Monday July 22, 2024
NUSOJ Secretary General Omar Faruk Osman addresses the media on the flaws of Somalia’s Official Information Bill. CREDIT: NUSOJ
Mogadishu (HOL) — The National Union of Somali Journalists (NUSOJ) has criticized the Federal Government of Somalia's Official Information Bill (OIB), highlighting significant flaws that they argue threaten democratic principles, accountability, and human rights. NUSOJ asserts that, despite its intent to enhance transparency and access to information, the Bill's current text is fundamentally flawed.
The Bill's lack of public consultation has drawn particular ire. NUSOJ notes that excluding the public from the development process undermines democratic practices. Comprehensive public scrutiny of significant legislation is essential for allowing citizens, media professionals, and civil society representatives to provide input and raise concerns.
The OIB's vague provisions and excessive authority granted to national security institutions are also major points of contention. NUSOJ argues that these aspects promote a culture of secrecy, contrary to the goals of transparency and accountability. Provisions unrelated to the primary purpose of access to information, such as those dealing with espionage, are seen as threats to free expression and should be removed.
The Bill's broad and ambiguous definitions of national security information grant extensive powers to national security institutions, posing risks to human rights and democratic governance. NUSOJ warns that without clear guidelines or oversight mechanisms, there is potential for abuses of power and a lack of accountability.
NUSOJ Secretary General Omar Faruk Osman stated, "This Bill, in its current form, undermines the very principles it purports to enhance. The lack of public consultation and the overreach of national security provisions pose significant threats to democratic governance and transparency in Somalia."
The process by which the OIB was developed and presented has been shrouded in secrecy. The Ministry of Information, Culture and Tourism presented the Bill to the Office of the Prime Minister on February 28, 2024. The Council of Ministers swiftly passed the Bill on March 14, 2024, and it was submitted to the Federal Parliament on March 16, 2024. This rapid progression has raised concerns about the transparency and inclusivity of the Bill's development.
NUSOJ is calling for the Federal Government to immediately withdraw the OIB from the Federal Parliament and undertake a comprehensive review to align it with Good Regulatory Practices (GRPs). Their recommendations include engaging in thorough public consultation, involving a diverse range of stakeholders, and revising the Bill's objectives to reflect transparency, accountability, and the empowerment of citizens.
Additional recommendations from NUSOJ include:
- Ensuring the right to access information for all individuals.
- Mandating proactive disclosure of information.
- Establishing a robust appeals system.
- Introducing penalties for non-compliance.
- Providing training on balancing national security with the right to access information.