National Political Parties Act

Module 1: Party Formation and the Registration Process

The inception of a political party begins with the distinction between temporary and official registration. Groups seeking to form a party can apply for a temporary registration certificate, which is granted within 30 days if they meet basic criteria, including a fee of 10 million ShSo ($500) and the submission of a signed founding meeting minute.

To transition to official (full) registration, a party must demonstrate a national character by having at least 10,000 registered members distributed across at least nine of the 18 pre-1991 regions. The official registration fee is 20 million ShSo ($1000). The Office of the Registrar is tasked with verifying that the party’s name, symbols, and colors do not duplicate existing parties or contain offensive material.

Module 2: Membership Eligibility and Prohibitions

Political participation is a right for every Somali citizen aged 18 or older. However, the law specifies strict categories of persons prohibited from party membership or activity to ensure institutional neutrality:

• The Armed Forces
• Judges and members of the Judiciary
• Diplomatic staff and all civil servants

Furthermore, a person cannot belong to more than one party simultaneously. To run for a party office, a member must typically have held membership for at least six months prior to the election.

Module 3: Operational Standards and Codes of Conduct

Parties must operate under a democratic framework, which includes having a democratically elected executive council and promoting national unity. The Act strictly prohibits parties based on tribalism, sectarianism, or regionalism, and they are forbidden from maintaining private militias.

All parties must adhere to the Code of Conduct (Jadwalka 1aad), which mandates:

• Respect for the supremacy of Islamic Sharia and the National Constitution
• Promotion of gender equality and the inclusion of youth and marginalized groups
• Adherence to transparency and accountability in internal decision-making

Module 4: Strategic Alliances: Mergers and Coalitions

The legal framework provides two distinct pathways for inter-party cooperation:

Coalitions (Isbaheysi): Two or more parties agreeing to a shared political program while maintaining separate identities. These agreements must be registered with the Registrar at least 30 days before an election or within 30 days after results are announced.

Mergers (Iskutag): Two or more parties uniting to form a new, single entity. Once the new party is registered, the original parties are legally dissolved. Notably, an MP who refuses to follow their party into a merger loses their seat, necessitating a new election for that vacancy.

Module 5: Financial Administration and the National Party Fund

Political parties are granted legal personality, allowing them to own property and enter into contracts. Financial transparency is enforced through the following mechanisms:

The Political Party Fund: Managed by the Registrar, this fund is supported by 0.3% of the national budget and is distributed to registered parties (95% for party use, 5% for administration).

Prohibited Funding: Parties cannot receive funds from foreign governments, foreign organizations, or foreign individuals.

Auditing: Parties must maintain detailed records of all assets and donations. The Auditor General is responsible for auditing these accounts annually and submitting reports to the Registrar and the House of the People.

Module 6: Political Rights and Public Engagement

Registered parties have the right to hold public meetings anywhere in Somalia and abroad, provided they follow local laws. During elections, the government must ensure equal media access across state-owned radio, TV, and newspapers.

However, all campaigning and candidate promotion must cease seven days before the election date.

Module 7: Dispute Resolution and Judicial Oversight

The Act establishes a multi-tiered system for resolving conflicts:

Internal Resolution: Each party must have internal Ethics, Dispute, and Appeal Committees (Jadwalka 4aad).

Regional Courts: These handle disputes regarding administration and finance.

The Constitutional Court: This court addresses matters concerning constitutional rights.

Dissolution: If a party is to be dissolved, the Attorney General initiates the process through the Supreme Court, which must render a decision within 15 days regarding the party’s assets and debts.