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Somali Week Festival 2009

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HARGEISA, 10 September 2009 (Somalilandpress) –

Somali Week Festival 2009
Friday 23 October – to Saturday, 31st October 2009
Oxford House, Derbyshire Street, Bethnal Green, London E2 6HG

Kayd Somali artist and culture in partnership with REDSEA-ONLINE.COM, a range of national, international and local community organisations is pleased to present the Somali Week Festival as part of Black History Month. The Festival events will take place at Oxford House, Derbyshire Street, Bethnal Green, London E2 6HG from 23rd to 31st October 2009.

Somali Week offers the best of Somali culture both old and new, through an eclectic mix of events including, poetry, literature and music. This year’s Somali Week Festival will focus on Censorship.

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The SWF is an established festival within the Somali community in London, nationally and internationally. It celebrates and explores the uniqueness of Somali art and culture. The festival will showcase this year mix of poetry, prose literature, Plays and music which will be presented by artists, while also allowing ample time for discussions between artists, professional guests and audiences. SWF will present and celebrate Somali arts and culture by featuring international and UK-based artists of the highest calibre in a vibrant programme of events.

SWF 2009 will explore the theme of arts censorship and creative freedom of expression throughout the extensive programme of events, whilst the festival’s programming aims to celebrate artists’ creativity, it will also discuss the important role that art can play within society.

We are proudly expecting a range of guests including renowned Somali and non-Somali artists, academics and commentators: Ahmed Saleebaan Bide, Abdilahi Hirsi “ Baarleex”, Amina Abdilahi, Kinsi Haaji Aden, Maryan Mursal, Hudayd. Kuluc, Dararamle, Hon. Kerry McCarthy, MP, (TBC), Gaadaco, Abdi Bahdoon, Prince Abdi, Aar Maanta, Shuki shacni, Ali Hassan Adan “Ali Banfaz“, Hussein Hersi Adib “Buun Hirsi“, Jama Musse Jama, Warsan Osman, Kaltuun Bacado, Anab Ismail, Abdilah hajI, Ahmed Abdilahi awale, Beeldage, Abdiftaah yare, Mustaphe TITI, Xassan Abdi Madar, Abdirahman Yusuf Arten , Warsan Shire, Mahamoud “Jango“, Faysal Anbalash, Ismail Aw-adan, Mahamed Jamac Kayd, Nimco Deggan, Nimco yasin , Ali Seenyo, Yusuf Dheere, Abdilahi Osman shafey, Said Ali Shire, Abdirahman Mahamed Abtidoon, Omar Haaji Bile, Mahamed Baashe, Abdikariim Raas, Martin Orwin, Aisha Luul, Mahamoud Shiekh Dalmar, Suad Armiye, Abdiaziz Ali Ibrahim “hildhibaan, Abdilahi Awed Iggeh, Rashiid Sheikh Abdilahi “Gadhwayne”, Mahamed Hassan “Alto” , abdilahi Awed Iggeh, and many more

The international aspect of the festival is an important part of our continued development and partnership work with artists and organisations in Somali speaking territories. Join us at the exceptional festival in order to celebrate and explore the uniqueness of Somali art and culture. For more information about the Festival’s Programme visit; www. kayd.org or call 07903712949. More information about the program or/and stall please email to festival manager ayan_mahamoud@kayd.org

A Week In Somaliland – Part Two

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HARGEISA, 10 September 2009 (Somalilandpress) – Ngonge A. is writing to Somalilandpress about his experience in Somaliland and will be talking about his funny yet true experience during his stay in the country – discover Somaliland from the experience of a person on his first ever trip home.

Read the First Part HERE

As the airplane started descending over the empty plains of Somaliland, I had a strange feeling that I have been there before. That arid land, those shoots of green scattered all over the place and those hills the size of mountains! I have seen it all before, it all seemed familiar to me! Now I know that I was born in the place and left it as an infant but I could not possibly remember things from that far back, could I?

The plane landed in Egal International Airport ( the name is comical to be honest) and it took us less than ten minutes to disembark. My feet were finally on Somali soil (Somaliland to be specific). This airport was no different to the one in Djibouti! Vast grey concrete extended as far as the eye could see, old damaged planes were piled in some corner, fire engines and ambulances were parked on another and a few planes were scattered all over the place. The only difference was that unlike Djibouti, they did not have any fighter jets lying about or American helicopters flying around. If Djibouti’s airport can call itself international then Egal’s lovely hut must also call itself the same.

I followed the crowd as we walked from the plane to the arrivals lounge ( or should I call it corridor?). A few policemen and airport workers asked us to form a line and go to a window with our passports and money. There were only two windows there. We first had to go to the one on the left hand side and pay them thirty dollars that they converted into Somaliland currency and shoved back to us then we had to give them our passports that they in turn passed to the man sitting on their left and ordered us to go to the second window (on our right). We lined up by the second window (all the while noticing the policemen, porters and various hangers on staring at us), we found that we were now facing the guy who just received our passports from the currency people on his right! He asked us to pay thirty dollars which he said was the entry fee but, of course, refused to accept the Somaliland currency that we got from his colleagues barely a minute earlier. “NO SHILLING! Dollars, dollars” he shouted.

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I was tired, exhausted and very irritated. I argued with him for a few seconds but once I noticed that the policemen, porters and hangers on were all joining in and trying to explain the rules to me and how this magnificent airport was built via the money those arriving in the country pay, I decided to give in and pay. After all, this was all new to me and I was as lost as a thong in a fat woman’s bottom!

Having passed the immigration section and was now ready to go pick up my bags, the policemen, porters and hangers on saw their chance to bounce on me and stake their claim. They already knew my name (from paying close attention to my conversation with the immigration buffoon). Now they were pulling me left, right, round, back and forth. They were offering to find my bags for me, to arrange me a taxi and to drive me to any place in H town. Their hospitality was endless yet it made me feel like a three legged goat surrounded by a pack of hyenas! I took a deep breath, let them babble on for a while and, I admit, mischievously built their hopes up before shutting them all up and declaring that I was more than able to carry my own bags and needed no help whatsoever. The majority of them looked me straight in the face and knew that they were not likely to even get a used tissue out of me. They gave up and walked away to harass their next victim. But a couple of them were made of sterner stuff and followed me around as I found my bag and dragged it behind me outside the airport.

Once outside, I stood aside and looked around me for any familiar faces. That is when the professional beggars appeared. I did not need to hear them promise to pray for me or even ask me to give them anything. One look at their faces told me what to expect. Just as I was trying to find my feet and the words to rebuff them, I noticed that one of them was happily smiling at me and walking toward me with outstretched arms! This was a cocky beggar, I thought to myself. He is acting very familiar and sticking those arms out with confidence (salaan wax ka badan walee inaanuu iga helin)! Something suddenly clicked in my head and the familiar beggar seemed even more familiar! I saw that face somewhere. I had a quick scan and noticed that he was well dressed and his shoes were shiny and polished. This beggar knows how to look after himself. If I do give him any money I was sure that he would bankrupt me!

He spoke! He called me by my name! He was not a beggar at all but he had the worst sense of timing EVER. I will skip over the other details and just say that he drove me to the hotel that was going to be my place of residence for the next seven days.

As I sat in the car and looked around me I realized that this city was the epitome of organized disarray! We drove past beautifully built villas that neighbored huts and aqal Somalis and I truly did not know who to feel sorry for; the villa owner that spent thousands on his fancy building or his neighbor that lived in a house built of cloth! We passed brand new and beautiful four wheel drive cars racing past donkey carts. We saw nicely dressed people with shiny watches and designer sunglasses walking next to naked children in tattered clothes. There was a clear and very defined social order and my trusted tourist guide seemed to be moving in the higher echelons (as if the two mobile phones he was carrying were not evidence enough).

We got to the hotel and I went to sleep. My guide left me but promised to return later. After four hours of deep and relaxing sleep, I woke up to a phone call from him asking me if I was Ok. I told him that I was fine and fully awake. He asked me to come downstairs to the restaurant attached to the hotel. I cautiously went down and looked at the passers by as I went but nobody paid me any attention (though I could clearly see that they were checking me out from the sides of their faces). I went to the outdoors restaurant to find my tourist guide sitting on a table with some of Hargeisa’s finest young men. They came across as intelligent, witty and very eloquent (in both Somali and English). It was the best introduction to H town any new tourist could ever wish for.

It is very obvious that there is some unwritten rule that prevents beggars from entering some restaurants and hotels (even outdoor ones like the one we were in). However, this rule only applies to humans. Somaliland, you see, has a variety of beggars. First there are the flies. These ones welcome you the minute you set foot in H town and stay with you for the rest of your holiday ( I swear that a couple of them even stayed with me all the way to Burco, I recognised their pink wings). Secondly, there are the cats. These are trained animals and would miaw at your feet until you throw them something. But should you make the mistake of throwing anything their way you suddenly find yourself surrounded by every cat in Hargeisa and the crescendo of their cries would drive the calmest of men insane. Barbara has the extra burden of its daring birds landing on your table and attempting to steal any morsels they can get their feet and beaks on….

To be continued ………………………

Press Releases: United States Formally Commits to Best Practices to Counter Piracy off the Coast of Somalia

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HARGEISA, 10 September 2009 (Somalilandpress) – In a September 9 ceremony held at the United Nations on the eve of a meeting of the international Contact Group on Piracy off the Coast of Somalia, the United States signed the New York Declaration, in which it committed to promulgate internationally recognized best management practices for protection of ships against piracy attacks.

The maritime industry, including that of the United States, was instrumental in creating and implementing these best practices, having adopted and documented self-protection measures against piracy as part of its compliance with the International Ship and Port Facility Security Code. The United States’ formal signature indicates its commitment to implementing measures that it has already encouraged and followed.

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Cyprus, Japan, Singapore, and the United Kingdom joined the United States in signing the Declaration.

Panama, the Bahamas, Liberia and the Marshall Islands, four of the leading ship-registry states, originally announced and adopted the New York Declaration during the Contact Group’s previous meeting on May 29, 2009 (www.state.gov/r/pa/prs/ps/2009/05/124107.htm). Now, nine nations have committed to put in place effective measures that make it far more difficult for their flagged vessels to be seized by pirates. Examples of the best practices, developed and implemented by all of the major international shipping industry organizations, include increasing lookouts, ensuring that ladders are raised, and readying fire pumps to repel boarders.

The Contact Group on Piracy off the Coast of Somalia will meet on September 10, 2009, at the United Nations. During the plenary, the United States will urge all other Contact Group participants to join in signing the New York Declaration.

The United States participates actively in the Contact Group, requires its merchant fleet to adopt and document these self-protection measures, chairs the Contact Group’s Working Group on Strengthening Shipping Self-Awareness and Other Capabilities, engages in criminally prosecuting suspected pirates, conducts naval patrols off the Horn of Africa, and provides support to NATO and European Union counter-piracy operations in those areas.
To learn more about the United States’ and international community’s response to piracy off the coast of Somalia, visit www.state.gov/t/pm/rls/fs/128540.htm.

PRN: 2009/892

Somaliland: Parliament and debates.

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Hargeisa (SomalilandPress)-So, there was a scuffle at the Somaliland parliament recently as a result of a motion to impeach the incumbent president. The motion was not debated, but according to a parliamentary legal adviser, the motion is legal and debatable.

Some media, such as the BBC News described it as a “punch-up”, whilst the less sensationalist media, such as VOA, Reuters, and many otherwise correctly described the event as a minor scuffle.

Having said that, as a Somalilander it brings me no joy to witness such scenes. Although in democracy a health debate is paramount, Somalilanders have always prided themselves on their low key approach.

We use to watch with amusement the antics of other parliaments; after all even in the mother of all parliaments, Westminster , tempers have been known to get high. In one particular incident, Lord Heseltine, then just a plain MP, actually used the ceremonial mace as a weapon, allegedly. So, this is nothing new, but, it was not expected of Somaliland .

Nevertheless, the decision of the National Elections Commission to postpone the Presidential election slated for September, 27the, 2009, a unanimous decision, and all three parties have members on the commission, was bound to have such an effect.

Therefore, it is time for all Somalilanders to regain their composure, regroup and return to the winning formula of dialogue, discussion and consensus. There is a need for cooler heads to prevail; it is time for real leadership, a time for Somaliland ’s political leaders to keep their heads whilst those around them seem to be losing it.

It is inevitable that Somaliland ’s enemies will use these regrettable recent events to try and undermine the nation, but, they are our enemies and we don’t expect anything less from them.

I am more concerned of our friends. It is time to reassure them that Somaliland is not and will never follow the path of other basket cases in the region. It is time to show some maturity and resolve these issues.

One final word, regarding the action of the Somaliland Police Force during the recent scuffle at the Parliament, The Somaliland Police Force is responsible for the security of the Parliament complex. The police conducted themselves, once again, with valour and honour, and in no way breached their role as the custodians of law and order.

Punch-up in Somaliland parliament

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HARGEISA, 08 September 2009 (Somalilandpress) – Somaliland politicians began punching each other in parliament after officials announced a motion to impeach the president could be debated.

A BBC reporter in parliament says some MPs began muttering, then shouting and it quickly descended into a fist-fight as the politicians exchanged punches.

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Eyewitnesses said one MP drew a gun, but no shots were fired.

Analysts say relations between the political parties have been acrimonious since the delay of presidential polls.

Opposition provoked

The BBC’s Ahmed Said Egeh in the Somaliland capital, Hargeisa, says police had to enter the chamber on Tuesday morning to restore order.

The election was supposed to be held on 27 September but it was postponed because of a new voters’ registration list – the first one to be compiled since Somaliland was formed in 1991.

There were complaints about irregularities in its composition, so the vote was delayed by the electoral authorities.

However, Somaliland’s two opposition parties are adamant that the election should go ahead using the list.

President Dahir Riyale Kahin’s government has suggested the vote go ahead at a later date without a voters’ registration list – which has provoked the opposition to start impeach proceedings.

Somaliland, which is not recognised internationally, has formed its own hybrid system of governance consisting of a lower house of elected representatives, and an upper house which incorporated the elders of tribal clans.

Source: BBC

The Impoverished Majority In Most African Countries Are Denied Their Constitutional Rights

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HARGEISA, 08 September 2009 (Somalilandpress) – The Constitution of the Somaliland guarantees citizens protection from the government from loss of property or liberty without due process of law.

Somaliland tax payers are being ripped off in the billions by incompetent and deceptive politicians in cahoots with deceptive private contractors. In this ongoing saga of corruption and abuse of taxpayers.We know that far more than 14 billion tax payer dollars have been lost to mis-management and corruption by private interests in Somaliland.

The politicians win, the profiteers win, and the tax payers lose by being forced to pay for yet another non-solution to a costly Somaliland problem, yet one more time. It must stop. But, it can only be stopped by voters who take it upon themselves to vote for challengers against incumbents, repeatedly, election after election, until the challengers themselves recognize their is nothing to be gained by accepting the campaign bribes and blackmail of wealthy special interests.

Somaliland has a future. Somalilander’s have a future. In many ways, it will not look like our past. What is happening right now is a revolution, a political, economic, and cultural revolution. There is no choice about it.So, what are we to do? Keep expressing dissent by marching and protesting in the streets? Keep signing petitions on the Internet? Keep demanding impeachment of Riyaale? Keep reading and writing angry diatribes on progressive websites? Keep voting for mainstream politicians from the three major parties, hoping for a new political ?.

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Such activities release anger, but are largely placebo self-medications, unlikely to provide the permanent solutions our nation needs. Protests serve more as entertainment for the nation than a force to tear down the rotten system. Scale is a problem. Maybe if half million angry Somaliland sat down peacefully in the streets all around the Goverment, defying police action for many days, just maybe the system would crack. Protests must have a revolutionary character. They must induce fear into the hearts of smug and delusional power elites – like Cawil & Riyaale. The real needs are structural reforms that combat the major societal delusions that are driving Somaliland downhill. We must attack the root causes of problems rather than provide temporary relief or cover-up of symptoms. Delusional patriotism is tougher to remedy. To revitalize Somaliland democacy we must have a national dialogue

I don’t mean by this and that we should sit down right now and have a conversation, between people and Goverment. I mean it more literally: Are we, as a nation, still capable of talking with one another about the issues that confront us? Or have shouting, extreme polarization, pitched political battle, and unshakeable mistrust in the motives of anyone who disagrees with us sabotaged our capacity for reasoned discourse? I don’t think we’re that far gone, at least, not yet. But we’re certainly on dangerous ground. Anyone who cares about the dialogue of democracy ought to be very concerned right now.

We all need, to recognize our own fallibility, to understand that our own particular perspective on a problem need not be the only one. In fact, it’s helpful always to keep in mind that we might be wrong. “The spirit of liberty is the spirit that is not too sure it is right.” When people of opposing viewpoints are willing to give one another the benefit of the doubt– or at least to treat one another with respect– then resolving differences becomes much easier.At the same time, it helps to keep an eye on the proper target: resolving differences and reconciling views, rather than winning at all costs. Our system was not set up to further a particular set of policy goals, it was designed to provide a way for Somalilands to come together to decide what those goals ought to be and how to reach them. That means learning how to search for compromises in which everyone is at least a partial winner, and understanding from the start that political differences may be stark, but this does not make them irreconcilable.

For the goal, after all, is to serve the national interest and focus on the common good, asking ourselves not what’s good for any one of us, but what’s good for the country. When we do this, it becomes possible to focus on a rival’s ideas, not his motivations or personal shortcomings. And that, in turn, makes it possible to have a genuine conversation in which opponents search for commonalities, and in particular talk about the concerns they share.

At its best, creative dialogue is the very heart of a democratic system. It increases mutual understanding, establishes respect among adversaries, stimulates fresh thinking and new perspectives, and builds the consensus for which Somaliland so desperately earn. It is not beyond our capabilities to have that kind of dialogue, but as a society, we have to make it clear that we want it, and hold to account those who get in its way. Our obligation is to strengthen those forces in our society that promote a reasoned dialogue, and to discourage the forces that make it more difficult.

Yes indeed let us fight corruption at our footsteps and also at the power abuse. Unless we do this our attempts to reduce our chronic corruption will just lead to nothing. The impoverished majority in most African countries are denied their constitutional rights.

Amiin D. Caynaanshe
Columbus oh / Usa
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Views expressed in the opinion articles are solely those of the authors and do not necessarily represent those of the editorial

UN Role In Somalia Comes Under Fire

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HARGEISA, 08 September 2009 (Somalilandpress) – The UN Secretary-General’s special representative to Somalia, Ahmedou Ould-Abdallah has not answered reporters’ questions concerning his involvement in the crafting of a 15-page “Memorandum of Understanding” that would give Kenya rights to drill for oil off the Somali continental shelf, extending for 200 miles.

Some analysts claim that Nairobi applied to the UN for an extension of its maritime border, by claiming larger sectors of the continental shelf which would impact on drilling rights for the region’s mineral potential.

The press asked Mr. Ould-Abdallah if it was a conflict of interest for the UN to involve itself in assisting the Somalis in engaging the Norwegian government to pay its fees for the filing of the MOA; and if his role in the matter constituted a conflict of interest.

Mr. Ould-Abdallah said that all questions should be posed to the officials in the UN Development Program. To date no one from UNDP has responded to reporters questions; nor have any other high-level officials. The spokesperson for Secretary-General Ban Ki-Moon explained to The Final Call that the special envoy had indeed given a sufficient answer.

The government of Norway, through its UN Mission was the only one to answer, saying helping Somalia file its paperwork was something they have done to help several African nations, but refused to say what other African nations they have helped. Norway is the world’s seventh largest oil exporting nation in the world.

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Gerald Lemelle, executive director of the Washington-based think tank, Africa Action tells The Final Call that what we are witnessing at the UN is the “historic” Western concept on how to have a relationship with Africa after colonialism.

“Nations such as Norway had to figure out a way to maintain control over African resources, so they use Security Council resolutions, and African proxies such as Kenya (reportedly Norway paid $200m to Kenya for the MOA),” he said. “At the heart of Western intervention in Somalia, which has been a geo-political football, is the battle for its oil,” Mr. Lemelle said.

He said that in today’s climate of transparency, Western powers are using the UN-created Transitional Federal Government, “a government with no legitimacy” in Somalia to do the bidding of the oil corporations.

The interim government announced back in 2005 it would start offering concessions for oil, gas and mineral rights, not just for exploration but also for marketing. However, the leadership of that government was replaced by the U.S. and UN in 2007.

And the new administration of Sheikh Sharif Sheikh Ahmed wasted no time in getting down to business by signing a partnership agreement with Kuwait and Indonesia, with Somalia getting a 51 percent interest in the corporation, according to International Oil and Gas News.

Analysts and activists such as Sadia Aden, a Virginia-based human rights advocate and Prof. Abdi Ismail Samitar, a Somali advocate at the Univ. of Minn., say the UN has engaged in leading Western nations in an attempt to control Somali resources. The foreign navies that patrol Somali seas against pirates are really there to exploit the resources of Somalia, mainly its oil reserves and natural gas; and have been given permission to do so by the UN Security Council, Ms. Aden told The Final Call.

“Somalis know that these navies did not come to hunt and prosecute pirates but to divide the Somali seas, and to protect their interests as they hope to divide up our resources—not just in the ocean, but also on land,” Ms. Aden added.

Prof. Samitar told The Final Call that the MOA caused an uproar in Mogadishu; and that the 245-member Somali Parliament voted unanimously against it. “This is not a real government, so they lack the authority to implement or enter into agreements,” the professor insisted.

Prof. Samitar said that the TFG was beholding to Kenya and its Western backers because of a lack of financial resources; and therefore, the interim government lacks the ability to protect the interests of the Somali people.

Oil industry analysts were saying back in the early 1980s there was evidence of a natural trough of oil that extended across the Red Sea from Yemen into Somalia. Before the over-throw of Somali Pres. Siad Barre in 1991, tens of millions had been sunk into oil wells in Somalia, the largest investment by a Texas-based company, CONOCO.

The U.S. Energy Information Administration reports that while Somalia is considered by many experts in the oil industry as being the last frontier for the “Black Gold” in Eastern Africa; there is no creditable evidence of large reserves of oil; however, there is a sizable reserve of natural gas.

A 2004 report by HAN DATA & Information Background: “Strategic Mining & Oil in Somalia” stated there were precious metals such as copper, gold, zinc and silver, including iron ore, bauxite and gypsum in the Horn of Africa nation.

The UN has been hearing from pro-African activist organizations such as Africa Action, according to Mr. Lemelle, on their role in giving away large tracks of land in Africa to the multi-national corporations; and their backing of dubious contracts that give away African resources. “We want to know who authorizes these contracts,” he said.

By Saeed Shabazz
Source: Finalcall

Seychelles sailors freed by pirates, then arrested

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HARGEISA, 08 September 2009 (Somalilandpress) – Three sailors from the Seychelles held by Somali pirates for seven months were freed on Sunday, only to be arrested by authorities in Puntland and accused of being part of an illegal prisoner swap.

Puntland, the semi-autonomous north of Somalia, said it detained the sailors, five Kenyans, an Australian and a Briton when their two planes landed at an airport to refuel before leaving the country.

Puntland said the aircraft had earlier landed at an airstrip near a pirate haven elsewhere in the region. It said 23 suspected pirates had been handed over to other gunmen and friends and the three sailors had been taken away in exchange.

“These persons, who were involved in pirate smuggling and ransom transfer, had no legal clearance to land in Puntland and are now under criminal investigation,” the Puntland government said in a statement on Monday.

Seychelles said on Monday it had released and repatriated 23 Somalis arrested in its waters on suspicion of piracy because it did not have sufficient evidence to bring them to trial.

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The government denied it had paid any ransom for its freed sailors, or that there had been a prisoner exchange. It said using the same aircraft for both operations made sense.

“We are not in the business of human trafficking or making exchanges. This was the most cost-effective option. We have had to pick up most of the costs of repatriating the 23 Somalis,” said Joel Morgan, minister for the environment, natural resources and transport.

“We believe we have followed all the correct procedures to repatriate our three citizens who have been held against their will and international law for the last seven months,” Morgan, who heads the Seychelles anti-piracy task force, told Reuters.

MAY FACE TRIAL

Piracy is still rampant off the Horn of Africa, with sea gangs defying the foreign navies patrolling the strategic shipping lanes linking Asia with Europe.

Puntland is used as a base by many of the pirates despite pledges by the authorities to crack down on the gangs.

Pirate attacks worldwide more than doubled to 240 during the first half of 2009, driven by a surge in hijackings in the waters off the Horn of Africa, according to an International Maritime Bureau’s Piracy Reporting Centre report in July.

Maritime security groups warned in May of a surge in the number of pirate “mother ships” operating in the Seychelles archipelago’s expansive territorial waters.

Two vessels flying the Indian Ocean nation’s flag have been hijacked this year, while an Italian cruise ship fended off an assault in April in Seychelles’ waters.

Puntland said the 10 people arrested would be brought before a court once the police investigation had been completed.

“Puntland government remains unwavering in its opposition to ransom payments and its commitment in the fight against piracy,” its statement said.

Seychelles said the return flight was experiencing delays in Puntland, but that the government was in contact with the authorities there and the holdup was expected to be resolved.

Source: Reuters

A Week In Somaliland – Part I

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HARGEISA, 08 September 2009 (Somalilandpress) – Ngonge A. will be writing to Somalilandpress about his experience in Somaliland and will be offering tips to anyone who may want to visit the unrecognized republic along the way – discover Somaliland from the experience of a person on his first ever trip home.

On the 14th of April 2009, I expectantly sat in Dubai airport waiting for the plane that would take me to Djibouti! Next to me, sat an old but very pretty Djiboutian lady. She was carrying lots of hand luggage when we first met and I, rather foolishly, offered to help her carry them into the airport. I was stuck with her for the rest of the journey!

The flight was supposed to take off at three in the morning but we were required to check in at midnight. We checked in on time, the flight did not take off on time. After eight hours of waiting, we finally were ushered to our hastily arranged plane (turns out the original plane had problems and the Somali Airline had to quickly hire a new plane). As we all took our seats and readied for the journey to Djibouti, our pilot welcomed us into the plane and announced that we should reach Hungary in five hours and a few minutes. Suddenly, there was complete silence in the plane and we could only hear the sound of rustling bottoms on seats. Then all hell broke loose and (those who understood) started arguing about being on the wrong plane! The hubbub, arguments and complaints were deafening. The people behind me were tabbing me on the shoulder and asking me what the pilot said. The people next to me were asking me to repeat the answer and the people in front turned around and told me that I must have heard him wrong. Someone on the other side shouted that he heard the wrong message too. There was total and utter pandemonium.

Someone must have alerted the pilot about his mistake. He spoke to us again and apologized. He informed us that this was the correct plane and that we were going to Djibouti and not Hungary!

The cabin crew started walking around the plane and ensuring that everyone had their seat belts on. One air host noticed that four seats in front of me had five people sitting on them. He told them that one will have to get up and go sit in an empty seat in the back. They refused. He insisted that they do so. They refused! He told them that what they were doing was against health and safety regulations, they told him that they were Somali and that such regulations did not apply to them. He tried to explain that each seat had only one oxygen mask and that in the event of an emergency one of the five will be left without a gas mask! They told him that they will share! He told them that what they were doing was very dangerous when some fat bald man in the back jumped up and told him that we were SOMALI and that we did not fear death! The poor airhost told him not to speak of death and such things when we were about to embark on a journey that would take us ten thousand feet in the air! The man shrugged and reminded him that we were SOMALI and MUSLIM, we do not fear death!

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I started wondering to myself if I was doing the right thing by going on holiday to a place full of people such as my proud fellow passenger! I was beginning to regret this holiday before it even started. But hope flooded right back when someone chided the crazy five and ordered them (though he obviously had no authority over them) to move seats (if I recall correctly, he had a very distinct Burco accent). They listened and moved seats. The air host went to inform the pilot that everything was Ok and that we were ready to go.

We landed in Djibouti three hours later and were ushered by a very troubled man to the transit section of the airport (though I, and they, do stretch the word a little by referring to that sardine box as an airport). The immigration staff here are some of the angriest and rudest you could ever hope to meet. For some strange reason, they all seem to be females. They came across as very haughty and proud. I could not help wondering if they were the spoilt daughters of some Djiboutian millionaires that were robbed of their rich container ships by a few Somali pirates (it would have explained the special treatment all the Somalis were getting at the hands of these precious ladies).

We were supposed to wait at the airport for two hours before catching our flight to Hargeisa. What could one who was stuck in that hut masquerading as an airport do? I went to the toilet. There were only two cubicles. Both dirty and both full of deposits that some hurried passengers already left behind. I smiled as I examined the smelly brown stuff and wondered if this act of defiance was not deliberate after all. I considered adding my own token of appreciation to Djibouti’s finest building. Darn my chronic constipation!

I sat on a chair and watched my fellow passengers milling about and questioning each other about their eventual destinations or their adopted countries. We had the full compliment, Americans, Brits, Italians, Canadians, Norwegians and even one coming from China! I foolishly revealed that this was my first ever trip home. They bombarded me with advice, tips and far too many tricks. In the middle of this noise, I heard someone shout something as he walked past us. I asked the man next to me but he said he did not hear anything. I continued listening to the conversation and all the advice. Some were telling me I will have great fun and some were saying I made a great mistake.

An airport worker came to us and asked if anyone was going to Hargeisa. I told him I did. He told me off and asked me to hurry. It turns out that the shout I did not hear earlier was for my flight. The people I was sat with were taking an entirely different flight (so much for their empty advice).

I hurried behind the man and was pushed into a full bus that was already waiting for ten minutes. People were grumbling about my lateness and telling me that I almost missed the plane. I sheepishly apologised and tried to block their voices out. We were driven to a mighty plane and we climbed the stairs to find ourselves inside the only place in the world that was uglier than Djibouti airport! Even though this was a propeller plane, it did not look too bad from the outside. It was clean and looked new. But, on the inside, it was a tip! The chairs were loose, the seat belts did not work and the brave Somalis that claimed they did not fear death on our earlier flight were now reciting any and every verse of the quran they knew!

The Russian pilot closed the door after the last passenger had entered the plane. He actually closed it with his own hands. There was no sophisticated button to press, no ground crew to close it from the outside and, unlike other airplanes, it was not hidden from view. He stood there right in front of all of us and closed the door. A few helpful Somalis got up and tried to help him close it but he gestured them away with his free hand!

The Somali airhost who must have fancied himself as some sort of master of ceremonies welcomed us aboard and give us the usual information about the flight, the temperature outside and the various destinations of this plane (it turns out that it was going to Mogadishu too).

Five minutes later, we took off! Our next stop, Hargeisa……..

By: NGONGE A.

A Constitutional Solution To The Political Crisis In Somaliland

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HARGEISA, 08 September 2009 (Somalilandpress) – In the early 1990s, “it was hoped that the introduction of new constitutions with a two-term limit on power would consign the ‘big man’ syndrome of African politics to history.” The political culture on the continent has transformed considerably since the end of the Cold War. Conversely, the attraction of power remains a strong motivating factor for many leaders. Undeniably, current years have witnessed a number of heads of state attempting to extend their tenure beyond the constitutionally permitted number of terms, or uphold power via a back-door strategy of hand-picking a docile successor and remaining in the powerful post of the chairman of the country’s dominant political party.

Somaliland which is unrecognized has followed this democratic trail in order to transform the African political culture. After the collapse of the dictatorial regime in the former Somalia, Somaliland reconsidered its political destiny and changed the African political tradition of the ‘Big Man’ term to a limited tenure. Since then, Somaliland has been referred as an example of the revival of vanished democratic regimes in Africa. It was in 2003 when the current president of Somaliland was elected as the first democratically elected president since the 1960s. Before that, it was predicted that such a move will result the understanding of the new political tradition in Africa.

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After the end of the constitutional term of the president, the House of Elders held a session for the extension of the president to another term. This has negatively reacted been to the opposition parties who argued that the extension was unconstitutional. However, there was no formal constitutional case opened before the Constitutional Court of Somaliland for the adjudication of the matter. As result, the supreme body which the constitution obliges to monitor and interpret any constitutional dispute has become silent. Since then, there has been a political calamity in Somaliland which still lacks a joint and collective accord. Therefore, this article will explore the legal aspect of the previous presidential extensions. Secondly, the article will assume that there may not be election which will be held on 27 September 2009. Thirdly, the article will critically scrutinize the constitutional arguments of the government and opposition leaders. And finally, the article will forecast the role of the constitution in such a crisis and will attempt to unearth a constitutional solution to this political crisis


The constitutionality of the extension of the presidential term

Most post-cold war African constitutions do not legalize an extension of presidential term through constitutional process. Unlike other countries, Somaliland inserted an article in its constitution which provides the extension of the president and the vice president for an unspecified term of office. Importantly, the constitution sets pre-requests for the extension of the term of the president. Article 83 (5) provides that, ‘if is not possible, due to the circumstances related to the security and stability, to hold the elections of the President and the vice president when their term of office ends; the House of Elders must increase the duration of their powers while taking into account the time in which it is possible to overcome these difficulties and to hold the election’. The article mandates the House to exercise their constitutional powers to extend the term of the president and the vice president of the country to another term in which they are able to organize and hold elections. In this article there is a pre-requisite that needs to be encountered before the House extends the tenure. Security and stability which can be regarded as interchangeable terms are the key requirements of possible constitutionally permitted extension.

On 8 April 2008 the House of Elders held a session to debate and discuss the possibility of the extension of the president and the vice president of the Republic. Eventually the House deliberated as follows:

‘–the Guurti realizing the elections not meeting their schedule because of different reasons, the biggest one of which was the disagreement on the creation and approving of NEC, as well as Kulmiye party not naming their rightful candidate for a long time. Likewise, understanding the impossibility of holding elections without voter registration, the members of the [House] underline that the planning for the registration, budget, securing the funding, attaining of modern technical know‐how remain the main reasons the election not meeting their deadline. On the other hand the House believes the impossibility of holding elections without voter registration because of insecurity that might arise to hold elections without knowing and registering those casting their votes. Therefore, the extension of the President and the Vice‐president term was based on these reasons which are in agreement with article 83 Paragraph 5 of the Constitution of Somaliland.

The House further stated that:

‘The conditions relating to security in the eastern regions of Somaliland where there is insecurity. Secondly, the pressure and constant interference coming from the authority that intend to come back to the areas in Somaliland that they were pushed from and are mobilizing themselves. Thirdly, the population in the eastern regions need time for reconciliation among themselves so that an atmosphere that enable them to participate in the voter registration and local and presidential elections which they did not directly participate before be attained. It is constitutionally imperative and sacrosanct that elections take place in all the regions and districts of the Republic of Somaliland so that territorial integrity of the country is secured.

As the article states the only constitutional justification that the Guurti can extend their term of the president and the vice president is for security purposes. Security means that there is no possibility that the election can take with peaceful means. A similar case happened during the war between the collapsed state of Somalia and the former dictatorial regime of Ethiopia. At the time there was a slogan which could reflect the security situation of the country. Hold your guns on one hand while you are using the other for voting. These following should be met when analysing security as a constitutional justification for the extension of the term of the president and vice president

• Interstate war
• Intrastate war
• Civil disobedience
• Natural disasters

Therefore, the constitutional justifications mentioned in the decision made by the House of Elders in which they used to extend the current regime are contrary to Article 83 (5) of the Constitution.

The feasibility of the presidential election

In 2008 the NEC and the international community represented by Interpeace agreed that they should prepare the voter registration list which theoretically will make sure that fair and free elections are held. Beginning in October, 2008, Interpeace collaborated with NEC and the current regime to begin the voter registration process. Due to unforeseen discrepancies and alleged multiple votes in this system, however, the Commission has suspended the voter registration list on the grounds that it is not valid and inaccurate. The oppositional leaders contended this decision and argued that the Commission cannot unilaterally suspend the list. On the contrary, the president and the Commission argued that they have the legal authority to suspend the list in which they alleged that it is invalid and incorrect. This legal tension has changed into a political confrontation between opposition leaders on the one hand and the Commission and the president on the other hand. Previously the three political parties and the government agreed that the election date would be 27 September 2009. This date may not be logic for free and fair election. It is there forecasted that the election may not be feasible to be held the proposed date due to the political conflict between the contesters. Therefore, the paper assumes that the election may not happen on the agreed date and then as result of this, the extended term of the president and the vice president ends. Therefore, the question would be is there a constitutional solution to this problem.

Contested issues

After the suspension of the voter registration list, the oppositional parties announced that they are not in support of the unilateral suspension. On the other hand, the government and the Commission are sticking on to their position that the list is invalid and incorrect and, as result, cannot be used as part of presidential elections.
Elders and other foreign mediators mentioned that on the one hand, the opposition leaders argue the term of this government will end on 27 October one month after the date of the election and as result; there should be an interim government which organizes the election within six months should be formed. Conversely, the government argues that it can only be replaced by an elected president and vice president. In the following paragraphs the paper will examine the constitutionality of these arguments.

The possibility of an interim government: a constitutional argument presented by the oppositional leaders

It is undoubted that the current government’s mandate has been extended for one year by the House of Elders with the inconformity of the constitution of the Republic. It is fact that the constitution does not provide the specifications of the extension, yet the Elders used it as means of keeping the current regime in power. This may be regarded as a major impediment to the democratization process of the country.

After the unilateral decision of the Commission, the oppositions argue that there should be an interim government. Article 89 (4) provides that ‘if one of the cases mentioned in article 86 of the constitution happens at the same time to the president and vice president of the Republic; the chairman of House of Elders shall assume the power and the duty of the president of the Republic for an interim period and the election of the president and the vice president shall be held within (60) days from the day in which that case has happened’.

Under this Article, an interim government can only be made when these requirement are met:

• Conviction of a criminal offense which leads to loss of office.
• Inability to fulfil the duties of the office because of ill health.
• Death.
• The President or the Vice-President may forward his written resignation from office to the Speaker of the House of Representatives and the Speaker of the House of Elders, and the two Houses may, in a joint sitting, accept it or reject it by a (simple) majority of their total membership.
• If the two Houses reject the resignation referred to in Clause 4 of this Article, the President or the Vice-President shall have the right to submit again his resignation within three months of the initial resignation request, whereupon the two Houses shall be obliged to accept it.

It is at this time when the Constitution of Somaliland permits that presidential power should be transferred to the Chairman of House of Elders. According to the argument of the opposition leaders there is no place in the Constitution which permits that an interim government should be established. It would be unconstitutional if the oppositions persist that an interim government should be formed.

An elected president can only be replaced by an elected president: a constitutional argument made by the government

Article 83(3) of the Constitution provides that, ‘the former president and vice president shall continue to exercise their powers until the new president and vice president assumes these powers within a period of one month.’
The term ‘former president and vice president’ signifies that a new president has already been elected. Furthermore, the term ‘new president and vice president’ also clarifies that a new president and vice president has been popularly elected. The article mainly highlights the transitional period of the outgoing administration and upcoming administration. Thus, this Article cannot be applied to the current situation. If the ruling party and the government argue that they can only be replaced by an elected president and vice president and base their argument under this article, they cannot substantiate their constitutional argument under this article. It is evident that there is no elected president and vice president and therefore, this article is irrelevant.

Predicting way forward

Importantly there is no explicit Article mentioned in the Constitution which can be used to diffuse these constitutional disputes between the government and the oppositional leaders. It is therefore, imperative to read the lines and find a constitutional solution to this confrontation.

The role of the constitution of Somaliland

Principally the constitution as the supreme document of the land must have a position to stand in such turbulent situations. According to the articles of the constitution there is no explicit and undisputable article which formulates the way forward in such situations. Although there may be the possibility that the president may again approach the House of Elders and request another third extension of his tenure, this would not acquire a constitutional support. On the other hand, the oppositional leaders and other concerned groups may not be happy with such a move. Therefore, there is a need to resolve this problem through constitutional process.

Founding principles of the constitution

One of the founding articles of the constitution is that decision be reached through joint consultation. This term has been mentioned in the preamble of the constitution which legally does not have a legal binding force. Pre-colonial epoch the Somali people used to resolve their disputes through dialogue, consensus and consultation. Accordingly, this principle can be used to resolve the conflict between the contested parties.

Constitutional principles

Article 9 of the constitution of Somaliland provides that, ‘the political system of the Republic of Somaliland is based on peace, consultation, democracy and multiplicity of the political parties.’ Consultation as a constitutional principle can be used to diffuse the current political disputes.

The role of the Constitutional Court

The constitution established a judicial branch which is mandated to regulate the disputes that may arise between the state and individuals and between individuals. Article 101 provides that, ‘the Supreme Court of Justice is the highest entity in the judicial scale and it is at the same time the Constitutional Court…’ It is therefore, an institution which regulates the constitutional disputes arise from the organs of the state and between the state and individuals. Article 14 of the Law of the Organization of Judiciary provides the composition of the court. In addition, its mandate has been mentioned under Article 15 of this law which explicitly provides the task and the powers of the court. The court has absolute power to determine the constitutionality of certain actions and to rule it impartially. Furthermore, the court has legal power to interpret the provisions of the constitution and other parliamentary acts. With regard to this constitutional dispute the court has power to rule and determine the constitutionality of the two arguments presented by the parties. Principally it would be this court which would ultimately determine the constitutionality of those arguments. the oppositional parties cannot regrettably file their constitutional suit to this court because of its lack of independence.

Conclusion

The paper has explored to find a constitutional solution to the current political crisis in Somaliland. As mentioned in the paper, there is no explicit article in the constitution which can be used to diffuse the current political tensions. The constitution is silent with regard to what will happen if the election does not take place and the constitutional tenure of the government ends. The paper deeply researched and unearthed that the only constitutional solution to this crisis would be the founding principles which are mentioned in the preamble of the constitution and Article (9) which provides the constitutional principles. These two articles provide consultation as part and parcel of the laws of the country. It further states that decisions which are reached through consultation are binding and legally enforceable. Therefore, the only remaining constitutional mechanism that can be used to resolve this political crisis is through consultation, dialogue and consensus.

By: Mohamed Farah Hersi
Hargeisa, Somaliland
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Mohamed Farah Hersi is an attorney and human rights researcher. He holds an LL.B (Bachelor of Laws) from the University of Hargeisa in Somaliland, an LL.M (Master of Laws) from the University of Pretoria in South Africa, and is currently a Ph.D. candidate

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