Issue 304

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