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 important 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.
Legal and Human Rights Analysis
The recent arrest of over ten journalists in Hargeisa while covering an altercation at Hargeisa Central Prison is a significant violation of the Somaliland Constitution and international human rights law, highlighting broader concerns about the erosion of democratic processes. These journalists were denied legal counsel and family visits, contravening Article 27(1) of the Somaliland Constitution, which explicitly guarantees detained individuals the right to meet with legal representatives and family members. Furthermore, the treatment of these journalists—some unaware of their whereabouts—reflects a disturbing pattern of dehumanization and arbitrary detention, directly opposing Somaliland's constitutional protections and international obligations.
Somaliland's Constitution offers robust protections for freedom of the press and the rights of detained individuals. Under Article 32, the Constitution guarantees the right to a free and independent press, prohibiting any censorship or subjugation. These provisions are critical for ensuring freedom of expression, a pillar of any democratic society. Moreover, Article 27(1) ensures that anyone in custody has access to legal counsel and the right to be treated with dignity. The arrest and subsequent denial of legal counsel for these journalists blatantly contradict these constitutional safeguards. This action not only infringes on individual rights but also perpetuates a culture of fear that discourages media from reporting on sensitive issues.
Such violations weaken the democratic fabric of Somaliland, where the press serves as a crucial watchdog, holding the government accountable and informing the public. Without a free press, public trust in government institutions diminishes, leading to a breakdown in democratic processes. The continued arrest of journalists, along with threats, physical abuse, and harassment, illustrates a deliberate strategy to suppress freedom of expression.
In addition to its own constitution, Somaliland is a party to key international human rights agreements, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). Article 19 of both documents underscores the right to freedom of expression, which includes the freedom to seek, receive, and impart information. Arbitrary detention of journalists violates these fundamental principles. Furthermore, the denial of access to legal counsel and the apparent disappearances violate international legal standards, such as the prohibition against arbitrary detention under Article 9 of the ICCPR.
Failing to uphold these international commitments, Somaliland undermines its credibility on the global stage, particularly in its pursuit of international recognition. The treatment of journalists as criminals contradicts Somaliland’s aspiration to present itself as a democratic state respecting human rights and the rule of law.
The arbitrary detention of journalists and the government’s broader crackdown on media freedom have far-reaching implications for Somaliland’s democratic processes. Journalists are essential for ensuring transparency and accountability in governance. When they are silenced, the public loses access to critical information, and government officials operate without scrutiny. This undermines the public’s ability to engage in informed decision-making and weakens the democratic process.
Furthermore, the government's misuse of Somaliland’s penal code to criminalize free speech, as seen in the broad application of defamation laws, 'fake news' provisions, and other vaguely defined crimes, points to a legal system that is increasingly being used to stifle dissent. These outdated laws, rather than protecting public order, are being manipulated to silence critical voices. This impunity emboldens government officials to continue harassing journalists, contributing to a chilling effect that discourages investigative journalism and open dialogue.
The failure of the legal system to effectively protect journalists is another factor that contributes to the erosion of democratic values in Somaliland. Instead of defending constitutional rights, the legal system often sides with government officials, further perpetuating violations. The Human Rights Center's 2021 report highlighted the arrest of 114 individuals related to freedom of expression, signaling a systemic problem where legal safeguards are disregarded. The lack of accountability for these violations not only threatens press freedom but also weakens the overall rule of law.
In a functioning democracy, the rule of law should protect all individuals, particularly those who serve the public interest by exposing truth and holding power to account. Failing to address the violations against journalists, Somaliland risks eroding its democratic institutions and undermining public trust in the government.
The continued violation of journalists' rights in Somaliland represents a clear breach of both constitutional and international legal obligations. These actions erode democratic processes by silencing voices that are critical to government accountability and public discourse. The government must take immediate steps to rectify its treatment of the media, uphold the rule of law, and end the impunity that allows such violations to persist. Only by ensuring press freedom and protecting the rights of journalists can Somaliland safeguard its democratic future and maintain its aspirations for international recognition.
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 important 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.
Legal and Human Rights Analysis
The recent arrest of over ten journalists in Hargeisa while covering an altercation at Hargeisa Central Prison is a significant violation of the Somaliland Constitution and international human rights law, highlighting broader concerns about the erosion of democratic processes. These journalists were denied legal counsel and family visits, contravening Article 27(1) of the Somaliland Constitution, which explicitly guarantees detained individuals the right to meet with legal representatives and family members. Furthermore, the treatment of these journalists—some unaware of their whereabouts—reflects a disturbing pattern of dehumanization and arbitrary detention, directly opposing Somaliland's constitutional protections and international obligations.
Somaliland's Constitution offers robust protections for freedom of the press and the rights of detained individuals. Under Article 32, the Constitution guarantees the right to a free and independent press, prohibiting any censorship or subjugation. These provisions are critical for ensuring freedom of expression, a pillar of any democratic society. Moreover, Article 27(1) ensures that anyone in custody has access to legal counsel and the right to be treated with dignity. The arrest and subsequent denial of legal counsel for these journalists blatantly contradict these constitutional safeguards. This action not only infringes on individual rights but also perpetuates a culture of fear that discourages media from reporting on sensitive issues.
Such violations weaken the democratic fabric of Somaliland, where the press serves as a crucial watchdog, holding the government accountable and informing the public. Without a free press, public trust in government institutions diminishes, leading to a breakdown in democratic processes. The continued arrest of journalists, along with threats, physical abuse, and harassment, illustrates a deliberate strategy to suppress freedom of expression.
In addition to its own constitution, Somaliland is a party to key international human rights agreements, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). Article 19 of both documents underscores the right to freedom of expression, which includes the freedom to seek, receive, and impart information. Arbitrary detention of journalists violates these fundamental principles. Furthermore, the denial of access to legal counsel and the apparent disappearances violate international legal standards, such as the prohibition against arbitrary detention under Article 9 of the ICCPR.
Failing to uphold these international commitments, Somaliland undermines its credibility on the global stage, particularly in its pursuit of international recognition. The treatment of journalists as criminals contradicts Somaliland’s aspiration to present itself as a democratic state respecting human rights and the rule of law.
The arbitrary detention of journalists and the government’s broader crackdown on media freedom have far-reaching implications for Somaliland’s democratic processes. Journalists are essential for ensuring transparency and accountability in governance. When they are silenced, the public loses access to critical information, and government officials operate without scrutiny. This undermines the public’s ability to engage in informed decision-making and weakens the democratic process.
Furthermore, the government's misuse of Somaliland’s penal code to criminalize free speech, as seen in the broad application of defamation laws, 'fake news' provisions, and other vaguely defined crimes, points to a legal system that is increasingly being used to stifle dissent. These outdated laws, rather than protecting public order, are being manipulated to silence critical voices. This impunity emboldens government officials to continue harassing journalists, contributing to a chilling effect that discourages investigative journalism and open dialogue.
The failure of the legal system to effectively protect journalists is another factor that contributes to the erosion of democratic values in Somaliland. Instead of defending constitutional rights, the legal system often sides with government officials, further perpetuating violations. The Human Rights Center's 2021 report highlighted the arrest of 114 individuals related to freedom of expression, signaling a systemic problem where legal safeguards are disregarded. The lack of accountability for these violations not only threatens press freedom but also weakens the overall rule of law.
In a functioning democracy, the rule of law should protect all individuals, particularly those who serve the public interest by exposing truth and holding power to account. Failing to address the violations against journalists, Somaliland risks eroding its democratic institutions and undermining public trust in the government.
The continued violation of journalists' rights in Somaliland represents a clear breach of both constitutional and international legal obligations. These actions erode democratic processes by silencing voices that are critical to government accountability and public discourse. The government must take immediate steps to rectify its treatment of the media, uphold the rule of law, and end the impunity that allows such violations to persist. Only by ensuring press freedom and protecting the rights of journalists can Somaliland safeguard its democratic future and maintain its aspirations for international recognition.
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