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Four years of highly “Enhanced” international engagement between the federal Government of Somalia and the International Community did not lead to a political election that strengthens the foundations of peacebuilding and statebuilding based on the rule of law, accountability, and democratic governance.Following the failure to fulfill the constitutional obligation of one person one vote (OPOV) election in 2016,aNational Leadership Forum (NLF) composed of 5 Presidents of federal and regional states, the Speaker of demobilized Parliament, the Prime Minister (PM), and Deputy Prime Minister (ExOfficio President of Somaliland state)assumed the responsibility of setting the rules for an indirect election. The NLF also takeslong term consequential decisions on national security and political dispensation without due process.
The last meeting of the NLF held in Mogadishu on August 2-9, 2016 issued acommuniquélater criticized by some members. The Communiquéconveys among other things the following decisions:
1. Extension of the term of the President and the federal parliament until such time that the Federal and State Indirect Electoral Implementation Teams (FIEIT and SIEITs) announce the winners of scheduled elections. This unlawful decision amended the constitution to prevent the rightful action of caretaker Government in order to uphold the supremacy of the rule of law and restoration of public confidence. There are high incentives and practical complications which could spoil the implementation of credibleelections as indicated below.
I. The election of the Upper House will take place on September 25, 2016
II. The election of the House of the People will take place On September 24-October 10, 2016.
III. The swearing in of the elected members of both houses of the federal parliament will be on October 20, 2016.
IV. The elections of the two speakers of the federal parliament will be on October 25th 2016.
V. The Election of the President of the Federal Republic of Somalia will be on October 30th, 2016.
2. Completion of the formation of Hiran and Middle Shabelle State before parliamentary election.
3. Appointment of the members of the SIEIT. All SIEITs includingthe team of the yet to be formed Hiran and Middle Shabelle Statehave been appointed with a decree of the Prime Minister.The FIEIT has been appointed with Presidential Decree. There are no legal act that establishes the responsibilities and powers of the FIEIT for accountability, disciplinary, and criminal prosecution for wrongdoing and mistakes. The Chairman of FIEIT Omar Mohamed Abdulle “Dhegey” held a press conference urging the public to trust the FIEIT for wanting to carry out their assignment with impartiality.
4. Transferof the unfulfilled responsibility concerning the review and finalization of the provisional constitution to the nextfederal parliament. The next federal government will take office with dishonored Provisional Constitution.
5. Obligation of each member of the next federal parliament to join one of legally established political parties during the first two years of the four-year parliamentary term, otherwise he or she will lose the parliamentary seat. This bizarre dictateinterferes with the prerogatives of next parliament and subverts the legitimacy and accountability of clan representation of members of the House of the people before the end of the term of office.
6. Appointment of Conflict Resolution Committee (CRC) of 21 members of which 9 members will be appointed by the federal government and 12 members by the six (6) federal member states.3 members of the CRC will be stationed in each electoral location.Complainants will pay US$ 1,000 (one thousand dollars) for submitting dispute to the CRC.This infringes the right and responsibility of political participation.
7. Election of 81 femalemembers of the House of the people and 50 % of the Upper House of the next Federal Parliament. Female candidateswill pay 50% of the fee paid by male candidate. The proposed fee is US$ 5,000.
8. After consultation with the traditional leaders of Banadiri community, the PM will appoint 21 Banadiri Electoral College for the election of 2 members of Banadiri Community to the Upper House of the Federal Parliament. The traditional leaders will appoint the candidates competing to the 2 seats.Paradoxically, this complicates the unsettled question of Benadir region (Mogadishu) representation in theUpper House which will compriserepresentatives of clans and federal member states.
9. Increase of the seats of Upper House allocated to Puntland State from 11 to 13 seats.
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