Human Rights Center in Hargeisa released human rights report to celebrate
the 10th December, the Human Rights Day. The 25 pages report covers the
situation of the social, political, economic, cultural and civil rights in
Somaliland. The report is result of data collection conducted by the Center’s
researchers. Below link is the complete report.
Here is the summary and the recommendations of the report titled “The Chained Constitution”.
Somaliland was a British protectorate from
1884 to 26th June 1960. Somaliland amalgamated with Somalia without
any condition on 1st July 1960.
This political intermarriage aborted and finally led to a civil war,
which caused the collapse of the state of Somali Republic. Finally, Somaliland
declared unilaterally its independence from Somalia in 1991.
Somaliland’s post conflict reconstruction was
led by the traditional elders who successfully built a functioning government.
Somaliland receives little support from the outside world. This gave the
Somalilanders a potential strength to rely on what they do have rather than
waiting aid. Business flourished with the peace and social institutions were
reinstated. Thanks to the Diaspora support that remit money to families and
friends, small businesses were started.
The traditional structured
government was transformed into a democratic system of governance after
constitution was approved in 2001. In a
period of ten years (from 2002 to 2012), Somaliland peacefully held five
elections. But, these elections were shrouded by irregularities.
The last municipality election held
in 2012 caused bloodshed during the Election Day and after the National
Electoral Commission declared the results. The peaceful demonstrations
organized by the lost Xaqsoor party were cracked down by the government.
Excessive multiple voting and ballot staffing were reported.
Constant postponement of elections
and extensions of terms have dragged the democratic system into uncertainty and
hopelessness. No election was ever held on schedule.
Somaliland adopts presidential system of
government whereby the constitution clearly establishes separation of power
between the executive, the legislative and the judiciary. But, the judiciary
does not enjoy the independence and the impartiality guaranteed by the
constitution.
Violations
of the freedom of expression and the independence of the media have increased
in Somaliland. In this year 16 journalists were arrested. The headquarters of Hubaal
newspaper was attacked by one Policeman and unidentified man. The manager of
the paper was injured. Weeks after the attack, court suspended the newspaper
and sentenced the editor and the manager of Hubaal newspaper. They were later released
on presidential pardon. Journalists are constantly harassed by the authorities
and some of them were beaten up by the Police.
Freedom
of expression is a fundamental right granted by the international human rights
law and the constitution of Somaliland.
The government of Somaliland refuses
to grant license for radio stations. The only radio station based in Somaliland
is the government owned Radio Hargeisa.
Demonstrations are not allowed in
Somaliland except the government supported demonstrations and campaign rallies.
The Police deal heavy handedly with the demonstrations and use live
ammunitions. The Public Order Law is applied which gives the Ministry of
Interior and the regional and district authorities the power to refuse
demonstrations.
Illegal detention and arrest are very common
in Somaliland. Somaliland Police enjoy impunity. The civilian courts cannot
hear any case against Police member.
The judiciary failed to protect the
human liberty and the Police are accountable to no one. Searches and seizures are not sought for
warrants as obliged by the constitution, but the Police carry out without court
warrant.
The recently established special
Police unit, Rush Reaction Unit (RRU) which receives support from UK, employs
intimidating means and gives no respect the legal procedure. They raid houses,
search and seize property without court warrant and arrests people without
warrant.
The
constitution guarantees equality irrespective of gender. But, the role of the
women in the politics is very low. There is only one female member of the
parliament whose members are 164. There are three female ministers in the forty
above ministers. There is no single female judge. The director generals and the
heads of the administrative institutions are all male. The Parliament refused
to pass proposed quota for women in the Lower House of the Parliament and the
Local Councilors.
Rape
and other sexual abuses increased this year according to the data collected in
Hargeisa. Rape is the least reported offence, and those victims who dare to
report face the challenge posed by the clan elders who interfere in the
prosecution and arrange blood compensation.
Women
also face discrimination in the employment of the private sector, particularly
the business entities. Women do not have equal opportunity with their male
counterparts at the private sector. Many conservative male employers
discriminate women in the recruitment of female candidates.
Girls drop out the schools in early age as parents
prefer boys and the hard house work assigned for girls alone downgraded their
scholastic performance.
Somaliland hosts refugees whom most of them
fled from the neighboring Ethiopia. The process of registering the asylum
seekers takes long time. Most of the Ethiopians work in low paid jobs with no
protection. Refugee children work under harsh conditions. The principle of
non-refoulement is not observed. Human Rights Center received complaints of
Ethiopians repatriated forcefully back to their country where they could face
threat.
Internally
displaced persons are the most vulnerable people who receive little attention.
Government services are very limited in the IDPs centers. Crimes, water shortages,
poor sanitation, inadequate health facilities and the lack of enough
educational centers live with the IDPs. As poor and less educated, the IDPs are
not strong people who can advocate for their causes.
Traditional
health center known as “Cilaaj” pose very serious threat to both the health and
the liberty of the people. “Cilaaji” centers are money oriented centers that
most of them are not registered and are managed by uneducated people. The
government has neither strategy nor the necessary protection to cope this
threat. As they gain more money from their clients, the lobby of the “Cilaaj”
centers is very strong. The poor quality of the mental health centers provides
opportunity the “Cilaaji” centers to attract many clients.
It
is the responsibility of the government to safeguard and protect the rights of
the child. Street children are harassed, harmed and live in misery. The
children from poor families, particularly from IDPs and refugees, work in harsh
conditions. The justice sector does not properly observe the Juvenile Justice
Law. Juveniles are prosecuted as adults and are imprisoned with adults.
Recommendations
To the government:
·
Change the electoral laws to meet the international standards
of democratic societies and conduct free, fair and genuine elections;
·
Abandon the unnecessary postponement of elections and hold
the elections periodically;
·
Conduct voters registration which is authentic and gives all
the eligible citizens equal opportunity to register;
·
The illiteracy of the citizens shall be considered in the
electoral process;
·
The state media shall be open for all the political parties egalitarian
manner;
·
Make sure the state funds are not used in the election
campaigns;
·
The government employees shall not take part in the political
campaigns;
·
The rights granted by the constitution shall be promoted,
protected and fulfilled;
·
Grant permits for radio stations based in Somaliland;
·
Protect and promote the rights of the journalisms;
·
Ensure the safety and the liberty of journalists;
·
Immediately prosecute the attackers of Hubaal
newspaper;
·
Change the laws of former regimes including the Penal Code
and Criminal Procedure Code;
·
Amend the Public Order Law and repeal all the provisions that
are inconsistent with the constitution and the international human rights
standards;
·
Do not forcefully return the refugees and the asylums seekers
to their countries or anywhere else;
·
Take all the necessary measures to uphold the independence
and the impartiality of the judiciary, and publicly affirm the independence of
the judiciary from the Ministry of Justice;
·
Reform Somaliland Police to establish a Police that protects
the fundamental freedoms and rights guaranteed by the constitution and the
international human rights laws;
·
Immediately end the impunity of the Police;
·
Eliminate all barriers against women’s participation in the
politics;
·
End discrimination against women in all fields including
employment and politics;
·
Provide the girls legal protection from school drop outs;
·
Outlaw clan elders interference in the prosecution of the
rape cases;
·
Support the victims of rape;
·
Create strategy that protects the girls and women from rape
and other sexual offences;
·
Enact law that gives women legal protection from domestic
violence;
·
Take the responsibility of safeguarding the rights of the
child, and take the necessary measures to protect the rights of the child;
·
Stop child labor and practice the best interest of the child;
·
Establish child care centers for street children;
·
Immediately eliminate all forms of discrimination at the work
places and discriminatory employee selection;
·
Amend the Labor Law to meet the international standards;
·
Review the traditional psychosocial center to make sure the
people are not harmed and their basic rights are not violated;
·
Extend support the IDPs and provide legal protection;
·
Provide assistance the IDPs by providing the basic needs and
protection.
To the
Parliament:
·
Pass the introduced quota for women;
Pass electoral laws
for the both houses of the Parliament.
