Wednesday 11 December 2013

Human Rights Center releases report to celebrate the Human Rights Day 2013


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.