| 14 |
Is there a legal framework guaranteeing the right to vote? |
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14a:
In law, universal and equal adult suffrage is guaranteed to all citizens.
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| Score: |
YES |
NO |
 |
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Comments: Article 8 states: "Right to Vote: 1. Every citizen who possesses the qualifications required by law shall have the right to vote."
Article 51 states: "The national assembly shall consist of deputies elected by the people by universal, free, direct and secret ballot and deputies as of right."
References: Article 8.
Article 51.
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14b:
In law, there is a legal framework requiring that elections be held at regular intervals.
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| Score: |
YES |
NO |
 |
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Comments: Article 52 states: "Term of Office and Elections: I. Each legislature shall be elected for a period of five years starting from the proclamation of the electoral results. Any modification of this term of office shall have no effect on the duration of the legislature during which such decision is taken."
Article 17 states: "The term of office of the president shall be six years form the date of his taking oath."
References: Article 52.
Article 17.
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| 15 |
Can all citizens exercise their right to vote? |
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15a:
In practice, all adult citizens can vote.
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| Score: |
100 |
75 |
50 |
25 |
0 |
 |
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Comments: In recent years, the people have not had free elections held in their country. All citizens can vote, but there have not been free and fair election for the last two decades.
Somalia did not have an active Government after the ouster of Siad Barre.
References: Maxamed Nuur Warsame, Professor, Somali University (Somali University Campus, Aug. 11, 2008).
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15b:
In practice, ballots are secret or equivalently protected.
|
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| Score: |
100 |
75 |
50 |
25 |
0 |
 |
|
| |
Comments: Article states: "The president of Republic shall be elected by a secret ballot, by National Assembly, with the majority of two-thirds of its members in subsequent ballots."
References: Muuse Cali Cumar, Member of Parliament (Bay Region, Aug. 4, 2008).
Article 70 the Constitution in 1960, paragraph 2.
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15c:
In practice, elections are held according to a regular schedule.
|
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| Score: |
100 |
75 |
50 |
25 |
0 |
 |
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Comments: Elections are not held on a regular schedule because Somalia has not had an active government since the ouster Siad Barre in 1991.
Usually, elections are held after a reconciliation, which the representatives of all the Somali tribes reached and signed together.
References: Maxamed Nuur Warsame, Professor, Somali University (Somali University Campus, Aug.11, 2008).
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| 16 |
Are citizens able to participate equally in the political process? |
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16a:
In law, all citizens have a right to form political parties.
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| Score: |
YES |
NO |
 |
|
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Comments: Article states: "1. The Transitional Federal Government shall encourage the formation of political parties in the Republic save that it shall be in accordance with the law.'
References: The Right to Establish Political Parties.
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16b:
In law, all citizens have a right to run for political office.
|
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| Score: |
YES |
NO |
 |
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Comments: Article 21 para 6 states: . "All Citizens possessing the qualifications required by law have the right to vote and be elected to Public Office."
Para 2 states: "The political parties shall be open for all citizens and be guided by General Principles of Democracy."
References: article 21, para 6.
Article 21, para 2.
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16c:
In practice, all citizens are able to form political parties.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
 |
|
| |
Comments:
References: Maxamed Nuur Warsame, Professor, Somali University (Somali University Campus, Aug.11,2008).
Muuse Cali Cumar, Member of Parliament (Bay Region, Aug. 4, 2008).
Article 12, para 1: "Every citizen shall have the right to associate in political parties without previous authorization for the purpose of co-operating democratically and peacefully in the shaping of national policy."
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16d:
In practice, all citizens can run for political office.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
 |
|
| |
Comments: In the last decades, there have been no any effective political parties that can discuss political issues, but there are clan representatives who claim to be political leaders.
References: Abdi Aaadn Foodadde, Director General of Ministry of Labour (Naasa Hablood Hotel, Aug. 5, 2008).
Interview with a professor who wishes to remain anonymous.
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16e:
In practice, an opposition party is represented in the legislature.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
 |
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Comments: The government has no opposition members, but there is armed opposition fighting everywhere in the country.
References: Abdi Aaadn Foodadde, Director General of Ministry of Labour (Naasa Hablood Hotel, Aug. 5, 2008).
Interview with a professor who wishes to remain anonymous.
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