Somalia journalists sound alarm over new Bill amid human rights queries

The National Union of Somali Journalists (NUSOJ) has opposed a proposed government Bill, which they argue will, if enacted, undermine citizens’ rights to information and accountability.

NUSOJ in a statement warned that the Official Information Bill (OIB) is detrimental to the fundamental principles of democracy in the country.

“While the initiative to legislate for enhanced transparency and access to information is commendable, the current text of the Bill is deeply flawed,” the union said.

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

They said that the exclusion of public consultation undermines the democratic process and risks the implementation of a law that fails to address the needs and concerns of the public.

“Best regulatory practices dictate that significant legislation should undergo comprehensive public scrutiny," NUSOJ Secretary General Omar Faruk Osman said.

“This process allows citizens, media professionals, civil society representatives and other stakeholders to provide input, raise concerns and suggest improvements.”

The journalists noted that the right to access information is a cornerstone of democratic governance.

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 February 28, 2024.

It was then passed by the Council of Ministers in a record two weeks, according to the journalists and submitted to Parliament on March 16 2024.

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

He also called for a review of the Bill, alongside public engagement.

Osman said the Federal Government’s approach to the Bill demonstrates a troubling disregard for democratic principles.

“It is imperative that any legislation promoting transparency must itself be developed transparently and inclusively," Osman added.

"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."

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

The journalists’ body wants a robust appeals system included in the Bill, featuring an independent information commission to impartially handle disputes.

They also want the introduction of financial penalties for obstruction in providing requested information.

The journalists also want amendments to the provisions related to national security to ensure they are narrowly defined and do not undermine transparency or human rights.