Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: http://unpos.unmissions.org/LinkClick.aspx?fileticket=RkJTOSpoMME=
Source: Transitional Constitution of 2012, Art. 61 (2): http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
i . No information available
Comments:
Source: Transitional Constitution of 2012, Art. 61 (2): http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
Comments: The National Independent Electoral Commission will be in charge of the delimitation of constituencies and wards.
Source: Transitional Constitution of 2012, Art. 111G (2-e): http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
d . Indirectly elected by legislature
Comments: The Houses of the Federal Parliament shall elect the President of the Federal Republic of
Somalia in a joint session, presided over by the Speaker of the House of the People of the Federal
Parliament.
(2) A minimum of two-thirds (2/3) of the members of each House of the Federal Parliament must be
present when electing the President of the Federal Republic of Somalia.
Source: http://unpos.unmissions.org/LinkClick.aspx?fileticket=RkJTOSpoMME=
Verified: 2016/11/25
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: The powers and responsibilities of the President of the Federal Republic of Somalia are to:
Appoint the Prime Minister, and to dissolve the Federal Government if it does not get the
required vote of confidence from the House of the People of the Federal Parliament by a
simple majority (50% +1);
Source: Transitional Constitution of 2012, Art. 90 (d), 100: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: http://www.somaligov.net/President.html
Source: Transitional Constitution of 2012, Art. 87 - 96: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: The Federal Parliament of the Federal Republic of Somalia consists of the House of the People and the Upper House that shall carry out legislative duties.
Source: Transitional Constitution of 2012, Art. 55: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
l . Not applicable
Comments: Currently the Somalian lower house is composed of 275 members appointed by traditional leaders in consultation with their clans.
The regulations concerning political parties, their registration, elections at the Federal Government level and the National Independent Electoral Commission shall be defined in special laws enacted by the House of the People of the Federal Parliament.
Source: Transitional Constitution of 2012, Art. 47: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view;
"Somalia Elections 2016":https://aceproject.org/ero-en/misc/somalia-somalila-elections-2016-the-way-forward;
"National Leader Forum Communique":https://aceproject.org/ero-en/misc/somalia-national-leader-forum-communique-2016
Verified: 2016/11/25
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments: The regulations concerning political parties, their registration, elections at the Federal Government level and the National Independent Electoral Commission shall be defined in special laws enacted by the House of the People of the Federal Parliament.
Source: Transitional Constitution of 2012, Art.47: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
g . Not applicable
Comments: At present, there is no electoral law. According to the Provision Constitution, the regulations concerning political parties, their registration, elections at the Federal Government level and the National Independent Electoral Commission shall be defined in special laws enacted by the House of the People of the Federal Parliament.
Source: Transitional Constitution of 2012, Art.47: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: Transitional Constitution of 2012, Art. 22: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments: The National Independent Electoral Commission
Source: Transitional Constitution of 2012, Art. 111G (2-g): http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
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
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body
Comments: The law defines that the mandate of National Independent Electoral Commission includes voter education. However, the election based on popular votes has not been conducted for a while.
Source: Transitional Constitution of 2012, Art. 111G (2-g): http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
http://www.niec.so/En/news-media/press-release/43-communique-ministerial-high-level-partnership-forum-istanbul-23-24-february-2016
Verified: 2016/11/25
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2016/11/25
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
m . No information available
Comments:
Source:
Verified: 2016/11/25
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
h . No information available
Comments: It is not specified.
Source: Transitional Constitution of 2012, Art. 22:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship
Comments: Every citizen who fulfils the criteria stated in the electoral law that shall be enacted by the Federal Parliament has the right to elect and to be elected.
Source: Transitional Constitution of 2012, Art. 22: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The National Independent Electoral Commission
Source: Transitional Constitution of 2012, Art. 111G (2-c): http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
c . No information available
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
g . No information available
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship h . Minimum level of education j . Other
Comments: In order to be eligible for membership of the Federal Parliament of the Federal Republic of Somalia, a person must:
(a) Be a citizen of the Federal Republic of Somalia, of sound mind, not younger than 25, and a registered voter;
(b) Not have had their citizenship suspended by a court order in the last five (5) years;
(c) Have a minimum of secondary education or equivalent experience.
Source: Transitional Constitution of 2012, Art. 58: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments:
Source: Transitional Constitution of 2012, Art. 58, 89: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
e . No information available
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
PC015
Question: What is the basis of the public funding?
Answer(s):
f . No information available
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
PC017
Question: Are political parties entitled to private funding?
Answer:
c . No information available
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
e . No information available
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
g . No information available
Comments: No provisions yet.
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
i . Not applicable
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
c . No
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
h . Not applicable
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
Source: Transitional Constitution of 2012, Art. 132 (3),(10), 136 (2), 137, 141:http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: In a referendum held concerning the Provisional Constitution as amended, held before the end of the first term of the House of the People, the electorate of the Federal Republic of Somalia may adopt the new Constitution by a majority vote in favor of the final version of this Constitution. If a majority of those voting in the referendum vote to approve the final Constitution as amended, that Constitution becomes the Constitution of the Federal Republic of Somalia.
If the Parliament approves one or more proposed amendments concerning the review of the final Constitution, it shall conduct a referendum on the revised Constitution as amended.
Source: Transitional Constitution of 2012, Art. 132 (10), 136 (2), 137:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments:
Source: Transitional Constitution of 2012, Art. 141: http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments: The Federal Government or a Federal Members State government, a member of the Federal Parliament or a petition signed by at least 40,000 citizens may initiate the constitutional amendment process after the expiry of the first term of the Federal Parliament.
Source: Transitional Constitution of 2012, Art. 132 (3): http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments:
Source: Transitional Constitution of 2012, Art. 132 (10), 136 (2), 137, 141:http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments:
Source: Transitional Constitution of 2012, Art. 132 (10), 136 (2), 137, 141:http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/25
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
k . No information available
Comments: Art.47 The regulations concerning political parties, their registration, elections at the Federal Government level and the National Independent Electoral Commission shall be defined in special laws enacted by the House of the People of the Federal Parliament.
Source: Transitional Constitution of 2012, Art.47: https://aceproject.org/ero-en/misc/somalia-national-leader-forum-communique-2016
http://www.niec.so/En/about/mandate-and-functions
Verified: 2016/11/30
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
h . No information available
Comments: No provision
Source: Transitional Constitution of 2012,Art.47:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
http://www.niec.so/En/about/mandate-and-functions
Verified: 2016/11/30
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
h . Not applicable
Comments:
Source: Transitional Constitution of 2012:
http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
Verified: 2016/11/30
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
h . No information available
Comments:
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: 2016/11/30
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