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2008 Assessment

Somalia: Integrity Indicators Scorecard

Somalia : Integrity Scorecard Report > Sub-Category: Media
Indicators   Score
5 Are media and free speech protected? 100
6 Are citizens able to form print media entities? 56
7 Are citizens able to form broadcast (radio and TV) media entities? 69
8 Can citizens freely use the Internet? 50
9 Are the media able to report on corruption? 25
10 Are the media credible sources of information? 75
11 Are journalists safe when investigating corruption? 100

Indicator and sub-Indicator Details

5 Are media and free speech protected?
 
  5a: In law, freedom of the media is guaranteed.
 
Score: YES  NO score
  Comments: Charter guarantees freedom of expression and ideas, as do international treaties and global conventions in which Somalia is a member.

References: Transitional Federal Charter of the Somali Government, Article 20 section 1 and 2.

Universal Declaration of Human Rights (UDHR).

  5b: In law, freedom of speech is guaranteed.
 
Score: YES  NO score
  Comments: Charter guarantees freedom of expression and ideas, as do international treaties and global conventions in which Somalia is a member.

References: Transitional Federal Charter of the Somali Government, Article 20 section 1 and 2.

Universal Declaration of Human Rights (UDHR).

6 Are citizens able to form print media entities?
 
  6a: In practice, the government does not create barriers to form a print media entity.
 
Score: 100  75  50  25  0  score
  Comments: There are no restrictions on print media in in many places in Somalia. The government only rules in specific places such as Mogadishu, Baidabo and others.

Somalia has been without a government since Siad Barre was ousted in1991.

Article states: "1. Any person establishing an unauthorized and unregistered media agency or disseminates information would be brought to justice and the media agency would be immediately closed.

"2. A company or a person demonstrating an unlawful publication would be fined an amount of money between US$50 to US$150 if his actions do not constitute a more serious offense."

References: A/rashiid A/dulle Abiikar, Training Secretary of National Union of Somali Journalists (NUSOJ), (NUSOJ headquarters, July 20, 2008).

Art. 13, Unlawful Media

  6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.
 
Score: YES  NO score
  Comments: Appeals can be sent to those offices. However, they are not able to work in an effective and efficient manner because Somalia has been without a government since the ouster of Said Barre.

References: Ministry of Information.

National Media council.

Regional office.

  6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: A license can be obtained within 30 days.

References: Abdirisaq Mahamuud Yusuf, General Director of Ministry of Information (Nasa Hablood Hotel, July 25, 2008).

Peer Review Comments: As with all comments and assessments on the Somali situation, it is to be noted that all this holds only in Transitional Federal Government (TFG)-controlled areas (which are shrinking) and not at all in the rebel-controlled areas under the control of Islamist movements, which totally clamp down on press freedom and press protection.

  6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: Government officials cannot work in their offices. They all live in the Hotels around one district in the city. The print media can work freely without a license, but they can buy one for $200.

Somalia has been without effective regulation for the last two decades The government offers licenses but the people do not want to take anything from the government. That is why everyone can open any business entity without being regulated.

References: Abdirisaq Mahamuud Yusuf, General Director of Ministry of Information (Nasa Hablood Hotel, July 25, 2008).

7 Are citizens able to form broadcast (radio and TV) media entities?
 
  7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.
 
Score: 100  75  50  25  0  score
  Comments: There are no restrictions on print media in in many places in Somalia. The government only rules in specific places such as Mogadishu, Baidabo and others.

Somalia has been without a government since Siad Barre was ousted in1991.

Article states: "1. Any person establishing an unauthorized and unregistered media agency or disseminates information would be brought to justice and the media agency would be immediately closed.

"2. A company or a person demonstrating an unlawful publication would be fined an amount of money between US$50 to US$150 if his actions do not constitute a more serious offense."

References: A/rashiid A/dulle Abiikar), Training Secretary of National Union of Somali Journalists (NUSOJ), (NUSOJ headquarters, July 20, 2008).

Article 13.

  7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.
 
Score: YES  NO score
  Comments:

References: Ministry of Media and Information.

National Union of Somalia Journalists.

Regional office.

  7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: Licenses are received within 30 days.

References: Abdirisaq Mahamuud Yusuf, General Director of Ministry of Information (Nasa Hablood Hotel, July 25, 2008).

  7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: Licenses cost 275,400 SOS (US$200).

References: Abdirisaq Mahamuud Yusuf, General Director of Ministry of Information (Nasa Hablood Hotel, July 25, 2008).

8 Can citizens freely use the Internet?
 
  8a: In practice, the government does not prevent citizens from accessing content published on-line.
 
Score: 100  75  50  25  0  score
  Comments: The government does not control any online publishing. It is free to everyone.

References: Maxamed Colaad Xasan, Writer, Associated Press (Wax-weyn Hotel, July 23, 2008).

Peer Review Comments: The government has no practical control over the Internet sources and access, so the score is not 50 but at least 75.

  8b: In practice, the government does not censor citizens creating content on-line.
 
Score: 100  75  50  25  0  score
  Comments: The government does not censor, but the private Internet companies try to censor specific pages on the Internet

References: Maxamed Colaad Xasan, Writer, Associated Press (Wax-weyn Hotel, July 23, 2008).

9 Are the media able to report on corruption?
 
  9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.
 
Score: YES  NO score
  Comments: "Limitations thereon may be imposed only in the cases and under the provisions laid down in paragraphs 3, 4 and 5 of Article 17 and in other cases as prescribed by law for judicial purposes, and in the manner prescribed therefor."

References: Article 17, para 3, 4 and 5.

  9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.
 
Score: 100  75  50  25  0  score
  Comments: The government in Somali cannot afford to practice any censorship. But media owners do practice some censorship about corruption-related issues to maintain their position.

References: A/rashiid A/dulle Abiikar, Training Secretary of National Union of Somali Journalists (NUSOJ), (NUSOJ headquarters, July 20, 2008).

  9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.
 
Score: 100  75  50  25  0  score
  Comments: The government does not inspect any media entity because it may not have the power over the media.

References: A/rashiid A/dulle Abiikar, Training Secretary of National Union of Somali Journalists (NUSOJ), (NUSOJ headquarters, July 20, 2008).

10 Are the media credible sources of information?
 
  10a: In law, print media companies are required to publicly disclose their ownership.
 
Score: YES  NO score
  Comments: "1.) Registration: Every media such as Radios, TVs, newspapers, printing agencies, media training institutes, advertising companies, internet companies, cinemas, telecommunications, media organizations whether the existing bodies or the newly establishing ones has to register with the ministry of information. "2) Services: Privately owned local and foreign media agencies will pay registration services on yearly basis and the foreign journalists operating in the country will serve under a regulating media law issued by the ministry of information in consultation with the revenue authority.

"3) Ownership, Administration and Responsibility: Every media owned privately should have an owner to be contacted and an executor accountable for the operations. The ownership certificate, the name of the owned his address/residence, his personal address, the type of the media should be attached to the application for registration. Likewise, the application should reveal the name, knowledge and experience of the executor. b) The two positions i.e. owner and executor could be assumed by one person if required.

"4) The Title of the Media: Every media agency should posses a title and an office like a P.O. Box, e-mail, Fax and telephone. In case any of these titles are not available the others should be used.

a) No media agency can be established until the afore-mentioned requirements are fully completed.

"5- Timeframe: The authorization for the establishment of the media agency will be given within (30) days when the conditions and requirement prescribed in the presented law are fully and accordingly met. If there are no tangible reasons the media cannot undertake any activity during the waiting period for the authorization."

a) Authorization would be issued to the operating media at present within 30 days starting from the date of the presentation of the request. The said media agencies can continue their operations until the reception or denial of the authorization of the Ministry of Information. .

6- Complaint.  The applicant forwarding the request for the establishment of a private media agency or a previously operating media agency and not satisfied with the National Media Councils decision have the right to present a complaint to the Ministry of information. If not satisfied with the decision of the Ministry of information, the applicant has the right to forward the complaint to the regional court within10 days starting from the date the decision were taken by the Ministry of information.

References: Article 7, Registration, Services, Ownership, Administration and Responsibility.

Peer Review Comments: In theory this may be true, but it can hardly be checked effectively.

  10b: In law, broadcast (radio and TV) media companies are required to publicly disclose their ownership.
 
Score: YES  NO score
  Comments: The Transitional Federal Government shall guarantee the freedom of press and independent media in accordance with Law.

References: Article 20.

  10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.
 
Score: 100  75  50  25  0  score
  Comments: Somali journalists are always professional in their reporting.

References: A/rashiid A/dulle Abiikar, Training Secretary of National Union of Somali Journalists (NUSOJ), (NUSOJ headquarters, July 20, 2008).

Peer Review Comments: I think, in general, that the Somali journalists in Somalia do a very commendable job with courage and persistence, but I think we do not have enough information to say categorically that they adhere to "strict, professional practices in their reporting."

  10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.
 
Score: 100  75  50  25  0  score
  Comments: There are many privately owned media in Somalia. During the last election, which was held outside the country, every candidate received fair media coverage inside the country.

References: C/rashiid C/dulle Abiikar (or A/rashiid A/dulle Abiikar), Training Secretary of National Union of Somali Journalists (NUSOJ), (NUSOJ headquarters, July 20, 2008).

Peer Review Comments: The question is not applicable. There are no real independently operating parties in Southern Somalia, and fair media coverage cannot be ascertained. It may, however, apply to Somaliland, the one exception to the chaos in Somali.

  10e: In practice, political parties and candidates have equitable access to state-owned media outlets.
 
Score: 100  75  50  25  0  score
  Comments: During last election, there was no state-owned media in Somalia. Somali has been without a government since 1991after Siad Barre was ousted.

References: Abdurisaq Mahamud Yusuf, General Director of Somali Ministry of Information (Nasa hablool Hotel, July 25, 2008).

11 Are journalists safe when investigating corruption?
 
  11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.
 
Score: YES  NO score
  Comments: No journalists have been imprisoned in the past year.

References: A/rashiid A/dulle Abiikar, Training Secretary of National Union of Somali Journalists (NUSOJ), (NUSOJ headquarters, July 20, 2008).

Mohamed Olaad Hassan, Writer, Associated Press, (Wax-Weyn Hotel, July 2008).

Peer Review Comments: Not in Transitional Federal Government (TFG) government territories, but outside of them, yes.

  11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.
 
Score: YES  NO score
  Comments: No journalists have been harmed in the past year. Somali journalists do not always make any investigation about corruption and related issues

References: A/rashiid A/dulle Abiikar), Training Secretary of National Union of Somali Journalists (NUSOJ), (NUSOJ headquarters, July 20, 2008).

Mohamed Olaad Hassan, Writer, Associated Press, (Wax-Weyn Hotel, July 2008).

Peer Review Comments: Not by the government, but certainly by the Islamist opposition groups.

  11c: In practice, in the past year, no journalists investigating corruption have been killed.
 
Score: YES  NO score
  Comments: No journalists have been killed in the past year.

References: A/rashiid A/dulle Abiikar, Training Secretary of National Union of Somali Journalists (NUSOJ), (NUSOJ headquarters, July 20, 2008).

Mohamed Olaad Hassan, Writer, Associated Press, (Wax-Weyn Hotel, July 2008).

Peer Review Comments: No journalists specifically working on corruption were killed. But some have been killed in various parts of the three Somalias (Puntland, Somaliland and Southern Somalia). Foer example, Somali journalist and union leader Nasteh Dahir Farah was killed on June 7, 2008, in Kismayo. Source: [ LINK ].

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