Mogadishu (Caasimada Online) – Human Rights Watch has called on President Hassan Sheikh Mohamud of Somalia to withhold his signature from a recently passed bill that expands the powers of the country’s National Security and Intelligence Agency (NISA), citing concerns about human rights abuses.
The bill, which Somalia’s Senate passed on February 22, 2023, grants NISA sweeping powers of arrest, detention, and surveillance with minimal independent oversight.
If President Mohamud signs the bill into law, it will become effective in 21 days unless he chooses to return it to parliament with recommendations for amendment.
The proposed bill and its concerning provisions
The proposed legislation has broad provisions that could be used to justify the government’s repression of the political opposition and the media.
NISA has a history of arbitrarily detaining perceived opponents and journalists, most recently detaining media rights advocate Abdalle Ahmed Mumin and temporarily closing down media outlets.
Additionally, the agency has operated with a vague legal status for several years, facilitating arbitrary arrests, detention, and other abuses.
The bill passed by Somalia’s lower parliament on February 7 grants the agency broad powers of arrest, detention, search, seizure, and surveillance.
However, its broadly and vaguely defined definitions of offenses over which the agency would have jurisdiction could be used to violate the rights to freedom of expression, association, and peaceful assembly, unduly restricting internationally protected activities by the political opposition, activists, and the media.
Human rights abuses under NISA
Human Rights Watch has stated that the bill only grants detainees access to legal counsel and family visits after 48 hours in custody.
Yet, the risk of torture and other custodial abuse is often greatest during the initial hours of detention. Furthermore, in undefined “emergency situations,” the bill allows NISA officials to arrest people without warrants, which is concerning.
The bill also contains provisions that could be used to violate the rights to freedom of speech and the press.
The language that broadly prohibits “anyone” from disseminating information about intelligence activities and agency members could be used to prosecute journalists, political opposition members, and human rights activists who publish information about government abuses.
The surveillance powers, including the authority to monitor communications, internet, and postal communications, could also be used to violate people’s right to privacy and free expression.
Recommended action
Human Rights Watch has long called for enacting a rights-respecting national security law that defines the specific roles of national security agencies in line with Somalia’s provisional constitution and bars the intelligence agency from carrying out arrests and detentions.
The organization has also recommended that the bill confine NISA’s role to traditional intelligence activities, remove overlaps with police functions and powers, and specify that the agency should not be involved in arresting and detaining suspects.
Moreover, Human Rights Watch advocates for establishing an independent oversight mechanism to report to parliament, such as an inspector general or ombudsman, as stipulated in the country’s provisional constitution.
The call for action
Human Rights Watch’s deputy Africa director, Laetitia Bader, has called on Somalia’s president to send the draft law back to parliament and call for it to be rigorously revised to address human rights concerns.
Bader stated, “Instead of rubber-stamping Somalia’s notorious intelligence agency’s extensive powers, the government should restrict its authority and improve accountability.”
It is essential to take immediate action, given the bill’s provisions pose a significant threat to human rights in Somalia.
The bill only grants detainees access to legal counsel and family visits after 48 hours in custody, yet the risk of torture and other custodial abuse is often greatest during the initial hours of detention.
The surveillance powers, including the authority to monitor communications, internet, and postal communications, could also be used to violate people’s right to privacy and free expression.
Human Rights Watch recommendations
Human Rights Watch has recommended that the bill be rejected and that Somalia’s president send the draft law back to parliament to be rigorously revised to address human rights concerns.
The organization has called for the bill to be amended in the following ways:
The bill should confine NISA’s role to traditional intelligence activities, removing overlaps with police functions and powers, and specify that the agency should not be involved in arresting and detaining suspects.
Establishing an independent oversight mechanism is essential to provide an additional layer of accountability for NISA’s actions.
The oversight mechanism should report to parliament, such as an inspector general or ombudsman, as stipulated in the country’s provisional constitution.
Human Rights Watch also calls for the end of arbitrary detention, including the release of those arbitrarily detained, and for investigating and prosecuting officials responsible for such abuses.
The Somali government should respect human rights and ensure its legislation conforms to international standards.
