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http://samotalis.blogspot.com/2010/03/somalia-and-somaliland-2009-country_747.html
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 areas. Security force use of excessive force to disperse demonstrators resulted in numerous deaths and injuries.
On several occasions Somaliland security personnel prevented opposition political parties from meeting with supporters and from holding public rallies. For example, on April 6, Somaliland police prevented opposition supporters from holding peaceful processions to commemorate Somalia National Movement Day. Police fired in the air and would not allow party leaders to address their supporters. Security agents often prevented opposition parties from organizing public gatherings and demonstrations.
On September 12, Somaliland security forces used excessive force when they killed four demonstrators and wounded many others during a peaceful protest in front of the parliament. Police and military personnel shot in the air to disperse hundreds of demonstrators, mostly youth, gathered to press authorities to reopen parliament. Police also arrested more than 100 persons in the incident. On September 13, the Somaliland Regional Security Committee (RSC) sentenced without due process 40 of those arrested to six months in prison. At years' end most of these persons were still detained. In its July report on Somaliland, Human Rights Watch accused the RSC of perpetrating gross human rights violations, stating the RSC routinely incarcerated persons, including juveniles, without any pretense of respecting the due process provided for in Somaliland's constitution.
There were no updates on the April and May 2008 killings of demonstrators in Somaliland and Mogadishu, respectively, and neither the TFG nor the Somaliland administration took action to punish the police perpetrators.
Unlike in previous years, there were no reports of use of excessive force by security forces in the south and central regions against persons assembled at food distribution centers.
Freedom of Association
The TFC provides for freedom of association, and unlike in previous years, there were no reports that the TFG restricted freedom of association.
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 remained 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 in a general election are allowed to function. There were three approved political parties.
c. Freedom of Religion
Although 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.
On May 10, the TFG ratified legislation to implement Shari'a nationwide. In practice the TFG does not have the capacity or mechanisms to implement the legislation uniformly.
Militia groups, particularly those associated with al-Shabaab, often imposed a strict interpretation of Islam on communities under their control. There were reports that individuals who did not practice Islam in line with al-Shabaab's interpretation were discriminated against, and several 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 constitutions and Charters governing the various regions provide the right to study and discuss the religion of one's choice; however, in practice freedom of worship for non-Muslims was respected only for non-Somalis. Conversion from Islam is not allowed in any of the three regions. The TFG and the Somaliland and Puntland administrations did not have the capacity to enforce freedom of worship. The number of adherents of strains of conservative Islam and 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 in public religious expression. 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; such permission was granted routinely to schools and mosques espousing Shafi'iyyah.
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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 areas. Security force use of excessive force to disperse demonstrators resulted in numerous deaths and injuries.
On several occasions Somaliland security personnel prevented opposition political parties from meeting with supporters and from holding public rallies. For example, on April 6, Somaliland police prevented opposition supporters from holding peaceful processions to commemorate Somalia National Movement Day. Police fired in the air and would not allow party leaders to address their supporters. Security agents often prevented opposition parties from organizing public gatherings and demonstrations.
On September 12, Somaliland security forces used excessive force when they killed four demonstrators and wounded many others during a peaceful protest in front of the parliament. Police and military personnel shot in the air to disperse hundreds of demonstrators, mostly youth, gathered to press authorities to reopen parliament. Police also arrested more than 100 persons in the incident. On September 13, the Somaliland Regional Security Committee (RSC) sentenced without due process 40 of those arrested to six months in prison. At years' end most of these persons were still detained. In its July report on Somaliland, Human Rights Watch accused the RSC of perpetrating gross human rights violations, stating the RSC routinely incarcerated persons, including juveniles, without any pretense of respecting the due process provided for in Somaliland's constitution.
There were no updates on the April and May 2008 killings of demonstrators in Somaliland and Mogadishu, respectively, and neither the TFG nor the Somaliland administration took action to punish the police perpetrators.
Unlike in previous years, there were no reports of use of excessive force by security forces in the south and central regions against persons assembled at food distribution centers.
Freedom of Association
The TFC provides for freedom of association, and unlike in previous years, there were no reports that the TFG restricted freedom of association.
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 remained 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 in a general election are allowed to function. There were three approved political parties.
c. Freedom of Religion
Although 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.
On May 10, the TFG ratified legislation to implement Shari'a nationwide. In practice the TFG does not have the capacity or mechanisms to implement the legislation uniformly.
Militia groups, particularly those associated with al-Shabaab, often imposed a strict interpretation of Islam on communities under their control. There were reports that individuals who did not practice Islam in line with al-Shabaab's interpretation were discriminated against, and several 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 constitutions and Charters governing the various regions provide the right to study and discuss the religion of one's choice; however, in practice freedom of worship for non-Muslims was respected only for non-Somalis. Conversion from Islam is not allowed in any of the three regions. The TFG and the Somaliland and Puntland administrations did not have the capacity to enforce freedom of worship. The number of adherents of strains of conservative Islam and 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 in public religious expression. 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; such permission was granted routinely to schools and mosques espousing Shafi'iyyah.
In Somaliland religious schools and places of worship must obtain the Ministry of Religion's permission to operate. Proselytizing for any religion except Islam is prohibited in Puntland and Somaliland and effectively blocked by informal social consensus elsewhere. Apart from restrictions imposed by the security situation, Christian-based international relief organizations generally operated freely as long as they refrained from proselytizing; however, there were reports that a few Somalis who converted to Christianity were killed by al-Shabaab and allied extremist groups during the year.
Societal Abuses, Discrimination, and Acts of Violence Based on Sexual Orientation and Gender Identity
Sexual orientation is considered a taboo topic, and there is no public discussion of this issue in any region of the country. There were no reports of societal violence or discrimination based on sexual orientation.
Other Societal Violence or Discrimination
Persons with HIV/AIDS continued to face discrimination and abuse in their local communities, and by employers in all parts of the country. UNICEF reported that persons with HIV/AIDS were subjected to physical abuse, rejected by their families, and subjected to workplace discrimination and dismissal. Children with HIV-positive parent(s)) also suffered discrimination, which hindered prevention efforts and access to services.
Section 7 Worker Rights
a. The Right of Association
The 1960 constitution allows workers to form and join unions, and the TFG respected this right; however, due to the civil war and clan fighting, the only partially functioning labor union in the country was the journalist association NUSOJ. Other unions existed in name but engaged in no activities during the year. The Puntland Charter and the Somaliland constitution also protect workers' freedom of association; however, labor laws were not enforced in the country, resulting in an absence of effective protection for workers' rights.
The Somaliland Trade Union Organization (SOLTUO), formed in 2004, claimed to have 26,000 members representing 21 individual unions. SOLTUO claimed to be democratic and independent, but there were no activities undertaken by the SOLTUO during the year.
The TFC allows unions to conduct their activities without interference and grants workers the right to strike. In practice there were no reports of workers attempting to strike.
b. The Right to Organize and Bargain Collectively
Collective bargaining is protected by laws in Somalia, Somaliland, and Puntland, but they are generally not enforced.
Wages and work conditions in the traditional culture were established largely on the basis of ad hoc arrangements based on supply, demand, and the influence of the worker's clan.
The TFC allows unions to conduct their activities without interference and grants workers the right to strike. There were no reports of antiunion discrimination.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The pre-1991 penal code and the TFC prohibit forced or compulsory labor, including by children; however, there were reports that such practices occurred. It could not be confirmed whether, as had been reported in 2005, local clan militias or other armed militia forced members of minority groups to work on banana plantations without compensation. It also could not be confirmed if in Middle and Lower Juba and Lower Shabelle, Bantus were used as forced labor, as in previous years.
d. Prohibition of Child Labor and Minimum Age for Employment
The pre-1991 labor code and the TFC prohibit child labor; however, child labor was widespread.
The recruiting and use of child soldiers was a problem (see section 1.g.). Young persons commonly were employed in herding, agriculture, and household labor from an early age. Children broke rocks into gravel and worked as vendors of cigarettes and khat on the streets. UNICEF estimated that from 1999 to 2005, 36 percent of children between the ages of five and 14 were in the workforce--31 percent of males and 41 percent of females. The actual percentage of working children was believed to be higher. The lack of educational opportunities and severely depressed economic conditions contributed to the prevalence of child labor.
In Somalia the Ministries of Labor and Social Affairs and Gender and Family Affairs were responsible for enforcing child labor laws. In Somaliland it was the Ministry of Family and Social Development, and in Puntland it was the Ministry of Labor, Youth and Sports. In practice none of these ministries enforced these laws.
e. Acceptable Conditions for Work
Although the TFC and the Somaliland constitution both include provisions for acceptable working conditions, there was no organized effort by any of the factions or de facto regional administrations to monitor acceptable conditions of work during the year. There is no national minimum wage. There was no information on the existence or status of foreign of migrant workers in the country. With an estimated 43 percent of the population earning less than 40,000 Somali shillings (less than $1) per day, there was no mechanism to attain a decent standard of living for workers and their families. During the year high inflation, continued insecurity, and other factors significantly decreased the standard of living in all areas of the country. By year's end 3.5 million Somalis required emergency humanitarian assistance.
*The United States does not have diplomatic representation in Somalia, and U.S. government personnel were not permitted to travel regularly into any of the territory of the former state of Somalia during the year. This report draws in large part on non-U.S. government sources.
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