JUNE 2014 Key challenges for the implementation of media legislation in Somalia As noted above, the Somali Federal Government faces severe hurdles to constructing a media policy law, which can be reduced to four key challenges: 1) A weak central government; 2) A geographically and politically fragmented media environment; 3) A strong private telecommunications sector that benefits from a lack of regulation; 4) A preference by many actors for the traditional xeer and sharia law systems, rather than a formalized ICT regulatory environment. 1) Weak central government The Somali Federal Government (SFG) is based in the capital, Mogadishu, but its authority barely extends beyond a few urban centers. Much of the rural and semi-rural areas in South-Central Somalia remain under the control of the militant group al-Shabaab. The SFG lacks the institutional capacity to formulate or regulate ICT policies. It also views the issue as a low priority as it tries to shore up security and extend its writ beyond Mogadishu and South-Central Somalia. According to a senior policy advisor at the MIPT “many policymakers are resigned to the idea that the government is permanently incapable of crafting 21st century policies that can give the government its rights and assign its responsibilities” (personal communication, March 2013).2 However, the SFG nevertheless continues to foster ICT legislation, in at least a limited capacity. It is increasingly involved in the ICT policy debate and is beginning to formulate a legal framework to oversee ICT activity in the country. The government’s efforts to reintroduce a media law and to create institutional oversight are signs of its effort to enhance its role in the ICT market, despite inordinate challenges. 2 Name of interviewee withheld upon request. 2) Fragmented political environment In theory, the SFG is in charge of formulating national policies, procedures, and regulations, but other regions routinely challenge the SFG’s oversight role. Regional states, namely Puntland and Somaliland, which are far more stable than South-Central, run their affairs in isolation of the SFG, and therefore do not consider the SFG as the legal authority for their ICT and media sectors. Consequently, Somali ICT and media policy is fragmented across the three main regions of Somalia: Puntland, Somaliland, and SouthCentral (much of central and southern regions, including Mogadishu). Puntland Puntland is a semi-autonomous region in Somalia. Puntland’s ICT sector is booming, as it is in the rest of Somalia. But its media sector faces enormous challenges. Private radio stations are, in theory, allowed, but authorities constantly harass these outlets for reporting on issues deemed critical of local government policies. As a result, journalists face harassment, censorship, and even jail time (SomaliaReport, 2012). In theory, Puntland is obliged to abide by federal laws, but those laws are frequently ignored due to the chronic weakness of federal institutions and mistrust among various clans in the different regions of Somalia. In June 2010, Puntland’s Ministry of Information directed all local media to refrain from broadcasting or publishing religious lessons from scholars not native to Puntland. The directive also banned commercials not in line with Puntland culture. As such, the law entrenched sectarian views within the Somali context by excluding clerics from other regions and by claiming that there was a distinct culture that is exclusive to the Puntland region. The Center for Law and Democracy concluded that “the legislative environment and manner of enforcement makes it difficult for journalists to work effectively in Puntland” (African Union, p. 6). In May 2013, Puntland authorities organized a two-day consultative conference on a new media reform law. Progovernment websites reported that members of the media supported the law for its attempt to clarify “confusion” between the government and journalists (Manta, 2013, para. 4). The authorities held consultations in Garowe, but Page 7