Info
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
Comments: Presidential elections and federal parliament elections.
Source: Transitional Constitution of 2012, Art. 111G (2-a & b): http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
http://www.niec.so/En/about/mandate-and-functions
Verified: 2016/11/25
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department
Comments: 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;
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
http://www.niec.so/En/about/mandate-and-functions
Verified: 2016/11/25
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
i . Not applicable
Comments: 2. The Commission shall be independent in the management of its allocated budget, in accordance with the financial rules of the government.
Source: http://www.niec.so/En/about/mandate-and-functions
Verified: 2016/11/25
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: The members of the National Electoral Commission shall hold office for one term of six (6) years which cannot be renewed
Source: Transitional Constitution of 2012, Art. 111G: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
http://www.niec.so/En/about/mandate-and-functions
Verified: 2016/11/25
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: The National Independent Electoral Commission shall be independent of the executive and shall manage its own budget. The National Independent Electoral Commission shall be inclusive and representative and be impartial and neutral.
Source: Transitional Constitution of 2012, Art. 111G: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: 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.
Source: Transitional Constitution of 2012, Art. 111G (1): http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
http://www.niec.so/En/legal/law
Verified: 2016/11/25
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
c . Combination of partisanship and expertise
Comments: 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)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)Is not a member of the Federal Parliament, Parliaments of Federal Member States, the Government or civil servants;
g)Is not a member of a political party, and shall not join any while serving as member of the Commission.
Source: Transitional Constitution of 2012, Art. 111G: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
http://www.niec.so/En/legal/law
Verified: 2016/11/25
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
k . No information available
Comments: 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.
Source: Transitional Constitution of 2012, Art. 111G: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view.
http://www.niec.so/En/legal/law
Verified: 2016/11/25
The data on this page is continuously updated.
Additional, but potentially outdated material is available here.
