4: THE MEDIA ENVIRONMENT
The evolution of the media in Somaliland since 1991 has been determined not only by the inherent characteristics of the various media actors, but also by a variety of external factors. Popular attachment to fundamental rights and freedoms is not matched by constitutional and legal guarantees,nor
by government practices. Public attitudes towards press freedom are sometimes ambiguous, and even within media establishments there is a degree of confusion about how to exercise newly acquired liberties and responsibilities.
The new Somaliland constitution guarantees freedom of expression, but qualifies that freedom with the application of a press law - a potentially arbitrary instrument of media regulation. The press law itself does not yet exist, but media representatives fear that it will serve to limit press freedoms rather than to protect them. No reference was made in the research process to alternative forms of legislation, such as libel laws, which might offer protection to members of the public from the press, without unnecessarily limiting press freedoms. Alternative forms of regulation are underdeveloped and - to the extent that they exist - ineffective: there is no functioning media association in Somaliland, no common codes of conduct or ethics, and only loosely applied internal rules and regulations within each establishment.
As a result the environment in which the media must operate in Somaliland is difficult and sometimes treacherous. Journalists can be arbitrarily detained under anachronistic detention laws, or by constitutionally questionable security committees who have the power to imprison people without taking them to court. The judicial system functions so poorly and erratically that it protects neither journalists accused by the authorities of alleged transgressions, nor members of the public (or government) from defamatory stories carried by the media.
The media appears to vascillate between excessive exercise of its freedom and self-censorship on certain sensitive issues: two faces of the same dictatorial legacy. At the same time, the media seem preoccupied with the politics of the urban elites, recording the trivia of often petty, personalized feuds in tedious detail, rather than addressing broader issues of national importance. Concerns of the rural majority, or of politically marginal groups rarely figure.
During the course of the research process, the government-owned and private media gradually harmonized their views on a number of issues. They called for the establishment of a common, professional association for journalists, for the development of a standard code of conduct, and for the government media in particular to give more space to economic and social issues. Above all they acknowledged the disturbing polarization of the media establishment between government and independent enterprises, and agreed that the process of political transition and democratisation call for them to construct a less confrontational, more collegial relationship.
The Constitution
Freedom of expression and the independence of the media have been explicit principles of the SNM’s armed struggle and of the subsequent re-establishment of the state of Somaliland. Freedom of expression was enshrined in the General Principles of the SNM’s political program as well as its Constitution. The National Charter established at the 1993 Boorame conference guaranteed the freedom of expression and media independence. This was replaced during the 1997 Hargeysa conference, which produced a provisional national Constitution which made the same guarantees. The Constitution officially came into force through a referendum which took place on 31st May 2001.
Specifically, Article 32 of the Constitution states:
Freedom of Public Demonstration, Expression of Opinion, Press and Other Media:
1. Every citizen shall have the freedom, in accordance with the law, to express his/her opinions orally, visually, artistically or in writing or in any other way.
2. Every citizen shall have the freedom, in accordance with the law, to organize or participate in any peaceful assembly or demonstration.
3. The press and other media are part of the fundamental freedoms of expression and are independent. All acts to subjugate them are prohibited and a law shall determine their regulation.
However, as one member of the House of Representatives, Mr. Cali Sheekhdoon, pointed out during the course of the research process, the incomplete nature of Article 32 (like nearly sixty other constitutional Articles which require that additional by-laws be drafted for further elucidation) is a cause for concern.
Some participants argued that traditional norms and values are far stronger than the laws, rendering constitutional guarantees unncessary: “You can not walk naked in the street. Not only because it is forbidden by the law but because it is something unacceptable to the society,” asserted Rashiid Sheekh Cabdillaahi, a literary critic and one of the workshop participants
But not all participants agreed with the basic principle of press freedom. “If the constitution guarantees us the freedom of thought and expression, some people can abuse such a right,” argued one participant. “We need the free press and yet it violates our norms,” stated another: “The constitution guarantees freedom to all citizens but this should not be interpreted that one is free to abuse others on the pretext that he is free to do whatever he wants.”
Legislation
Despite the coming into force of the new Constitution, existing legislation governing the conduct of the media is confusing and sometimes contradictory. Workshop participants noted that, until they are superseded by new legislation, elements of the Indian Penal Code and other laws prior to the military coup of 1969 remain in force unless they are found to be in contradiction with the present constitution.
In 1997, the enactment of Emergency Laws empowered district and regional Security Committees, nominated by the central government, to hear cases of diverse nature. The consequences for media freedom were potentiallydramatic,
however, after a public outcry the House of Representatives suspended implementation of this legislation. Since then, Security Committees appear to have become less active and are rarely in the public eye,Nevertheless
, the Emergency Laws have yet to be repealed, suggesting that such Committees may not be gone for good.
Legislation governing the press remains incomplete at the time of writing. A representative of the ministry of information acknowledged to workshop participants that by-laws have yet to be drafted. The most controversial issue, however, concerned the proposed introduction of a press law.
The Director of Planning of the Ministry of Information, Maxamed Cali Qodax, provided the official justification for the proposed Press Law.
It is the Constitution that says there should be a law for the organization of the press. Such laws are intended for those who had no academic background for practicing journalism. The press is a double-edged blade. It could be either destructive or constructive.
Support for the government position also came from a member of the House of Representatives, Ali Sheikh-doon, who argued that the Press Law would provide an important legal framework and legal protection for the media:
Is it possible that the press would be better off with having a press law then without having one? If we debate it in the parliament, and then you add your own [journalists] contributions, such a law could be used asa guidance
. If such laws are broken then they could be used as terms of reference by the parliament. If we say that there should not be any laws then there will be excuses for special laws and security committees to be formed.
To emphasize his point, he asserted that drafting of the press law had received considerable input from the media and public at large that led to delays in its completion.
Support for the Press Law also came from a former Minister of Interior, Muuse Biixi Cabdi.
By democracy we mean writing about all types of issues. But why should we be eager to adopt the type of media that advocates homosexuality as it does today in the Western countries? We cannot tell the press they have unlimited freedom and at the same time draft laws to conceal matters of public interest from the public. The press law should strike a balance between the two.
Most participants, however, were either less positive about the proposed law or opposed it directly. One businessman categorically rejected the notion of a press law: “Such a law should not be approved. The deputies should not seek advice or support for it from the community. It has tobe rejected
”.
The Editor-in-Chief of Jamhuuriya argued that the existence of a press law is in itself an affront to press freedom:
Press laws only exist in a few countries around the world. Earlier such laws were enforced in many countries, but nowadays as dictatorial regimes are vanishing one after the other, such laws are also disappearing. It is the civil law and the penal code that are applied to all citizens, irrespective of their vocations and professions.
This view was supported by most of the participants, who agreed that the penal and civil codes were sufficient for all purposes, and that there was therefore no need for a specific press law. Samsam Cabdi Aadan of the Committee for Concerned Somalis argued that the media must be free to comment on the political process during the critical period of nation-building, likening the body politic to a growing child: “A child cannot be left to do whatever comes into his mind. We are obliged to look after him and train him. The nation-building process is the same, and the free press plays the role of the corrective parent. No press laws should be drafted for the media. It is up to them to have their own codes of conduct in order to function and survive.”
Another participant, Sacdiya Muuse Axmed of the Pastoralist Environmental Network for the Horn of Africa (PENHA) cited the example of the United Kingdom as a country without a press law. Instead, she asserted that there are press associations as well as other professional organizations like the National Health Councils, which can withdraw licenses from members who violate their professional codes.
Self-regulation
Workshop participants generally favoured types of self-regulation instead of a Press Law. Discussion covered a variety of relevant concepts, about which there appeared to be some confusion. These included:
• Codes of conduct
• Codes of ethics
• Editorial policy
• Internal regulations
In general, participants subscribed to the view that Codes of Conduct were preferable and more effective regulators of media conduct than press laws, for a variety of reasons. A staff member from Radio Hargeysa argued: “Codes of conduct guarantee the protection of the journalist, as well as the protection of the public and the authorities.” A representative of the police Criminal Investigation Department concurred, advocating internal codes of conduct rather than prosecution under press laws for regulating most forms of media conduct.
But media professionals and observers were divided over the issue of whether or not such codes actually exist. Samsam Cabdi Aadan noted the absence of codes of conduct on the part of the state-owned media enterprises. “It is only Radio Hargeysa and Maandeeq that are run without codes of conduct. I would rather urge the government to mind the codes of ethics of its own media rather than devising press laws that are detrimental to the development of the free press in Somaliland.”
Muuse Faarax Jaambiir of the government-owned Maandeeq affirmed that his newspaper possesses codes of conduct, but that they are unevenly applied. A member of the Maandeeq, staff contradicted this assertion, denying that a clear-cut code is in place: “The state-owned media works on patterns similar to those of the former regime of Siyaad Barre. The problem is not the media staff but the policy makers. There are no written codes of conduct instead we work on the whims of the person in charge.”
Maxamed Cali Qodax, Director of Planning of the Ministry of Information, affirmed that the Ministry applies un-written generalguidelines but
denied the charge that they are restrictive or idiosyncratic: “Within the Ministry of Information no one is told to follow rules that violates his or her freedom of expression. There is no censorship of the works of the reporters”.
Saleebaan Ismaaciil Bullaale a human rights activist accused the independent media of lacking such internal regulations: “With respect to the private media there are no codes of conduct. Things are done impromptu, and there are no guidelines or codes of ethics.”
Yuusuf Cabdi Gaboobe denied the charge on behalf of The Republican: “We have codes of conduct and guidelines, which are consistent with international standards.” Specifically, he listed the following elements of his newspaper’s guidelines for journalists:
• Observance of professional ethics
• Freedom from bribery and corruption
• Objectivity, neutrality and freedom from bias
• Accuracy in reporting
• Apologetic and corrective when a mistake is made
• Concerned parties should be given equal space to address a given issue
Muuse Xaaji Maxamuud, manager of Hargeysa TV, acknowledged that his company did not yet possess a code of conduct in place, but was developing one that included the following elements:
• Programs should not defame any personality, party or institution
• Programs should be objective, truthful and neutral
• Every program should be subject to the control of a qualified producer
In view of the vague and generally unconvincing application of codes of conduct described by media representatives, participants in the research process agreed that more vigorous efforts are needed to be undertaken towards self-regulation. Here again, however, participants were unable to agree on how to approach the problem. While some workshop participants urged the media personnel to draft their own guidelines, some representatives of the private media felt it was for the proprietors to determine codes of conduct within their own establishments. Others advocated the establishment of editorial boards with specific responsibility for giving direction and oversight to media content.
Most of the people seemed to be ignorant of how newspaper’s columns are organized. For example, some participants believe that articles that carry a journalist’s by-line reflect the opinion of the author, while the unsigned articles reflect the views of the paper. “Hence one is the responsibility of the author while the other is the responsibility of the paper,” noted a staff member of Jamhuuriya. While it may be true that a signed article reflects the views of its author, it is also generally accepted practice that the editorial board bears the responsibility for publishing it.
Another issue given considerable attentions was the existence of editorial boards for newspapers. Some participants questioned whether or not Somaliland’s newspapers actually have editorial boards,since they
do not carry the names of the people who compose them. They contended that it is a journalistic norm for publications to carry the names of their editors, managers and - in most cases, but by no means all - their contributors. In Somaliland, however, the editor’s name may usually only be found in the registration documents filed with the Prosecutor General’s office.
Workshop participants generally agreed that effective editorial boards would help strengthen the internal checks and balances essential for quality news reporting: sources have to be verified, facts checked anddouble-checked,
and alternative versions of a story have to be explored. And ultimately, someone would be responsible - and accountable - for what the media is saying.
Press Association
Another item on which participants in the study were in almost unanimous agreement was the role of the Press Association as an indispensable instrument of the journalistic profession. Functions attributed to a Press Association by workshop participants included:
•protection
of media rights and freedoms
•protection
of the public and the authorities from irresponsible reporting
•maintenance
of professional and ethical standards
• ensuring respect for religion, tradition and peace
• mediating in conflicts between the media and the government or public
The movement for establishment of a Somaliland Press Association dates from 16 June 1992, when the editors and staff of Codka Hargeysa, Xorriyo and Jamhuuriya newspapers were arrested and subsequently imprisoned for twenty days. As a result, a convention of journalists from across Somaliland was held in Hargeysa, and the Somaliland Journalists Association (SOLJA) was established. Despite its strong start, the Association soon lapsed into inactivity and is no longer effective. Only the date of its conception, 16 June, was celebrated as Somaliland Journalist’s Day.
There is no question about the legal basis for the establishment of a Press Association: Article 23 of the Constitution guarantees the freedom to form occupational or employees’ associations. However, the practical and political obstacles to revival of a Press Association are considerable. The role, organization, membership and leadership of an association are all sources of division, with the state-owned media typically taking one side and the private media taking the other. One young poet and an environmentalist, Saleebaan Khubaro, observed not only that the media are “divided and opposing one other,” but also that “they are incapacitated by ignorance and financial constraints.”
Divisions within the media over the issue are not without foundation. In government circles the formation of a Press Association may be perceived as a gesture of protest, associated with the political opposition. Representatives of the state-owned media have therefore tended to advocate an Association founded under the auspices of the Ministry of Information or otherwise controlled by the government. This arrangement is anathema to the independent media who see a Press Association as a means of preserving their freedom, rather than surrendering it. Some representatives of the private media would seek to exclude government journalists from membership in an independent Press Association in order to deny the government any influence over the Association’s leadership or policies.
Circumstances would therefore appear to call for two more associations. But workshop participants generally favoured a single, independent Press Association with membership from all sections of the media -private and government-owned. Journalists were urged to focus on their common professional needs and interests, such as the development of a code of conduct and a training facility, rather than their differences. Participants also urged the government to facilitate the establishment of an Association as a critical step in the process in the process of democratisation.
Constraints on media performance
Other factors also affect media performance in the transitional period. Above all, the financial constraints facing the sector appear to be the most acute handicap, pervading all other aspects of media performance. Since a global increase in the availability of funding for the media seems unlikely in the near term, participants in the research process chose to concentrate instead on those aspects in which improvement is not solely contingent on money. Among them:
• Human resources
• Programming
• Equipment and infrastructure
Human resources
Human resource deficiencies are among the most serious problems facing the development of the Somaliland media. There are no training institutions for new personnel or for the upgrading of skills for trained professionals.In a sector so dependent on technological innovation, failure to keep abreast of recent developments is also a serious handicap, making the lack of trained technicians a particularly critical challenge to be overcome.
The lack of trained personnel - particularly technicians - affects all media sectors: radio, television and print.
Most of the media personnel lack professional training and many even lack a basic education. There is little correlation between an employee’s professional qualifications and the post he or she fills. In the words of one participant:
In the old days, candidates for radio Hargeysa were examined and each was sent to the department for which he was suited. There used to be a yearly evaluation done by the listeners and readership. Today things have changed. Any one can do the job he chooses to do and there is no distinction on the basis of profession or talent.
In the government media, this problem derives in part from the immediate aftermath of the civil war, when people occupied posts in vacant public institutions, regardless of merit or competence, in the hopes of winning gainful employment once government was restored. A decade later, it remains difficult to reorganize these institutions on the basis of merit, or to reassign employees to more appropriate posts. The Civil Service Commission has successfully applied qualifying examinations and professional grades to the Ministry of Information.
Although the private media have not inherited such problems and have enjoyed greater flexibility in their engagement of personnel, they have nevertheless failed to apply consistent standards with respect to merit and qualification. Many staff members are undertrained or underqualified and there are few opportunities for professional development. Training opportunities and seminars have occasionally been organized in partnership with external actors (i.e. the BBC) and local actors like the Institute for Practical Research and Training (IPRT) to upgrade media skills, but have tended emphasize producers, editors and broadcasters rather than technicians. The BBC, UNICEF and UNESCO are the main agencies engaged in supporting the media with training programmes.
Programming and content
Poor quality and variety of media content was another issue of concern to participants in the research process. In particular, the various media were accused of failing to verify the accuracy of their stories. While some mistakes cited have been innocent, others have been patently irresponsible and in some cases defamatory.
The overriding consideration in programming is described by media personnel as financial: although newspapers are able to afford reporters and stringers in the different regions of Somaliland, the radio lacks either the resources or the incentive to produce quality programs. Unlike the other media sectors the television, which is in a better financial condition, does not invest much in its program productions. Most of the television programs are of a low quality limited to mere interviews.
The programs of Radio Hargeysa are presently sub-divided as follows:
- Informational: 37%,
- Educational: 40 %,
- Entertainment: 23%
(Source: Ministry of Information, 2002)
Despite the constraints, the radio has managed to maintain an audience. Entertainment programs are arguably of the highest quality because of Radio Hargeysa’s impressive repertoire of songs, poetry and soap opera. The standard of educational programmes is more uneven, but there are some positive examples: Subax wanaagsan (Good Morning) combines educational and informational issues in an interesting and lively way. Nolosha iyo Diinta (Life and Religion) and the various cultural and literary programmes are also well conceived and popular, despite their erratic production quality. Certain health programs are subsidized by CARE International, which has made an appreciable difference to the quality of the programs.
Newspapers are dominated by political content - a choice determined by their readership and the market. For example, Jamhuuriya, the leading daily newspaper, carries political news on both the first and second pages. Page four is sports news, and page seven includes weekly columns and the reader’s corner. Pages three, six and eight contain advertisements. The reader’s opinion is typically the most provocative page, frequently triggering quarrels with the government. Jamhuuriya also covers, to a much lesser degree, entertainment, education and general information (environment, family issues, health, literature, women, youth etc.).
Many participants in the research process denounced this political emphasis and called for newspapers to devote greater coverage to developmental issues and other topics of general interest. However, participants were unable to suggest why the newspapers might absorb the greater costs implied by augmenting the number of reporters and writers required to cover these topics, nor whythe should
take the risk of losing a percentage of their readership who favour political coverage.
Surprisingly, research participants rated the quality and diversity of television coverage lower than either the print media or the radio, despite the television’s comparatively greater income. Though television programming offers quite a wide variety, the production quality remains low and locally-produced programmes are mainly limited to interviews. One of the favourite locally produced television programmes is a nightly religious show presented by the respected Somaliland religious leader Sheekh Dirir. Entertainment and cultural shows are of low quality: mainly old Somali video cassettes and video recordings from the RTD of Djibouti. Despite the fact that there is a good repertoire here in Somaliland the TV management is unwilling to allocate the necessary expenditure for the production of new entertainment programmes.
One of the common inadequacies of the modern media in Somaliland is children’s programming. Children have few alternatives but public video parlours, which often show films with violence and sexual content. Many students skip classes to view such videos and there are repeated appeals from parents for public viewing places to be closed. However, in the absence of alternative sources of children’s entertainment, the video phenomenon is likely to remain pervasive.
Journalists, particularly in the print media, describe the management as another hindrance. Both the private and the government-owned media lack consistently applied codes of conduct. Private papers are run by a sole editor rather than an editorial board, and decision on content are often idiosyncratic; the government-owned paper is often guided by political the administration’s political considerations rather than by more objective considerations, especially on controversial and critical issues.
Resource limitations also undermine the integrity of media content and programming. Journalists are easily swayed by bonuses paid by different ‘clients’ who want to see their views published. In this way, stories can be “purchased” and prepared in line with “customer” wishes. Although some research participants advocated the introduction of codes of conduct to correct such anomalies in publishing and broadcasting, others believed that only better remuneration for media personnel could eliminate the practice completely.
Another handicap to better programming is the absence of audience feedback. The BBC and some other external actors have conducted audience surveys in recent years, but surveys by local media enterprises of their own readership, listenership and viewers are almost non-existent.
Equipment and infra-structure
The state of equipment and infrastructure is a problem in all sectors of the media. Most lack adequate office space to accommodate their personnel and few enterprises possess modern equipment in sufficient quantities, such as computers, printers, scanners and photocopy machines.
Radio Hargeysa’s transmitters are in a very poor state of repair, and the station has use of only one, poorly furnishedstudio (
compared with four, well equipped and soundproof studios before the war). Reporters lack the basic equipment - tape recorders, cassettes and batteries - they need to produce their daily programs and there are no workshops for the repair and maintenance when equipment breaks down.
Somaliland Television also suffers from substandard equipment, despite its being privately owned. The enterprise lacks proper studios: those it uses are neither insulated nor equipped with essential items such as boom microphones or tie-clip microphones (the latter were finally purchased after more than a year of operation). Without such equipment, sound is poor quality and dialogue is often unintelligible. For the first year of operation, the studio lacked an editing suite.
Printing presses are in hardly better shape. Most newspapers employ second-hand offset machines, which function poorly if they function at all. Local technicians competent to maintain the machines are scarce, and some newspapers have therefore been obliged to employ more costly expatriate technicians. Even the government-owned National Printing Press occasionally hires expatriates to run and maintain their printing facilities.
Participants in the research process suggested that efforts be made to procure for the media quality equipment of international standard and the establishment of proper maintenance workshops with the adequate facilities. They did not indicate, however, where the resources for this effort should come from. Since it seems unlikely that some external source of financing will appear, it might be appropriate for more the respective media enterprises to place greater emphasis on their own business plans, earning potential and institutional development.
0%
Author: Hargeysa, Somaliland
