Somalia, Unrecognized Lawless State Somaliland, and Amnesty Int’l Report’s Recommendations. Part VI

In five 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), and "Amnesty International Report Imposes Somaliland’s Dissolution and Merge with Somalia - Part V" (http://www.americanchronicle.com/articles/view/95894), I republished parts of the new Amnesty International Report on Somalia that focuses on Human Rights’ violations in Somalia’s northern provinces which 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".

With the present article, I complete the republication of 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

9. Recommendations

Amnesty International appreciates opportunities it has had to present its concerns directly to Somaliland government officials, and the positive actions they have taken to address some of the concerns which were raised. It hopes to see further improvements in human rights protections carried out by the Government of Somaliland in the future in line with its recommendations.

For the Government of Somaliland

- Re-engage, by means of transparent and accountable processes in consultation with civil society, to build judicial capacity and the rule of law, and to ensure that trial processes comply with international standards.

- Bring current Somaliland laws and practices in line with international human rights, refugee and humanitarian law, as required under the Constitution.

- Release all prisoners of conscience immediately and unconditionally.

- Release prisoners currently detained incommunicado for prolonged periods without trial under orders of the National or Regional Security Committees, or immediately charge them with recognizable offenses, and ensure that they have a prompt and fair trial which complies with international fair trial standards. Allow them access to their families, lawyers and any medical care they may require.

- Reform the National and Regional Security Committees to bring them in line with Somaliland’s Constitution and international human rights standards, and make them subject to judicial oversight, or dismantle them.

- Refrain from transferring in any manner anyone to the custody of another state unless that transfer is carried out under judicial supervision, in accordance with international standards, and only after any such person who is seeking protection has had access to UN High Commissioner for Refugees (UNHCR) and the opportunity to apply for asylum.

- Reaffirm its commitment, as expressly stated in the Constitution, to respect and protect the rights to freedom of expression—including the rights to receive information of all kinds and press freedom, freedom of association and assembly for everyone in Somaliland, including in particular journalists, political opposition figures and human rights defenders throughout Somaliland.

- Protect displaced persons fleeing threats of grave human rights abuses in southern and central Somalia and throughout the region.

- Take demonstrable steps to protect the human rights of people throughout Somaliland, including economic, social and cultural rights in the disadvantaged regions of Sool and Sanaag.

- Ensure that elections are free from political violence and human rights abuses.

For All Parties and Party Leaders

- Include a commitment to human rights in party platforms, and jointly and publicly commit to uphold human rights and strengthen human rights protections.

For Election Period Observers

- Make human rights monitoring a key aspect of election period observation.

For UN Bodies and Agencies

- Provide emergency and other humanitarian assistance as necessary to displaced persons from southern and central Somalia seeking refuge in Somaliland.

- Allocate sufficient resources to the Office of the United Nations High Commissioner for Human Rights to establish an office in Hargeisa and to effectively monitor and report on human rights throughout Somaliland.

- Actively support networks of human rights defenders throughout Somaliland as well as Somalia.

For the International Community, including donor governments and international organizations

- Provide greater international attention and support to the de facto authorities of the Republic of Somaliland—both in the context of the Horn of Africa and in relation to its own domestic human rights and related issues.

- Support the further establishment and development of measures and institutions for human rights protection, police and security sector reform and oversight, and judicial capacity building in Somaliland. Such assistance need not address the question of international recognition, but would provide the support the Government of Somaliland needs to protect human rights for all people in the area which it controls.

- Support the establishment of measures to ensure the rule of law and freedom of expression, including press freedom, association and assembly in Somaliland, by providing necessary assistance to human rights institutions and civil society.

- Use all available diplomatic means to respond to actions taken by de facto authorities of the Government of Somaliland that threaten or violate human rights, and to urge the government to comply with its declared commitment to uphold international human rights standards.

- Support efforts to provide emergency humanitarian assistance programs that would meet the needs of vulnerable Somalis in Somaliland, in Somalia and throughout the region.

- Support development assistance programs to protect the economic, social and cultural rights of people throughout Somaliland.