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Parliamentary Seats for constituencies in disputed Somali territories

By Liban Ahmad

Somalia is preparing for 2021 elections.  The question of disputed territories looms large over electoral plans.  Puntland and Somaliland claim to have jurisdiction over disputed territories. Divided loyalties of people in those territories have resulted in the situation.

The electoral map for 2017 indirect elections in Somalia

Puntland State did not recognise Transitional National Government (2000-2004) whose Parliament had MPs selected along clan lines during 2000 Reconciliation Conference in Djibouti. During 2004 Kenya-sponsored Reconciliation Conference out of which the federal system emerged, Puntland State gained federal representation privileges of disputed territories. In the run up to the 2012 election to end the tenure of the Transitional Federal Government, five parliamentary seats of the eight seats for parts of Sool, Sanaag and Togdheer went to Khatumo Movement; Puntland received the remaining three seats, along with seats from disputed territories in Eastern Sanaag.

The 2017 indirect elections for Somalia gave Puntland an opportunity to renegotiate parliamentary seats that were ceded to Khatumo Movement. Puntland insisted on the appointment of Senators and MPs from Disputed Territories on the basis of 1998 Charter on which Puntland was founded. President Hassan Sheikh Mohamud backed Puntland argument for two reasons: 1- the former Puntland President Dr Abdiweli Mohamed Ali was a member of the National Leadership  Council made up of the Federal Government and Federal Member States.  2-To expedite the process to conduct indirect elections without which Puntland’s role in the 2017 election outcome and legitimacy of subsequent dispensation would be called into question.  

Federal representation of constituencies in Disputed Territories has not lessened inaccessibility of territories to aid workers due to possibility of clashes between rival administrations.   Several weeks ago the Federal Government of Somalia sent medical equipment and medicine to Badhan and Buhodle, two districts in the Disputed Territories.  Puntland and Somaliland responses to a direct assistance to two contested districts differed sharply. Somaliland Government welcomed any Federal Government assistance to Disputed Territories whereas Puntland State President Said Abdullahi Deni accused the Federal Government of Somalia of fomenting political instability in Somaliland by dealing directly with elders.Through Somaliland Development Fund Somaliland Government invests in human development programmes in districts in disputed territories such as Las Anod, Taleh, Huddun and Buhodle.  What can explain President Deni’s objection to a direct federal assistance to territories his administration claims on grounds of shared clan affiliation?          

 In 2016 Puntland State signed the agreement to join the 2017 electoral process on the understanding that, after 2017, 4.5 power-sharing arrangement will not a basis for future elections. Puntland reiterated that stance in Puntland Consultative Conference Communique more forcefully: “ 1- The [ electoral] law conflates popular elections with clan-based power sharing 4.5 formula. This directly contradicts the provisional Federal constitution. 2- The law constitutionalizes the clan-based power-sharing 4.5 formula.”

The recommended addendum to the electoral law stipulates the selection of MPs from Northern Regions (aka ex-British Somaliland) in Mogadishu. Puntland State may challenge the electoral recommendation on grounds that the phrase “Northern regions” has not changed meaning since 2016 and that it applies only to parts of the ex-British Somaliland. The phrase “Northern regions” has always been used to emphasise the formation of the Republic of Somalia in 1960 after the Union of the North and the South.     

President Deni seeks to have an input into Somalia-Somaliland talks on grounds that “Puntland has a territorial dispute with Somaliland.”  Neither National Leadership Council nor Council of Interstate Cooperation through which Puntland exerted pressure on the Federal Government exists today. The Supreme Court of the Federal Republic  of Somalia may  be involved if Puntland State challenges applicability of articles in the electoral law signed into law by President Mohamed Abdullahi Farmajo.

Liban Ahmad
Email:[email protected]


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