somaliland28july2007

Letter from the European Commission

2008-03-14T05:05:00.000-07:00

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.

2008-03-14T05:03:00.000-07:00

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

2008-03-14T04:58:00.000-07:00

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 .

2008-03-14T04:56:00.000-07:00

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

2008-03-14T04:51:00.000-07:00

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

2008-03-14T04:49:00.000-07:00

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

2008-03-14T04:46:00.000-07:00

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

2008-03-14T04:42:00.001-07:00

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

Berbera town, Sahil region

Buroa town, Togdheer region

Las Anod town, Sool region

Alebadey town, Hargeysa region

Oodweyne town, Togdheer region

Source: Somaliland Times

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

Somaliland: UK Reiterates Cooperation

2008-03-14T04:38:00.000-07:00

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

2008-03-14T04:13:00.000-07:00

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

2008-03-14T04:10:00.000-07:00

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

2008-03-14T04:07:00.000-07:00

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.

2008-03-14T04:01:00.000-07:00

(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'

2008-03-14T03:57:00.000-07:00

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.

2008-03-14T03:52:00.000-07:00

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

2008-03-14T03:46:00.000-07:00

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

2008-03-14T02:37:00.000-07:00

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

Supportive letter from Lord Avebury insisiting on full democracy in Somaliland

2008-01-02T08:29:00.000-08:00

(qaransomaliland.com)-London-UK

From Lord Avebury P0726124

020-7274 4617
December 26, 2007

To Lord Malloch Brown

Minister Foreign & Commonwealth Office,
London SW1A 2AH

Dear Lord Malloch-Brown,

Further to my letter of November 2 about the situation in Somaliland, ref P0721112, copy attached, (to which I don’t appear to have had a reply), you will have been advised of the conditional release of the three leaders. I attach an article by Mahdi A. Abdi of the East Africa Policy Institute on the questions that arise from this decree by the President, and an article from the Somaliland Times of December 22 on this subject.

I understand that the Somaliland Minister of Finance is in Nairobi, where he was expecting to finalise details of the EU’s funding of the elections, as well as other aid projects. Whilst any humanitarian aid should continue, it would be wrong for the EU to subsidise elections which can’t be free and fair, since important players are still to be excluded from participation. I do hope we shall use our influence in Brussels to ensure that aid for the elections is suspended until the right to campaign and put up candidates, who may include the three leaders who were imprisoned for 144 days, is extended to the Qaran Political Assocation.

Yours sincerely,

Eric Avebury

Lord Malloch-Brown,
Foreign & Commonwealth Office,
London SW1A 2AH

.......................................................................................

One step forward, two steps backward.

Written by Mahdi A. Abdi We find the news of the release of Dr. Mohamed Abdi Gabose and his vice chairs from jail (Mohamed Hashi Elmi and Jamal Aydeed Ibrahim of the Qaran political association) as a very good step toward Somaliland’s steady progress toward democracy and the rule of law. It is gratifying to see the president choose reason and good judgment and bring to an end the campaign of suppressing the aspiration of nescient political associations by detentions and threats.

The recent statements coming out of the president which declared that the recently released politicians will not be allowed to run for political offices for the next five years seem to negate the initial positive action taken by him when he released them from jail. It also raises more questions than it answers:
For instance, without getting into the legality of the matter, does this mean that this presidential decree applies only to the three leaders or is it a blanket ruling affecting the whole Qaran political association?

The reason why no-one seems to know exactly what is going on in this president’s administration is that most everything is done through statements made by the president or his ministers, the courts and the judicial system are completely missing in action, and as a matter of fact the recently released Qaran leaders have yet to see any documentation from any governmental institution informing them of the terms of their release or even as to the reason of their release.

The difficulty for the president is that it is never an easy matter to rule by decrees and not clash with existing laws in a democracy. Having failed at getting the Qaran leaders to “ask” for a pardon and accept the ruling of the kangaroo court that illegally (in the eyes of the international and Somaliland communities) sentence them to a lengthy jail term, he unilaterally took the action of releasing them and now demands that they stop fighting for what they have been imprisoned for the last 123 days in Mandhera, or else…

There is very little chance that the leadership of Qaran and its supporters are going to cease and desist from what they see as their fundamental right to participate in the political process and veil threats from the president of future punitive actions to those who do not heed his warnings are not going to dissuade them from backing away from insisting on having access to all the rights and guarantees enshrined in the country’s Constitution.

Democracy can be a messy affair and it is by no means a perfect system, but the most important aspect of it is that it allows equal access to the process to those who adopt it as a system of governance. And Constitutional laws safeguard the rights of citizens so that no one is above the law (including the president) and equity and fairness are guaranteed to all the stakeholders in the country.

The question is not whether the country can have more than three parties, and Qaran is not making that argument, the question is whether political associations are allowed in the Constitution, and whether it guarantees the rights of the citizens to be elected into an office and to vote.

If the president insists that citizens are not allowed to form political associations and participate in the political affairs of the country, then how can he explain away article 22 of the Somaliland Constitution, which clearly states the following:

“Article 22: Political, Economic, Social and Electoral Rights

1. Every citizen shall have the right to participate in the political, economic, social and cultural affairs in accordance with the laws and the Constitution.

2. Every citizen who fulfils the requirements of the law shall have the right to be elected (to an office) and to vote.

The only legal manner in which Qaran can be denied the right to participate in the coming election is to amend this article (22) in the Somaliland Constitution and remove these fundamental rights it grants its citizens of Somaliland.

The president used the term "pardon" with deliberate care because it came with all the needed strings attached to make it possible for him to disqualify the "Qaran" politicians from running for any office while he is a candidate.

This is a direct translation of the release letter from the president:

“The president of the republic of Somaliland, having seen article 90/5 of the Somaliland Constitution, after seeing article 149 of the Penal code, having seen the judgment of the Hargeysa Regional Court MGH/DDL/424/2007, after listening to the advice of elders and Sultans, and taking into consideration the blessings of Eid Al Adxa has determined:

1. To extend a “special pardon” to erase the remainder of their jail term adjudicated by the Hargeysa Regional Court of said prisoners:

Mohamed Abdi Gaboose
Mohamed Hashi Elmi
Jamal Aydeed Ibrahim

2. I order their release before the celebration of Eid Day.”

According to a news report from the “Horn of Africa”, knowledgeable sources state that in order to diffuse the tense political situation in the country the elders who were involved in the mediation requested from the president an amnesty (Article 144 of the Penal code which grants no strings attached and all previous judgments to be vacated) for the jailed politicians instead of the partial pardon used by the president.

Furthermore Article 101/2 of the Penal code which was used by the Hargeysa Court which bans the Qaran politicians from voting or being voted for is inherited from Italy’s 1930 Mussolini’s Penal code and is in complete disagreement with Article 130/5 the current Somaliland Constitution which indicates that no law can violate Islamic law and the fundamental rights of the citizen. The Constitution being the supreme law of the land, it is clear that much of what the president has done so far goes against the letter as well as the spirit of the Constitution of the country.

The question remains whether the EU and other donor nations which have been instrumental in nudging the current administration to respect its own laws will continue to do so and insist on a full and a fair democracy to bloom in Somaliland and demand that the Qaran politicians be allowed to participate in the coming elections cycle by having the president vacate the odious Hargeysa Court judgment which is used to keep them from exercising their guaranteed Constitutional fundamental rights.

We urge all concerned communities, whether local or international to impress upon the president that the rule of law must prevail and checks and balances must be evident, the Media, all legal associations and Human Rights organizations must be free to practice their trade before democracy can be felt at the grass root level and Somaliland can rightfully claim to be truly a democratic nation.

East Africa Policy Institute.
Mahdi A. Abdi.
http://eastafricapi.com/index.php?option=com_content&task=view&id=136&Itemid=1

QARAN Leaders Will Continue To Be Banned From Politics

QARAN chairman Dr. Mohamed Abdi Gabose (center) and his two deputies Mohamed Hashi Elmi (L) and Jamal Aideed Ibrahim (R), soon after their release in Hargeysa

Hargeysa, Somaliland, December 22, 2007 (SL Times) – “The three top leaders of the QARAN political association will continue to be banned from politics despite their release from prison on Tuesday,” said Yusuf Tallabo, Somaliland's Deputy Minister of Justice.

QARAN chairman Dr. Mohamed Abdi Gabose and his two deputies Mohamed Hashi Elmi and Jamal Aideed Ibrahim were arrested on July 28 and sentenced on August 8, 2007 by a regional court to 3 years and nine months in prison. The court also banned the 3 leaders from politics for 5 years for founding an illegal organization and endangering public order through staging of political rallies.

The QARAN political association was proclaimed on April 2007. But the government has since been denying it registration as a political organization on the basis of a constitutional clause that limits the number of political parties in Somaliland to three QARAN's argument has been that whilst it true that only 3 political parties should exist in the country at any given time, it doesn't mean that those political parties should be UDUB, KULMIYE and UCID forever.

According to QARAN, the country's 3 national parties should emerge from the municipal elections which are contested once every 5 years and are constitutionally designed to produce the 3 national parties until the next local council elections.

Fearing that the formation of new political associations might endanger the existence of his weak UDUB party, Mr. Rayale responded by ordering the arrest and prosecution of Dr. Gabose, Mohamed Hashi and Jamal Aideed. Faced with countrywide protests against the imprisonment not to mention continuous international pressure, Mr. Rayale finally agreed to release the three QARAN leaders from the Mandera maximum security prison where they had been held for 144 days.

Mr. Rayale had repeatedly demanded that the prisoners petition him for clemency, but the QARAN leaders refused to do so saying that they had committed no crime and they were unjustly imprisoned for their political views. Presidnet Rayale’s release of QARAN leaders was in response to a request for amnesty by clan elders.

Around midnight Monday, the 3 men were informed by the prison guards that they were pardoned and were being taken to Hargeysa.

However on Thursday Mr. Yusuf Tallabo told a VOA reporter that the 3 QARAN leaders will not be allowed to exercise their political rights.

Until now, QARAN leaders have not been shown the text of the presidential pardon that ordered their release.

According to Dr. Gabose the government doesn't want to make the decree public so as to be able to write it down in the future as a conditional release that doesn't cover our ban from politics.

"Their plan is to invoke the order banning us from politics if we don't disband QARAN. In any case it's blackmail, and it's typical of the Rayale regime," said Gabose.

The QARAN leaders are expected to visit the Attorney General's office this morning to ask for a copy of the presidential pardon.

Under the Somaliland constitution, the president can pardon or grant amnesty to convicted individuals or a group of prisoners. But there are no bylaws or procedures for the implementation of the constitution’s article 90 regarding "pardon" and "amnesty".

In the QARAN case, the government’s prosecutor had utilized the Somalia penal code and criminal procedures code. According to that law, the Somaliland House of Representatives is to assume the power of granting an amnesty in the same way as Somalia's National Assembly was vested with such power.

Meanwhile QARAN leaders vowed to continue to exercise their political rights.

According to the Somaliland constitution (article 22), every citizen has the right to participate in the political, economic, social and cultural affairs; and every citizen has the right to elect and to be elected. Article 23 gives citizens the right for political association.

These two articles in addition to article 32 which guarantees freedom of the press, are among the articles in the constitution (bill of rights) that cannot be amended or changed by any branch of the government (see article 127 on amendments or corrections to the constitution).

Then there is law No: 14/2000 for the registration of political parties and associations. This law has not been annulled and therefore remains valid and applicable.

However the government had disbanded the registration committee in 2003 so as to avoid submission of applications for the formation of political associations in 2007.

Source: Somaliland Times
http://www.somalilandtimes.net/sl/2007/309/1.shtml

Shuro-Net Press Release

2008-01-02T08:27:00.000-08:00

Monday, 10 December 2007

(qaransomaliland.com) Hargeysa--10/12/2007--On the occasion of the anniversary of the Human Rights Day, 10 December 2007, the Preparatory Committee of the up-coming General Meeting (GM) on 23 December 2007 and all members of the Original Shuro-net, likes to congratulate and support the Congress of the European Liberal Democrat and Reform Party (ELDR). In a letter dated 27/11/07 to the President of Somaliland, H. E. Dahir Rayale Kahin, the President of ELDR, Mrs. Annemie Neyts-Uyttebroeck MEP told that her party "adopted a resolution that calls upon the European Union and all of its Member States to give diplomatic recognition to the Republic of Somaliland and actively encourages the African Union to accept that Somaliland is not a secessionist state but rather a democratic entity that has abrogated a union with a failed State. However, our call is conditioned by the existence of a government that respects human rights, a free market, and democracy, with a free press and the possibility of democratic changes of government".

The reason for this is, the letter continues, "in a region of the world where these qualities are in short supply, your country is a beacon of democracy". But ELDR was alarmed by the arrest on 28/7/07 of Dr. Mohamed Abdi Gabose, Engineer Mohamed Hashi Elmi and Mr. Jama Aideed Warsame, the leaders of Qaran Political Association, which she sees can have a serious consequence for Somaliland's recognition.

In a letter to Mr. Javier Solana, Secretary-General of the Council of the European Union, the ELDR President is blunter as she says "Somaliland's current political system and its leadership are failing to meet the minimum standards expected of a free and democratic State. Neither does the Somaliland government respect international human rights laws such as the Universal Declaration of Human Rights". These are serious accusations.

The courageous support by one of the three main parties of the European Union is so far the best thing that happened to Somaliland's quest for international recognition. But Somaliland does not realise what it is missing. The ELDR, other supporters and friends seem to be getting wary and their goodwill is being eroded by careless Government violations against human rights and the standard pillars of democratic behaviour in Somaliland. Glaring examples are the arrest of the three top leaders of Qaran Political Association, the increasing suppression of the freedom of the press and the usurpation of the office of Shuro-net, the umbrella organization of the civil society human rights network.

The friends of Somaliland including Lord Avebury, senior member of the British House of Lords; SIRAJ; Professor I. M. Lewis; Somaliland Focus and Somaliland Forum believe that the Government's uncanny behaviour is not helping them to continue airing their support for Somaliland's international recognition. The ELDR President said, "These unlawful processes have already set the cause of Somaliland's recognition back, and if continued, must inevitably halt progress for the time being". This is a dire warning.

The GM Preparatory Committee and all members of the Original Shuro-net find it strange the Somaliland Government's attitude to ignore the many concerns of the international community as well as the frequent appeals within the country about the deteriorating situation of human rights in Somaliland. We honestly urge the Government, in particular the President H. E. Dahir Rayale Kahin, to heed the cries for caution and reverse Somaliland's sinking image in the eyes of the world. Instead of meddling in human rights issues like the freedom of the press, the arbitrary arrests of citizens and the gagging of human rights organizations, it is better to bask in the victory of Lasanod which lifts the people's spirit of patriotism and unity.

The country is passing a promising time when the population need not be pushed to desperation and mistrust, but instead given hope that at last the dark clouds of doom are lifting. Confidence building measures to break the ice that goes down well inside and outside Somaliland are: 1) the immediate and unconditional release of the leaders of Qaran Political Association, 2) the release of all detainees under the Public Order Law and 3) the abolition of the illegal Security Committees and lastly the respect of fundamental rights of Somaliland citizens.

Somaliland Human Rights Organisations Network (SHURO-Net)
Legitimate SHURO-Net Group

Happy Eid, Qaran Politicians Released Finaly, Victory for Somaliland.

2007-12-18T15:54:00.000-08:00

News in Somali:

Ciid Mubaarak! Qaran Madaxdeedii oo Hargeysa maanta ku ciidaya!!!

Maxamed Cabdi Gabboose iyo ku xigeenadiisa Maxamed Xaashi Cilmi iyo Jamaal Caydiid Ibraahim

(qaransomaliland.com) - Hargeysa 18/12/2007

Saaka markay saacaddu ahayd 4tii subaxnimo Hargeysa ayaa siyaasiyiintii Qaran xaafadahoodii la kala geeyey.

Wareysi gaaban ee guddomiyaha Ururka Qaran Dr. Maxamed Cabdi Gaboose la yeelanay wuxuu noo sheegay iney filayeen in subaxnimada la sii daynayo laakiin ay si kedis ah shandadohoodii askari u boobtay habeenimo oo gawaari si deg-deg ah lagula soo baxsaday. Wax waraaqa ah oo ay saxiixeena ayan jidhin oo sifada lagu soo daayay ay filayaan iney tahay middey iyagu doonayeen oo u oggolaaneysa iney Ururkooda loo oggolado iney diwaan gelin karan si ay dorashooyinka soo socda uga qeyb qaataan.

Wixii kaloo war ah halka kala soco.

Mahdi A. Abdi

qaransomaliland.com

Somaliland’s Recognition is in Emergency State

2007-12-17T17:09:00.000-08:00

Somaliland Recognition Action Group (S.I.R.A.G)
Somaliland Overseas
London, UK

Press Release

16th December 2007

SIRAG UK and SOMALILAND OVERSEAS have been campaigning for Recognition of Somaliland for so long and facilitated creating a Coalition of Friends for Recognition for our country in many parts of the world. We would like to remind the Elders, Intellectuals, Government, Parliament, Opposition Parties, Human rights organisations, Civil Societies, Media and the citizens of Somaliland that Somaliland’s recognition is in Emergency State.

As part of the Diaspora and the citizens of Somaliland we would like to extend our gratitude to the International Community and Somaliland’s Coalition of Friends for Recognition and Democracy for their support for Somaliland’s democratization, rule of law and human rights. We must admit that year 2007 has been a testing year for Somaliland’s democracy where the principles of upholding human rights have been compromised by the government of Somaliland. Somalilanders both in Somaliland and the Diaspora have campaigned vigorously against these setbacks and created some immediate solutions to resolve these issues. As a result, the citizens of Somaliland have gained sympathy and support from the International Community including the Coalition of Friends for Somaliland’s Recognition and Democracy.

However in saying the above we would like to set the record straight. The Coalition of Friends for Somaliland’s Recognition and Democracy have set strict conditions on the recognition of Somaliland and if these conditions are not implemented fully we believe that Somaliland’s Recognition God forbid will be delayed for some time.

The International Community and the Coalition of Friends for Somaliland’s Recognition and Democracy have turned their attention towards the Government of Somaliland and are monitoring the situation very carefully at present. In addition, Somaliland’s Coalition of Friends for Recognition and Democracy have also forwarded strict conditions to the government of Somaliland which they must fulfil if they are to gain full recognition from the International Community.

We have listed some of these conditions as below:

i) Qaran Political Prisoners must be released immediately without any conditions.

ii) The government of Somaliland must not interfere with the Independence of the legitimate board of SHURO-NET human rights organisation as highlighted by Front Line Human rights Defenders (see attached report for references). The Legitimate board members of SHURO-NET must be allowed to continue with their AGM on 23 December 2007 as planned without any delay and interference from the government whatsoever. We can not highlight enough how this case and that of Qaran Political prisoners can cause serious complications on the recognition of Somaliland. We will repeat again, these two conditions are the top two criteria for Somaliland gaining her recognition fully. The sooner it is fulfilled the quicker Somaliland’s recognition will come Insha’Allah.

iii) The Government of Somaliland must not intervene with the Freedom of Press in Somaliland

iv) Democratization of Somaliland to be strengthened and promising changes should take place to reflect this

v) Elections must commence on time

If the above conditions are not fulfilled Somaliland’s Recognition will be delayed for some time and the finger will be pointing at one direction only and that is at the leadership of the government of Somaliland. The consequences of not listening to the Voice of the Coalition of Somaliland’s Friends for Recognition and Democracy whom some of them also represent the International Community means that Somaliland’s quest for recognition over the last 16 years will be postponed for some time, God forbid.

We believe in the Spirit of the leadership of the citizens of Somaliland who will face up to the above challenges to overcome these obstacles once again. These challenges must be dealt with as an emergency case and the citizens of Somaliland must fulfill these conditions without any further delay.

We would also like to remind the Government of Somaliland that they must listen to the voice of the Citizens of Somaliland and their supporters. The success that Somalilanders have been building for the last 16 years have been damaged within a year.

We are aware of the fact that the above conditions have been communicated to the concerned parties and offices. The Coalition of Somaliland’s Friends for Recognition and Democracy are awaiting for some immediate and positive changes from the Government of Somaliland in order to save Somaliland’s quest for recognition and democratization over the last 16 years.

In God we trust, Somaliland’s hard work will prevail at the end.

God Bless Somaliland and the Family of Humanity

Marwo Lulu Farah

Chair of SIRAG
www.sirag.org.uk

Mr Ahmed Ibrahim Kadleye
Director of Somaliland Overseas

kadleye024@hotmail.com

Attached: Reports, Press Releases and Communiqués from Somaliland Diaspora, Media and Somaliland’s Coalition of Friends for Recognition and Democracy.

Reports, Press Releases and Communiqués by Somaliland Diaspora and Somaliland’s Coalition of Friends for Recognition and Democracy in relation to the illegal arrests of Qaran Politicians, Freedom of Speech and Targeting legitimate SHURO-NET Human Rights Defenders:

The European Liberal Democrat and Reform Party-ELDR communiqué (ref: ELDR’s Conditional Recognition Call for Somaliland

Brussels , 27 November 2007)

http://www.somaliland.org/2007/11/30/eldrs-conditional-recognition-call-for-somaliland

http://www.eldr.org/index.php

Amnesty International (Ref: SOMALILAND: Leaders of new opposition party arrested)

http://www.amnesty.org/en/alfresco_asset/ff2f4dc1-a2b6-11dc-8d74-6f45f39984e5/afr520132007en.pdf

Frontline Humanrights Defenders (Headquarter office in Brussels).

Somaliland : Targeting of Human Rights Organisations Network and threats against its Director Mubarik Ibrahim Aar

http://www.frontlinedefenders.org/node/1280

Lord Avebury, Patron for Somaliland’s Recognition, Democracy and Humanrights:

http://somaliland28july2007.blogspot.com/

Letter from Lord Avebury to Lord Malloch Brown, November 2, 2007

http://www.qaransomaliland.com/index.php?option=com_content&task=view&id=202&Itemid=1

Lord Avebury supporting Somaliland’s Free Press

http://somalilandpresslaw.blogspot.com/

Dr. Ioan Lewis, Emeritus Professor of Anthropology at the London School of Economics, (Prof Lewis Oo Cambaareyey Talaabadda Xukuumaddu Ka Qaaday ShuroNet

http://www.somaliland.org/2007/12/10/prof-lewis-oo-cambaareyey-talaabadda-xukuumaddu-ka-qaaday-shuro-net

Peter Tatchell: In praise of Somaliland, A beacon of hope in the Horn of Africa

http://www.theliberal.co.uk/issue_11/columns/tatchell_11.html

Somaliland Lawyers ( Somaliland Law)

http://www.somalilandlaw.com

Somaliland Law: The Delayed Release of Imprisoned QARAN Leaders: Procedural

Hurdles? By Ibrahim Hashi Jama

http://www.somalilandlaw.com/Delayed_Release_of_QARAN_leaders_230907.pdf

Press Release, Michael Walls, Chair, Somaliland Focus ( UK), Secretariat of UK All Party Parliamentary Group for Somaliland)

http://somalilandtimes.net/sl/2007/301/050.shtml

Somaliland Forum : PRESS RELEASE – IMMEDIATE Ref: SF/CLC/11/07

Date: 3/11/2007

SOMALILAND FORUM CONDEMNS GOVERNMENT’S TAKE-OVER OF

INDEPENDENT HUMAN RIGHTS NETWORK (SHURO-Net)

http://www.somalilandlaw.com/SHURO_Net/SF_PRelease_SHURO-Net_Final_031107.pdf

A Joint-Press Statement issued by Somaliland’s leading independent newspapers http://somalilandpresslaw.blogspot.com/2007/11/somaliland-government-proposes-new.html

Washington DC Somaliland Community Press Release http://somaliland28july2007.blogspot.com/2007/08/press-release-washington-dc-area.html

Somaliland European Society (Warsaxaafadeed:Ururka Xidhiidhka Jaaliyaddaha Somaliland ee Yurub (SSE))

http://www.somalilandnet.com/news/wnews/headline/13372750.shtml

Somaliland Overseas (Baaq Guud By: Axmed Ibrahim Kadleye

http://somalilandpatriots.com/news-3563.html

SIRAG : Appeal To The International Community To Support Somaliland’s Human Rights Defenders

http://www.somalilandtimes.net/sl/2007/303/4.shtml

Note: We appreciate and are grateful for the support and solidarity of Somaliland’s Friends whose names will not appear here for confidential reasons.

Also we apologise for not listing all the names of Somaliland’s Diaspora Organisations and Intellectuals who are too many to list here but who are tirelessly working hard to defend Somaliland’s recognition and status.

End of Press Release.

Somaliland Recognition Action Group(S.I.R.A.G)
Somaliland Overseas
London, UK

Conditional Recognition Sought For Somaliland By EU Party

2007-12-10T16:29:00.000-08:00

Annemie Neyts-Uyttebroeck MEP, President of ELDR

London, December 1, 2007 (SL Times) – One of the main three parties in the European Union Parliament (ELDR) introduces a conditional resolution which calls upon the EU and all its member states to give diplomatic recognition to the Republic of Somaliland. Prominent among the conditions raised was the release of the Qaran leadership from jail.

Whether the president will heed this additional call to do the right thing and work toward bringing about the long sought recognition a step closer remains to be seen.

Here are two letters from the president of the European Liberal Democratic Reform Party Annemie Neyts-Uttebroeck addressed respectively to President Rayale and Secretary-General of the Council of the European Union Javier Solana.

______________________________________________

HE. Dahir Rayale Kahin
The President of the Republic of Somaliland
Hargeysa, Somaliland

Brussels, 27 November 2007

Dear Mr. President,

The Congress of the European Liberal Democrat and Reform Party (ELDR) adopted a resolution that calls upon the European Union and all of its Member States to give diplomatic recognition to the Republic of Somaliland and actively encourages the African Union to accept that Somaliland is not a secessionist state but rather a democratic entity that has abrogated a union with a failed State.

However, our call is conditioned by the existence of a government that respects human rights, a free market, and democracy, with a free press and the possibility of democratic changes of government.

In a region of the world where these qualities are in short supply, your country is a beacon of democracy. Therefore ELDR was alarmed to read of the arrests of Dr Mohamed Abdi Gabose, Engineer Mohamed Hashi and Mr. Jamal Aideed on July 28. These three gentlemen were architects of Somaliland’s freedom, and are surely entitled to exercise their constitutional rights to freedom of expression and of association, and the right to take part in the government of their country, which are found in Articles 19-21 of the Universal Declaration of Human Rights.

Whilst the constitution of Somaliland provides that there shall be only three political parties, there is no law that I am aware of which says that the current three parties will always be the three accepted under the constitution. The constitution like all others also guarantees the right of association and the persons who have been arrested are arguing that they are simply exercising their rights to form a political association and to be given a chance to compete freely to become one of the three political parties allowed under the constitution.

May I respectfully urge you to release the three gentlemen, and to convene a representative assembly to determine how to secure maximum popular participation at the forthcoming elections, by a process that would determine which three parties have the greatest support and whose candidates’ names should therefore appear on the ballot papers? I need hardly emphasize the damage to the cause of Somaliland’s recognition that will result from failure to resolve this problem by discussion and agreement, rather than arbitrary detentions.

In the longer term, Somaliland may wish to consider whether it is necessary to place any constitutional limit on the number of parties. In many democratic countries the citizens tend to elect just a few parties, though others may put up candidates without harming the democratic process.

Yours sincerely,

Annemie Neyts-Uyttebroeck MEP,
President of the European Liberal Democrat and Reform Party

___________________________________________________

Letter to Secretary-General of the Council of the European Union Javier Solana.

Brussels , 27 November 2007

Javier Solana
High Representative for the Common Foreign and Security Policy,
Secretary-General of the Council of the European Union
Rue de Ia Loi, 175

Dear High Representative,

The European Liberal Democrat and Reform Party (ELDR) is very concerned about the situation in Somaliland. Our Party Congress adopted a resolution on this issue which calls upon the European Union and all of its Member States to give diplomatic recognition to the Republic of Somaliland and actively encourages the African Union to accept that Somaliland is not a secessionist state but rather a democratic entity that has abrogated a union with a failed State.

However, our call is conditioned by the existence of a government that respects human rights, a free market, and democracy, with a free press and the possibility of democratic changes of government.

Somaliland ’s current political system and its leadership are failing to meet the minimum standards expected of a free and democratic State. Neither does the Somaliland government respect international and human rights laws such as the Universal Declaration of Human Rights. Last summer the Somaliland government arrested Mohamed Abdi “Gabose”, Mohamed Hashi Elmi and Jamal Aide 3d, three leaders of an emergent opposition party, in the Somaliland capital of Hargeysa on 28 July. They are respectively the chairperson, the vice-chairperson and the second vice- chairperson of the Qaran party (‘The Nation”), which is currently not legally registered but has begun informal political activities in advance of the local elections expected to be held in December 2007. Amnesty International has called for the immediate and unconditional release of these three men.

Ever since Somaliland broke away, following the downfall of Siyad Barre, friends of the new proto-state have pointed to the contrast between Somaliland’s maintenance of democracy, human rights and the rule of law, and the anarchy which has prevailed in Somalia. They have tried to help Somaliland towards recognition as an independent state, and I believe this should still be the goal. The obstruction of citizens who want to present a new political agenda by the use of doubtful law is bound to undermine the project, and I request you to express concern on behalf of the European Union at the use of detention without charge, denial of access to legal advice, and the proposal to try the detainees in camera in a special court inside the prison.

These unlawful processes have already set the cause of Somaliland’s recognition back, and if continued, must inevitably halt progress for the time being. It would be helpful if you were able to underline these points in a message to the authorities in Hargeisa.

Yours sincerely,

Annemie Neyts-Uyttebroeck MEP
President of the ELDR Party

Source: http://www.qaransomaliland.com/

The Incarceration of Qaran Leadership

2007-11-15T06:19:00.000-08:00

To: RH Abdurrahman Mohamed Abdillahi, Chairman/Speaker

Somaliland Parliament.

cc: RH Abdul Aziz Mohamed Samale, 1st Deputy-Chairman,

Somaliland Parliament.

: RH Bashe Mohamed Farah, 2nd Deputy-Chairman,

Somaliland Parliament.

cc: RH Suleiman Mohamoud Adam, Chairman/Speaker

Somaliland House of Elders.

cc: Mr. Abdillahi Mohamed Dualeh, Minister of Foreign Affairs,

Republic of Somaliland.

cc: Mr. Oomane , Chief Justices, Supreme Court; Republic of Somaliland.

cc: Mr. Ahmed Hassan Ali, Somaliland Minister of Justice;

Republic of Somaliland.

November 12, 2007.

Your Excellencies,

On Freedom and Democracy, perhaps the words of President Franklin Delano Roosevelt will make some sense to our parliamentarians:

"It is my right to be uncommon. For I do not choose to be a common man, if I can, I seek opportunity. I do not wish to be a kept citizen, humbled and dulled by having the government look after me. I choose to take the calculated risk, to dream, to build, to fail or succeed. I choose not to barter incentive for a dole; I prefer the challenges of life to a guaranteed existence, the thrill of fulfillment to the state calm of Utopia. I will not trade my freedom for beneficence nor my dignity for a handout.

True individual freedom cannot exist without economic security and independence. People who are hungry and out of a job are the stuff of which dictatorships are made."

Franklin Delano Roosevelt [1882-1945]; thirty-second of the USA.

Subject: Detention of

1. Eng. Mohamed Hashi Elmi}

2. Dr. Mohamed Abdi Gabose} QARAN LEADERSHIP.

3. Jamal Ibrahim Aideed}

Prior to the agreement on the postponement of the municipal and Presidential elections, the three political parties secretly agreed to stonewall any possibility of forming new parties during the upcoming municipal elections. At the same time, the government has negotiated a second agreement with the RH. Mr. Suleiman Mohamoud Adam and the Chamber of the Wise men [Guurti] to draft legislation effecting the extension of the term of Office of the President by three years. Both moves are intended to deny the illegally incarcerated Qaran leadership and any another citizen to exercise the Fundamental Rights and Freedoms enshrined in our national Constitution.

THE RESPONSIBILITY OF THE LEGISLATURE:

Acting on the Universally accepted principle that states: "Government authority is a derivative of the will of the ruled masses manifested through periodically held free and fair elections where each every citizen is accorded universal suffrage; where national constitutions are in conformity with the norms of international law; and where the articles of such constitutions are subject to amendments and/or changes to eliminate or reconcile contradictory sections; and whereas such powers are vested in the duly elected representatives [national parliament]." In other words, it is the primary duty and the sole responsibility of the 82 members of the House of Representatives of the Republic of Somaliland and they have the following two options at their disposal:

1. Draft the appropriate legislation amending of Article 9[3] of our Constitution to reflect some semblance of compatibility with Articles 21, 22, 23, and 32. Regardless of the existing procedures for the formation of new parties, the House of Representatives is the sole arbiter in this issue and they should size up to the occasion by doing the right thing; or else

2. Rewrite the wording of article 9 section 3 by inserting the following: “The three political parties with the highest votes in the first municipal elections in Somaliland shall forever remain the only three national political parties allowed in Somaliland." This simple amendment takes care of our Rights and Freedoms under articles 21-36; eliminates some of the ambiguities in the constitution; and eases the insecurity of the present three parties- the door is shut forever on all future competition.

Do our parliamentarians have the political will and the courage to make these changes in time for the coming elections? Failure to do so now and they incur wrath of an angry electorate three years from now.

THE FUNDAMENTAL RIGHT AND FREEDOMS OF THE CITIZEN:

The quintessence's of the incarceration of the leadership of QARAN POLITICAL ASSOCIATION is a classic case of a completely broken down Justice System and a conflated interpretation of our Constitution.

This case falls within the grey and the shady areas of our Constitution: where to draw a fine demarcation line between the Rights and the Obligations of the State and the Rights and the Freedoms of the individual. The application of the 1962 Penal code of the defunct Somali state is rather questionable when the issue is the Rights and the Freedoms of the individual. At the time of the drafting of the Somali Penal Code, the Commissioned Officers of the Somaliland Scout were under Court-martial in Mogadiscio for 'High Treason'.

Article 11 [2] of the Universal Declaration of Human Rights deals with the application of Penal Codes:

" No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed."

Here, on the one hand, we have apprehensive state machinery unprepared to handle any real or perceived challenge to its totalitarian authority. Regrettably, the custodians of the Manual of Interpretation of the articles of the Constitution had been missing in action for the past six and a half years. The Justices of the Supreme Court simply turned an appendage of the Executive Branch. The checks and balances between the three branches of our government are lost in the process.

On the other hand, we have three citizens struggling to establish a political association according to the letter and the spirit of Part Three, articles 21-36 of Somaliland Constitution- "The Rights of the Individual, Fundamental Freedoms and the Duties of the Citizen." The rights and the freedoms included in these sixteen articles are more or less identical to those included in the Universal Declaration of Human Rights, the Charter on Human and Peoples' Rights of the African Union, and the European Convention on Human Rights. During the municipal elections of December, 2003, at least seven political organizations competed. Why should the rules be changed this time?

THE FORMATION POLITCAL PARTIES:

That being the case, it is noteworthy that Article 9 of our Constitution describes the political system of our nation as follows:

" Article 9: Political System

1. The political system of the Republic of Somaliland shall be based on peace, co-operation, democracy

and plurality of political parties.

2. The number of political parties in the Republic of Somaliland shall not exceed three (3).

3. A special law shall determine the procedures for the formation of a political party, but it is unlawful for any political party to be based on regionalism or clanism."

Section 1, article 9, taking the wording at face value, implies a democratic state with a multi-party political system that guarantees the citizen a range of choices at the national level. The fine print of section 2 is reasonable assuming that this measure is a safety precaution against the repetition of the experience of the March, 1969 parliamentary elections.

However, the problem is with section 3 and the law determing the establishment of political parties. If there is such a law that states that the three political parties with the highest votes in the first municipal elections in Somaliland shall remain the only three national political parties allowed in Somaliland, then the leadership of Qaran political association have violated the law of the land; otherwise, the state should reinstate the political freedom of the three incarcerated individuals.

The question is: Does the above article conform to the intent and the spirit of article 21, sections 1 and 2; article 22, sections 1 and 2; article 23, section 3 and section 4-which is subject to a wide range of interpretations; and article 32 sections 1,2, and 3, of Somaliland Constitution?"

THE CONSTITUTION OF SOMALILAND:

The drafters of our Constitution came up with the framework of a document modeled on the American system of government. Although the conspicuous absence of legal expertise has impacted the functionality of the final product, it never the less meets the basic requirements of a modern constitution. Subjected to the rigors of interpretation, the inadequacies of the blue print are now becoming more and more apparent. The interpretation of any disputed article or subtext of such an article, without an independent and impartial judicial system, is a catch-22 situation. Although this situation has paralyzed the day to day functioning of the state, that does not imply that the nation is facing serious constitutional crisis.

The choice of this model of governance, over other comparable systems, was to ascertain the establishment of state institutions whose jurisdictions are clearly defined- a system of checks and balances where no single institution oversteps the limits of its authorities. Some of the real problems with our current constitution are:

1. Nine or ten articles of our Constitution carry more clout than the rest of the other one hundred twenty or so articles;

2. The apparent inequity in the delegation of powers among the different branches of the government;

3. The absence of a transparent mechanism to reconcile contradictory or ambiguous articles;

4. Most of the byelaws defining some critical sections of the constitution are incomplete;

5. The Chamber of the Wise men [Guurti] is a natural impediment to all legislation drafted and enacted by the House of Representatives.

Sooner or later, these serious problems should be addressed. The above factors shifted the equilibrium in favour of the Executive Branch, or better still, our government is no better than a motor vehicle driving at night on the wrong side of the highway with the headlights turned off. A unidirectional system of governance [ONE WAY TRAAFFIC] is more than we bargained for.

INTERNATIONAL CONVENTIONS ON PERSONAL FREEDOMS:

Pursuant to the Universal Declaration of Human Rights as adopted and proclaimed by the United Nations General Assembly Resolution number 217[III] of December 10,1948 the following Human Rights and fundamental Freedoms are guaranteed:

1: UNIVERSAL DECLARATION OF HUMAN RIGHTS

Article 1: "Equality in the freedom of dignity and rights for all persons";

Article 2: " Entitlement to the rights and freedoms of the

Declaration regardless of Language, Race, Religion,

Gender, Colour, Political opinion, Social or National

Origin, Property or Social Status";

Article 3: “The right to life, liberty, and security of person";

Article 5: "Prohibition against all forms of degrading and

inhumane punishment";

Article 6: "The right to be recognized as a person before the courts

of law";

Article 7: "Equality before the law without discrimination"

Article 8: "The right to seek restitution before qualified or tribunals";

Article 9: "No arbitrary detentions or incarcerations";

Article 10: "The right to a fair and speedy trial by an impartial court of law";**

Article 11-1- " Presumption of innocence for all penal crimes";

Article 18: "Freedom of thought, conscience, and Religion"

Article 19: " Freedom of Opinion and Expression and the

residual right to disseminate information

through the media, etc."

Article 20: “Freedom of Assembly and Association";

Article 21-1- " The right to participate government directly

Or through elected representation"

21-2- " The right to access public services";

2: HUMAN AND PEOPLES' RIGHTS OF THE AFRICAN UNION

Furthermore, the Organization of African Unity Charter on Human and Peoples' Rights as adopted on June 27, 1981 also guarantees the following fundamental Human Rights:

Articles: 3,5, 19, 26: " Equality before the Law";

Articles: 3 and 7: " Right to a fair and speedy trial";**

Articles: 5,6, and 9: " Right to Liberty";

Articles: 8, 13, 20: " Civil and political Rights";

Articles: do,11, 13: " Freedom of Association and Assembly";

3: EUROPEAN UNION CONVENTION ON HUMAN RIGHTS

And according to with the European Convention on Human Rights as adopted in 1950 "to Protect Human Rights and Fundamental Freedoms" as enshrined in the following articles:

Article 2: " The Right to Life";

Article 3: " Prohibition of Torture";

Article 5: " Right to Liberty and Security of Person";

Article 6: " Right to a Fair Trial";**

Article 7: " Harsh and Cruel Punishment";

Article 9: " Right to Freedom of Thought, Conscience, and Religion";

Article10: " Right to Freedom of Expression";

Article11: " Right to Freedom of Assembly and Association";

Article13: " Right to Restitution- Effective Remedy";

Article14: " Prohibition of Discrimination"

The Rights and the Freedoms guaranteed under our Constitution are in conformity with those adopted by the United Nations Organization, the European Union, and the African Union. If some sections of Somaliland Constitution are deliberately in contravention of these universal laws, our legislatures should rectify immediately all shortcomings with due diligence.

May Allah Bless the People and the Nation of Somaliland.

Ahmed Ali Ibrahim Sabeyse

Email:asabeyse@hotmail.com

Scarborough, ON. Canada.

_____________________________________________________________________

** The right to an impartial and independent tribunal is embodied in Article 10 of the Universal Declaration of Human Rights, G.A. Res. 217, and U.N. Doc. A/811 (1948). This right is also incorporated in Article 14 of the International Covenant on Civil and Political Rights, G.A. Res. 2200 (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, at 52, U.N. Doc. A/6316 (1966). European countries included this right in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, adopted Nov. 4, 1950, art. 27, 213 U.N.T.S. 222, 228; and articles 3 and 7 of the Human and Peoples' Rights of African Union, adopted by the OAU on June 27, 1981.

Letter from Lord Avebury on Detention of Qaran leaders and intervention of Shuro-net

2007-11-10T04:00:00.000-08:00

From Lord Avebury P0702112

Tel 020-7274 4617

Email ericavebury@gmail.com

Blog ericavebury.blogspot.com

November 2, 2007

Dear Lord Malloch Brown,

Further to our correspondence about the detention of the Qaran Political Association leaders in Somaliland (your ref 49311/2007), I enclose a copy of a letter from the Chair of ShuroNet, the umbrella organisation of human rights organisations in Somaliland, to President Riyale.

You have already remonstrated with the authorities in Somaliland on these detentions and pointed out that donors were relying on progress towards democracy being maintained. Unfortunately, the three Qaran leaders are still being detained, and are being pressurised to apply for a pardon, when they haven’t been convicted of any offence, and continue to assert that the formation of a political association is within the law. I would be grateful if you could let me know what response you had to that demarche.

The government have now escalated the crisis by rigging a meeting of ShuroNet with non-members who purported to hold an extraordinary AGM and to elect government officials who were not even members of the organisation, see attached article from the Somaliland Times and copy of a statement by Mr Michael Walls, Chair, Somaliland Focus (UK). This is presumably their response to the above-mentioned letter from the Chair.

These repressive acts are damaging the good reputation Somaliland was acquiring as a bastion of order, human rights, democracy and the rule of law, on which so much international good will has been accumulated. It will be a tragedy for the people of Somaliland if the government dissipates the fund of support, and of future benevolence, built up over the last 15 years. Would you consider, with our EU partners, appointing a Special Representative, to visit Hargeisa and convey this message to President Riyale?

Yours sincerely,

The Rt Hon the Lord Malloch-Brown,

Foreign & Commonwealth Office,

London SW1A 2AH.

Ref/SHURO-Net/ 0326 /07 Date: 17/10/07

To: H.E. Dahir Rayale Kahin

President of the Republic of Somaliland

Hargeisa

Somaliland

Og: All Human Rights Organizations in/outside Somaliland

Og: All Free Press in/outside Somaliland

Subject: Violations of Human Rights of the Government of Somaliland and the Detention of Qaran Political Association leaders

The umbrella organization Shuro-net is the umbrella of all the human rights organizations in Somaliland, which come from all the regions of the country. The main objective of Shuro-net is the development and protection of all the basic rights and freedoms guaranteed by the Somaliland Constitution and the Instruments of the Universal Human Rights.

Considering this lofty ideal, Shuro-net aims this press release to help stop and prevent the violations of the Somaliland Government against human rights and to avoid any thing that can affect the peacefulness of Somaliland.

Knowing the postponement of the Local Government elections, Shuro-net, carefully following the human rights situation and watching the progress of the democracy taking root in Somaliland, is worried when it examined deeply the increasing violations of human rights of the Somaliland Government. This can have a serious effect on the nations’ request for recognition and wide spread justice in Somaliland.

In that case, when the Security Committees lead any one they want to gaol without bringing one to court of justice which is a violation of the law of the land; when the national judiciary is not independent of the Executive Branch of the Government; when the citizen who talks against the Government is arrested without any crime committed; when the freedom of the press does not really exist in the country, at the same time the Somaliland Government uses one of the most draconian laws in the world to harass its citizens; when the Government refuses people the right to demonstrate peacefully under the pretext of keeping the peace; when the supporters of Qaran Political Association are arrested without any court warrant; when you add to this the illegal detention of Qaran Political Association leaders who are still languishing in Mandera Prison, how can Somaliland claim it is a democratic country that respects human rights.

Detention without trial

Generally, in all the prisons of Somaliland are kept many people who were not brought before a court of justice, but the National and Regional Security Committees applied for their detention the so-called Public Order Law which the previous Parliament abolished with a strong vote in the middle of 1999.

On 12/10/07 at around 7 A.M. the police in Burao arrested and took to the central prison Mr. Muhyadin Mursal Abdi Gabose and Mr. Ali Mohamoud Habi nicknamed “Ali-Babur”. No legal process what so ever was followed for the arrest of these two elders who are members of the Gabose family.

Shuro-net, referring to Article 9 (1) of the International Law of Civil and Political Rights, which says that no one can be unlawfully arrested or detained, no one can be deprived of one’s liberties without due process of law; also referring to Article 9 of the Universal Human Rights and Article 25 (2) of the Somaliland Constitution, strongly condemns these illegal arrests by Somaliland Government authorities.

Like wise, the detention of the two elder, Mursal Abdi Gabose and Ali-Babur caused armed violent youths to storm the Burao Central Police Station to free the detainees. This incident between the police and the youths in which fire arms were exchanged caused the following deaths and injuries to people:

Dama Abdi Jama – dead
Farah Ali Mohamed – dead (police man)
Suldan Mohamed Ajab – injured
Hassan Said Sarwel – injured
Mohamed Hassan Aideed – injured
Bidar Muse Weyd – injured (police man)
Faysal Ali Damal – injured

It is not the first time the Somaliland Government arrested the supporters of Qaran Political Association, but as is clear in the Human Rights Register, the Somaliland Government arrested on the night of 10 October 2007 Mr. Mahdi Jama Omer and Mr. Mohamed Abdi Jibril who did not do any crime while the police were not carrying any warrant of arrest. Shuro-net is against the unlawful arrest of civilians without due process of law. We also don’t support the people to take the law into their own hands, which can endanger the existence of Somaliland.

The detention of the leaders of Qaran Political Association

The leaders of Qaran Political Association were taken to Mandera Prison on 28 July 2007, when the Government accused them of having formed an illegal political party that violates the Constitution. Shuro-net, the human rights umbrella that closely and carefully followed this case, has confirmed the arrest of these leaders was against the justice and human rights guaranteed by the Somaliland Constitution. The President of Somaliland, H. E. Dahir Rayale Kahin has made it conditional for the release of the three leaders Dr. Mohamed Abdi Gabose, Engineer Mohamed Hashi Elmi and Mr. Jamal Aideed Ibrahim, who are detained for their believe, to ask for his pardon. Shuro-net sees this demand for a pardon to be an obstacle being put in front of the political rights of the leaders of Qaran Political Association as well as the execution of the agreement between the President and National Councils that resulted from the mediation of the Voluntary Committee that settled the nagging differences between the National Government Councils. For this reason, Shuro-net is calling the Government of Somaliland to restore to the leaders of Qaran Political Association their freedom earliest possible, and to settle the differences with them through dialogue and understanding.

Advice

Shuro-net is calling the Government of Somaliland to:

Release as soon as possible with out condition all detainees in Somaliland prisons that kept there with out the order of a court of law.
Restore to the leaders of Qaran Political Association their freedom as soon as possible.
Stop the unlawful arrest of citizens and instead to follow the due process of law to detain people.
Must bring before the law all government officers and functionaries of law enforcement agencies in Somaliland who commit violations against human rights and stop them, as happens now, to use the national uniforms as the shields to cover their bad deeds.

Zamzam Abdi Adan Mubarik Ibrahim Aar

Chairperson Shuro-net Director Shuro-net

Somaliland Times

Government Led “Coup D'état” against Shuro Net

Issue 301

Thursday's Shuro-Net press conference

Hargeysa, Somaliland, October 27, 2007 (SL Times) – An extraordinary annual general meeting (AGM) held in Ambassador hotel by the local human rights umbrella group “Human Rights Organizations Network” (SHURO-net) was said to have elected a new chairman, vice-chairwoman and secretary general as the group’s board of directors.

The meeting was opened by the government minister of Family Affairs, Fatuma Sudi Hassan and was addressed and attended by government ministers and various departmental ministry heads and officials from the State National Human Rights Commission. The main government and independent media organizations were also present to cover the meeting.

Shuro-net is the biggest human rights organization in the country, an umbrella group made up of 70 local NGOs working/involved in human rights issues in all parts of Somaliland’s six regions. An organization of this size and magnitude holding an extraordinary AGM is bound to attract the attention and interest of the government, civil society and the local media. What was unusual in this meeting was that the group’s board of directors and executive committee were not present. Moreover, the group’s 70 member-organizations were not present in Wednesday’s extraordinary AGM in Ambassador Hotel.

The meeting was even made more bizarre by the fact that it was chaired by the vice-chair of the national state-government Human Rights Commission, Mrs. Lul Hassan who is not a member of the umbrella group of members. Furthermore, the so-called newly elected chair of the new board of directors is Mr. Abdillahi A Omar (Wayab), a current employee of the ministry of information and heads the Somaliland National News Agency which falls under the ministry of information’s authority. Mr. Omar Wayab is not a member of Shuro-net. He took part in the meeting as representing ‘Somaliland Journalists Association (SOLJA)’, an organization belonging to one of the group’s lists of member organizations. Despite the fact that SOLJA has refuted Mr. Omar’s claim in the media and said that he ‘did not represent the organization’, nonetheless, he was elected to the board chairmanship in the name of SOLJA.

The heavy presence of local police contingents in and around the Ambassador Hotel’s grounds during Wednesday’s extraordinary AGM added to the unreal and puzzling aspects of the meeting.

The government’s involvement in organizing Wednesday’s meeting was obvious and it shows the extent to which the government will go in silencing organizations critical of its policies and conduct.

The government, particularly the Ministry of Interior, Ministry of Justice, Ministry of Family Affairs and the national Human Rights Commission all played a part in organizing Wednesday’s (Shuro-net) extraordinary AGM and orchestrated the entire event in order to get rid of the present Shuro-net board of directors and its executives.

On Thursday, Shuro-net board of directors and its executive committee members held a press conference in the organization’s headquarters in Hargeysa to prove the fake nature of Wednesday’s Ambassador Hotel meeting. Shuro-net board of directors and executive officers that were present at the press conference were: Mrs. SamSam Abdi (Shuro-net’s chair of the board of directors), Mr. Mubarik Ibrahim Aar (Executive Director), Mr. Muhamad Abdalla (Executive Committee Member), and Mr. Ibrahim H. Muse (Executive Coordinator).

The board and executive members of Shuro-net said that at first they had their suspicions that the government was behind the recent fake documents that were circulated to the organization’s members during the past fortnight informing them of Wednesday’s extraordinary AGM.

“All our member-organizations called us to find out the cause and purpose behind the sudden scheduled extraordinary AGM and were perturbed when we informed them that we were not aware of this extraordinary AGM notices, and that emails and letters purporting to be from Shuro-net’s officers from the group’s headquarters in Hargeysa are forgeries,” said Muhamad Abdalla, a member of the executive committee.

Shuro-net officials in charge of the organization said that they received copies of the emails and letter documents distributed to their member organizations. They explained that they were shocked to find the group’s logos, letter-heading and official seal stamps used in the documents and emails sent to the groups’ members informing them of the extraordinary AGM.

“The unfortunate thing in all this is that the government has forged persons and stationary logos and official stamp seals belonging to the organization, so as to create a clone in the image of the umbrella group and destroy the authentic Shuro-net organization. What worries me the most, is not just the ruin of Shuro-net, but what this holds for the future of existing companies and civil societies that registered with the government in the belief that their companies and organizations names, symbols and logos are safe from abuse by fraudsters and impersonators,” stressed the coordinator of Shuro-net executive committee, Mr. Ibrahim H Muse in Thursday’s press conference held at Shuro-net headquarters. Mr Muse urged parliament to investigate this serious case involving the government.

Organizations belonging to the group who were present in the press conference held by Shuro-net executives on Thursday were: Nagaad, Havayoco, Sonyo, Samatalis and Solja. All issued statements in support of the current Shuro-net board of directors and executive committee members and declared Wednesday’s extraordinary AGM held in Ambassador Hotel as ‘not belonging to the Shuro-net umbrella group”.

Meanwhile, SL Times has received unconfirmed reports that the government has made preparations to break into the Shuro-net offices and headquarters in Hargeysa, on Saturday, to install the board of directors who were elected on Wednesday at Ambassador Hotel.

Source: Somaliland Times

Conflict Resolution and Peacemaking Meetings in Buroa, Somaliland on 16th October, 2007

2007-10-31T06:35:00.000-07:00

By Malik Jeylani Sheik

16^th October, 2007

The Somaliland government and Habar Yoonis and it is Muse Care sub-clan elders in Buroa meet today to discuss about peacemaking and resolving the conflicts between the Somaliland Government and the local especially in the issues of the recent two arrests and detention of the Qaran political association members on Thursday October 11, 2007and the arrests and detention of three clan elders on Wednesday October 10, 2007. The meeting took place in Buroa and there were about 300 participants. The Somaliland governments Minister of Industries Mr. Mohamed Suleiman and other security official from the Buroa region were representing the government in the meeting. The Habar Yoonis Clan elders were represented by 18 Chief Aqil’s and other local elders, intellectuals, religious leaders and youth representatives.

According to sources the government’s administrator in Buroa blamed all the responsibilities and faults of the recent clashes to the government, as it failed in many aspects of the law and order including not even advising his office about the government’s intentions and this shows that the government failed to abide by the rules of the land as it arrested and detained citizens without warrant solely on the basis that the Minister of Finance Mr. Husein Ali Du’ale (a.k.a. Mr. Awil) had given orders the police chief in Buroa and Hargeisa to carry out the arbitrary arrests on Wednesday and Thursday. This clearly shows the lack of the impartiality of the judiciary system in Somaliland and it shows that Mr. Awil is superior than the law of the land as he can order the arrest and detention of the citizens even though he is not a judge, court official, police and not even being the President, this clearly shows that President Riyaale is not in charge of his administration as his minister is dealing the courtry as he feels fit and one wonders if President Riyaale interest of the Minister of Finance Mr. Awil is greater than the interest he have for the nations stability and security.

Two of the clan elders who spoke in the meeting were Mr. Mohamed Abdullahi Gas and Mr. Ahmed Sudani and they both stated that the government should accept responsibility of the clashes and should pay any compensation to the deceased member’s families and the injured individuals. They also demanded from the governments to release all of the arrested and detained Qaran political association members and supporters that were arrested in relation to the government’s tension with the Qaran political association. They further advised the government to understand when it want to deal with matters relating with conflict resolution to identify the source of the conflict and deal with it in a fair, compromise and negotiation with all the relevant players or parties. They told the government releasing the last two arrested and detained Qaran leaders will not be in use if the government does release the Qaran political association leaders which they arrested and detained on July 28, 2007. They also advised the government to honour the nine Somaliland Committee members reconciliation decition which the government agreed to release unconditional the Qaran Political association Leaders with those Somaliland elders and back tracking that agreement will only create more misunderstanding and mistrust between the conflict parties.

The Minister of Industries Mr. Mohamed Suleiman who spoke in the meeting on behalf of the government had accepted wrong doings and stated that the government will compensate the families of the deceased members and the injured individuals in the recent clashes in Buroa, Somaland which happened on Thursday, 11 October, 2007 the Eve of the Eid Fitr. The Minister stated that the government will release the two Qaran members who were arrested and detained on Thursday October 11, 2007. The Minister also stated that he is not authorized to discuss about the issues of the arrested and detained Qaran Leaders who were arrested on July 28, 2007 but he assured the meeting participants that he will take their message to the government which they will discuss accordingly. The ministers also made two demands from the local clan and meeting participants which are the following.

1. That the local clans members to show restraint and respect for the security of the state.

2. That the local clan members who were involved in the recent clashes return two rifles that they took from the government’s security forces during the clash.

The meeting was concluded on the above understanding. The Local clan elders hope that the government will honor it is statement of releasing the latest arrested two Qaran members unconditionally and will discuss about the release of the other Qaran leaders as soon as possible as it agreed in the meeting. The clan elders hoped that the government will compensate all the deceased and injured members and families in relation with the recent clashes as it agreed in the meeting. The elders also demanded the government to release all other clan elders and supporters that the governments arrest and detained for discussing or supporting the Qaran political association leader’s arbitrary arrest.

I belief people can live and understand together if they abide the rules of the land and the government shows role models to citizens by showing restraint, compromise, negotiation and working with both supporters and oppositions in order to serve the whole of Somaliland Republic’s interest of peace, stability and prosperity. The government should realize that no one should be above the law and that all people starting from the President to the poorest individual of the country’s rights should be protected the same way. If any government official violates the rule of law they should realize they will lead the state into insecurity and instability and the other government official must correct the errors of certain government official in a just manner in order to maintain the public’s trust in the system. May God lead all of us on the righteous path and lead our leaders to the righteous path. No one should be above the law.

By Malik Jeylani

Violations of Human Rights of the Government of Somaliland and the Detention of Qaran Political Association leaders

2007-10-31T05:54:00.001-07:00

Office Telephone: 252 2 517269/ 252 24112633/252 2 4409125/25224481219

E-mail: shuro4rights@gmail.com

Hargeisa, Somaliland

Ref/SHURO-Net/ 0326 /07 Date: 17/10/07

To: H.E. Dahir Rayale Kahin

President of the Republic of Somaliland

Hargeisa

Somaliland

Og: All Human Rights Organizations in/outside Somaliland

Og: All Free Press in/outside Somaliland

Subject: Violations of Human Rights of the Government of Somaliland and the Detention of Qaran Political Association leaders

Detention without trial

Dama Abdi Jama – dead
Farah Ali Mohamed – dead (police man)
Suldan Mohamed Ajab – injured
Hassan Said Sarwel – injured
Mohamed Hassan Aideed – injured
Bidar Muse Weyd – injured (police man)
Faysal Ali Damal – injured

The detention of the leaders of Qaran Political Association

Advice

Shuro-nit is calling the Government of Somaliland to:

Release as soon as possible with out condition all detainees in Somaliland prisons that kept there with out the order of a court of law.
Restore to the leaders of Qaran Political Association their freedom as soon as possible.
Stop the unlawful arrest of citizens and instead to follow the due process of law to detain people.
Must bring before the law all government officers and functionaries of law enforcement agencies in Somaliland who commit violations against human rights and stop them, as happens now, to use the national uniforms as the shields to cover their bad deeds.

Zamzam Abdi Adan Mubarik Ibrahim Aar

Chairperson Shuro-net Director Shuro-net

Letter from The Rt Hon Lord Malloch-Brown on Arrests of Qaran Politicians

2007-10-08T04:56:00.000-07:00

Letter from The Rt Hon Lord Malloch-Brown Minister of State to Lord Avebury, 16^th Sept 2007

The Rt Hon Lord Avebury MP
House of Lords
London
SW1A OPW

Dear Lord Avebury,

Thank you for your letter of 20 August about making representations to the Somaliland Authorities regarding the arrest and detention of three politicians on 28 July 2007. I am replying as Minister responsible for Africa

The Government has been encouraged by the very good progress that the Somaliland authorities have made on democracy and stability. However we recognise that further improvements in democratization and governance are needed. We are actively encouraging, and provide significant assistance to, the Somaliland authorities to ensure progress is maintained.

We too have been concerned by some of the recent events, including the arrest and detention of members of the Qaran Association. Progress on democratisation is a major asset to Somaliland’s ambitions and any regression will affect the international community’s view of them.

The UK joined other international partners in August 2007 in sending, through the Somali Democratisation Steering Committee, a strong message to President Riyale requesting the Somaliland authorities address the detention of Qaran Association members. This letter also pointed out that donors will continue to invest in Somaliland on the basis of progress on democratisation being maintained.

The Rt Hon Lord Malloch-Brown
Minister of State

Source: Lord Avebury

The Delayed Release of Imprisoned QARAN Leaders: Procedural Hurdles?

2007-10-08T04:53:00.000-07:00

The Delayed Release of Imprisoned QARAN Leaders: Procedural Hurdles?

By Ibrahim Hashi Jama
www.somalilandlaw.com

22 September 2007

The EPMP negotiated agreement

Somalilanders everywhere welcomed recently the announced settlement on 20 th August 2007 of some of the disputes between the President and the House of Representatives which have been raging almost since the directly elected House took office in October 2005. The settlement which was facilitated by an Eminent Persons Mediation Panel (EPMP) (consisting of famous poets, academics and religious leaders[1]) included the release from prison of t he Chairman and the two Deputy Chairmen of Qaran political association, Dr. Mohamed Abdi Gaboose, Mr Mohamed Hashi Elmi and Mr Jamal Aideed , who were arrested on 28 July 2007 and were sentenced, by a Regional Court on 19 August 2007, to imprisonment of three years and nine months, as well as an automatic disqualification from public office[2] (and, even, from the right to vote) for 5 years.

The EPMP settlement term relating to the QARAN leaders, which was one of the three[3] main terms, was worded as follows:

“3. That the three imprisoned politicians be released, their political rights and freedoms be restored and that matters which they raised are considered by others[4] whilst they are free. It is incumbent on them that they must not undertake any campaigns which would harm the public order.”

In Somali:

“3. in saddexdii siyaasi ee la xidhay la sii daayo, xorriyadoodii siyaasadeedna la siiyo, arrinka ay ku doodayaana lala eego, iyagoo debeda jooga. Waxaa iyagana lagga rabaa inanay gelin abaabul nabadgelyada wax yeela.”

The House of Representatives promptly fulfilled the settlement term addressed to it (i.e the first of the main three terms, which related to the disputed nominations to the National Electoral Commission[5]) and the EPMP then started expressing their concerns, in public interviews, about the delayed implementation of the terms which the President agreed to fulfil. The widespread concern about the continued imprisonment of the QARAN leaders was manifested in public demonstrations held in Hargeisa and Burao on 12 September 2007, which were promptly condemned by the Government as being illegal and politically motivated.

The EPMP members, in an interview on 7 September 2007, confirmed that they have asked the President to consider ways of releasing the QARAN leaders without the latter submitting requests for a pardon, but in a widely publicised interview, following the demonstrations, the President insisted, on 13 September 2007, that he will agree to a pardon on condition that the three leaders request it formally. The President repeated that he is prepared to pardon them but he knows no other way than for the leaders to petition for clemency. This same view was expressed by the Secretary General of the governing party and, in an unnecessarily confrontational interview, by the Deputy Minister of Justice. The QARAN leaders have already repeatedly stated that they have not committed any crimes and therefore do not seek any pardon, and in any case the Mediation process was conducted between the President and the House of Representatives, which considered the QARAN leaders’ imprisonment as amounting to an issue of conflict between them and the Government.

A procedural hurdle?

It has been over a month since the mediation agreement was announced, and despite the President’s agreement that the QARAN leaders will be released, they are still in jail in Mandhera prison. Whatever the reasons for the delay in the release of the QARAN leaders are, the President’s expressed difficulties appear to be based on the procedural issue as to how the release should be effected. Both the President[6] and his Deputy Justice Minister stated that there is no other “legal” way that the release could be done other than through a formal request for a pardon, whilst the EPMP and QARAN leaders argue that as the release has been agreed in principle, all that it needs is for the President to implement it by a decree. The President and his advisers appear to be relying on the procedural Article 255 of the 1963 Somali Criminal Procedure (CPC) which deals only with individual pardons requested by convicted prisoners and which states as follows:

“Measures relating to Pardon & Conditional Release

An appeal for pardon or for conditional release shall be addressed to the President of the Republic and sent to the Attorney General. The appeal shall be signed:
by the convicted person,
by a descendant, ascendant or spouse of the convicted person.
Pardon or conditional release shall be granted by decree of the President of the Republic, having heard the Minister of Grace & Justice and the Attorney General.
In so far as possible, the provisions of Article 254[7] shall apply with regard to the implementation of the decree.”

As explained further below, neither indult, which is a type of impersonal “pardon” applying to all persons in a specific category, nor amnesty are covered by this procedural article, which is aimed at specific “personal” requests for pardons. In any case, amnesty is much wider than pardon in that it can cover not only persons convicted by courts, but also persons who have not even been charged with an offence.

Given the agreement, in principle, for the release of the QARAN leaders, I explore below the options, other than the Article 255 of the CPC route, which are open to the President if, as he has repeatedly stated, he still minded to fulfil his widely publicised declaration to release the imprisoned QARAN leaders.

Somaliland presidential powers

Other than Article 90(5)[8] of the Somaliland Constitution which gives the President the power to exercise pardon and amnesty (cafis iyo saamaxaadda, in Somali), no other laws dealing with this matter have been passed by the Somaliland parliament. To understand the range of these powers, therefore, one needs to examine the provisions of the Somali Penal Code (1962) and the Somali Criminal Procedure Code (1963) which are both still in use in the Republic of Somaliland and which were the statutes[9] used in the case mounted against the the QARAN leaders. In turn, both of these Codes were linked to the 1960 Somali Republic Constitution[10] and an examination of all the three, as well international comparisons, will shed some light on the definition and legal effects of the concepts of “pardon and amnesty” in current Somaliland law.

Whilst the Arabic versions of the words “cafis iyo saamaxaad” are practically interchangeable, there would have been no need for the inclusion of both words in the Somaliland Constitution if they both meant the same. The fact that the two words have been used, and, in the light of the existing Somali law still in force in Somaliland, there are two concepts, which can be translated as “pardon” and “amnesty” that the Constitution is addressing. If that is not the case, and the Somaliland President has the power[11] to “pardon“only, but not the power to grant “amnesty”, then the Somaliland Parliament will have to assume that power, which incidentally, in the 1960 Constitution laid with National Assembly[12], although the latter could delegate it by law to the President, whilst the President was given the power to exercise “pardon”[13]. It should be noted, however that in presidential systems, like the US, where the Constitution[14] does not mention “amnesty”, the power to pardon has been interpreted as including the power to grant amnesty[15] by presidential proclamation.

Broadly, as set out by a US court "Amnesty is the abolition and forgetfulness of the offence; pardon is forgiveness"[16]. Amnesty usually applies to offences whilst pardon applies to specific persons, or in the form of indult, to all persons in a specific category. Also in some countries, including the Somali Republic of 1960-69, amnesty traditionally required a law passed by parliament, but some of Presidential systems (e.g the new Eastern European constitutions) assign both powers to the President[17].

Following the Somali Republic Constitution and replicating, word for word, the Italian Penal Code (the Rocco Code), the 1962 Somali Penal Code deals with pardon and amnesty separately. Pardons are dealt with by Article 149 of the Penal Code which refers to “indult and pardon”, the effect of which is that it

“shall constitute condonation, wholly or in part, of the punishment imposed or shall commute it to another punishment…”

“Indult” is a form of a “general pardon” which applies to all persons in a specific category, and hence is impersonal, whilst a “pardon” applies to a specific person, but neither extinguishes linked accessory penalties. A pardon (or an indult) under Article 149 of the Code, therefore, remits only in whole or in part the main punishment imposed (prison or fine etc), but UNLESS the decree provides it explicitly, it does not stop the accessory punishments, such as interdiction (disqualification) from public office, to which the QARAN leaders have been sentenced under the automatic, and in the light of modern human rights law, obsolete provision of Article 102(1)[18] of the Penal Code.

Amnesty is dealt with in the Somali Penal Code under Article 144. Unlike pardons, amnesty extinguishes the offence, as well as the punishment, including any linked accessory penalties, such as interdiction (disqualification) from public office. Amnesty is not just confined to cover criminal charges brought or to criminal convictions in respect of an offence, but it also covers the likely commission of the offence itself. Amnesty is often used for “political” offences and for securing reconciliation and peace.

There are no published procedures for the grant of pardon or amnesty by the Somaliland Presidents, but in the last few years both Presidents Egal and Rayale have exercised this power in connection with:

Individual pardons.

Indults or general pardons to groups of prisoners, sometimes, during Eid[19], in which case, there were no pre-condition that the individual prisoners submit petitions under Article 255 of the CPC.
Amnesty[20] in respect of, for example, those Somaliland persons who attended the Arta Somalian Conference although there was an understandable condition that such persons must first return to Somaliland and request the amnesty formally, as an indication of their allegiance to Somaliland.

In practice, it is the only the first category of individual or personal pardons that the procedures for petitions under Article 255 of the CPC is relevant.

The procedural alternatives to an Article 255 (CPC) pardon

In short, unless President Rayale and his legal advisers believe that he has no power to grant an “amnesty”, in which case this power will now lie with the Parliament, there are two alternatives to individual and personal pardons and these are a general pardon (indult) or an amnesty.

QARAN’s case does have many of the hallmarks of an issue that is suitable for an amnesty, (or failing that a general pardon). The case:

concerns a national political and constitutional issue, which was accepted as such by the House of Representatives and explains why it ended up being seen as part of the subjects of dispute between the House of Representatives and the President;
involves problems based on fundamental political rights and freedoms, the resolution of which are crucial to the onward advance of democracy in Somaliland;
raises issues which go beyond QARAN and also affect the other declared political associations[21] and those waiting in the wings, which are vying for possible participation in the forthcoming local elections in December 2007; and
is likely to affect public order and peace if the continued imprisonment of the QARAN leaders lasts and the underlying issues remain unresolved.

An amnesty which covers not just the QARAN leaders, but also all those who were engaged in setting up the new political associations declared this year readiness for the local government elections in December 2007 will ensure that a line is drawn under what has happened so far and will, as set out in the EPMP agreement then allow time for a serious national discussion the constitutional position in respect of the issues raised by QARAN and others and the other new associations that have, so far, been declared.

Should the President and his legal advisers feel that he has no power to issue an amnesty, the same result can be achieved by the a presidential decree providing an indult (general pardon) in the same format, but adding, for the avoidance of doubt, that the indult also includes all accessory penalties imposed in any relevant conviction. The draft presidential decree ( set out in the attached appendix in Somali) therefore includes references to both an amnesty and an indult, as a belt and braces approach which has indeed been the approach adopted in an “indult” presidential decree on Eid 2003, on which this draft is based. This draft presidential decree covers:

only the new political associations declared so far during 2007; and
is confined to any possible offences, charges or convictions under the Penal Code (and not civil matters) relating to all aspects of the formation, organisation, meetings, assembly, publicity etc of the new political associations in 2007 and up to the date of the amnesty/general pardon decree;
makes clear, for the avoidance of doubt, that all the accessory penalties of anyone convicted by court in respect of this matter, as well as the main punishment, are covered by decree;
exhorts all such associations, persons to safeguard the public order, as agreed in the EPMP agreement; and
comes into effect on the date of its signature by the President.

Final comments

I have heard yet no substantive reasons why the agreed release of the QARAN leaders should not be implemented, and I have addressed the Article 255 CPC point in this article. It is my fervent hope, and that of many Somalilanders, that the delays in the already agreed release of the QARAN leaders have indeed been due to procedural issues only and that the goodwill shown by the President and the House in reaching the EPMP agreement, in the first place, will hopefully come through. The nation (and those of us living abroad) was elated by the successful conclusion of the EPMP agreement on 20 August 2007, which came after the so many false previous dawns promised by the “turxaan-bixin” exercise in 2005 and would urge the President not to let this specific EPMP agreement term fall by the wayside. Whatever political concerns there may be about other EPMP terms relating to the 2007 budget and other constitutional issues, this one concerns the liberties of three citizens who have already been in prison since July 2007. As their release has already been agreed, in principle, surely arguments about procedural matters should not continue to delay their release, especially in this month of Ramadan.

Footnotes

[1] The EPMP, which was formally known as “the Committee for the Resolution of Disputes between the National Councils” (i.e the Council of Government and the Houses of Parliament) consisted of the following members:

Maxamed Ibraahim Warsame (Hadraawi)
Sh. Maxamed Sh. Cumar Dirir
Maxamed Xaashi Dhamac (Gaarriye)
Sh. Ismaaciil Cabdi Hurre
Sheekh Yuusuf Aadan Maxamed
Maxamed Siciid Gees
Prof. Saleebaan Axmed Guuleed
Dr. Aadan Yuusuf Abokor
Siciid Axmed Maxamuud

[2] Article 102(1) of the 1962 Somali Penal Code states: “..... A sentence of imprisonment for a crime for a term of not less than 3 years shall entail ... disqualification from public office for a period of 5 years....”. Article 101(3) explains that temporary disqualification “shall deprive the convicted person of the capacity to acquire, exercise or enjoy during the period of disqualification rights, offices, services, qualities, titles and honours”. The rights are listed in Clause 2 (a) to (g) of the same Article, and include “the right to vote or to be elected and every other political right” and the rights to hold public office, academic positions, stipend or pensions of the state etc. These provision mirror Articles 32 and 28 of the 1930 Italian Penal Code.

[3] The other two terms were:

That the two Guurti nominees for membership of the (Electoral) Commission be re-submitted to the House of Representatives for a vote.
That the (2007) Budget be implemented as approved by the House of Representatives.

In Somali:

In Golaha Wakiillada marlabaad la horgeeyo labadii Xubnood ee Guurtidu, komiishanka u soo magacowday oo loo Codeeyo.
In Miisaaniada loogu dhaqmo sidii Golaha Wakiiladu ku ansixiyeen.

[4] Including, presumably, the Government.

[5] The House re-considered on 27 August 2007 the two Guurti nominees and rejected them again, and then considered their replacements on 3 September 2007 and endorsed their appointments with an overwhelming majority.

[6] For example, the President, in his BBC interview on 13 September 2007, stated that he knew no other way to release of the QARAN leaders unless they applied for a pardon (presumably under Article 255 of the CPC, above)

[7] This Article confirms that after the offence and punishment becomes extinct (as a result of a pardon), the court shall declare it so.

[8] “Article 90: The Powers of the President

The President is the Head of the nation and the state, and is the symbol of the unity of the citizens of the Republic of Somaliland. He is responsible for the care of the nation’s resources, the protection of the peace, the advancement of the society and the proper conduct of the administration of the state. In order to fulfil these responsibilities, the President shall have following powers:
.......

Without prejudice to the principles of just retaliation (Qisas) and the limits under Islamic Sharia, the exercise of pardon and amnesty, and the grant of political asylum after consultation with the appropriate bodies.”

[9] The charges against the three leaders were laid under Articles 231, 505 and 510 of the Penal Code.

[10] It is no accident that many provisions of the “democratic” Somali Republic 1960 Constitution have been reflected in the Somaliland Constitution.

[11] In view of Somaliland’s history of dictatorial government (during the 70s and 80s) which the preamble to the Constitution points out, Article 90, lists the powers of the President and limits them to those given to him by the Constitution and other laws. This therefore re-emphasises that Somaliland’s presidential powers are based on the constitution and the law and not on a general prerogative or stewardship power. The preamble is a guide to the interpretation of the constitution and its call for vigilance against dictatorship means that the powers of the Presidency and the executive have to be interpreted narrowly and strictly within the provisions of the constitution and the laws. Note also that even the emergency and war making powers of the President are also circumscribed in Article 92.

[12] See Article 64 of the Somali Republic Constitution 1960:

“Amnesty and Indult

1. The power of granting amnesty and indult may be delegated to the President of the Republic by a law approved by the Assembly, by a two-third majority of the deputies.

2. Amnesty and indult may not be granted in respect of offences committed after the presentation of the draft law on the delegation of powers.”

[13] Article 75 of the Somali Republic Constitution 1960:

“Powers and Duties

The President of the Republic shall exercise the functions conferred upon him by the Constitution and by law, in the legislative, executive and judicial fields. In addition, he shall:
…..

c) grant pardon and commute sentences;”

[14] The US Constitution (Article II, S.2) uses the phrase “reprieves and pardons for offenses against the US except in cases of impeachment”, but this has been held to include full pardon, conditional pardon, commutation, remission, and reprieve .

[15] President Carter, for example, proclaimed that all persons convicted of certain offences under the Selective Service Act were to be unconditionally pardoned, and all pending cases closed.

[16] State v. Blalock , 61 N.C. (Phil. Law) 242, 247 (1867).

[17] An example is the Moldava Constitution.

[18] See footnote 2 above for the details of Article 102. Automatic blanket denial of voting rights to convicted persons have been held to be contrary to modern human rights – see, for example the the Canadian Supreme Court case of Sauve v. Chief Electoral Officer of Canada (1995) 132 DLR (4th) 136, and the ECHR decision of Hirst v. United Kingdom (No.2) of March 2004.

[19] One of the last “indult” presidential decrees was on 09/02/2003 when 368 prisoners were offered an indult, with the decree specifically excluding persons convicted of various listed offences.

[20] One other main example of an amnesty in Somaliland, which predated the Constitution, is the one agreed between the Somaliland communities at the Burao 1991 Grand Conference.

[21] QARAN was declared on 5 April 2007. Although it is not clear how substantive their support was, a political association called Badbaado was declared on 27 June 2007 and another one called Gude Gude was declared on 25 July 2007.

APPENDIX: DRAFT Presidential Decree based on Previous “General” Pardon Decrees

Madaxweynaha Jamhuuriyadda Somaliland:

Markuu arkay : Qodobka 90aad, xubintiisa 5aad ee Distoorka Jamhuuriyadda Somaliland oo ku saabsan awoodaha Madaxweynaha ee Cafiska iyo Samaaxaada;

Markuu arkay : Qodobka Qodobka 149aad ee Xeerka Ciqaabta Guud oo ku saabsan Cafiska Guud iyo kan gaarka iyo Qodobka 144aad ee Xeerka Ciqaabta Guud ee Ku saabsan Saamaxaada (Amnesty);

Markuu aqbalay : Soojeedintii uu ka aqbalay Gudida Dhexdhexaadinta Golayaasha Qaranka;

Markuu tixgeliyey : In ay haboon tahay in la sameeyo saamaxaad ama cafis guud si loo afjaro arrimihii muranku ka jiray;

Markuu go’aansady: In ay ay waqtigan xasaasiga ah, talaabadani ay maslaxada guud ee wadanaka iyo umudda faai’do u tahay

Wuxuu soo saaray Xeerkan:

Qodobka 1aad

Madaxweynaha Jamhuuriyadda Somaliland wuxu Saamaxaad iyo Cafis Guud u fidiyey dhamaan cid kasta oo lagu eedeeyey dembi ku xusan Xeerka Ciqaabta Guud, ama lagu xukumay ciqaab ku saleysan dembi caynkaas, oo ku saabsan sameynta, abaabulka, shirarka, dhaqdhaqaaqa, hadaladda, qoraalada iyo hawlaha la xhidhiidha ururada siyaasada ee cusub ee jiritaankooda lagaga dhawaaqay wadanka sanadkan 2007.

Qodobka 2aad

Saamaxaadan iyo Cafiskan Guud:

wuxuu ku eg yahay wax allaahe wixii dacdo eh ee ku saabsan arrimaha ku xusan Qodobka 1aad ee dhacay ka hor maalinta uu Xeerkani dhanqangalay;
mana saamaynayo xuquuqaha madaniga ah ee dadweynaha ee la xidhiidha arrimaha kus xusan Qodobka 1aad ee Xeerkan.

Qodobka 3aad

Si shaki looga saaro (for the avoidance of doubt), Samaxaadan iyo Cafiskan Guud, sida ku xusan Qodobka 144aad ee Xeerka Ciqaabta Guud, way tirtireysa dhamaan dembiga iyo ciqaabta guud ee ku xusan Qodobka 90aad ee Xeerka Ciqaabta Guud iyo ciqaabta gaarka ah ee wahilisa eek u xusan Qodobada 92/93 ee Xeerka Ciqaabta Guud, ee lagu xukumay qof kasta oo ka mid ah dadka ku xusan Qodobka 1aad ee Xeerkan.

Qodobka 4aad

Waxa dhamaan dadka Samaxaadan iyo Cafiskan Guud loo fidiyey la xasuusinaya in ay ilaaliyaan xasilloonida guud iyo nabadgelyada.

Qodobka 5aad

Xeerkani wuxu hirgelayaa marka uu saxeexo Madaxweynuhu, waana in ay Saamaxaadan iyo Cafiskan Guud fuliyaan isla markiiba Xeer-ilaaliyaha Guud, Taliyeyaasha Xabsiyada iyo Booliiska iyo Garsoorayaasha Maxkmadaha ee ku haboon.

By Ibrahim Hashi Jama
www.somalilandlaw.com

Source: Somaliland Times

http://www.somalilandtimes.net/sl/2007/296/050.shtml

Arbitration committee addresses deadlock

2007-09-14T06:03:00.000-07:00

Arbitration committee addresses deadlock

During the first week of August, an arbitration committee composed of prominent poets, clerics and intellectuals was set up to mediate the longstanding deadlock between Somaliland's executive and the Lower House of Parliament. The agreement mediated by the group of nine was released on August 21, 2007.

Three important political points have been agreed upon:

The House of Representatives should vote again on the two rejected NEC nominees.
The government must apply the 2007 budget as approved by the House of Representatives.
The government must release the three leaders of the QARAN Political Association. Their right to participate in politics must be reinstated. Their case must be heard when they are freed. They must also not engage in campaigns that might threaten peace.

All the political actors have agreed on these points. The mediation committee has also advised the government to implement the following steps:

The government should present to the House of Representatives all agreements and pacts that it reaches with foreign countries and companies.
The government should on time present to the House of Representatives the annual financial reports.
The government should present to the House of Representatives its yearly political program at its appropriate time.
The President should present to the House of Representatives his annual speech as mandated by the Constitution.
Law must be followed when arresting people.
Generally all branches must respect the constitutional powers of other branches.

The members of the arbitration committee include:

Mohammed Ibrahim Warsame (Hadraawi), Poet
Sheikh Mohammed Omer Dirir
Mohammed Hashi Dhama (Gaariye), Poet
Sheikh Ismael Abdi Hurre
Sheikh Yussuf Adan Mohammed
Prof Suleiman Gulaid (Amoud University)
Dr. Adan Yussuf Abokor
Saeed Ahmed Mohamoud
Mohammed Saeed Gees (Academy for Peace and Development)

http://www.apd-somaliland.org/news/20070822mediation.htm

Demonstrations for the release of Veteran Qaran Political Leaders

2007-09-14T05:56:00.000-07:00

Pictures of demonstration in solidarity and for the release of Veteran Qaran Political leaders who liberated Somaliland from the Tyranny and dictatorship of Somaliland. These leaders are honourable and are the pillars of Somaliland's Icon for democracy.

Demonstrations in Burco and Hargeisa after Riyale Kahin went against the mediation committee and refused to release the Veteran Political leaders of Somaliland.

Muj. Maxamed kaahin giving speech

Above: Mujaahid Muse Biixi

Above: Mujaahid Siilaanyo

Above: Mujaahid Cabdiraxmaan Aw Cali Faarax

Photo: by Shiine Cilmi - SDWO News Desk - Hargeisa

The above speakers are SNM Veterans who are also leaders of the Main Opposition Party giving their support and solidarity to their comrades who are in prison (the leaders of the Qaran Political Association). These demonstrations show how Somaliland can withstand the challenges of Peace and Democracy. This kind of spirit for peace and freedom for justice is the key principles of a unique nation inspiring to become an example for the rest of Africa. This is a historical demonstration one that history will judge for centuries to come and example for the future leaders of Somaliland.

The arbitration committee including prominent poets, clerics and intellectuals who mediated between Somaliland's executive and the Lower House of Parliament. Their efforts failed afterwards when Riyale refused to honour most of the points he promised to fulfill and as a result these demonstrations took place in the streets of Burco and Hargeisa.

Somaliland citizens always protect their right to freedom of speech and democracy a cultural value that is part and parcel of their pastoral culture which existed for centuries.

Peaceful Demonstrations by the hard working citizens of Somaliland their aspirations to democracy, freedom of speech and liberty.

Somaliland History 1960-1988

2007-09-14T05:30:00.000-07:00

Hargeisa under siege ( part 2 ) 1988

2007-09-14T05:27:00.000-07:00

Hargeisa under siege ( part 1 ) 1988

2007-09-14T05:26:00.000-07:00

Song of Liberation from the Dictatorship of Siad Barre

2007-09-14T05:06:00.000-07:00

SNM Freedom Fighter Heroes including women

2007-09-14T04:56:00.000-07:00

Harsh Sentence for Qaran party leaders

2007-08-28T11:11:00.000-07:00

Mandhera, Somaliland, August 25, 2007 (SL Times) – The three Qaran party leaders held in Mandhera prison were convicted by Hargeysa regional court on 20 August 2007 for an array of sedition charges and for illegally forming a political party, according to the prosecution. All three defendants were given a prison sentence of three years and 9 months and a 5 year ban from holding public office.

The three leaders of the Qaran party, Muhammed Abdi Gabose, and his two deputies, Muhammad Hashi Elmi and Jamal Aideed, have been held, since 28 July, in Mandhera prison, near the coastal port city of Berbera. They were charged with "engaging in unauthorized political activities” and “putting the good name of the head of state in disrepute”.

The trial was conducted in Mandhera Police Academy which is located less than 500 meters from where the defendants are held in Mandhera prison.

The defence counsel boycotted the two-day trial because, as they put it, “the Hargeysa regional court has does not have the mandate and the capacity to litigate on matters of constitutional issues, and this case is a matter for the Constitutional and Supreme Court to address”. The defendants added that ‘they had sent to the concerned body their written objections to the case, long before the court trial was scheduled, and that as is the norm, the court judge presiding in this trial, should have cleared with the defence counsel the concerns addressed in their letter to the regional court, prior to the opening of the case and its being tried in court’.

The Hargeysa regional court’s ruling and prison sentence of the Qaran leaders has been widely condemned by the opposition party, Kulmiye, as well as local and international civil organisations.

Source: Somaliland Times

http://somalilandtimes.net/sl/2007/292/3.shtml

Somaliland Mediators End Government & Parliament Deadlock

2007-08-28T10:41:00.001-07:00

The arbitration committee delivering their press statement

Hargeysa, August 25, 2007 (SL Times) – A group of prominent S/land figures announced on Monday that they have reconciled the long-standing dispute that divided the executive and the lower house of parliament over the national budget (2007) and the issue of the remaining National Election Commission (NEC) board nominees waiting for parliament’s endorsement.

The group, known as the arbitration committee, took the initiative to resolve the deadlock between the government and parliament as well as the issue concerning the detention and trial of Qaran party leaders.

The nine member committee, composed of poets, clerics, intellectuals and senior academics got the backing of the government and the lower house of parliament chair committee to resolve the deadlock.

They began their mediation efforts in the first week of August, holding extensive talks with the government, the lower house, and the two major political parties (Kulmiye and Ucid). The mediation committee managed to secure a consensus among all the stakeholders to accept a three point accord drawn up by the arbitration group.

This was made public by the arbitration group in a press statement issued on 20/08/07. The press statement said, “having listened, looked at and studied the different points of views and arguments held by the government, the chair committee of the lower house and the opposition, we have reached a three point accord and a set of recommendations which both the government and the lower house chair committee have accepted:

1. That the lower house of parliament will refer the two remaining election commission candidates (nominated by the upper house), to a vote in parliament.

2. That the government accepts to put into practice the endorsed amendments made by the lower house on the national budget 2007.

3. That the government will ‘unconditionally’ release the detained Qaran leaders and remove all restrictions in their movements and to resolve the issue of legitimacy concerning the status of their Qaran party in a civil and legal manner. In addition, the Qaran leaders should not get involved in activities which might endanger the peace and tranquillity of the country.

The arbitration group also addressed the government; a) to submit all treaties and agreements made to date with foreign firms and governments for parliament to ratify, b) that the government should submit on time the annual state audit and its accounts, c) that the government should produce and submit to parliament its political programs and policies, d) and the president should present the constitutional annual speech to parliament, e) all arrests and detentions should be executed according to the tenets of the constitution, f) in general, all state branches should perform and execute their duties within their defined constitutional limits and power.

The prominent group that arbitrated and reconciled the government and the lower house is chaired by the legendary Somali poet, Muhammed Ibrahim Warsame (Hadrawi), and includes Sh. Muhammad Omar Dirir, the great poet Muhammed Hashi Dhama (Gaariye), Sh. Ismail Abdi Hure, Sh. Yusuf Adan Muhammed, Prof Muhammed Saeed Gees, Prof Suleiman Ahmed Guled, Dr. Adan Yusuf Abokor and Saeed Ahmed Muhammud.

Source: Somaliland Times

http://somalilandtimes.net/sl/2007/292/1.shtml

Sanity prevails in Somaliland

2007-08-28T10:38:00.000-07:00

EDITORIAL

Just when it seemed as if the crisis in Somaliland would get deeper and deeper, Somalilanders managed to find a way out. It came in the form of a nine-member committee who took the initiative and offered their services to mediate the nasty conflict that had paralyzed political life in the country. Once their offer to mediate was accepted by the main protagonists in the conflict, the committee set out to work without much fanfare, and soon enough they were able to persuade the various sides to accept an agreement composed of three binding clauses and six recommendations.

This was no mean achievement, especially given the advanced stage of hostility and mutual recrimination that was prevalent among the competing actors in this drama.

But like all agreements the real test is in the implementation, and so far the signs are encouraging. Parliament has already taken a step toward meeting its part of the agreement by scheduling a session for August 26, 2007 in which it will vote again on the two previously rejected nominees to the electoral commission.

The president not only accepted the agreement but he also invited the members of the mediating committee for a luncheon the next day as a token of appreciation for their good work. Whether the president is complying or not with the clause regarding the budget will not be immediately clear, and will only be publicly known the next time parliament discusses the issue and facts and figures are examined. The matter of Qaran leaders has two aspects: (a) their release from jail; (b) their political status. Their release from jail is much easier to fulfill since the accord the president reached with the mediation committee amounts to a pardon. But the long-term question of their political status (and that of their party) still remains to be settled.

The committee did not directly address the question of the political status of Qaran leaders or Qaran Party, and rightly so, since that was beyond their writ; however, they did point the way toward a solution. First by restoring to Qaran leaders their political rights, and, second, by saying that the issue which they have raised should be given due consideration once their freedom is restored. In other words, Somaliland’s stakeholders should begin a dialogue about political parties and related constitutional matters.

Given the fact that most of the clauses in the agreement required concessions from the president, some might say that the president lost and his opponents won. But that would be an erroneous reading because it would have been fatal for the president’s political future for the logjam to continue and the date of elections to get nearer and nearer. What the mediation committee did, in effect, is that it gave the president and all the concerned parties a formula for climbing down from their positions without losing face.

A question that is often asked is why did the Gurti fail in mediating this conflict and the mediation committee succeed? Answer: the Gurti were a part of this conflict but the mediation committee was not. No disrespect to the Gurti, but this time they dropped the ball. However, Somaliland is lucky, and when that happens, its other sons, daughters, and institutions pick up the ball, run with it and score. This time it was the turn of Hadrawi, Dirir, Gaarriye, Gees (Academy for Peace and Development) , Suleiman Guleed ( Amoud University), Ismail Hurre, Adan Abokor, Muhammad Adan and Said Mahmud, and they scored big. Three cheers for them

Source: Somaliland Times

http://somalilandtimes.net/sl/2007/292/16.shtml

Letter To The President Of Somaliland

2007-08-28T10:34:00.000-07:00

By Hussein Abdi Hussein; Doha-Qatar

Dear Mr. President

I profoundly commend this unrecognized party and its leaders which is not so far legally registered but had begun informal political activities in advance of the local elections expected to be held in December 2007. Sincerely, this was disgraceful not merely on one nation, but on a doctrine of respect of Somaliland constitution cherished by all Somaliland people. I urge the States of Somaliland and its society to irreverently condemn such misdemeanor, to bring to justice those who are responsible, and to prevent its repetition. But in one condition;

Whatever the response to this annoyance, it should not validate any nuisance. Rather, it should uphold the values that came with Somali Landers self proclamation, the principles of a democratic society, the accountability of the government and international law, and merge the requirements of security with the demands of liberty. We should be as vigilant in defense of the Constitution as we are firm in the fight against such crimes. That is the way we differ with the autocratic counties.

There is also a danger that some people may cynically take government act against those perpetrators as ethnic related crisis and of the "Reer Hebel" cause to justify their own internal repression, as we seen now since the day they were arrested, people calls (BAAQ) from abroad seems having a taste of ethnical issues, and expect that the Somaliland government will take accountable task to break its accuracy. The government should send a strong signal to those seeking to join this kind of inspiration, that it (government) will not tolerate oppressive opportunism in the face of this calamity.

Our background is

As we all know, the States of Somaliland has proclaimed its independency half of century earlier and not today. This proclamation comes from indignation endured with our alliance with Somalia, subsequent mistakes and eager to have our own republic and self being, lots of people lost their life and goods for this homeland and we are not today standing by loosing it so quietly. 'The iniquity began from the very start. There was a very disproportionate representation in the Parliament. The capital city became Mogadishu – in the South. The president was a southerner…the prime minister was from the south. So frustration began from the start.' Today things have changed and members of Somaliland's parliament represent all clans, which resolve the issue of division along regional or tribal lines. We have a multi-party constitution approved by referendum, we have our own capital and democratically elected the president, the vice president and peace is a tribute we gained from god and by this we (Somali Landers) are against anyone who'll not meet the terms of our constitution and government. So then we should pin down any perpetrator for his act and their accomplices and avoid harming the international human right but justice should be done.

But let be this first lapse a lesson and let me please ask you Mr. President to a wholehearted release of Mohamed Abdi “Gabose”, Mohamed Hashi Elmi, and Jamal Aideed and the Registration of the Qaran Party for the sake of our Republic. We don’t want these people considered as prisoners of conscience and be detained without charge for a prolonged period or subject to an unfair trial which may have consequences in the future.

May god bless you all.

Hussein Abdi Hussein Dualeh

http://www.somalilandtimes.net/sl/2007/291/25.shtml

Lord Avebury's letter to the UK Foreign Office

2007-08-28T10:23:00.000-07:00

Dear Lord Malloch-Brown,

I attach copies of my letter to the President of Somaliland dated August 6, and a note by the East Africa Policy Institute, Democracy challenged in Somaliland. As I’m sure you are aware, the Somaliland government have arrested three distinguished politicians who are said to have broken the law by forming a political association, with the intention of contesting the local elections, and if they do well, of claiming to act as one of the three parties allowed by the constitution, when it comes to the general election. The government appear to be saying that the three existing parties are entitled to remain for all time as the only entities permitted to contest the local elections, and hence that no challenge can ever be made to their exclusive right to participate in the government of the country, but since no charges have been preferred against the detainees or published, the allegations have to be inferred from their statements to the media.

Ever since Somaliland broke away, following the downfall of Siad Barre, friends of the new proto-state here have pointed to the contrast between Somaliland’s maintenance of democracy, human rights and the rule of law, and the anarchy which has prevailed in Somalia. We have tried to help Somaliland towards recognition as an independent state, and I believe this should still be the goal. The obstruction of citizens who want to present a new political agenda by the use of doubtful law is bound to undermine the project, and I request you to express concern on behalf of the UK at the use of detention without charge, denial of access to legal advice, and the proposal to try the detainees in camera in a special court inside the prison. These unlawful processes have already set the cause of Somaliland’s recognition back, and if continued, must inevitably halt progress for the time being. It would be helpful if you were able to underline these points in a message to the authorities in Hargeisa.

Yours sincerely,

Lord Eric Avebury

The trial case of the Veteran Politicians in Mandhera Prison is an Insult to the Constitution of the Republic of Somaliland

2007-08-28T10:11:00.000-07:00

Somaliland International Recognition Action Group (S.I.R.A.G)
London , UK
August 15, 2007

To the Guurti, Parliament and Government of Somaliland

The trial case of the Veteran Politicians in Mandhera Prison is an Insult to the Constitution of the Republic of Somaliland which also annuls the outcome of this illegal Case.

SIRAG is shocked to read about the trial of the Veteran Politicians which is about to take place Thursday 16th of August in 2007 in the notorious Mandhera Prison where Said Barre’s dark history still haunts this prison to date. We see this action not only as a violation and an insult to the Constitution of the Republic of Somaliland but we also believe that it annuls any outcomes that will come out of this illegal court case.

SIRAG stands in solidarity with Lord Avebury from the House of Lords who protested against this decision in his letter addressed to the UK Foreign Office dated August 12, 2007 where he said to quote “Ever since Somaliland broke away, following the downfall of Siyad Barre, friends of the new proto-state here have pointed to the contrast between Somaliland’s maintenance of democracy, human rights and the rule of law, and the anarchy which has prevailed in Somalia. We have tried to help Somaliland towards recognition as an independent state, and I believe this should still be the goal. The obstruction of citizens who want to present a new political agenda by the use of doubtful law is bound to undermine the project, and I request you to express concern on behalf of the UK at the use of detention without charge, denial of access to legal advice, and the proposal to try the detainees in camera in a special court inside the prison. These unlawful processes have already set the cause of Somaliland’s recognition back, and if continued, must inevitably halt progress for the time being. It would be helpful if you were able to underline these points in a message to the authorities in Hargeysa.”

Our solidarity also goes to all those organizations in the Diaspora, humanrights organizations, individuals, members of Parliaments and Guurti and the Elders of Somaliland among others that we did not list who protested against the illegal arrests of these veteran politicians.

Our heart appeals to the conscious leaders of Somaliland including the golden leadership of the Elders of Somaliland who have shown the International Community that Somaliland has a friend to rely on in times of crisis. Somaliland is at cross road today and we will not fail to be silent about it. We can not emphasize enough the setbacks that are upon Somaliland’s spirit towards democracy, human rights and its status on abiding by the International Law if this illegal court case is allowed to proceed which will definitely undermine the Constitution of the Republic of Somaliland and our recognition and inspirations towards democracy.

SIRAG believes that the recognition of Somaliland is in crisis and we appeal to the good people of Somaliland to support the spirit of Justice that Somaliland has always been known for. If the trial goes ahead tomorrow and stains the reputation of these politicians, the citizens and leadership of Somaliland would be seen as a country that did not give their infant democracy the chance to walk on its own two feet. The nation of Somaliland have never known for being a failure and we hope we will live up to our status as strong leaders within the International Community.

In solidarity with the peace and justice loving nation of Somaliland citizens and their Elder Leaders.

God Bless Somaliland, Aamiin.

Marwo Lulu Farah
Chair of SIRAG
www.sirag.org.uk

Shuro-Net: Violations Against The Rights Of The Leaders Of The QARAN Political Organization

2007-08-28T10:06:00.000-07:00

Hargeysa, Somaliland – 14 August 2007

The national network of human rights organizations SHURO-net is always on standby for the protection and promotion of the basic rights of Somaliland citizens in accordance with the Islamic Sharia, the Somaliland Constitution and the International Resolutions on Human Rights.

The Somaliland national network of human rights organizations keeping a watchful and cautious eye on the human rights situation in general and the unlawful arrest of the leaders of the QARAN political organization in particular, are worried about the Somaliland Government’s continuous and increasing violations of the constitutional rights and freedoms of its citizens.

On Wednesday, officials of the Network (Shuro-net) went to Mandhera Prison; on a fact finding mission organized by the National Commission for Human Rights, and met the detained Mohamed Abdi Gabose, Mohamed Hashi Elmi and Jamal Aideed Ibrahim.

The leaders of the Qaran political organization in Mandhera Prison showed a lot of worries about the country’s current political climate and their arrest though they have not committed any crime. The detainees who were in high spirits described their arrest as against the Somaliland Constitution and the Convention of Universal Human Rights.

The human rights network is conversant that the Government has violated the basic rights of the detainees. This was confirmed by the leaders of the Qaran political organization who told that the Government has not so far informed them of the crimes committed, but has placed restrictions on the detainees’ lawyers and relatives to visit them in prison. Also this has affected negatively the visits of the other prison inmates.

The human rights network is worried about the Government’s treatment of the leaders of the Qaran political organizations as criminals although no court has yet found them guilty of any crime. This is against Article 26 (3) of the Somaliland Constitution, which confirms that every one is innocent until proven guilty by a court of law.

The defenders of human rights confirmed to the leaders of the Qaran political organization that they are always ready for any thing that benefits the Somaliland public, and that they are against acts by the Somaliland Government to discredit and insult any one, which is contrary to Article 24 (3) of the Constitution that says that every one has a right to protection of his dignity, reputation and private life.

The fact finding mission of Shuro-net on the case of the leaders of the Qaran political organization found the Government extended the detention of the prisoners without bringing them before a court or informing them personally. Also the Government violated Article 9 (2) of the international convention of ICCPR, which says that every one arrested has a right to be informed immediately the reason of his arrest and as soon as possible the crime he has committed.

The leaders of the Qaran political organization showed grave worries about the justice system of Somaliland and in particular the judge who is handling their case whom they feel is biased and not neutral.

The human rights network confirms in support of Amnesty International’s report on this case that the accused did not commit any crime deserving their arrest, as no breach of peace and security or public order resulted from their organizational activities that were similar to those of the existing political parties which the Constitution allows and they normally carried out before their registration as political parties.

The human rights network, Shuro-net also condemns the unlawful arrest of Mohamed Abdi Jibril and Akil Abdirahman Awale Ogle who were taken straight to Mandhera Prison on the Hargeysa/Berbera road about 93km north-east of Hargeysa. The illegal Security Committee sent these two elders on 30 July 2007 when they spoke out of the arrest of the leaders of the Qaran political organization. These two detainees have so far not been brought before a court of justice while their relatives are not allowed to visit them in prison as confirmed by members of the network.

The human rights network, Shuro-net is worried about the Somaliland Government’s continuing and increasing violations of human rights in the current political turmoil in the country due to lack of cooperation between the Houses of Parliament, which coupled with the differences caused by the annual budget, the formation of he Electoral Commission and the arrest of the leaders of the Qaran political organization, is causing an unnecessary limbo to the budding democracy in Somaliland.

The human rights network, Shuro-net calls the Government to:

1. Release the leaders of the Qaran political organization and the two elders detained by the Security Committee or if they committed a crime bring them before an independent court of law.

2. Stop the rigid confrontational policy of late and return to the save policy Somaliland followed since it reinstated its independence, which were compromise, understanding, consultation and cooperation.

3. Listen to the public cry to release the leaders of the Qaran political organization and the two elders.

4. Protect the basic human rights of the citizens, and to avoid any unlawful method to lose the leaders of Qaran political organization their right to participate in the coming elections.

5. Create a neutral committee that is independent of the three national councils and the political parties to mediate between the two Houses of Parliament.

6. Expedite the Law of Judiciary and Courts to establish a just and independent justice system.

Finally, we call the Somaliland citizens to support the Government in its endeavor of good progress and development, and to correct its possible mistakes without violating the rule of law and good behavior that the Republic of Somaliland has adopted.

Zamzam Abdi Aden
Chairperson Shuro-net

Mubarak Ibrahim Aar
Executive Director Shuro-net

Source: Shuro-net

Rayale Is Making The Same Mistake The SNM Made In The Nineties

2007-08-28T10:05:00.000-07:00

EDITORIAL

When it comes to human rights, Somaliland fares well compared to neighboring countries. For example, prisoners are not tortured or murdered in Somaliland’s jails. As a matter of fact, the country did not have any political prisoners until about three weeks ago. Nevertheless, there has been a steady and unmistakable deterioration in the human rights situation in the country. The problem has two levels: the symbolic and the substantive. On a symbolic level, when Somalilanders elected President Rayale, they knew he was a former member of Siyad Barre’s notorious National Security Service (NSS), but they voted for him anyway because they also knew that he was a former vice-president of independent Somaliland who, along with President Egal, contributed to establishing peace and stability in Somaliland. Thus by voting for Rayale, most of the electorate was voting for Rayale the former president of Somaliland, and not Rayale the former NSS colonel.

President Rayale seemed to understand that and acted accordingly by projecting himself as the person who is capable of keeping Somaliland stable and pursuing international recognition. But recently, it looks like Rayale has changed his mind and instead of acting like the former vice president that the electorate voted for, he is acting more and more like the former NSS colonel that the electorate wanted to forget about. In other words, instead of acting like the new Rayale, he is acting like the old Rayale.

On a substantive level, Rayale’s turn-around is highlighted by a series of actions chief among which is the appointing of former NSS spies to sensitive positions in his administration, and subverting the legal system until it has become no more than an instrument that carries out his wishes.

Early this year, we saw this old Rayale using old NSS methods to put Haatuf Media Network journalists behind bars simply because they dared to write about his corruption.

Late last month, we saw this same old Rayale again in action when he arrested and detained three Qaran party leaders and two community elders because of a constitutional dispute.

Some of the features of these NSS methods that President Rayale’s government deployed against Haatuf Media Network journalists a few months ago, which it is now using against QARAN party leaders are:

- The government has refused the defendant’s bail even though it is highly unlikely that they would skip bail

- The government made it very difficult for the families and friends of the prisoners to visit them by requiring them to get permission from several government offices

- The government has instituted extra police and security controls on the roads leading to the jail where QARAN leaders are being held, with the aim of harassing people who want to visit Qaran leaders

- The case is being tried inside a police/custodial complex

President Rayale’s refusal to act like the president that the people voted for, and his backsliding into the role of an NSS officer is a huge mistake, and it may cost him dearly. The irony here is that Rayale is making the same mistake that his erstwhile SNM opponents made in the early nineties. Back then, the SNM had a mandate to be the governing authority in Somaliland. But instead of getting down to the serious business of governing, they indulged in authoritarianism, arrogance and constant feuding, until finally, the people got fed up with them and put the reins of power in the hands of Egal.

Something similar may be happening now in Somaliland, but the results won’t be known until the next elections, a few months from now. If Rayale suffers the same fate as the SNM, he will have no one to blame but himself, just like the SNM.

Source: Somaliland Times

http://www.somalilandtimes.net/sl/2007/291/16.shtml

SOMALILAND: Leaders of new opposition party arrested

2007-08-28T10:03:00.000-07:00

AMNESTY INTERNATIONAL

Public Statement

AI Index: AFR 52/013/2007 (Public)
News Service No: 151
7 August 2007

SOMALILAND: Leaders of new opposition party arrested

Amnesty International calls for the immediate and unconditional release of three leaders of an emergent opposition party who were arrested in the Somaliland capital of Hargeisa on 28 July.

They are Mohamed Abdi “Gabose”, a neurologist and former minister in the Somaliland and Somalia Governments; Mohamed Hashi Elmi, a civil engineer and former Mayor of Hargeisa; and Jamal Aideed, a telecommunications businessperson. They are respectively the chairperson, the vice-chairperson and the second vice-chairperson of the Qaran party (“The Nation”), which is not so far legally registered but had begun informal political activities in advance of the local elections expected to be held in December 2007.

The Interior Minister had some days earlier warned the three Qaran party leaders to stop holding public meetings and threatened them with serious criminal charges, accusing them of “fuelling unrest”. To Amnesty International’s knowledge, there have been no demonstrations or violent incidents involving Qaran supporters.

The three men are detained in Mandera prison, 70 kilometres east of Hargeisa. They were taken to court and remanded for investigation into alleged unlawful political activities. They have not so far been charged with any offence and have been held incommunicado since 3 August 2007, after initially being allowed access to their legal representatives and families.

Amnesty International considers these three people to be prisoners of conscience. It is concerned that they may be detained without charge or trial for a prolonged period, or subjected to an unfair trial.

Background
In the last elections in 2002, only three political parties (one government-linked and two in opposition) were allowed, due to the proliferation of parties at the time and to prevent the formation of parties based on clan affiliations. There is currently no mechanism for registering new parties as the registration committee was disbanded in 2002.

The Republic of Somaliland declared independence from Somalia in 1991, but has not so far gained international recognition. It is the only part of the former Somali Republic to have established security and functioning institutions of governance, with a government through a multi-party system.

Three previous prisoners of conscience were journalists of Haatuf newspaper. They were detained in January 2007, subjected to unfair trial and variously imprisoned for two years and 29 months, then released by presidential pardon in late March.

AI Index: AFR 52/013/2007

7 August 2007

http://web.amnesty.org/library/index/engafr520132007

Qaran Leaders’ Trial Opens In Mandhera Jail’s Vicinity

2007-08-28T10:00:00.000-07:00

Dr M. Gabose (L), Mr J. Aidid (C) and Mr M. Hashi (R), seen leaving the court room on Thursday, walking back to the prison under escort. (photo: courtersy of JAMHUURIYA Newspaper).

Mandhera, Somaliland, August 18, 2007 (SL Times) – The leaders of Qaran Party, Dr M. Gabose, Mr M. Hashi and Mr J. Aidid who were arrested and jailed by the Somaliland government last month, appeared for the very first time on Thursday, in a specially arranged court in Mandhera police/custodial training school, Sahil region, 93 km northeast of Hargeysa.

The party leaders of Qaran, a non-registered political organization have been held in Mandhera high security prison since their arrest on 28 July 2007 for allegedly `engaging in unauthorized political activities' with the `intent to cause subversion'.

The court trial took place inside the grounds of Mandhera police /custodial academy which is a stone's throw from the high security prison where the party leaders are being held. The trial proceedings were administered under the Hargeysa Regional court’s jurisdiction which undertook special measures to change the location of the trial from the Hargeysa courthouse to the Mandhera district of Sahil region.

The families and friends of the defendants were turned away by police from attending the court trial, so they could not attend.

The umbrella human rights network group Shuranet and the local media were the only people permitted inside the makeshift court room. The majority of people were being turned away from the main Hargeysa and Berbera road by police.

The legal counsel representing the defendants boycotted the trial and argued that `it is not legal for a court of law to hold its proceedings inside a state government institution, and secondly, a regional court cannot hold its court cases in another region outside its region's jurisdiction'.

The court trial opened at 9: AM by Judge Saeed Yusuf Abdi. On opening the court trial, the judge accepted a request from 1st defendant, `Qaran' chairman Dr M. Gabose, to address the court, and he said: "Our legal counsel of representatives had communicated to your office a two point letter stating (1) whether the legality issue of Qaran as a political organisation is permissible or not, is a matter reserved for only the constitutional court of this country, and not within the capacities of a regional court to interpret and make a ruling on, (2) that according to the constitution, a regional court does not have the capacity to hold court proceedings outside its regional jurisdiction, let alone in the grounds of the security and defence forces.

Our legal counsel has been waiting for your response to this letter. For this reason, until we have our legal counsel present in this court proceeding, we are obliged not to cooperate in the trial."

Deputy chair of Qaran party, Mr M. Hashi also requested from the judge permission to speak, the judge accepted.

Mr Hashi said, "We are not party to this trial, nor will we cooperate with the court till we get our legal representation present in court". The same was also said by the 3rd defendant Mr J. Aidid who is the 2nd deputy chairman of Qaran.

The Hargeysa regional court’s prosecutor, Mr Yusuf A Kahin, made a formal request from the court that the legal counsel of the defendants should be held in contempt of court for not coming to court to represent their clients. Mr Kahin requested that the defence counsel should be fined 11 million Sl/sh ($1,800) and barred two years from taking part in legal court proceedings.

The regional court judge said that the court will give the defense counsel 30 minutes to appear in court, and that if they failed to do so, the court will issue a fine 5 million Sl/sh ($700) for contempt and a temperay ban of one year of their court representation licenses. The court then went into a 30 minute recess.

The court returned from its 30 minute recess and there being no sign of the defense counsel, the judge issued a decree against the absent defence counsel that the court has fined them 5 million Sl/sh. for contempt of court and year's ban from taking part in any legal court representations.

The judge said the proceedings will go ahead regardless of the defence counsel being absent, and read three counts of charges brought against the Qaran party leaders:

1. The defendants said that the president had lied regarding the construction of a $300 million cement plant and coal power station at Berbera; the defendants also declared the formation of a political organization which is against the law.

2. The defendants claimed that the Al-Jabri livestock venture was a fabrication and does not exist.

3. The defendants held illegal gatherings in Hargeysa and Gebile and did not take heed of the minister of Internal Affairs' letter which made it known to them that these activities are illegal, and that they should stop.

Among the prosecution’s witnesses who testified during the trial against the defendants were the head of Somaliland CID, Mr Ahmed Ali Shebel, the head of the Western Region's police division, Mr Adan M Guun, the head of Iftin police station in Hargeysa, Mr Muhammad Asye, and the Gebile town police chief, Mr Salah. All gave accounts of the public rallies held by the defendants in Odweyne, Hargeysa and Gebile.

After hearing the testimonies of the prosecution witnesses, the presiding trial judge, Mr Saeed Yusuf Abdi adjourned the court until next Sunday (18/08/07).

Source: Somaliland Times

http://www.somalilandtimes.net/sl/2007/291/1.shtml

The Regional Court of Somaliland has set a hearing date and location for the accused Qaran political association leaders.

2007-08-15T06:30:00.000-07:00

Translated by Malik Jeylani into English

The presiding Judge of the accused Qaran political association leaders has set a hearing date and location for the first time since their arrest on 28^th July, 2007. Released document from the office of the presiding judge in the Qaran leader’s case states that the detainees will be tried on a special court inside the Mandhera prison on Thursday 16^th August, 2007. It is reported that the defence lawyers had already been served with this released document in order for them to prepare their case before the court. When asked the defence team if the special courts inside the Mandhera Prison to be tried to their clients are valid and constitutional, the defence team left short to answer the question as the whole defence team was not present at the time to comment. The Somaliland Government sent to jail Qaran Political association Chairman Dr. Mohamed Abdi Gaboose and his deputies Eng. Mohamed Hashi Elmi and Mr. Jamal Aidiid Ibrahim after the government got an arrest warrant to arrest the accused and the court remand them for seven days on 28^th July, 2007 but are still in jail for more than two weeks now without coming before the court or without being charged.

On the other side, ‘Somaliland Human Rights Organizations Network (SHURO-Net) is a Network of organizations bound together by common responsibilities on the promotion and protection of the Universal ideals of Human rights and fundamental freedoms enshrined in Islamic Shari’a, Somaliland Bill of rights(http://www.somalilandlaw.com/Somaliland_Constitution/billofrisomaliland_constitution.htm ), UDHR and other International Human Rights Instruments. The member organisations aim to reach their main goal through exchange of information, develop a collective voice, amplify their actions, and develop new tools and strategies in pursuing action oriented initiatives to protect all human rights and fundamental freedom in Somaliland territory’ specially the illegal arrest of the Qaran political association leaders. At Shuro-Net we are deeply worried and concern about the continuously path and actions that the Somaliland Government takes lately which violates the constitutional rights and freedom of the Somaliland Citizens.

SHURO-Net have sent a fact finding team who visited the detainees for two hours in Mandhera Prison on Wednesday, this visit was been made possible by the efforts of the National Commission of Human Rights in Somaliland. The detained Qaran Leaders were deeply worried and concerned about the visionless leadership direction and the political turmoil that country is experiencing and the illegal arrests that government arrested them with. The detainees stated that their arrest is political motivated and it goes against the constitution of Somaliland and all International laws specially the human rights laws.

SHURO-Net is aware that the government committed a grave violation against the detainee’s basic rights which is guaranteed by the constitution of the land and the United Declaration of Human rights. These violation are been confirmed by Qaran leaders who stated that since their arrest they were not told the reason of their arrest or charges. The government further made tough rules for the visitations of the detained Qaran leaders which made them not to be able to be visited by their defence team and family members this made them incommunicado. These tough visitation rules directed to the detained Qaran leaders effected the general prison population who also became incommunicado as a result of the government actions.

SHURO-Net is concerned about the government’s treatment to the detainees as the detainees were treated as convicted criminal even though that the detainees are untried prisoner who were not also charged or convicted before the court. These types of treatment clearly violate constitution article 26(3) states that ‘An accused person is innocent until proven guilty in a court’. Qaran Political Association leaders confirmed to SHURO-Net that they always ready and make their first priority the interest of the general public of Somaliland while they protest the government actions and plans to destroy their dignity, reputation and use of force. These actions clearly violates the constitution article 24(3) States ‘Every person shall have the right to have his dignity, reputation and private life respected’.

SHURO-Net after long study on the detained Qaran leader’s case we acknowledge that the government extent several times the remand of the detainees without bringing the detainees before the court and did not explained the extension to the detainees. These actions clearly violates ICCPR 9(2) Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. The Detained Qaran Leaders showed a deep concern about the independence of the current Judiciary system in Somaliland, specially the presiding charge who is dealing with their case as they belief that the presiding judge is not an impartial judge.

SHURO-Net supports the Public statement of Amnesty international in this case and confirms they hold the same view of Amnesty International view that ‘there have been no demonstrations or violent incidents involving Qaran supporters’, all Qaran leaders did was to exercise their constitutional rights to form a political association which the current government it self exercised when they were preparing and forming their political association before they were registered as political association which turn into a political party.

SHURO-Net condemns the further illegal arrests of Mr. Mohamed Abdi Jibril and Chief Abdirahman Awale Ogle accused of setting up a meeting to discuss about the arrest of the Qaran leaders. The two men are detained in Mandhera prison, 70 kilometres east of Hargeisa. Security forces arrested these two detainees and sent them to Mandhera prison even though the security forces does not have a legal ground to send someone to prison without the assistance of the court. These two men were not brought before the courts yet and believed that they are incommunicado.

SHURO-Net is concerned about the Somaliland Government’s constant gross violation of human rights, lack of co-operation between the lower and upper houses, while on the same time there are huge political differences about the government budget, how it was Setup the National Election Commission and the arrests of the Qaran political association leaders shows the lack of leadership vision from the current Somaliland government as it is not in agreement with the newly born democracy of the Republic of Somaliland.

SHURO-Net strongly advices and calls the Somaliland Government for the immediate and unconditional release of three Qaran Leaders and the two elders who were further arrested by the security forces and if the detainees committed a chargeable crime must be brought before an independent and impartial court.

SHURO-Net advices the government to stop the policy of political prisoners and recommends to follow the good policies of the Republic of Somaliland which are based on compromise, negotiation, peace and mutual understanding, co-operation, and other democratic values. The government should listen to the will of the people both inside and outside and in this case it should listen to the request of the Somaliland people which seeks immediate and unconditional release of the three Qaran leaders and the two elders.

SHURO-Net calls for the Somaliland government to respect the basic human rights of the citizens. The government must stay away all illegal actions that it might plan such as political motivated convictions in order to make Qaran leaders ineligible to take part in local election or take part in the politics and the government of their country.

SHURO-Net calls the immediate implantation of the constitution article of the Judiacry and the courts and the implementation of an independent an impartial Judiacry committee. Finally we call the Somaliland citizens to support the government for all good and democratic action it takes, and rectify and correct all bad an undemocratic actions that the government commits, while respecting the democratic values, law and order that Republic of Somaliland bases it is existence from the start.

(Source: http://www.halganews.com//content/view/3375/1/)

Translated By Malik Jeylani into English from the original Somali version

Somaliland's Political Veterans must be released immediately.

2007-08-14T04:18:00.000-07:00

Somaliland International Recognition Action Group(SIRAG)
London, UK
3rd/August/2007

Press Release

SIRAG demands from the government of the Republic of Somaliland for the immediate release of Dr. Mohamed Abdi Gaboose, Eng. Mohamed Hashi Elmi and Mr. Jamal Aideed Ibrahim the Executive Leaders of Qaran Political Association. The government of Somaliland has acted illegally by depriving and denying these citizens of their constitutional rights to appoint a Political Association that will represent their democratic rights as laid down in the constitution of Somaliland. The government of Somaliland should free these political veterans without further delay so that they can get on with their work and complete their milestones within the time frame work that is available for registering political associations. Delaying their
work will only affect the elections and can cause serious results towards the milestone set for Somaliland’s democratic achievements and recognition.

We would like to remind the government of Somaliland, the parliament, Guurtida and Opposition parties of Somaliland that depriving the citizens of Somaliland of their liberties and constitutional rights and jailing them on top of that without a due process of law will only further damage Somaliland’s democratic achievements and recognition. The illegal imprisonment of these politicians have been carried out by the unconstitutional so called Security Committees which should have been
abolished long ago time ago to safeguard the stability and security of the nation.

We stand in Solidarity with the Association of Somaliland Lawyers(SOLLA), SHURO Net Human Rights organizations Network, the Diaspora, members of Parliaments & Opposition Parties and Somaliland’s Political Veterans to free these political prisoners without any further delay.

Year 2007 has been a challenging one for Somaliland’s democracy including the latest imprisonment of Haatuf Journalists where such injustices were protested against both in Somaliland and in the Diaspora along with friends of Somaliland who have been very instrumental in making sure that Somaliland’s democracy goes from strength to strength. The history of
Somaliland will under no circumstances be dragged back to tyranny and the abuse of freedom of speech where ordinary people are subjected to a state where they keep their private thoughts to themselves for fear of disrupting peace. Such actions are the early signs of dictatorial regimes and should not be tolerated. The way forward for Somaliland is to maintain peace and respect of humanrights for all individuals as laid out in the Constitution of Somaliland.

Let us also not forget that these Political Veterans are the icons of Somaliland’s history, liberation, independence and their case of imprisonment should not be taken lightly. It is sad and unfortunate that such Veterans of high status to have been put to such a test where their imprisonment was rushed without balancing it with a common sense. 28th of July 2007 would be a day that will haunt the history of Somaliland for centuries to come. There was a time when these Political Veterans along with their veteran comrades dreamed of reaching the day that they will liberate Somaliland from the tyranny of Siad Barre’s regime persevering with patience against all odds. Somaliland has luckily become the Oasis of Success and Stability in the Horn of Africa as a result of their fruits. These leaders we believe would not sabotage their hard earned vision for a just and
democratic society.

For the record these Political Veterans have chosen to exercise their freedom of speech as free citizens of Somaliland. The Association of Lawyers of Somaliland(SOLLA), SHURO Net Human Rights Organisation, members of Opposition Parties and Parliament, the Diaspora and Somaliland’s Veteran Politicians have all declared their imprisonment as illegal. We believe that their imprisonment has been rushed which only highlights the weakness of the government’s leadership. Sadly such actions will also jeopardise the democratic achievements of Somaliland including our campaigns for the recognition of Somaliland.

We would like to remind the government of Somaliland that the citizens of Somaliland have chosen democracy over tyranny so that they can live in a free society where any one can state his/her own views wherever they may be in an office or open space without fear of any punishment whatsoever. Historically over the centuries Somaliland has enjoyed freedom of speech
through their pastoral culture which compliments the spirit of Democracy in Somaliland in a unique way in a nation where illiteracy is over 95%.

We would like to remind the citizens of Somaliland that the coming elections are the only means they can exercise their democratic rights peacefully. We advise the citizens of Somaliland to always safeguard their security and stability and never comprise their hard earned efforts and achievements towards democracy and peace over the last 16 years.

Somaliland is at a cross road and in order to safeguard the security and stability of the Republic of Somaliland the government of Somaliland must free the Political Veterans of Qaran Political Association without any further delay. The International Community will be watching the progress of this case very closely and turning a blind eye to freeing these politicians would only jeopardize the coming elections and delay the recognition of Somaliland.

God Bless Somaliland.

Marwo Lulu Farah
Chair of SIRAG
www.sirag.org.uk

The Forever And Ever Question

2007-08-13T04:41:00.000-07:00

EDITORIAL

In the raging debate among Somalilanders about President Rayale’s decision to arrest and imprison QARAN Party leaders, the most frequently cited reasons for the President’s action are:

The president believed that he needed to act to maintain peace and order, and was certain that he was legally justified in doing so.
The president got bad advice.
The president was testing the waters and plans to take more drastic steps against his adversaries to improve his chances of holding on to power.

But regardless of the reason behind his decision, it’s a bad decision. It’s a bad decision because it has heightened the atmosphere of discord in the country (the very thing that he was ostensibly trying to prevent). On a symbolic or emotional level, the president’s action goes against the Somalilanders view of their homeland as a free and democratic country with no political prisoners and where political differences are resolved through negotiation and compromise. As a matter of fact, one could go even further and say that the president’s decision is even bad for the president himself, since it can bring no benefit to him and only tarnishes his already battered image.

From a purely political standpoint, everyone knows that the president’s electoral fight will most probably be with KULMIYE, the party he narrowly defeated in the last election. Instead of preparing for that fight, the president has chosen to engage in a side-show with a young unregistered party, unnecessarily alienating potential supporters.

The fact that UCID party leaders sided with the president is not difficult to explain.

Being the weakest one of the three registered parties, UCID is afraid that it may be eliminated altogether if QARAN or any other new party is allowed to participate in the coming election, hence their vehement opposition to QARAN.

Rather than seeing QARAN party as a threat as the president’s party (UDUB) and UCID have done, KULMIYE saw it as an opportunity and welcomed it. This was an astute political move that won KULMIYE a lot of goodwill among QARAN supporters without costing it anything.

As things stand now, QARAN has already done a great favor to Somaliland in that it forced open the issue of whether citizens can form new parties or only the three existing parties can operate in Somaliland forever and ever. This is what we call the forever and ever question or abad al-abidin question. What we mean by it is that if you ask Somalilanders should the country have three parties or more than three parties, most will reply that three parties are enough. But then if you ask them should the three registered parties (UDUB, KULMIYE and UCID) be the only ones that exist in Somaliland forever and ever, or should more parties be allowed to compete and then the three parties with the highest vote should become national parties, most Somalilanders would choose the latter scenario. In other words, most Somalilanders don’t want more than three parties, but they also don’t want UDUB, KULMIYE and UCID to have a monopoly over political life in Somaliland forever and ever.

The government’s complaint against QARAN, that it has engaged in political campaigning even though the campaigning season has not yet officially started, has merit, but this complaint is offset by the fact that the government has disbanded the committee that was supposed to register political parties and has been giving QARAN the run around.

QARAN has moved the debate about the configuration of party politics forward. But there are still important constitutional issues that have to be tackled. For example, if a new party is allowed to compete in the municipal elections and wins, thereby taking the place of one of the registered parties, what should be done with members of parliament who belong to the party that was eliminated? Are they going to be allowed to stay in parliament or would they have to give up their parliamentary seats? Is the new winning party going to have to wait until the parliamentary election to be represented in parliament?

One obvious answer is to move the parliamentary elections closer to the municipal elections, but there are many other constitutional questions that need to be answered. Somaliland will not be able to find answers for these thorny issues by throwing the people who raise them in jail. Instead of jailing QARAN leaders, they should be thanked for starting this debate and should be invited to contribute to finding a solution.

QARAN leaders must be immediately set free.

Source: Somaliland Times

http://www.somalilandtimes.net/sl/2007/289/16.shtml

Rayale And Reptiles: What Have They Got In Common

2007-08-13T04:31:00.000-07:00

By Yassin M. Ismail, Kent, UK

Snakes, crocodiles and most reptiles are known and feared for their reputation of killing instinct and reactionary behavior. Most reptiles are said to be cold blooded, stealth and often strike when least expected. They do so in self-defense.

Unlike amphibians and mammals, particularly predators, reptiles do not choose their prey and often remain hidden most of their time awaiting for their prey to arrive within striking distance.

Snakes and reptiles in general are physically inferior and intellectually deficient compared to mammals and amphibians. They have neither legs to run with nor wings to help them fly and though some of them live in waters their bodies are not particularly designed for life in waters.

In addition, reptiles are intellectually subordinate to both mammals and to some extent amphibians.

Snakes are primitive animals intellectually under-developed due to the size of their brain and the fact that their cerebral cortex is very tiny.

In fact snakes only utilize their lower brain, the medulla oblongata, which is responsible for instinctive life decisions: i.e. defense, eating, reproduction etc.

Snakes are also half blind and do not see very well though they rely on their highly sensitive vibration sensors (their excellent ability to detect sound vibrations).

In other words they listen to the ground to find out if any threat is coming to their way and if there is, they automatically engage themselves in defensive mode once they realize the presence of a danger. Hence whoever crosses their protective lines is potential attacker and instinctively the snakes would automatically strike in self defense.

Scientists say, this reactionary behavior is normal for snakes whose reptilian brain is merely capable of making life decisions and as they are not capable of making consciously thought response their fear and vulnerability overrides their rationality. Furthermore, as cold blooded animals, snakes spend most of their time conserving their energy and sleeping.

But sleeping makes you even more vulnerable to attacks and snakes know that very well. Thus they developed the ability to remain alert even when sleeping.

Imam Hamze Yusuf, an American Muslim scholar once compared the behavioral characteristics of snakes with that of brutal dictators. In a lecture titled the ‘Dangers of Heedlessness’ Imam Hamze said most of the known brutal dictators have one thing in common with reptiles. Their brains function from a reptilian level.

Imam Hamze’s argument is particularly true knowing that ‘fear’ and insecurity have often been the main driving force behind brutalities committed by many dictators and fuelled by folly and greed. Just the same way a snake would strike when felt threatened dictators tend to resort to the use of violence and repression in order to suppress their political opponents.

This analogy is particularly true considering President Dahir Rayale’s rather stubborn behavior in his judgments on number of politically sensitive issues. Such has been the recent unlawful arrests of three journalists working for the Haatuf Newspaper earlier this year. Without trial the three journalists spent more than 100 days in prison.

In addition, three prominent members of the Qaran Political Party were taken to prison without any charge or trial process and still remain incarcerated in Mandhera central prison.

Human Right organization condemned the unlawful imprisonment of Dr Gabose, Eng Mohamed Hashi Mr. M. Aideed.

Clearly Mr. Rayale’s tendency to resort to high handed tactics, including repression and illegal arrests of his political opponents is a display of all known characteristic behaviors of a reptilian creature.

The pattern of his recent actions also prove that President Rayale is coming out his shell and eventually showing his true colors as brutal dictators whose fear and insecurity override his sense of rationality. The question is will Rayale continue to grow into a fully fledged monster or he would be stopped before his ego hatches?

As the Somali saying goes, ‘Maska Madaxaa laga dilaa’ an indication that the snake’s reptilian brain is the source of his reactionary behavior.

Email: foryassin19@hotmail.com

Source Somaliland Times:

http://www.somalilandtimes.net/sl/2007/290/9.shtml

Today the justice of the Nation of Somaliland will prevail

2007-08-13T03:35:00.000-07:00

We would like to remind the daughters and sons of Somaliland that Somaliland is here to stay and would not be hijacked by a tyrant leadership. Never it happened in the history of Somaliland for the noble daughters and sons of Somaliland to be imprisoned let alone sending them to the notorious prison of Mandheera where the ghost of Siad Barre still haunts its dark history.

Somaliland has been built by the sweat of its citizens including those living in the Diaspora. We would like to remind the daughters and sons of Somaliland that the current administration of Somaliland so far did not live up to their promises and neither have they constructed hospitals nor schools but all that Somaliland has achieved to date is built by the hard work and efforts of the Diaspora and the citizens of Somaliland. The daughters and sons of Somaliland must wake up from their deep dream and hear the wakeup call of justice before they too are drawn in the tide of injustice and tyranny.

The sons and daughters of Somaliland must start writing their history starting from today the 11th of August 2007 as justice will speak and pens will write the judgment to come and history will be a witness to that. Today the daughters and sons of Somaliland would see with their own eyes whether what they have worked so hard for the last 4 decades will stand on its own two feet or fall apart God forbid. Let us not forget that we have witnesses watching over us from heaven with keen eyes waiting in patience to see how we react to injustices judging our actions on whether we support tyranny which will cause Somaliland pain, destruction and disturbance or we will support ‘Justice’ and bring peace, order and harmony a spirit which we have supported for the last 16 years. In this age we live in a time where Truth is fought by using the tools of human rights, common sense and the majority blocking any injustices caused to them.

We would like to remind the leaders of Somaliland that the noble daughters and sons of Somaliland will keep a record of your history. A golden record will be kept of every tyranny that leaves a record in the history of Somaliland and such record will be like a monument written for the future generations of Somaliland to learn from and never forget. Equally just leaders always came out of the hardest choices in their lives and history has been a witness to that.

Today the idols of Pharaoh will either not come down and Tyranny will prevail or Somaliland will come out of the other end with the justice of Moses(as) and Harun/Aaron(as) saving the spirit of the true democracy that Somaliland has embraced for the last 16 years. Today the King of all Kings(swt) will be the Judge and the Jury and the noble sons and the daughters of Somaliland the witnesses.

May peace and blessings of Almighty God and Al Mustafa(as) be on the noble daughters and sons of Somaliland including those who have departed from us, Aamiin.

Fatima Ali
somaliland_diaspora_women@yahoo.com

Source: Somaliland Patriots

http://somalilandpatriots.com/news-3597.html