Many people start history from 1991 or 1993, which I do not believe is correct, as this country and its people have a history much deeper than what is apparent—one that has been buried in some way or neglected, whether good or bad. Our topic, however, is not that; rather, it is a general legal history related to the unique electoral system of the Republic of SomalilandSomaliland had its own specific laws created during the British Protectorate, through which the first Legislative Council of Somaliland was elected in February 1960. The council preceding it consisted of both Somalilanders and British members, as well as members of the Somaliland local government councils.Among these laws were “The Local Government Councils Ordinance, 1953 (Ordinance No. 1 of 1953)” and the (Burao Local Government Council Warrant), which was issued in 1957; this was a regulatory warrant applied under the Local Government Councils Ordinance of 1953. Additionally, there were the Somaliland Legislative Council elections ordinary laws No. 8 and 9 of 1958/1959, and the Burao Council: General Notice No. 68/1957. The first thing the Republic of Somaliland had was its own specific constitution: “When independence was gained on June 26, 1960, the first Constitution of the independent State of Somaliland came into force. That Constitution was annexed to the Somaliland Order in Council 1960 (S.I. 1960 No. 1060 of June 23, 1960). This Constitution, which consisted of 53 articles and an annex, is significant as it symbolizes the unique legal status Somaliland held as an independent state with full sovereignty, even though it was for a brief period.I will leave off there regarding the sorrowful history that the country and people of Somaliland endured from 1960 until January 1991, after what we lost on July 1st, 1960.What came next? Let us proceedWhen the country of Somaliland took the national decision in 1991 regarding the restoration of its sovereignty, the laws of the previous governments that did not contradict Islamic Sharia and the national decision of Somaliland were temporarily continued until they could be phased out one by one.Now, let us turn to our topic before we delve further: In 1993, the intellectuals of Somaliland gathered in the city of Borama in the Awdal region, and the second grand conference of the Somaliland clans was held, which lasted from January 24th to May 25th, 1993.During that conference, the first constitution possessed by Somaliland since it reclaimed its independence was created and approved. It was named the “National Charter.” The Somaliland National Charter established that it would be an interim document for two years, and it consisted of 31 articles.Article 5 stipulated that within two years, a complete constitution should be prepared and put to a national referendum. Meanwhile, Article 18(3) (j) provided for the undertaking of a national census.The National Charter therefore contained two key provisions relevant to our topic:1. The adoption of a formal constitution2. The conduct of a national censusAlthough the first objective was delayed several times, it was eventually achieved on 31 May 2001, when the official Constitution of the Republic of Somaliland was adopted. However, the second objective—a national census—has still not been implemented to date.Drafting of the ConstitutionIn implementing Articles 5 and 31 of the National Charter adopted at the 1993 Borama Conference, the House of Representatives established a committee of 10 members in mid-1994. This committee was supported by another advisory group of 25 members drawn from different sectors of society.President Mohamed Haji Ibrahim Egal also appointed a Sudanese legal expert to assist in drafting the constitution.The two-year period set by the Charter expired on 25 April 1995. As the constitution had not yet been completed, Parliament extended the process by 18 months.Subsequently, the third national clan conference was convened in Hargeisa from 16 October 1996 to 23 February 1997. Two draft versions of the constitution were presented:
● One prepared by the parliamentary committee
Garyaqaan Muuse Yuusuf MohamedMember of the Somaliland Lawyers Association (SOLLA)Hargeis
● Another revised version prepared by the Sudanese expertOn 26 November 1996, the conference leadership appointed a 15-member committee to reconcile the two drafts and produce a single final version.This committee produced a unified constitution consisting of 156 articles. On 16 February 1997, the conference approved it as a provisional constitution to be applied for three years.Further Constitutional DevelopmentAfter the third grand conference of the Somaliland communities, the two houses of Parliament—the Representatives and the Guurti—appointed a committee consisting of 24 members (11 from the Guurti and 13 from the Representatives) to re-draft the constitution. In mid-1999, they produced a constitution consisting of 99 articles; however, it was not distributed because, upon review, many people expressed concerns, leading to further amendments and supplements.On February 16, 2000, the interim period of the Constitution expired. Subsequently, the two houses of Parliament granted a one-year extension, and the constitution’s interim status was extended again until the referendum could be held.Ultimately, in March, a constitution consisting of 130 articles reached the two houses of Parliament. On April 30, 2000, the two houses of Parliament approved the draft constitution by a majority vote during a joint session.On May 7, 2000, the Speakers of the two houses of Parliament submitted five copies of the Constitution of the Republic of Somaliland, as approved and signed by the leadership of both houses, to the President of Somaliland at that time.Referendum ProcessIn accordance with Article 125 of the Constitution, the government submitted the Constitutional Referendum Law (Law No. 16/2000) to Parliament. This law came into force on 12 November 2000.President Egal appointed the Constitutional Referendum Commission in accordance with Article 11 of that law.After several delays, preparations for the referendum included:
● Printing 12,000 copies of the Constitution
● Public awareness campaign radio, newspapers, and television
● Distribution of posters and public notices
● Deployment of voting materials to 600 polling stations across SomalilandFinally, on 31 May 2001, the constitutional referendum was held across Somaliland.The provisional results were announced by the Referendum Commission, and on 13 June 2001, the Supreme Court formally validated the final results.On 14 June 2001, President Mohamed Haji Ibrahim Egal signed and promulgated the Constitution through Presidential Decree Ref: JSL/M/DEC/222-0129/72001, bringing it into orce.
Development of Electoral LawsBetween the parliamentary approval of the Constitution and the referendum, several key laws were enacted:
● Law No. 14 on Political Associations and Party Certification (implemented even before the constitutional referendum)
● This law was amended three timesSubsequently:
● The Presidential and Local Council Elections Law (Law No. 20/2001) was enacted and amended five times
● The House of Representatives Elections Law (Law No. 2/2005) was enacted and amended once
● The Voter Registration Law (Law No. 37/2007) was also introduced Consolidation of Electoral LawsBy 2019, discussions began on consolidating electoral laws into a single framework (excluding Law No. 14).In 2020, a unified titled:“General Elections and Voter Registration Law (Law No. 91/2020)”was enacted.This law was amended once, though the amendment process took considerable time and generated significant political disputes.Ultimately, the law circulated between the legislative and executive branches from 2022 to 2024, when it finally came into force. We will share essays on the History of Elections and the Electoral Laws of Somaliland.This is a brief introduction.
Garyaqaan Muuse Yuusuf