Amnesty International Report Imposes Somaliland’s Dissolution and Merge with Somalia - Part V

In four previous articles entitled "Somaliland’s Definite Rejection from the World Community Underscored by Amnesty Int’l Report–Part I"
(http://www.americanchronicle.com/articles/view/95769), "Devastating Amnesty Int’l Report Heralds the End of Somaliland’s Secessionism – Part II"
(http://www.americanchronicle.com/articles/view/95778), Somaliland - The Drama of the Displaced Persons Revealed in Amnesty Int’l Report – Part III (http://www.americanchronicle.com/articles/view/95844) "Somalia: Horrendous Human Rights Violations in Eastern Somaliland – Amnesty Int’l Report. Part IV" (http://www.americanchronicle.com/articles/view/95866), I republished the new Amnesty International Report on Somalia that focuses on Human Rights’ violations in Somalia’s northern provinces that were forced to separate and form – due to malignant involvement of the racist Abyssinian tyranny – a secessionist, anti-Somali pseudo-state that nobody recognizes, "Somaliland".

In the present article, I republish further parts from the devastating Report; for better understanding of the Report’s scope and significance, I also include the Contents.

Somalia: Human Rights Challenges: Somaliland Facing Elections
http://www.amnesty.org/en/library/info/AFR52/001/2009

Index Number: AFR 52/001/2009
Date Published: 17 March 2009

In the lead up to, during and after the upcoming presidential and local elections, scheduled for 2009, both the Government of Somaliland and the international community should pay greater attention to the overall human rights situation in Somaliland and consider ways to protect human rights. Amnesty International has been monitoring, reporting on and promoting human rights in Somaliland since 1991. This report offers recommendations to improve the respect, protection and promotion of human rights in Somaliland.

Somalia: Human Rights Challenges: Somaliland Facing Elections
http://www.amnesty.org/en/library/asset/AFR52/001/2009/en/ec9271de-98aa-4ec4-a85e-500f901375a6/afr520012009en.pdf

Contents
1. Introduction..........................................................................................................2
2. Background .........................................................................................................3
3. Security Committees, Forced Returns and Unlawful Detentions................5
a. Security Committees ..........................................................................................5
b. Forced Returns ....................................................................................................7
c. Prisoners of Conscience: Journalists and Freedom of Expression ...............8
d. Prisoners of Conscience: Political Opposition Figures...................................8
4. Displaced Persons in Somaliland ....................................................................10
5. Human Rights in eastern Somaliland..............................................................13
6. Somaliland under International Law ..............................................................15
7. Defending Human Rights in Somaliland .......................................................17
8. Conclusion: Not Yet Equal Justice under Law as Elections Approach …..20
9. Recommandations...............................................................................................22
Appendix I ...............................................................................................................25
Appendix II ..............................................................................................................26

7. Defending Human Rights in Somaliland

Some Somaliland government officials have admonished advocates of human rights in Somaliland because, they say, these rights distract from Somaliland’s claim to international recognition. They argue that human rights include collective rights, and that international recognition of self-determination is the most essential collective right in Somaliland today.

Other Somalilanders, many within civil society, urge international organizations and major donor countries to focus attention on the need for demonstrated improvements, to respect, protect and promote human rights for people throughout Somaliland, including journalists, human rights defenders, minorities and other vulnerable groups. They insist that the Government of Somaliland must take clear steps to protect individual human rights in order for their claim, and economic assistance, to be given serious attention by the international community.

Amnesty International asserts that the Government of Somaliland must meet its obligations to respect, protect and promote the individual human rights of all people in Somaliland no matter its international status. Somaliland’s human rights defenders and other civil society actors have advanced the rights of journalists, pastoralists, minority groups, displaced persons, the disabled, prisoners, women, children and other vulnerable populations in Somaliland with very little international financial support. Human rights defenders have frequently faced the risk of arrest or harassment while exposing human rights violations, since their actions have at times been perceived as spoiling efforts toward international recognition for self-determination, considered by the government to be a collective right superseding all others. Under Article 23 of Somaliland’s Constitution, "All citizens have the right to form, in accordance with the law, political, educational, cultural, social, and occupational or employees’ associations," but registration for civil society organizations was reported to have become increasingly difficult in 2007 and 2008.

The Upper House of Parliament, the House of Elders or Guurti, maintains a Committee on Human Rights. Members of this committee have told Amnesty International that it functions as an oversight body to monitor the human rights record of the executive branch, as well as adherence by individuals and institutions to "individual and collective human rights," perceived to include the right to self-determination for Somaliland.

A Human Rights Commission (HRC) has also been formed as a body intended to monitor and ensure the transparency and accountability of actions taken by the executive, judicial and legislative branches of government and their officials.

Amnesty International observed the HRC championing the interests of several groups of individuals whose rights had been violated in late 2007. However, the HRC appears to have limited independence from government influence to fulfill its oversight mandate. While an interim chairman was appointed, the exact configuration of the HRC, its staff and mandate remain unclear, and Amnesty International hopes that it will develop in a way that enables it to function independently of government bodies.

In the non-profit sector, prior to 2007, the Somaliland Human Rights Organization Network (SHURO-Net) frequently played a pivotal role in organizing and coordinating independent rights groups and activities in Somaliland. In 2007 a dispute between leaders of different member organizations within the network resulted in a split. This dispute followed a period during which SHURO-Net had been particularly vocal in its criticisms of Somaliland government actions which it considered to violate human rights. Government officials inappropriately assisted in the seizure and transfer of property from the old to new leadership of this formerly prominent human rights coalition.

There is clearly room for increased engagement on human rights issues in Somaliland. In its July-August 2008 Preliminary Human Rights Assessment on Somalia, the Office of the High Commissioner for Human Rights noted:

There is an obvious need for engagement with "Somaliland", despite and beyond the issue of recognition of its sovereignty. "Somaliland" is in dire need of attention with regard to capacity building, awareness-raising, and technical advice on several human rights issues.

This programme can be designed in cooperation with the local authorities, active civil society organizations and other UN agencies and international organizations.

Strengthening operations in "Somaliland" can help gather information regarding the situation in the south and central regions of the country… also by engaging the local NGO community, which demonstrated a keen interest in contributing to foster accountability and an end to impunity also in the rest of Somalia.33

8. Conclusion: Not Yet Equal Justice Under Law as Elections Approach

While overall human rights and humanitarian conditions have continued to worsen in southern and central Somalia, as well as in Puntland, a stable Somaliland has devoted attention to democratization, institutional capacity building, stability and development in its 18-year pursuit of international recognition of self-declared independence. While Amnesty International takes no position on Somaliland’s claim to independence, the international community should provide the de facto authorities of the Government of Somaliland with necessary support to promote the rights of its people, and to ensure its capacity to firmly establish broad human rights protections.

Somaliland is not without its own set of human rights concerns. Its border with Puntland remains contested, with several outbreaks of armed conflict resulting in human rights violations against the local population since late 2007. The economic, social and cultural rights of the people of Sool and Sanaag have received insufficient attention.

The government’s use of the National and Regional Security Committees presents cause for concern as it has led to the abuse of human rights, particularly since the suicide bomb attacks carried out in Somaliland in late 2008.

In 2007 and 2008 the Government of Somaliland briefly held several journalists and opposition leaders in prison, and Amnesty International maintains concerns about the need to ensure the protection of freedom of expression during the 2009 presidential and local elections.

Despite a lack of international assistance, the Government of Somaliland has provided refuge for tens of thousands of southern Somali displaced persons fleeing massive human rights violations in and around Mogadishu. But some of these vulnerable individuals have since fled Hargeisa, due to lack of assistance, as well as threats to their liberty which they feel have arisen amidst increasing national security measures.

While Somaliland has undeniably made demonstrable strides to protect and provide for its population and to build human rights, there is not yet equal justice for all people within its territory. Amnesty International encourages the Government of Somaliland, particularly during 2009 elections to respect, protect and promote human rights throughout Somaliland.

Notes

32 Somaliland Law at http://www.somalilandlaw.com/, accessed 18 February 2009,

33 OHCHR Preliminary Human Rights Assessment on Somalia Mission Report, 19 July- 2 August 2008, para 54.

Note
Picture: Another AI report on Somalia
http://www.amnesty.org/en/library/asset/AFR52/016/2008/en/b394e651-96e5-11dd-baed-87eba7d59a3c/afr520162008en.pdf