeptic about the efficiency of the formal
approach in resolving the issues. As result of those apprehensions, we failed
to get to the bottom of the constitutional crises. We are not daring enough to
clear up legal ambiguities through constitutional interpretation.
We are fools if we think that political
compromises or Abdiwarabe’s package are always reliable. Our political fears
were and are focusing on today, not on the next episodes of the life. As result
of that short-sight, one should bear in mind that we cannot escape from the
probabilities of facing the same legal and political contentions of the past.
Look at Kulmiye party, instead of
developing itself into viable political party with solid institutional bases or
at least fostering political vision founded on shared ideals that could lead us
in to better life, we see it reversing to where it had started the race. Ain’t
we learning enough from the experiences of the past? Where is Udub? What happened to Ucid? Or previously divided
Kulmiye in to two opposite wings?
All of that happened to them, because
they were artificial or “brief case” parties. Even today, when you take a close
to Kulmiye party, which could be said, it’s politically, the most successful
association, it has no sign of political evolution or prospect of democratic
consolidation. The ruling party’s conduct, its clan-based equations, or the way
its internal conflicts were handled are not only the paradigm of the existing
structural infirmity of our national parties but also proves the administrative
failures. It shows the absence of long-term strategic visions other than the
desire to get or hold the power by hook or crook.
The absence of the controlling body
that could hold the Parties accountable is also one of the factors that
scratched the salt to the wounds. That is why we deflected from the
constitutional philosophy behind the foundation of limited political parties.
The theoretical objectives that were attempting to distance our political
engagements from the influence of clan affairs. But now, we see the ruling
party deviating from the course of our shared ideals and deliberately chose to
breach legal aims of our national law, especially article 2 (3) of regulation
of political parties and associations law; law no 14.The provision spells as
following:
Article 2:
General
principles and compliance with the law
1.
The
parties/associations must comply with the provisions of Constitution, the laws
of the land and democratic procedures and must not damage the unity of the
country, the territorial integrity of the Republic of Somaliland and the public
security.
2.
The
parties/associations shall participate in educating their supporters about
electoral contests and democracy and shall pay particular attention to women
and the youth.
3.
The
parties/associations must not be based on clanism, single gender or on any
other issue which divides the society.
4.
The
parties and the associations shall be managed in a manner which is in accord
with this Law and is not in conflict with Islamic Sharia, the Constitution of
the nation, and the laws of the land and the (relevant) Rules of the parties or
associations.
5.
Any
person who is a Somaliland citizen and who fulfils the conditions set out in
this Law shall have the right to form a political association in accordance
with this Law.
Whereas enforcing bodies, namely the
Statutory Committee assigned for the Registration of Political Parties or
Electoral Commission are turning a blind eye to the political malpractices of
ruling party. Their auditing or follow up role were confined to UDHIS and NDP
political association which were denied their political rights on the grounds
of above mentioned article.
As long as, tribalism remains to be the
political spirit of our party engagements, we are bound to cope with its
unfavorable aspects when it comes to governance, social justice and legal
enforcement.
By
Advocate: Mohamed Ahmed Abdi Ba’alul
(waddi12@hotmail.com)
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