We, the undersigned organisations, express profound concern regarding the proposed Official Information Bill (OIB), passed by the Council of Ministers in March 2024 and forwarded to the House of the People of the Federal Parliament of Somalia. This Bill severely curtails the constitutionally protected right to access information, directly contradicting the African Union Model Law on Access to Information and international human rights standards. By undermining transparency, inclusivity and accountability, it threatens democratic governance in Somalia.

The Bill introduces overly broad and vague exemptions on confidentiality that effectively obstruct access to critical information, without clear harm or public interest tests. These exemptions unjustifiably limit the flow of information, violating the public's right to know. The inclusion of national security provisions, which should be governed by separate legislation, further exacerbates the problem. The Bill’s ambiguous definitions allow these provisions to be exploited as a pretext for withholding information, posing a significant threat to transparency and public accountability. This could easily be misused to shield government activities from scrutiny, eroding the fundamental right to information and enabling potential abuses of power.

The process by which this Bill was developed is deeply troubling. Drafted and presented to the Council of Ministers in secrecy, without the essential public consultations or stakeholder engagement, the Bill disregards established best practices for legislative development. This clandestine approach not only undermines the Bill's legitimacy and national support but also risks entrenching a culture of secrecy within Somalia’s public institutions and enabling corruption to flourish if it is adopted.

Given these grave concerns, we urgently call on the Federal Government of Somalia to withdraw the Official Information Bill from the legislative process and subject it to comprehensive consultations with all relevant stakeholders. This is essential to ensure alignment with the African Union Model Law on Access to Information and full respect for the right to access information, as enshrined in Somalia’s Constitution and international human rights law.

This joint statement underscores our unwavering commitment to safeguarding transparency, accountability and human rights in Somalia and across Africa. The adoption of such a flawed and repressive law would significantly regress Somalia’s transition to democracy and good governance, setting a dangerous precedent for the development of progressive legislation. Somalia urgently needs a legal framework that genuinely promotes the free flow of information and empowers citizens through their fundamental right to access information.

Signatories:

1.     International Federation of Journalists (IFJ)
2.     Reporters Without Borders (RSF)
3.     African Freedom of Information Centre (AFIC)
4.     Federation of African Journalists (FAJ)
5.     National Union of Somali Journalists (NUSOJ)