Bureau of Democracy, Human Rights, and Labor
2008 Country Reports on Human Rights Practices
2008 Human Rights Reports: Somalia and Somaliland....Part A
Other Conflict Related Abuses
Security problems complicated the work of local and international organizations, especially in the south. Attacks on NGOs, looting, and piracy disrupted flights and food distribution during the year. As a result of threats and harassment, some organizations evacuated their staffs or halted relief food distribution and other aid-related activities.
During the year piracy off the coast of Somalia significantly increased, and the International Maritime Bureau identified Somali territorial waters as the most dangerous in the world. Pirates conducted 42 successful hijackings and 69 unsuccessful attacks on vessels off the Somali coast. Many incidents occurred in the Gulf of Aden, and most of the ships were brought into the waters off the coast of Puntland and held near the coastal town of Eyl. Fueled by lucrative ransoms, Eyl developed a burgeoning industry to support the pirates and their hostages. Following ransom payments that in some cases reached several millions of dollars, the hijacked vessels were released. In each instance crews were held hostage until ransom was paid. In April Puntland security forces stormed a hijacked ship and rescued its crew members. They arrested seven pirates, and Puntland courts sentenced the perpetrators to life in prison. In September Somaliland authorities arrested and sentenced five suspected pirates to five-year prison terms for plotting to conduct piracy off the coast of Berbera. At year's end 15 vessels and more than 200 crew members remained in the custody of Somali pirates.
a. Freedom of Speech and Press
The TFC and the Somaliland constitution provide for freedom of speech and press. However, there were instances of harassment, arrest, and detention of journalists in all regions of the country, including Puntland and Somaliland. The Puntland Charter provides for press freedom "as long as they respect the law"; however, this right was not respected in practice. Freedom House has classified Somalia as "not free" every year from 1972 to 2008. Reporters Without Borders also gave the country a low rating for press freedom. Journalists engaged in rigorous self-censorship to avoid reprisals.
The print media consisted largely of short, photocopied dailies published in the larger cities and often affiliated with one or another of the factions. Several of these dailies were nominally independent and published criticism of prominent persons and political leaders.
In Somaliland there were six independent daily newspapers. There was also one government daily and two English-language weekly newspapers. There were two independent television stations, Hargeisa TV and Hargeisa Cable TV, and one government-owned station, Somaliland National TV. Although the Somaliland constitution permits independent media, the Somaliland government has consistently prohibited the establishment of independent FM stations. The only FM station in Somaliland was the government-owned Radio Hargeisa.
Most citizens obtained news from foreign radio broadcasts, primarily the BBC's Somali Service and the Voice of America's Somali service that transmitted daily Somali-language programs. There were reportedly eight FM radio stations and one short-wave station operating in Mogadishu. A radio station funded by local businessmen operated in the south, as did several other small FM stations in various towns in the central and southern parts of the country. There were at least six independent radio stations in Puntland.
On September 17, Abdiqani Ismail Goh was arrested by Somaliland Police after head of Somali Red Crescent (SRC) in Las Anod Dakir Ali Nur filed a complaint against Goh for his Internet reporting on SRC's food distribution. Goh was released on September 22 without trial or further explanation.
On November 3, Hadis Mohammed Hadis was arrested at Igal International Airport by Somaliland Criminal Investigations Department (CID) agents. According to journalists in Hargeisa, Hadis was arrested after local residents saw him filming the sites of the dual bombings on October 29 in Hargeisa and then followed the journalist while speaking on a telephone about the bombings. He was released on November 18.
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The TFC, the Somaliland constitution, and the Puntland Charter provide for freedom of assembly; however, a ban on demonstrations continued, and the lack of security effectively limited this right in many parts of the country. Use of excessive force by security personnel to disperse demonstrators resulted in numerous deaths and injuries.
For example, on May 6, TFG police killed five demonstrators when thousands marched in the streets of Mogadishu to demonstrate against rising food prices and merchants' refusal to accept old currency notes.
On April 27, Somaliland police killed three persons and injured several others while dispersing a demonstration. On July 18, police in Hargeisa killed two civilians and injured an estimated seven after firing into a group of youth demonstrators.
Freedom of Association
The TFC provides for freedom of association; however, the TFG did not permit freedom of association during the year. The Puntland Charter provides for freedom of association; however, the Puntland administration continued to ban all political parties.
The Somaliland constitution provides for freedom of association, and this right was generally respected in practice; however, in July 2007 Somaliland authorities arrested three opposition politicians who were planning to form a new political party. These persons were released in December 2007. President Riyale stated that he issued an official pardon; however, their judicial record was not cleared, and the leaders were effectively blocked from participating in the electoral process as candidates for any party.
Legislation governing the formation of political parties in Somaliland limits the number of parties allowed to contest general elections to three. An ad hoc commission nominated by the president and approved by the legislature was responsible for considering applications. The law provides that approved parties obtaining 20 percent of the vote are allowed to operate. There were three approved political parties.
Freedom of Religion
While the TFC provides for religious freedom, this right was widely ignored in practice. The TFG generally did not enforce legal restrictions or protections concerning religious freedom.
Militia groups, particularly those associated with al-Shabaab and individuals previously affiliated with the UIC, at times imposed a strict interpretation of Islam on communities under their control. There were reports that individuals who did not practice Islam were discriminated against, and at least four nonobservant Somalis may have been killed.
The TFC, Somaliland constitution, and Puntland Charter establish Islam as the official religion. Somalis are overwhelmingly Sunni Muslims of a Sufi tradition. There also is a very small, extremely low-profile Christian community, in addition to small numbers of followers of other religions. The constitution and/or charters governing the various regions provide the right to study and discuss the religion of one's choice. However, the government does not permit freedom of worship. The number of adherents of strains of conservative Islam and the number of Islamic schools supported by religiously conservative sources continued to grow.
In Puntland, only Shafi'iyyah, a moderate Islamic doctrine followed by most citizens, is allowed. Puntland security forces closely monitored religious activities. Religious schools and places of worship must receive permission to operate from the Ministry of Justice and Religious Affairs, but such permission was granted routinely to schools and mosques espousing Shafi'iyyah.
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