Somalia is at a crucial juncture. In August 2012, the eight year ‘transitional’ period in Somalia ended with the appointment of a new Somali administration in September 2012. While this has led to a wave of optimism and hope for a new era, the new Somali government faces many challenges. Since the beginning of the conflict in 1991, civilians have been killed, beaten and otherwise abused in southern and central Somalia. Members of government forces and affiliated militias, as well as the Islamist armed group al-Shabab and affiliated militias, have carried out such abuses.
In May 2013, a conference will be co-hosted by the Somali and UK governments in London, aimed at galvanizing support for the Somali administration in taking steps to achieving the priorities of the new Somali government as laid out in its six-pillar policy.
Amnesty International presents this human rights agenda in the hope that human rights will be a priority for the ‘post-transitional’ government in Somalia and calls on the UK and the international community to prioritize the respect and protection of human rights as they support the new Somali administration in its political transition in Somalia.
Despite the new administration, in much of south and central Somalia, civilians continue to face extreme insecurity, characterized by violence, kidnappings, killings, rape and extortion by members of al-Shabab. Government forces and aligned militia are failing to protect the civilian population from abuse, and some members of these forces are themselves responsible for violations such as violence, extortion, arbitrary arrests and rape, in part a result of poor discipline and lack of command control. Civilians who have been displaced due to the conflict report that robberies, violence and rape are commonplace during their journey. Targeted attacks continue to be carried out against journalists, business owners and clan elders. At least twenty four journalists have been killed since December 2011, at least four of which have occurred in 2013. While in many cases the perpetrators are unknown, many are suspected to be linked to al-Shabab.
The use of child soldiers by all sides to the conflict has been widely documented. The action plan signed by the Transitional Federal Government (TFG) in August 2012 includes a commitment to end the killing and maiming of children in conflict.
However, the government has taken few concrete measures to end the use of children in government and aligned armed groups. In addition, children are still forcibly recruited and used in combat by al-Shabab.
In 1992, the UN Security Council imposed an arms embargo on Somalia, which was continuously violated with arms supplied to armed groups on all sides of the conflict. The flow of arms to Somalia has fuelled serious human rights abuses committed during the conflict. On 5 March 2013, the UN Security Council partially lifted the arms embargo, which could expose Somali civilians to even greater risk and may worsen the humanitarian situation.
In the last months, the government has gained greater control in Mogadishu. Though al-Shabab has been dislodged in key towns such as Afgooye, Baidoa and Kismayo, it still controls vast swathes of the countryside. After Ethiopian troops withdrew from Xudur, the provincial capital of Bakool, on 17 March 2013, the Somali National Armed Forces (SNAF) retreated and al-Shabab regained control within hours of their departure. Following this, there was a surge in abuses against civilians in Bay and Bakool areas, and thousands of people fled the area.
Population displacement is an ongoing and serious problem, caused both by the hostilities and by the recent famine. Of the 19,000 people recorded as newly displaced between 1 November 2012 and 1 February 2013, 89% cited insecurity as one of the three key reasons for their displacement.
Conditions in settlements both within and outside of Mogadishu remain extremely poor with regular reports of sexual and other gender based violence against women and girls. Some rape victims say they were attacked by men wearing government uniforms. Camp managers and district officials act as ‘gatekeepers’ who control and divert aid. Some IDPs have returned to their place of origin, and the UN refugee agency, UNHCR are facilitating large scale programmes to support IDP returns. However, those returning to their homes in south and central Somalia face a lack of essential services including healthcare, access to clean water and to food, as humanitarian organizations are not present in much of these areas due to ongoing insecurity and as some are in areas controlled by al-Shabab, who restrict access of humanitarian organisations. This also makes it difficult to get information about the situation of some civilians who have returned.
Donor countries must support action to address wide-ranging impunity for decades of human rights violations and abuses in Somalia, including potential crimes under international law. A culture of impunity has developed which feeds the cycle of crimes under international law and other human rights violations: perpetrators have no incentive to stop, and others are encouraged to commit abuses. To date, impunity for these violations has not been addressed by the Somali government.
In November 2012, President Hassan Sheikh Mohamud publicly committed to bringing to justice those members of state security forces who commit abuses, including those responsible for rape.
However, on 10 January 2013, in a move that was contrary to this commitment, the police detained a woman who said she had been raped by government forces, and a journalist who had interviewed her. On 5 February 2013, both were found guilty of a number of charges, including ‘insulting a national institution’, and were sentenced to one year’s imprisonment. The conviction of the woman was quashed by the appeals court on 3 March 2013, and the journalist was finally acquitted by the Supreme Court after spending 66 days in detention. Despite the quashing of the woman’s conviction, her arrest and trial sent a strong message to women and girls who are raped that they may face prosecution themselves if they seek justice. The charges were also a serious setback for media freedom. It is extremely concerning that since January 2013, the number of women reporting rape in Mogadishu has significantly decreased.
The Transitional Federal Government (TFG) made important commitments during its Universal Periodic Review at the UN Human Rights Council. In September 2011, it adopted all 155 recommendations made by other states to improve the human rights situation in Somalia, though it later expressed reservations on four recommendations on ratification of key treaties, issuing a standing invitation to all special procedures and responding positively to all outstanding visit requests, and acceptance of the Bangkok rules on treatment of women prisoners and non-custodial measures for women offenders. Little progress has been made towards implementing any of these recommendations.
Amnesty International recognizes that the Somali authorities face numerous and difficult challenges in rebuilding a country that has been deeply affected by natural disasters, famines, and armed conflict for decades. However, the country is unlikely to experience sustained peace and stability unless the authorities guarantee effective accountability for violations of international human rights and humanitarian law. As a corollary, Somalia is likely to be more attractive to donor states and international financial institutions if it makes and delivers on a solid commitment to the implementation of fundamental human rights.