Letter from the European Commission

Friday, 22 February 2008

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

Source: Qaran

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

Saturday, 08 March 2008

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

From Lord Avebury P0807033

020-7274 4617
March 7, 2008

Dear Mark,

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

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

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

Letter from Qaran's Chairman Dr. Gabose

Thursday, 06 March 2008

Qaran’s case
Hargeisa, March/06/2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Dr. Mohamed A.Gabose
Chairman of
Qaran Political Association

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

Sunday, 03 February 2008

Ambassador Frazer

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

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

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

Somalia Special Envoy Ambassador Yates

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

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

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

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

qaransomaliland.com Hargeysa.

Lord Malloch- Brown follow up letter

Monday, 11 February 2008

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

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

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

Lord Malloch-Brown.....

Foreign & Commonwealth Office

London SWIA 2AH

From the Minister of State.

Your reference: P0726124 and P0702112

Our Reference: 54277

The Rt. Hon. Lord Avebury

House of Lords

London

SWIA OPW

Dear Sir,

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

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

The Rt. Hon. Lord Malloch –Brown

Minister of State.

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

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

Dear Lord Malloch-Brown,

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

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

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

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

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




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

The New Somaliland Press & Publications Bill 2007

EDITORIAL:
Thursday, 10 January 2008


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

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

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



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



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



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

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

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



Ibrahim Hashi Jama

Souorce: www.somalilandlaw.com

Thank you letter from the leadership of Qaran

Thursday, 03 January 2008

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

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

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

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

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

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

Sincerely,

Chairman of Qaran

Dr. Mohamed A. Gabose,

1st Vice Chair of Qaran

Eng. Mohamed Hashi Elmi

2nd Vice Chair of Qaran

Jamal Aidid Ibrahim

Special thanks go to:

Amnesty International East Africa.

Amnesty International UK

Amnesty International US

European Union Representative Hargeysa

European Union Representative Nairobi

British Embassy Addis Ababa

American Embassy Nairobi

Finish Embassy Nairobi

Norwegian Embassy London

Swedish Embassy London

House of Lords London

House of Commons London

Welsh Assembly Government London

US Congress Washington DC

US Department of State Washington DC

International Republican Institute Washington DC

Somaliland Democracy Group

Somaliland Forum

East Africa Policy Institute Washington DC

SIRAG London

Hon.Michael Allen MP UK Parliament

Hon.Kerry McCarthy, MP UK Parliament

Ibrahim Hashi Jama Somaliland Lawyer

Lord Avebury House of Lords London

Sir Mark Malloch Brown London

Annemia Neysts-Uyttebroeck MEP Brussels

Lynn Fredrickson AI Washington DC

Donald Payne US Congress Washington DC

Sen. Joseph Biden US Senate Washington DC

Sen. Barak Obama US Senate Washington DC

qaransomaliland.com

Supportive letter from Lord Avebury insisiting on full democracy in Somaliland

(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

Somaliland’s Recognition is in Emergency State

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

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

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.