US STATE DEPARTMENT REBUKED SOMALILAND GOVERNMENT ON HUMAN RIGHTS

For the second year running, US State Department strongly berated Somaliland government on human rights violations. It is lamentable rather than improving the malaise highlighted in the similar report in 2008, Riyale administration took the opposite path. It was incumbent on President Riyale to remedy the ills depicted in the report and lead the country back to the rule of law. He took the other extreme, adding salt to worsening contusion. To refresh your remembrance click the link here under for 2008 report
Org;http://www.americanchronicle.com/articles/view/146295

2008 Human Rights Reports: Somalia and Somaliland…Part C

http://samotalis.blogspot.com/2009/04/2008-human-rights-reports-somalia-and_7732.html

The 2009 report was released by USA State Department last week. It started with a brief background information to establish historical link between Somalia and Somaliland, and as Somaliland is not yet recognised, it is reported as a part of large and gruesome testimony on Somalia. Here-under I pasted the parts that concern Somaliland for your quick perusal. Those of you who prefer Somali version can read on this link:

http://samotalis.blogspot.com/2010/03/codkaaga-ku-ciil-bax-23-warbiixntii.html

2009 Country Reports on Human Rights Practices

Somalia* has an estimated population of seven million. The territory, which was recognized as the Somali state from 1960 to 1991, was fragmented into regions led in whole or in part by  thr ee distinct entities: the Transitional Federal Government (TFG) in Mogadishu; the self-declared Republic of Somaliland in the northwest; and the semiautonomous region of Puntland in the northeast. The TFG was formed in late 2004, with a five-year transitional mandate to establish permanent, representative governmental institutions and organize national elections. In  Janu ary an expanded Transitional Federal Parliament (TFP) extended the TFG's mandate until August 2011. For the first time, the Transitional Federal Institutions were all located in Mogadishu after the TFP relocated from Baidoa in February.

Role of the Police and Security Apparatus

Use of excessive force by Somaliland government forces resulted in the deaths of  demonstrato rs during the year (see section 2.b.).

In Somaliland an estimated 60 percent of the budget was allocated to maintaining a militia and police force composed of former soldiers. Abuses by police and militia members were rarely investigated, and impunity remained a problem. Police generally failed to prevent or respond to societal violence.

No action was taken against members of the security forces or militias who committed killings in 2008 or 2007, and there was no progress in the investigations of killings reported in previous years.

Arrest and Detention

Judicial systems were not well established, were not based upon codified law, did not function, or simply did not exist in most areas of the country. The country's previously codified law  req uires warrants based on sufficient evidence issued by authorized officials for the apprehension of suspects; prompt notification of charges and judicial determinations; prompt access to  law yers and family members; and other legal protections for the detained; however, adherence to these procedural safeguards was rare. There was no functioning bail system or the equivalent.

Arbitrary arrest was a problem countrywide.

During the year authorities in Somaliland and Puntland arbitrarily arrested journalists during the year (see section 2.a.); however, unlike in previous years, TFG forces did not arrest  journ alists, NGO workers, or UN employees (see section 4.).

Unlike in previous years, there were no reports of TFG-allied militia arresting persons at random and demanding "bail" from their family members as a condition for their release.

There were no reports of TFG police detaining persons without charge.

There were reports of politically motivated arrests in Somaliland. On April 4, Somaliland police arrested two Hargeisa mosque imams, Sheikh Ahmed Dayib Aden and Sheikh Abdullahi  Mohm ud. Police arrested Aden after morning prayers for comments made in Friday sermons about the upcoming presidential election. Somaliland authorities did not offer specific reasons for the arrests, and on April6, both clerics were released without charge. On April 14, Somaliland police arrested clan elder Boqor Saleban Hassan for attending a rally organized by an opposition  gro up on the previous day. On August 20, the opposition party UCID and KULMIYE Borame District party chairmen were arrested for allegedly fomenting insecurity by organizing unauthorized demonstrations. On August 21, the two leaders were released without charge. There were reports that arrested persons were sometimes held for extended periods while awaiting trial. Militias and factions held pre-trial detainees without charge and for lengthy periods.

Authorities in the country arrested or detained numerous persons accused of terrorism and support for al-Shabaab.

The report continues exploring all angles of judicial aspects, going this time to prison environment and administration. It said:

In prisons and detention centres, juveniles frequently were held with adults. The incarceration of juveniles at the request of families who wanted their children disciplined continued to be a major problem. Female prisoners were separated from males. Particularly in the south central region, pre-trial detainees were often not separated from convicted prisoners.

The Puntland and Somaliland administrations permitted prison visits by independent monitors. The September 17 UNIE report described conditions at Puntland's Garowe central prison as "terribly bad." According to UNIE, this was due to lack of capacity to hold large numbers of prisoners rather than intentional abuse. A project of Somaliland and the UNDP resulted in the formation of an independent prisoner monitoring committee. The UNDP also extensively trained the prison custodial corps on a variety of human rights problems. There were no visits by the International Committee of the Red Cross to prisons in Somaliland or in the rest of the country during the year; however, a prisons conditions management committee organized by the UNDP and composed of medical doctors, government officials, and civil society representatives continued to visit prisons in Somaliland. During the year the UNDP managed a program to improve Somaliland prisons by building new facilities and assisting in training wardens and judicial officials.

It touched briefly administration of justice in a court of law and exposed practices that are contrary to our constitution and democratic principles.

Denial of Fair Public Trial

The Somaliland constitution provides for an independent judiciary; however, the judiciary was not independent in practice. The Somaliland constitution is based on democratic principles, but the region continued to use laws that predate the constitution, some of which contradict  dem ocratic principles. Functional courts exist, although there was a serious lack of trained judges and a shortage of legal documentation to build judicial precedence. Untrained police and other unqualified persons reportedly served as judges. International NGOs reported that local  offici als often interfered in legal matters and that the Public Order Law in Somaliland was often used to detain and incarcerate persons without trial.

Political Prisoners and Detainees

There were no official reports of political prisoners or detainees, although some arrests and detentions, especially in Somaliland, appeared to be politically motivated. On September 12 and 13, there were reports that Somaliland authorities arrested and detained more than 100 persons, including several opposition leaders, after four persons were killed during the September 12 public demonstration in Hargeisa.

Civil Judicial Procedures and Remedies

The inability of the judiciary to handle civil cases involving such matters as defaulted loans or contract disputes encouraged clans to take matters into their own hands and led to increased interclan conflict. There were no lawsuits seeking damages for, or cessation of, a human rights violation. With the breakdown of the rule of law and the lack of a coherent legal system or effective government, individuals were not afforded adequate protection or recourse.

The report pinpointed collision of the constitution and the administration´s practice regarding freedom of speech and press. It specifically highlighted lack of independent and free radio  st ations. Equally it exhibited lack of freedom of assembly including the right to demonstrate. Due importance is given to September demonstration in support of the House of Representative in which innocent citizens were shot by the police. The testimony did not forget to regret  undem ocratic restrictions imposed on political parties to exercise their routine activities

Freedom of Speech and Press

The TFC and the Somaliland constitution provide for freedom of speech and press; however, th ere were instances of violence including murder, harassment, arrest, and detention of  journali sts in all regions of the country, including Puntland and Somaliland. The Puntland Charter  provi des for press freedom "as long as journalists respect the law"; however, this right was not  res pected in practice. Journalists engaged in rigorous self-censorship to avoid reprisals.

Although the Somaliland constitution permits independent media, the Somaliland government has consistently prohibited the establishment of independent FM stations. The only FM station in Somaliland was the government-owned Radio Hargeisa. The independent media suffered  incr eased harassment from the Somaliland government, especially in the period preceding the  pre sidential elections that had been scheduled for September 27.

Journalist arrests and detentions increased in Somaliland. On February 26, in Hargeisa, Somalila nd authorities arrested Mohamed Abdi Guled, editor of the privately owned weekly Yool; he  w as released on March 20. On March 29, Ahmed Suleiman Dhuhul, a member of the executive committee of the Somaliland

Freedom of Assembly

The TFC, the Somaliland constitution, and the Puntland Charter provide for freedom of  assemb ly; however, a ban on demonstrations continued, and the lack of security effectively limited this right in many areas. Security force use of excessive force to disperse demonstrators  resul ted in numerous deaths and injuries.

On several occasions Somaliland security personnel prevented opposition political parties from meeting with supporters and from holding public rallies. For example, on April 6, Somaliland  pol ice prevented opposition supporters from holding peaceful processions to commemorate  Soma lia National Movement Day. Police fired in the air and would not allow party leaders to address their supporters. Security agents often prevented opposition parties from organizing public gatherings and demonstrations.

On September 12, Somaliland security forces used excessive force when they killed four demonstrators and wounded many others during a peaceful protest in front of the parliament. Police and military personnel shot in the air to disperse hundreds of demonstrators, mostly youth, gathered to press authorities to reopen parliament. Police also arrested more than 100 persons in the incident. On September 13, the Somaliland Regional Security Committee (RSC) sentenced without due process 40 of those arrested to six months in prison. At years' end most of these persons were still detained. In its July report on Somaliland, Human Rights Watch accused the RSC of perpetrating gross human rights violations, stating the RSC routinely incarcerated persons, including juveniles, without any pretense of respecting the due process provided for in Somaliland's constitution.

There were no updates on the April and May 2008 killings of demonstrators in Somaliland and Mogadishu, respectively, and neither the TFG nor the Somaliland administration took action to punish the police perpetrators.

The report doesn´t forget the misuse of power against Qaran leaders. It repeated the fact that they effectively lost their basic right to freely participate electoral process. It said:

The Somaliland Constitution provides for freedom of association, and this right was generally respected in practice; however, in July 2007 Somaliland authorities arrested three opposition politicians who were planning to form a new political party. These persons were released in December 2007. President Riyale stated that he issued an official pardon; however, their judicial record was not cleared, and the leaders remained effectively blocked from participating in the electoral process as candidates for any party.

Somaliland has a constitution and bicameral parliament with proportional clan representation and an elected president and vice president. Somaliland authorities have established  functio ning administrative institutions in nearly all of the territory they claim, which is the same as the Somaliland state that achieved international recognition briefly in 1960 before entering into a union with the former Italian colony of Somalia. In a 2001 referendum, 97 percent of voters supported Somaliland independence.

The report elaborated direct responsibility of President Riyale on the endless postponement of elections. It gave adequate emphasis on the role of Gurti, hinting the fact that its term was  un ilaterally extended by the President, which looked like an advance bribe to legalise his  overst ay. Quote:

Elected in April 2003, President of Somaliland Dahir Riyale Kahin initiated several actions to postpone elections for the fourth time and extend his term in office. Beginning in 2006 Riyale initiated a process to extend the mandate of the unelected upper house of parliament, the Guurti, for four years. In April 2008 the Guurti postponed presidential and local elections and extended President Riyale's term in office for an additional year. After successful international mediation, the major political parties agreed to hold presidential elections in April 2009 after a national voter registration process under which each Somaliland citizen would receive a  nation al identity card. On March 3, the National Electoral Commission announced that presidential elections would be held on May 31; however, on March 28, the Guurti voted to postpone the elections and extend President Riyale's term in office to September 27.

The political impasse deepened, and on August 29, police closed the parliament building. In March and September, opposition political parties protested the decision to extend Riyale's term despite an earlier agreement not to allow any further extensions, and in September legislators tabled an impeachment motion in parliament. During a demonstration on September 12, Somaliland police fired into a crowd gathered in front of the parliament, killing four  demons trators and wounding others. Police arrested and detained more than 100 persons. An  extraj udicial process resulted in an estimated 40 persons being sentenced to six months in prison. The deadlock was broken on September 25, when the Guurti unanimously endorsed a six-point memorandum of understanding (MOU) produced by the international community to move the electoral process forward. The Guurti announced that President Riyale's term in office would end one month after elections were held. On September 30, the president and the two opposition political party leaders signed the MOU. On October 4 and 5, to begin implementing the MOU, all members of the National Electoral Commission resigned and President Riyale appointed a new commission, endorsed by all stakeholders. At year's end no date had been set for the elections.

It dealt with neighbourhood disputes and clan clashes, embracing comprehensively the  lament able armed conflict of El-bardale. The report referred to inaction from the authority as lack of sense of responsibility. A behaviour well known for Riyale's administration.

In April five persons were killed in disputes over the El-Berdaale farming land in Gabiley, Somali land. More than 100 clan elders went to Kalabeyd, used traditional mediation strategies, and brokered a ceasefire. In a related incident on July 11, unidentified militia members stopped travelers along the Borame-Gabiley road; they took 10 hostages and summarily executed four of them. Somaliland authorities did not make any arrests in connection with the killings. Clan elders sought to capture and hand over the suspects to police.

No action was taken against members of the security forces or militias who committed killings in 2008 or 2007, and there was no progress in the investigations of killings reported in previous years.

The report positively confirmed the territorial integrity of Somalialnd based on 1960 borders of British Somaliland and overwhelming support of its independence in 2001 referendum, yet it depicted areas of territorial disputes with Putland.

Somaliland has a constitution and bicameral parliament with proportional clan representation and an elected president and vice president. Somaliland authorities have established functioning administrative institutions in nearly all of the territory they claim, which is the same as the Somaliland state that achieved international recognition briefly in 1960 before entering into a union with the former Italian colony of Somalia. In a 2001 referendum, 97 percent of voters supported Somaliland independence.

Somaliland and Puntland continued to contest parts of Sanaag Region, as well as Sool Region and the Buhodle District of Togdheer Region during the year. Both governments maintained elements of their administrations in Sanaag and Sool regions, and both governments exerted influence in various communities. During the year there were no renewed hostilities in Las Anod, Sool Region. In January militias suspected of being from Puntland killed four Somaliland officials--two civil and two military--who were registering voters in Widhwidh, Sool Region. Unlike in 2008, there were no reports of population displacement due to conflict between Puntland and Somaliland. Somaliland forces remained in control of Las Anod.

All in all the report covered all human rights issues with factual precision, no exaggeration and little left. It revealed the ills associated with a democratically elected president whose  practi ces are contrary to its principles, a trend well known in Africa. It is a wake up call for all  Somalil anders to stand for their nascent democracy and bring back their government to the rule of law. This nation paid dear to establish its democratic institutions; it would not be allowed to lose the fruits of those who sacrificed with their lives

Violation of human rights is always accompanied by all social ills of injustice and corruption. It is a proof of bad governance, witnessed by lack of transparency and accountability. This triggers resource mismanagement and lack of social development, which usually ends with political instability and if not remedied on time turns into civil war and subsequent collapse of the state.

It is incumbent upon us all to take proper action immediately and stop deteriorating abuse of citizen´s rights and avoid dire consequence it can bring.

United we can build Somaliland where rule of the law is the norm.
ORG:http://www.americanchronicle.com/articles/view/146295

Read full report on my block, click this link:

http://samotalis.blogspot.com/2010/03/somalia-and-somaliland-2009-country.html