Human Rights in Somalia

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More than 15 years of civil war and the absence of a central government, have left the rights of the Somali population in the hands of Sharia Courts and clan-based local authorities with militia powers. Clan rivalries and the inefficiency of institutions that might otherwise establish a consistent rule of law, have exposed Somalia's civilian population to human rights abuses without effective legal recourse. In this context, the question of impunity is considered to be at the core of the ongoing conflict in Somalia.

Ongoing conflict

Recent fighting between the Alliance for the Restoration of Peace and Counter-Terrorism (ARPCT) and the Sharia Courts, in Mogadishu and other towns, has added to the loss of civilian lives and increased the number of Internally Displaced Persons (IDPs) who remain without assistance and protection. The parties to the conflict have also been recruiting children off the streets and from schools, to fight in their militias.

Gender-based violence

There have been regular reports of gender-based violence against women, particularly among IDPs; as well as deliberate killings and cases of torture perpetrated with total impunity by clan-based militias. Minority groups, including Bantus, continue to face discrimination because their rights are not guaranteed by national institutions.

Absence of codified law

Somalia's Judicial systems are not based on codified law. They rely on a combination of traditional and customary law, the Shari’a law and the penal code of the government that existed before 1991. In some cases, elders deliver a form of justice by applying compensation, regardless of the civil secular code or the Sharia. Somalia's judiciary also suffers from a serious lack of trained judges, basic equipment, and training and legal reference materials.

Local clan-based Shari’a courts in parts of southern Somalia are seen as the only alternative to the inefficiency of the judiciary. In Puntland and Somaliland, local officials interfere with legal matters in the absence of judges.

Humanitarian access

Somalia is currently experiencing a severe drought. Although help has begun to reach vulnerable populations, access for humanitarian workers and emergency food and other supplies is a major concern. The random establishment of militia checkpoints to extort money from humanitarian agencies and non governmental organizations (NGOs), has seriously jeopardized the work of local and international organizations, especially in the South. Frequent attacks by freelance militia on NGOs continue to disrupt food distribution. In Mogadishu, the recent heavy fighting between the Alliance for the Restoration of Peace and Counter Terrorism and the Sharia Courts, cut humanitarian supply lines to civilians in desperate need.

For more information, please contact Ms. Miriam Ghalmi, Human Rights Adviser.
Email: miriam.ghalmi@unon.org