The process of selecting Somalia’s representatives to the East African Legislative Assembly (EALA) has been marred by procedural disputes and political tensions, raising questions about compliance with regional rules and the country’s internal governance.
Under the Treaty for the Establishment of the East African Community, member states of the East African Community (EAC) must elect nine representatives to the regional parliament in accordance with Article 50 of the treaty. While EALA members are not directly elected by the public, the selection process must reflect the political composition of each country, accommodate different shades of opinion, ensure gender balance, and represent diverse interest groups.
In established democracies with functioning political parties and human rights institutions, these representatives are elected by national parliaments. However, sitting members of parliament are not eligible for selection.
Each member state is allowed to determine its specific election procedures through a special select committee formed from parliament. The committee is tasked with verifying applicants and ensuring that the process meets the requirements of the treaty. Importantly, the elections must be held within 90 days before the expiry of the mandate of the outgoing regional assembly.
In Somalia, however, controversy began with the formation of the selection body itself. Instead of appointing a special select committee drawn from both houses of parliament as required, authorities relied on a provision allowing member states to design their own procedures and delegated the responsibility to a parliamentary standing committee.
Critics argue this arrangement conflicted with established parliamentary principles. A standing committee is designed to provide oversight of government actions and cannot simultaneously act as a body responsible for selecting representatives, raising concerns about the absence of institutional checks and balances.
Divisions within the standing committee further complicated the process. As disagreements escalated, the Speaker of the National Assembly and his two deputies reportedly assumed the role of the select committee.
The candidates ultimately selected to represent Somalia in EALA were largely individuals considered loyal to the presidency, many of whom previously held senior government positions during the current administration.
While rewarding loyalists is not unusual in politics across the region, observers say the process suggests significant influence from the executive branch, undermining the inclusivity and diversity required under the EAC framework.
Questions have also been raised about the committee’s handling of applications. Instead of merely verifying whether applicants met constitutional and treaty requirements, the committee acted as both the receiver and evaluator of applications and had the authority to reject candidates at the submission stage.
Under normal parliamentary procedures, the clerk of the National Assembly should receive applications from individuals or groups and then forward them to the select committee for verification.
The dispute comes at a politically sensitive time. The mandates of Somalia’s parliament and presidency are due to expire on 14 April 2026 and 15 May 2026 respectively.
The president has been urging lawmakers to amend four chapters of the provisional constitution, including a proposal to extend the presidential mandate by one year—an idea strongly opposed by many members of parliament.
Some lawmakers insist that the final parliamentary sitting should remain scheduled for 28 January 2026, allowing members to travel for holidays and observe Ramadan before beginning their re-election campaigns.
The disagreements have already triggered heated confrontations inside parliament, including physical altercations and public statements from members of the standing committee. The United Nations Transition Assistance Mission in Somalia (UNTMIS) has also expressed concern about the government’s failure to convene a consultative meeting in Mogadishu to reach an electoral understanding.
Analysts say the political tensions surrounding Somalia’s domestic elections may be influencing decisions about the country’s representation in EALA.
There are also concerns about Somalia’s ability to fully participate in EALA activities. The country has reportedly fallen behind in meeting its financial obligations to the regional bloc, largely due to its heavy reliance on donor funding to run government operations.
Given the ongoing disputes, observers say Somalia may need to revisit the selection process to ensure its representatives to the East African Legislative Assembly are chosen through a transparent and credible procedure.
Ensuring compliance with the EAC treaty, they argue, will be critical to maintaining Somalia’s legitimacy and effectiveness within the regional body.
