Can the credibility of Somalia’s indirect elections be salvaged?
Posted on January 5, 2017 by Abdihakim Ainte    
Somalia’s electoral process has been marred by widespread allegations
of intimidation, corruption and vote-buying to the tune of millions of
dollars.
A delegate casts his vote for a member of parliament in Somaliland.
Credit: AMISOM/Tobin Jones.

A delegate casts his vote for a member of parliament in Somaliland.
Credit: AMISOM/Tobin Jones.

The credibility of Somalia’s electoral process is under severe threat
amidst widespread allegations of electoral fraud, manipulation and
intimidation.

The ongoing indirect elections – which began in October 2016 and
involve 14,025 electors picking 275 parliamentarians – are meant to
signal a crucial moment in the country’s path towards political
transition and electoral democracy. But claims of egregious electoral
abuse are posing a serious threat to the process.

Several parliamentary candidates have allegedly been intimidated and
even attacked by rivals to get them to withdraw. In some instances,
numerous nominees have pulled out leaving just one remaining
candidate. In one striking case, Mumunio Saeed Mursal, who was vying
for a seat in the Upper House, says she was detained and beaten by
soldiers, and later found out that her name had been withdrawn from
the race following a forged letter claiming to be from her.

Elsewhere, candidates have reportedly engaged in fraud and expended
huge sums of money to purchase votes. According to Somalia’s Auditor
General Nur Jimale Farah, “some votes were bought with $5,000, some
with $10,000, and some with $20,000 or $30,000”. Two particularly
sought-after seats, he says, each cost the winning candidates a
whopping $1.3 million in bribes.  This is happening at a time that a
new cycle of drought is putting thousands of Somalis on the brink of
humanitarian disaster.

These allegations are widespread, and Somalia’s Indirect Electoral
Dispute Resolution Mechanism (IEDRM) called for reviews to assess
whether certain results should be annulled. However, an initial 24
seats under consideration was later reduced to 11 with no explanation.
Moreover in December, the National Leadership Forum (NLF) – the body
organising the elections and which is made up of the country’s leading
politicians – decided to revoke all disqualifications.

Increasingly frustrated by the conduct of the process, the United
Nations, African Union, European Union and others took the unusual
step of issuing a joint statement in December. This was more
strongly-worded than previous warnings, asserting that: “International
partners believe that the integrity of the 2016 electoral process
hangs in the balance. More delays and a failure to hold accountable
those parties who have committed serious abuses and malpractices will
compromise the international community’s ability and willingness to
engage with Somalia’s next federal government.”

The US, UK and Sweden later followed this up by reminding Somalis with
dual citizenship that corruption conducted overseas would still be
punishable under their own law.

Nevertheless, on 27 December, Somalia’s chief justice swore in 243 new
members of parliament, including those allegedly guilty of the most
egregious cases of electoral abuse.

[Eight reasons to be concerned about the Somalia elections]

An inherently flawed process

The direction in which Somalia’s electoral process has gone is hugely
worrying, but no great surprise following years of political
infighting, structural paralysis, internal bickering and a tragic
failure of imagination.

Under the framework of Vision 2016, Somalia was meant to conduct
democratic elections in 2016. However, none of the prerequisites for
this significant transition – such as peace and security, political
stability, functioning institutions, a party political system, and the
finalisation of the provisional constitution – were successfully put
in place in the interim. The international community wanted to
fast-track Somalia’s path to elections, which are often seen as a
panacea for development and state-building, but this ambition was
unrealistic and misguided from the start.

Indeed, as the date for elections drew closer, the government claimed
it was unable to carry out the one-person-one-vote poll as stipulated.
Instead, the arrangement for indirect elections was entrusted to the
National Leadership Forum, a UN-backed framework whose key
participants included the President, the presidents of federal member
states, the Speaker of Parliament and the Prime Minister.

This group of powerful individuals, all with personal interests in the
contests, eventually came up with a convoluted and indirect system for
selecting new parliamentarians. But many of these incumbents have been
accused of manipulating the process to suit their own ambitions, with
President Hassan Sheikh Mohamud and Prime Minister Omar Abdirashid Ali
Sharmarke seen as the frontrunners for the presidency.

This imperfect arrangement set the stage for the current conduct of
the electoral process which, after several delays and setbacks, is
finally scheduled to end once the speaker of parliament and his
deputies are elected by parliament later this month.

Ongoing disputes could further delay and disrupt this latest timeline,
but even once the process is complete, the effects of a heavily
contested election will stretch far beyond the length of the process
itself.

To start, defeated presidential candidates – six of whom have already
signed a letter alleging “corruption, manipulation and secrecy” in the
contest and warning that they might withdraw their participation –
could well dismiss the outcome, leading to deepening political
distrust. A lack of perceived legitimacy of the new parliamentarians
could exacerbate ethnic and tribal tensions, reversing gains made in
the past few years. And, worst, the majority of Somalis may simply
regard the next government as a lacking in validity and credibility.

With their patience wearing ever thinner, Somali’s donors and partners
may also review their financial commitment to the government, which
currently accounts for over 70% of the country’s total budget.

[Al-Shabaab steps up attacks in run up to the Somalia elections]

Salvaging the election

The credibility of Somalia’s election – and with it, the legitimacy of
its future government – is already damaged. The country’s electoral
bodies have expressed fear over their personal safety if they
invalidate disputed cases. And the powerful NLF is filled with
individuals who have close vested interests in the races.

However, not all is lost and it is more crucial than ever that
international bodies such as the UN, AU and EU exert strong pressure
on the government – and especially the NLF – to ensure the process is
as legitimate as possible. The openly critical joint statement issued
in December is a step in the right direction, but this will have to be
complemented with further actions if it is to have an effect.

Members of Somalia’s electoral bodies, who have spoken about being
afraid for their security in handling sensitive cases, could be better
assured by international actors working in the country. An independent
technical team composed of competent experts could be established to
undertake a thorough audit of the electoral process and the disputed
cases. And legal challenges – whether in Somali or international
courts – could be prepared should contested results not be
appropriately investigated.

Somalia is in a critical and fragile position. Allowing electoral
fraud to be carried out with impunity would jeopardise the country’s
political transition. Both Somali’s nascent democracy and the
international community’s credibility are on the line.

Abdihakim Ainte is a contributor to African Arguments and political
analyst. He tweets at @AbdihakimAinte.

This article is published under a Creative Commons licence. If you are
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