(Mogadishu, 18th May 2012) The conference on the Fundamental Rights, Media Law and Transitional Justice was held in Mogadishu, Somalia on May 16-17, 2012. It was organized by the Ministry of Constitutional Affairs and Reconciliations; Ministry of Information, Posts and Telecommunications and facilitated jointly by UNDP, NDI and IDLO.
The conference featured government officials, international delegates, media and representatives of regional administrations. The conference was opened by cabinet ministers, including Abdiwahab Hussein Khalif deputy Prime Minister and Minister of Commerce & Industries; Abdurahman Hosh Jibril, Minister of Constitutional Affairs and Reconciliations; and Abdulkadir Hussein Mohamed, Minister of Information, Posts and Telecommunications.
The conference was closed by His Excellence, Prime Minister Abdiweli Mohamed Ali who addressed the conference and provided updates on government’s efforts to finalize the process of selecting the constituent assembly through the traditional elders. Prime Minister Ali also praised journalists who work under difficult circumstances and assured the government’s commitment on ending the cycle of impunity against journalists.
The Mayor of Mogadishu, Mohamud Nur Tarzan, expressed an uncompromising support on press freedom. Individual liberty and right to free speech are fundamental principles that he considers to be the bases of new Somalia.
On the constitution, the Minister of Constitution, His Excellence Abdurahman Hosh Jibril, expressed satisfaction on the works that his ministry is implementing, as envisaged in the road map agreement, to finalize the draft constitution before the constituent assembly adopts it.
The Minister of Information, His Excellence Abdulkadir Hussein Mohamed, praised the media for their heroic contributions to society and advised to maintain good ethics and professional journalism standards. The Minister reminded the media their social responsibility to prevent the airwaves issues that could incite violence or jeopardize the peace that the country is experiencing.
Media and civil society groups:
The conference attracted directors from independent media outlets across the country and civil society representatives who contributed to the discussions and provided valuable perspectives on media law and reconciliation process during the plenary sessions for both days.
A diverse group from civil society organizations was present in the conference, sharing their experiences and expressing willingness to support the peace process. Representatives from the media introduced an initiative to revisit the media law to ensure the rights of journalists. The Chairman of National Union of Somali Journalists, Burhan Ahmed Dahir, indicated the importance of reviewing the media law that was adopted in 2007 by the Transitional Federal Parliament.
Dr. Omar Alasow, a human rights practitioner based in Mogadishu, provided a perspective on the guidelines of freedom of expression and human rights. Mr. Alasow pointed out the challenges faced by civil society leaders and journalists which must be addressed by enhancing the judicial system and bringing perpetrators before a court of law. Individual rights were another theme that was highlighted in the discussions by civil society and media practitioners who suggested recommendations to be considered for the draft constitution.
The conference received presentations from UNDP experts on transitional justice, discussing the experiences of other societies mired by civil strife and how Somalia could improve its justice system. By applying principles of transitional justice, traditional elders could address outstanding clan issues with support from the political leaders.
With intensive two-day addresses, discussions and presentations, the conference:
On the constitution:
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Takes note of the progress made on the reconciliation front and the efforts of the government to implement the remaining tasks of the roadmap agreement;
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Clarifies for the public the constitutional rights and clauses in the draft constitution that inspired the media law and reaffirms the fundamental rights of the citizens to freedom of expression and individual liberty;
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Calls for increased participation from the public to provide input in the constitution-making process;
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Commends the Somali experts who are tirelessly working on the draft constitution and assure transparency in the process before its adoption.
On the media law:
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Recognizes the importance of reviewing the media law to strengthen freedom of expression and adopt contributions from media interest groups;
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Recommends the appointment of a body on a later date that spearheads the review process of the media law;
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Acknowledges the heroic efforts of journalists for covering the truth and paying tribute to fallen journalists who died in the line of duty.
On the fundamental rights:
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Emphasizes cultural values of Somali society that inherently support freedom of expression;
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Encourages right to assembly, liberty and justice for all;
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Reaffirms government’s commitment to protect rights of citizens specially women and minority groups and harness freedom of expression principles to promote democracy and the rule of law.
On transitional justice:
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Underscores the progress made on the reconciliation process and the role of traditional elders to collaborate on peace-building;
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Encourages civil society members and regional administrations to play a vital role in the reconciliation process and to strengthen grassroots initiatives of integration and peace-building;
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Commits long term peace-building activities, by addressing sources of conflicts, including resource and related pastoral clan grievances.