SOMALIA AND SOMALILAND PART-3.
Prison and Detention Center Conditions
Prison conditions remained harsh and life threatening in all regions. Overcrowding, poor sanitary conditions, lack of access to health care, and inadequate food and water persisted in prisons throughout the country. Tuberculosis, HIV/AIDS, and pneumonia were widespread. Abuse by guards was common. Detainees' families and clans generally were expected to pay the costs of detention. In many areas prisoners depended on food received from family members or from relief agencies.
According to Mogadishu-based human rights organizations, TFG prison conditions improved and wardens were generally responsive on human rights problems. There were far fewer prisoners and detainees held in TFG prisons than in previous years. There were an estimated 400 prisoners held at Mogadishu central prison, the only TFG-operated prison during the year. The reduction in the number of TFG prisoners was largely due to a reconciliation policy that did not emphasize arrests and a lack of capacity to detain those who sought to undermine or attack the government. United Nations Development Program (UNDP) Somalia supported local partners to institute judicial and rule of law reforms. Through such initiatives as the UNDP-supported Police Advisory Committee, authorities released more than 5,000 prisoners in the previous two years.
Unlike in previous years, there were no reports of TFG-allied militias operating detention centers. Antigovernment groups, extremist elements, and clan leaders reportedly continued to operate detention centers in which conditions were harsh and guards frequently abused detainees. Al-Shabaab and affiliated extremist armed groups operated dilapidated detention centers in areas under their control in the south and central regions. Thousands of prisoners were incarcerated in inhumane conditions for relatively minor offenses such as smoking, listening to music, and not wearing the hijab. For example, on July 19, al-Shabaab in Baidoa jailed 20 women for disobeying the decree requiring them to wear the hijab. In October al-Shabaab flogged women in Mogadishu for not wearing the hijab, and on October 25 arrested 20 women and detained them in Bakara market. The women were released after three days, some after paying a fine of 600,000 Somali shillings ($15). Unlike in previous years, there were no reports by human rights organizations and civil society leaders in Mogadishu of the existence of makeshift detention centers in Mogadishu where prisoners were held during and after episodes of heavy fighting.
In prisons and detention centers, juveniles frequently were held with adults. The incarceration of juveniles at the request of families who wanted their children disciplined continued to be a major problem. Female prisoners were separated from males. Particularly in the south central region, pretrial detainees were often not separated from convicted prisoners.
The Puntland and Somaliland administrations permitted prison visits by independent monitors. The September 17 UNIE report described conditions at Puntland's Garowe central prison as "terribly bad." According to UNIE, this was due to lack of capacity to hold large numbers of prisoners rather than intentional abuse. A project of Somaliland and the UNDP resulted in the formation of an independent prisoner monitoring committee. The UNDP also extensively trained the prison custodial corps on a variety of human rights problems. There were no visits by the International Committee of the Red Cross to prisons in Somaliland or in the rest of the country during the year; however, a prisons conditions management committee organized by the UNDP and composed of medical doctors, government officials, and civil society representatives continued to visit prisons in Somaliland. During the year the UNDP managed a program to improve Somaliland prisons by building new facilities and assisting in training wardens and judicial officials.
d. Arbitrary Arrest or Detention
In the absence of enforced constitutional or other legal protections, the TFG, militias allied with it, and various clan militias across the country continued to engage in arbitrary arrest and detention, and there was no system of due process. Although precise figures were unobtainable, local human rights organizations and international organizations reported that, although there were fewer arrests than the previous year, the TFG continued to arrest and detain persons, most of whom were quickly released; however, there were allegations that detainees were subjected to beatings, other mistreatment, and torture. Reports by NGOs and other international organizations indicated that mistreatment continued during the year.
Al-Shabaab militias across the south central region arbitrarily arrested persons and detained them without charge.
Role of the Police and Security Apparatus
The police were generally ineffective, underpaid, and corrupt. With the possible exception of approximately 2,000 UN-trained police known as the Somali Police Unit, members of the TFG titular police forces in Mogadishu often directly participated in politically based conflict and owed their positions largely to clan and familial links to government authorities. There were fewer allegations that TFG security officials were responsible for extrajudicial killings, indiscriminate firing on civilians, arbitrary arrest and detention, extortion, looting, and harassment than in the previous two years.
In Somaliland an estimated 60 percent of the budget was allocated to maintaining a militia and police force composed of former soldiers. Abuses by police and militia members were rarely investigated, and impunity remained a problem. Police generally failed to prevent or respond to societal violence.
The Puntland police force was not paid on a regular basis. Puntland's armed militia was not aligned with the TFG armed forces, although the TFG prime minister and the Puntland president began negotiations for collaboration in the security sector and over the formation of a coordinated Somali National Army.
Arrest and Detention
Judicial systems were not well established, were not based upon codified law, did not function, or simply did not exist in most areas of the country. The country's previously codified law requires warrants based on sufficient evidence issued by authorized officials for the apprehension of suspects; prompt notification of charges and judicial determinations; prompt access to lawyers and family members; and other legal protections for the detained; however, adherence to these procedural safeguards was rare. There was no functioning bail system or the equivalent.
Arbitrary arrest was a problem countrywide.
During the year authorities in Somaliland and Puntland arbitrarily arrested journalists during the year (see section 2.a.); however, unlike in previous years, TFG forces did not arrest journalists, NGO workers, or UN employees (see section 4.).
Unlike in previous years, there were no reports of TFG-allied militia arresting persons at random and demanding "bail" from their family members as a condition for their release.
There were no reports of TFG police detaining persons without charge.
There were reports of politically motivated arrests in Somaliland. On April 4, Somaliland police arrested two Hargeisa mosque imams, Sheikh Ahmed Dayib Aden and Sheikh Abdullahi Mohamud. Police arrested Aden after morning prayers for comments made in Friday sermons about the upcoming presidential election. Somaliland authorities did not offer specific reasons for the arrests, and on April6, both clerics were released without charge. On April 14, Somaliland police arrested clan elder Boqor Saleban Hassan for attending a rally organized by an opposition group on the previous day. On August 20, the opposition party UCID and KULMIYE Borame District party chairmen were arrested for allegedly fomenting insecurity by organizing unauthorized demonstrations. On August 21, the two leaders were released without charge. There were reports that arrested persons were sometimes held for extended periods while awaiting trial. Militias and factions held pretrial detainees without charge and for lengthy periods.
Authorities in the country arrested or detained numerous persons accused of terrorism and support for al-Shabaab.
Al-Shabaab and other extremist elements arrested and detained persons. For example, on March 26, al-Shabaab militia in Baidoa violently dispersed local residents during a peaceful demonstration against al-Shabaab's March 24 orders banning trade in and consumption of khat. Al-Shabaab forces arrested approximately 50 persons, mostly women, during and after the demonstrations.
On April 9, one person was killed and three others wounded after al-Shabaab opened fire on khat traders in Dinsor town, Bakol Region. On May 18, al-Shabaab Merka and Bardhere administrations banned youth from playing soccer. On May 19, following the ban, armed al-Shabaab militia arrested several young persons playing soccer at the main field in Merka. The youth were released after 12 hours with warnings not to play games again. This ban followed an earlier edict banning movies and watching soccer games on television. On June 13, the al-Shabaab administration in Kismayo outlawed watching movies on DVDs, television, and even storing pictures on cell phones. Al-Shabaab issued a stern warning that it would raid the homes of persons suspected of violating the ban. On August 16, al-Shabaab militias arrested and flogged a young man for allegedly storing "obscene" pictures on his cell phone.
On July 19, the Hisbul Islam administration in Afgoye, Lower Shabelle, arrested nine prominent traditional elders. The elders' arrest was linked to their involvement in holding "Istun," a traditional ceremony popular with the local community. Earlier the Hisbul Islam administration banned the tradition and warned that anyone contravening the ban would be punished. The elders were released on July 20, after being held overnight in prisons in Afgoye.
e. Denial of Fair Public Trial
The TFC provides for an independent judiciary, but there was no functioning judicial system for the TFG to administer. The TFC outlines a five-year transitional process that includes the drafting of a new constitution to replace the 1960 constitution that was in force prior to the 1991 collapse of the Barre regime; however, for many issues not addressed in the Charter, the former constitution still applies in principle.
The TFC provides for a high commission of justice, a Supreme Court, a court of appeal, and courts of first instance; however, in practice no such courts existed. Some regions established local courts that depended on the predominant local clan and associated factions for their authority. The judiciary in most areas relied on some combination of elements from traditional and customary law, Shari'a, and the penal code of the pre-1991 government. On May 13, President Sharif ratified a parliamentary bill establishing Shari'a nationwide; however, by year's end there were no official institutions charged with the administration of Shari'a. On August 5, President Sharif established a military court for members of the TFG armed forces, but this court did not operate in practice. In areas that al-Shabaab controlled, Shari'a was applied; however, there were no trained Shari'a judges to preside over cases, resulting in uneven and at times draconian sentencing. For example, on January 28, in Kismayo, a man's hand was amputated for stealing three sacks of fishing nets. On March 9, four male youths ages 15-18 were sentenced to death for raping an 18-year-old girl. Their sentences were commuted to a public flogging of 100 lashes each, since none of the boys had been previously married.
The Somaliland constitution provides for an independent judiciary; however, the judiciary was not independent in practice. The Somaliland constitution is based on democratic principles, but the region continued to use laws that predate the constitution, some of which contradict democratic principles. Functional courts exist, although there was a serious lack of trained judges and a shortage of legal documentation to build judicial precedence. Untrained police and other unqualified persons reportedly served as judges. International NGOs reported that local officials often interfered in legal matters and that the Public Order Law in Somaliland was often used to detain and incarcerate persons without trial.
The Puntland Charter provides for an independent judiciary; however, the judiciary was not independent in practice. The Charter also provides for a Supreme Court, courts of appeal, and courts of first instance. These courts functioned, although they lacked the capacity to provide equal protection under the law.
Traditional clan elders mediated in and resolved intra- and interclan conflicts throughout the country. During the year, in Somaliland traditional elders intervened during political disputes between the government and opposition political parties. Clans and subclans frequently used traditional justice, which was swift. Traditional judgments sometimes held entire opposing clans or subclans responsible for alleged violations by individuals.
Trial Procedures
Without a functioning judicial system, there were no standard trial procedures in the southern and central regions. The TFC provides for the right of every person to legal proceedings in a competent court. The TFC states every person enjoys the presumption of innocence, the right to be present and consult with an attorney at any time, and adequate time and facilities to prepare a defense. The TFC provides a guarantee of free legal services for individuals who cannot afford them. While not explicitly mentioned in the TFC, there was a presumption of the right to a public trial and jury, rights pertaining to witnesses and evidence, and the right of appeal. Most of these rights were not respected in practice and did not exist in those areas that applied traditional and customary practices or Shari'a.
With the support of UNDP programs addressing judicial reform, Somaliland registered some improvement, except in cases of a political nature. Defendants generally enjoy a presumption of innocence, the right to a public trial, and the right to be present and consult with an attorney in all stages of criminal proceedings. Defendants can question witnesses and present witnesses and evidence on their behalf and have the right of appeal. Somaliland provides free legal representation for defendants who face serious criminal charges but are unable to hire the services of private attorney. Authorities in this region did not recognize the TFC and continued to apply the Somaliland constitution and pre-1991 laws.
In Puntland, as in most other areas, clan elders resolved the majority of cases using traditional methods; those with no clan representation in Puntland, however, were subject to the administration's judicial system. In this system, as outlined in Puntland's constitution, defendants enjoy a presumption of innocence, the right to a public trial, and the right to be present and consult with an attorney at all stages of criminal proceedings. Defendants can question witnesses and present witnesses and evidence on their behalf and have the right of appeal. As in the other regions, the constitution states that free legal representation is provided for defendants who cannot afford an attorney; in practice these rights were not respected.
Political Prisoners and Detainees
There were no official reports of political prisoners or detainees, although some arrests and detentions, especially in Somaliland, appeared to be politically motivated. On September 12 and 13, there were reports that Somaliland authorities arrested and detained more than 100 persons, including several opposition leaders, after four persons were killed during the September 12 public demonstration in Hargeisa.
Civil Judicial Procedures and Remedies
The inability of the judiciary to handle civil cases involving such matters as defaulted loans or contract disputes encouraged clans to take matters into their own hands and led to increased interclan conflict. There were no lawsuits seeking damages for, or cessation of, a human rights violation. With the breakdown of the rule of law and the lack of a coherent legal system or effective government, individuals were not afforded adequate protection or recourse.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The TFC provides for the sanctity of private property and privacy; however, looting, land seizure, and forced entry into homes continued in Mogadishu and elsewhere with impunity. The Puntland Charter and the Somaliland constitution recognize the right to private property; the authorities did not generally respect this right in practice.
On July 7, TFG-allied militia looted and forcefully extorted money from small-scale traders in Mogadishu's Wadjir District.
During the year there were fewer cases of TFG forces extorting money from taxi, bus, and truck drivers transporting goods; however, on June 8, TFG soldiers at a checkpoint near Afgoye killed a driver after he did not pay the checkpoint fee they demanded.
g. Use of Excessive Force and Other Abuses in Internal Conflicts
Killings
Fighting during the year between TFG and allied forces against al-Shabaab and Hisbul Islam in south central regions resulted in the deaths of at least 1,000 persons, according to the Somalia-based Elman Human Rights Organization. An estimated 3,500 others were injured, and the UN High Commissioner for Refugees (UNHCR) reported that more than one million civilians were displaced, some for the first time and others after several earlier occurrences, as a result of conflict during the year. All parties to the conflict employed indiscriminate lethal tactics. Antigovernment and extremist groups, particularly al-Shabaab, were responsible for launching mortar attacks from hidden sites within civilian populated areas and using civilians as human shields. In addition, such groups conducted suicide bombings, used land mines and remote controlled roadside bombs, and conducted targeted killings of journalists, aid workers, and civil society leaders. Al-Shabaab conducted almost daily attacks against the TFG and AMISOM, resulting in significant civilian casualties. TFG and AMISOM forces responded to these attacks, which sometimes resulted in shelling of civilian populated areas. The international NGO Human Rights Watch accused all parties to the conflict of indiscriminate attacks, deployment of forces in densely populated areas, and a failure to take steps to minimize civilian harm. As a result homes, hospitals, schools, mosques, and other infrastructure were destroyed in Mogadishu. Since the collapse of the government in 1991, tens of thousands of persons, mostly noncombatants, have died in interclan and intraclan fighting. No action was generally taken against those responsible for the violence.
For example, on January 12, armed opposition groups launched an attack against TFG troops in Mogadishu. As a result, 12 civilians were killed and more than 30 wounded. Similarly on January 14, al-Shabaab launched an attack on the presidential palace resulting in 21 civilians killed and 30 injured.
On January 26, four civilians were killed and 10 wounded in an exchange of gunfire in Baidoa as al-Shabaab forces tried to take control of the town.
On January 16, in Waberi District, Banadir Region, TFG forces attacked civilians, resulting in nine deaths. On June 17, in Mogadishu, armed opposition groups and the TFG exchanged mortar rounds, resulting in the death of 15 and injuries to 32 civilians. On October 22, mortar exchanges between TFG forces, supported by AMISOM, and al-Shabaab in Mogadishu's Howlwadag and Hodan districts killed an estimated 30 civilians and wounded 70. AMISOM and TFG forces were responding to al-Shabaab mortar attacks on the airport during the departure of President Sharif and his delegation.
Al-Shabaab and other extremist groups summarily executed an unknown number of persons, whom they accused of spying for the "enemy"--the TFG and AMISOM--in Mogadishu, Bay, Bakol, the Lower and Middle Jubas, the Lower and Middle Shabelles, and the Galgadud and Hiiraan regions. On January 16, al-Shabaab publicly executed by firing squad Abdirahaman Haji Mohamed "Waldire" after an al-Shabaab court convicted him of espionage and apostasy. Ahmed was a prominent Juba region politician and militia leader. He was arrested on January 5. On September 28, al-Shabaab publicly executed two young men in Mogadishu after an al-Shabaab court found them guilty of espionage. Similarly, extremist armed groups in the Jubas, Bay, and Bakol regions arrested and beheaded several persons they accused of spying. On March 19, al-Shabaab militia beheaded two ASWJ clerics in Balad, Middle Shabelle.
In July al-Shabaab from Bay and Bakol regions beheaded an elderly disabled man after removing his eyes. Al-Shabaab reportedly fitted the man's spectacles on his dismembered head and displayed it in the open. On December 14, Hisbul Islam militia in Afgoe, Lower Shabelle, executed a man accused of committing adultery. The man was buried waist-deep and pelted with stones until he died. Militia leaders rounded up members of the community to witness the punishment.
Roadside bombings, suicide attacks, and armed raids targeting TFG officials and sympathizers as well as civil society groups continued throughout the year. Antigovernment and extremist groups were responsible for numerous killings of government officials and police. Politically motivated killings by al-Shabaab and its affiliates resulted in the deaths of several TFG officials and members of the Banadir regional administration, including district commissioners and their deputies, and security and court officials.
For example, on April 16, al-Shabaab militia reportedly killed Sharif Mohamud Hassan "Kariye," a TFG-allied militia commander, in Hodan District when they opened fire on his vehicle, also killing two other persons accompanying him. On April 23, Abdi Mohamud "Dhabaney," Hodan district commissioner, escaped unhurt after a landmine attack that blew up his car and wounded three others. On June 17, militia associated with al-Shabaab killed Colonel Ali Said, Banadir region police commander, during fighting between TFG troops and al-Shabaab in Mogadishu. On September 26, Mohamed Nur, TFG deputy police commissioner, died from injuries sustained during a September 17 suicide attack against AMISOM headquarters in Mogadishu. None of the assailants were identified by year's end. Al-Shabaab claimed responsibility for several attacks against the TFG and its supporters during the year.
During attacks on TFG troop positions in Mogadishu and elsewhere, al-Shabaab summarily executed security officers. For example, on June 16, al-Shabaab extremist militia elements attacked TFG troops positioned in Galgalato, a village on the outskirts of eastern Mogadishu, and summarily executed by decapitation nine TFG soldiers.
There were no reported cases of TFG security forces killing civilians whom they suspected of planning attacks or giving information to antigovernment forces, as was common in previous years; however, several civilians were killed or injured during clashes between members of TFG's security forces and affiliated militia in parts of Mogadishu. For example, on July 30, two civilians were killed and five wounded when they were caught in a cross fire during clashes among TFG police officers at Zobe in the KM5 area of Mogadishu. On August 3, six persons, including two TFG soldiers, were killed when TFG-affiliated security forces exchanged fire at KM4 in Mogadishu. On August 12, several civilians were killed during clashes between two TFG armed militia groups affiliated with the police and regional security. These clashes reportedly occurred when security forces intervened to prevent their colleagues from engaging in criminal activities such as looting and extortion.
Unlike in previous years, during the year security forces did not kill persons waiting for food aid.
No action was taken against security officials responsible for civilian deaths during the year.
During the year attacks on Ugandan and Burundian troops participating in AMISOM increased. Al-Shabaab killed nearly 120 persons and injured 200, mostly civilians, in eight suicide car bomb attacks against TFG and AMISOM targets during the year.
For example, on January 24, a suicide car bomb explosion targeted an AMISOM convoy near its Mogadishu base at Maka-al-Mukarama road and reportedly killed at least 16 persons and wounded approximately 40. Among the casualties were 13 passengers in a bus near the explosion site. An ensuing gunfight between AMISOM and armed gunmen reportedly caused most of the injuries. On February 22, another suicide car bomb attack inside the AMISOM base killed 11 and wounded 19 peacekeepers. On April 24, a suicide car explosion killed 10, including six TFG police officers outside the police academy in Mogadishu. Police guards at the entrance detonated a suspicious car before it could enter the police training school compound, averting more casualties.
On September 17, al-Shabaab suicide bombers killed 21 persons, including a dozen AMISOM peacekeepers, and wounded several others. Five suicide bombers in two cars laden with explosives drove past security guards at AMISOM headquarters and detonated inside the compound. The December 3 suicide bombing at the Benadir University graduation was the deadliest suicide attack. It killed 22 civilians, including three TFG ministers, and wounded as many as 50 other civilians.
Land mines throughout the country resulted in human and livestock casualties, denial of access to grazing and arable land, and road closures. The UN Children's Fund (UNICEF) reported a continued proliferation of mines and ordnance during the year, resulting in numerous deaths and injuries from land mines. Antipersonnel and antivehicle land mines, most of them remotely controlled, were frequently deployed by antigovernment groups against TFG forces, its allied militia, and civilians.
For example, on January 2, in Hodan District, Banadir Region, a land mine exploded, killing seven civilians.
On January 9, a land mine killed four civilians in Mogadishu. Ahmed Abdullahi Magan, the TFG's Garbaharrey district commissioner, was killed in a landmine explosion along Bulla Hawa-Garbaharrey road, as were three other officials in the same car. On March 15, Ahmed Hassan "Da'I," Wadajir district commissioner, was wounded by a targeted remote-controlled land mine near Mogadishu's international airport. The explosion killed Hassan's driver and wounded two of his security guards. On June 1, a roadside explosion against a TFG police car killed six police officers and wounded three civilian passersby. On June 7, a roadside explosion blew up a civilian car in KM4, killing three occupants and wounding three after missing its target, a TFG police car.
Attacks on and harassment of humanitarian, religious, and NGO workers resulted in numerous deaths.
Numerous children were killed while playing with unexploded ordnance (UXO). For example, on February 24, a UXO killed two children and wounded three from the same family in Biya Adde, Middle Shabelle. On July 8, a UXO killed two children in Ganjaroon village, Lower Juba. On June 14, a land mine killed at least one child and wounded five in Dharkenley District, Mogadishu.
Police officers and local administrators also were killed by land mines. For example, on June 1, a remote-controlled roadside bomb struck a TFG police car and killed six officers on board and wounded three civilian passersby. On June 30, al-Shabaab claimed responsibility for a landmine explosion targeting a TFG vehicle in Waberi District in which five TFG troops on board were killed. On November 1, a remote-controlled roadside bomb killed Osman Yusuf Nur, Somaliland's Sool Region military commander. The explosion wounded two military personnel and two civilians. Somaliland security arrested five persons who remained in custody at year's end.
Physical Abuse, Punishment, and Torture
On June 25, al-Shabaab insurgents carried out double amputations on four young men in Mogadishu, cutting off their right hands and left feet as punishment for theft. A hurriedly convened al-Shabaab Shari'a court found all four men guilty and promptly carried out the punishment without allowing any form of legal representation or appeal. The four victims were allegedly al-Shabaab deserters, and the robbery charge was reportedly part of a ploy to use them as an example. Al-Shabaab carried out numerous other amputations as punishment for theft in Kismayo, Merka, Wanlaweyn, and Qansaxdhere.
Al-Shabaab carried out these amputations and other violent physical punishments in front of community members whom they forced to attend.
Extremist groups devised a new form of torture of their victims involving crude weapons to cause physical and psychological harm. For example, al-Shabaab militia reportedly burned plastic that they molded into sharp tools, the tips of which were used as torture instruments. The tool was pierced into the skin repeatedly to elicit information. On several occasions during the year, al-Shabaab used this method to torture TFG members and individuals suspected to be sympathetic to the government.
On August 10, the al-Shabaab administration in Merka began removing residents' gold and silver teeth, alleging that they are a sign of vanity and against Islam. There were numerous reports of al-Shabaab identifying persons in the street and using unsterile tools to remove the teeth.
Child Soldiers
The recruitment and use of children in militias and other fighting forces was a longstanding practice in the country and continued during the year. Without established birth registration systems, it is often difficult to determine the exact age of persons, including recruits to armed groups. Children continued to be recruited into militias by the TFG and its allied forces. An October UN report, The Recruitment and Use of Children by Armed Forces or Armed Groups in the Somali Conflict, indicated that while all parties recruited children, the TFG was not systematic in its practice. The TFG reportedly targeted older children between the ages of 14 and 18, while extremist opposition groups recruited younger children into their militias. During the year the TFG improved its recruitment practices and formal troop training to stop child soldier recruitment. New forces, trained in Uganda and Djibouti, were thoroughly vetted, and underage soldiers were purged from the units that were formed once the soldiers returned to the country.
Children were recruited, as well as forcibly conscripted, more often by clan militias and antigovernment groups. The July report of the UN Security Council Working Group on Children and Armed Conflict cited the TFG, Ahlu Sunna wal Jama'a, al-Shabaab, Hisbul Islam, clans, and the Puntland regional administration as having continued recruitment of children into their militias. For example, on July 30, it was reported that al-Shabaab near Baidoa was recruiting children as young as eight years old to train in Labatan Jirow and Daynuunay, former TFG bases. UNICEF monitors identified children between the ages of 13 and 17 who were recruited and used as child soldiers. Because of the risk in intervening directly with militia groups, UNICEF protection partners engaged in low-profile condemnation of child recruitment while undertaking public education of youth to empower them to decline offers by any of the armed groups. In some administrations in the country, like that of Jowhar, authorities committed to demobilize child soldiers with UNICEF's assistance; however, no progress was made.
The TFG pledged to address child recruitment when ministers signed the Paris Commitments in February 2007; however, children were enlisted into TFG forces. During the year all parties to the conflict continued to recruit child soldiers. UNICEF continued its public outreach program with radio broadcasts to highlight the problem of child soldiers.
Al-Shabaab conscripted children into armed conflict and military operations in addition to using them to plant roadside bombs and other explosive devices. According to the UN, al-Shabaab recruited children as young as eight from schools and madrassas and trained them to plant bombs and carry out assassinations for financial reward.
On May 30, TFG police arrested 11 minors who had been kidnapped in the Lower Shabelle Region and forced by al-Shabaab into its militia fighting force. In Kismayo, Baidoa, and Merka, al-Shabaab obligated boys 15 years of age and older to fight as "mujahedeen" or face death. Al-Shabaab killed an estimated 16 teenagers after they refused recruitment as al-Shabaab fighters.
The Somaliland constitution contains no minimum age for recruitment into the armed forces, but there were no reports of minors in its forces; however, an inadequate system of birth registration made it difficult to establish the exact age of recruits.
Other Conflict Related Abuses
Security problems complicated the work of local and international organizations, especially in the south. During the year attacks on NGOs, looting, and piracy disrupted aid flights and food distribution. As a result of killings, kidnappings, 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 continued; the International Maritime Bureau identified the country's territorial waters as the most dangerous in the world. Pirates conducted 47 successful hijackings and 167 unsuccessful attacks on vessels off the Somali coast, an increase over the previous year despite increased international attention. Fewer incidents occurred in the Gulf of Aden, because of increased patrols, but there were more attacks further offshore. Most of the ships continued to be 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.
During the year Puntland security forces made some progress against pirates operating along its coast, raided some hideouts, arrested several suspected pirates, and sentenced some to long jail terms. Clan elders and religious groups began sensitization efforts in Puntland's coastal towns to demobilize pirates and discourage youths from becoming pirates. Through these efforts an estimated 100 pirates renounced piracy. Despite the Puntland government's efforts against pirates, prominent persons linked with piracy circulated freely and lived ostentatiously in Puntland cities. At year's end 12 vessels and 263 crew members remained in the custody of Somali pirates.
The TFG continued to improve its treatment of humanitarian agency personnel and appointed a minister of humanitarian and emergency assistance to better liaise with UN agencies and NGOs. While the relationship improved, the TFG was unable to prevent attacks against UN and NGO personnel. Attacks on aid workers were fewer than the previous year, in large part because many NGOs and aid organizations had withdrawn their staff from the country. According to a July UN Office for the Coordination of Humanitarian Affairs (UNOCHA) report, access difficulties resulted in instances of humanitarian organizations withdrawing, temporary suspensions of programs in certain areas, or delays in the delivery of humanitarian assistance; however, the report stated humanitarian access was generally good in Puntland and Somaliland. UNOCHA reported a general reduction of violence against aid workers during the year, mainly because there were so few workers in the country. UNOCHA noted a marked shift from attacks on humanitarian personnel to raids by al-Shabaab on UN and NGO compounds, offices, and warehouses, in which they looted humanitarian supplies, food, equipment, vehicles, and other assets. The deteriorating security situation and continued targeting of national and international relief workers presented significant challenges to humanitarian operations in The country. During the year 10 aid workers were killed and 7 kidnapped and released. At year's end 10 persons who were kidnapped in 2008 remained captive. Relief agencies continued to operate with significantly reduced or no international staff. Aid agencies increasingly relied on national staff, which was equally under threat, and partnerships with local implementing organizations to deliver relief assistance to vulnerable beneficiaries.
On January 6, three masked gunmen shot and killed Ibrahim Hussein Duale, an employee of the World Food Program. At the time of his death Hussein was monitoring a school feeding program in Yubsan village, Garbahare. On March 19, the al-Shabaab administration in Burdubo arrested one of the gunmen, and in a five-day hearing an al-Shabaab Islamic court tried and convicted him after he pled guilty to Hussein's murder. The convicted killer paid Hussein's family 100 camels to avoid being executed.
On March 16, gunmen abducted four UN staff on their way to an airstrip in Waajid, Bakol Region. The four were released on March 17 after clan elders and local administrators intervened on their behalf.
On April 19, unknown gunmen killed Omar Sharif, a local aid worker in Merka, as he left a mosque after evening prayers.
Also on April 19, unknown armed men abducted two international aid workers—a Belgian doctor and Dutch nurse--working with international NGO Medecins Sans Frontieres (MSF) near Rabdhure, Bay Region. They were released on April 28 through the efforts of local elders. In June the MSF closed its programs in Bakol Region, citing security reasons.
On May 17, al-Shabaab raided the UNICEF compound in Jowhar, stealing and destroying tons of essential nutritional and medical supplies and cold chain equipment--including immunizations for infants, children, and expectant and lactating mothers. On July 20, al-Shabaab militiamen in Bay Region raided the UN agency compound in Baidoa, stole several vehicles, many computers, and expelled three UN agencies. Earlier in the year, al-Shabaab shut down the operations of two international aid organizations in regions under its control.
In early August armed militia groups affiliated with al-Shabaab attacked and occupied at least five NGO compounds in Jilib and Jamaame districts in Middle and Lower Juba regions. There were no aid workers injured in the attacks, but militia looted computers, vehicles, and other equipment, causing several NGOs to suspend humanitarian operations.
On August 17, several gunmen attacked a UN World Food Program (WFP) compound in Wajid, Bakol Region. Guards at the compound fought off the attackers, killing three.
There were some developments in kidnapping cases from 2008. On August 11, kidnappers released four Action Contre la Faim staff, including two pilots, kidnapped from Dusamareb airstrip in November 2008.
In October 2008 simultaneous explosions in Hargeisa targeting the UNDP, the Somaliland Elections Commission, and the Ethiopian embassy, as well as Puntland administration offices in Bossasso, killed 20 persons and injured 37. On May 28, the Hargeisa regional court arraigned 14 suspects in the attack.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The TFC and the Somaliland constitution provide for freedom of speech and press; however, there were instances of violence including murder, 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 journalists respect the law"; however, this right was not respected in practice. 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 political leaders and other prominent persons.
In Somaliland there were seven independent daily newspapers: Geeska Africa, Ogaal, Jamhuriya, Haatuf, Waahen, Sahansahan, and Maalmah'a) There was also one government daily--Maandeeq--and two English-language weekly newspapers--Somaliland Times and The Republican. There were three independent television stationsHorn Cable TV, Horn Cable, and Somaliland Space Channel, 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. The independent media suffered increased harassment from the Somaliland government, especially in the period preceding the presidential elections that had been scheduled for September 27.
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. Conditions in the country precluded a full accounting of all media; there were numerous small, relatively unknown local FM radio stations throughout the country. On March 28, in Kismayo, al-Shabaab opened an FM radio station.
The relationship between journalists and the TFG improved, and unlike in the previous year, journalists did not receive direct threats from the TFG; however, opposition elements, especially al-Shabaab and other extremists, continued to harass journalists, and the overall climate for freedom of speech and press deteriorated. Journalists reported that al-Shabaab threatened to kill them if they did not report on antigovernment attacks conducted by al-Shabaab. Reporters also remained under threat if they published criticism of the government. The Kismayo al-Shabaab administration continued to enforce rules for journalists, including a requirement to refrain from reporting news that undermined Islamic law.
Journalists and media organizations in all regions reported harassment, including killings, kidnappings, detention without charge, and assaults on persons and property. Most experienced field reporters and senior editors had fled the country due to direct threats from antigovernment groups. During the year nine journalists were killed in targeted or collateral incidents.
There were two targeted killings of journalists during the year, compared to one such killing in 2008. On February 4,HornAfrik Mogadishu director Said Tahil Ahmed was killed while walking with nine other media leaders to a meeting with al-Shabaab representatives. On June 7, Shabelle director Muktar Mohamed Hirabe was killed in Bakara Market. Al-Shabaab reportedly instigated both of these killings.
Seven journalists were killed during the year as a result of cross fire, stray bullets, and proximity to the December 3 suicide bombing in Mogadishu in which three journalists were killed. There were no arrests in connection with any killings or attempted killings of journalists during the year.
Numerous journalists were arrested and detained during the year, but unlike in previous years, there were no reports that the TFG ordered such arrests. For example, on January 23, Muhammad Hasan Haji Abukar, a Holy Koran Radio reporter, was reportedly arrested by al-Shabaab authorities in Baidoa and tortured; they also confiscated his equipment. On April 18, al-Shabaab arrested Mohiddin Hassan Mohamed of Shabelle in Baidoa; he was released a day later. On August 22, the al-Shabaab administration of Gedo Region ordered Radio Markabley to fire two journalists and submit to edicts issued that day.
Journalist arrests and detentions increased in Somaliland. On February 26, in Hargeisa, Somaliland authorities arrested Mohamed Abdi Guled, editor of the privately owned weekly Yoo'l; he was released on March 20. On March 29, Ahmed Suleiman Dhuhul, a member of the executive committee of the Somaliland Journalist arrests and detentions increased in Somaliland. On February 26, in Hargeisa, Somaliland authorities arrested Mohamed Abdi Guled, editor of the privately owned weekly Yoo'l; he was released on March 20. On March 29, Ahmed Suleiman Dhuhul, a member of the executive committee of the Somaliland Journalist
There were also several incidents in the Puntland region during the year. For example, on March 26, in Bossaso, security forces arrested Jama Ayanle Siti, a reporter for Laas Qoray newspaper and its Web site, and Abdiqani Hassan, a freelance reporter. On March 30, also in Bossaso, Jama Ayenle Feyte was sentenced to two years in prison after being accused of defamation and disseminating false information about the Puntland authorities. On August 25, Voice of America reporter Mohamed Yasin Isaq was arrested in northern Galkayo after releasing a report on the failure of the Puntland administration to curb growing insecurity in the town. On December 21, Puntland security forces again arrested Isaq, held him for 17 days, and released him without charge.
Canadian journalist Amanda Lindhout and Australian photojournalist Nigel Brenan, who were kidnapped in August 2008, were released on November 25 in Mogadishu, reportedly after ransoms were paid by the journalists' families. On January 17, Abdifatah Mohammed Elmi, who was kidnapped with Lindhout and Brenan, was freed.
The British and Spanish journalists who were abducted in November 2008 in Bosasso were released on January 4. They were held captive in an unknown location in the Puntland region.
Several broadcasting stations were closed during the year. At least two radio stations were closed by Islamic administrations. On April 9, al-Shabaab closed Radio Mandeeq after it broadcast news about a clan dispute. On April 27, the al-Shabaab administration in Baidoa closed Radio Jubba and detained three journalists. They were freed the following day after an agreement that the station would no longer broadcast music. On September 30, al-Shabaab ordered the closure of Radio Warsan, a local FM station in Baidoa, and detained the radio's director, Hilal Sheikh Shuayb. He was reportedly arrested for failure to obey al-Shabaab's order for radio stations to stop airing advertisements with music and to broadcast the call for prayer. He was released after two days in detention.
Journalists reported continued pressure from al-Shabaab and opposition elements to provide favorable reporting for each side, with threats of reprisal if reporting was perceived to be critical of them. Unlike in previous years, there were no reports that the TFG pressured journalists to produce positive reporting.
Internet Freedom
Somalia has some of the lowest cost telecommunications and Internet services in the region. There were no government restrictions on access to the Internet; however, opposition elements in Mogadishu reportedly closely monitored Internet use and were believed to be the authors of anonymous e-mail threats to local journalists. Media outlets continued to create Web sites associated with their broadcast operations, resulting in a proliferation of news-oriented Somali language Web sites. According to International Telecommunication Union statistics for 2008, approximately one percent of the country's inhabitants used the Internet; however, independent researchers have noted that this figure may be higher because Internet users frequently accessed the technology in cybercafés and other public centers and Somalia's country domain was not in use.
Academic Freedom and Cultural Events
There were several functioning universities--three each in Mogadishu, Somaliland, and Puntland. Dozens of others existed only in name. Authorities imposed restrictions on academic freedom, and academicians practiced self-censorship. In Puntland a government permit was required to conduct academic research.
During the year there were fewer attacks on schoolchildren, teachers, and schools across the country. Unlike in previous years, TFG forces were not responsible for any of these attacks. Al-Shabaab, other antigovernment groups, and ordinary criminals were responsible for targeted attacks. There were no developments in the August 2008 incident in which TFG security forces stormed the Somali Youth League primary and secondary school and the Imam Shafi'i Primary School in Mogadishu.
Al-Shabaab and armed militia associated with the former Union of Islamic Courts attacked schools and killed teachers and education workers. For example, on February 18, unknown armed militia forcefully entered Yusuf Kownayn school in Mogadishu's Wadajir District. The militia reportedly robbed, beat up, and harassed teachers and students.
There were no official restrictions on attending cultural events, playing music, or going to the cinema, although the security situation effectively restricted access to and organization of cultural events, except in al-Shabaab-controlled areas.
Read Part-4
http://samotalis.blogspot.com/2010/03/somalia-and-somaliland-2009-country_2742.html
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