The New Somaliland Press & Publications Bill 2007

Somalilandlaw.com EDITORIAL 7/01/2008

The Somaliland Government has recently sent to the House of Representatives a new Bill on press and publications. The provisions of this bill (based almost entirely on the Yemen Law No: 25 of 1990 on the Press & Publications) run contrary to international norms relating to freedom of expression and the independence of the press and are not in line with the Somaliland constitution.

The considerable powers given to the Minister of Information (and other ministers) include even deciding on appeals from anyone whose writings have been turned down for publication by a newspaper’s editor (Article 46). These ministerial powers over the press and publishers/printers/distributors etc, the compulsory registration of all press and publication activities, including the practice of the profession of journalism, and the extensive criminal sanctions which add to the existing array of criminal offences in the 1962 Somali Penal Code contrast sharply with the current Somaliland Press Law (2004), which contains no criminal sanctions and is based on codes of conduct. Unfortunately the Somaliland Government has repeatedly made clear its dissatisfaction with the current press Law and has used the Penal Code and extra-judicial powers to detain and imprison journalists. It is no surprise, therefore, that the Somaliland Government is not putting forward amendments of the current Press Law, but is now proposing its wholesale replacement by this new Bill which introduces considerable criminal sanctions, such as fines and imprisonment (Article 99) for the infringement of its numerous provisions, as well as prohibition of continued practice of journalism or publication or even circulation of printed materials; confiscation of property, including printing presses (Article 101) and seizure of printed materials (Article 102).

In a well publicized recent interview (on VOA, Somali Service, on 26/12/2007), President Rayaale denied that there is any “proper law” currently dealing with the Press and described the Press Law (which he signed into Law in 2004) as one “written by them (?) And which is in conflict with the constitution and the laws”. He added that if a law does not include punishment or criminal sanctions (ciqaab), “it cannot be law” and opined that a “law is one which lays down punishment”. Referring to this new Bill that the Government has now sent to the parliament, he said they borrowed it “from the developed world” and added that one should follow the example of “what works in advanced countries”.

This disapproval of the current Press Law was underlined by the Supreme Court’s ruling last year which, incorrectly, in our view, described the law as subordinate “regulations” (xeer-nidaamiye). Without considering whether some of the old criminal sanctions in the 1962 Penal Code survived the provisions of the Somaliland Constitution or the Press Law, the Court upheld the convictions of journalists for, among other Penal Code offences, the crime of insulting the President and blaming him for the actions of his government (Article 220 – a replica of Articles 278 & 279 of the 1930 Italian Penal Code).

There is nothing wrong with borrowing laws that work, but, in this area of freedom of the press, the Somaliland Government’s choice of countries to emulate has not led it to turn to places that can be considered as models of good practice. The bill which pre-dated the 2004 Somaliland Press Law was initially based, word for word, on the Ethiopian Press Proclamation No. 34/1992, which had been very widely criticized. And now, despite public statements by the Government that this new Bill was proposed by experts in media law, it is, in reality, a wholesale re-production of the 1990 Yemeni Law, with amendments which increased the criminal sanctions. It has been reported that even Yemen is considering repealing this law, and organizations, like Article 19, have already criticized the provisions of the Yemeni law.

Somalilandlaw.com urges the House of Representatives to reject this Bill completely. Somaliandlaw.com recommends, instead, that:

• improvements of the current Press Law be made, in consultation with the media and the civil society;
• the self regulation of the press be strengthened;
• a modern civil law dealing with issues of libel be adopted;
• all the numerous criminal sanctions in the (1930s based) Somali Penal Code affecting the press be repealed;
• registration of press activities beyond that which is necessary for all businesses be abolished;
• separate broadcasting laws, including one which will make publicly owned broadcasting independent of the government be introduced; and
• Measures to entrench freedom of information and expression should be introduced.

The various issues in the Bill relating to publications, in general, copyright and the National Library are better dealt with in a more modern and less restrictive separate law(s).

Ibrahim Hashi Jama

www.somalilandlaw.com

07/01/2008

English Language translation of the Somaliland Press & Publications Bill

http://somalilandtimes.net/sl/2008/312/050.shtml

Free Press: An Integral Part of a Democratic System

In democratic countries, freedom of press implies that all people should have the right to express their ideas in writing or in any other way of expression or creativity. The Universal Declaration of Human Rights ( UDHR )indicates that every one has the right to freedom of opinion and expression. This right includes freedom to hold useful opinions and impart information and ideas through the media.

As we know or aware of, the freedom of press is an integral part of the democratic system, and individual rights. It is a necessity of democratic society. It is one of the greatest rights of a man living in a civilized society. The society or the nationwhich doesnt grant this right cannot claim to be a civilized society or nation. Every citizen should have the to think, the right to know, the right to express freely what he thinks as an interest, and the right to give constructive criticism. That is the only way to ensure human advancement.

Today Somaliland has one thing as an asset: the freedom of press of the press and speech. The patriot journalists ( not all journalists) give the citizens information about every thing important which happens in any part of the country and the world. Through the private press, we become aware of the latest changes in the political, social economic and the other spheres of life. With out free private press and good newspaper with certain an avoidable limitations, our society would remain in dark.

Somaliland is a democratic government and have a constitution which was supported by the majority of Somaliland people when the land-mark referendum were held in Somaliland on May 31, 2001. The constitution protects the freedom of public demonstrations, expressions of opinion, press and the other media. Section 3 of article 32 of the national constitution says: "Press and other media are part of the fundamental freedoms of expression and are independent. All acts to subjugate them are prohibited..." (Somalilandforum.com).

If it is so, protecting these rights is very very important. But, unfortunately as reported by the local newspapers, the government of Somaliland had submitted last weak to the parlimenta news "Press Law" which if implemented may undermine the entire independence enjoyed by the local media, tne newspapers and all types of the press. This is not our main object. Our main object is to follow the contstitution, to enhance the freedom of press and expression, to maintain the democtaric institutions and multy-party system, and to make Somaliland one of the most peaceful countries in the region with growing economy, good policy and a balanced budget.

If the "Free Press" shows responsibility, professional culture and give factual reports based on reliable sources of information, our government should not have the right to ban or harm it. If it shows the said culture, its independence is guarnteed in the constitution, and it will deserve price. The pess should show a professional culture, and the government shuold protect its rights. The "free press" is an integral part of any

democratic system, and Somaliland government is a democratic government.

Ahmed Eid Adam,

ahmediid@hotmail.com

“No One Can Harm Our Free Press, Its Independence Is Guaranteed In The Constitution”

Speaker of Somaliland lower house of parliament Abdirahman M Abdillahi (Iro)

Hargeysa, 10 November, 2007 (SL Times) – The speaker of Somaliland’s lower house of parliament, Abdirahman M Abdillahi (Iro), confirmed yesterday that the government had submitted to parliament, this week, the recent government revised ‘Press Law’ sanctioned by its council of ministers early in the year.

In a television interview, the speaker was asked by SLTV, “was it true that parliament received from the government its revised version of the current press law?”

“Yes, I can confirm that the said ‘Press Law’ has been handed to the house registrar, although I have not had the opportunity to study this draft [press law], and I have transferred it to the appropriate house select-committee responsible for media matters to review, prepare and present it and their recommendations for the house debate”, said Iro.

In reply to the question, “how do you see this new press law that the government wants to put in place of the current one?’ The lower house speaker said, “I cannot answer this, because, I have not read this new law. I can say at least that we will make sure that this new press law complements the old law and must be in agreement with and reflect the current law and its core articles.”

“We will be very cautious in establishing whether this new press law contradicts or fits the press law in use in the country at present”, the speaker added.

Asked to comment on recent press reports that the government’s new ‘press law’ seriously undermines the present ‘independence’ enjoined by the local media and the tradition of Somaliland having one of Africa’s most liberal media laws and a free press environment?

The speaker explained that “our constitution gives the media and freedom of speech the highest of priorities and places a special distinction over all other articles. I, therefore, believe that it’s not possible to harm or take away from our media its independence or undermine the free-press tenants enshrined in the constitution.”

Meanwhile, SL Times has seen the government’s new ‘Press Law’ which is currently being reviewed in parliament.

The government’s new press law is made up of 28 pages, divided in five major segments/parts and is composed of nineteen chapters containing a total of 120 articles, each article having many clauses and sub-clauses.

To give a brief account of just some of the sweeping changes which the government has drafted in this new press law:

4th Segment Subtitled-Law to publishers, printers, etc, etc…

Part 1 [printers]

Article 85: The owner and manager of the printing firm will be solely responsible for printing such material as deemed in this law as ‘non permissible’. [pg21]

5th Segment Subtitled-Non-permissible propagation

Part 1 [Non-permissible types of propagation]

Article 98

Clause d: ”Any thing which propagates ideas/perception which are or leaning towards being anti-state and national policies, tarnishes national unity or derails beliefs and perceptions of the country’s citizens.”[pg24]

Clause e: “Anything which taints/puts down the morale of the nation and its wellbeing or is intentionally insulting to a person’s character and honour. [pg24]

5th Segment Subtitled-Non-permissible propagation and type of penal/felony classification

Part 2 [Penal type/classification]

Article 99: Anyone found in breach of this law [press law] is liable to a fine of not more than 20million Sl/sh ($3,333 USD) or a prison sentence not more than two years. [pg 25]

Article 102: A Media company/publisher’s operations can be temporarily suspended and shutdown by the minister of information or his deputy by ministerial order for closure of the publisher’s operations, if the publisher is found to have propagated material contravening this press law can be taken to court in order to have the publisher suspend operations or assets liquidated by the ministry of information. The publisher has the right to appeal to a court of law against such suspension. [pg 25]

Source: Somaliland Times

http://www.somalilandtimes.net/sl/2007/303/1.shtml

Freedom Of Press by TV Somaliland Europe

Freedom Of Press Freedom Of Press

Tv Somaliland Europes ambition is to see the Recognition of the Republic of Somaliland by the the international community.

The Republic of Somaliland has been a Beacon and a good example to many countries of Africa as well as other parts of the world.

Because of the freedom of press that has been in practice in Somaliland.

A quality that we do not want to compromise nor loose at any expense.

Tv Somaliland Europe believes strongly in the freedom of press of which is one of the finest pilars of democracy.

We Under no circumstances serve any political party Agenda.

We also Think that all Somaliland Political parties should allways be treated with respect by all our journalsts through out the world.

We also believe that the Government of Somaliland Should on their part Respect the The dedicated press of Somaliland.

All harrasments or jails without trials of our journalists should cease to exist

The press of Somaliland on their part should respect and abide by the journalists code of conduct.

We are also urging our journalist to stop fabricating news that might be harmfull to the demoratization process of Somaliland.

We are also concerned about our journalists both back at home and outside the country.

We hereby are asking the Government of Somaliland to treat all Somaliland journailsts according to the constitution of the Republic of Somaliland.

Long Live Somaliland
Long live The FREEDOM OF PRESS

Adminstration Desk of Tvsle
Stockholm, Sweden

http://www.tvsomalilandeurope.net/pages/newsReadDetails.asp?Detail=5305

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