First and foremost let me start by acknowledging the obvious, Mr. Bashir Goth is one gifted writer who does not shy away from controversial issues and with his keen intellect has proven over the years to get his point across without losing his eloquence or wit, and true to his form he made a very passionate argument in favor of democracy and the right for citizens to engage in lawful acts without fear of retribution from anyone.

Now, who can object to such a clear cut argument where one argues that true democracy means that one should tolerate dissent and divergent views from what is considered main stream? The answer is no one should, except for when the proposed action runs afoul of the constitution and the very existence of the Nation.

Democracy and free speech are not limitless and even in Washington DC where I reside one cannot shout fire in a crowded theatre, nor can anyone establish an organization or party whose sole purpose is to bring about the demise of the United States of America.
Every nation’s first ambition is to safeguard its own survival and sovereignty, and Somaliland is no different, and to that end the first article of the Somaliland Constitution states that:

Article 1: The State of the Republic of Somaliland

1. The country which gained its independence from the United Kingdom of Great Britain and Northern Ireland on 26th June 1960 [7]and was known as the Somaliland Protectorate and which joined Somalia on 1st July 1960 so as to form the Somali Republic and then regained its independence by the Declaration of the Conference of the Somaliland communities held in Burao between 27th April 1991 and 15th May 1991 shall hereby and in accordance with this Constitution become a sovereign and independent country known as “The Republic of Somaliland”.
The First article announces to the rest of the world that “We” the people of Somaliland are standing proud once again among the free nations of the world. The Constitution further delineates not only the time but where in the world this nation is located in article two.

Article 2: The Territory of the Republic of Somaliland
1. The territory of the Republic of Somaliland covers the same area as that of the former Somaliland Protectorate[8] and is located between Latitude 8’ to 11’ 30’ north of the equator and Longitude 42’ 45 to 49’ East; and consists of the land, islands, and territorial waters[9], above and below the surface, the airspace and the continental shelf.

There are fundamental rights given to the citizens to express their political views and form associations of any kind provided they are peaceful and do not run contrary to the laws of the land, for instance even though free market economy is guaranteed under the law, one cannot establish a brothel, because it runs contrary to the values system of the people.
It is difficult to argue on one hand to be for the sovereignty of the nation and on the other make a passionate argument to bring about potentially the conditions that may precipitate the downfall of the very thing one professes to be for. But just for argument sake let’s say that such an entity came to political scene, and it garnished enough support from the people to be seen as a viable alternative to the existing parties by a number of supporters.

How does one get around the Constitution and make this entity legal? One can say that laws are written by people and not God, therefore one can amend the laws to allow this expanded version to take hold. Of course one need to remember that this Constitution was not dropped by the Heavens but was adopted by the people with a 97% approval rate, and even though it allows amendments, it also limits what can be amended.

Article 127: The Limits of Amendments or Corrections of the Constitution
 No proposal to amend or correct the Constitution shall be made if it includes a provision which is in conflict with the:
a)   Principles of Islamic Sharia.
b)  Unity of the country(territorial integrity).
c)   Democratic principles and the multi-party system.
d)  Fundamental rights and individual freedoms.

Unity of the country (127b) and the democratic principles of the multi-party system (127c) are both articles that cannot be amended. I am not a lawyer by trade but my interpretation is that the political system is free to engage the masses as long as it does not challenge the very existence of the nation. Ultimately this is a Constitutional question, not a political one, and if one is supportive of changing the Constitution, not just amending it (since the article in question is not amendable), one should engage in making that argument and hope to pass a new Constitution with more than 97% approval rate.

Bad actors are not those who oppose unionist, but those who insist on the idea of unification despite popular sentiment and laws clearly rejecting such notions. As demonstrated earlier in the last election, change is possible in Somaliland, as long as one invests time and the resources necessary to bring it to fruition.

The Somaliland Constitution is not a perfect document, and there are articles in it that should be amended, the right for Somaliland to exist is not one of them.

Mahdi Gabose.
gabose@gmail.com