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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 Page 6

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