Recommendations

To the Government of Somaliland

• Publicly reaffirm that the presidential elections will hold on September 29, 2009, as scheduled, and abide by that commitment. Take all possible measures to ensure that the polls are conducted freely, fairly, and transparently, including by inviting international observers to monitor the polls.
• Immediately end the ability of the Regional and District Security Committees to order arrests and detention and impose prison sentences or other penalties. Release all persons currently imprisoned by the Security Committees or promptly charge and try them for cognizable criminal offenses before regular criminal courts.
• Take all necessary measures, with the assistance of external donors, to ensure that the judiciary is capable of conducting independent, impartial, and competent trials in accordance with international standards.
• Permit peaceful political demonstrations to take place in accordance with Somaliland’s law and constitution; end the overbroad use of electoral laws to ban political assembly and association outside of campaign events.
• Lift the ban on political activity by the former leaders of the Qaran political organization and repeal the sections of the Penal Code that allow for the imposition of such punishments.
• Introduce legislation establishing a framework for the licensing of private radio broadcasters.
• End the practice of transferring persons to the custody of another state without ensuring basic due process rights, including judicial supervision. Ensure that all persons facing deportation have an opportunity to apply for asylum and access to the UN High Commissioner for Refugees. Do not return refugees to a place where their life or liberty are threatened, or anyone to a place where they face torture or other ill-treatment.
• Set up a permanent system for the registration of new and independent political associations that seek the right to compete in local elections, in conformity with Article 9 of Somaliland’s constitution. If necessary, amend Somaliland’s electoral law in order to effect this change and to clarify the consequences should new political associations displace any of Somaliland’s three existing political parties in future local elections.
• Submit as soon as practicable to the House of Representatives a statement of government expenditures for 2008 as required by Article 55 of Somaliland’s constitution, and take measures to ensure that those reports are provided regularly each year.
• Fully respect the right of everyone, individually and in association with others, to form, join, and participate in non-governmental organizations for the purpose of promoting and protecting human rights and fundamental freedoms.

To the Members of the Guurti

• Do not grant any further extension of President Riyale’s mandate; insist that elections be held as scheduled on September 29, 2009.

To the African Union and Somaliland’s International Partners

• Consistently press the Somaliland government to avoid any further delay of the presidential elections, including by dispatching high-level diplomatic delegations to Hargeisa. Furnish needed assistance to contribute to holding free and fair elections on schedule.
• Request permission from the Somaliland government to deploy a sufficient contingent of international election monitors to the presidential elections in September 2009.
• While the issue of Somaliland’s status remains unresolved, develop coherent policy and aid frameworks specifically tailored to Somaliland and largely de-linked from engagement with south/central Somalia. These policies should be focused primarily on improving the Somaliland government’s adherence to the rule of law and providing assistance for developing the judiciary, as well as for strengthening civil society and the media.

To Donor Governments

• Consistently press the Somaliland government to implement the recommendations listed above.
• As a priority, commit to providing sufficient resources to help ensure Somaliland’s judiciary meets international standards of independence, impartiality, and competence.
• Provide assistance and support to build the capacity of civil society, including human rights defenders, in Somaliland.