The Government of Somaliland in an effort to crush down opposition leaders specially the Opposition leader of Qaran Political Association have accused and charged the Chairman of Qaran Political Association Dr. Mohamed Abdi Gabose and his deputies Mr. Mohamed Hashi Elmi and Mr. Jamal Aideed who are prominent and well respected politician in Somaliland for unfounded and politically motivated charges for forming a Political Association that will lead into a Political Party. The government states that the current three political parties of Somaliland will be the permanent parties for Somaliland for the rest of it is existence as a nation. Therefore, the government states that no one should be able to form any new political association which will lead into a political party; as such the government of Mr. Dahir Rayale’s view is based on its poor interpretation of the constitution Article 9 which states: Article 9. Stipulates ‘ The number of political parties in the Republic of Somaliland shall not exceed three (3)’.
Unfortunately, the Somaliland Constitution differ’s the government’s view and it sides with Qaran Political Association. That is why Qaran Political Association, Somaliland Lawyers Association, KULMIYE the current opposition Political Party in Somaliland all take the view that all citizens have every right to form a Political Association that could lead into a Political Party during the local elections and they state that the government’s view and article 9 of the constitution will only come into play post local election which is the election that allows citizens to change any political party they don’t want to represent them in to the Parliamentary and Presidential Election. The below articles of the constitution states clearly that citizens have the right to form a Political Association.
Article 22: Political, Economic, Social and Electoral Rights
Clause 1. Every citizen shall have the right to participate in the political, economic, social and cultural affairs in accordance with the laws and the Constitution.
Clause 2. Every citizen who fulfils the requirements of the law shall have the right to be elected (to an office) and to vote.
Article 23: Freedom of Movement and Association
Clause 3. Allcitizens shall have the right to form, in accordance with the law, political, educational, cultural, social, occupational or employees’ associations.
Clause 4. Associations with objectives which are contrary to the public interest or are secret or are military in nature or armed or are otherwise against the law, whatever their outward appearance might be, are prohibited.
The People of Somaliland including the current Opposition Party KULMIYE, the Somaliland House Leader and his deputy are deeply worried and concerned about the action of the government which violates the human rights of the citizens and detaining all political opponents without a good cause. The Somaliland House Leader and his deputy criticized the government action on and called as an action that was taken in hasty and without proper consultation in order to protect the rights of the citizens. The people of Somaliland are also demanding the release of the Qaran Political Association Leaders without any condition as their arrest was illegal, politically motivated and unjustified according to the laws of the Somaliland and International laws as this classified as prisoner of political of conscious. The government’s arrested these prominent and respected figures without a good cause and staining the clean names of these innocent individuals constitute a violation of the constitution ‘Article 24. (3). every person shall have the right to have his dignity, reputation and private life respected’ since the government arrested these prominent and respected figure without a good cause.
The government’s arbitrary arrests against its political opponents, journalists and human rights activists will cause instability and insecurity to the peace and stability of the nation. This clearly violates the constitution of Somaliland and Universal Declaration of Human Rights. The Parliament should put forward a motion against the government of Mr. Dahir Rayale as their arrest for the three prominent and respected political opponents is a ground for the parliamentarian and judiciary to charge Mr. Rayale’s regime for planning to cause instability and insecurity to Somaliland peace and stability for the sole purpose of the government’s intention to increases its terms in the office by abusing the following article and planning to cause unrest in the state of Somaliland
Article 42: Period of Office and Election Term
Clause 3. If the election of the House of Representatives cannot be conducted because of dire circumstances, the outgoing House shall continue in office until the end of these circumstances and a new House is elected. Dire circumstances are: a wide war, internal instability, serious natural disasters, such as earthquakes, epidemic diseases, (and) serious famines; and shall be determined and resolved by the House of Elders on the proposal of the Council of Government
The Parliamentarian and Judiciary should charge Mr. Rayale’s regime for violating the following constitution article as their action of arresting political opponents, journalist and Human rights activists are grounds to cause instability and insecurity to the Republic.
Article 38: The Parliament and Joint Sittings
Clause 3. The Parliament shall fulfil its duties in accordance with the Constitution and its Rules.
Clause 4. The most important objectives and duties of the Parliament are as follows: a) the protection of the peace and security of the Republic and Republic’s sovereign rule over its land, sea and air.
Malik Jeylani
mjeilani@hotmail.com
Source Somaliland times
http://somalilandtimes.net/sl/2007/290/04.shtml
