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 organiation 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. Hence it can help anone who desires to improve the human rights situation of omaliland Guleid Ahmed Jama cting xecutive irector of uman Rights Centre ecember 018 iv Acknowledgments uman Rights Centre thans the dedicated volunteers, members and staff of uman Rights Centre who made possible this report to be published. We are ver grateful to all of them and appreciate their helpful contributions and support. RC is also grateful to the individuals and organiations who shared their experience and stories to include in this report. Than you ver much. Than ou also to all the people and organiations 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 30th ecember 201 in Somaliland. omaliland, located in the orn of frica, declared restoration of independence from omalia on 199 after the central government of omalia led b ictator ohamed iad Barre collapsed. t is not recognied internationall as an independent countr. omaliland has a relative peace and holds elections. The Constitution of Somaliland approved in a referendum in 2001 contains a Bill of Rights and recognies 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. In this ear the previousl banned prominent newspaper, aatuf, was informed b tahe court that it can resume wor. The paper was shut down in 2014 after reporting allegations of corruption. urthermore, journalist Mohamed dan irir who was serving and months jail term for criminal defamation and publication of false news was released b a presidential pardon. At the bacdrop 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 • In 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. Man journalists were held for Facebook posts. This shows government’s focus on social media activities. • The Rape and exual Offences ct signed b the president of omaliland Muse Behi bdi on ugust 201 has been suspended as being contrar to the Constitution. The ct, which criminalizes interventions of clan elders in rape cases, was opposed b religious and traditional leaders. It was aimed to tacle rape cases, help victims and hold perpetrators accountable. The rejection of the law happens while rape cases are increasing. n ecember 018, the inistr of mploment and ocial ffairs stated that the have recorded rape cases.1 • Internall 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 recognied b the Somaliland government as IDPs an international organizations o recognize them as IDPs. The difference leaves vulnerable people in a legal vacuum. This affects their access to services, land ownership as well as documentation and legal papers. • olice ct wiel praised for providing accountability framework and protection of civilians was amended b the ouse of epresentatives at the reuest of the government. The amenment suggeste b the government removes accountabilit for the olice an enables the olice to work without oversight; • Interclan wars in ool and anaag regions caused the deaths of more than 100 people, wounded more and have displaced man people. mong those killed were civilians. 3 Recommendations To the government of Somaliland: ▪ Implement the ape and exual ffences ct and adopt an implementation strateg to ensure the law is full enforced; ▪ espect the freedom of expression enshrine in the onstitution of omaliland an accept the ecriminaliation of the meia and halt the detentions and prosecutions of ournalists. alt the restrictive orders intervening editorial decisions impose on independent media houses; ▪ Withdraw the amendment of the olice ct. eform the police and implement the olice ct an establish the indepenent police complaint body enshrined in the ct ▪ arr out comprehensive criminal ustice sector reform to compl with the fair trial stanards reuired b the onstitution of omaliland an international human rights law. These reforms should inclue Police and udicial reforms to permit accused persons to exercise their rights without restrictions, an treat inividuals with ignit and respect. ▪ rovie necessar services to people at s centres in omaliland. These services inclue health education securit, legal, protection sanitation etc. e-locate those who live on land owned b private individuals an locate to land to live with a registration; facilitate and coordinate to build shelters 4 that are in conformit with standards. arr out urgentl a wie-ranging assessment that covers all areas and sectors and be capable of identifying the assistance and protection of all vulnerable groups and implement national policies relating to Is and also clarify the legal position of the people from omalia South entral omalia). ▪ top arresting people for alleged crimes purportedl committe b famil members and arresting for civil cases. enerall, arbitrar arrests should be stopped and arrests shoul be conucted in accordance with the onstitution of omaliland. 5 Methodology The report is a result of research conucte in all regions of omaliland. regularl monitors and ocuments human rights issues in Somaliland b using monitors based in regions and verifying and recording information. conducted interviews an focus group iscussions in uraoa and argeisa. Three Is centres in urao were visited on ovember an 10 Is centres in argeisa were visite in March, pril and November . onitors interviewed residents of Is centres an