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Somalia

The human rights situation in Somalia has shown no improvements since from our last report to the 46th Session of the African Commission on Human and Peoples Rights. Mass violations of international humanitarian law (IHL) and human rights are committed against civilians during the fighting by all actors involved in the conflict, notably armed opposition forces, government forces and al-Shabaab members. The implementation of extreme interpretations of sharia law in al-Shabaab controlled areas has had a significant impact on the human rights situation of civilians and human rights defenders.

Since May 7 2009, the Somali capital has been affected by incessant fighting between al-Shabaab and other insurgent groups with forces of, or affiliated to, the Transitional Federal Government (TFG) of Somalia. Civilians in general have greatly suffered from massive rights violations and continue to bear the brunt of the deteriorating security and human rights situation in the country. All actors involved in the fighting, from the insurgent groups notably al- Shabaab through the TFG forces and African Union (AMISOM) troops, dispatched on a United Nations mandate to protect the transitional government, have carried out indiscriminate and disproportionate attacks on civilian areas of the capital.The fighting has claimed lives of innocent civilians and left hundreds of thousands displaced from their homes notably along the Afgooye corridor outside of Mogadishu.

Right to life has been gravely violated notably as a result of the continued fighting in Mogadishu and in south and central Somalia as well as a result of targeted killings of politicians and journalists.

The country has no formal justice system to speak of and a culture of impunity is deeply entrenched. In fact the country has not seen any form of accountability or redress for the serious abuses that have been committed by any of the warring parties. According to reports, ad hoc tribunals have been set-up in areas controlled by insurgent groups that are unfairly trying civilians and sentencing them punishments that violate the right to life and represent torture, inhumane and degrading punishment, including death by stoning or decapitation, and amputation of limbs and other forms of corporal punishment. 1

The increase in application of extreme version of sharia law in areas dominated by al-Shabaab is leading to a further deterioration in women’s basic rights. Sexual and gender-based violence (SGBV) is a significant problem and yet women have little access to health care and no access to justice, a situation which is made worse by attacks on humanitarian and human rights workers.2 Many of those living in displacement camps are particularly vulnerable to SGBV. Rape is widespread. All actors involved in the conflict, from the TFG forces, to the Ethiopian troops, to the different militias have and continue to take advantage of the situation to exploit women and girls.

Targeted attacks, kidnappings and killings of humanitarian workers continue to occur. The abduction and attacks carried out on humanitarian personnel has forced many NGOs to pull out. In recent months those still present on the ground have seen their compounds looted and the UN has received significant threats by Al-Shabab. 3 Early this year, the World Food Program was forced to pull out from southern Somalia and suspend the delivery of food after the area become increasingly insecure with the program receiving a lot of pressure from the armed groups in the region.4 As a result, access to the greatly needed humanitarian assistance by the Somali population is further thwarted.

Press freedom in Somalia is several restricted in part due to the general security situation but also due to targeted attacks on the media.  Media houses are banned and attacked. The Islamist militia al-Shabaab’s announcement on the ban of local radio stations in the regions it controls from retransmitting the broadcasts of the BBC and Voice of America on the grounds that they carry Christian propaganda is proof to this.5 Another militant group Hizbul-Islam banned radio stations from playing music saying that it is “un Islamic”. In a twist of events, following the ban, the government also threatened to shut down all the radio stations that complied with the banning of playing music on their radio stations.6 This leaves the stations at crossroads on whose orders to follow and with no choice but to close their stations so as to be at harmony with both parties.

HRDs, in particular journalists, have been subjected to persistent and targeted violations from all parties involved in the conflict, from the TFG, to insurgent groups leaving defenders with no protection to speak of. In 2009 nine journalists were killed, three of whom were victims of targeted killings. In 2010, although the number of attacks and intimidation against defenders from the Transitional Federal Government (TFG) of Somalia forces appear to be decreasing, a number of journalists, notably radio journalists, have been arrested by al-Shabab. On 21 February 2010, Ali Yussuf Adan, a reporter with the Somaliweyn Media Center aprivate broadcaster in Somalia was abducted by the al-Shabab group. The reporter was picked shortly after reporting al-Shabab’s alleged killing of a man accused of being late to a Saturday prayer mandatory under ‘their version’ of Sharia law. According to Committee to Protect Journalists, Somali is one of the deadliest countries for the press.7 Most recently on 4th May, guy men shot to death a radio journalist Sheik Nur Mohamed Abkey working with radio Mogadishu as he was returning from work in the evening. Fellow journalists reported that they suspect he was tortured after finding his body dumped in an alleyway in Wardhigley. it is also reported that al-Shabaab militias later called in at the station to announce that they had killed  Abkey.8 As a result, many journalists have either been forced to exert self-censure, notably by reducing their reporting on ‘taboo’ issues such as human rights violations and military operations, forced into hiding or forced to seek refuge abroad.

Human rights activists have also come under attack from al-Shabaab, Most recently, on 16th April 2010, Alin Hilowle a human rights activist of the Isha Human Rights Organisation in Baidoa was arbitrary arrested and detained by al-Shabaab. He was arrested at his home in Baidoa and taken to a local police station by al-Shabaab militia. His laptop and USB key were also seized.9 It is believed that the arrest of the defender is in connection to his work since Isha Human Rights organization is one of the remaining few human rights organizations in the country

Somaliland

The repeated postponement of the presidential elections originally scheduled to take place in April 2008 and then again pushed to September 2009 is hampering the human rights situation in the country. The government is using its current legal status as a means to restrict civilian and political rights. The rights of the opposition have been restricted through a variety of means. The government, for example, generally overlooks the House of Representatives, that is under the control of the opposition.10

The rights of the opposition have been restricted through a variety of means in Somaliland. They are viewed with hostility and their movements are restricted, any criticism made of the regime by them is countered by hostile propaganda in which they are accused of endangering peace and stability. The government, for example, generally overlooks the House of Representatives, that is under the control of the opposition.11

According to a US state department report, the judiciary is not independent and the courts lack trained judges and a shortage of legal documentation to build judicial precedence. Untrained police and other unqualified persons reportedly serve as judges.12

Freedom of assembly is also restricted. The Somaliland security agencies prevent political parties from holding public rallies and meeting their supporters. Notably on 6th April 2009, police fired in the air and would not allow party leaders to address their supporters as they held a peaceful procession to commemorate Somalia National Movement Day.13

With no laws specifically addressing domestic violence against women, it remains a serious problem in Somaliland. Sexual violence in the home is a serious problem and linked to general gender discrimination. Further, they do not have the same rights as men and are systematically subordinated.
Impunity remains a problem in Somaliland as police and security agencies use excessive force which most times results into death. Abuses committed by the police and other militia groups are never investigated thereby accelerating impunity the more.

Attacks on the freedom of the media are also evident. In July 2009, the Managing Director Mohamed Osman and News Editor Ahmed Dhuhul of the Dutch-based Radio Horyaal were arrested and accused of inciting violence for reporting on a conference between the president and clan elders regarding a land dispute. The two were later released on bail 15 days at Somaliland’s Criminal Investigation Department in Hargeisa.14