Human Rights Centre sends condolence over the death of SOLJA Secretary General

We are deeply saddened to hear about the death of great journalist and freedom of speech activist, Mohamed Rashid Muhumed Farah, who was the secretary general of Somaliland Journalists Association (SOLJA). Mohamed was a man who stood for freedom of expression a moment many deserted.  

  

He was gentle, committed and brave soul. He stood with journalists in difficulty and never gave up.

 Human Rights Centre sends sincere condolences to the family and friends of Mohamed Rashid. 

Recommendations of Human Rights Centre annual report on human rights situation in Somaliland

To the government

·         Eliminate all barriers against women’s political participation;

·         End discrimination against women in all fields including employment and politics;

·         Provide the girls legal protection from Female Gentile Mutilation/Cutting, school drop outs, early and forced marriage;

·         Give women access to justice and eradicate obstacles that obstruct women access to justice;

·          Allocate quota for women at the council of ministers and senior government positions;

·         Criminalize female gentile mutilation/cutting;

·         Prepare draft family law that protects women;

·         Outlaw clan elders interference in prosecution of gender based violence including rape cases and domestic violence; and support victims of rape and prosecute the perpetrators in accordance with formal law;

·         Enact law that gives women legal protection from domestic violence;

·         End the crackdown of the independent media;

·         Lift the suspension from the banned newspapers of Haatuf, Hubaal, Somaliland Times and the Independent;

·          Permit independent radio stations to operate in Somaliland;

·         Ensure the safety and the liberty of journalists;

·           Permit demonstrations and end use of force against demonstrators;

·         Hold the upcoming 2015 elections and do not seek extension;

·         Make the state media open for all the political parties in egalitarian manner;

·         Refrain using state funds in election campaigns;  

·         Change the Penal Code and the Criminal Procedure code which predate the constitution;

·         Take all 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;

·         Refrain from interfering in the judiciary. The judiciary shall have separate budget that it manages and controls;

·         The pre-trial rights enshrined in the constitution and the other laws of Somaliland shall be strictly followed. The Police shall be trained on human rights and supremacy of the law. Due process of law shall be duly applied. The government shall take necessary steps to stop Police corruption and shall investigate allegations of corruption. The Police shall be under the jurisdiction of the civilian law. The government shall establish independent committee that investigates the actions of Rapid Reaction Unit. The Unit shall be under the laws of Somaliland and shall respect the constitution. The Police particularly RRU shall stop invading the privacy of the people. The government shall set independent committee that investigates allegations of torture;

·         Withdraw the oppressive anti-terrorism law submitted to the parliament;

·         Review all the convictions of capital punishment and amend the Penal Code to reconsider the capital punishments;

·         Refrain from extraditing Somaliland citizens to another country, and return Abdilahi Sheikh Ibrahim who was extradited to Djibouti;

·         Do not deport persons to places that they may face persecution and human rights abuses;

·          Put an end the discrimination against minority clans and ensure that they are treated equally;

·         Take the responsibility of safeguarding the rights of children, and take necessary measures to protect the rights of children; stop child labor, and practice the best interest of the child;

·         Extend support and protection to the IDPs and refugees;

·         Establish ombudsman and anti-corruption commission;

·         End the discrimination and stigma against people living with HIV/AIDS.

   

To the House of Representatives:

·         Pass quota for women and minority clans;

·         Enact electoral laws for the elections of the House of Representatives and House of Elders;

·         Enact law that protects the people living with HIV/AIDS.

To the House of Elders

·         Refrain from postponing presidential and House of Representative elections;

·         Refrain extending your own term.

To the National Electoral Commission

·         Conduct fair and genuine voter registration;

·         Hold free and fair and genuine elections on time;

·         Carryout voter education program that is holistic and comprehensive so that all the citizens benefit from the awareness, particular attention shall be given to the rural and illiterate people who may not benefit from print media;

·         Electoral staff shall be trained as early as possible prior the election day so that they acquire the necessary skills and understanding.

To the political parties

·         Support quota for women and minority clans; 

·         Allocate more positions for women;

·         End the preference of male candidates over female candidates;

·         Enhance internal democracy within the political parties and develop culture of democracy based on non-discrimination.

To the civil society

·         Take active role in protecting, defending and promoting human rights;

·         Participate in the election observations to ascertain holding free and fair election;

·         Implement projects that are not entirely donor driven;

·         Be independent from the political contests and respect the neutrality of the nongovernmental organizations. 

To the donors 

·         Press Somaliland government to implement the recommendations stated in this report;

·         Avoid assisting law enforcement agencies that violate the rights of the people;

·         Ensure the government to uphold transparency and accountability. 

To the government of United Kingdom

·         Stop supporting Rapid Reaction Unit unless the unit respects the constitution and the other laws of the country;

·         Make sure your support to the law enforcement agencies does not harm.

The executive summary of Human Rights Centre Annual Report on Human Rights Situation in Somaliland

Somaliland is unrecognized African state located in Horn of Africa. On 18^th May 1991 Somaliland declared independence from Somali Republic. Somaliland and Somalia united in July 1960. The union came after Somaliland gained independence from UK in June 1960 and voluntarily joined with Italian Somalia. Military government which came in power in coup by the year of 1969 was ousted by rebel groups in 1991. Somaliland announced separation in that same year after years of war between the military rule and Somali National Movement (SNM). 

 Somaliland started reconciliation conferences that has resulted the formation of presidential system of governance where clan and democracy are intermingled to sustain peace. Clan plays pivotal role in Somaliland’s socioeconomic and political environment. State institutions were built from the scratch and government services were commenced slowly. The private sector initiated business and Diaspora remits money that expands economic sectors.

Peace and security are prioritized over human rights in Somaliland. As Human Rights Watch report in 2009 is titled “Hostages of Peace”, Somaliland is over obsessed with peace in a manner that compromises fundamental freedoms and rights. As unrecognized country, other states treat Somaliland as part of Somalia, a nation sparked by anarchy and chaos. Hence Somaliland’s peace is perceived by the international community as positive progress. Therefore, Somaliland’s political status creates confusion that negatively impacts on human rights. Additionally, there are no embassies in Somaliland for foreign nations, and prominent international advocacy organizations have no presence in Somaliland. Somaliland is forgotten nation left for its own. 

In hope of transforming the clan system into democracy, Somalilanders in landslide voted in approval for constitution in 2001. The constitution establishes multiparty system and guarantees fundamental rights and freedoms. Nevertheless, clan domination and election postponement challenge the aspiration of Somalilanders. 

Somalilanders enjoy democracy that provides considerable rights and freedoms. The political status of Somaliland and its location make Somaliland’s success good example for the rest of Horn of African countries.  Somaliland is compared with its neighbours who are either in anarchy or in dictatorship rule. Such comparison misleads the fact on the ground. The international community is focused on Somalia (famously called South-Central Somalia).This leaves the Somalilanders in huge danger. The absence of strong international pressure grants to the government of Somaliland to act in impunity.

The global war on terror which Somaliland government is partner also complicates the situation in Somaliland.  The security agendas and strategies overshadow human rights abuses in Somaliland. The civil society in Somaliland implements only donor driven projects making them very inactive and ineffective in performing their primary responsibilities. The weakness of the civil society strengthens the government which exercises its powers with no or little accountability.

The law enforcement agencies are not reformed to comply with the constitution of Somaliland. The military culture inherited from Siyad Barre regime still dominates the behaviour of the law enforcement agencies. People are arrested for failure of payment of debt. Convicts remain in custody until civil liabilities are paid.

 HRC has found that Somaliland Police use torture to extract information. Beating is widely used method of torture. Confession is also received on coercion, inducement and promise. HRC interviewees told that police investigators demand payment from the victims and accused persons. This complicates the attainment of justice for poor and vulnerable people who are in many times forced by the Police to reach settlement with the perpetrator. 

The police stations are used as detention centres in most of the regions particularly Hargeisa, the capital and the most populous city. Hence instead of remanding suspects to prison, they are remanded to the Police stations which are not structured to hold suspects more than 48 hours. The Police stations which are overcrowded, lack all the necessary facilities and its conditions are harsh and inhumane. The inmates rely on their families, if any, on food, water, health and all of their needs. Those without family that supports are held in custody without food. There are no sanitation, clean water supplies and medical support in the Police stations.

Somaliland Police enjoy total impunity. There is no judiciary that could challenge the actions of the Police.

Highly feared police unit called Rapid Reaction Unit (RRU) is paramilitary police unit trained by the government of United Kingdom to combat terrorism. UK government trains and provides financial and technical support to RRU. The Unit does not have publicized written mandate. It works in secretive manner. The Unit violates Somaliland laws when conducting its operations. It uses excessive force against civilians. RRU has distinct black uniform separate from the Police and its members wear masks.

The Unit has been used for political purposes in many occasions. RRU confronted with peaceful protestors in Hargeisa on 13^th April 2014 and 28^th December 2013. RRU terrorizes the people and violates the basic rights of the people.  Because the Police in general enjoy impunity, the actions of RRU are not investigated.

Somaliland is situated in Horn of Africa next to the troubled neighbouring country of Somalia where radical militants are fighting against African troops authorized by the UN Security Council. In disguise of the so called global war on terror, Somaliland treats differently the people arrested or accused of terrorism. Due process of law is not followed.      

Somaliland does not have law for counter terrorism. But in this year, the Council of Ministers passed a bill of Law on Combating and Preventing Terrorism. The draft bill submitted to the House of Representatives violates the constitution and the international human rights law.

Although the constitution guarantees equal participation, the political system of Somaliland is dominated by men. Women face obstacles presented by the clan domination of the society. Women do not enjoy their political, social, economic and cultural rights equally with men and are victims of increasing gender based violence including rape, domestic violence and female gender mutilation.  The state failed to protect women from the customary law which treats women as inferior. Even at the judiciary, clan elders’ interventions hinder justice for women. Absence of family law in Somaliland subjects women under male dominated culture and system. Women are also underrepresented at workplaces. 

The judiciary branch of Somaliland consists of the courts and the office of the attorney general. The constitution states that the judiciary is independent from the executive and the parliament. But in practice such independence does not exist. The executive branch has huge influence in the judiciary.

 Judges are selected on the basis of clan backing. Hence clans have influence in the judiciary. This gives the majority and strong clans a power to undermine the independence of the judiciary and marginalize the minority and weaker clans. Furthermore, the judiciary lacks accountability and transparency.

The constitution guarantees freedom of expression and independence of media. There are about 11 independent newspapers in Hargeisa, and three independent TV stations. Additionally, there are numerous websites and blogs. In the other hand, there are government owned media. Somaliland citizens enjoy freedom to express their opinion.  

  However, the activities of Somaliland journalists are impeded by detention, trial, harassment, beating and denial of access to information.  23 journalists were arrested in this year. Four newspapers, Haatuf, Hubaal, The Independent and Somaliland Times are suspended in Somaliland since December 2013. On 25^th June 2014 Hargeisa Regional Court sentenced Yusuf Abdi Gabobe, chairman of Haatuf Media Group, and Ahmed Ali Ege, Editor-in-chief of Haatuf, newspaper to three years and four years of imprisonment, respectively. They were also fined to fifty million Somaliland Shillings. The defendants were not given chance to defend themselves. The court only heard the prosecution office. The journalists were later released after the president pardoned.

 Vulnerable people including minority clans, children, IDPs, refugees and people with disability are disfranchised in Somaliland. People living with HIV/AIDS are discriminated and stigmatized. 

Hargeysi maxay ka baran kartaa Xamar?

Caasimadda dalka dhibaataysan ee Soomaliya waxay astaan u ahayd in kabadan labaatan sano dagaal iyo macaluul. Cid walba oo Somaliya maqashaa waxa u sawirmaysa dhibaato. Balse cod bixintii todobaadkan ka dhacday Xamar waxay ahayd tusaale ka duwan wixii lagu yiqiin caasimadda colaadaha, Xamar.

In kasta oo ay ahayd wax aan wanaagsanayn sharci ahaan iyo siyaasad ahaanba qaabkii looga keenay soo jeedinta codka kalsoonida in loo qaado raysal wasaaraha Soomaaliya, iyo sidoo kale qaabkii fawdada ahaa ee taageerayaashiisu isku dayeen inay ku horjoogsadaan, hadana waxa u baahan in dhacdooyinkaas si is-bar bar dhigis ah loogu eego wixii ka dhacay isla ayaamahaas Hargeysa, caasimadda Somaliland.

 Somaliland waa dal dimqoraadi ah oo madaxdiisa ku xusha doorasho toos ah oo dadwaynuhu u codeeyaan hogaamiyaha ama sharci dejiyaha ay doonayaan. Waxay leedahay dastuur lagu mahadiyay in qaabka uu u qoran yahay iyo axkaamta ku jirtaa inay yihiin mid ka mid ah dastuurada aduunka ugu wanaagsan. Xamar iyo xaalkeeda siyaasadeed waxan ku bilaabay qoraalkaygan. Balse sharci ahaan, dadka hogaamiya waxa soo xulay odayo qabileed. Dastuurka waxa u codeeyey dad aan la soo dooran oo tiro kooban ah, waana ku meel gaadh. Dastuurkaasi ma dhigo mabaadi cad cad oo ku kala aroora labada hab maamul ee maanta dunida ugu caansan midkood; habka baarlamaaniga iyo habka madaxtooyada.

Iyada oo waaqiciga labada dal uu caykaas kala yahay, ayaa xeer-dejiyayaasha labada dal waxa bishii dhamaatay khal khaliyey muran ku aroora xil ka qaadista raysal wasaraha (waa Xamar e) iyo gudoomiyaha Golaha Wakiilada (waa Hargeysa e). Xalka labadaas khilaaf oo warka war-baahinta af Soomaaliga wax ku tebisaa meel sare kaga jiray, waxa lagu xalliyay laba hab oo kala duwan.

Hargeysa, waa dalkii dimqraadiga ahaaye, way u suuroobi wayday inay sharciga ku kala baxan. Qof baa ku dhinta lix kalena way ku dhaawacantay. Tiro dad ahina xorriyadooda ayay ku waayeen. Markii laga baqay in muranka ka dhexeeya xubnaha Golahaasi inuu keeno dhibaato amni, waa la dhex dhexaadiyay oo waxa lagu dhameeyey tanaasul.

Xamar, waa dalkii colaaduhu ka jireene, ugu danbeeyntii xubnihii goluhu waxay isla garteen inay sharciga ku kala baxaan. Iyaga oo aan weli ku qanacsanayn sida wax u dhaceen, hadana waxay ogolaadeen natiijadii ka dhalatay go’aankii baarlamaanka. Ogaalkay cidina kuma dhiman, kumana dhaawacmin, cid xoriyadeeda ku waydayna ma jirto.

Hadaba, dalkayga Somaliland oo dhawr iyo toban sano dabada hayay dimqoraadiyad, muxuu garan waayay oo Xamar oo aan dawlad helin dhawr iyo labaatan sanno ay garatay? Jawaabtu waxay tahay in (1) Xamar khilaaafkeedii ku xalishay sharcigii u yiil (2) Hargeysi inay ku kala bixi wayday sharcigii (3) Raysal wasaarihii Somaliya wuxuu doorbiday inuu sharciga raaco halkii uu dabada gelin lahaa reerkiisa oo colaad qabiileed hurin laha (4) gudoomiyihii Golaha Wakiilada Somaliland wuxuu door biday inuu fawdo kiciyo si uu u ilaashado kursigiisa (5) madaxwaynaha Soomaliya wuxuu doorbiday inuu ixtiraamo xasaanadda iyo sharafta xubnihii baarlamaanka ee ay is-hayeen (6) madaxwayanaha Somalilanad wuxuu doorbiday inuu ku tunto sharafta iyo xasaanada xubnaha baarlamaanka iyo aqalka laftiisaba. Waad xasuusataa in shan xildhibaan la xidhay, ciidana lagu wareejiyay dhismaha Golaha Wakiilada.  

Intaba way ku saxnayd Xamar, wayna ku qaldanayd Hargeysi. Sidaasdarteed, Somaliland waa inay ka barataa Xamar in lagu kala baxo sharciga ee aan la isku mashquulin tanaasul eel ka taga iyo in milil dushii la dhayo maalin walba oo aan damaqiisu dhamaan.

Hadii dadka reer Somaliland aay maalin walba khal-khal geliso codbixin ka dhex jirta aqalka hoose ee baarlamaanka, su’aashu waxay tahay lamaaha dawladeed ee aynu dhisanay ma waxay u taagan yihiin inay ina geliyaan rabshad mise inay noqdaan fagaare lagu doodo oo lagu xalliyo khilaafka iyada oo la raacayo shuruucda u taal? Jawaabtu waa kugu adi, hadaad reer Somaliland tahay, hadii kale ha isku mashquulin.