2009 Country Reports on Human Rights Practices:
March 11, 2010
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were some reports that the government or its affiliated militia committed arbitrary or unlawful killings, but fewer than during the prior two years.
Fighting between TFG forces and its allied militias against antigovernment groups resulted in at least 1,000 civilian deaths in the south central region, particularly in Mogadishu. Political killings and assassinations also occurred (see section 1.g.).
Politically motivated killings by antigovernment groups, extremist elements, and terrorist organizations resulted in the deaths of approximately 10 senior TFG officials, fewer than in previous years (see section 1.g.).
Prominent peace activists, clan elders, and their family members became targets and were either killed or injured for their roles in attempted peace-building. There were no reports of government involvement in these killings, but the government neither identified nor was able to punish the perpetrators. Reports indicated that al-Shabaab and its affiliated militias were behind many of these killings. On January 1, al-Shabaab killed Abdullahi Abdi Egal, a National Reconciliation Commission member in Baidoa. He is believed to have been targeted for his role as a commissioner and for his association with the TFG. On March 30, gunmen killed Abdurrahman Mohamud Jimale "Shifti" and two others in Mogadishu. On April 15, unknown gunmen killed Abdullahi Isse Abtidoon, a member of Parliament (MP), in Mogadishu. Both Shifti and Abtidoon were actively involved in peace and reconciliation efforts between the newly reconstituted TFG and opposing extremist groups. On August 16, masked armed men killed Omar Ali Alasow "Fiasco," an aid worker and former army colonel, in Mogadishu. On September 7, assailants killed Ali Ahmed "Irro," a prominent Mogadishu elder and spokesman for the pro-TFG faction of Hawiye elders. Irro was consistently critical of al-Shabaab and allied extremists for their violent activities. Also on September 7, al-Shabaab militia beheaded Ugas Adan Nur Matan "Madobe," a traditional elder in the Bakool Region, for allegedly making telephone contact with a TFG official. On several occasions, al-Shabaab leaders issued death threats against anyone working for or suspected of having links with the TFG. On April 20, gunmen pursued and shot at Ahmed Diriye, a prominent clan elder and spokesperson. Diriye escaped the assassination attempt and blamed al-Shabaab for the attack. As in all previous killings of peace activists, the perpetrators had not been arrested by year's end.
Unlike in previous years, there were no reports that the government summarily executed persons during the year and no reports that excessive force by the TFG resulted in the death of demonstrators.
Use of excessive force by Somaliland government forces resulted in the deaths of demonstrators during the year (see section 2.b.).
There were no reports of government forces deliberately killing street children. Some children were caught in crossfire during fighting between forces.
Throughout the year militants periodically fired mortars at Villa Somalia, the presidential palace in Mogadishu. On February 22, al-Shabaab fired upon peacekeepers, resulting in the death of 11 Burundian soldiers. On July 11, al-Shabaab mortar attacks on Villa Somalia killed three AMISOM peacekeepers. Several other mortar attacks on the president's residence landed in surrounding neighborhoods, causing civilian deaths, injuries, destruction of property, and displacement. Al-Shabaab instigated clashes with the TFG in Mogadishu--these were most intense in May and June, killing an estimated 500 persons and displacing another 250,000 from their homes. In the second half of the year, al-Shabaab launched almost daily attacks on TFG-controlled areas, and local human rights organizations held the group responsible for killings, injuries, torture, and abuse of the civilian population. Resultant AMISOM and TFG counterattacks involving street combat and mortar attacks also caused civilian deaths.
On April 27, a mortar attack on the parliament building in Mogadishu killed a police officer and three school children and wounded several other persons. On May 17, mortar attacks on the police academy killed and wounded civilians in the vicinity. On September 11, groups associated with al-Shabaab launched mortar attacks on a disabled veterans home, killing an estimated 11 and wounding 20; al-Shabaab claimed responsibility.
During the year fighting among armed moderate and extremist religious factions, as well as between extremists, caused hundreds of civilian casualties and displacements. In January, for example, clashes between Ahlu Sunna Wal Jama'a (ASWJ), a historically nonpolitical moderate Islamic organization, and al-Shabaab in Galgadud Region killed an estimated 100 persons and displaced 160,000. On October 1, clashes in Kismayo between al-Shabaab and Hisbul Islam, armed antigovernment groups that had previously been allied against the TFG, killed an estimated 30 persons and wounded 100.
Senior members of the TFG were killed. On March 11, General Ubaid Ali was killed in a roadside explosion in Mogadishu's Shibis District. General Ali served as head of security for two former prime ministers. Two of Ali's security guards and his brother, riding with him, also were killed.
On June 18, al-Shabaab claimed responsibility for a suicide car bomb explosion at a Beledweyne (Hiraan Region) hotel. The explosion, which destroyed the hotel, killed an estimated 40 persons and wounded 100. Among those killed were prominent TFG political and security officials, including Minister of National Security Omar Hashi, clan elders, and community leaders.
On December 3, a suicide bombing of Benadir University's graduation ceremony at Hotel Shamow in Mogadishu killed 22 persons, including three TFG ministers. Minister of Health Qamar Aden Ali, Minister of Education Ahmed Abdullahi Sheikh Mohamed "Wayel," and Minister of Culture and Higher Education Ibrahim Hassan Addow were killed along with graduating medical students, professors, journalists covering the event, and graduates' family members. The explosion also wounded more than 60 persons.
During the year Puntland officials were also killed. On April 26, gunmen killed Yasin Said Hussein, governor of Puntland's Karkaar Region, while he was on a mission to mediate between two warring subclans. On April 29, the Puntland Intelligence Service chief in Mudug Region was killed by a roadside bomb in Gaalkacyo Town. On August 5, unidentified gunmen killed Puntland Minister of Information Warsame Abdi Shirwa when they opened fire on his car in Galkayo. The minister was part of a team preceding the Puntland president's planned trip to address residents on security issues.
Other TFG officials were injured. Minister of the Interior Abdikadir Ali Omar was wounded in a roadside bomb explosion near Bakara market; also his assistant was killed and one of his guards was wounded.
Islamic extremists trying to impose strict social edicts killed several persons.
During the year unknown assailants killed several prominent persons.
During the year unknown assailants killed two journalists and media owners (see section 2.a.).
Attacks on humanitarian workers, NGO employees, and foreign peacekeepers resulted in deaths during the year (see section 5).
During the year hundreds of civilians were killed in inter- or intraclan militia clashes. The killings resulted from clan militias fighting for political power and control of territory and resources, revenge attacks, banditry and other criminal activities, private disputes over property and marriage, and vendettas after such incidents as rapes, family disagreements, killings, and abductions. With the breakdown of law and order, authorities investigated very few of these cases, and there were few reports that any of the cases resulted in formal action by the local justice system.
Tension remained high in Galkayo with intermittent gunfights between clan militias. After a July 20 clash in Galkayo, several prominent persons were killed in retribution attacks.
Between July and September, intraclan conflict in Harar Dhere, Mudug Region, resulted in the deaths of an estimated 20 persons and injuries to numerous others. On August 5, intraclan fighting killed five persons; on September 6, six others were killed in the same area. These deaths followed the collapse of clan elders' conflict mediation efforts. During the year recurrent intraclan conflicts caused several deaths along the border of Hiraan and Middle Shabelle regions.
On August 12, a land- and water-related dispute between two subclans in Ufweyn and Qandala districts of Puntland's Bari Region resulted in the killing of five persons and wounding of several others. The dispute further escalated, killing an estimated 40 persons and wounding several others during the year. In late September President Farole visited the areas of conflict to bolster conflict mediation efforts by local political and traditional leadership. On October 21, a delegation of Puntland elders and government officials led by President Farole returned to Ufweyn with a set of binding resolutions for all parties to the conflict.
In April five persons were killed in disputes over the El-Berdaale farming land in Gabiley, Somaliland. More than 100 clan elders went to Kalabeyd, used traditional mediation strategies, and brokered a ceasefire. In a related incident on July 11, unidentified militia members stopped travelers along the Borame-Gabiley road; they took 10 hostages and summarily executed four of them. Somaliland authorities did not make any arrests in connection with the killings. Clan elders sought to capture and hand over the suspects to police.
No action was taken against members of the security forces or militias who committed killings in 2008 or 2007, and there was no progress in the investigations of killings reported in previous years.
Land mines throughout the country caused numerous civilian deaths (see section 1.g.).
b. Disappearance
There were no reports of politically motivated disappearances, although cases could easily be concealed due to continuing chaos in the country. Abduction as a tactic in clan disputes or to attain political ends was less frequent. The Somali NGO Safety Preparedness and Support Program reported a decreased incidence of kidnapping, in part because of fewer international staff in the country.
During the year there was a decrease in kidnappings by militia groups and armed assailants who demanded ransom for hostages. The majority of reported kidnappings were in the southern regions, especially in areas surrounding Mogadishu, where ransoms allegedly funded purchases of weapons and ammunition. Seven aid workers and NGO workers were kidnapped during the year (see section 5).
Maritime piracy and the kidnapping of crews declined in the first half of the year in the Gulf of Aden as a result of international antipiracy efforts and seasonal winds that reduced all offshore maritime traffic; however, piracy increased in the second half of the year and continued to complicate humanitarian efforts to provide essential commodities to thousands of IDPs (see section 1.g.).
During the year there were no investigations or actions taken against the perpetrators of any kidnappings. Several persons who were abducted in 2008 were released. On January 15, kidnappers released Abdifatah Mohamed Elmi, a local journalist kidnapped with two foreign journalists in August 2008 along the Mogadishu-Afgoye road; the two foreign journalists were freed on November 25. On August 12, captors freed six international aid workers kidnapped in November 2008 in Dhusamarebb, Galgadud Region. On October 3, kidnappers released three international aid workers kidnapped on July 18 from the Kenyan border town of Mandera and held in undisclosed locations in Somalia.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The Transitional Federal Charter (TFC) prohibits torture. The Puntland Charter prohibits torture "unless sentenced by Islamic Shari'a courts in accordance with Islamic law." Unlike in previous years, there were no reports of the use of torture by the TFG, Puntland, or Somaliland administrations. Various clan militias and al-Shabaab continued to torture their rivals and civilians. Observers believed that many incidents of torture were not reported.
Unlike in previous years, there were no reports of persons assembled at food distribution centers being killed or injured.
Unlike in previous years, there were no reports of police raping women; however, there continued to be reports of militias using rape to punish and intimidate rivals. Rape was commonly perpetrated in interclan conflicts.
There were no reports of action taken against TFG and Somaliland government forces, warlord supporters, or members of militias responsible for torturing, beating, raping, or otherwise abusing persons in 2008 or 2007. Unlike in previous years, Puntland police took action against a police officer for abuse. On August 26, in Garsor District of Mudug Region, local authorities arrested a police officer for using excessive force that resulted in the death of a businessman who refused to pay his license tax. Similarly, on September 27, police in Bossasso arrested a police officer who was implicated in the death of a civilian.
Read Part-3
http://samotalis.blogspot.com/2010/03/somalia-and-somaliland-2009-country_747.html
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