Human rights in Somalia

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Somalia
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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.

Contents

Police Brutality [edit]

Even during the administration of Siad Barre, 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 reforms 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.[1]

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.

Restriction of Freedoms [edit]

Main articles: Propaganda in the War in Somalia and Disarmament in Somalia

Due to the imposition of martial law, 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.

Women's Rights [edit]

Violence and discrimination against women, including genital mutilation, is common. The rape of women by militia and bandits is a problem, and there are no laws against spousal rape.[2]

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.[3]

Child Abuse [edit]

Child abuse, including child labor and human trafficking, is a problem. The United Nations has listed Somalia as a country in which the use of child soldiers exists.[4] Many youths join armed gangs and militia groups.[5]

Persecution of Minorities [edit]

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.

Historical situation [edit]

The following chart shows Somalia's ratings since 1972 in the Freedom in the World reports, published annually by Freedom House. A rating of 1 is "free"; 7, "not free".[6]1

International treaties [edit]

Somalia's stances on international human rights treaties are as follows:

See also [edit]

Portal icon Human rights portal
Portal icon Somalia portal

Notes [edit]

1.^ Note that the "Year" signifies the "Year covered". Therefore the information for the year marked 2008 is from the report published in 2009, and so on.
2.^ As of January 1. Since early 1991 Somalia has effectively been without a government.
3.^ The 1982 report covers the year 1981 and the first half of 1982, and the following 1984 report covers the second half of 1982 and the whole of 1983. In the interest of simplicity, these two aberrant "year and a half" reports have been split into three year long reports through extrapolation.

References [edit]

  1. ^ U.S. Department of State Report
  2. ^ "Country Profiles, Reports and Fact Sheets on Somalia". Retrieved 2007-01-16. 
  3. ^ "SOMALIA: Women demand greater role in new government". IRIN. 2004-11-29. Retrieved 2007-01-16. 
  4. ^ U.N. Spotlights Child Soldiers
  5. ^ "Child Soldiers Being Recruited in Somalia, Say Humanitarian Agencies". Voice of America. 2007-01-12. Retrieved 2007-01-16. 
  6. ^ Freedom House (2012). "Country ratings and status, FIW 1973-2012" (XLS). Retrieved 2012-08-22. 
  7. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 1. Convention on the Prevention and Punishment of the Crime of Genocide. Paris, 9 December 1948". Retrieved 2012-08-29. 
  8. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 2. International Convention on the Elimination of All Forms of Racial Discrimination. New York, 7 March 1966". Retrieved 2012-08-29. 
  9. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 3. International Covenant on Economic, Social and Cultural Rights. New York, 16 December 1966". Retrieved 2012-08-29. 
  10. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 4. International Covenant on Civil and Political Rights. New York, 16 December 1966". Retrieved 2012-08-29. 
  11. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 5. Optional Protocol to the International Covenant on Civil and Political Rights. New York, 16 December 1966". Retrieved 2012-08-29. 
  12. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 6. Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity. New York, 26 November 1968". Retrieved 2012-08-29. 
  13. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 7. International Convention on the Suppression and Punishment of the Crime of Apartheid. New York, 30 November 1973". Retrieved 2012-08-29. 
  14. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 8. Convention on the Elimination of All Forms of Discrimination against Women. New York, 18 December 1979". Retrieved 2012-08-29. 
  15. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 9. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. New York, 10 December 1984". Retrieved 2012-08-29. 
  16. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11. Convention on the Rights of the Child. New York, 20 November 1989". Retrieved 2012-08-29. 
  17. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 12. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. New York, 15 December 1989". Retrieved 2012-08-29. 
  18. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 13. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. New York, 18 December 1990". Retrieved 2012-08-29. 
  19. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 8b. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. New York, 6 October 1999". Retrieved 2012-08-29. 
  20. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11b. Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. New York, 25 May 2000". Retrieved 2012-08-29. 
  21. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11c. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. New York, 25 May 2000". Retrieved 2012-08-29. 
  22. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 15. Convention on the Rights of Persons with Disabilities. New York, 13 December 2006". Retrieved 2012-08-29. 
  23. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 15a. Optional Protocol to the Convention on the Rights of Persons with Disabilities. New York, 13 December 2006". Retrieved 2012-08-29. 
  24. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 16. International Convention for the Protection of All Persons from Enforced Disappearance. New York, 20 December 2006". Retrieved 2012-08-29. 
  25. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 3a. Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. New York, 10 December 2008". Retrieved 2012-08-29. 
  26. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11d. Optional Protocol to the Convention on the Rights of the Child on a communications procedure . New York, 19 December 2011. New York, 10 December 2008". Retrieved 2012-08-29. 

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