KULMIYE party’s Presidential Manifesto

KULMIYE party’s Presidential Manifesto

 

Since, the inference of voter registration at the end of august this year, political parties inaugurated presenting their presidential manifest aiming to hunt as many as supports to vote for their own party. On the 16 September 2017, the government’s Kulmiye party presented its pledge to Somaliland electorate voters as to challenge them voting Kulmiye party. The core issues explored in this political party’s programme for the next five years included; the entitlement of national reform that would generally reform the country socially, politically and economically. This seems touching at the heart of the glitches existing in Somaliland, such reforms are required in many state and non- state institutions, although many scholars argue the party’s’ manifesto was not a complete to occupy such hampers that are lighten up the country. For instance, the political party’s statement did not refer remodelling significant places such as the judiciary as a complete independent body, reforming social media laws in connection of freedom of expression, amending and modifying the constitution. this paper presents an approach of how KULMIYA party manifestos can be analysed to benefit the placement of political, social and economic demands that do occur in Somaliland.

Elections constitute critical moments in the life of democracies. They rightly take a focal role in the study of individual political behaviour and party politics that are largely self-contained fields in political science. One of the greatest challenges of any party running for presidential election must meet bestowing an agenda that attracts the voters to relay on that party.  However, any quantitative analysis of political texts ought to meet the classic criteria for good data: high-quality documentation, validity, reliability, and replicability.

During the general elections, all the political parties post a manifesto showing all the different things about current society that they would like to change if they were to be elected as president.  political parties inaugurated presenting their presidential manifest aiming to hunt as many as supports to vote for their own party. In General, Therefore, the most popular party gets elected, their manifesto is brought become “a legitimate expectation” which is according to many national laws are a binding decision.  For example, if Kulmiya party pledges that they will rebuild completely Hargeisa University, then they have to perform such duties otherwise, Hargeisa University will be able to prosecute the government on the legal grounds of legitimate expectation under judicial review.

When analysing party manifestos with a specific focus on individual elections, researchers have to deal with several challenges. Some of these challenges refer to general problems of social science investigation and all methods of manual content analysis respectively. In that respect, one can argue that Kulmiy’s party manifesto somehow and somewhat filled the necessary gaps however others argue that it is incomplete pledge for number of reasons.  Arguably, the difficulties in Somaliland originates from lack of public trust to the government institutions, thus to rebuild such public trust requires a huge determination which can be started from the bottom level to upper level.  For example, people are worried about injustice and market monopolies.

Reforms for Economy

Kulmiya’s renewed focus on creating an economy strategy is a crucial and very welcome step towards engineering an economy that works for all Somali-landers. it provides an essential opportunity to build a shared vision – across government, industry and civil society – for the Somaliland’s new position on the global stage following its re-election term, and to create to create an accompanying policy framework that will ensure that resources are aligned in support of this vision.

Looking to grow your business to Somaliland country has many obstacles internally, and externally, externally, the world nations do not recognise Somaliland as an independent state, therefore this lacks of complying with international law, such as treaties of investment and so on.  All though Kulmiya party has successfully won to attract Dubai World Ports in Somaliland but this contractual agreement has not met requirements of both nationally and internationally.  the agreement was constituted according to international law on foreign investment and other international treaties, such as Washington convention (ICSID) Convention1958. Basically International law of foreign investment protection, expressed in international treaties and customary law obligations and largely implemented through Investor-State arbitration, disciplines and structures the manner in which States treat foreign investments and investor.

On the other hand, it was a great step forward inviting as many as international companies to Somaliland territory.  In the respect of internal factor is that, until now Somaliland establishment in 1991, there is no single business law contemplating to attract an international companies or setting up partnership, public companies in Somaliland. Therefore, if Kulmiya party is determined to improve and reform economy, it has to work establishment of several business laws such as investment law, consumer and supply acts, company laws, arbitration and mediation laws and so on.

Reform of Education

Every child, regardless of gender or birthplace, has a right to an education. And most people agree. But how do you take that sentiment—that education is a human right—and turn it into actionable service learning?  By national and international law everyone child who lives in the Somaliland territory has the right to achieve quality education.  One can argue that current manifesto regarding to education modification has met its selection. The reform included to improving curriculum, setting up different independent commissions that oversee the education framework from year one to higher education and renovating the building of the schools. This seems the best strategy forward adopted in the educational reform. The curriculum will include for inventing English and Arabic languages from year one to higher education. I believe that if these policies are implemented according its draft, in twenty years’ time, Somaliland will have as effective and efficient scholars around the world.

All thought, KULMIYE pledged Health Reform, foreign policy and criminal justice reforms, however missed to cite judiciary reforms and the significance of having up to date legislations and how such laws would be implemented for the next five years.  For instance, the country needs to reassess its constitution, powers relating to the house of Guurti, and job description of the ministerial and presidential decrees.

The KULMIYE leader pledged to do more to support mental health and promote greater equality. Overall the manifesto broadly pledges a raft of changes to strengthen workers’ rights, increase funding on public services, including the education and to introduce a programme of renationalisation, largely funded by tax on higher earners and a crackdown on tax avoidance. In contrast, all these pledgees require enacting laws and reforming the judiciary otherwise, it is not possible to enforce such manifesto in the community.

The manifest lacks of proper assessment of the situation in the country, such as reassessing the constitutions and other major legislations.  Since the establishment of the Somaliland Constitution in 2001, The constitution not only entrenched the governing principles of the state but created the state of Somaliland, further characterising itself as an anomaly in the spectrum of constitutions in history.  Since the proclamation of independence in 1991, the predecessor governments failed to make civil and criminal laws belonging to the Somaliland people. Until now the courts rule the Somalia civil and criminal justice system which was enacted in 1974. For example the general criminal legislation ( xeerka ciqabta guud) was enacted by the military dictator regime in 1974 was called ( Xeerka  shoobaradada). All these laws contradict the first article of the Somaliland constitution which clearly specifies that Somaliland is independent from Somalia that means including its legislations and administration.

Conclusion

In my summary, the KULMIYE party’s manifesto seems to be   lacking of the reality of its functioning in the future. Although, until now, the pledge presented an excellent educational and health reforms that will improve the country and its’ population however if there are not statutes and enforcement plans with financial resources, it will be hard for the next government to execute such promises.  As we know the prerogative power is limited to enact laws and their decrees amount to delegation submitted to the parliament. For instance, the ministry has not power to legislate a law however has a delegation power to administer its offices and work.  If KULIMIYE is determined to implement its manifesto, it is then required to originate a new law that will post the development and good governance in the future.

Thanks to Allah

Hassan Ibrahim Ahmed

LL.M (Masters of Laws) LL. B (Bachelors HONS Degree)

Legal Trainee Contract

Arbitrator and Mediator

 

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