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.

Lord Avebury's letter to the UK Foreign Office

Dear Lord Malloch-Brown,

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

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

Yours sincerely,

Lord Eric Avebury

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

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

To the Guurti, Parliament and Government of Somaliland

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

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

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

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

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

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

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

God Bless Somaliland, Aamiin.

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

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

Hargeysa, Somaliland – 14 August 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Zamzam Abdi Aden
Chairperson Shuro-net

Mubarak Ibrahim Aar
Executive Director Shuro-net

Source: Shuro-net

28th of July Historical Day for the Constitution of Somaliland

28th of July 2007 is a historical day for the nation of Somaliland where for the first time in its history political prisoners have been imprisoned unlawfully and their constitutional rights violated.

This day does not mean that Somaliland will go back to anarchy and chaos. It will however be a historical day that will witness whether the constitution of Somaliland will rescue the democracy that Somaliland has achieved so far to protect the rights of its own citizens. The outcome lies in the events that will unfold in the coming the elections.

28th of July 2007 is a historical day that the future generations of Somaliland will cherish and learn from its outcome for centuries to come. This historical day will judge how far the democracy of Somaliland will stand on its own feet.

Every nation is judged by how far her citizens behave on a day like this and we hope the citizens of Somaliland will as usual side by the constitution of Somaliland and shine against all odds.

God Bless Somaliland.
May Justice and Freedom prevail in the Land of Somaliland, Aamiin.