Background
A Hargeisa court has sentenced two Haatuf journalists, Yusuf Abdi Gabobe and Ahmed Ali Igeh, the Haatuf newspaper owner and editor, to between three and four years in prison on defamation charges, including "spreading false news" in reporting of corruption allegations, deemed by the government a "baseless accusations". The judiciary has dealt a shocking blow to the principle of free speech after the two journalists for Haatuf were sentenced to charges of insulting the name and the family of the president. Haatuf has strenuously rejected the charges against its journalists and maintains their innocence. The defence maintained that the journalists were wrongly arrested and that the prosecution had failed to prove any of the charges against them. This latest sentencing brought widespread criticism that the verdict was a blow to freedom of expression.
The verdict also stoked fears that Somaliland's continued crackdown on dissent wouldn't be limited to activists and opponents of the regime. While Somaliland's president Ahmed Silanyo has been promoting himself through a public-relations campaign abroad, he has ratcheted up the suppression of critical voices within his own party and country. Since 2011, the current government sought to stifle public debate with the closure of media outlets and arrests of journalists. Hubaal and Haatuf newspapers and Universal Tv were closed off and two journalists from Haatuf were kidnapped in May 12, 2014 and held in detention for three weeks.
The European Union Human Rights Working Group, on Press freedom, while welcoming the initial release on bail of Haatuf journalists, appealed to the Somaliland authorities to lift restrictions on Haatuf media, as well as Hubaal media(Aug 29, 2013) and Universal TV (Feb 4), which were shut down earlier this year to continue their operations. It called for fair and transparent trials following a civil procedure, and not a criminal procedure, for journalists accused of defamation, in accordance with the Somaliland Press Law and with international standards. They requested that the government take appropriate measures for the protection of human rights defenders, journalists and the security of citizens. The journalists believe that amendments brought to the deeply flawed Press Act of 2004give law enforcers broad powers of arrest and are restrictive to freedom of expression.
The current persecution of Haatuf journalists recalls that of Hubaal newspaper. In APR 2013, Mohamed Ahmed Jama 'Aloley', a manager of Hubbaal newspaper, suffered a broken arm and a gun-shot wound when his office was attacked by two off-duty policemen. Further bodily damage was averted when the office colleagues came to his rescue, by restraining his attackers, according to the media. The reason for the attack was unclear, but the police never arrested the suspected shooter and the case was reportedly closed. However, Hubaal described the attack as a "targeted-shooting incident." Aloley was seen as a thorn in the side of the current leader, as the publication printed several scathing articles on alleged corruption and nepotism in Somaliland. And while Somaliland in the north often promotes itself as safer and more respectful of human rights than the rest of Somalia, it has been sharply criticised by rights groups for infringing on free speech. HRW accused the government of arbitrarily detaining journalists, activists, and political opposition figures, and its prosecution of journalists for insulting or defaming public figures.)
As a civil society we find these sentences are not compatible with democracy but that it is wrong for journalists to be arrested and persecuted so arbitrarily in connection with their work. We also condemn the arbitrary treatment the Haatuf received from the police, who damaged some of their professional equipment. This was the latest attack on media figures, which seems to have been designed to eliminate critics of the regime. The two journalists were arrested and leading two news websites were completely blocked (APR 9) in order to silence critics. Their kidnapping and blockage of their websites also sent an intimidatory message to all other owners and journalists. The human rights defenders recommended that the government should adopt a holistic protection approach that looks at the legal, psychological and physical protection measures and the creation of an enabling environment for the exercise of freedom of expression.
The Haatuf employees are paying with their lives for their commitment to media pluralism at a time when corrupt elements within the government stop at nothing in an attempt to impose silence. It is high time for the government to implement concrete measures to protect working journalists and arrest those responsible for these attacks, so that they cease to act with complete impunity.
Somalia/Somaliland region is ranked 174th of 180 countries in the 2014 World Press Freedom Index compiled by Reporters Without Borders. The 2014 World Press Freedom Index spotlights the negative impact of conflicts on freedom of information and its protagonists.
RSF indicates that the levels of poverty and authoritarianism are higher in the Horn of Africa than anywhere else in Africa. "Civil liberties are collateral victims", according to RSF. The various factions are waging an all-out information war that has been exacerbated as usual by the approach of the up-coming presidential election. It appears that almost all attacks were directed against journalists when they were covering corruption allegations, clashes between political parties, rivalry and in-fights between political cadres, and clashes between the police and political parties.
Five months ago, Human Rights Center released a report documenting a surge of attacks on journalists in Somaliland - including by government forces - since President Ahmed Silanyo took office in 2010. The government has taken no measures to address these attacks. The latest steps against Hubaal and Haatuf could be a harbinger of further crackdowns on free media coverage in Somaliland.
Journalists are protected as civilians under international humanitarian law. UN Security Council Resolution 1738on the safety of journalists in conflict situations, adopted in DEC 2006, condemns attacks on journalists in conflict zones. The UN General Assembly resolution on the safety of journalists and the issue of impunity, adopted in NOV 2013, "condemns unequivocally all attacks and violence against journalists and media workers, such as torture, extrajudicial killings, enforced disappearances and arbitrary detention." It also urges "member States to do their utmost to prevent violence against journalists and media workers (...) and to bring the perpetrators of such crimes to justice."
Article 19 of the International Covenant on Civil and Political Rights, to which Somalia is a state party, likewise affirms, "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice." Article 9 of the African Charter on Human and Peoples' Rights, to which Somalia was also a state party, requires Somaliland to protect the freedom of expression and the rights of all to receive information.
On May 30, 2014, a Somaliland: Press Release by the Human Rights Working Group on Press freedom reads: "The Human Rights Working Group, a group of international partners comprising the European Union, its Member States, Norway, Switzerland and the United States, wishes to express its concern over the forced closure of the newspapers Haatuf and Somaliland Times, and of the website of Haatuf."
"Focus on Haatuf and Hubaal newspapers"
On May 13, 2014, Haatuf reporters were arrested for criminal defamation, according to NUSOJ press release. The charges were brought by two government ministers. Minister of Minerals, Energy and Water Resources, Hussein Abdi Duale and Minister of Interior, Ali Mohamed Waran Ade accused Haatuf newspaper of spreading false information. Meanwhile, the journalists were denied bail. On Tuesday, a judge postponed indefinitely a bail hearing for the two defendants, according to news reports.
One of the defence lawyers told media that he had not been allowed to visit his clients in prison and was therefore unable to properly prepare their defence. "I have repeatedly tried to see my clients but my requests were denied," he said, hinting that he might cease to represent them if access continued to be impossible.
The proceedings against these two journalists violate Somaliland's own laws, especially the 2004 press law, which decriminalizes media offences and which, according to the Somaliland constitution, takes precedence over the harsh Somalia's penal code. This judicial farce is compounded by a conflict of interest, since the two government ministers named in the offending article are so far the only people to have testified.
"Defamation" is a catch-all term for any statement that hurts someone's reputation. Written defamation is called "libel," and spoken defamation is called "slander." Defamation is not a crime, but it is a "tort" (a civil wrong, rather than a criminal wrong). A person who has been defamed can sue the person who did the defaming. (For in-depth information on defamation claims, check out )
These allegations are an attempt by the government to intimidate and silence the reporters. The journalists have been jailed for just doing their jobs -- and for a less obvious one, the implication that any criticism of the government could lead to a jail term. This just shines a spotlight on the nasty underbelly of Somali political life. This is not the first time the award-winning investigative journalists have been targeted by those threatened by their reporting. Governed by a leader Reporters without Borders has called an authoritarian "predator of press freedom", as were the case of both of his predecessors, Somaliland holds a dismal record for freedom of speech and information. Somalia/Somaliland region is ranked 176th out of 180 countries in the 2014 Reporters Without Borders press freedom index. (To be honest, it is worth reading Max Fisher's article on why it is hard to make absolute statements about the relative data collected by Reporters Without Borders.)
Apparently, these charges against them are clearly fabricated and punitive in nature. The reporters believe that the case is "clearly politically motivated" and revenge for their publishing stories about the "dark side of a ruling political party"- involving public funds from the oil prospectors misused in UK and California. The ministers, on their part, said the journalists had not provided any evidence to support the allegations, the reports said.
Yet what is happening in Somaliland and elsewhere is alarming. Fear of prosecution creates a chilling effect on reporters, resulting in self-censorship that is just as stifling as direct censorship by journalists, which is indeed a horrendous prospect for any democracy.
Advocates, politicians, and human rights defenders are expressing outrage over the accusations of defamation being directed at journalists in Somaliland. The government's argument that the law prohibits publication of false news with intent to cause fear and alarm to the public should be deleted from statute books because publishing false news is an ethical issue and not a legal matter.
As a civil society, we express concern for the safety of the journalists, contending that Haatuf has been the target of consistent and sordid attacks by the government because of its investigative journalism. We call for the government of Somaliland to uphold its commitment to media freedom - and to stop harassing journalists. We appeal to Hargeisa to release Haatuf reporters.
Here we advocate free press, universal and independent Internet access, unregulated media ownership, vibrant public media and responsible journalism. We have to work in our online communities and in Hargeisa to fight for policies that protect all acts of journalism .
"I shall be honored to go to jail. "Under a dictatorship, the detention cell is a place of honor".-- Senator Miriam Defensor Santiago (Philippines).
Lets not forget other reporters who paid the ultimate prize. 55 journalists were killed in Somalia/Somaliland region since 1992. Hundreds of others were wounded or were forced into exile. For some background in Somaliland, see HRW. "Hostages to Peace: Threats to Human Rights and Democracy in Somaliland" (2009) and The Chained Constitution: The Occurrences of Human Rights Violations in Somaliland [pdf] (2013)
"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers". -- Article 19. The Universal Declaration of Human Rights.
Fight for your rights to know and communicate, regardless of which one, such as ina hebel (a son of so and so) in power. Keep informed about breaking news in the fight for a free press. Free speech rights need constant, vigilant protection. From your keyboard, please support #FreeThePress hashtag. Government censorship protects you from actual reality. Without free press, a state is just a sham entity, which needs to be saved. Without it, other fundamental rights, like the right to vote, would wither and die.
A free press plays a important role in sustaining and monitoring a healthy democracy, as well as in contributing to greater accountability, good government, and economic development. In established democracies the freedom of the press covers invasion of privacy, free expression, access to government information, prior restraint, commercial speech, libel, and slander. Independent, free and pluralistic media are central to good governance in democracies that are young and old.
There is a direct link between freedom of speech and vibrant democracy, which are lacking in many countries. The newly founded democracies around the world are attempting to develop and guarantee press freedoms in their constitutions. The press faces many challenges, such as imprisonment and execution of journalists, closure of press facilities, censorship and restraint of publication, and other economic and ethical pressures.
"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men." - Lord Acton (1887).
Learn more what journalists go through to bring you the news that people take for granted. Check the "Ten Ways to Repress a Journalist", by Amnesty.
"Freedom of the press cannot be limited without being lost." - Thomas Jefferson.
To maintain fairness on both sides, the public is also accountable to call out instances of irresponsible conduct by the reporting press. "Freedom of the press" does not equate to "license of the press". The exercise of this right or any right enshrined in the any bill of rights, indeed, comes with an equal burden of responsible exercise of that right. The recognition of a right is not free license for the one claiming it to run roughshod over the rights of others. Journalists bear the burden of writing responsibly when practicing their profession, even when writing about public figures or matters of public interest. Journalists are not storytellers or novelists who may just spin tales out of fevered imaginings, and pass them off as news. There must be some foundation to their reports; these reports must be warranted by facts. 1947 Hutchins Commission's landmark report called the press to serve the society that has accorded it that freedom. "The freedom of the press can remain a right of those who publish only if it incorporates into itself the right of the citizen and the public interest," the commission wrote.
"Journalism is printing what someone else does not want printed. Everything else is public relations." - George Orwell.
"Concluding remarks on human rights"
The human rights page here documents the evolving human rights conditions, stretching back to 1992, in the Somali horn of Africa.
Both the human rights and the sustainable development pages have seen extensive updates both in content and functionality.
The human rights page shows the evolving picture of human rights protections and discourse since 1991 in Somali horn of Africa. Despite its halting progress and many imperfections, this is the story of striving, in the midst of adversity, to take forward the idea that countries recovering from conflict can be governed on the basis of respect for the human rights of all, without discrimination on grounds of ethnicity, sex, language, religion, or related prejudices.
Despite the crisis contingent in the waging of the US War on Terror, where we got the unfortunate moniker "security-development nexus" and the growth of Islamic religious right and the AMISOM's interventions, recent political innovations wouldn't have been possible if there wasn't an increased awareness of the fundamental role of human rights in any political reconciliation. Such included the holding of a series of elections in Somaliland, the holding of peace conferences within Somalia proper, the acceptance of the secret ballot, the use of the so-called 4.5 power-sharing formula, and the growing condemnations of sexual violence.
It is through these combined changes that hold promise that this post-conflict society to stabilize and normalize toward durable solutions and sustainable peace. This however long post-conflict period offers a window of opportunity to deliver peace dividends, provide basic security and public services, and build confidence in the political process, and strengthen core national capacity to lead peace-building efforts thereby beginning to lay the foundations for sustainable development .
Please contact CPJ, Reporters without Borders, IFEX, Article 19, Human Rights Watch and Amnesty International if you know a journalist in jail or injured.
By M. Bali.Oct 18, 2014
History of press crackdown