The provisional federal constitution provides for freedom of speech, including for the press, but neither federal nor regional authorities respected this right. The Somali penal code criminalizes the spreading of “false news,” which it does not define, with penalties including imprisonment of up to six months. The government, government-aligned militias, authorities in Somaliland and Puntland, South West State, Galmudug, Jubaland, ASWJ, al-Shabaab, and unknown assailants killed, abused, and harassed journalists with impunity (see sections 1.a. and 1.g.).

The Somaliland constitution prohibits publication or circulation of exaggerated or tendentious news capable of disturbing public order, and officials used the provision to charge and arrest journalists.

The Puntland constitution limits freedom of opinion and expression through broadly worded limitations–including conformity with moral dignity, national stability, and personal rights of others–and allows for exceptions from the right to freedom of expression in times of war or other public emergency.

Freedom of Expression: Individuals in government-controlled areas risked reprisal for criticizing government officials, particularly for alleged official corruption or suggestions that officials were unable to manage security matters. Such interference remained common outside the capital, particularly in Puntland and Somaliland.

Press and Media Freedom: Independent media were active and expressed a wide variety of views, although self-censorship was common due to a history of arbitrary arrest of journalists and search and closure of media outlets that criticized the government. While there were no reports of such interference in Mogadishu since President Farmaajo’s election, it remained common outside the capital, particularly in Puntland and Somaliland.

Somaliland authorities continued to fine and arbitrarily arrest journalists for defamation and other alleged crimes, including meeting with colleagues. Prison terms ranged from a few days to several months, and fines could be as high as 573,000 shillings ($1,000). Journalists were intimidated and imprisoned for conducting investigations into corruption or topics deemed sensitive, such as investment agreements regarding the Berbera Port or the conflict between Somaliland and Puntland over the disputed Sool and Sanaag regions.

Violence and Harassment: Between January and August, the United Nations documented 20 cases of arbitrary arrests and or prolonged detentions of journalists and other media workers, of which 12 occurred in Somaliland. During that same period, five media outlets were closed. On July 26, a Somali soldier in Mogadishu killed a television cameraman; the death allegedly resulted from a personal property dispute. On September 18, another journalist was stabbed to death in Galkayo. Investigations in neither case found evidence that the killings were carried out because of the journalists’ work.

In January, two journalists were sentenced to two years’ imprisonment in Somaliland on charges that included conducting propaganda against the state.

On January 13, NISA officers reportedly beat and harassed two journalists at an airport in Galkaayo during a visit by President Farmaajo. No investigation was reported despite requests by the Puntland Media Association.

On February 17, Somaliland police arrested the bureau chief of London-based Universal TV in response to a news report broadcast by the station earlier in February.

In April a journalist was arrested in Middle Shabelle after reporting on a clash between security forces. He was later released through negotiations between journalists and authorities.

In July a civil society activist was arrested in Garowe by Puntland police after making a Facebook post critical of the Puntland Government.

According to the Somaliland Journalists Association, local authorities continued to harass and arbitrarily detain journalists systematically.

Journalists based in the Lower Juba region continued to report that local security authorities harassed them.

Censorship or Content Restrictions: Journalists engaged in rigorous self-censorship to avoid reprisals.

In May Somaliland authorities banned two private television stations, accusing them of broadcasting propaganda and false news regarding the dispute between Somaliland and Puntland in Tukaraq, Sool region. Somaliland continued to punish persons who espoused national unification.

On June 13, in the midst of conflict between Somaliland and Puntland, the Puntland Ministry of Information instructed Puntland internet provider DSAT to remove the Somaliland television channel from the list of channels available in Puntland.

On June 19, the Hargeisa Regional Court ordered the suspension of Waaberi, the local newspaper, alleging the paper was not run by its registered owners.

Al-Shabaab banned journalists from reporting news that undermined Islamic law as interpreted by al-Shabaab and forbade persons in areas under its control from listening to international media outlets.

Libel/Slander Laws: Puntland and Somaliland authorities prosecuted journalists for libel.

On April 16, blogger Mohamed Kayse Mohamud was sentenced to 18 months in prison for comments he made in February calling Somaliland President Bihi a local, not national, president. Kayse’s lawyer said that police denied him access to Kayse during pretrial detention, which began February 7, and did not meet him until April 1, the first day of the trial.

National Security: Federal and regional authorities cited national security concerns to suppress criticism and prevent press coverage of opposition political figures.

INTERNET FREEDOM

Authorities restricted access to the internet, but there were no credible reports that the government monitored private online communications without appropriate legal authority.

Al-Shabaab prohibited companies from providing access to the internet and forced telecommunication companies to shut data services in al-Shabaab-controlled areas.

According to the International Telecommunication Union, less than 2 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Academics practiced self-censorship.

Puntland required individuals to obtain government permits to conduct academic research.

Except in al-Shabaab-controlled areas, there were no official restrictions on attending cultural events, playing music, or going to the cinema. The security situation, however, effectively restricted access to and organization of cultural events in the southern and central regions.

FREEDOM OF PEACEFUL ASSEMBLY

The federal provisional constitution provides for freedom of peaceful assembly, but the government limited this right. A general lack of security effectively limited this right as well. The federal Ministry of Internal Security continued to require its approval for all public gatherings, citing security concerns, such as the risk of attack by al-Shabaab suicide bombers.

In May Somaliland authorities in the Sool region arrested 57 demonstrators for staging a protest in support of Somali unity, including some in support of Puntland. All the demonstrators were later released.

Al-Shabaab did not allow any gatherings without its prior consent.

FREEDOM OF ASSOCIATION

The provisional federal constitution provides for freedom of association, but government officials harassed NGO workers. There were also reports that regional authorities restricted freedom of association. Al-Shabaab did not allow most international NGOs to operate.

Persons in the southern and central regions outside of al-Shabaab-controlled areas could freely join civil society organizations focusing on a wide range of problems. Citizens generally respected civil society organizations for their ability to deliver social services in the absence of functioning government ministries.

Regional administrations took steps to control or gain benefit from humanitarian organizations, including by imposing duplicative registration requirements at different levels of government; attempting to control humanitarian organization contracting, procurement, and staffing; and using opaque and vague taxation.

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

The provisional federal constitution states that all persons lawfully residing in the country have the right to freedom of movement, to choose their residence, and to leave the country. Freedom of movement, however, was restricted in some areas.

Abuse of Migrants, Refugees, and Stateless Persons: The country hosts a relatively small number of refugees, primarily from Yemen, Ethiopia, and Eritrea. Economic migrants also use the country as a transit point in route to the Gulf, which exposes them to exploitation and abuse primarily by human traffickers.

The government and Somaliland authorities cooperated with UNHCR and the International Organization for Migration to assist IDPs, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

During the year dialogue continued between humanitarian agencies, the FGS, and regional authorities to remove checkpoints and facilitate movement of humanitarian assistance, food aid, and essential commodities.

In-country Movement: Checkpoints operated by government forces, allied groups, armed militias, clan factions, and al-Shabaab inhibited movement and exposed citizens to looting, extortion, harassment, and violence. Roadblocks manned by armed actors and attacks on humanitarian personnel severely restricted movement and the delivery of aid in southern and central sectors of the country.

Al-Shabaab and other nonstate armed actors continued to hinder commercial activities in the areas they controlled in the Bakool, Bay, Gedo, and Hiraan regions and impeded the delivery of humanitarian assistance.

Attacks against humanitarian workers and assets impeded the delivery of aid to vulnerable populations.

Somaliland prohibited federal officials, including those of Somaliland origin who purported to represent Hargeisa’s interests in Mogadishu, from entering Somaliland. It also prevented its citizens from traveling to Mogadishu to participate in FGS processes or in cultural activities.

Foreign Travel: Few citizens had the means to obtain passports. In view of widespread passport fraud, many foreign governments did not recognize Somali passports as valid travel documents. Beginning August 1, Norway began recognizing Somali passports of all types.

INTERNALLY DISPLACED PERSONS (IDPS)

Continuing conflict during the year led to an increase in internal displacement. The country was home to more than 2.6 million IDPs. The food security situation continued to improve due to a sustained humanitarian response and an above-average rainy season, but needs remained critical. As of August, 4.6 million persons were in need of assistance, more than before the onset of the 2016 drought crisis.

UNHCR advocated for the protection of IDPs and provided some financial assistance given the group is a population of concern, and Somalis who have returned often wind up in IDP camps.

While government and regional authorities were more involved in the recent famine prevention and drought response than in prior years, their capacity to respond remained extremely limited. In addition, forceful evictions of IDPs continued. Since January more than 204,000 individuals have been evicted. Private persons with claims to land and government authorities, for example, regularly pursued the forceful eviction of IDPs in Mogadishu. Increased reports of sexual and gender-based violence accompanied increased displacement, including reports of incidents committed by various armed groups and security personnel.

Women and children living in IDP settlements were particularly vulnerable to rape by armed men, including government soldiers and militia members. Gatekeepers in control of some IDP camps reportedly forced girls and women to provide sex in exchange for food and services within the settlements.

PROTECTION OF REFUGEES

Refoulement: The provisional federal constitution states that every person who seeks refuge in the country has the right not to be returned or taken to any country in which that person has a well-founded fear of persecution. There was no official system for providing such protection to refugees.

Access to Asylum: The provisional constitution recognizes the right to asylum in accordance with international treaties; however, the FGS had yet to implement a legal framework and system to provide protection to refugees on a consistent basis. Authorities, however, granted prima facie status to most refugees, most of whom were Yemeni.

Employment: Employment opportunities were limited for refugees, Somali returnees, and other vulnerable populations. Refugee returnees from Kenya reported limited employment opportunities in the southern and central sections of the country, consistent with high rates of unemployment throughout the country.

Access to Basic Services: The FGS continued to work with the international community to improve access to basic services, employment, and durable solutions for displaced populations, although this remained a challenge primarily due to security, lack of political will, and financial constraints.