Somali Government’s Proposed Official Information Bill Raises Concerns
A coalition of international organizations has expressed deep concern over 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. The Bill severely curtails the constitutionally protected right to access information, contradicting the African Union Model Law on Access to Information and international human rights standards.
The Bill introduces overly broad and vague exemptions on confidentiality, obstructing access to critical information without clear harm or public interest tests. This limits the flow of information, violating the public’s right to know. The inclusion of national security provisions, which should be governed by separate legislation, 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.
The process by which the Bill was developed is also deeply troubling. Drafted and presented to the Council of Ministers in secrecy, without public consultations or stakeholder engagement, the Bill disregards established best practices for legislative development. This clandestine approach undermines the Bill’s legitimacy and national support, risking the entrenchment of a culture of secrecy within Somalia’s public institutions and enabling corruption to flourish.
The organizations, including the International Federation of Journalists (IFJ), Reporters Without Borders (RSF), African Freedom of Information Centre (AFIC), Federation of African Journalists (FAJ), and National Union of Somali Journalists (NUSOJ), urge the Federal Government of Somalia to withdraw the 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.
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.