85
•
Realities on the ground further dictate that the priorities of social and political
culture often take precedent to the written law, meaning that the law is, in practice,
rather malleable and often seen as optional, particularly at the local level;
•
Many officials at both the national and local levels are unaware of the legal
regulations which form the basis of their mandate, nor is there much appetite to seek
clarification from superiors.
•
Local government fiscal autonomy:
Local governments have insufficient resources to
provide basic services. Local councils point to difficulties in collecting tax revenue.
Law No. 12/2000 on unified tariffs for local governments limits their authority to
generate revenue through taxation at the local level despite bestowing a significant
degree of fiscal authority on local administrations. However, all fiscal authority granted
to local administrations is subject to approval by the Ministry of Interior. Further, local
administrations reportedly face challenges in generating revenue due to a lack of
information and database of residents, a lack of proper accounting systems, unqualified
tax collectors, and an unwillingness and/or inability to pay taxes on the part of residents.
•
Local council election vetting processes
: Some commentators have suggested that both
party and the National Electoral Commission vetting procedures during the 2002 and
2012 elections were not adequate, resulting in elected officials who lack competence in
office.
128
•
Representation of women and marginalized groups
: Somaliland’s governance structures
are thought to discriminate against women and marginalized groups, such as the Harti
clan and young people. Though there are signs that social norms are changing following
the 2012 local elections, in which the participation of women and youth increased, it is
thought that sustained change to Somaliland culture will be challenging. Women are
often less educated than men and thus less likely to compete for jobs; they also face
widespread discrimination when they attempt to enter public life. A particular issue for
women in elected positions is the pertinent question of “whose” clan they represent:
theirs or their husband’s. Often, women are seen to be full members of neither, and
therefore not able to represent their community.
Actors
Key figures in the local government structure include the following:
•
A regional governor in each of the six regions, appointed by presidential decree.
•
A district executive secretary in each district, appointed by ministerial decree
.
The
position of the district executive secretary is controversial, for according to Article 45 of
Law No. 23 the district executive secretary is an official from the Ministry of Interior.
The presence of an appointed official within the upper echelons of local government
might be seen to undermine the independence of local government institutions,
particularly given that the position wields significant power.
•
A mayor in each district, elected by district council members from their ranks, acts as
the head of the district council.
128
Yusuf, Haroon.
Somaliland Pre-Election Consultation
. Rep. Hargeisa: Somaliland Non-State Actors Forum,
2012. Print.
