A/HRC/33/64
judges have been trained in anti-terrorism legislation, security is often identified as the
main problem for civilian courts when handling anti-terrorism cases.
VII. Freedom of expression and the media
53.
During his mission, the Independent Expert raised concerns with the Minister for
Information and Culture on the restrictions to freedom of expression for journalists. The
media law was adopted by Cabinet in December 2015, and became law on 10 January
2016. Prior to its adoption, media stakeholders expressed their concern at its failure to
comply with international human rights standards. Some of the concerns were taken into
consideration, while others, such as those on the composition and the independence of the
Media Commission, and the requirements for qualification or eligibility to practice
journalism, were rejected, a decision that has been contested by media stakeholders.
54.
Despite years of conflict and the constraints of the operating environment, the media
in Somalia are vibrant, mostly in the hands of private entrepreneurs. According to UNSOM,
there are 41 radio stations operating across the country, 20 newspapers and 12 Somalilanguage television stations, five of which operate from the United Kingdom. The State
owns four radio stations, four television stations and a newspaper. Somali journalists and
media owners across the country are organized in different associations, such as the Media
Association of Puntland and the Somaliland Journalists Association, and other groupings,
such as the Women in Journalism Association and the Somali Independent Media Houses
Association, which advocate for freedom of expression and the free exercise of the
profession. The role played by the media in Somalia is critical and indispensable as Somalia
builds peace and democracy and consolidates the State.
55.
Media stakeholders and journalists have complained about the Somalia Press
Commission, which was established by the media law to promote ethics, apply the media
law, mediate and resolve disputes, discipline journalists and media editors, receive
complaints from journalists and other media personnel, and recommend the granting and
withdrawal of accreditation and licences. The Commission is composed of three members
from State-owned media, three members from the private media, and three members from
civil society representing women’s associations, the legal profession and the national
human rights commission. The Minister for Information proposes names to the Cabinet and
the President appoints them. The mode of appointment has been criticized for the lack of
transparency and its potential to impinge on the independence of the Commission.
56.
Some of the concerns relating to the media law include ambiguous terminology and
concepts defined broadly in the law, therefore exposing journalists to restrictions in the free
exercise of their profession. The media law provides for heavy penalties and fines against
journalists suspected of its infringement. The Independent Expert was informed that the
media in Somalia operate under severe constraints, threats and intimidation, and are banned
from reporting on certain topics, often leading to self-censorship. Journalists risk being
arrested for reporting on the insurgency or Al-Shabaab operations, and are themselves
vulnerable to Al-Shabaab attacks.
57.
The Minister for Information welcomed suggestions for the amendment to the law,
adding that the Government was aware of the above-mentioned concerns. He stated that,
following the adoption of the media law, journalists were free to practice their profession in
Somalia, although some threatened peace and the State-building process. The media law
had been adopted on the basis of a consultative approach, and had an in-built system for
correcting any mistakes or problems relating to freedom of expression.
13
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