MAPPING ICTS IN SOMALIA: POLICIES, PLAYERS, AND PRACTICES
groups fighting their invasion. One of those groups was alShabaab, which was working to frame the government – the
Transitional Federal Government (TFG) – as an Ethiopian
puppet bent on spreading anti-Islamic principles. The 2007
Somali Media Law thus may have served to counteract
those allegations by emphasizing the legitimacy of the TFG,
in a bid to discredit al-Shabaab. In this regard, some saw the
2007 law as inherently reactive.
The law was passed by the cabinet and forwarded to
parliament with virtually no consultations with the
public. This was at least in part also due to the fact that
the environment in 2007 was not conducive to public
consultations, as much of the country was a battlefield
between Ethiopian forces and groups, such as al-Shabaab,
that were opposed to their intervention.
The 2007 Somali Media Law was never officially passed,
as it was not signed by the president. A second attempt to
institute the National Media Council, through the 2012
National Media Council Act, suffered a similar fate. Under
intense international pressure from NGOs (in particular
ARTICLE 19 and the Center for Law and Democracy) and
other stakeholders, the current Somali Federal Government
agreed to hold public consultations for the law to be
redrafted and reintroduced in the parliament. In March
2013, a conference among key stakeholders was held in
Mogadishu, and in July 2013 the Somali Cabinet approved
the bill. Several other consultative meetings have been held
since then, but as of May 2014 the law has still not been
officially passed by parliament nor signed by the president.
Consequently, no limits on freedom of expression are
currently enforced by the government, but no guarantees of
freedom of expression exist either.
endorsed by the cabinet. The National Media Council will
become an important (fourth) player once, and if, the body
is established.
Procedurally, policy advisors at the MIPT are supposed to
craft policies in accordance with national priorities and
international standards. As the body tasked with redrafting
the 2007 Somali Media Law, with input from the public
and other stakeholders, the MIPT is expected to submit a
new bill to the cabinet, which either reviews and approves
it or returns the legislation to the MIPT for clarification.
Once the cabinet approves the bill, it is forwarded to the
Parliamentary Committee on Media and National Guidance
to review and approve the bill, and then forward it to the
parliamentary chamber for voting. The committee can also
return the bill to the MIPT for amendments.
The major players from the government, as well as their
roles and influences, are summarized below:
Table 3. Government institutions that play a
role in ICT policy formation
Institution
Influence on
ICT policy
Main Role on Policy
Office of the Prime
Minister (OPM)
Responsible
for appointing
cabinet
ministers.
Brings policy proposals
to the cabinet for
discussions and
considerations.
The Cabinet
Discusses,
amends, and
advises the
MIPT on
policy.
Approves or rejects
policy proposals.
Parliament
Reviews,
amends, and
contributes
to policy
proposal.
Endorses or rejects ICT
legislation.
Ministry of Information,
Posts and
Telecommunications
Responsible
for
coordinating,
crafting, and
enhancing
national policy
on ICT.
Coordinates and
implements national
policy.
National Media Council
(proposed)
To be
determined.
To be determined.
Government infrastructure for creating
ICT Policy in Somalia
Institutionally, three government offices in Mogadishu
set the agenda and legal framework for ICT. One is the
Office of the Prime Minister (OPM), who serves as chief
executive officer of the cabinet, the highest decisionmaking body in the country. Second, all ICT issues fall
under the jurisdiction of the Ministry of Information,
Posts, and Telecommunications (MIPT). The third is the
Office of the Speaker of Parliament, who is the gatekeeper
of the legislative branch, which must approve legislation
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