Somali Journalists sound alarm as new Bill sparks human rights outcry

Journalists in Somalia have publicly opposed a proposed government bill which they argue will, if enacted, undermine citizens’ rights to information and accountability.

The National Union of Somali Journalists (NUSOJ) has issued a statement warning that the Official Information Bill (OIB) ‘is detrimental to the fundamental principles of democracy in the country’.

“The right to access information is a cornerstone of democratic governance, enshrined in international treaties and the Provisional Constitution of Somalia,” the statement reads in part. “This right is vital for promoting transparency, reducing corruption and fostering trust between the government and its citizens. However, the government’s introduction of the Bill starkly contrasts with these principles.”

The union also decried the lack of public consultation and stakeholder engagement in the Bill's formulation, believing it will further foster corruption cover-ups and hinder Somalia’s transition to democracy.

“Best regulatory practices dictate that significant legislation should undergo comprehensive public scrutiny. This process allows citizens, media professionals, civil society representatives and other stakeholders to provide input, raise concerns and suggest improvements. The exclusion of public consultation undermines the democratic process and risks implementing a law that fails to address the needs and concerns of the public.”

International standards

The journalists further stated that the Bill contains numerous unclear and undefined provisions, undermining its effectiveness and failing to meet international standards.

Critics also argue that the Bill grants excessive authority to national security institutions, promoting a culture of secrecy contrary to the goals of transparency and accountability. They note that universal law policy allows journalists access to information and protects their sources.

The Official Information Bill was presented by the Ministry of Information, Culture and Tourism to the Office of the Prime Minister on 28 February 2024. It was “swiftly” passed by the Council of Ministers in a record two weeks, according to the journalists and submitted to Parliament on 16 March 2024.

“This rapid progression is deeply concerning and undermines the principles of transparency and inclusivity that the Bill is supposed to promote.”

NUSOJ Secretary General Omar Faruk Osman has called for a review of the Bill alongside public engagement.

Democratic principles

He stated: “The Federal Government’s approach to the OIB demonstrates a troubling disregard for democratic principles. It is imperative that any legislation promoting transparency must itself be developed transparently and inclusively.”

“This Bill, in its current form, undermines the very principles it purports to enhance. The lack of public consultation and the overreach of national security provisions pose significant threats to democratic governance and transparency in Somalia”

"Although we support the intention behind the Official Information Bill, its execution fails to uphold the standards of accountability and human rights. We call for a comprehensive review and amendment process that includes broad stakeholder engagement."

“The excessive authority granted to national security institutions within this Bill promotes a culture of secrecy, counteracting the goals of openness and public trust.”

NUSOJ has asked the government to withdraw the Bill from the Parliament, review it and align it with the African Union Model Law on Access to Information. They emphasise the need for substantive input from citizens and civil society to build consensus, revise the Bill’s objectives to reflect the spirit of transparency and empowerment and ensure the right to information for every person as stipulated by international standards.

The journalists’ body is also calling for the review to include a robust appeals system, featuring an independent information commission to impartially handle disputes. They advocate for the introduction of financial penalties for obstruction in providing requested information and for amending the provisions related to national security to ensure they are narrowly defined and do not undermine transparency or human rights.

Somalia consistently ranks as the most corrupt country globally according to Transparency International's Corruption Perceptions Index (CPI). In 2023, Somalia received a score of 11 out of 100, placing it at the bottom of the list of 180 countries. This ranking reflects severe levels of public sector corruption, which remains pervasive across the nation.