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.

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