Celebration of Human Rights Day 2007 in solidarity with Somali journalists

10th December 2007

As members of the human rights fraternity across the world gather at various venues to launch the year- long campaign to mark the 60th Anniversary of the adoption of the Universal Declaration of Human Rights (UDHR), the East and Horn of Africa Human Rights Defenders Network (EHAHRD-Net) calls upon all governments within the sub-region to re-examine their role in bringing to an end the violations of human rights and against human rights defenders (HRDs).

Particularly, HRDs in Somalia including journalists have endured the most difficult circumstances. The dangers they have faced include targeted assassinations that decapitate the top leadership of the organization (with the assailant or the organizer of the assault typically never brought to justice), arbitrary detention without trial by an authority, torture and degrading treatment, banning of an organization, confiscating of defender’s working tools, travel bans, or threats that force the HRD to flee and seek asylum elsewhere.

HRDs in Somalia work in a situation of armed conflict between the Somali government forces supported by the Ethiopian army, and the insurgents, characterised by grave violations of international humanitarian and human rights law, causing numerous deaths, including amongst their own active members in the past.

Particularly the Somalia Journalists have been hardest hit by all sides of the conflict. The TFG has increased its practice of repeated closure of media houses and arrests of journalists by its security forces. Such actions have created an environment where attacks against journalists by the TFG security forces and armed opposition groups in reprisal for their reporting have become commonplace. Intimidation of journalists has become a common practice by all parties to the conflict in Somalia.

Currently at least 24 journalists who fled the violations in Mogadishu are at serious risk in Somaliland, as authorities there recently ordered them out of the country accusing them of being a security threat. I was present at the journalists’ safe house in Hargeisa when the Somaliland Commissioner of Police, Gen. Mohamed Dubad Sangadhi announcement an expulsion order by the Government of Somaliland on 4 December 2007, exactly six days ago. He told 24 Somali journalists that, “Your presence here is endangering the national security of Somaliland. Therefore, this is an order; you must leave this country in 24 hours, failing which you will be taken to a court of law”. The Commissioner of Police was later interviewed by the BBC Somalia, and quoted stating that these journalists were threatening the security of Somaliland by writing stories against “our Ethiopian friend”.

Added to at least twenty other journalists already exiled in Kenya, and almost all of them present here today, clearly shows how grave a depletion the Somali media has suffered in the past couple of months. These energetic young women and men are more than courageous as 8 of their colleagues have already been murdered since the start of this year. As such, the imminent threat to these journalists cannot be over-emphasized - everyone must rise up, protect and support them to continue with their rightful cause of keeping the world aware of the situation in Somalia.

Available international and regional protection mechanisms for HRDs, including Journalists

In 1998, on the eve of the 50th anniversary of the Universal Declaration of Human Rights (UDHR), the UN finally adopted its important Human Rights Defenders Declaration, which unequivocally recognizes the right of every individual to promote and strive for the protection of human rights, nationally and internationally, and requires governments to take all steps necessary to ensure that human rights defenders including journalists can do their work in safety. The Declaration has been endorsed and backed up in numerous resolutions within the UN and other multilateral bodies, including the African Union, and the Council of Europe, and has been welcomed and promoted in numerous international meetings.

In 2000, an important step was taken of nominating a high level expert within the UN system, responsible for safeguarding the new Human Rights Defenders Declaration, and Hina Jilani was named Special Representative of the Secretary General on human rights defenders. In the seven years since her appointment, her work has done much to expose the challenges and dangers faced by human rights defenders everywhere, including in Africa. Ms. Jilani has now of course been very importantly joined by Commissioner Madam Reine Alapini Gansou, who has taken on the new role of Special Rapporteur on Human Rights Defenders in Africa. Their work must be supported by us all, must be adequately resourced, and we must press governments to comply with the very helpful recommendations they continue to propose as to what needs to be done to better protect human rights defenders and support their work.

The European Union has moved ahead and tried to bring greater focus, by sourcing political support through its Guidelines on human rights defenders. A good example of this commitment is amply demonstrated by the Government of France represented here by H.E. Madam Elizabeth Barbier of supporting this gathering at the start of a two-week long training workshop for Somali journalists present in Nairobi. That marks the beginning, by far not the endpoint, of what is needed internationally to secure and bolster the work of human rights defenders including journalists in Somalia.

Recommendations to Somali Transitional Federal Institutions (TFIs)

EHAHRDP/Net is calling on Transitional Federal Institutions in Somalia to recognize and respect the legitimate role of journalists by ending their ongoing attacks and by according to them effective protection as provided by the Transitional Federal Charter and Article 19 of the UDHR.

The Transitional Federal Government to conduct independent and impartial investigations into the unlawful killing and increasing threats of violence against journalists and to bring those responsible to internationally accepted fair trial without recourse to death penalty.

The TFG must also put to an end to its practice of repeated closure of media houses and arrests of journalists by its security forces.

Appeal to Somaliland authorities:

EHAHRDP/Net calls on the Somaliland authorities not to expel the 24 Somali journalists currently in Hargeisa by extending their permission to stay and by providing them with protection and safety in Somaliland. Their fundamental human rights should be respected in Somaliland, including their right to freedom of expression.

Appeal to all parties to the conflict in South/Central Somalia:

To stop immediately all attacks against civilians and staff members of the AMISOM; to facilitate free access and the work of humanitarian organizations and UN agencies in the country; to adopt a ceasefire without further delay; to respect the right to freedom of speech of journalists and human rights defenders; to continue and reinforce negotiations to create representative national institutions emerging from an inclusive political process as envisaged by the Federal Charter of Transition, with a view to achieving stability, peace and reconciliation in the country.

Appeal to the international community:

Robustly condemn the serious violations of human rights and international humanitarian law committed by all parties to the conflict; establish international justice mechanism for Somalia for the prosecution of the perpetrators of serious violations of human rights and international humanitarian law, with full respect for the right to a fair trial; and to send immaterially a high level UNHRC mission to Somalia;

Unequivocally recognize the tremendous value of Somali human rights defenders including Journalists, by providing financial and political support to their work at home and in exile and by granting immediate protection to human rights defenders at risk;

Particular recognition should be given to the value of the huge task that Women Human Rights Defenders accomplish in the protection of human rights and the reinforcement of democracy in Africa and in regards to the particular challenges that face WHRDs in the accomplishment of that mission, by encouraging the international agencies engaged in Somalia to accord a particular attention;

Concerned international bodies working for Somalia should establish and maintain regular information sessions with frontline human rights defenders including Journalists on issues related to the work and protection of human rights defenders as provided by the existing regional and international human rights mechanisms.

Finally, the entire East and Horn of Africa Human Rights Defenders Network joins me to thank:

The Government of France through its Ambassador H.E Madam Elisabeth Barbier;
The UNDP-Somali Human Rights Advisor Mr. Renaud Detalle;
The National Union of Somalia Journalists-founding and active member of our network, represented here by its dynamic Secretary General Omar Faruk Osman, and;
Our longstanding partner Amnesty International-International Secretariat- represented here by Dave Copeman, East Africa Campaigner based in Kampala.

I also want to extend our gratitude to the National Endowment for Democracy (NED), particularly its President Carl Gershman and the entire Africa Programme team, the Freedom House, and the Committee to Protect Journalists (CPJ) for their timely and generous support to our Somali Journalists’ protection fund, based in Kampala.

Friends, I want to ask you all to embrace the challenge set for us by the UDHR, and uphold its provisions as a first step towards the realisation of universal human rights. We must all work together to ensure that by the time we celebrate the 60th Anniversary of the UDHR, we shall not be reciting the same litany of agony on Somalia.

On behalf of the entire Network, I wish you all happy and peaceful celebrations.

Bravo to Somali Journalists!

Hassan Shire Sheikh
Chairperson, EHAHRDP/Net