Bureau of Democracy, Human Rights, and Labor
2008 Country Reports on Human Rights Practices
2008 Human Rights Reports: Somalia and Somaliland....Part A
2008 Human Rights Reports: Somalia and Somaliland…Part B
Societal Abuses and Discrimination
During the year, in the Bay and Lower Juba regions as well as in Mogadishu, Muslim extremists killed several prominent clerics. On August 15, armed youth lobbed grenades at a mosque in Doblay. The mosque is used by members of the Takfir, a Muslim sect that brands all other Muslims "unbelievers," killing two persons.
Suspected Islamic extremists bombed cinemas and attacked persons whom they asserted were not behaving "appropriately." On March 26, in Shalmbot town of Lower Shabelle, unidentified UIC supporters hurled a hand grenade to a cinema house resulting in four persons injured. During the year clan-based militias and militias associated with the former UIC and al-Shabaab temporarily occupied several towns, closing institutions and regulating behavior deemed un-Islamic.
Non-Sunni Muslims often were viewed with suspicion by members of the Sunni majority. Non-Muslims who practiced their religion openly faced societal harassment. Although not legally prohibited, conversion from Islam to another religion was considered socially unacceptable. Those suspected of conversion faced harassment or even death from members of their community.
In April a worshipper was stabbed in a mosque in Somaliland after two groups clashed in a mosque over differences in interpretation of Islamic beliefs.
The small Christian community kept a low profile. There were no public places of worship for non-Muslims in Somalia. Christians, as well as other non-Muslims who proclaim their religion, faced harassment or even death.
There is no known Jewish community in the country, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International Religious Freedom Report atwww.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The TFC and the Puntland Charter provide for freedom of movement within the country; however, this right continued to be restricted in some parts of the country. Checkpoints operated by the TFG, TFG-allied militias, and armed clan factions inhibited passage and exposed travelers to looting, extortion, rape, and harassment, particularly of civilians fleeing conflict. For example, on March 23, militias in Kismayo put local checkpoints within the town, halting local transportation and attacking community elders. According to the UN, checkpoints increased to over 400 in south and central Somalia. In the absence of effective governance institutions, few citizens had the documents needed for international travel
Protection of Refugees
The 1990 constitution and TFC do not include provisions for granting asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, and there was no official system for providing such protection. The authorities provided some protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened, and in practice the authorities granted refugee status or asylum. The UNHCR reported approximately 9,600 refugees and asylum seekers in northern Somalia; other estimates were as high as 1.5 million displaced due to conflict, food shortages, and inflation, which made it impossible to purchase rations. An additional 3.5 million Somalis were in need of humanitarian assistance; however, insecurity in south and central Somalia has limited the access of UN and international aid workers. UN agencies reported that 36 humanitarian workers were killed in Somalia during the year.
Somaliland authorities cooperated with the UNHCR and other humanitarian organizations in assisting refugees and asylum seekers. The UNHCR reported that more than 31,375 Somalis attempted to cross illegally from Somaliland and Puntland, and Djibouti to Yemen during the year, resulting in at least 328 confirmed deaths and another 359 missing and presumed dead.
Somaliland has a constitution and bicameral parliament with proportional clan representation and an elected president and vice president. Somaliland authorities have established functioning administrative institutions in virtually all of the territory they claim, which is the same as the Somaliland state that achieved international recognition briefly in 1960 before entering into a union with the former Italian colony of Somalia. In a 2001 referendum, 97 percent of voters supported Somaliland independence.
In 2006 President of Somaliland Dahir Riyale Kahin postponed elections for the parliament's House of Elders and initiated a process to extend the mandate of the unelected upper house, or Guurti, for four years. On April 10, presidential and local elections scheduled for July and August were again postponed, this time by the Guurti. As in 2006, opposition parties again declared the process illegal. The Guurti decided to extend President Riyale's term in office for an additional year. Subsequent to international mediation the stakeholders agreed to a new electoral timetable and a national voter registration process where each Somaliland citizen would also receive a national ID card. By year's end the registration process had concluded successfully in most of Somaliland's regions. During the year it was reported that presidential elections were scheduled for April 6, 2009, and were to be followed by local elections.
In December 2007 Somaliland opposition figures Mohamed Abdi Gaboose, Mohamed Hashi Elmi, and Jamal Aideed Ibrahim were released from prison after serving three months on charges of founding an illegal organization and creating instability. At year's end the three leader's political rights were not fully restored. They were able to register to vote, but they were not allowed to participate in the electoral process as a candidate for any party.
Somaliland and Puntland continued to contest parts of Sanaag region, as well as the Sool region and the Buhodle district of Togdheer region during the year. Both governments maintained elements of their administrations in the Sanaag and Sool regions, and both governments exerted influence in various communities. During the year there were renewed hostilities in Las Anod, Sool region. On January 13, Puntland militia attacked Somaliland troops stationed near Dhabansaar village, southeast of Las Anod. There were no reports of casualties, but Somaliland forces took an estimated 40 of the Puntland troops prisoner. Tensions between pro-Puntland and pro-Somaliland militias remained high in the Las Anod area. Humanitarian aid agencies reported that approximately 9,000 families (22,000-54,000 persons) were displaced by the fighting. On March 21, Somaliland authorities released 79 prisoners captured in 2007 during fighting between Somaliland and Puntland forces in Las Anod. Somaliland forces remained in control of Las Anod although Puntland forces threatened attack and had reportedly expanded their security presence in the surrounding areas.
There were 31 members of the minority Bantu and Arab ethnic groups in the TFP and only one in the TFG cabinet. There were no members of minority groups in the Somaliland parliament and cabinet. There are 136 distinct sub-clan groups in Puntland, 46 of which are represented in parliament. These are the largest sub-clan groups and each have between one to four representatives in the 66-member body. The other smaller sub-clans do not necessarily consider themselves as "minorities," and most believe they represented within the larger Darod/Harti clan and the parliamentary body.
Government Corruption and Transparency
Official corruption was endemic throughout the country. The law does not provide criminal penalties for official corruption and officials frequently engaged in corrupt practices with impunity. Corruption exists in almost every transaction in Somalia and there is no regulatory or penal framework in place to combat it. This is true even in the provision of humanitarian assistance. The 2008 World Bank Worldwide Governance Indicators reflected that corruption was a severe problem.
There were no laws providing for public access to government information.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
A number of domestic and international human rights groups operated throughout the country investigating and publishing their findings on human rights cases. However, security considerations constrained their ability to operate freely. The Mogadishu-based Dr. Ismael Jumale Human Rights Center (DIJHRC) and Elman Peace and Human Rights Organization, Isha Baidoa Human Rights Organization in the Bay and Bakol regions, KISIMA in Kismayo, and other local human rights groups were active during the year, although less than previously. The DIJHRC investigated the causes of the continuing conflict in the Mogadishu area and conducted human rights monitoring. The Mogadishu-based National Union of Somali Journalists (NUSOJ) continued to advocate for media freedom throughout the country. The Mogadishu-based Center for Research and Dialogue, several women's NGOs, and other civil society organizations also played a role in promoting intraclan dialogue, national reconciliation, and dialogue between the TFG/Ethiopians and elders of the dominant Hawiye clan in Mogadishu.
Somaliland human rights organizations accused authorities of meddling in their internal affairs and fomenting conflict among them.
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