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The main law governing Somaliland local government is the Regions & Districts Law (Law No: 23/2002) which confirms that the country is divided into six regions, which contain a number of districts each. Districts, in turn, contain villages. The Regional Councils are not elected, but include the elected Mayors of the districts in each region. District councils are, however, elected under the procedures laid down in the Presidential and Local Elections Law. Village councils are nominated by the elders and other prominent persons of the villages and are appointed by the District Councils. During the years of the Protectorate and the short independent State of Somaliland, the main law governing local government was the Local Government Ordinance 1953 but the first district advisory councils were established in 1951 when Town councils responsible for the collection of local revenue were introduced. These were given powers to administer local services in 1953, but met with some opposition, apparently because of the unpopularity of local taxes. There were six principal districts which, even now, form the six regions of Somaliland. Other than the capital, Hargeisa, each such district council covered the whole district. Some of the councillors were elected and others were appointed and the executive responsibility of the council was exercised mainly by an appointed full time executive officer, subject to the policies laid down by the Councils and their committees. Councils levied property taxes (rates) and land rents and fees. There was also the Local Authorities Ordinance 1950, but that dealt with the role of Akils or traditional clan leaders who opposed the system as they saw it as a diminution of their customary role. The changes were, however, gradual and initially involved the appointment of salaries Akils. The Ordinance empowered some of the Akils to assist the administration (i.e the District Commissioner) in maintaining law and order, enforcing, when feasible, orders and regulations and, above all, in bringing to justice persons of the Akils’ clans who committed crimes. The system of Akils still exists and has even thrived in Somaliland during the last 15 years, but it has no legal role in the local or central governmental structures, except in so far as both the Ministry of Internal Affairs and local authorities work with them closely in keeping the peace between the communities, which they have excelled in Somaliland. The Akils have now their own non-statutory forum known as the Sultans’ Council. (For more information on the relationship between the Sultans/Akils and the local/central government, see the Law on the Structure of the Ministry of Internal Affairs and the Administration of Regions and Districts 1993). The division of the country into regions and districts started in 1962 (Law No: 14 of 14/06/1962) and Somaliland ended with two regions (out of the eight in the Somali Republic) - Hargeisa and Burao. Each region was headed by a Governor who was appointed by the Minister of Interior. In 1963 the Local Administration and Local Council Elections Law (Law No: 19 of 14/08/1963) set out the functions and structures of the local district councils and the current Somaliland Regions and Districts Law is broadly based on this Law. The first local council election under this Law took place in November 1963. The democratic structures of the local government came to an end abruptly with military coup in 1969. On re-assertion of its independence in 1991, Somaliland started to rebuild its local democracy. Article 22 of the Somaliland National Charter 1993 emphasised the importance of the need to build democratic local councils in all the districts and the regions and this was echoed in the 1997 Interim Constitution - the provisions relating to local government are now set out in Article 109 to 112 of the Somaliland Constitution. Prior to the 2002 Regions and Districts Law, the main Law which governed local authorities in Somaliland was the the Law on the Structure of the Ministry of Internal Affairs and the Administration of the Regions and Districts 1993. Elections of district councils throughout Somaliland were held in December 2003. Although these elections took place everywhere, the lack demarcation of boundaries of the smaller Grade D districts meant that no councils were elected for them in this instance and theri mayors are still appointed directly by the Minister of Interior. On 13 July 2006, the House of Representatives passed a bill amending the Regions & District Law 2002. We shall update the law set out below, as soon as the Bill is passed by the House of Elders and signed into law by the President. THE REPUBLIC OF SOMALILAND REGIONS AND DISTRICTS LAW (LAW NO: 23/2002) (Click here for the Somali version) Translated by Ibrahim Hashi Jama LL.B, LL.M THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF SOMALIAND Having seen: Articles 109, 111 and 112[1] of the Constitution of the Republic of Somaliland; Having seen: The Bill forwarded by the Council of Ministers of the Republic of Somaliland; Having noted: The great importance of the setting up of local councils elected by the public, which would be beneficial to the progress and protection of the public interests; Having considered: The wide need for finalising the Regions and District Law which is essential for the elections of the local councils. HAS HEREBY APPROVED THIS LAW[2]: PART ONE[3] Article 1: Definitions Region: means the regions set out in this Law and into which the country of the Republic of Somaliland is divided. District: means the districts set out in this Law and into which the regions of the Republic of Somaliland are sub-divided. Regional Boundaries: mean the demarcating map lines set out in this Law which show the frontiers the regions of country of the Republic of Somaliland share with each other or with the neighbouring countries. District Borders: mean the frontiers between the districts of the country, which demarcate the areas which come under the administration of each district. Local Council: means the persons elected lawfully by the public for to lead the administration and the law making of the district. Mayor: means the member of the local council of the district who has been elected by the council to become its chairman and that of that of the district. Executive Secretary: means the official responsible for the management of the administration of the local government or of the regional capital, who is appointed by the Minister of Internal Affairs. Minister: means the Minister of Internal Affairs. Ministry: means the Ministry of Internal Affairs. Grade: means the rank assigned, as set out in this Law, to each district after an assessment of its production, economy, total population, land area etc. Article 2: The (Administrative) Structure of the Country The (administrative) structure of the country shall consist of and be divided into regions, districts and villages. Article 3: Criteria for Conferring Regional or District Status The criteria for conferring regional or district status shall be based on the following prerequisite conditions: a) The size of the area. b) The size and density of the population residing in the locality. c) The level of production and natural resources in the area. d) The extent of self-sufficiency and of arrangements for social provision. Article 4: Assessment Criteria The details of the assessment criteria for conferring regional and district status mentioned in paragraphs a to d of Article 3 of this Law shall be explained in regulations issued by the Ministry of Internal Affairs. Article 5: The Regions and Districts of the Republic of Somaliland[4] a) The Republic of Somaliland shall be divided into the following six regions: 1. Hargeisa region. 2. Togdher region. 3. Sanag region. 4. Awdal region. 5. Sool region. 6. Sahil region. b) Each region shall be sub-divided into districts graded A, B, C and D. c) The Government shall prepare a special law governing the capital city and shall forward it to Parliament for approval. d) The capital town of every region shall be graded A, as follows:
Article 6: The Grades of the Districts[5] of the Republic of Somaliland 1. The Hargeisa Region Name Grade 1. Hargeisa A 2. Gabiley[6] A 3. Baligubadle C 4. Salahlay C 5. Faraweyne D 6. Sabawanag D 7. Cadadlay D 8. Daresalam D 9. Allaybaday D 2. The Togdher Region Name Grade 1. Burao A 2. Odweyne B 3. Buhodle B 4. Duruqsi D 5. Sh. Hasan Geele D 6. Qoryale D 3. The Sanag Region Name Grade 1. Erigabo A 2. El-Afweyn B 3. Badan C 4. Lasqoray C 5. Dhahar C 6. Gar-adag C 7. Maydh D 8. Dararweyne D 9. Fiqi Fuliye D 10. Hees D 4. The Awdal Region Name Grade 1. Borama A 2. Zayla B 3. Baki C 4. Lughaye C 5. Dilla D 5. The Sool Region Name Grade 1. Lasanod A 2. Ainabo C 3. Taleh C 4. Hudun C 5. Boane D 6. Yagori D 6. The Sahil Region[7] Name Grade 1. Berbera A 2. Sheikh C 3. Mandhere D 4. Bulhar D 5. Hagal D Article 7: Regional Boundaries and District Borders a) Without prejudice to the provisions in this Article [8],the areas based on the designated districts during the Somaliland Protectorate shall be the regions. b) Notwithstanding the district of Baligubadle which was created during the period of the struggle[9] and the district of Salahlay[10], the boundaries of the six regions of the Republic of Somaliland shall be based on those of the six principal districts during the British Protectorate before 26 June 1960 which were Hargeisa, Burao, Erigavo, Lasanod, Borama and Berbera. These areas shall now become the regions which the Republic of Somaliland consists of save for the Sahil[11] region which shall have boundaries based on the areas delineated for this region for the voting on the referendum on the Constitution. c) The districts which were formed during the Government of Somalia[12] out of the territories covered by the six (principal] districts set out in Clause (d] of Article 5 of this Law shall retain their previous[13] district borders provided that in the case of the districts confirmed by the Third Conference of the Somaliland Communities[14], their borders shall be based on those used for their relevant polling stations for the Referendum on the Constitution. d) The new districts graded D[15] shall not have district councils elected at the local government elections as their borders have not yet been delineated. e) With the exception of the residents of Hagal who shall vote in the District of Berbera of the Sahil Region, all the residents of the new (Grade D) districts shall cast their votes in the first local elections for the local councils of the districts from which the new districts have been gouged out of[16]. f) The Government shall finalise the details of the borders and other conditions of the new districts and shall forward them to the Houses of Parliament for approval. g) The borders of any new district shall be confined to the area of the region and the borders of the district from which it has been gouged out of as set out in Clauses (a) to (c) of this Article. PART TWO CHANGES IN THE BORDERS OF THE REGIONS AND DISTRICTS Article 8: The Assessment and the Changes in the Grading of Districts Districts may deserve changes in their grading, which may result in either an upgrading or a downgrading or loss of district status, after an assessment based on Article 112(1) of the Constitution[17] and Articles 3 and 4 of this Law. Article 9: Delimitation of Regional Areas and District Borders The Ministry of Internal Affairs shall be responsible for the delimitation of regional areas and district borders and shall consult the other Ministries and national public agencies which may be involved in an expert or technical capacity. PART THREE ABILITY TO BE SELF-SUFFICIENT Article 10: Changes in the Structure of the Country The Council of Government[18] shall make reasoned proposals for any changes in the number and borders of the Regions and the Districts, which shall be approved by the House of Representatives and the House of Elders as set out in Part 2, Article 109(3) (of the Constitution[19]]. Article 11: (No title) The ability to reach self-sufficiency shall be considered at the regional level[20], as set out in Article 112 of the Constitution. Article 12: Regional Councils Each region shall have an Executive Committee and a Development Council, which shall consist of the following: 1. The Chairman[21] of the Region Chairman 2. Deputy Chairman of the Region Member 3. Executive Secretary of the Region Secretary The Executive Committee of the Region shall be appointed by the central government in accordance with Article 111(5) of the Constitution[22]. The Chairman of the Region and the Deputy shall be appointed[23] by a Presidential Decree and the Executive Secretary shall be appointed by a Ministerial Decree. b) The Regional Council[24]: 1. The Chairman of the Region Chairman 2. Deputy Chairman of the Region Member 3. Executive Secretary of the Region Secretary 4. The Mayors of the Districts in the Region Members 5. The heads of government departments in the Region, who shall act in an advisory capacity in their areas of expertise, but shall have no vote Members Article 13: Functions of the Regional Councils[25] 1. To reach decisions about the political, economic, administrative, security and development matters which concern the region. 2. To review the budgets of the Districts in the region. 3. To strengthen the peace and protect security. 4. To review[26] the administrative and political resolutions of the Districts in the region. 5. To mediate[27] in any disputes between the Districts or between the communities of the Region. 6. To form sub-committees which the Council can delegate specific duties. Article 14: The Responsibilities and Duties of the Regional Chairman The Chairman of the Region acts as the link between the Central Government and the Districts of the region and comes under the Ministry of Internal Affairs. His responsibilities and duties are as follows: 1. To promote and transmit to the Region and its Districts the policies of the central government which relate to the economy, society, security and administration. 2. To lead the departments representing the region and the central government agencies and to oversee their work plans and performance. 3. To implement and enforce the laws of the nation. 4. To act as an intermediary between the districts and to appoint a Mediation Committee at the regional level. 5. To co-ordinate and prepare the regional reports. 6. To link the central government and administration of the region and the districts. 7. To propose the appointment and dismissal of those responsible for the government departments at the regional and district level. 8. To report on the (performance of the) heads of the (Government) Ministries and national public agencies at regional and district level. 9. To chair the meetings of the Regional Council(s). 10. (To oversee) the security of the region (and to undertake) inspections of the region. Article 15: The Functions of the Deputy Chairman Each region shall have a Deputy Chairman appointed by the Government. The Deputy Chairman shall undertake the functions of the Chairman, in the latter’s absence, and shall fulfil any other duties assigned to him by the Chairman. Article 16: The Functions and Duties of the Executive Secretary 1. To look after the management and finances, and to oversee and inspect the work of the employees of the regional headquarters and that of the regional public agencies (be they independent or not[28]). 2. To undertake and manage any work assigned to him by the Chairman. 3. To prepare the regional reports. 4. To undertake follow-up work relating to the regional reports. Article 17: The Functions and Duties of the Mayor 1. To chair the meetings of the local district council. 2. To execute and implement the work plans of the district. 3. To implement the resolutions of the district council. 4. To co-ordinate the various activities in the locality. 5. To prepare and to forward the reports relating to the district. 6. To enforce and implement the national, regional and district legislation. 7. To propose the budget of the district. 8. To propose the bylaws and submit them to the council. 9. To sign the agreements to which the local government is a party. 10. To approve and sign payments of expenditure (cheques[29]). Article 18: Functions of the Deputy Chairman[30] of the District Every district shall have a Deputy Chairman who shall undertake the functions of the Mayor, in the latter’s absence, and shall fulfil any other duties assigned to him by the Mayor. Article 19: Functions and Duties of the Executive Secretary of the District 1. To co-ordinate the work of the various departments and to pass on the governmental directives. 2. To ensure that the resolutions of the Council and the orders of the Mayor of the District are implemented. 3. To keep abreast of and to check on the work of the departments, and to ensure delivery of service. 4. To gather and authenticate the reports of the departments of the district. 5. To check on and encourage (the fulfilment of) the work plans of the departments. 6. To encourage joint decision making amongst the heads of the departments. 7. To lead the departments of the local government of the District. 8. To report on the employees, their promotion and proposals relating to their dismissal. 9. To prepare and implement the budget. 10. To follow the laws and regulations relating to financial management. 11. To prepare the final (annual) accounts and the financial report. 12. To confirm and inspect the sites where taxes and revenues are collected. 13. To check, secure and safeguard the assets of the local government. 14. To confirm and sign vouchers and cheques for payment of expenditure and to enter signatures in the invoices for payment of ordinary expenditure relating to the activities of the administration. Article 20: Duties of the Local District Council 1. Care of the general welfare, specially the cleansing of towns and the prevention of infectious diseases. 2. Setting up markets for the sale of goods and livestock. 3. Inspection of new buildings, and those that are being renovated or require demolition. 4. Combating the problems posed by famine, storms, serious fires and any other matters which cause harm to the public. 5. Evacuation of the public in the event of a disaster. 6. Preparation and execution of programmes and projects aimed at advancing the public’s health, economy or social affairs. 7. Raising the level of work and production; the creation of (new) sources of economic activity, and the care of the public assets. 8. Construction and management of primary schools, including Koranic schools. 9. Construction and management of centres for the care of the mother and the child. 10. Construction and management of schools for the care of children and for promotion of the family. 11. Construction and Building and improving the lighting of the towns in the district. 12. Promotion of the arts, sport and culture. 13. Construction of water reservoirs in towns and villages. 14. Establishment and maintenance of roads within the towns of the district. 15. Improvement of the town and villages and dealing with planning permission in the settlements of the district. 16. Registration of the population of the district and maintenance of the registers for births, deaths, marriages etc. 17. Registration of the immovable property of the public residing in the district. 18. Improvement and care of roads inside the towns of the district. 19. Establishment and improvement of commercial and manufacturing centres for use by the public. 20. Management and oversight of rural development measures. 21. Management of self help projects. 22. Improvement of burial activities. 23. Protection of the environment. 24. Encouragement of Islamic, national and international affairs[31]. Article 21: Structure of the Management of the District Council 1. District Executive Committee. 2. District Council. 3. Sub-committees and village councils which come under the District Council. Article 22: Activities of the District Council 1. To reach decisions which show its performance of the duties and responsibilities imposed upon it in respect of all the activities for which the District Council was set up. 2. To implement within the region the activities imposed upon it under this Law. 3. To take steps in raising and developing the economy of the district. 4. To follow the directions of the Ministry of Internal Affairs and the general national policies. 5. To work fully with the central government agencies at both regional and district level. 6. To implement the laws, regulations and resolutions issued by the national Councils[32]. Article 23: District Council Regulations The District Council shall, at its first meeting, make its own special regulations relating to its sessions, conduct and behaviour, the functions of the sub-committees and its various other responsibilities. Article 24: Powers of the District Council To fulfil the aims and activities set out in Article 17 of this Law, the District Council shall have the power to: 1. Pay any necessary expenditure arising out of the activities relating to the administration of the district. 2. Issue resolutions, which are compatible with this Law and the other laws of the land, in relation to the maintenance of the peace and the advancement of the district. 3. Ensure the collection of taxes and duties and any other lawful matters, which this Law or other laws give the power to do so to the district administration. 4. Propose, in accordance with the law, the appropriation of privately owned vacant land for public interest reasons. 5. Undertake inspections and audits into the performance of the activities of the administration of the district. 6. Enter, as a party[33], into agreements relating to the activities of the local government. Article 25: District Councils The total number of members of the district councils of the local government shall be based on their grading as follows[34]: 1. The Capital City, Hargeisa 25 members 2. Grade A Districts 21 members 3. Grade B Districts 17 members 4. Grade C Districts 13 members 5. Grade D Districts 9 members Article 26: Conditions for Candidacy for Membership of District Councils[35] 1. He must be a patrial citizen ofSomaliland. 2. He must be actually resident in the district where he is standing for election. 3. He must be a muslim and must behave in accordance with Islamic religion. 4. He must not be aged less than 35 years during the year the election is taking place. 5. He must be suitable for this office on the basis of his standing within the community. 6. He must be educated to secondary school level if he standing for elections in districts graded A or B[36], or, at a minimum, to intermediate school level or equivalent if he is standing for election in districts graded C or D. 7. He must not have been subject of a final sentence for a criminal offence proven in a court within the preceding ten years[37]. 8. He must be a local district taxpayer or have participated in a voluntary capacity in activities which are of public interest in the district. Article 27: Election of District Councils 1. Members of the District Councils shall be elected from amongst nationals who fulfil the conditions set out in Article 26 of this Law. 2. District Councils shall be formed through competitive elections contested by multiple parties. Article 28: Term of office of the District Councils The term of office of the local district councils shall be five (5) years beginning from the date the outcome of the elections have been publicly announced[38]. Article 29: The Sessions of the Local District Councils The sessions of the local district councils shall be conducted in an orderly fashion and shall be as follows: 1. The meetings of the district councils shall be held once every month. 2. The sub-committees of the district councils shall meet once every week. 3. Extra-ordinary meetings may be called by the Mayor of the District Council who is the chairman of the Council, or by, at least, one third of the members of the Council. 4. Meetings of the Council shall be quorate when more than half of the members are present. Resolutions can be carried on a simple majority vote (of those present). 5. Voting at the Councils may be conducted by show of hands or by secret ballot. 6. When the Council is not in session, and it is not possible to call a meeting, the Executive Committee of the District may make provisional decisions to deal with circumstances that require urgent action. Such decisions shall be submitted to the first subsequent meeting of the Council for ratification. 7. The records and resolutions of the Council shall be kept by the Executive Secretary of the District. Article 30: The Minutes of Meetings and Registration of Decisions 1. All the meetings of the Councils shall be minuted and resolutions signed. 2. Resolutions shall be registered and kept in a secure place. 3. The minutes of the meetings shall be recorded by the Secretary of the Council, who is the Executive Secretary of the District. The Secretary has the right to express his opinions at the meetings of the Council, but has no right to vote. Article 31: Expenses for District Council Meetings 1. The service of the members of the district council is voluntary and no salaries are payable for it. 2. Whilst the activities of the Council are in progress, members of the Council shall be eligible for an allowance which shall be set out in regulations issued by the District Council. The Council shall, however, take note of the economy and resources of the District. 3. The allowance mentioned in Clause 2 of this article shall be paid from the budget of the District. 4. The Mayor of the District and his Deputy shall be paid a responsibility allowance which shall be set by the Council. Article 32: Sub-committees 1. The local District Council shall have the following sub-committees: a) Economic and Financial Sub-committee responsible for economic development, implementation of projects, co-ordination and encouragement of self-help schemes, production, care and development of livestock, and oversight of the financial management and budget of the District. b) Peace and Conciliation Sub-committee responsible for the resolution of disputes arising within the District and for the maintenance of the public order. c) Social Affairs Sub-committee responsible for health, water, cleansing, education, sport, arts and literature. d) Land Sub-committee responsible for the use of land for all purposes. 2. The total Membership of each sub-committee shall not be less than three, nor shall it exceed five members. 3. The chairmen of the sub-committees shall be elected by the Council from amongst the members of the sub-committees. Article 33: Village Council 1. Village Councils shall be appointed by the local District Council and their membership shall not exceed seven in each village. 2. The members of the Village Councils shall be nominated by the elders and other prominent persons of the village and their appointment shall be approved by the District Council. The criteria for their selection shall be set out in regulations[39]. Article 34: Privileges of the Members of the Local Councils The privileges of the members of the local government district councils shall be the same as those accorded to the members of the Houses of Parliament as set out in Article 49[40] of the Constitution. Article 35: Prohibition Relating to Council Members A member of the District Council shall not hold any other public office whilst serving in the capacity he was elected for. He shall not also use his public office for his gain, or for his private interest. Article 36: Loss of Membership of the Local Council Membership may lost in the same way as that relating to the Houses of Parliament in accordance with Article 50[41] of the Constitution. Article 37: The Filling of Vacancies in the Local Councils 1. If a vacancy in a District Council arises, it shall be filled in the same way that the departing incumbent has been chosen[42] for membership of the District Council. 2. Any vacancy in the District Council shall be filled by the party to which the departing incumbent belonged, and the top candidate on the relevant party list[43] shall fill the vacancy. Article 38: The Dissolution of the District Council[44] 1. When the District Council fails, without reason, to meet during two consecutive ordinary sessions and this has not been brought about by circumstances beyond its control 2. When one third of the members of the Council propose its dissolution and two thirds of its total membership approve the resolution. 3. &nb | |||||||||||||||||||||||