索马里政党法

the Regulation of Political Associations and Parties Law 2011 and its Amendments Preamble PART ONE: GENERAL PROVISIONS Article 1: Definitions PART TWO Article 2: General principles and compliance with the law PART THREE: Structure and duties of the Registration Committee Article 3: The Committee for the Registration of Political Associations and the Approval of National Parties PART FOUR: THE REGISTRATION AND PROCEDURES Article 4: Requests for Registration and Receipt of Applications Article 5: The National Parties and the Provisional Associations Article 6: Differentiating the Parties/Associations contesting the local elections Article 7: Matters in which Parties/Associations are forbidden Article 8: The rights of the National Parties Article 9: The rights of citizens Article 10: Reasons for losing membership Article 11: Candidates contesting the House of Representatives and the District Councils elections Article 12: Period of office of the President and of Party Chairmen PART FIVE: THE RULES, STRUCTURE AND WORK OF THE POLITICAL ASSOCIATIONS Article 13: The Rules and structure of the political associations Article 14: Prohibitions Article 15: Symbols and Names Article 16: Leaders of the Political Parties/Associations Article 17: Changes in Leadership and the Rules of the Parties/ Associations PART SIX: THE MEDIA AND PROPERTY OF THE POLITICAL PARTY/ASSOCIATION Article 18: The Media of the Party or Association Article 19: The Property of the Party/Association PART SEVEN: EXISTING POLITICAL PARTIES Article 20: The legal personality of the parties Article 21: Fines for contravention of the law PART EIGHT Article 22: Prohibitions relating to Government Grants to the parties Article 23: Accounts PART NINE: MISCELLANEOUS PROVISIONS Article 24: The unsuccessful party and the association that does not become a party Article 25: National Parties’ capacity building and improvement Article 26: Power to issue Regulations Article 27: Repeals Article 28: Coming into force Article 29: Disputes within a party/association or between two associations/parties PRESIDENTIAL DECREE NO. 0168/082011 dated 28/11/2001 PRESIDENTIAL DECREE NO. 0179/122011 dated 13/12/2001 THE REPUBLIC OF SOMALILAND THE REGULATION OF POLITICAL ASSOCIATIONS AND PARTIES LAW (AS AMENDED IN 2011) LAW NO. 14/2011 THE HOUSE OF REPRESENTATIVES Having Seen: Articles 9, 22 and 23 of the Constitution of the Republic of Somaliland; Having Seen: Presidential Decree No. 0165/07/2011, reference RSL/M/ERM/249-635/07211, relating to the setting up of political associations, the advancement of the electoral process and the additions and changes to Law No. 14/2000 Recognising: The necessity for introducing legislation which sets out the way in which citizens can exercise their political rights in accordance with the Constitution so that they can participate in political activities peacefully and gain power in the country; Noting: That citizens have a right to enjoy their political rights and to fulfil their responsibilities when they set up political associations; and that there is a need for laying down the principles and laws applicable to the national parties which have legal personality; Convinced: Of the need for reforming and changing the Regulation of Political Parties and Associations Law, Law No. 14/2000; Has made additions and changes to the Regulation of Political Associations and Parties Law, Law No. 14/2000, and passed this Law No. 14/2011 PART ONE: GENERAL PROVISIONS Article 1: Definitions 1. “Committee”: means the Committee for the Registration of Political Associations and the Approval of National Parties. 2. “Commission”: means the National Electoral Commission (NEC). 3. “Region/District”: means the Regions and Districts set out in Law No. 23/2002. 4. “Political Association”: means a group of citizens sharing common political opinions who has registered as an Association so as to participate in the local government elections prior to its recognition as a national party. 5. “Party/Parties”: means the national party/parties that have been approved for participation in the general elections of the House of Representatives and those of the President and the Vice-president. 6. “Foreigner”: means any person who is not a patrial of the Republic of Somaliland. 7. “Public media”: means radios, newspapers, cinemas, national television and other media which are managed by the state. 8. “Public assets”: means the movable or immovable assets of whatever form, which are owned by the state. 9. “Application form”: means the special form issued by the Committee for the Registration of Political Associations and the Approval of National Parties, which sets out the conditions to be fulfilled by any political association seeking registration. 10. “National elections”: means the general elections to be contested by the three national parties. 11. “Leaders of a National Party/Association”: means the top leadership of a party/association such as the Chairman, the Deputy Chairman, the General Secretary and his/her Deputy. 12. “The legally recognised councils”: means the constitutionally set Councils of the Republic of Somaliland which are: a) The House of Elders. b) The House of Representatives. c) The District Councils. PART TWO Article 2: General principles and compliance with the law 1. The parties/associations must comply with the provisions of Constitution, the laws of the land and democratic procedures and must not damage the unity of the country, the territorial integrity of the Republic of Somaliland and the public security. 2. The parties/associations shall participate in educating their supporters about electoral contests and democracy and shall pay particular attention to women and the youth. 3. The parties/associations must not be based on clanism, single gender or on any other issue which divides the society. 4. The parties and the associations shall be managed in a manner which is in accord with this Law and is not in conflict with Islamic Sharia, the Constitution of the nation, and the laws of the land and the (relevant) Rules of the parties or associations. 5. Any person who is a Somaliland citizen and who fulfils the conditions set out in this Law shall have the right to form a political association in accordance with this Law. 6. When, before the election of the local councils, two or more associations merge so as to form an alliance or an association merges with a party,an original copy of the alliance (merger) agreement shall be submitted to the Committee for the Registration of Political Associations and the Approval of National Parties. PART THREE: STRUCTURE AND DUTIES OF THE REGISTRATION COMMITTEE Article 3: The Committee for the Registration of Political Associations and the Approval of National Parties 1. The Republic of Somaliland shall have a main committee which is independent and which will have the responsibility of registering political associations and approving the national parties. 2. The Committee shall consist of 7 (seven) members of which at least one is a lawyer. 3. The Committee shall elect from its members a Chairman, Deputy Chairman and a Secretary. 4. The Committee (members) shall be chosen on the basis of the following conditions: a) S/he must be a Muslim who observes the Islamic religion. b) S/he must be a citizen who is not younger than 30 years. c) S/he must be physically and mentally able to fulfil his duties. d) S/he must be educated to university (first degree) level. e) S/he must not have been subject of a final sentence for a criminal offence by a court within the preceding five years. f) S/he must be a responsible person with good character and be known for her/his impartiality. g) S/he must have, at least, 5 years’ experience of work and management. h) S/he must have been continuously resident in the country of the Republic of Somaliland during the preceding two years. i) As for the lawyer member, s/he shall, in addition, fulfil the conditions for selection of judges of the Supreme Court. 5. The seat (headquarters) of the Committee shall be Hargeisa, and the Committee shall have agents in the regions and districts of the country. 6. The Committee shall hold office for a period of two (2) years beginning from the date when the Supreme Court administers the oath of office to them. The President may, if necessary, renew their appointment and such extension of their term shall be subject of approval by the House of Representatives. a) The members of the Committee may be dismissed in accordance with the procedures for the dismissal of the members of the National Electoral Commission. b) If, prior to the end of the term of office of the Committee, all the membership of the Committee becomes vacant, the newly appointed Committee members shall serve for the remainder of the Committee’s term of office. c) If a member of the Committee vacates his membership, the President shall appoint his successor who shall serve for the remainder of the Committee’s term of office. d) The appointment of a new member or members shall be confirmed by the House of Representatives before they are sworn into office. 7. The President of the Republic of Somaliland shall nominate the members of the Committee for the Registration of Political Associations and the approval of the National Parties. 8. The nomination of the Committee for the Registration of Political Associations and the approval of the National Parties shall be approved by the House of Representatives on a majority vote of half of the members of House plus one (absolute majority). 9. The Committee shall receive emoluments equivalent to those received by the members of the National Electoral Commission. 10. The Chairman of the Supreme Court shall administer the following oath to the Committee (members) seven days after the date when the House of Representatives approves of their nomination: “I SWEAR BY ALLAH THAT I AM NEITHER A MEMBER NOR PART OF A POLITICAL UNIT, ASSOCIATION OR NATIONAL PARTY, AND WILL NOT BE A MEMBER OF ANY other ASSOCIATION OR PARTY WHILST IN OFFICE; AND SHALL SERVE THE SOMALILAND SOCIETY WITH JUSTICE, EQUALITY AND HONESTY”. PART FOUR: THE REGISTRATION AND PROCEDURES Article 4: Requests for Registration and Receipt of Applications 1. The Committee shall announce through the media of the country the period set for receipt of applications for registration of political associations and the closing date for the receipt of such applications. The period for receipt of applications shall be forty five (45) days beginning from the day when the receipt of applications is published or publicised in the media. 2. The new political associations shall register themselves at the Hargeisa headquarters of the Committee for the Registration of Political Associations and the approval of the National Parties. 3. Any association seeking registration as a political association shall submit an application, in the prescribed form, addressed to the Committee and shall enclose the following particulars and documents: a) The date when and the place where the association held its first founders’ meeting. b) A list of the names of the founders of the association and the procedures for their election. c) A list of the names of the members of the leadership, the executive committee and the central committee, signed by the Chairman and the Deputy Chairman. d) The structure of the Association showing the full name of the Association, its acronym and symbol. e) Proof of payment of a registration tax of 150,000,000 (One hundred and fifty million) Somaliland Shillings. f) It must be clear that the tax was paid jointly and not by one person and the Registration Committee shall make enquiries into (the compliance with) this requirement. g) The national parties which have already been awarded a party certificate shall not incur any registration tax. h) The period of licensing as a national political party shall be ten (10) years beginning from the date when the licence was issued. Article 5: The National Parties and the Provisional Associations 1. On expiry of the period of submission of applications for registration of associations, the Committee for the Registration of Political Associations and the approval of the National Parties shall confirm the associations which fulfil the necessary conditions, and shall grant them a provisional approval which will enable them to operate. 2. The period in which the associations can so operate shall be up to six months which shall be set by the Committee for the Registration of Political Associations in consultation with the National Electoral Commission. 3. Every [party]/association shall submit, within the period set out in clause 2 of this Article, the following documents and particulars: a) The holding of the general meeting of the association [or party], the date when and the place where it was held, and the main issues dealt with, such as the list of the members of the Central Committee, the Executive Committee and the leadership of the [party] (association) . b) Proof that the association has functioning branches and that it has registered at least 1000 (one thousand [persons])members in every region, who should hold legal citizenship confirmation cards. c) The period of licensing as a national party shall be ten (10) years beginning from the date when the licence was issued. 4. The Committee shall issue four (4) copies of this Law to every association which is granted provisional approval enabling it to operate. 5. The rules of every political association/party shall show clearly adherence to (the principles of) democracy, power-sharing and good governance. 6. Every association shall submit to the committee 3 printed copies of its Rules and the details of its addresses in all the regions and districts of the country. 7. The Rules of every party/association shall conform to the provisions of the Constitution and the other laws of the Republic of Somaliland. 8. Every Somalilander (Somaliland citizen) shall be able to become a member of any party/association. 9. A political association which has been granted approval as a party shall not amalgamate with another party prior to or after the elections. Similarly, the Rules of any such party shall make it clear that no member or members of the party who have been elected to the legally recognised Councils may be expelled from the party unless they have contravened the laws of the country or the Rules of the party. 10. The programme of every party shall address clearly the following issues: a) The maintenance of the peace, tranquillity and the (public) order of the country. b) The advancement of education and religion. c) The promotion of health and welfare. d) The care and protection of the environment. e) The investment in and the utilisation of the natural resources of the country. f) The promotion of knowledge and technology. g) Encouraging the youth and women to participate in the politics of the country. h) Observing the Constitution and the laws of the country. Article 6: Differentiating the Parties/Associations contesting the local elections 1. The three parties/associations which gain in the local government election 20% of all the votes cast in every region shall be recognised as national political parties, and shall each be issued with a certificate of recognition as a national party. 2. If only one party [or association] succeeds in gaining 20% of the votes in every region, the Committee shall recognise as national political parties that party [or association] and the other two parties [or associations] which come next in the total percentage of votes cast for them in every region. 3. If the percentage of the regional votes cast for two or more associations [or parties] are equal, they shall be differentiated on the basis of the total number of votes cast for each of them. 4. No association/party shall use or utilise for its own electoral activities the assets of the Somaliland nation. 5. No association/party shall use armed groups or forces for the furtherance of its own interests. Article 8: The rights of the National Parties 1. The political parties which have been issued with a certificate as a party shall have the right to: a) have access to the national public media in an equitable manner, and, having obtained the approval of the appropriate agencies, to own their own media; b) express freely their political opinions, without damaging the public order and the general security of the country; c) be free from any suppression of their party officials and from violation of their centres by the security forces without the order of a competent court; (and) d) to criticise the Government, as opposition national political parties. e) The parties shall submit, in writing, to the relevant Regional Court any plaints or grievances they may have about the work of the Committee for the Registration of Political Associations and the approval of the National Parties. f) If they are dissatisfied with the decision issued by the Regional Court, they can appeal to the Constitutional Court. g) The national parties shall have the right to own private property. Article 9: The rights of citizens Every adult citizen shall have the following rights: 1. To participate in political activities. 2. To join the party or political association of his/her choice. 3. Members of associations or parties shall have equal rights in being elected or voting the internal party/association elections. 4. Any member who wishes to leave his/her position as an office bearer in a party or association: a) shall submit his/her resignation application to the party/association; (and) b) the party/association must accept or reject the member’s resignation within 14 days. 5. No person can be a member of two parties/associations or a party and an association at the same time. Article 10: Reasons for losing membership Any member of a party or association may be expelled only when s/he: a) forms another association; b) participates in the formation of another association; c) joins or generally campaigns for the formation of another association [party]; d) contravenes the Rules of the party/association. Article 11: Candidates contesting the House of Representatives and the District Councils elections 1. Any person who is Somaliland citizen shall have the right to be elected and to elect others, but a candidate (for election) can only be: a) a Somaliland citizen who has been adopted as a candidate by a party (or association in relevant local elections) and has fulfilled the conditions set by the law. b) No independent candidate who is not standing in the name of a party (association) can stand for an election. 2. The executive committees of the parties shall nominate the candidates standing for them in the election of the House of Representatives. 3. The committee of the party (association) at each region shall nominate the candidates at district level. 4. Whenever the competition of the political associations in the District Councils (elections) is allowed, any sitting member of the House of Representatives or of the local District Councils shall be free to form a new political association or to join a political association/party of his choice. Article 12: Period of office of the President and of Party Chairmen 1. No person may hold the office of President more than twice. 2. A national party shall not put forward as a candidate for the Chair of its party for more than two terms. PART FIVE: THE RULES, STRUCTURE AND WORK OF THE POLITICAL ASSOCIATIONS Article 13: The Rules and structure of the political associations The Rules of the political associations shall state clearly the following: 1. Full name of the association. 2. The objects of the association. 3. The structure of the association and its branches. 4. The seat of the association which should be situated inside Somaliland. 5. The procedures for the election or changes of the office bearers the association and their terms of office. 6. Membership conditions and the reasons for its loss and the resignation of members and office bearers. 7. Provisions relating to the ways in which the Rules of the association may be changed. Article 14: Prohibitions Any person who is a member of the armed forces such as the national army, the Police, the Corrections Corps, the national intelligence agencies; the non-governmental organisations, governmental employees (civil servants); and the members of the Judiciary, the Procuracy, and the Registration of Political Associations and the Approval of National Parties Committee are prohibited from: 1. forming a political association or becoming a member of such an association; 2. being appointed as an office bearer of a political association; 3. getting involved in the affairs of parties/associations and losing the impartiality of his present office; 4. supporting or opposing a political party/association. Article 15: Symbols and Names No association may use the symbols or a name previously used by another association, party, governmental bodies or the Somaliland state. Article 16: Leaders of the Political Parties/Associations Persons standing for election of the leadership of the political parties/associations shall fulfil the conditions: 1. S/he must be a Somaliland citizen. 2. His/her age must be no less than 30 years. 3. Unless covered by a pardon by the President of the Somaliland Republic, s/he must not have been subject of a court sentence of more than 3 (three) years for an offence, during the last 5 years. 4. S/he should be a Muslim who observes the Islamic religion. Article 17: Changes in Leadership and the Rules of the Parties/ Associations 1. Any changes to the leadership, the Rules and the structure of a party/association must be announced in the media no later than 15 days from the date when the party/association held the meeting which reached the decisions relating to these changes. 2. At the same time, an official record relating to the matter must be sent no later than 15 days to the Procuracy, and the National Electoral Commission. PART SIX: THE MEDIA AND PROPERTY OF THE POLITICAL PARTY/ASSOCIATION Article 18: The Media of the Party or Association 1. A political party/association shall have the right to set up its own media in accordance with the laws of the land which relate to privately owned media. 2. No political party/association shall spread, print or publish false news which creates disturbances and public conflict, weakens the unity of the country or damages the public security. 3. Political parties/associations shall have equitable access to the use of the media managed by the Government during the election campaigns. Article 19: The Property of the Party/Association The assets of a party/association may be gained through: 1. contributions made by the members of the party/association; 2. donations to the party/association which must be given by indigenous (locally owned)concerns or Somaliland citizens; 3. grants made equitably by the Government. PART SEVEN: EXISTING POLITICAL PARTIES Article 20: The legal personality of the parties 1. The three national parties recognised as national parties shall have legal personality. 2. The (current) political parties shall have the right to contest the forthcoming local council elections. They shall, however, forward to the Registration Committee the following: a) The full name of the party. b) The objects of the party. c) The structure of the party and its branches. d) The seat of the party which should be situated inside Somaliland. e) The procedures for the election or changes of the office bearers the party and their terms of office. f) Membership conditions and the reasons for its loss and the resignation of members and office bearers. g) Provisions relating to the ways in which the Rules of the party may be changed. Article 21: Fines for contravention of the law The Committee shall levy monetary fines of thirty million Somaliland Shillings (30,000,000 SL/Sh)on any party/association which contravenes this Law. PART EIGHT Article 22: Prohibitions relating to Government Grants to the parties Government grants shall not be used directly or indirectly for inclusion in private commercial undertakings involving either movable or immovable property. Article 23: (Annual)Accounts 1. Every party shall prepare its annual accounts (income and expenditure) certified by an independent auditor and shall forward it to National Electoral Commission by no later than 31 March of each year. 2. The engagement of the independent auditor shall be requested by the National Electoral Commission or the Associations Registration Committee. PART NINE: MISCELLANEOUS PROVISIONS Article 24: The unsuccessful party and the association that does not become a party 1. Every party/association which does not succeed in the district councils elections shall join, together with its district council members that have gained seats in the district councils of the country, one of the three national parties of its choice and shall inform (their choice), in writing, the Registration Committee within a period of no more than one month (30 days). 2. If the party to which a sitting member of the House of Representatives belongs does not succeed in the contest of the associations and parties, the sitting member can join one of the parties of his choice, and shall continue to serve the remainder of his term of office. 3. The President and the Vice-President shall serve the remainder of their terms of office if their party does not succeed (at the district council elections) and it is open to them to join the party of their choice. Article 25: National Parties’ capacity building and improvement 1. The National Parties which have succeeded in the election shall implement, within their internal affairs, good governance, democracy and equal access to power. The leadership of the party must always be decided in accordance with the procedures laid down in its Rules. 2. The general assembly of the National Party shall be held once every 5 (five) years and shall be announced sixty (60) days before the date of the Assembly. 3. The meeting of the Central Committee shall be held once a year and shall be announced 30 days before the meeting. 4. The following shall be elected at The General Assembly of the party: a) the members of the leadership of the party and of the Executive Committee; (and) b) the members of the Central Committee of the party. c) The Programme and the Rules of the party shall be approved at the General Assembly. 5. The list of members of the Executive Committee and those of the Central Committee of the party shall be forwarded to the Procuracy, the National Electoral Commission and the Registration Committee within a period of no more than 30 days after the (date of the) General Assembly. 6. The removal from office of the leadership of the party, the Executive Committee and the members of the Central Committee may be proposed: a) by one third (1/3) of the members of the Central Committee of the party; b) by the Chairman of the party; c) (through) resignation; and shall be approved by the members of the Central Committee of the party on a vote of half of the members plus one (qualified majority). 7. The Registration of Political Associations and the Approval of the National Parties shall monitor the internal democracy of the parties and shall submit, when necessary, reports to the House of Representatives. 8. When the term of office of the Registration of Political Associations and the Approval of the National Parties expires, their duties shall be taken over by the National Electoral Commission. Article 26: Power to issue Regulations The Registration Committee shall have the power to issue Regulations, Code of Conduct and Directives, which shall not be in conflict with the Law. Article 27: Repeals 1. The Regulation of Political Parties and Associations – Law No. 14/2000 shall be replaced by this Law No. 14/2011. 2. Any provision which is in conflict with this Law shall be null and void. Article 28: Coming into force This Law shall come into force when it is approved by the Houses of Parliament and is signed by the President. Article 29: Disputes within a party/association or between two associations/parties 1. If there a dispute between the members of a party or association in connection with their leadership or they break up into two or more sides (factions) and the various bodies of the party/association cannot settle the dispute, any of the sides which wishes to do so may submit a complaint to the Registration of Political Associations and the Approval of the National Parties Committee. 2. When the Registration Committee receives the complaint referred to in Clause 1 of this Article, it shall issue a decision based on the Regulation of Political Associations and Parties Law 2011, Law No. 14/2011, and the Rules of the party/association whose leadership is under dispute and which has been registered by the Registration Committee. 3. Any side which is not satisfied with the decision of the Registration Committee may appeal to the Supreme Court whose decision shall be final. 4. If the disputing sides produce two different and conflicting Rules made for the association/party whose leadership is in conflict, due regard shall be given to the Rules registered with the Registration Committee and with which the association/party was officially recognised. 5. If the dispute referred to in the preceding Clause arises before the association has been registered and recognised, the Registration Committee shall not register the name of the association whose leadership is in conflict. 6. The different sides may (in such circumstances) each form separately an association with a name different from one which was in dispute. 7. If two associations or an association and a party are contesting a name or symbol after their registration, the one whose ownership of the name and symbol had been registered by the Committee, or the one that has been registered prior to other shall be recognised as the correct owner of that name and symbol. REPUBLIC OF SOMALILAND REF: JSL/M/XERM/219-683/082011 DATE: 20/08/11 PRESIDENTIAL DECREE NO. 0168/082011 IMPLEMENTATION OF LAW NO. 14/2011 THE PRESIDENT OF THE REPUBLIC OF SOMALILAND Having Seen: Article 90 of the Constitution of the Republic of Somaliland; Having Received: The Resolution of the House of Representatives RSL No. GW/KF- 15/534/2011 approving the Regulation of Political Associations and Parties Law; Having Seen: Article 75 of the Constitution of the Republic of Somaliland Hereby promulgates The entry into force of the Regulation of Political Associations and Parties of the Republic of Somaliland, Law No. 14/2011 Praise be to Allah Ahmed Mohamed Silanyo President, Republic of Somaliland REPUBLIC OF SOMALILAND REF: JSL/M/XERM/249-803/122011 DATE: 13/12/11 PRESIDENTIAL DECREE NO. 0179/122011 IMPLEMENTATION OF THE CHENGES AND ADDITIONS TO THE REGULATION OF POLITICAL ASSOCIATIONS AND PARTIES, LAW NO. 14/2011 THE PRESIDENT OF THE REPUBLIC OF SOMALILAND Having Seen: Article 90 of the Constitution of the Republic of Somaliland; Having Received: The Resolution of the House of Representatives RSL No. GW/KF- 16/549/2011 approving the changes and additions to the Regulation of Political Associations and Parties Law; Having Seen: Article 75 of the Constitution of the Republic of Somaliland Hereby promulgates The entry into force of the changes and amendments to the Regulation of Political Associations and Parties Law of the Republic of Somaliland, Law No. 14/2011, which are the following articles: Article 3, Clause 6, paragraphs B, T, J, X Article 4, Clause 1 Article 4, Clause 3 Article 5, Clause 2 Article 5, Clause 3, paragraph J Article 11, paragraph 4 Article 23, Clause 2, and New Article 29. Praise be to Allah Ahmed Mohamed Silanyo President, Republic of Somaliland http://www.somalilandlaw.com/Political_Parties___Assoc_Law___Amends__2011_EngF0412.pdf