ANNUAL REVIEW Of human rights centre 2018
ANNUAL REVIEW Of human rights centre 2018 Printed in the Republic of Somaliland Human Rights Centre 2018 Badda Cas, Jigjigayar Hargeisa Somaliland www.hrcsomaliland.org Phone: +252 (0) 633 3278181 Email: [email protected]
i
TABLE OF CONTENTS Foreword………………………………………………………...iii Acknowledgment………….……………………………………v Executive Summary………………………..……………………1 Recommendations……………………...……………………….4 Methodology…………………………...……………………….6 Background…...... 7 Positive Developments………………………………………...8 Rape and Sexual Offences Act “suspended” ………………...... 9 Predicament of IDPs in Somaliland…...………………………11 Right to liberty and fair trial rights…………………………...17 Freedom of expression and protests challenged by prosecutions………………………….………………………22 Interclan conflicts in Sool and Sanaag regions………………...34 About Human Rights Centre………………………………...... 36
ii
Foreword Human Rights Centre HRC was founded six years ago for the purpose of defending human rights in Somaliland. ooking it back I see progress made by HRC as an institution. It was an institution created by young lawyers who were new to the field. HRC volunteers are now based in all the six regions of the country. hey help many people who seek support when they are in a predicament. And above all it is a platform to train young human rights defenders who want to contribute to improving the human rights situation of the country. his is the last report of the Human Rights Centre in which I will be writing the oreword. I am leaving after six years as the head of the organi ation I founded. I am stepping down very confident that the Centre will continue to grow and will stay strong to speak the truth when those in power do not want to hear it. Human Rights Centre is unapologetic about speaking up for those whose voices are not heard. he people of Somaliland clearly expressed their will by ascribing in the Constitution fundamental freedoms and rights which the “legislative, executive and judicial branches of the state and the local government of the regions and the districts of the Republic of Somaliland of all levels shall be bound by the provisions” of the Bill of Rights in the Constitution. The interpretation of the fundamental rights and freedoms “shall be interpreted in a manner consistent with the international conventions on human rights,” the constitution emphasises. Human Rights Centre stands for human rights as protected by the Constitution and international human rights law. I commend the heroic work of the Human Rights Centre’s volunteers who despite the challenges of intimidation and pressure remained strong and committed. he irreconcilable mixing of a progressive constitution and authoritarian laws and practices are the main obstacle holding back improvement of human rights in Somaliland. aws that predate and
iii contradict the Constitution are still applicable in omaliland and deprive people of their fundamental freedoms and rights. The annual report is a vital aspect of the wor of the uman Rights Centre. The report aims to show the gaps that exist, areas that need improvements, abuses that occurred throughout the ear, and provides recommendations. Based on carefull conducted data collection and documentation, the report is founded on facts. ence it can help an one who desires to improve the human rights situation of omaliland
Guleid Ahmed Jama cting xecutive irector of uman Rights Centre ecember
iv
Acknowledgments
uman Rights Centre than s the dedicated volunteers, members and staff of uman Rights Centre who made possible this report to be published. e are ver grateful to all of them and appreciate their helpful contributions and support.
RC is also grateful to the individuals and organi ations who shared their experience and stories to include in this report. Than ou ver much. Than ou also to all the people and organi ations that have helped us in an wa during the course of this report or the activities of RC in genera
v
Executive summary This is the annual report accounts and documentations made b uman Rights Centre between ecember to th ecember in omaliland. omaliland, located in the orn of frica, declared restoration of independence from omalia on after the central government of omalia led b ictator ohamed iad Barre collapsed. t is not recogni ed internationall as an independent countr . omaliland has a relative peace and holds elections. The Constitution of omaliland approved in a referendum in contains a Bill of Rights and recogni es the niversal eclaration of uman Rights.
ver ear, the uman Rights Centre issues an annual report to inform the government and the people of omaliland human rights issues that need improvement. n this ear the previousl banned prominent newspaper, aatuf, was informed b tahe court that it can resume wor . The paper was shut down in after reporting allegations of corruption. urthermore, journalist ohamed dan irir who was serving and months jail term for criminal defamation and publication of false news was released b a presidential pardon. t the bac drop of these developments, this report provides accounts of violations of freedom of expression, assembl and rights to fair trial.
1
The areas the report covers include
• n the period covered b this report, the uman Rights Centre documented people who were arrested for cases related to freedom of expression. This includes journalists and people who are not journalists. edia houses were shut down or suspended. ncreasing restrictions of freedom of media and expression have been recorded. an journalists were held for Facebook posts. This shows government’s focus on social media activities. • The Rape and exual ffences ct signed b the president of omaliland use Behi bdi on ugust has been suspended as being contrar to the Constitution. The ct, which criminali es interventions of clan elders in rape cases, was opposed b religious and traditional leaders. t was aimed to tac le rape cases, help victims and hold perpetrators accountable. The rejection of the law happens while rape cases are increasing. n ecember , the inistr of mplo ment and ocial ffairs stated that the have recorded rape cases. • nternall isplaced ersons s suffer continuous displacements, forced evictions, and lac of basic government services such as health, shelter, education, securit and food.
1https://www.youtube.com/watch?v=IWpVT6DrtX4&t=6s&fbclid=IwAR23GiPyULkpdF2rgiU VEhXFkzTdUOyXKPOkI236oa5lkSFrIWvMAvPV07Y
2
The people who came from omalia outh entral omalia are not recogni e b the omalilan government as s an international organi ations o recogni e them as s. The ifference leaves vulnerable people in a legal vacuum. This affects their access to services lan ownership as well as ocumentation an legal papers. • olice ct wi el praise for provi ing accountabilit framework an protection of civilians was amen e b the ouse of epresentatives at the re uest of the government. The amen ment suggeste b the government removes accountabilit for the olice an enables the olice to work without oversight • nterclan wars in ool an anaag regions cause the eaths of more than people woun e more an have isplace man people. mong those kille were civilians.
3
Recommendations To the government of Somaliland:
▪ mplement the ape an e ual ffences ct an a opt an implementation strateg to ensure the law is full enforce ▪ espect the free om of e pression enshrine in the onstitution of omalilan an accept the ecriminali ation of the me ia an halt the etentions an prosecutions of ournalists. alt the restrictive or ers intervening e itorial ecisions impose on in epen ent me ia houses ▪ ith raw the amen ment of the olice ct. eform the police an implement the olice ct an establish the in epen ent police complaint bo enshrine in the ct ▪ arr out comprehensive criminal ustice sector reform to compl with the fair trial stan ar s re uire b the onstitution of omalilan an international human rights law. These reforms shoul inclu e olice an u icial reforms to permit accuse persons to e ercise their rights without restrictions an treat in ivi uals with ignit an respect. ▪ rovi e necessar services to people at s centres in omalilan . These services inclu e health e ucation securit legal protection sanitation etc. e locate those who live on lan owne b private in ivi uals an locate to lan to live with a registration facilitate an coor inate to buil shelters
4
that are in conformit with stan ar s. arr out urgentl a wi e ranging assessment that covers all areas an sectors an be capable of i entif ing the assistance an protection of all vulnerable groups an implement national policies relating to s an also clarif the legal position of the people from omalia outh entral omalia . ▪ top arresting people for allege crimes purporte l committe b famil members an arresting for civil cases. enerall arbitrar arrests shoul be stoppe an arrests shoul be con ucte in accor ance with the onstitution of omalilan .
5
Methodology The report is a result of research con ucte in all regions of omalilan . regularl monitors an ocuments human rights issues in omalilan b using monitors base in regions an verif ing an recor ing information. con ucte interviews an focus group iscussions in uraoa an argeisa. Three s centres in urao were visite on ovember an s centres in argeisa were visite in arch pril an ovember . onitors interviewe resi ents of s centres an con ucte focus group iscussions for mi e groups.
aw ers u ges court clerks police officers etainees an famil members were interviewe . has observe ran oml selecte cases in argeisa egional ourt. prepare checklist was use to recor the observation of the case. ach case was followe from the beginning to the en to evaluate an recor progress ma e. nterviews with law ers u ges an prosecutors were also ma e.
eports of civil societ organi ations were reviewe as well as court ocuments such as u gments an charge sheets.
is not allowe to access police stations. Therefore etainees were interviewe at the court premises an release etainees were also interviewe .
6
Background omalilan locate in the orn of frica eclare restoration of in epen ence from omalia on after the central government of omalia le b ictator ohame ia arre collapse . pon gaining in epen ence from the ritish on th une omalilan oine a union with omalia a formerl talian colon . omalilan has a constitution approve in a referen um hel in . The constitution has a ill of ights an creates a bicameral legislative organ u iciar an e ecutive organ of a presi ential s stem. lections were hel for local councils an ouse of epresentatives an presi ential elections an .
resi ent use ehi b i was inaugurate on th ecember after he was eclare a winner in a presi ential election con ucte in th ovember . ehi running for the ruling ulmi e part compete with two opposition can i ates b irahman ohame b ilaahi of a ani part an Faisal li arabe of .
7
Positive Developments n th ul an appeal court in argeisa issue a ecision lifting a suspension impose on aatuf e ia roup on th pril after police rai e its office in argeisa. n the th une argeisa egional ourt sentence two ournalists from aatuf e ia roup to between three an four ears of imprisonment an a fine of fift million omalilan hillings. The were accuse of efamation an false news in relation to news reports about allege corruption b government officials. The ourt also rule the revocation of the license of aatuf e ia roup.
aatuf has not et resume publication. civil suit initiate b aatuf against the government of omalilan eman ing compensation is ongoing at argeisa egional ourt.
ournalist ohame an irir was release on th une on a presi ential par on. irir was sentence in a one a trial on th ctober to months in prison for charges of criminal efamation an publishing false news.
2 https cp .org somalilan authorities shut own in epen ent paper.php 3 https cp .org ata people mohame a an irir
8
Rape and Sexual Offences Act "suspended" n th ugust the resi ent of omalilan signe the ape an e ual ffences ct into a law after it was passe in an overwhelming ma orit b the ouse of epresentatives. mme iatel after signature members of the pper ouse uurti an religious lea ers oppose the law which criminali es interventions of clan el ers in rape cases. The outcr spearhea e b mams of mos ues accuse the government of enacting a law that contra icts haria. The inister of eligious ffairs in response sai the ct will be reviewe .
ccor ing to the onstitution of omalilan laws shall come into force within thirt a s beginning from the ate of their publication. The prosecution office continues appl ing the repeale enal o e articles an oes use the new law. The ct criminali es rape an other se ual offences. t also has proce ural provisions relate to the investigation an prosecution of rape an other se ual offences.
The ct was aime to tackle rape cases help victims an hol perpetrators accountable. n ecember the inistr of mplo ment an ocial ffairs state that the have recor e this
4 https://www.youtube.com/watch?v=WHD3V-l1nNs 5 HRC has seen charge sheets, and court records as well as talked to prosecutors
9
ear rape cases. ut the police state in their annual report in ovember that the have receive cases of rape. The olice report state that onl perpetrators were apprehen e an charge . The rest were not foun accor ing to the report. The ifference shows that man rape cases o not go to court at all. itionall rape is commonl one of the least reporte crimes. n rural areas where government presence is limite reporting is ver rare. n some cases victims are pressure to marr the perpetrators while others are resolve b clan el ers outsi e of court s stem an bloo compensation is pai instea .
6https://www.youtube.com/watch?v=IWpVT6DrtX4&t=6s&fbclid=IwAR23GiPyULkpdF2rgiU VEhXFkzTdUOyXKPOkI236oa5lkSFrIWvMAvPV07Y 7https://www.youtube.com/watch?v=ZO6arJvWcdw&fbclid=IwAR1m_BV1ZbNCZwuM6Dc9 VyIYtrdU39jIzj0tvr_ewjHe-hUuCG3wz_37HIo 8 HRC Interviewing a victims on 11 December 2018 Burco-Somaliland
10
Predicament of IDPs in Somaliland rior roughts an clan conflicts in ool an anaag regions isplace man people in . nternall isplace ersons s suffer continuous isplacements force evictions abuses an eprivation of their basic human rights. s are often not provi e protection b the state because of the absence of a functioning legal s stem an ineffective implementation an enforcement of international laws.
ffective national laws or policies on internal isplacement people can be promote to a ress the challenges of isplacement in a planne manner an to improve short term an long term responses. ack of effective legal frameworks for a vulnerable communit lea s to an increase in the abuses an violations in omalilan especiall the absence of clear gui elines with respect to the social an legal status of people from omalia south central omalia . The state has the ma or responsibilit towar s s. There is a nee for instruments that serve to clarif how to i entif s etermine their entitlements for protection an also allows responsibilit bu gets an a ministrative structures to be create .
ccor ing to the onstitution of omalilan s have the same rights as other citi ens but that ten s to be impractical the basic necessities such as foo water securit shelter an e ucation are the
9 Eastern Somaliland Protection Briefing Note, December 2018 10 UN Special Rapporteur on the Human Rights of Internally Displaced Persons Dr. Chaloka Beyan
11 bare minimum. neffective implementation of an polic an an aw pose ifficulties for them to obtain secure f lan tenure.
Force evictions have increase b the last four months of . The causes of eviction inclu e construction of new buil ings rent increase uncertaint of lan prices an wi esprea tenure insecurit mostl private in ivi uals using ocuments claiming the ownership of temporar lan inhabite b s. egall the lan belongs to the tate. owever the lan is largel in the han s of private citi ens. ack of or gaps of implementation of e isting policies an legal frameworks worsen the situation of IDP’s in relation to lan ownership.
ost of the camps are locate in far places an resi ents are istant from governmental services. The camps are istant from water sources access to communal services recreation facilities waste management etc. ome sites have ina e uate roa infrastructure.
The camps are mostl far from the cities an resi ents are force to come to the cit to seek obs or beg on the streets. Those who work complain of harsh working con itions with ver minimum wages the ma orit of them work as cleaners carriers an casual labourers. The
a vocac meeting force eviction tren in 12 Article 12 of the Constitution nterview ovember a s camp resi ent in uroa 14 Interview, 14 November 2018, 15 May IDPs camp resident in Buroa
12
s s s
s s IDPs s s s s s s s ss s s s s s s s s s s s s s IDP s ss P s s s s s s
s s s s s IDPs s s s s s s s s s s D s s s s s s s s
ss s s s s s s ss s s s procurement”. s s IDPs s s
s I Is IDPs s s s I IDPs s I Is IDPs s s I s s
13 pr ce o oo m r et rupt on n c o emp o ment opportun t e e m e to econom c r p .
e m or t o re oc te n re out e o t e c t e . ere re no po ce t t on n centre . e ent reporte pre ence o cr me p rt cu r r pe n ot er e u n en er e o ence n t e ence o ne r po ce t t on ct m o not et u t ce.
CASE STUDY
m not er re n me rom t n u c mp u er rom ment e t ue . e no one to t e c re o er ue to t e ct e o t ot er p rent e r o. e r pe n not report t to t e ut or t e . er c e not r re ccor n to t e nter e ee . ct m o not report p rt cu r t e perpetr tor rom t e c mp. n t e ence o n o ernment pre ence t e peop e n t e c mp re not protecte . omen c ren peop e t t e n t o e o c me rom out e o om n re more u ner e to u e .
e ter one o t e un ment n mme te nee o e pec t o e o re n tempor r c mp n c ecure tenure.
nter e t n u mp re ent nter e o em er cto er mp re ent
14
n m n centre n o ne pr te n u . re t r o orce e ct on n cont nu ce t re t pr te o ner . u ner t e re o oc te t num er o ot er r n u e e re urn t e t n ep r t on o m e . e c mp u e om tr t on ou e (aqalsomaali buul /) c re not e u te to u t n t pe o e t er con t on n t e c mp re not o e to u n t n perm nent or e u te. n t e ence o proper e ter t e re ent re o e po e to cr me n u e . n po c e n n o not t e nto ccount t e pec c rcum t nce o .
ren e cu t cce n c oo mo t o c mp o not e c oo . ere re no n e ect e e t c t e n t e c mp . nter e ee to t t ome o t em e to o to t e c t to ee e t er ce c t e c nnot or .
ere re roup n t e c mp o re cr m n te n t. e re t e n u n t per on t ment or p c t e m nor t peop e n peop e rom om . e peop e o c me rom om out entr om re not reco n e t e om n o ernment . ntern t on
nter e t n u mp re ent nter e o em er c mp re ent n uro nter e o em er r o o o o c mp re ent n uro nter e o em er c mp re ent n uro nter e t n u mp re ent n r e . nter e o em er c mp re ent n uro nter e t n u mp re ent n r e
15 or n t on or t e r p rt o reco n e t em . e erence put u ner e peop e n e cuum. ect t e r cce to er ce n o ner p e ocument t on n e p per .
16
Right to Liberty and Fair trial rights ur n re e rc or t e report oun t t t e c r tr re te r t re not re pecte epr n c r t rom m n ccu e per on . e on o er t on o r n om e ecte c e n r e e on ourt n nter e t er n ot er e pr ct t oner . prep re c ec t u e to recor ur n o er t on o t e c e. c c e o o e rom t e e nn n to t e en to e u te n recor pro re m e. nter e t er u e n pro ecutor ere o m e. e o er t on n nter e o t t t ere re mport nt re ect n r tr r t c nee ncement.
er re not o c o e to cce c ent n o ce t t on . ence et ne peop e o t rou t e n e t t on t e t out t e e ce n t nce u r ntee t e on t tut on t pu te n rt c e o t e on t tut on. t not compu or or per on to e e repre ente n om n . c o e repre ent t on t pre tr m nt e t e ccu e mp ct on coun e t to ne ot te n prep re t e c e n c n er re o ut on ttempt p e ne ot t on n u t p e t n e r t e.
27 Interviews in Hargeisa, Burao, Laascaanod and Boorama. 28 LEGAL AID AND ACCESS TO LEGAL REPRESENTATION: REDEFINING THE RIGHT TO A FAIR TRIAL, ASHER FLYNN, * JACQUELINE HODGSON, JUDE MCCULLOCH AND BRONWYN NAYLOR‡
17
et nee n po ce t t on comp n out po ce e t n . e o ence o t e po ce not n e t te or recor e t e n t tut on c n n o er t o . e ct m nter e e nc u e c ren un er t e e o o re pro ecute u t . o ce t t on o not e ep r te c t e or ect on or c ren. u en e re rre te t u t contr r to t e u en e u t ce .
e t e er on t me to e rou t to court c m e t e en or e ec u e t e per on t e n etent on t e c e on o n . e en nt re e n po ce t t on t t e tr t e. e po ce t t on re not u t or nten e to o per on or more t n our . u t e c oo n re o ercro e t poor n t t on. nm te n po ce t t on epen on m mem er or oo . e o ernment oe not pro e oo .
ccor n to t e nnu o ce report re e e on r o em er cr m n c e ere reporte to t e po ce et een nu r to o em er . n o t e e c e ere rou t to court. ore t n o t o e rou t to court re t pen n . ccor n to t e report ere re o e out e o t e court tem.
N R R O AR N Y
ure re t on o o em er po ce report.
rre t t out ue proce o re common. n contr r to t e on t tut on n po ce o cer c n rre t n et n per on t out nee o court rr nt e en en uc per on not n t e ct o comm tt n cr me. rt c e o om n on t tut on says “no person may be arrested, searched, or detained, except when c u t in flagrante delicto or on t e ue o re one rre t rr nt competent u e.” cre te n en ronment n c t e po ce c n u e t e popu t on. ourn t n o ernment cr t c re rre te t e po ce on t e or er n re ue t o po t c n . e u c o er t to o t e po ce ccount e oe not or m n te t e .
R
arents are arrested or a e ed crimes committed by their ad t sons any o these parents are not bro ht to co rt, b t there are many more who are remanded by co rts etained peop e await tria witho t access to in ormation ritten notice o the date o hearin is not handed o er to de endants e endants are in ormed by ho din po ice o icers hey are most o the time in ormed the same day as the hearin date or a day be ore the hearin awyers are not a so i en written notice in the ma ority o cases hey are in ormed thro h mobi e phone ca s made by co rt c er s
cc sed persons are not proper y exp ained the nat re o the char es a ainst them his is a prob em, partic ar y in cases where de endants do not ha e awyers d es do read the char e sheet s bmitted by the ice o the ttorney enera , b t they do not exp ain the case, the nat re o the case or the re e ant aws or artic es ost o the char e sheets are inc ded in the date and the p ace o a e ed o ence as we as the parties in o ed owe er, i the acc sed does not ha e a awyer and a char e sheet is ac in in ormation, d es do not demand s bmission o a corrected char e sheet copy o the char e sheet is not i en to de endants who do
O O
not ha e awyers awyers are i en a copy o the char e sheet on y when they prod ce power o attorney
n st ecember , the o se o epresentati es appro ed a o ernment proposed amendment o the o ice ct he amendments s b ect the po ice to the mi itary co rts and remo e an independent o ersi ht body hese chan es contradict artic e and artic e o the constit tion o oma i and rtic e o the onstit tion says the co rts o the ationa rmy sha ha e specia risdiction in hearin crimina char es bro ht a ainst the members o the ationa rmy in peace or war rtic e states no person may be arrested, searched, or detained, except when ca ht in a rante de icto, or on the iss e o a reasoned arrest warrant by a competent d e
he ct was irst si ned into a aw on th ecember by the resident a ter the o se o epresentati es appro ed on rd ecember , o erridin a eto o the resident who ret rned the i to the o se n rd ebr ary , the ice president who was actin as resident, ret rned the i to the o se o epresentati es he appro a o the ct was a positi e step orward he ori ina ersion o the ct created an o ersi ht body independent rom the o ice and s b ected the po ice to the risdiction o ci i ian co rts
O
Freedom of expression and protests challenged by prosecutions
rtic e o the constit tion o oma i and protects reedom o expression he constit tion pho ds the ni ersa ec aration o Human Rights and in article 10(2) says “the Republic of Somaliland reco nises and sha act in con ormity with the nited ations harter and with internationa aw, and sha respect the ni ersa ec aration o man i hts.” Despite the constitutional guarantees, the oma i and o ernment has arrested and prosec ted peop e or
statements they said or posted on socia media
n the period co ered by this report, the man i hts entre has recorded peop e arrested or cases re ated to reedom o opinion his inc des o rna ists and peop e who are not o rna ists he ena ode which o tdates the onstit tion is sed a ainst those prosec ted
aema hmed brahim, a poet and writer, was arrested on th an ary rom ar eisa a nternationa irport whi e she was tra e in to o adish , the capita o oma ia n th pri , the re iona co rt in ar eisa sentenced aema to three years in prison o er char es re ated to statements she a e ed y made in o adish ccordin to the char e sheet, these statements were “insult and defamation against the state.” The prosecution charged aema o two acco nts nti nationa cti ity o a citi en abroad
(article 212 of the enal ode) and ringing the ation or the State into ontempt (article 21 (2) of the enal ode). The court said it found aema of ringing the ation or the State into ontempt (article 219(2) of the Penal Code).” The charge is related to statements which the prosecution said is against ‘the separation of the Republic of Somaliland,” and calling Somaliland a “region”. Naema was released on th ay on a presidential pardon.
n 1 th pril 201 , a udge at Hargeisa regional court sentenced ohamed ayse Mohamoud to 18 months in prison over “offending the honour of the President,” according to the presiding judge who declared his erdict. ohamed ayse as arrested on th ebruary. The charge is related to a Facebook post saying the “president is a local, according to the charge sheet seen by the Human Rights entre. The udge said the post is offending the president by calling him a “local” while “the president is a national president,” the judge said in his udgment. Human Rights entre attended the hearing in hich the udgment as pronounced. ohamed as released on 1 th une on a presidential pardon.
o or sman uhumed ( no n as uurmado ) is a traditional leader. n 2 th pril 201 , the region court of Hargeisa ga e the elder fi e years ail in a one day trial. He was accused of “bringing
O A
the State into Contempt (article 219(2) of the Penal Code), and “circulation of false news (article 328),” according to the presiding judge. The judge also said he found Boqor Osman guilty of “insult to a judge during a hearing “(article 270). The charges were related to a traditional event held in rmo, a town located in the Puntland region of Somalia, where the elder attended an inauguration of another traditional leader. There he made a statement which “weakens the e istence of the sovereignty of Somaliland and denouncing the national army who are performing their constitutional duties,” the judge said.
The regional court, which is the first instance court, heard the case without the presence of his lawyer. The judge, hmed almar smail, pronounced the judgment on the same day. o or sman repeatedly asked the presiding judge for a lawyer and time to prepare a defence. The prosecution was heard and then the verdict was made by the court. The traditional elder was denied the basic fair trial rights enshrined in the Constitution of Somaliland and the Criminal Procedure Code. He had a right to legal representation and defence according to articles 2 and 28 of the Constitution. dditionally, he was not given time to defend himself.
n 2 th May 2 18, the appeal court in Hargeisa sentenced o or sman aw Muhumed Mohamed to three years in prison, reducing the five year jail term of the regional court. n 2 th une 2 18, the elder was released after the president e tended a pardon.
diasis dan allow was arrested on th e ruary 20 8 after he held a press conference criticizing the government over “lack of power sharing” in Sanaag region, east of Somaliland.3 e was released on 3 arch 20 8 without charges.
icensed lawyer dirisaq smail assan was arrested on 7th e ruary 20 8. e was rought efore a military court on the same day. The court remanded him into custody. The head of the ire fighters told the media that dirisaq works for them. 0 e stated that the reason for his arrest relates to statements pu lished on the online media which harm the reputation of the firefighters. ccording to him, Abdirisaq’s membership of the fire fighters justifies his appearance efore the military court. dirisaq has a license from the awyers icensing and isciplining ommission. s stated in article 0 of the onstitution of omaliland, the military courts ha e no jurisdiction o er a ci ilian person. e was released on 2 th e ruary 20 8 after the omaliland awyers ssociation negotiated with the head of the fire fighters, who then withdraw his complaints.
man ohamed ama and disamad aed li, comedians ased in as nod, were arrested on 2 th arch 20 8. The two comedians were arrested for a ideo clip pu lished in the ouTu e. The clip was a drama acted y the comedians and depicts alleged poor
ON A
performance of local government administrations in relation to land management. he drama angered the local government which ordered their arrest. he were released on April witho t an charges.
Public protests and right to assembly
nsanctioned protests are not allowed in Somaliland. n th a protesters were arrested in as Anood, the administrative capital of Sool region. he olice ommissioner of the region, Abdirisak ohamed aarah, said in a press conference that the demonstrators misled children and women made stone throwing and dist rbances in the cit . e confirmed that protestors were arrested. he regional a thorities called the protest illegal and destabilizing sec rit .
n rd a , a committee chaired b the speaker of the ower o se of the arliament who was leading a delegation of Somaliland in as Anood iss ed a decision banning na thorized press conferences and meetings being held in Sool. he decision has not provided a timeframe for the ban. n th ebr ar , three people with disabilities were given month jail for “defamation and circulation of false news.” he were arrested after protesting at the
R R
nternational a of eo le with isa ilities to show their discontent with the omaliland ational isa ilit orum . filed a case a ainst the three eo le. he case attracted u lic attention and eo le too the social media to show their dissatisfaction at the jud ment. he a eal court released them on ail. heir case was later dro ed the a eal court and the char es were dro ed.
Detention and prosecution of journalists
i e an other ear since uman i hts entre was esta lished in the ear the incidence of detention of journalists remains worr in in l hi h. he constitution uarantees freedom of media as stated in article the onstitution. he ress aw as well ro ides rotection to journalists. e ertheless media in omaliland wor s in a hard and intimidatin en ironment. ritical journalists are detained and media houses are shut down as this re ort shows. he enal ode of omalia enacted in the earl s is used o er media cases. he ode which redates the onstitution criminali es defamation and contains a uel worded articles that are often char e of journalists.
n the re ortin eriod journalists were arrested in omaliland of them were rosecuted and all of them were later released.
Sanaag 7% Hargeisa 22% Sool 25%
Togdheer Awdal 7% Sahil 32% 7%
i ure journalists’ detentions er re ion
he rosecuted journalists were accused of the followin criminal offences
➢ efamation ➢ su ersi e and anti national ro a anda ➢ rin in the ation or the tate into contem t ➢ rin in into contem t the fla or national em lem of a forei n state.
Reporting year o tain journalists Figure: otal nu r o t journalist arr st sin
Case Study ira an o a aa an a o a r al r arr st on t r in r ra a il r ion r r l as on ail on r r ros ution a us t o a ation u li ation o als n s an insti ation to iso t la s or in to t ar s t t r a us o t o i r nt stori s r lat to lan o n t o rn nt i as ur ort l trans rr to ri at o l t a or o t it ourt on i t t on t anuar an oun t uilt o a ation ut l ar t t ot r ar s ourt as i n a s n ont s jail r si in ju a t a ro osal to on rt t i rison nt into in s i t ai n t is ar an in r asin nu r o journalists r tain or a oo osts or instan a s ira an as arr st in as no o ool r ion on t ruar as
arr st or a oo osts riti al o t o rnor o ool r ion a or in to journalists as r l as on t ruar an as not ar it an ri
r ar o asions journalists r arr st on t r u st o a o rn nt o i ial o as in uriat a r ort a t journalist in u stion or a l on ar journalists o a li a ri an o a a o uls o an arinn s sit r arr st in ar isa r r l as on ar on ail or in to t o alilan ournalists sso iation t r arr st on t o laint o t t n ir tor n ral o t inistr o n iron nt o laint o t ir tor is lin to arti l s u lis in arinn s sit
n t r irisa a i li a journalist it al oorn s sit as arr st in a il as a us o ta in an int r i u lis in a li n s n t in i a la a all ations a ainst t a or o a il a or in to t ar s t irisa ar u s t at i not ta t int r i an t at o s not rit an t in on a il n s n t sit or in to risa si n t sit an an o r its o n r in irisa is a journalist an a si n r n t r t ourt r l as i on ail n st ril t ourt arr st i a ain ourt lat r ro t as a t r t a or it r t as
Suspension of Media Houses
n t a t inistr o n or ation issu a stat nt statin t at it as ann t o t l ision ann ls an ro o ratin in o alilan inistr or r t oli to s ut o n t ir o i s in o alilan stat nt sai that the two televisions “committed acts of political campaigns and clear propaganda war against the Republic of Somaliland.”
ana nt o t t l isions l arnt t ision ro t ia an as not in or o an o laint or n in ro ur ta n a ainst t n t un inist r o n or ation it r t sus nsion o a t r t inistr a on in o t ar u nt o t ana nt o t l ision t inist r sai in a l tt r in t n as r start its o rations in o alilan ut is still ann
n t un a ju at ar isa ional ourt issu a ision s uttin o n aa ri n s a r u on a r u st a t i o t ttorn n ral a or in to t ision s n u an i ts ntr ision sai aa ri is not ro rl r ist r ttorn n ral ar u t at t urr nt o n r o t a r assan ar assan is not t ri t ul o n r ourt
R
made the decision without hearing Waaberi‘s owner and editor. The owner appealed to the appeal court. n ul the ppeal ourt uashed the regional court suspension and allowed the newspaper to resume activities. urrentl the paper has resumed publication. owever the ttorne eneral has appealed to the Supreme ourt
Administrative Intimidations
he ministr of information imposed restrictive decisions over the media. n st ovember the inister of nformation bdirahman bdilahi arah wrote a letter to the ttorne eneral asking to take “a legal action” against two privately owned televisions, Saab and Star. he inister accused the two television stations of violating a previous order banning Somaliland media “of making any communications with a robber group led b aare,” says the Minister’s letter seen by Human Rights Centre. The letter refers to a former militar officer who left the Somaliland ational rm and formed what he called “an armed opposition group.”
he dispatch of the inister states that the televisions aired “on 27th October 2018 news detrimental to the sovereignty” of Somaliland, and as ed the ttorne eneral to ta e an action against Saab and Star televisions “to prevent the media to report news destabilizing the peace and securit of the countr .’ The management of one of the televisions named b the inister told the uman Rights entre that the have not violated the laws of Somaliland but aired statement
made by a “dissident colonel.” The Criminal Investi ation e artment s mmoned and interro ated aab and tar.
n th ctober the overnor o ool re ion instr cted all o rnalists based in ool not to rovide any ne s covera e to other “administration” or tal abo t anythin related to other “administration”. ince an ary clashes bet een omaliland and the ntland tate o omalia ha ened in ool re ion. The decision o the overnor ts ool o rnalists in a di ic lt osition. It attem ts to sto o rnalists do their or in a con lict area.
N
Inter-clan conflicts in Sool and Sanaag
ccordin to the olice ann al re ort o interclan ars in ool and anaa re ions ca sed deaths o eo le o nded more and have dis laced many eo le. mon those illed ere civilians.
Sool fighting
In early e tember and on nd ctober tribal clan i htin occ rred bet een t o s b clans ho reside to ether in r ral areas o ool. The last con lict occ rred in h may and abataa villa es hich are a ro imately and ilometres a ay rom as nood to n. In total eo le died in in ool. s n mero s so rces con irmed died in e tember i htin and died in nd ctober deadly clan ar hich er ted in h mmay villa e o as nood istrict. Tho sands o amilies ere dis laced accordin to re orts o h manitarian or ani ations.
Sanaag fighting
In il a ayn a district located in anaa re eated interclan ars bet een t o comm nities in the area ca sed in the deaths
O AR N Y
eo le and o nded accordin to the olice re ort. Tho sands o eo le ere dis laced. The clashes bet een the t o clans ho live in il a ayn is rec rrent and has been ha enin s oradically since .
Con erences convened to resolve clan ars in ool and anaa disre ard stice dimension h man ri hts ab ses and incl siveness artic larly omen artici ation. The lac o stice mechanism is a hindrance to a d rable sol tion and ives im nity to er etrators. The stice and sec rity instit tions are not e ectively resent in these areas. In ma ority o r ral areas there are no olice stations and nearest co rts are very ar.
htt s .yo t be.com atch v ar v cd bclid I m b C c yI trd I tvr e e h C Io
About Human Rights Centre
Background
The man i hts Centre C is a non ro it or ani ation established in an ary ith the aim o contrib tin to the rotection and romotion o h man ri hts in omaliland. C as o nded by la yers ho are ins ired by the ill o i hts in the omaliland Constit tion and the niversal eclaration o man i hts. It is re istered ith the omaliland overnment as a non ro it ma in and non overnmental or ani ation. C as ormed to cover the need or doc mentation and advocacy on h man ri hts to hel maintain the ains made by omaliland s nascent democracy. The central olicy o the man i hts Centre is to create and oster a c lt re o vol ntary h man ri hts activism here committed h man ri hts de enders ith assion contrib te to the rotection romotion and reali ation o h man ri hts.
Vision or omaliland lace here h man ri hts are rotected romoted res ected and l illed. Mission man i hts Centre e ists to de end and rotect the ri hts o h man bein s in omaliland.
Our Values e hold the val es o honesty stice and inte rity or all. e aim to or ith trans arency and acco ntability commitment and disci line. e enco ra e creative artici ation in nderstandin the need or s stainability and res ect or all. e ill contin e to strive or im artially and inde endence hile lacin reat val e on con identiality. e also a reciate the im ortance o vol nteerin hich orms the o ndations o o r or ani ation.
Areas of Operation C hel s and or s or the eo le o omaliland. It oc ses on v lnerable eo le omen the oor minority clans and victims o h man ri hts ab ses. C directs most o its attention to ab ses committed by the state. The areas C or s on incl de b t are not limited to olice br tality reedom o media and e ression se al and ender based violence ille al detentions the death enalty and reedom o assembly.
Contact: Email: hrcsomaliland mail.com Phone: Website: .hrcsomaliland Twitter: hrcsomaliland
ANNUAL REVIEW Of human rights centre 2018
ANNUAL REVIEW Of human rights centre 2018