Anti-Terrorism Law of Somalia
The Anti-Terrorism Law (Law No. 007) is a Somali national law promulgated in March 2023, establishing a legal framework for defining, with the goal to prevent, investigate, and prosecute terrorist acts and strengthen national security mechanisms. BackgroundThe law defines terrorism expansively to cover acts like violence, hostage-taking, bombings, or other threats aimed at intimidating the public or government decision-making. It also criminalizes terrorist financing in line with Somalia's 2016 Anti-Money Laundering and Countering the Financing of Terrorism Act.[1][2][3] It was gazetted in the Official Bulletin LR.1,[4] and its purpose is to enhance the capacity of Somali government agencies to detect and respond to terrorist acts and safeguard the rights of individuals in accordance with national and international counter-terrorism best standards.[5][6] The House of People of the Somali Parliament approved the law in March 2023 with 133 votes in favor, 3 votes against, and 7 abstentions.[5][7] It was then brought before the Senate[8] and signed by the President of Somalia.[9][10] Puntland later introduced amendments to harmonize its own regional counterterror laws.[11] Al-ShabaabAl-Shabaab is an extremist militant group based in Somalia, designated as a terrorist organization by multiple countries and international bodies.[12] The group emerged in the mid-2000s and has been involved in armed insurgency, attacks on civilian and military targets, and efforts to establish control over territory within Somalia.[13] Al-Shabaab opposes the Somali federal government and regional administrations, frequently carrying out attacks to destabilize the country.[14] The Anti-Terrorism Law (Law No. 007) of Somalia aims,[3] among other objectives, to strengthen the legal framework to combat activities conducted by groups such as Al-Shabaab.[7] Key provisionsThe legislation defines terrorism and related offenses, establishes procedures for investigation and prosecution, and outlines penalties for individuals convicted of terrorism-related crimes.[5] It also includes provisions regarding the freezing and confiscation of assets linked to terrorism financing.[15] The law gives broad powers to the National Intelligence and Security Agency (NISA) and other security forces to detain, investigate, and monitor suspects, raising concerns about civil rights protections.[16][17][18] Humanitarian organizations and civil society groups worry the law could hinder aid delivery and be misused to target journalists or activists.[14] The Somali government has warned agencies[disambiguation needed] and businesses not to collaborate with extremist groups, emphasizing the role of this legislation in protecting national security.[19] However, some observers argue that without robust judicial oversight and independent review, the law's broad powers could undermine due process and human rights.[15] Since its enactment, the Anti-Terrorism Law has been subject to public and international scrutiny.[7] Discussions have focused on balancing national security interests with human rights protections, transparency in enforcement, and the potential impact on freedom of expression and association.[14] References
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