Federal Republic of Somalia
ESTABLISHMENT OF THE NATIONAL INDEPENDENT
ELECTORAL COMMISSION
Chapter 1
General Provisions
Article 1
Definitions of Terms
Under this Law, the following terms shall be construed to mean the definitions stated before each term:
1. Constitution: The Provisional Constitution of the Federal Republic of Somalia.
2. Law: The Law on the establishment of the National Independent Electoral Commission;
3. Government: The Central Federal Government;
4. Regional State: A State that is a member of the Federal Republic;
5. Local Government: District level administration;
6. Elections: National level elections;
7. Commission: The National Independent Electoral Commission;
8. Chairperson: The Chairperson of the National Independent Electoral Commission;
9. Republic: The Federal Republic of Somalia;
10. President: The President of the Federal Republic of Somalia;
11. Members: Members of the National Independent Electoral Commission;
12. Secretary General: The Secretary General of the National Independent Electoral Commission;
13. Conflicting functions: Functions that are not compatible with each other or cannot be held by the same official at the same time.
Article 2
Objectives of the Law
1. This Law hereby establishes the National Independent Electoral Commission that is responsible for administering and managing national elections in accordance with Articles 47, 110, 111G and 112 of the Provisional Constitution of the Federal Republic of Somalia.
2. This Law shall also establish the powers and state the functions of the Commission for overseeing district, regional and national elections and referendum.
3. In performing its duties, the National Independent Electoral Commission shall be independent from the executive branch of Government and from political parties; and shall only abide by the Constitution and this Law.
Article 3
Legal personality of the Commission
1. The Electoral Commission shall have a legal personality by which it can sign agreements that have legal effect, with a view to facilitate the conduct of the electoral process and the work of the Commission, in accordance with this Law.
2. The Commission shall have its own symbol and stamp.
Article 4
General principles
1. While discharging its functions, this Commission shall abide by the general principles, including:
a) Respecting the unity and sovereignty of the Federal Republic of Somalia;
b) The principles of democratic system and Federalism;
c) Protecting political rights of all Somali citizens to cast their votes in accordance with Article 22 (1) and (2) of the Constitution.
2. The Commission shall also specifically make sure that the elections are free and fair and based on:
a) Secret and free ballot, devoid of any irregularity, corruption, bribery, fraud, threat, violence and intimidation that may affect the voting;
b) The Commission shall discharge its duties with independence in accordance with the laws governing elections;
c) Elections shall be conducted in an impartial and neutral manner, and implemented in an effective way, with good conduct, fairness and transparency.
Article 5
Headquarters of the Commission
The Headquarters of the Commission shall be in the country’s capital, Mogadishu, and may have branches all over the country.
Chapter 2
Establishment of the Commission
Article 6
Structure of the Commission
1. The Electoral Commission shall be composed of nine (9) members in accordance with Art. 111G of the provisionally approved Constitution, with at least two (2) members being women.
2. The Commission shall have a Chairperson and a Deputy Chairperson whom the members shall elect from among themselves, and the first meeting of the Commission shall be chaired by the oldest member.
3. The Electoral Commission may form sub-committees consisting of its members as it sees necessary for the performance of its duties.
Article 7
Procedure for appointing the Commission
1. The Minister of the Ministry in charge of elections shall nominate from among the Somali society a temporary committee of advisers consisting of seven (7) members with good reputation and qualifications. The temporary committee shall advise the minister on the procedure and selection of candidates for membership in the National Independent Electoral Commission;
2. All members of the National Independent Electoral Commission must fulfill the criteria stated in Art. 8 of this Law;
3. Within twenty-one (21) days starting from the date when this law is enacted, the relevant Minister shall advertise the positions to allow interested candidates to submit their applications to the Ministry;
4. Within twenty-one (21) days starting from the date when the relevant Minister completes vetting the candidates, the Minister shall submit to the Council of Ministers twenty-seven (27) candidates who have been selected from the applicants, and the Council of Ministers shall select and submit nine candidates to the National Assembly for approval;
5. Within twenty-one (21) days starting from the date when the Council of Ministers submits the list to the National Assembly, the Assembly shall invite the nine (9) candidates mentioned in Para. 4 of this Article to come before the plenary of the Assembly and declare their candidature, qualifications, experience and long term vision of membership in the National Independent Electoral Commission;
6. When the hearing of the candidates as mentioned in Para. (5) of this article is completed, the National Assembly shall approve or reject any individual nominated member with a simple majority vote;
7. If one or more candidates are rejected as per Para. (6) of this article, the Council of Ministers must replace the rejected member in accordance with Para. (1) up to (6) of this article;
8. The nomination process mentioned in Para. (7) of this article, the procedure mentioned in Para. (4) and (5) of this article shall be repeated within twenty-one (21) days and submitted to the National Assembly in order to complete the members of the Commission;
9. Once the National Assembly approves nine (9) members as per Para. (3) up to (8) of this article, the President of the Federal Republic of Somalia shall announce the appointment of the members by a Presidential Decree within twenty-one (21) days starting from the date when the Speaker of Parliament submits the list of nominees to him.
Article 8
Criteria for membership in the Commission
1. Any person may become a member of the Commission if the person:
a) a) Is a citizen of the Federal Republic of Somalia;
b) b) Is not less than 30 years of age;
c) c) Is of sound mind;
d) d) Has knowledge of electoral systems or has at least five (5) years of experience in one of the following fields: Islamic Shari’ah and jurisprudence, law, Somali customary law, religious studies, public administration or civil society affairs, political sciences, social affairs management, state administration and international relations;
e) e) Is a person with a good reputation within the society, of good behavior and moral conduct, who has no criminal record of serious crimes under Somali and international laws, and crimes under the Human Rights Convention of 1949 and who has not violated decisions of the UN Security Council;
f) f) Is not a member of the Federal Parliament, Parliaments of Federal Member States, the Government or civil servants;
g) g) Is not a member of a political party, and shall not join any while serving as member of the Commission.
Article 9
Term of office of the Commission
4. The members of the National Electoral Commission shall hold office for one term of six (6) years which cannot be renewed.
5. The work of members of the Commission shall be full-time.
Article 10
Loss of membership in the Commission
1. The position of a member of the Commission shall become vacant if:
a) The member resigns from the position;
b) The member violates the Commission’s code of conduct;
c) The member is absent from five (5) consecutive meetings of the Commission without justification;
d) The member fails to perform office duties due to physical or mental inability;
e) Death;
f) If a court convicts the member and sentences him/her to a final sentence;
g) The term of office ends.
2. The Commission may remove a member of the Commission in accordance with Para. 1(b), (c) and (d) by a two-third (2/3) majority vote by the Commission, the relevant court shall decide the final ruling on the matter.
3. When one of the Commission’s positions becomes vacant, it shall be filled in accordance with art. 8 of this law.
Article 11
Functions of the Chairperson of the Commission
The Chairperson of the Commission shall be the head of the Electoral Commission and shall be responsible for the following issues:
a) To convene and chair the meetings of the Commission;
b) To guide and check the work plan of the Commission;
c) To strengthen and sustain the working relations between the Commission and different entities of the Government, and
d) To perform any other duty provided by the law.
Article 12
Functions of the Deputy Chairperson of the Commission
The Deputy Chairperson of the Electoral Commission shall be responsible for the following:
a) To perform any duty that is assigned to him/her by the Chairperson of the Commission;
b) To perform the tasks and duties of the Chairperson of the Commission when he/she is away or is permanently unable to perform his/her duties;
c) To do any other tasks assigned to him/her by the Constitution or other laws of the country.
Article 13
Functions of the Secretary-General of the Commission
1. The Secretary-General of the Commission shall be responsible for the following :
a) The Secretary is the head of the Commission’s administration and is responsible for coordinating the activities of the Secretariat;
b) The Secretary is the head of the Commission’s Secretariat which provides the Commission with the necessary advice on the conduct of the election;
c) The Secretary works under the directives of the Commission and reports to it regularly;
d) The Secretary is responsible for the implementation of the decisions of the Commission;
e) The Secretary is responsible for monitoring and facilitating the smooth functioning of the Commission and the work of its staff;
f) The Secretary is responsible for archiving the Commission’s documents;
g) The Secretary is responsible for any other task that is assigned to him/her by the Commission or this Law.
2. The Secretary is not a member of the Commission, he/she is selected through a procedure stated in the country’s civil servants law.
3. The Secretary shall attend the meetings of the Commission and may give his/her advice but may not vote.
Article 14
Functions and Powers of the Commission
1. The National Independent Electoral Commission shall have the following functions and powers in accordance with article 111G of the Constitution:
a) To organize, conduct and monitor elections at the district, regional and national level of the political parties and referenda;
b) Until political parties are established and electoral constituencies drawn, the Commission shall administer the districts and regional states elections in accordance with Law No. LR 116 and any other system that is assigned by the laws of the country;
c) To register voters and constantly review the voters registry;
d) To determine constituencies and polling centers as appropriate for the conduct of the elections;
e) To regulate the activities of political parties, in accordance with the law on the registration of political parties and other laws of the country;
f) To facilitate the monitoring and assessment of elections;
g) To issue and implement regulations to guide candidates and political parties taking part in elections.
2. To inspect and monitor that the political parties adhere to the regulations governing nomination of political parties candidates;
3. To implement public awareness of voters;
4. Registration of election candidates;
5. To administer the election of the Federal Parliament;
6. To administer the conduct of referenda;
7. To monitor and facilitate elections-related activities;
8. To resolve election-related disputes without prejudice to the role of the Judiciary of the Federal Republic of Somalia;
9. To declare elections results;
10. To announce the duration of electoral campaigns, determine the deadline for elections and set the timetable for the organization and preparation of the elections in accordance with the Constitution and this Law;
11. To make regulations, procedures and directives guiding the electoral process;
12. To open local offices in the country as appropriate and necessary for the conduct of the Commission’s activities and duties;
13. To hire staff necessary for the conduct of elections in accordance with the civil servants law;
14. The Commission may suspend the work of anyone who is a member of the Commission or its staff who is found engaged in an act that harms the impartiality and fairness of the elections, and may refer the matter to judicial authorities;
15. The resolution of disputes by the Commission shall be final except complaints on the right to vote, the right to take part in elections and the final results of the elections against which an appeal may be filed to the Constitutional Court;
16. To draft a code of conduct for candidates, political parties and the media.
17. The Commission may take administrative decisions and appropriate measures on complaints related to the Commission’s decisions, those of its staff or its designated representatives. If parties are not satisfied with the Commission’s decisions, they may file an appeal to the relevant court within 14 days, and the court shall make a final ruling on the matter as soon as possible;
18. To verify whether the elections procedures are followed and take appropriate measures accordingly and if needed be may decide to repeat an election in a constituency and to nullify the results when it is proven that its outcome did not reflect the will of the voters;
19. To impose fines or administrative sanctions on anyone who commits offences, except criminal offences, violation of law or of the Commission’s regulations;
20. The Commission may invalidate the candidacy or return the nomination list of anyone who violates this Law or did not meet the criteria set out in this Law from competing in the elections or can reject the list or lists of nominated candidates;
21. To specify polling stations locations where voters will cast their vote;
22. To design ballot papers and provide instructions as to how to mark them;
23. To state the method for vote counting;
24. To specify the locations where vote counting shall take place.
25. To provide accreditation to independent elections observers as well as the media that shall observe the electoral process;
26. The Commission may propose to the Federal Government the postponement of elections for a specific period, by providing the Federal Parliament with detailed justification within an appropriate timeframe;
27. To carry out any other activity assigned to it by the Constitution and this Law.
Chapter 3
Article 15
Internal regulations of the Commission
1. The Commission shall have internal regulations to govern its activities and implement the provisions set out by this Law.
2. Without prejudice to Para. (1) of this article, the internal regulations shall include:
a) To appoint, approve and authorize members of the offices that come under the responsibility of the Commission in accordance with this Law;
b) To take disciplinary action against any official or representative of an office that comes under the responsibility of the Commission in accordance with this law;
c) To abolish a position that had been created or suspend an employee of any office that comes under the responsibility of the Commission, in accordance with this Law;
d) To draft the procedure for setting polling centers;
e) To coordinate/liaise, appoint representatives of the Commission and its Secretariat;
f) To perform any activity that is assigned to it by the Constitution and this Law.
Article 16
Meetings and procedures of decisions of the Commission
1. The meetings of the Commission shall be valid when the quorum present is five (5) members of the Commission;
2. All the meetings of the Commission shall be chaired by the Chairperson of the Commission, and in his/her absence by the Deputy Chairperson;
3. If the Chairperson and the Deputy Chairperson are absent, the members present shall, by a majority vote, elect a temporary Chairperson for the purpose of chairing the meetings;
4. The decisions of the Commission shall be adopted by a simple majority vote (50%+1) involving all the members of the Commission;
5. When the voting referred to in Para. (4) is tied, the Chairperson shall exercise a casting vote;
6. The Commission shall present to the public the names of candidates, ballot papers, final results of the elections and any issue that is important to inform the public;
7. As far as possible, the Commission shall reach every decision unanimously.
Article 17
Immunity of the Commission
1. Members of the Electoral Commission or its staff shall not be subjected to civil or criminal lawsuit while performing their duties;
2. The premises and offices of the Electoral Commission shall not be searched without permission from the Federal Supreme Court.
Chapter 4
Miscellaneous Provisions
Article 18
Budget of the Commission
1. The Commission shall have a separate budget which shall be part of the National Budget, in accordance with article 110 (4) of the Constitution;
2. The Commission shall be independent in the management of its allocated budget, in accordance with the financial rules of the government.
Article 19
Salaries, Remunerations, Entitlements of Members of the Commission
1. Members of the Commission have the right to monthly remunerations in accordance with the procedures applied by the Federal Government;
2. Members of the Commission have the right to travel allowances and other expenses that they incur when they go on official travel;
3. Members of the Commission and all the staff shall have the right to one month leave per year.
Article 20
Incompatibility of Membership of the Commission
1. Members of the Commission shall not hold other positions during their tenure;
2. Members of the Commission shall resign from their position six (6) months before they run for political office;
3. Members of this Commission shall lose any position they held before, once sworn in to the membership of this Commission.
Article 21
Oath of the Electoral Commission
Before assuming their office, all members of the Commission shall take, before the National Assembly, the following oath of office administered by the Chairperson of the Supreme Court:
“I swear in the name of God that I will fulfill my responsibilities honestly, and in the interest of the country and that of the people and the religion, and to observe the National Constitution and other laws of the country.”
Article 22
Code of Conduct
The Commission and all its staff are bound to observe the Code of Conduct and as stated in Annex 1 to ensure that they perform their duties with independence, honesty, transparency and diligence and impartiality.
Article 23
Reports of the Commission
1. The Commission shall submit to the National Assembly a report every four (4) months;
2. The Commission shall release the results of the election at the national level;
3. The Commission shall inform the public and raise awareness.
Article 24
Management of Information
1. The Commission shall publish and disseminate all important information related to directives issued and advice given to the public;
2. Publishing such information shall be in line with the need to preserve the Commission’s secrecy;
3. Every member of the Commission and its staff shall sign a contract related to secrecy and keeping election information confidential;
4. When appropriate, the Commission shall inform the public and provide the necessary information on the following:
a) Where the offices of the Commission are located;
b) Address of the offices, telephone numbers and any other means by which they may be contacted.
Article 25
Legal Advice
The Commission may ask the Attorney General and the Supreme Court of the country for legal advice.
Article 26
Repeal of Law
This Law shall repeal any law that contradicts it.
Article 27
Coming into Force of this Law
This Law shall come into force when approved by the Federal Parliament and signed by the President of the Federal Republic of Somalia, and published in the Government Official Bulletin.
Annex 1:
Code of Conduct for Members and Staff of the Commission
1. Independence and neutrality of the members
a) Members of the National Independent Electoral Commission and the staff of the Commission must perform their duties with fairness and neutrality, based on honesty without fear and hatred and impartiality that can affect:
i. Any state institution;
ii. Political party;
iii. Election candidate;
iv. Any other authority or organizations.
2. Independence from political or government office
a) Members of the Commission and its staff have no right, during their term in office, to:
i. Be appointed to political offices;
ii. Be appointed to other government office.
b) Members of the Commission shall not:
i. Directly or indirectly support or oppose any party or candidate in an election or issues related to political party, candidates or opposition;
ii. Use or profit from any information that they might obtain;
iii. Disclose confidential information to a third party or person except information related to the performance of their duties.
3. Any member of the Commission who is directly or indirectly interested in a contract to be given by the Commission, or a contract at a proposal stage, or any other matter that is part of the agenda before the Commission which has direct or indirect relations with his/her personal interest, shall not participate in the session in which the contract or the other matter before the Commission is deliberated, and shall not vote on the matter and shall not be counted part of the required quorum for the session in which the Commission takes a decision on the matter.
4. Members of the Commission shall not engage in acts that may harm the independence of the Commission, announce or be part of an announcement/statement that may directly or indirectly endanger the transparency and neutrality of the Commission.
5. Professional Work Ethics
Members of the Commission and its staff shall:
a) Perform their duties in the best way that they can, and gain the trust of the public in the Commission;
b) Treat the public and those that they consult with honor and respect;
c) Perform their duties professionally in accordance with the regulations and the law;
d) Respect the right to freedom of all citizens.
6. Abuse of Power
Members of the Commission and its staff shall not:
a) Misuse their powers to benefit themselves or others;
b) Accept or ask for presents while performing their duties;
c) Disclose information for personal benefit or the benefit of others.
