Letter from the European Commission

Friday, 22 February 2008

President of the European Commission José Manuel Barossa In a letter addressed to the president of the European Liberal Democratic and Reform Party Ms Annemie Neyts-Uyttebroeck, the President of the European Commission José Manuel Barossa confirmes that the EC Envoy for Somalia has directly engaged with the Somaliland authorieties on the issue of political associations being permitted to participate freely and, more generally, on the democratization process which should lead to presidential and local elections in 2008., to be supported, inter alia. by the European Commission. Brussels 08.02.2008 Ms. Annemie Neyts-Uyttebroeck , MEP President European Liberal, Democratic and Reform party, aisbl 31, Rue Montoyor, 1000 Brussells Dear President, thank you for your letter on 27 November, 2007. I am likewise concerned the recent the recent development in Somaliland, including the arrests last summer of three leaders of Somaliland's QARAN'S political party and increasing tension with Puntland over the town of Lasanood. I wish to reassure you that the EU has made a public statements under the Portugese President. Voicing its concern about the evolving situation in Somaliland and calling for restraint and space for dialogue and reconciliation. Furthermore, the EC Special Envoy for Somalia has directly engaged with the Somaliland authorieties on the issue of political associations being permitted to participate freely and, more generally, on the democratization process which should lead to presidential and local elections in 2008., to be supported, inter alia. by the European Commission. The EU remains committed to maintaining concerted pressure on Somaliland government to address the ban on formation of political associations, release political prisoners, and participate in a good faith in a consensual process on the issue of the electoral time frame and voter registration and it encourages and supports the new National Electoral Commission (NEC) to take a leading role in this process. We are pleased, in this regard, that political detained were released in December. Yours sincerely, José Manuel Barossa

Source: Qaran

Lord Avebury strong letter of support to Qaran's case.

Saturday, 08 March 2008

Lord Avebury responds to Dr. Gabose's letter and continues to press Lord Malloch-Brown KCMG, Foreign & Commonwealth Office to impress upon the Somaliland administration to allow free and fair elections in Somaliland. He makes one of his strongest arguments yet why Qaran should participate in the coming elections.

From Lord Avebury P0807033

020-7274 4617
March 7, 2008

Dear Mark,

Further to our correspondence about the treatment of the Qaran Political Association in Somaliland, I attach a memorandum which has been emailed to me from Dr Mohamed A Gabose, Chairman of the QPA, about the continuing restrictions on their activities.

I share Dr Gabose’s concerns as you know, and whilst I have always been a staunch friend of Somaliland and an advocate of their right to self-determination, I hope we and the European Commission are doing our utmost to persuade President Rayaale to find ways of allowing the QPA and others to participate in the local elections. If the QPA have a sizeable following it would be unfortunate to put it mildly if those people are disenfranchised. If on the other hand they represent only a handful of electors, it would be no skin off the noses of the three establishment parties if they are allowed to put up candidates.

The Rt Hon the Lord Malloch-Brown KCMG,
Foreign & Commonwealth Office,
London SW1A 2AH

Letter from Qaran's Chairman Dr. Gabose

Thursday, 06 March 2008

Qaran’s case
Hargeisa, March/06/2008

Somaliland’s democracy is based on the multiparty system(see article 9/1 of the Somaliland Constitution) it is on this basis that the next election is scheduled to take place at the municipal level on July 7, 2008 and the presidential election on Aug. 31, 2008.

We (Qaran Political Association) believe that we stand on strong legal ground when we assert that we have every right to participate in the coming local election, and if successful at that level, we also are aiming to contest in the presidential one as well. Our argument is not based on fancy legal footwork, nor do we seek to establish a new paradigm, what we are asking for, and in effect demanding, is to have the same chance and to have access to the same process the current existing parties went through when they qualified to become the three (3) national parties.

Replenishing our democracy with regular elections where the people have a real chance to choose among new and old ideas can only improve the chances of this young democracy to take roots in Somaliland. Allowing a larger participatory base (instead of just three parties) is also conducive to maintaining stability and curbs inevitable resentments generated when a given group is excluded from the process.

Unfortunately the current administration has chosen a different path, this path is one in which the rule of law and due process have taken a distinctive lesser role and are trumped by totalitarian tendencies disguised as a democratic exercise. Illegal detentions and draconian judgments issued by discredited courts have been deployed against us in order to keep us from exercising our most basic fundamental citizen rights, and that is to vote, or to be voted into office.

For all practical purposes this government has rendered us non citizens when it stripped from us our right to vote or to be voted into office. To add insult to injury, this action goes squarely against the Somaliland Constitution which guarantees the right to vote as a fundamental right that cannot be amended by any branch of government (Legislative, Judiciary, and Executive), see articles 22/2, 127/d and 130/5.

In addition the Somaliland administration is adamantly opposed to opening up the registration process for new political association, and entertaining the notion that the difficulty lies in time constraints instead of a stubborn president who steadfastly refuses to open a single registration office where new political entities can submit their papers is a false choice, and is one the EU and US donor nations should be wary of.

The solution does not lie in compelling us (Qaran) to join the existing three parties, if we felt they represented our ideals and values we would have done so without the hardship of detentions and all subsequent insults and harassments. For us, this is a matter of principle, the democratic principle which should be defended and safeguarded from the impulse of reaching and expedient solution which could result in depriving us of our most fundamental right.

Opening up the process not just for Qaran, but to all qualified contesters is not just the right thing to do, but will be an essential component in holding a peaceful and inclusive election in the country. Allowing parties in power to develop strategic chock holds that deny the rest of the population the true choice of democracy will foster discontent and may lead us to the path of unintended consequences.

We continue to be impressed by the strong support and special attention given to our case by the international community and are thankful for the opportunity provided to us by the Undersecretary for African Affairs Dr. Frazer on her recent visit to Hargeisa when she included us into her busy agenda and gave us a chance to make our case.

The EU has been equally forceful in delivering a strong message to the Somaliland administration as the letter from the EU president Mr. Jose Barroso to Annemie Neyts-Uyttebroeck the president of ELDR indicates where he points out that:

“The EC Special Envoy for Somalia has directly engaged with the Somaliland authorities on the issue of political associations being permitted to participate freely and, more generally, on the democratization process which should lead to Presidential and local elections in 2008, to be supported, inter alia, by the European Commission.
The EU remains committed to maintaining concerted pressure on the Somaliland government to address the ban on the formation of political association”

We remain committed to continue our struggle and redouble our efforts to bring about the change we seek peacefully and with deliberate care, and we hope all who value the democratic process, honest debate and the exchange of ideas in the political market place will stand with us.

As the famous slave abolitionary figure Fredrick Douglas once said “Power concedes nothing without demand”. This statement was true then and remains so today.
We are engaged in a good fight and we aim to stand firm on the solid grounds of democracy, legality and liberty.

It is our fervent hope that you will stand with us.

Dr. Mohamed A.Gabose
Chairman of
Qaran Political Association

Assistant Secretary of State for African Affairs Frazer, and special envoy Yates meet with Qaran .

Sunday, 03 February 2008

Ambassador Frazer

(qaransomaliland.com)- Hargeysa
In a surprise visit to Somaliland a high US delegation led by Assistant Secretary Jendayi Frazer and Special Envoy to Somalia Ambassador Yohn M Yates met with president Rayale, the opposition Parties and Qaran leaders separetely.The meeting was held in neutral grounds at Hotel Ambassador.

The opposition parties met with the delegation first, followed by the chairman of Qaran Dr. Gabose, and the president was seen last. The meeting was set in such a format to put everyone present on an equal footing.

Dr. Gabose and his associates presented papers to the US delegation which in addition to Dr. Frazer and Ambassador Yates also included Nole Garey, Somalia/Djibouti Desk Officer. The US delegation was well informed about the difficulties facing Qaran and showed great interest and simpathy as Dr Gabose pointed out to them the lack tollerance for difference of political views shown by this Somaliland administration and its inabilty to engage in a constructive dialogue without resorting to illigal dentantions, constant threats and intimidations to those entities that dare challenge its positon.

Somalia Special Envoy Ambassador Yates

The timing of the US delegation visit coincided with the Somaliland Parliament's response to Qaran' s request to address the political impass between them and the administration. In a letter released to the press yesterday from the Parliament signed by deputy Speaker Mr Abdiassis "Samaale" the Somaliland Parliament is for the first time on the record when it comes to the issue of Qaran's political standing and the validity of law N.14.

The letter which was also hand delivered to the US delegation by Dr Gabose addressed three subjects:

1. It expressed deep sorrow on the injustices and what the Parliament sees as violations of their rights as citizens on their illigal detention and offerd words of encoragements while praising their patience.
2. It reaffirmed the Constitution and declared that no branch of the government has the authority to strip citizens of their fundamental rights (in this case the right to vote and to be voted into office).
3. It validated the legality of Law N.14 wich is the law used in the previous presidential elections and declared it to be the only election law in existance until a new law is passed to replace it.

Equal time was given to each party and the US delegation departed within hours after arriving in Hargeysa this morning.

qaransomaliland.com Hargeysa.

Jendayi Frazer Visits Somaliland

Jendayi Frazer on arrival at Hargeysa airport received by top Somaliland ministers

Hargeysa, Somaliland, 3 February 2008 (SL Times) - U.S. Assistant Secretary for African Affairs Jendayi Frazer flew in to Egal international Hargeysa airport with the Special Envoy for Somalia, John M. Yates, for a one day brief visit. This is the highest US ranking diplomat to visit the republic since its independence declaration in 1991.

The US delegation was met at the airport by Somaliland’s Foreign minister Abdillahi M. Duale, the Interior minister Abdillahi Ismail Ali, the minister of Aviation Ali M Waranade and other Somaliland top officials.

U.S. Assistant Secretary for African Affairs, Miss Jendayi Frazer

Miss Jendayi Frazer briefly spoke to the media at VIP lounge and was asked the purpose of her visit to Hargeysa.

“Our visit to Somaliland is in connection and follow-up to President Dahir Rayale Kahin’s recent, visit, to Washington and on top of that to continue to work with the Somaliland authorities in the issues concerning peace, stability and security of the region. Our visit is also an acknowledgement of the democratic progress made by Somaliland,” said Jendayi Frazer

In addition, the U.S. Assistant Secretary said that "the US, assisted Somaliland in past elections and will continue to do so in the coming elections. We are here, today, to show our support for this and to mark the friendship and cooperation existing between the two countries.”

Speaking to the local media at Egal international airport VIP lounge, Jendayi Frazer commented on the issue of recognition: “we have said on many occasions that the US will continue to work with Somaliland, in particular, in the strong democratic values which Somaliland has succeeded in implementing and that we believe the issue of recognition should be left with the AU. We will work with the AU and will respect whatever decision it makes on Somaliland’s status.”

The US delegation left the airport for Ambassador Hotel and held talks with President Dahir Rayale Kahin and the opposition political parties.

Jendayi Frazer met with President Rayale and top government officials behind closed doors. She also met Kulmiye, Ucid and Udub political party heads in private.

The US delegation also talked to the leaders of the unregistered political party ‘Qaran’ at the Ambassador Hotel.

Jendayi Frazer’s discussions with the president, government officials and political parties concerned issues relating to strengthening US and Somaliland ties and strenghthening cooperation of the two countries and discussed in detail the republic's up and coming general elections, scheduled to take place in six months time.

After a brief 4hr visit to Somaliland, Jendayi Frazer and her delegation flew back to Addis Ababa from Egal international airport.

Source: Somaliland Times

http://www.somalilandtimes.net/sl/2008/315/71.shtml

Visit of Somaliland Delegation

Press Statement
Sean McCormack, Spokesman
Washington , DC
January 20, 2008

Visit of Somaliland Delegation

A high-level delegation from Somaliland, led by President Dahir Kahin Rayale, departed Washington January 19 after an eight-day visit. While here, the delegation met with senior officials of the State Department, U.S. Agency for International Development, Department of Defense, and National Security Council staff, among others. This cordial and constructive visit demonstrated U.S. engagement with Somaliland in furtherance of our common interests in the areas of regional peace and security, economic development, and democratic reform.

2008/041

Released on January 20, 2008

http://www.state.gov/r/pa/prs/ps/2008/jan/99508.htm

Source: US State Department

http://www.somalilandtimes.net/sl/2008/314/027.shtml

Top US envoy for Africa meets Somaliland leader

Somaliland : US Divided Over Existing Policy

President Rayale and Assistant Secretary of State for African Affairs Jendayi Frazer

Washington DC, January 19, 2008 (SL Times) – While a recent meeting confirms internal policy divisions within Washington, it highlights Somaliland’s notable democratic credentials.

Below is an article published by Agence France-Presse:

The top US diplomat for Africa has met with the president of Somaliland, but the talks do not mean Washington is ready to recognize the Republic of Somaliland, US officials said Thursday [18 January 2008].

US Assistant Secretary of State for African Affairs Jendayi Frazer had lunch with Somaliland president Dahir Rayale Kahin at the State Department on Monday [14 January 2008], a US diplomat said on condition of anonymity.

But State Department spokesman Sean McCormack stressed that the meeting did not imply US recognition of the northwestern coast region, which split from Somalia in 1991.

"There's no change in our policy position vis-a-vis recognition of Somaliland. We are not on the verge of recognizing Somaliland," McCormack told reporters.

"There is a process under way that the AU (African Union) is engaged in and we are going to be watching very closely that situation, but there's no change in our policy," he said.

McCormack said the meeting is part of Washington's policy of speaking with key players in Somalia in order to build democracy in the east African country, which has been plagued by civil unrest since the 1991 ouster of dictator Mohamed Siyad Barre.

"We think it's important to have as many political contacts as we can with responsible individuals in Somalia who have an interest in building up the democratic structures and institutions of Somalia and trying to take it from where it is to a much more hopeful future," he said.

"Certainly, Jendayi's meetings ... fall solidly in that category and it's a policy that we are going to continue to pursue," he said.

"We have interest in fighting terrorism in Somalia, as well as in the Horn of Africa. ... Anybody who has an interest in a more peaceful and democratic Somalia has a role to play in this process."

A former British protectorate, Somaliland united with the Italian Somalia in 1960. But the region unilaterally broke away five months after Barre was ousted in 1991.

The Washington Post reported last month that US officials were debating whether to shift US support from the fragile Somali government to the less volatile region of Somaliland.

But State Department officials oppose such a move, putting them at odds with Defense Department officials who say that forging ties with Somaliland could help bring stability to the region, the Post said.

The Somaliland leader also had Washington meetings this week with officials from White House National Security Council, the Defense Department, and the U.S. Agency for International Development.

His late predecessor as Somaliland president, Muhammad Ibrahim Egal, had a similar round of Washington meetings in 1999

The region of 3.5 million people, which adopted a provisional constitution in 1997 and ratified it four years later, boasts its own president, government, parliament, police force, penal code and currency.

Source: Agence France-Presse

http://www.somalilandtimes.net/sl/2008/313/027.shtml

Mass Rallies in Somaliland Call for Granting International Recognition To Somaliland

Thursday's nationwide mass rally at independence park, Hargeysa (image: above & below)

Hargeysa, Somaliland, January 19, 2008 (SL Times) – The biggest nationwide mass public rally for the independence and world recognition of Somaliland took place Thursday. It was jointly organized by the government and opposition parties and occurred simultaneously throughout Somaliland’s towns and regions.

Tens of thousands of Somalilanders, young and old, took to the streets in major towns and cities in order to show their support for Somaliland’s independence and call on the world to recognise their country as a sovereign state.

The biggest single rally took place in Hargeysa’s Independence Park. The vice–president, Ahmed Yusuf Yassin, opposition leaders, government officials, traditional leaders and civil society addressed the large crowds who turned out to endorse their full support of Somaliland’s independence. The large crowds carried an array of placards and banners, some stating “Full Recognition For Somaliland” and “How Much Longer Will We Be Denied To Exist?”

For the first time in many years, government and regional authorities in Las Anod, the capital of Sool region, organised and participated in a pro-Somaliland public rally in the town’s centre where prominent government officials and traditional elders addressed the enthusiastic crowds. Unfortunately, soon after the rally ended and the participants left, a small group opposed to Somaliland took to the streets and began to display Somalia’s flag. The local police tried to disperse the group. According to Las Anod authorities, one man was seriously injured and a woman sustained a minor injury in the ensuing confrontation.

The rallies in the rest of the country went peacefully and without any incidents.

Last week, the government had designated 17 January 2008 (Thursday) a public holiday and a day for nationwide public rallies to remind the world of Somaliland’s urgent need of international recognition.

Hargeysa

Hargeysa

Berbera town, Sahil region

Buroa town, Togdheer region

Buroa town, Togdheer region

Las Anod town, Sool region

Las Anod town, Sool region

Alebadey town, Hargeysa region

Oodweyne town, Togdheer region

Oodweyne town, Togdheer region

Source: Somaliland Times

http://www.somalilandtimes.net/sl/2008/313/1.shtml

Somaliland: UK Reiterates Cooperation

UK minister for Africa Lord Malloch-Brown

London, UK, January 16, 2008 – Following President Kahin’s visit to Britain, the Foreign & Commonwealth Office have reiterated their support for the advances made by the Somaliland authorities.

Press release published by the British Foreign & Commonwealth Office:

During his visit to the UK, the Leader of the Somaliland Authorities, His Excellency Dahir Rayale Kahin had talks with the Minister for Africa, Lord Malloch-Brown on the 8th January [2008]. They discussed the situation in Somalia and areas of mutual cooperation between the UK government and the Somaliland Authorities. He was accompanied by the Somaliland Foreign Minister, Abdillahi Mohamed Duale, and other Ministers. Mr Rayale also met officials of the Border and Immigration Agency of the Home Office and the All Party Parliamentary Group for Somaliland during his visit.

The Prime Minister welcomed the visitors during Prime Ministers Question Time in Parliament on 9th January [2008].

The government and Somaliland Authorities stressed their commitment to promoting peace, stability and democratic governance in the Horn of Africa, so that the humanitarian and developmental needs of the region's people can be addressed. The two sides agreed to stay in close contact and to continue their cooperation in order to advance these commitments and help build on the progress made in Somaliland in recent years.

Source: Foreign & Commonwealth Office

http://www.somalilandtimes.net/sl/2008/313/3.shtml

President of Somaliland is welcomed to Parliament

09 Jan 2008
Kerry met today in Parliament with a delegation from Somaliland, including the President and a number of Ministers. The delegation also met with Lord Malloch Brown (Minister for Africa) and Baroness Vadera (Minister for International Development), met with the All-Party Group on Somaliland, and were present in the Chamber for the Prime Minister's Questions.

At PMQs the Rt Hon Alun Michael MP, who is chair of the APPG on Somaliland, had the opportunity to ask the Prime Minister about the prospects for Somaliland:

Alun Michael (Cardiff, South and Penarth) (Lab/Co-op): You are aware, Mr. Speaker, that the President of Somaliland and members of his Cabinet are visiting Parliament at present. Will my right hon. Friend the Prime Minister join me in congratulating Somaliland on the way in which it has worked over the past 18 years, very quietly, through local government elections, parliamentary elections and presidential elections? When the people of the south have no real government and are still in a state of chaos, does not that record command respect from the international community?

The Prime Minister: I agree with my right hon. Friend, who is a friend of that country. I welcome the visitors to this country, and we will do everything that we can not only to help with international development for the countries with which we are associated, but to help to build the institutions of democracy.

Source: http://www.kerrymccarthymp.org/news.aspx?i_PageID=109296

Gordon Brown sets a good example for US/Somaliland relations

EDITORIAL

Early this week, a member of the British parliament, Alun Michael, asked Prime Minister Gordon Brown a question about Somaliland. The way the Prime Minister tackled the question indicated that the prime minister was well briefed and knowledgeable about Somaliland (for a transcript of the exchange between Alun Michael and the prime minister

[click http://www.kerrymccarthymp.org/news.aspx?i_PageID=109296]

If we break the prime minister’s reply into its components, the following points stand out:

- The prime minister referred to Somaliland as a country.

- The prime minister agreed with Alun Michael’s suggestion that Somaliland deserves respect from the international community.

- The prime minister was aware of the presence of President Rayale in the British parliament.

- The prime minister welcomed the president of Somaliland and his delegation to the United Kingdom.

- The prime minister included Somaliland in the list of countries with which the United Kingdom is associated.

No doubt, the prime minister’s statement is a strong endorsement of Somaliland’s achievements as a peaceful oasis in a dangerous part of the world. But given the several incidents of human rights violations that took place in Somaliland last year, it would not be far fetched to say the Prime Minister’s reply also contained an implicit message to the Somaliland government to desist from such actions if it wants to be welcomed into the international community.

Since President Rayale is now in the United States for the next leg of his journey, and the United States has a bigger stake in Somaliland than Britain, Somalilanders expect, and with justification, that the US’s welcoming of Somaliland’s presidential delegation and its overall commitment to assisting Somaliland will surpass that of Gordon Brown. Will the US follow Gordon Brown’s example or will it drop the ball? Let’s see what happens

Source: Somaliland Times

Lord Malloch- Brown follow up letter

Monday, 11 February 2008

Lord Malloch- Brown follow up letter to Lord Avebury discussing issues raised by his office to president Rayale and his delegation during their visit in London.

Concerns over human rights and the arrest and detention of members of the Qaran association were raised and it was pointed out to the president that donors will continue to invest in Somaliland, including support for elections, on the basis of progress on democratization being maintained.

"We will continue to work with the Somaliland Authorities to encourage and support progress and will continue to urge them to meet the responsibilities of government that they claim and wish to see recognized".

Lord Malloch-Brown.....

Foreign & Commonwealth Office

London SWIA 2AH

From the Minister of State.

Your reference: P0726124 and P0702112

Our Reference: 54277

The Rt. Hon. Lord Avebury

House of Lords

London

SWIA OPW

Dear Sir,

Thank you for your letter of 2 November and 26 December about ShuroNet and the arrest and detention of three Qaran politicians and their recent release.

Whilst I recognize the good progress that Somaliland authorities have made on democracy and stability, further improvements are needed. I am particularly concerned that the Somaliland Authorities make all efforts during the period prior to the July and August 2008 elections to ensure democracy and human rights are upheld. I met Somaliland Leaders, including Mr. Dahir Rayale Kahin at the Foreign and Commonwealth office on 8 January , when I raised my concerns over human rights and the arrest and detention of members of the Qaran association. I emphasized that donors will continue to invest in Somaliland, including support for elections, on the basis of progress on democratization being maintained. I understand that the all Party Parliamentary Group for Somaliland also held meetings with Mr. Rayale and his party on 9 January and hope that you were also able to raise these issues with him directly. I will continue to follow the situation in Somaliland closely, as will my colleagues in the Department of International Development and our European partners. We will continue to work with the Somaliland Authorities to encourage and support progress and will continue to urge them to meet the responsibilities of government that they claim and wish to see recognized.

The Rt. Hon. Lord Malloch –Brown

Minister of State.

Lord Avebury strong letter of support to Qaran's case.

(qaransomaliland.com) London---January 7, 2007

Dear Lord Malloch-Brown,

I gather you’re seeing President Riyaale tomorrow, and I hope you will raise with him the matters covered in my letters of November 2 and December 26, copies attached for ease of reference. There has been no sign of change in the situation of the Qaran leaders, and there ought to be no EU election funding unless they ate able to participate in the elections.

There is news of a Press Law which has been submitted to Parliament, and you will no doubt ask for details. In December, Somaliland expelled 24 journalists living in Hargeisa having fled from Mogadishu, apparently for writing critically about the Ethiopian occupation forces. From what I hear, the Press Law may contain further restrictions on the right of freedom of expression, which are not compatible with the ICCPR.

The government are also proposing a Human Rights Commission Law, which doesn’t guarantee the independence and impartiality of the Commission. The coup d’état at Shuro-Net by the existing Commission, which I drew to your attention previously, doesn’t inspire confidence in the government’s intentions.

Finally, will you please raise the principle of the separation of the judiciary from the executive. Under the existing constitution the President appoints the Chief Justice, and I think Riyaale has been through 3 so far.

I’m copying this to Baroness Vadeera, who I gather is also seeing President Riyaale.




The Rt Hon the Lord Malloch-Brown,
Foreign & Commonwealth Office,
London SW1A 2AH
MSU.correspondence@fco.gov.uk

MP Alun Michael Pops The Question In 'Prime Minster's Question Time'

Somaliland Presidential delegation with MP Cathy Mcarthy and Alun Michael at Westminster Parliament

Westminster, London, 12 January 2008 (SL Times) - During Prime minister question time at the UK parliament Wednesday, Labour Member of Parliament Alun Michael had put the following question to Gordon Brown in one of Westminster's famed democratic session debate rituals 'Prime Minister's Question Time' regarding Somaliland and Rayale’s visit to Britain and the house:

You are aware, Mr. Speaker, that the President of Somaliland and members of his Cabinet are visiting Parliament at present. Will my right hon. Friend the Prime Minister join me in congratulating Somaliland on the way in which it has worked over the past 18 years, very quietly, through local government elections, parliamentary elections and presidential elections? When the people of the south have no real government and are still in a state of chaos, does not that record command respect from the international community?

Gordon Brown (Prime Minister): “I agree with my right hon. Friend, who is a friend of that country. I welcome the visitors to this country, and we will do everything that we can not only to help with international development for the countries with which we are associated, but to help to build the institutions of democracy.”

Source: Somaliland Times
http://www.somalilandtimes.net/sl/2008/312/3.shtml

Somaliland Government Proposes New ‘Press Law’ To Gag the Free Press & Take its assets.

PRESS RELEASE

16 November 2007

A Joint-Press Statement issued by Somaliland’s leading independent newspapers: Jamhuuriya, Ogaal, Haatuf, Geeska Africa and Saxansaxo

Somaliland government recently submitted a new ‘Press Law’ for the lower house of parliament to legislate into law. The new ‘Press Law’ contains desperate measures by the government to get rid of the independent media, in particular, the independent and privately owned newspapers in circulation.

We, having read the government’s new ‘Press Law’, compiled of 120 articles, and studied the implications in the objectives it underlines in determining the affairs of the country’s media, and in particular, the independent and privately owned newspapers, we see this new ‘press law’ as detrimental to the country’s independent media and the civil liberties that come with exercising the rights to free speech. We find that;

• The new ‘press law’ was devised and intended solely for the privately owned independent print media and their commercial printers. The new ‘press law’ gives the government the power and authority to shutdown the privately owned independent newspapers and the business operations of the commercial printers who provide them [newspapers] printing services. It is evident that these articles specifically relate to the independent media and not to the government-run, opposition, and NGO media.

• The new ‘press law’ does not mention in any place or make reference to the current functioning Somaliland press law which for years has been the sole legal source for the country’s governing media laws which was endorsed by parliament and the president.

• This new ‘press law’ without doubt contravenes ‘article 32’ of the constitution which explicitly describes the sanctity of the freedom of the independent media and the citizen’s rights to freedom of expression. As result, this new ‘press law’ is in blatant breach of ‘article 32’ of the constitution.

• This new ‘press law’ establishes that the minister of information has the authority and power to temporarily suspend, shut down, confiscate and appropriate the assets of the independent newspapers and the printing facilities and operations of their commercial printers. Moreover, this new ‘press law’ gives the minister of information the power to intervene in a newspaper’s financial operations, internal management and control output material of its production/operations [censorship]. For instance, the new ‘press law’ dictates that paper boys/girls cannot sell newspapers without a valid permit issued from the ministry of information and only then, can they, sell newspapers to the general public. Elsewhere, the new ‘press law’ goes on to state that newspaper reader’s opinion and ‘letters to the editor’ cannot be published without the prior consent and acknowledgement of the ministry of information [censorship]. The same goes for newspaper advertisements; in that the ministry must be informed of all advertisements placed with newspapers and cannot be published without its consent.

• The new ‘press law’ delegates authority to the ministry of finance to control, investigate and closedown the business operations of the independent newspapers.

• The new ‘press law’ categorically prohibits independent newspapers from receiving private funds, public contributions and NGO fund-grants from inside and outside the country. It even goes to the extent of forbidding newspapers from receiving public contributions to pay off legal court fines. This goes against the constitutional article which declares that ‘the independent media should have access to funds and resources that enables it to acquire necessary measures and competence in generating income.

• The new ‘press law’ declares that journalists working for local and international news agencies cannot travel to another region in the country to cover a story without applying for a travel permit from the minister of information, and that the minister has the right to withhold such permit requested by local or foreign journalists in the country.

• The new ‘press law’ states that all journalists, local and international, must have a registration card ‘journalist permit’ issued by the ministry of information to work in Somaliland as a journalist, and that the ministry has the right to cancel the permit without giving any reason/advance notice to local or foreign journalists working in the country.

• The new ‘press law’ violates the country’s established ‘judicial statutory laws of the land’ and has classified the legal code of law and rules governing the media as under the provisions of the criminal “penal” courts of the country. This is in blatant disregard to the current press law which stipulates that the media is answerable for its actions in the civil law suit courts of the country.

• The new ‘press law’ dictates that commercial printers who print newspapers for the independent media will be held responsible for the content material published by newspapers which contravene the articles in this press law. This is intended to scare commercial printers from printing independent newspapers.

• The new ‘press law’, furthermore, prohibits the media from publishing general public social and economic hardships or issues, like inflation, corruption, unemployment, bad governance, injustice, oppression, usurpation of government office for private interests.

Pre-conclusion

We, the independent and privately owned newspapers of Somaliland and the independent media outlets of Somaliland agree that the government’s new ‘press law’ is devised to silence the independent media and intended to annihilate the independence of the free media and do away with the opportunities and articles enshrined in the constitution which gives the citizens of this country the rights to express their opinions and freewill.

We strongly believe that this new ‘press law’ developed by the government is the ‘final nail in the coffin’ for the independent media, in particular, the free press (newspapers) which we will never see again in the country, if this new ‘press law’ gets the go ahead. As it is, the free press operating in the country have to constantly face and endure daily persistent threats, intimidation, imprisonment and violations to their freedom of expression and human rights when carrying out their duty and profession.

We see the government’s new ‘press law’ as having a direct link to past government actions which blatantly violated the lawful and constitutional rights of the citizens. This law reminds us of previous incidents in which citizens rights were violated by the government, incidents such as:

- when the government broke into the offices of Haatuf newspaper and arrested its journalists without a legal court warrant early in the year and imprisoned the journalists according to criminal charges brought under the old Somali Republic’s 1960’s ‘Criminal Penal Code’ and replaced the current and valid ‘press law’ which stipulates all media legal matters be settled in ‘civil courts’;

- when, the government unlawfully broke into the compound and offices of the election commission and took charge of the commission, forcing the commissioners out of office;.

- when the government illegally installed its own appointees over the legitimate board of directors of the human rights umbrella group, Shuronet;

- and also, the government’s recent unlawful detention and imprisonment of the Qaran leaders.

The implications of the government’s new ‘press law’ is not limited to just the independent media in the country, but is the first, of worse things to come, which the government of Dahir Rayale Kahin has in store for the people of this nation, that is, paving the road to an authoritarian dictatorship. This will be the end of the democratic and multiparty system of Somaliland which so many have died and sacrificed their loved ones, wealth and wellbeing for.

Conclusion

For these and many more reasons, we urge the lower house of parliament to out-rightly reject the government’s new ‘press law’ and preserve their self-respect by even not entertaining its debate and house deliberation.

We urge the general public in Somaliland, the opposition political parties, human rights groups and media (NGO) organisations, whether local or international, to oppose and campaign against this ‘self-defeating’ and ‘self-destructing’ new ‘press law’ of the government which will be a catastrophic blow to the independent media of the country and the freedom of expression enshrined in Somaliland’s democratic system of government and institutions.

Signed by:

1- Faysal Ali Sheekh - Chairman Jamhuuriya

2- Ali Abdi Diini - Editor Haatuf

3- Muuse Faarah Jaambiir - Chairman Ogaal

4- Mahamed Huseen (Rambo) - Editor Geeska Africa

5- Abdillahi Mahamed Daahir (Cukuse) - Chairman Saxansaxo

Source: Somaliland Times

http://somalilandtimes.net/sl/2007/304/3.shtml
http://somalilandpresslaw.blogspot.com

The New Somaliland Press & Publications Bill 2007

EDITORIAL:
Thursday, 10 January 2008


The Somaliland Government has recently sent to the House of Representatives a new Bill on press and publications. The provisions of this bill (based almost entirely on the Yemen Law No: 25 of 1990 on the Press & Publications) run contrary to international norms relating to freedom of expression and the independence of the press and are not in line with the Somaliland constitution.

The considerable powers given to the Minister of Information (and other ministers) include even deciding on appeals from anyone whose writings have been turned down for publication by a newspaper's editor (Article 46). These ministerial powers over the press and publishers/printers/distributers etc, the compulsory registration of all press and publication activities, including the practice of the profession of journalism, and the extensive criminal sanctions which add to the existing array of criminal offences in the 1962 Somali Penal Code contrast sharply with the current Somaliland Press Law (2004), which contains no criminal sanctions and is based on codes of conduct. Unfortunately the Somaliland Government has repeatedly made clear its dissatisfaction with the current press Law and has used the Penal Code and extra-judicial powers to detain and imprison journalists. It is no surprise, therefore, that the Somaliland Government is not putting forward amendments of the current Press Law, but is now proposing its wholesale replacement by this new Bill which introduces considerable criminal sanctions, such as fines and imprisonment (Article 99) for the infringement of its numerous provisions, as well as prohibition of continued practice of journalism or publication or even circulation of printed materials; confiscation of property, including printing presses (Article 101) and seizure of printed materials (Article 102).

In a well publicised recent interview (on VOA, Somali Service, on 26/12/2007), President Rayaale denied that there is any "proper law" currently dealing with the Press and described the Press Law (which he signed into Law in 2004) as one "written by them (?) And which is in conflict with the constitution and the laws". He added that if a law does not include punishment or criminal sanctions ( ciqaab), "it cannot be law" and opined that a "law is one which lays down punishment". Referring to this new Bill that the Government has now sent to the parliament, he said they borrowed it "from the developed world" and added that one should follow the example of "what works in advanced countries".



This disapproval of the current Press Law was underlined by the Supreme Court's ruling last year which, incorrectly, in our view, described the law as subordinate "regulations" ( xeer-nidaamiye). Without considering whether some of the old criminal sanctions in the 1962 Penal Code survived the provisions of the Somaliland Constitution or the Press Law, the Court upheld the convictions of journalists for, among other Penal Code offences, the crime of insulting the President and blaming him for the actions of his government (Article 220 – a replica of Articles 278 & 279 of the 1930 Italian Penal Code).



There is nothing wrong with borrowing laws that work, but, in this area of freedom of the press, the Somaliland Government's choice of countries to emulate has not led it to turn to places that can be considered as models of good practice. The bill which pre-dated the 2004 Somaliland Press Law was initially based, word for word, on the Ethiopian Press Proclamation No. 34/1992, which had been very widely criticised. And now, despite public statements by the Government that this new Bill was proposed by experts in media law, it is, in reality, a wholesale re-production of the 1990 Yemeni Law, with amendments which increased the criminal sanctions. It has been reported that even Yemen is considering repealing this law, and organisations, like Article 19, have already criticised the provisions of the Yemeni law.



Somalilandlaw.com urges the House of Representatives to reject this Bill completely. Somaliandlaw.com recommends, instead, that:

* improvements of the current Press Law be made, in consultation with the media and the civil society;
* the self regulation of the press be strengthened;
* a modern civil law dealing with issues of libel be adopted;
* all the numerous criminal sanctions in the (1930s based) Somali Penal Code affecting the press be repealed;
* registration of press activities beyond that which is necessary for all businesses be abolished;
* separate broadcasting laws, including one which will make publicly owned broadcasting independent of the government be introduced; and
* measures to entrench freedom of information and expression should be introduced.

The various issues in the Bill relating to publications, in general, copyright and the National Library are better dealt with in a more modern and less restrictive separate law(s).



Ibrahim Hashi Jama

Souorce: www.somalilandlaw.com

Thank you letter from the leadership of Qaran

Thursday, 03 January 2008

We would like to take this opportunity to thank you for your efforts in supporting the democratization process in Somaliland., we also wish to extend our gratitude for your relentless exertion and concern in securing our release during the last four months and twenty three days we have been unjustly imprisoned by the current Somaliland government.

The international community continues to engage with Somaliland on a range of different issues, mostly directed at the continued progress towards democratization and economic development and in this regard we would like to urge you to continue your support and engagement in bringing about the kind of government that will practice good and responsible governance that is responsive to the wishes of the its people.

Furthermore, with the coming local and presidential elections, Somaliland faces additional hurdles of conducting a voter registration process and unresolved Constitutional questions about new political association vying to take part in the political process of the country.

This will require intense and sustained commitment from the international community, patience and willingness to resolve all disputes with civility, dialogue, respect for the other and a strong commitment to resolve differences by peaceful means, so that Somaliland can remain an island of stability in the volatile region of the Horn of Africa.

We are confident that the people of Somaliland and members of the international community that have invested time and resources to foster peace, stability, democracy and the rule of law will once again rise to the occasion and make Somaliland a viable and successful member of the expanding democratic global village.

Wishing you all a happy, peaceful and prosperous new year.

Sincerely,

Chairman of Qaran

Dr. Mohamed A. Gabose,

1st Vice Chair of Qaran

Eng. Mohamed Hashi Elmi

2nd Vice Chair of Qaran

Jamal Aidid Ibrahim

Special thanks go to:

Amnesty International East Africa.

Amnesty International UK

Amnesty International US

European Union Representative Hargeysa

European Union Representative Nairobi

British Embassy Addis Ababa

American Embassy Nairobi

Finish Embassy Nairobi

Norwegian Embassy London

Swedish Embassy London

House of Lords London

House of Commons London

Welsh Assembly Government London

US Congress Washington DC

US Department of State Washington DC

International Republican Institute Washington DC

Somaliland Democracy Group

Somaliland Forum

East Africa Policy Institute Washington DC

SIRAG London

Hon.Michael Allen MP UK Parliament

Hon.Kerry McCarthy, MP UK Parliament

Ibrahim Hashi Jama Somaliland Lawyer

Lord Avebury House of Lords London

Sir Mark Malloch Brown London

Annemia Neysts-Uyttebroeck MEP Brussels

Lynn Fredrickson AI Washington DC

Donald Payne US Congress Washington DC

Sen. Joseph Biden US Senate Washington DC

Sen. Barak Obama US Senate Washington DC

qaransomaliland.com