19 July 2024: The National Union of Somali Journalists (NUSOJ) firmly opposes the Federal Government of Somalia's approach to the Official Information Bill (OIB), as it is clearly detrimental to the fundamental principles of democracy, accountability and human rights. While the initiative to legislate for enhanced transparency and access to information is commendable, the current text of the Bill is deeply flawed.
The right to access information is a cornerstone of democratic governance, enshrined in international treaties and the Provisional Constitution of Somalia. This right is vital for promoting transparency, reducing corruption and fostering trust between the government and its citizens. However, the Federal Government's introduction of the OIB starkly contrasts these principles.
The absence of public consultation in the development of this Bill is deeply troubling. Best regulatory practices dictate that significant legislation should undergo comprehensive public scrutiny. This process allows citizens, media professionals, civil society representatives and other stakeholders to provide input, raise concerns and suggest improvements. 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.
Furthermore, the OIB contains numerous unclear and undefined provisions that undermine its effectiveness and fall short of international standards. The Bill grants excessive authority to national security institutions, promoting a culture of secrecy contrary to the goals of transparency and accountability. Overbroad exemptions and provisions unrelated to the primary purpose of access to information, such as those dealing with espionage, threaten free expression and should be removed.
The provisions related to national security within the OIB are particularly concerning. The Bill's broad and ambiguous definitions of national security information grant extensive powers to national security institutions. This not only threatens the right to access information but also poses significant risks to human rights and democratic governance. The overemphasis on national security without clear guidelines or oversight mechanisms can lead to abuses of power and a lack of accountability.
Additionally, the process by which the OIB was developed and presented is shrouded in secrecy. The Ministry of Information, Culture and Tourism presented the Bill to the Office of the Prime Minister on 28 February 2024. The Council of Ministers swiftly passed the Bill on 14 March 2024 and it was submitted to the Federal Parliament on 16 March 2024. This rapid progression is deeply concerning and undermines the principles of transparency and inclusivity that the Bill is supposed to promote.
NUSOJ Secretary General Omar Faruk Osman said:
"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."
"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."
"The Federal Government's approach to the OIB demonstrates a troubling disregard for democratic principles. It is imperative that any legislation promoting transparency must itself be developed transparently and inclusively."
"The excessive authority granted to national security institutions within this Bill promotes a culture of secrecy, counteracting the goals of openness and public trust. We urge the government to withdraw the current draft and undertake meaningful revisions."
In light of these serious issues, NUSOJ calls on the Federal Government of Somalia to immediately withdraw the OIB from the Federal Parliament and undertake a comprehensive review to ensure its alignment with Good Regulatory Practices (GRPs). This review should include:
1. Engage in a thorough public consultation process, allowing for substantive input from citizens and civil society organisations.
2. Actively involve a diverse range of stakeholders to collect varied perspectives and build consensus regarding the Bill.
3. Revise the objectives of the OIB to reflect the spirit of the right to information, emphasising transparency, accountability and the empowerment of citizens.
4. Ensure the right to access information for every person, irrespective of nationality, gender, age, or status, as stipulated by international standards.
5. Mandate proactive disclosure of information by designated officers, ensuring regular updates accessible to the public.
6. Establish a robust appeals system, including an independent Information Commission, to handle disputes impartially.
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7. Introduce financial penalties for non-compliance or obstruction in providing requested information.
8. Mandate the disclosure of information in cases of corruption or misuse of public resources.
9. Provide training on balancing national security with the right to access information, guided by the Tshwane Principles.
10. Ensure consistent grounds for denial of access to information in line with international human rights standards.
11. Amend the provisions related to national security to ensure they are narrowly defined and do not undermine transparency or human rights. Introduce clear guidelines and oversight mechanisms to prevent abuses of power and ensure accountability.
12. Ensure that significant legislation undergoes a transparent and inclusive development process, with ample opportunities for public input and consultation.
NUSOJ stands firm in its commitment to promoting the right to information, transparency and accountability in Somalia. The union urges the Federal Government to heed these recommendations and take the necessary steps to revise the Official Information Bill in a manner that truly serves the interests of the Somali people.
