Journalists Rights Violated in Somaliland: A Call for Government Accountability


Yesterday afternoon in Hargeisa, an alarming event unfolded as over ten journalists were apprehended by the police while covering breaking news regarding an altercation between inmates and guards at the Hargeisa Central Prison. This unfortunate incident not only saw the journalists being arrested but also being denied access to legal counsel and family visits. Shockingly, some are even unaware of their precise whereabouts, a blatant violation of constitutional rights as per Article 27(1) of the Somaliland constitution,, which guarantees the right of any detained individual to meet their legal representative, relatives, or chosen individuals.
The treatment of these journalists has been dehumanizing and inhumane, a stark contradiction to the principles outlined in the Somaliland Constitution and various international human rights agreements. Such incidents of physical assault, arbitrary arrests, and detentions are becoming increasingly common in Somaliland, undermining the constitutional rights and international commitments meant to safeguard freedom of expression. Notably, Guleid A. Jama, a respected human rights lawyer, highlighted that this incident marks the second time in the last decade that the government has detained such a substantial number of journalists.

Instances like these, including threats, arbitrary arrests, enforced disappearances, and attacks on journalists, perpetuate a climate of fear and hinder the truth from being reported. Protecting journalists and holding those who attack them accountable should be a global priority in upholding the fundamental freedom of expression.

The Somaliland Constitution, under Article 32, explicitly champions a free and independent press, prohibiting any form of subjugation. Moreover, Somaliland has endorsed key international treaties such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which explicitly safeguard and defend press freedom.

Despite these progressive constitutional provisions and global commitments, the Somaliland government must reaffirm its dedication to the rule of law. Arbitrary detentions that curtail free expression blatantly violate the law and undermine Somaliland's democratic values, which it proudly presents in its pursuit of recognition on the international stage.

According to the Human Rights Center's 2021  report, 114 individuals were arrested in cases related to the freedom of expression, indicating a concerning pattern. Social media reports have also highlighted incidents of physical assaults and threats directed at journalists.

While press laws and policies in Somaliland exist to protect freedom of expression, the effective enforcement of these laws remains inadequate. Journalists continue to face illegal arrests, government harassment, and abuse, all perpetrated with impunity, in clear defiance of established legal provisions. The legal system itself compounds the issue, employing an antiquated penal code rife with vague and broad crimes like criminal defamation, insulting public officials, or contempt against the nation. These overly broad laws are exploited by government officials to stifle critical reporting, disregarding regional and international human rights standards.

Additionally, the penal code criminalizes the propagation of 'fake news' without defining it, carrying penalties of up to six months in prison. This vague provision, along with restrictions on disseminating news that could supposedly disrupt public order, has been misused to imprison journalists. The safety of journalists is pivotal to safeguarding civil, political, economic, social, and cultural rights. They play a crucial role in uncovering truths and holding entities accountable.

Somaliland, born out of civilian opposition to a dictatorship that disregarded the constitution, must ensure the media's freedom and independence as mandated in its constitutional framework. Protecting and prosecuting attacks on journalists is the government's responsibility, as a free media is vital for public awareness and governmental accountability.

The government's persistent harassment of the media and journalists, including the unwarranted detention of journalists, must cease immediately. Failure to do so risks inciting public unrest and jeopardizing the stability and security of Somaliland and the Horn of Africa.

Civil society actors also have a role to play in advocating for journalist safety. They must highlight the indispensable role the media plays in shaping a democratic society. It is imperative that the government ensures public access to information and upholds the right of individuals to express their opinions, including criticisms of the government. Decision-makers hold the responsibility to prevent human rights violations and respect fundamental rights.

The government must rectify its treatment of journalists, withdraw all charges against those detained, and put an end to the worrisome trend of intimidating and detaining journalists. Failing to do so not only compromises fundamental rights but also risks instability in Somaliland and the broader region. Civil society, journalists, and the public must continue to advocate for press freedom and uphold the values of a democratic society.


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