The National Union of Somali Journalists (NUSOJ) joins the world in commemorating International Human Rights Day on 10 December 2015 under the universal theme: "our rights, our freedoms, always".

This year’s theme is particularly relevant to Somalia and should spur the federal government and regional governments to institute incisive actions that entrench the practice and enjoyment of freedoms enshrined in provisional constitution of Somalia, specifically the right to freedom of expression.

This is of emergency considering that more than three years after the coming into being of the provisional Constitution of Somalia in August 2012, the country is still to align a plethora of old laws and new bills that infringe on media freedom, freedom of expression and the right to access to information.

Since 10 December 2014, Somali journalists continue to be victims of murder, imprisonment, threats and violence. The attacks on media prpofessionals have occurred in a climate of complete impunity. Six journalists were killed since last International Human Rights Day was celebrated. The killings in this year follow years of targeted violence against journalists.

There has been a disturbing evolution in the violence against journalists, who are being targeted not only by Al-Shabaab but also armed groups like Ahllu Sunnah Waljama armed group in central regions. 

Rights abuses against journalists range from arbitrary arrest to murder. The National Intelligence and Security Agency (NISA) arrested and brought before justice men suspected of killing at least three journalists, and executed two journalist killers who admitted before court of being responsible for journalists’ killings. 59 cases of journalists murdered still hang unresolved.

Somali Federal Police sometimes announce investigations into the murders immediately following the assassinations of journalists, but have since released no information about the status of these investigations, including whether they have charged anyone in connection with the killings. 

Federal Government and Puntland authorities have aggressively prosecuted seven (7) journalists for allegedly defaming public figures and harassed journalists covering politically sensitive topics. Journalists were prosecuted under Somalia’s penal code, which criminalizes defamation and provides heavy penalties or fines. 

This is despite the fact that Somalia’s provisional Constitution has a comprehensive Bill of Rights, which has been hailed as meeting international, continental and regional instruments through its explicit guarantees on, among others, media freedom, freedom of expression and access to information.

NUSOJ opposes criminal defamation articles in Penal Code of Somalia as a disproportionate and needless reaction to the need to protect reputations, and because they chill freedom of expression. The union has frequently condemned the use of criminal defamation articles in Penal Code, particularly in response to allegations involving political leaders or public officials.

This year’s commemorations correspond with the 50^th anniversary of the International Covenant on Civil and Political Rights  (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR). Somalia acceded to the ICCPR and ICESCR thereby committing the country to adopt and implement the human rights provisions of the two Covenants. ICCPR protects the right to free expression.

NUSOJ calls upon the federal government to match the progressive provisions of the provisional Constitution by reviewing draft media bill, repealing the country’s Penal Code in view of de-criminalising defamation, insult and publication and communication of false news.

These legislations impinge on media freedom, freedom of expression and citizens’ right to access to information as dictated by the constitution.

"As the world observes International Day of Human Rights, we want to stress that criticism of government is vital to the success of any democracy, including emerging democracies, whereas stifling the freedom of the media prevents free debate on vital matters of public concern” said Omar Faruk Osman, NUSOJ Secretary General.

"Oppressions thrive on mass ignorance and that the best governance ever is the one that tolerates divergent views and create enabling environments for its citizens”.