Somalia Country Report on Human Rights Practices for 1997
Released by the Bureau of Democracy, Human
Rights, and Labor, January 30, 1998.
SOMALIA
Somalia has been without a central government since its last president,
dictator Mohamed Siad Barre, fled the country in 1991. Subsequent
fighting among rival faction leaders resulted in the killing, dislocation,
and starvation of thousands of Somalis and led the United Nations to intervene
militarily in 1992.
Serious fighting among rival clans continued in Mogadishu, in the region
outside of Baidoa, and in the area around Kismayo. The violence had
a minimal effect on the balance of power between the various factions.
Mogadishu faction leaders Ali Mahei, Hussein Aideed, and Osman Atto
signed peace accords to prevent combat between the rival factions, but
disagreements remained about how to govern the capital area. Leading
Somalis launched several serious efforts to advance the reconciliation
process. The leaders of over two dozen groups formed the National
Salvation Council (NSC) in January in an attempt to establish a national
government. This group did not include Hussein Aideed. Until
December, the group had failed to agree on the future governance of the
country. In a conference in Cairo, Egypt in December, all parties
except two signed the so-called "Cairo Declaration." The Declaration
provides for a 13-person Council of Presidents, a prime minister, and a
national assembly. A National Reconciliation Conference in early
1998 in Baidoa is scheduled to negotiate further details, including appointments.
The NSC's executive committee, a five-member body that included the major
faction leaders, organized a national reconciliation conference in Bosasso
in November; however, it did not lead to concrete results. Various
intermediaries, including the Arab League, the Organization of the Islamic
conference, the United Nations, the Organization of African Unity, and
the Intergovernmental Authority on Development (IGAD) sought to promote
reconciliation, with little success.
In the northwest, the separatist "Republic of Somaliland" (Somaliland)
established a Constitution and a Parliament and conducted democratic elections.
The Somaliland authorities refused to participate in the national
reconciliation conference. It continued to proclaim its independence
but did not receive international recognition. The absence of a central
government prompted the continued establishment of rudimentary local administrations,
most of which are based on the authority of the predominant clan and faction
in the area. Local authority remained contested, however, in the
Kismayo area, parts of the northwest, and in Mogadishu. Judicial
structures are dependent on the predominant local clans and factions for
their authority.
Clan and factional militias, in some cases supplemented by local police
forces established with U.N. help in the early 1990's, continued
to function with varying degrees of effectiveness. Police and militias
committed numerous human rights abuses.
While the country is desperately poor, the economy continued to improve
in 1997. Relative peace in much of the country, leading to the rising
level of commercial activity, contributed to this recovery. Livestock
and fruit exports continued to revive, although exports remained disrupted
by the closure of Mogadishu seaport throughout the year. Somalia
remains a chronic food deficit country, however, and some of the most fertile
agricultural regions suffered from drought, serious flooding, or both.
In November floods caused by torrential rains left as many as 250,000
homeless in the south. Weather-related problems and the lack of employment
opportunities led to some malnutrition in Mogadishu and other communities.
International relief efforts were hampered by political insecurity.
Human rights abuses continued. Many civilian citizens were killed
in factional fighting, especially among the Hussein Aideed, Osman Atto,
Ali Madhi, and Musa Sude factions in the Mogadishu, Baidoa, and Kismayo
areas. Numerous persons were killed in interclan fighting in the
Baidoa and Kismayo areas. Key human rights problems remained the
lack of political rights in the absence of a central authority, the reliance
of some communities on harsh Shari'a punishments, including amputations
and stoning, harsh prison conditions, societal discrimination against women,
and the mistreatment of women and children, including the nearly universal
practice of female genital mutilation (FGM). There is no effective
system for the protection of worker rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
Political violence and banditry have been endemic since the 1991 revolt
against Siad Barre, who fled the country. Since the revolt, tens
of thousands of citizens, mostly noncombatants, have been killed in interfactional
and interclan fighting (see Section 1.g.).
Politically motivated extrajudicial killings continued, although there
were fewer killings than in 1996. For example, in March the Aideed
faction abducted and killed a prisoner held for a criminal offense in a
South Mogadishu prison under the faction's control; the killing was reportedly
in revenge. On June 20 of a Portuguese doctor working in Baidoa with
a French nongovernmental organization (NGO) was killed. The chief
suspect reportedly was seeking revenge for the death of his brother, who
had been in the doctor's care. The lack of an effective response
to this killing by local officials prompted relief organizations to leave
Baidoa.
b. Disappearance
There were no known reports of unresolved politically motivated disappearances,
although cases might easily have been concealed among the thousands of
returning refugees, displaced persons, and war dead. Kidnaping remained
a problem in many areas, particularly for relief workers and critics of
faction leaders (see Section 1.d.).
Fighters of the Wasangeli subclan kidnaped five U.N. and European
Union aid workers in the northwest in November, apparently in retaliation
for the seizure of a Palestinian businessman by a rival subclan, the Marjeteen.
They later released the Palestinian citizen and the aid workers unharmed.
No politically related kidnapings have taken place in the northwest since
the spring of 1996.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There were no reports of the use of torture by warring militiamen against
each other or against civilians. Many incidents involving torture
are probably unreported.
In North Mogadishu, parts of South Mogadishu, the Middle Shabelle, and
parts of the Gedo and Hiran regions, Shari'a courts regularly sentenced
convicted thieves to public lashings and, far less frequently, to the amputation
of their hands (see Section i.e.). The North Mogadishu Shari'a (Islamic)
court was effectively inoperative by year's end.
Prison conditions varied by region but were life threatening in some facilities.
Conditions at the North Mogadishu prison of the Shari'a court system
grew so harsh that prison officials released all but a handful of the inmates.
In Bosasso, 10 prisoners died after spending a night in an overcrowded,
overheated cell; 20 others were hospitalized. In many areas, prisoners
are able to receive food from family members or from relief agencies.
The International Committee of the Red Cross (ICRC) delegates were permitted
to visit prisoners in some parts of the country, as were Western diplomats.
d. Arbitrary Arrest, Detention, or Exile
In the absence of constitutional or other legal protections, Somali factions
and armed bandits continued to engage in arbitrary detention. Most
incidents were the result of disputes among and within clans, political
disagreements, and the requirements of military security. Among the
most serious incidents were the February 16-19 occupation of an NGO's hospital
in Bosasso and the brief detention in early July of World Food Program
staff in Mogadishu. In August the Al'Ittihad faction arrested several
U.N. officials in Gedo. Each incident was resolved peacefully,
generally after the intervention of local clan elders.
None of the factions used forced exile.
e. Denial of Fair Public Trial
There is no national judicial system.
Some regions have established local courts that depend on the predominant
local clan and associated faction for their authority.
The judiciary in most regions relies on some combination of traditional
and customary justice, Shari'a law, and the pre-1991 penal code. Shari'a
courts continued to operate in several regions, partially filling the vacuum
created by the absence of normal government authority. Shari'a courts
traditionally ruled in cases of civil and family law, but their jurisdiction
was extended to criminal proceedings in some regions beginning in 1994.
In Bosasso and Afmedow, for example, authorities surrender criminals
to the families of their victims, who exact blood compensation in keeping
with Somali tradition. In November the U.N. in Kismayo reportedly
turned over to victims' clans a group of guards accused of indiscriminate
firing into a crowd. The guards were given a choice of execution
or paying compensation to the families. The case was unresolved at
year's end.
In the northwest, the Republic of Somaliland adopted a new constitution
based on democratic principles, but continues to use the pre-1991 Somali
penal code. Some district and regional courts, as well as a "supreme
court" in Hargeisa, are functioning. In Bardera, courts apply
a combination of Islamic Shari'a law and the pre-1991 penal code.
In North Mogadishu, a segment of South Mogadishu, the Middle Shabelle,
and parts of the Gedo and Hiran regions, court decisions are based solely
on Shari'a law. In those areas and parts of Gedo and Hiran regions,
where Shari'a culture is particularly entrenched, harsh punishments--including
amputations and stoning--are meted out for certain offenses. With
the decline in Shari'a court influence, these practices diminished during
the year. Armed conflicts between Islamic radicals and other citizens
also caused many deaths in Gedo region. This conflict largely ended
after the rebel troops were forced out of Gedo.
The right to representation by an attorney and the right of appeal do not
exist in those areas applying traditional and customary judicial practices
or Shari'a law. These rights are more often respected in regions
that continue to apply the pre-1991 penal code and in Somaliland. However,
Somali human rights organizations note that proceedings in the North Mogadishu
Shari'a court often contravene the norms of Shari'a law. In one serious
incident at the end of spring, the court denied basic rights, including
the right to counsel and to face witnesses, to a group suspected of plundering
a local marketplace. Public protest led to the postponement of the
planned mass trial, but the suspects remain in custody.
There were no reports that the various factions held identifiable political
prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Looting and forced entry into private property continued but at levels
again reduced from previous years, when large numbers of marauding militiamen
first occupied many urban properties. The marauders continued to
control most such properties at year's end. Control of properties
that were forcibly occupied during militia campaigns in 1992-1993, notably
in Mogadishu and the Lower Shabelle, remains a problem in national reconciliation
efforts.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal
Conflicts
Warring factions continued to commit violations of humanitarian law, including
the killing of civilian noncombatants. Sporadic fighting in the Mogadishu
area between pro- and anti-Aideed militia led to numerous of civilian deaths
and hundreds of wounded. Numerous combatants also lost their lives.
Both sides shelled targets located in densely populated neighborhoods
or areas controlled by civilians.
In March interclan fighting in Galgudud region resulted in the deaths of
10 persons; an additional 18 were wounded. In Mogadishu in April,
17 persons were killed. From August through December, at least 2
dozen persons died as a result of fighting within the Abgal clan, the dominant
group in North Mogadishu and Lower Shabelle.
Intermittent combat in North Mogadishu between militia loyal to faction
leader Ali Madhi and militia of his rival Sheikh Ali Dherre, leader of
the Shari'a court, was responsible for at least one dozen deaths during
the year.
Fighting in the south between Islamic radicals and their clan and factional
opponents led to many additional deaths. Repeated incursions into
Somalia by forces in pursuit of the radicals and bandit gangs contributed
to the high toll of lives. In Kismayo clashes between the Majerteen
and Marehan clans also caused numerous deaths. Between March and
year's end, more than 150 people, including noncombatants were killed as
a result of these incidents. Interclan fighting in Burao and Erigavo,
two towns in the northwest, claimed at least six lives during the summer.
These areas became calm after the intervention and mediation of clan
elders from both sides of the conflict.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Most citizens obtain news from foreign news broadcasts, chiefly the British
Broadcasting Corporation (BBC), which transmits a daily Somali language
program. The major faction leaders in Mogadishu, as well as the authorities
of the Government of Somaliland operate small radio stations. The
print media consist largely of short, photocopied, dailies, published in
the larger cities and often linked to one of the factions. Several
of these newspapers are nominally independent and are critical of the faction
leaders. Somaliland has two independent daily newspapers, one government
daily, and an English language newspaper.
In late March, gunmen forcibly entered the home of the BBC correspondent
in Mogadishu, stole his camera and computer equipment, and beat him senseless.
Although robbery was a possible motive, the journalist had published
reports critical of militant Islamic cleric Sheikh Ali Dherre. In
April another BBC journalist in the capital received threats after disseminating
a report critical of a former Somali diplomat and a Malaysian businessman.
Also in April, courts in Somaliland ordered the arrest of a newspaper publisher
who had launched an investigative series on official corruption. Although
the publisher was tried for slander, no judgment was announced. The
trial was marred by a violent attack against a news photographer by a senior
"minister" in the local government; he was later dismissed from
his job. Authorities again detained the publisher and several of
his coworkers in September and accused them of printing false customs receipts.
Public criticism and findings by a regional court and the parliament
that the arrests were carried out without due process and were unconstitutional
led to the release of the journalists after 1 week. Some of them
were rearrested shortly thereafter on the same charges and faced trial
at year's end.
There is no organized higher educational system in the country.
b. Freedom of Peaceful Assembly and Association
Many clans and factions held meetings during the year without incident,
albeit usually under tight security. Although citizens are free to
assemble in public, the lack of security effectively limits this right
in many parts of the country. Few public rallies took place during
the year without the sponsorship of an armed group.
Some professional groups and local NGO's operate as security conditions
permit.
The new Constitution of Somaliland established the right of freedom of
association.
c. Freedom of Religion
Somalis are overwhelmingly Sunni Muslim. Local tradition and past
law make proselytization a crime for any religion except Islam. Some
local administrations have made Islam the official religion in their regions,
in addition to establishing a judicial system based on Shari'a law (see
Section i.e.). Non-Sunni Muslims are often viewed with suspicion
by members of the Sunni majority. There is strong social pressure
to respect Islamic traditions, especially in fundamentalist enclaves such
as Luuq, in the Gedo region. There is a small, low-profile Christian
community. Christian-based international relief organizations generally
operate without interference so long as they refrain from proselytizing.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration,
and Repatriation
Freedom of movement continued to be restricted in many parts of the country.
Checkpoints manned by militiamen loyal to one clan or faction inhibited
passage by other groups. In the absence of a recognized national
government, most citizens do not have documents needed for international
travel. As security conditions improved in many parts of the country,
refugees and internally displaced persons continued to return to their
homes, particularly in the northwest.
Ethiopia still holds at least 250,000 Somali refugees, mostly from the
northwest. The UNHCR carried out a pilot repatriation of 1,000 persons
in May, and was in the process of carrying out a repatriation of 20,000
at year's end.
Djibouti hosted approximately 20,000 Somali refugees in camps at year's
end, and about 2,000 in its capital city.
The number of Somali refugees in Kenya dropped to approximately 125,000
as of year's end, down from more than 400,000 at the height of the humanitarian
crisis in 1992. The serious floods late in the year halted repatriation.
As Somalia has no functioning government, there is no policy of first asylum,
although a small number of Ethiopian refugees remained in Somalia, mostly
in the northeast near Bosasso. The authorities in northwest Somalia
have cooperated with the U. N. High Commissioner for Refugees
and other humanitarian assistance organizations in assisting refugees,
although agreement on the return of refugees to the coastal areas of the
Awdal regions has still not been reached. There were no reports of
forced expulsion of those having a valid claim to refugee status.
Section 3 Respect for Political Rights: The Right of Citizens to Change
Their Government
In the absence of a widely supported, effective national government, recognized
domestically or internationally, citizens could not exercise this right.
In most regions, local councils of clan leaders function as rulers.
Although many such groups derive their authority from the traditional
deference given clan elders, most face opposition of varying strength from
political factions and radical Islamic groups.
Although several women are important behind-the-scenes figures in the various
factions, women as a group remain outside the political process. No
women hold prominent public positions.
In the "Republic of Somaliland," the existence of which was endorsed
by clan elders in 1991 and 1993, a 315-person conference of clans that
had begun in November 1996 led to a peace accord early in the year. It
demobilized militia groups, established a Constitution and a Parliament
with proportional clan representation, and held a general election of a
president and vice president from a slate of candidates. The Hargeisa
authorities have established functioning administrative institutions in
about half of the te
Section 4 Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights
Several local human rights organizations were active during the year. ICRC
delegates were permitted to visit prisons in some parts of the country,
as were Western diplomats. The United Nations Special Rapporteur
on Human Rights in Somalia visited the country during the spring and prepared
a report for the Secretary General. International humanitarian NGO's
and U.N. agencies continued to operate, but the poor security situation
limited their activities in some areas. In July an Italian delegation
investigating abuses committed by Italian soldiers in 1993 interviewed
Somali witnesses in Addis Ababa.
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language,
or Social Status
Discrimination against women and widespread abuse of children continued
to be serious problems.
Women
Women suffered heavily disproportionate levels of violence in the civil
war and in the strife that followed. During the year, however, there
were again no reports of systematic attacks on women in connection with
the continuing civil strife.
Women are systematically subordinated in the country's overwhelmingly patriarchal
culture. Polygyny is lawful; polyandry is not. Under laws issued
by the former government, female children could inherit property, but only
half the amount to which their brothers were entitled. Similarly,
according to the tradition of blood compensation, those found guilty in
the death of a woman must pay only half as much to the aggrieved family
as they would if the victim were a man.
Children
Children remain among the chief victims of the continuing violence. Boys
as young as 14 or 15 years of age have participated in militia attacks,
and many youths are members of the marauding gangs known as "Mooryann
(parasites of maggots)." Even in areas with relative security, lack
of resources has limited the opportunity for children to attend school.
Female genital mutilation (FGM), which is widely condemned by international
health experts as damaging to both physical and psychological health, is
a nearly universal practice. An independent expert in the field estimates
that 98 percent of females have been subjected to FGM. The practice
was illegal in 1991, when the Siad Barre government collapsed; it remains
technically illegal, but the law is not enforced. While U.N. agencies
and NGO's have made intensive efforts to educate people about the danger
of FGM, no reliable statistics are available on their success.
People with Disabilities
Before the collapse of the state in 1991, there were no laws mandating
accessibility to public buildings, transportation, or government services
for the disabled. In the absence of a functioning government, there
are no authorities to address these problems or assist the disabled. Several
local NGO's are attempting to provide limited social and medical services
to the disabled.
National/Racial/Ethnic Minorities
More than 80 percent of the people share a common ethnic heritage, religion,
and nomadic culture. The largest minority group, Bantu Somalis are
descended from slaves brought to the country about 300 years ago. In
virtually all areas, members of groups other than the predominant clan
in that area are excluded from effective participation in governing institutions
and are subject to discrimination in employment, judicial proceedings,
and access to public services.
Members of minority groups are subjected to harassment, intimidation, and
abuse by armed gunmen of all affiliations.
Section 6 Worker Rights
a. The Right of Association
The 1990 Constitution provided workers with the right to form unions, but
the civil war and factional fighting negated this provision and shattered
the single labor confederation, the then government-controlled General
Federation of Somali Trade Unions. Given the extent of the political
and economic breakdown and the lack of legal enforcement mechanisms, trade
unions can not function freely.
The new constitution of Somaliland established the right of freedom of
association, but no unions or employer associations have yet come into
existence.
b. The Right to Organize and Bargain Collectively
Wages and work requirements in traditional Somali culture are largely established
by barter based on supply, demand, and the influence of the clan from which
the worker originates. As during past years, labor disputes sometimes
led to the use of force or kidnaping.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Local partners of multinational fruit export firms reportedly used forced
labor, including forced labor by children in some areas of the Lower Shabelle.
d. Status of Child Labor Practices and Minimum Age for Employment
Formal employment of children was rare, but youths commonly participate
in herding, agriculture, and household labor from an early age. The
lack of educational opportunities are severely depressed economic conditions
make such employment a necessity.
e. Acceptable Conditions of Work
There was no organized effort by any of the factions or de facto regional
administrations to monitor acceptable conditions of work during the year.
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