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

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

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

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

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

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

Somaliland Mediators End Government & Parliament Deadlock

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

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

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

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

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

The Denial Of Bail To Qaran Leaders Is A Blow To The Constitution And International Laws

Press Statement

We can not understand how a judge with his right mind could possibly rule to remand a week and deny bail on 28/07/2007, and after the seven day remand is over on 04/08/2007 extend the remand to another week without any good cause; and the government did not bring the detainees before the court in order to receive the extension of remand.

The arrested are an outstanding and exemplary citizens and their arrest is illegal and unjustified as the government allegedly charges against these prominent politicians for preparing to form a political association which may lead into a political party. According to Qaran, the constitution allows them to organize and form a political association that may lead into a political party, but according to the government the constitution does not allow anyone to form or prepare a new political association that will lead into a political party. The government knows the fact that these citizens do not pose danger to the society, and were exercising their political rights in a peaceful manner and that they are not also at risk to flee. These untried prisoners are also being placed in jail with other prisoners who have been convicted of crimes and this is against United Nations declaration of Human Rights ‘85. (1) Untried prisoners shall be kept separate from convicted prisoners’.

Even though the government knows the facts and that the arrested are not a risk to flee the government still puts them in remand and denies bail to these prominent and respected politicians, who are Doctors, Businessmen and Politicians who contribute and contributed to the peace, security and stability of Somaliland and also run a Private Hospital to help people with Neurological problems as Dr. Mohamed Abdi Gabose is the only neurology specialist in Somaliland who also owns properties in the state, and this denial of justice is a blow to the justice of Somaliland and shows that the judiciary is not independent from the executive powers of the president. The arrested have a legal right to bail, defense, family visits, and medical visits which is protected under the Charter of UN Human Rights and Freedoms, and the Somaliland constitution.

An accused is presumed innocent until proven guilty in a court of law. And that presumption of innocence should, in principle, include freedom. The government denied for the defense team, the family and doctor’s to meet the Qaran leaders on 04/08/2007. The government interference to the judiciary is a ground to charge the government for contravention of the constitution and not abiding by the UN declaration of human rights. This interference is a blow to maintaining confidence in the administration of justice as the government is acting politically to charge its citizens. We also have received numerous reports that the government is trying to suppress the judicial system and imprison all political opponents.

Earlier on 03/08/2007, we received reports stating that the government verbally dismissed the Mandhera Prison Commanding Officers Mr. Muse Abokor Qoorsheel and his deputy Mr. Abdi Hassan Bakeyr from their posts, but after a lot of complaints from the local clan elders and citizens the government revised their verbal dismissal and threatened the Mandhera Prison Commanding Officer and his deputy that they should be Harsh and tough to the prisoners in their custody and these two Officers are also advised that they should not let any visitors to the Qaran Political Association Leaders without the prior permission of the Courts and Prior permission from the Minister of Interior himself.

The government also arrested two elders for organizing a meeting to discuss the arrest of the Qaran Leaders and their charge was organizing a meeting for an authorized political association interest.

All these facts show that the Somaliland government is violating the Somaliland constitution, United Declaration of Human Rights and the rights of prisoners specially the rights of the untried prisoners. The government charges against the Qaran Leaders are unjustified, unfair and politically motivated. It is time for the International community to send a clear message to the Somaliland government and advise the seriousness of their violation of their own constitution and international law, specially, the human rights law to the citizens and untried or tried prisoners. The international community should send a clear message and ask the government of Mr. Dahir Rayale to release the Qaran Political Association Leaders and other political prisoners without condition and let Qaran Political Association exercise its God given rights to choose and express its political opinion peacefully and according to the constitution.

Malik Jeylani

Source: Somaliland Times

http://somalilandtimes.net/sl/2007/290/22.shtml

Somaliland Government Plan To Cause Instability And Insecurity In Order To Increase Its Term In Office

By Malik Jeylani

The Government of Somaliland in an effort to crush down opposition leaders specially the Opposition leader of Qaran Political Association have accused and charged the Chairman of Qaran Political Association Dr. Mohamed Abdi Gabose and his deputies Mr. Mohamed Hashi Elmi and Mr. Jamal Aideed who are prominent and well respected politician in Somaliland for unfounded and politically motivated charges for forming a Political Association that will lead into a Political Party. The government states that the current three political parties of Somaliland will be the permanent parties for Somaliland for the rest of it is existence as a nation. Therefore, the government states that no one should be able to form any new political association which will lead into a political party; as such the government of Mr. Dahir Rayale’s view is based on its poor interpretation of the constitution Article 9 which states: Article 9. Stipulates ‘ The number of political parties in the Republic of Somaliland shall not exceed three (3)’.

Unfortunately, the Somaliland Constitution differ’s the government’s view and it sides with Qaran Political Association. That is why Qaran Political Association, Somaliland Lawyers Association, KULMIYE the current opposition Political Party in Somaliland all take the view that all citizens have every right to form a Political Association that could lead into a Political Party during the local elections and they state that the government’s view and article 9 of the constitution will only come into play post local election which is the election that allows citizens to change any political party they don’t want to represent them in to the Parliamentary and Presidential Election. The below articles of the constitution states clearly that citizens have the right to form a Political Association.

Article 22: Political, Economic, Social and Electoral Rights

Clause 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.

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

Article 23: Freedom of Movement and Association

Clause 3. Allcitizens shall have the right to form, in accordance with the law, political, educational, cultural, social, occupational or employees’ associations.

Clause 4. Associations with objectives which are contrary to the public interest or are secret or are military in nature or armed or are otherwise against the law, whatever their outward appearance might be, are prohibited.

The People of Somaliland including the current Opposition Party KULMIYE, the Somaliland House Leader and his deputy are deeply worried and concerned about the action of the government which violates the human rights of the citizens and detaining all political opponents without a good cause. The Somaliland House Leader and his deputy criticized the government action on and called as an action that was taken in hasty and without proper consultation in order to protect the rights of the citizens. The people of Somaliland are also demanding the release of the Qaran Political Association Leaders without any condition as their arrest was illegal, politically motivated and unjustified according to the laws of the Somaliland and International laws as this classified as prisoner of political of conscious. The government’s arrested these prominent and respected figures without a good cause and staining the clean names of these innocent individuals constitute a violation of the constitution ‘Article 24. (3). every person shall have the right to have his dignity, reputation and private life respected’ since the government arrested these prominent and respected figure without a good cause.

The government’s arbitrary arrests against its political opponents, journalists and human rights activists will cause instability and insecurity to the peace and stability of the nation. This clearly violates the constitution of Somaliland and Universal Declaration of Human Rights. The Parliament should put forward a motion against the government of Mr. Dahir Rayale as their arrest for the three prominent and respected political opponents is a ground for the parliamentarian and judiciary to charge Mr. Rayale’s regime for planning to cause instability and insecurity to Somaliland peace and stability for the sole purpose of the government’s intention to increases its terms in the office by abusing the following article and planning to cause unrest in the state of Somaliland

Article 42: Period of Office and Election Term

Clause 3. If the election of the House of Representatives cannot be conducted because of dire circumstances, the outgoing House shall continue in office until the end of these circumstances and a new House is elected. Dire circumstances are: a wide war, internal instability, serious natural disasters, such as earthquakes, epidemic diseases, (and) serious famines; and shall be determined and resolved by the House of Elders on the proposal of the Council of Government

The Parliamentarian and Judiciary should charge Mr. Rayale’s regime for violating the following constitution article as their action of arresting political opponents, journalist and Human rights activists are grounds to cause instability and insecurity to the Republic.

Article 38: The Parliament and Joint Sittings

Clause 3. The Parliament shall fulfil its duties in accordance with the Constitution and its Rules.

Clause 4. The most important objectives and duties of the Parliament are as follows: a) the protection of the peace and security of the Republic and Republic’s sovereign rule over its land, sea and air.

Malik Jeylani

mjeilani@hotmail.com

Source Somaliland times

http://somalilandtimes.net/sl/2007/290/04.shtml