Human rights in Somalia
Encyclopedia
Human rights in Somalia are extremely poor and serious human rights violations are a problem due to the unstable political situation in the country. Somalia
has not had a central government since President
Mohamed Siad Barre fled the country in 1991. Even during the Siad Barre regime, civil rights violations and oppression had led directly to the Somali Civil War
.
Although a Transitional National Government
(TNG) was established in 2000 at the Djibouti
Conference, followed by the Transitional Federal Government
(TFG) in 2004. The TFG authorized the Transitional Federal Charter which guaranteed many civil rights, but the nascent government did not have much authority over the nation to enforce laws or ensure those rights. De facto
power is held by the unrecognized independent entity of Somaliland
, the autonomous governments of Puntland
, Southwestern Somalia
, Jubaland
, Galmudug
, and various warlords.
Some progress in establishment of civil administration was made during the control of south and central Somalia by the Islamic Courts Union (ICU). Certain rights were done away with under strict sharia
law, in exchange for a focus on safety and security.
With the military defeat of the ICU, the TFG leaders moved into the capital of Mogadishu
at the beginning of 2007.
, the law enforcement, judicial, and penal systems were harsh, often horrific and corrupt. A decade without a central government has done little to improve the situation in most of the country. A broad range of new institutions and security sector reform
s are needed.
Justice is enforced by both police forces and factional militia
, both of which have committed many human rights abuses in the past. Kidnappings by militia groups to obtain ransom money are common. Arbitrary arrests are a problem. Prison conditions are extremely poor and dangerous. Overcrowding, dangerous health conditions, and abuse by guards exist in Somali prisons. Reports exist of Puntland and militia groups using torture against each other and civilians.
Under the Islamic Courts, strict sharia
law was applied, issuing edicts which could result in summary justice by armed militias or severe rulings by courts.
An entirely new justice system is a priority of the new government. As militias are being demobilized
, a new national police force is being instituted. The first members of the new judiciary
were sworn for Banadir in January 2007. However, with the concurrent imposition of martial law means there are few constraints on the members of the military.
, freedom of speech
, press, assembly, association, religion, and movement are all restricted on a de facto
basis. Many of these rights are formally guaranteed de jure
by the 2004 Transitional Federal Charter, yet the government has not been in any position to guarantee them, and in cases, has specifically abridged them.
Harassment and detention of journalists have occurred across the country, both by the Transitional Federal Government
(TFG) and under the Islamic Courts Union. Somaliland
has banned political demonstrations, and Puntland
has outlawed opposition parties. Checkpoints around Somalia are manned by militia, who have at times extorted or killed civilians attempting to travel through the country. The right to privacy
is also restricted.
On January 15 the TFG ordered independent radio and television stations closed down, citing national security. The next day, the media outlets were allowed to operate again.
Without a civil administration, ownership of weapons mushroomed, especially assault rifles, as did the possession of light weapons such as rocket launchers, antiaircraft guns, mortars and other explosives. The ICU and the TFG both imposed strict forms of gun control
.
, is common. The rape of women by militia and bandits is a problem, and there are no laws against spousal rape.
Political activism for women's rights, led by Asha Haji Elmi
's "Sixth Clan
" women's movement, led to representation in the Transitional Federal Parliament
(TFP). However, the Transitional Federal Charter requires 12% of the Parliament seats (33 seats) be reserved for women. However, in the November 2004 selections of MPs, only 8% were filled by women.
and human trafficking
, is a problem. The United Nations
has listed Somalia as a country in which the use of child soldiers exists. Many youths join armed gangs and militia groups.
Somalia
Somalia , officially the Somali Republic and formerly known as the Somali Democratic Republic under Socialist rule, is a country located in the Horn of Africa. Since the outbreak of the Somali Civil War in 1991 there has been no central government control over most of the country's territory...
has not had a central government since President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
Mohamed Siad Barre fled the country in 1991. Even during the Siad Barre regime, civil rights violations and oppression had led directly to the Somali Civil War
Somali Civil War
The Somali Civil War is an ongoing civil war taking place in Somalia. The conflict, which began in 1991, has caused destabilisation throughout the country, with the current phase of the conflict seeing the Somali government losing substantial control of the state to rebel forces...
.
Although a Transitional National Government
Transitional National Government
The Transitional National Government of Somalia was established in April–May 2000 at the Somalia National Peace Conference held in Djibouti....
(TNG) was established in 2000 at the Djibouti
Djibouti
Djibouti , officially the Republic of Djibouti , is a country in the Horn of Africa. It is bordered by Eritrea in the north, Ethiopia in the west and south, and Somalia in the southeast. The remainder of the border is formed by the Red Sea and the Gulf of Aden at the east...
Conference, followed by the Transitional Federal Government
Transitional Federal Government
The Transitional Federal Government is the current internationally recognized government of the Republic of Somalia. It was established as one of the Transitional Federal Institutions of government as defined in the Transitional Federal Charter adopted in November 2004 by the Transitional...
(TFG) in 2004. The TFG authorized the Transitional Federal Charter which guaranteed many civil rights, but the nascent government did not have much authority over the nation to enforce laws or ensure those rights. De facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
power is held by the unrecognized independent entity of Somaliland
Somaliland
Somaliland is an unrecognised self-declared sovereign state that is internationally recognised as an autonomous region of Somalia. The government of Somaliland regards itself as the successor state to the British Somaliland protectorate, which was independent for a few days in 1960 as the State of...
, the autonomous governments of Puntland
Puntland
Puntland , officially the Puntland State of Somalia , is a region in northeastern Somalia, centered on Garowe in the Nugaal province. Its leaders declared the territory an autonomous state in 1998....
, Southwestern Somalia
Southwestern Somalia
Southwestern Somalia was an ostensibly autonomous self-proclaimed state in Somalia founded by Hasan Muhammad Nur Shatigadud, leader of the Rahanweyn Resistance Army on April 1, 2002...
, Jubaland
Jubaland
Jubaland , also known as Azania or the Juba Valley and formerly as Trans-Juba , is an autonomous region in southern Somalia. Its eastern border lies 40–60 km east of the Jubba River, stretching from Gedo to the Indian Ocean, while its western side flanks the North Eastern Province in...
, Galmudug
Galmudug
Galmudug is an autonomous region in central Somalia. It is bordered to its north by the Puntland region, to the west by Ethiopia, and to the south by other regions of Somalia.Galmudug's name is derived from a conflation of the Galguduud and Mudug provinces...
, and various warlords.
Some progress in establishment of civil administration was made during the control of south and central Somalia by the Islamic Courts Union (ICU). Certain rights were done away with under strict sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law, in exchange for a focus on safety and security.
With the military defeat of the ICU, the TFG leaders moved into the capital of Mogadishu
Mogadishu
Mogadishu , popularly known as Xamar, is the largest city in Somalia and the nation's capital. Located in the coastal Benadir region on the Indian Ocean, the city has served as an important port for centuries....
at the beginning of 2007.
Police Brutality
Even during the administration of Siad BarreSiad Barre
Mohamed Siad Barre was the military dictator and President of the Somali Democratic Republic from 1969 to 1991. During his rule, he styled himself as Jaalle Siyaad ....
, the law enforcement, judicial, and penal systems were harsh, often horrific and corrupt. A decade without a central government has done little to improve the situation in most of the country. A broad range of new institutions and security sector reform
Security sector reform
Security Sector Reform is a concept to reform or rebuild a state's security sector that emerged first in the 1990s in Eastern Europe. It starts where a dysfunctional security sector is unable to provide security to the state and its people effectively and under democratic principles. Even worse,...
s are needed.
Justice is enforced by both police forces and factional militia
Militia
The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
, both of which have committed many human rights abuses in the past. Kidnappings by militia groups to obtain ransom money are common. Arbitrary arrests are a problem. Prison conditions are extremely poor and dangerous. Overcrowding, dangerous health conditions, and abuse by guards exist in Somali prisons. Reports exist of Puntland and militia groups using torture against each other and civilians.
Under the Islamic Courts, strict sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law was applied, issuing edicts which could result in summary justice by armed militias or severe rulings by courts.
An entirely new justice system is a priority of the new government. As militias are being demobilized
Disarmament in Somalia
After two decades of violence and civil war and after the Transitional Federal Government of Somalia captured Mogadishu and Kismayo, the TFG attempted to disarm the militias of the country in late 2006...
, a new national police force is being instituted. The first members of the new judiciary
Judiciary of Somalia
The Judiciary of Somalia as defined by the Transitional Federal Charter began its formative stages in early 2007 with the swearing in of the first jurists recognized by the Transitional Federal Government ....
were sworn for Banadir in January 2007. However, with the concurrent imposition of martial law means there are few constraints on the members of the military.
Restriction of Freedoms
Due to the imposition of martial lawMartial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
, freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, press, assembly, association, religion, and movement are all restricted on a de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
basis. Many of these rights are formally guaranteed de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
by the 2004 Transitional Federal Charter, yet the government has not been in any position to guarantee them, and in cases, has specifically abridged them.
Harassment and detention of journalists have occurred across the country, both by the Transitional Federal Government
Transitional Federal Government
The Transitional Federal Government is the current internationally recognized government of the Republic of Somalia. It was established as one of the Transitional Federal Institutions of government as defined in the Transitional Federal Charter adopted in November 2004 by the Transitional...
(TFG) and under the Islamic Courts Union. Somaliland
Somaliland
Somaliland is an unrecognised self-declared sovereign state that is internationally recognised as an autonomous region of Somalia. The government of Somaliland regards itself as the successor state to the British Somaliland protectorate, which was independent for a few days in 1960 as the State of...
has banned political demonstrations, and Puntland
Puntland
Puntland , officially the Puntland State of Somalia , is a region in northeastern Somalia, centered on Garowe in the Nugaal province. Its leaders declared the territory an autonomous state in 1998....
has outlawed opposition parties. Checkpoints around Somalia are manned by militia, who have at times extorted or killed civilians attempting to travel through the country. The right to privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
is also restricted.
On January 15 the TFG ordered independent radio and television stations closed down, citing national security. The next day, the media outlets were allowed to operate again.
Without a civil administration, ownership of weapons mushroomed, especially assault rifles, as did the possession of light weapons such as rocket launchers, antiaircraft guns, mortars and other explosives. The ICU and the TFG both imposed strict forms of gun control
Gun control
Gun control is any law, policy, practice, or proposal designed to restrict or limit the possession, production, importation, shipment, sale, and/or use of guns or other firearms by private citizens...
.
Women's Rights
Violence and discrimination against women, including genital mutilationGenital mutilation
Genital mutilation can refer to:*Clitoridectomy*Female genital mutilation, also known as female circumcision*Genital modification and mutilation*Infibulation...
, is common. The rape of women by militia and bandits is a problem, and there are no laws against spousal rape.
Political activism for women's rights, led by Asha Haji Elmi
Asha Haji Elmi
Asha Haji Elmi is a peace activist in Somalia who won the Right Livelihood Award in 2008, with three other activists from India, USA and Germany. In September, 2009, she was one of five recipients of the Clinton Global Citizen Award.-Biography:Asha was born in Somalia in 1962...
's "Sixth Clan
Sixth Clan
The Sixth Clan is a women's network active in Somali politics founded by Asha Haji Elmi. The name stems from the fact that traditionally Somalia's society is said to consist of five major clans...
" women's movement, led to representation in the Transitional Federal Parliament
Transitional Federal Parliament
The Transitional Federal Parliament of the Somali Republic is an interim Parliament of Somalia formed in neighboring Kenya in 2004.The Transitional Federal Parliament has 550 members representing Somalia's clans, Islamist opposition, representatives of citizens' groups and the Somali...
(TFP). However, the Transitional Federal Charter requires 12% of the Parliament seats (33 seats) be reserved for women. However, in the November 2004 selections of MPs, only 8% were filled by women.
Child Abuse
Child abuse, including child laborChild labor
Child labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries...
and human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
, is a problem. The United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
has listed Somalia as a country in which the use of child soldiers exists. Many youths join armed gangs and militia groups.
Persecution of Minorities
Discrimination against ethnic and religious minorities is a problem. In some areas gunmen have coerced minorities into forced labor. Intermarriage between minority groups and the ethnic Somali majority are outlawed, and they generally have restricted access to health care and education.External links
- Human Rights Watch: Somalia
- Censorship in Somalia - IFEXInternational Freedom of Expression ExchangeThe International Freedom of Expression eXchange , founded in 1992, is a global network of around 90 non-governmental organisations that promotes and defends the right to freedom of expression....
- Amnesty International's 2011 Annual Report on Somalia