Gordon Brown sets a good example for US/Somaliland relations

EDITORIAL

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

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

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

- The prime minister referred to Somaliland as a country.

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

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

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

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

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

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

Source: Somaliland Times

Lord Malloch- Brown follow up letter

Monday, 11 February 2008

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

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

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

Lord Malloch-Brown.....

Foreign & Commonwealth Office

London SWIA 2AH

From the Minister of State.

Your reference: P0726124 and P0702112

Our Reference: 54277

The Rt. Hon. Lord Avebury

House of Lords

London

SWIA OPW

Dear Sir,

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

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

The Rt. Hon. Lord Malloch –Brown

Minister of State.

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

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

Dear Lord Malloch-Brown,

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

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

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

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

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




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

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

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

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

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

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

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

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

PRESS RELEASE

16 November 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Pre-conclusion

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

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

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

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

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

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

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

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

Conclusion

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

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

Signed by:

1- Faysal Ali Sheekh - Chairman Jamhuuriya

2- Ali Abdi Diini - Editor Haatuf

3- Muuse Faarah Jaambiir - Chairman Ogaal

4- Mahamed Huseen (Rambo) - Editor Geeska Africa

5- Abdillahi Mahamed Daahir (Cukuse) - Chairman Saxansaxo

Source: Somaliland Times

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

The New Somaliland Press & Publications Bill 2007

EDITORIAL:
Thursday, 10 January 2008


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

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

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



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



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



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

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

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



Ibrahim Hashi Jama

Souorce: www.somalilandlaw.com

Thank you letter from the leadership of Qaran

Thursday, 03 January 2008

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

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

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

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

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

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

Sincerely,

Chairman of Qaran

Dr. Mohamed A. Gabose,

1st Vice Chair of Qaran

Eng. Mohamed Hashi Elmi

2nd Vice Chair of Qaran

Jamal Aidid Ibrahim

Special thanks go to:

Amnesty International East Africa.

Amnesty International UK

Amnesty International US

European Union Representative Hargeysa

European Union Representative Nairobi

British Embassy Addis Ababa

American Embassy Nairobi

Finish Embassy Nairobi

Norwegian Embassy London

Swedish Embassy London

House of Lords London

House of Commons London

Welsh Assembly Government London

US Congress Washington DC

US Department of State Washington DC

International Republican Institute Washington DC

Somaliland Democracy Group

Somaliland Forum

East Africa Policy Institute Washington DC

SIRAG London

Hon.Michael Allen MP UK Parliament

Hon.Kerry McCarthy, MP UK Parliament

Ibrahim Hashi Jama Somaliland Lawyer

Lord Avebury House of Lords London

Sir Mark Malloch Brown London

Annemia Neysts-Uyttebroeck MEP Brussels

Lynn Fredrickson AI Washington DC

Donald Payne US Congress Washington DC

Sen. Joseph Biden US Senate Washington DC

Sen. Barak Obama US Senate Washington DC

qaransomaliland.com