Bureau of Democracy, Human Rights,
and Labor
Somalia* has an estimated population of seven million.
The territory, which was recognized as the Somali state from 1960 to 1991, was
fragmented into regions led in whole or in part by three distinct entities: the
Transitional Federal Government (TFG) in Mogadishu; the self-declared Republic
of Somaliland in the northwest; and the semiautonomous region of Puntland in
the northeast. The TFG was formed in late 2004, with a five-year transitional
mandate to establish permanent, representative governmental institutions and
organize national elections. In January an expanded Transitional Federal
Parliament (TFP) extended the TFG's mandate until August 2011. For the first
time, the Transitional Federal Institutions were all located in Mogadishu after
the TFP relocated from Baidoa in February.
A political process to establish
peace and stability in the country progressed as the TFG and the Alliance for
the Reliberation of Somalia continued to implement the terms of the Djibouti
Agreement, signed in August 2008; however, significant problems remained. The
withdrawal of Ethiopian National Defense Forces (ENDF) opened the political
space for elections and the establishment of a new TFG administration led by
President Sheikh Sharif Sheikh Ahmed. The TFG assumed control of some of the
strategic positions in Mogadishu formerly occupied by ENDF personnel, but other
antigovernment groups, including al-Shabaab, moved into many of the former ENDF
sites in the South Central Somalia. Fighting by TFG troops, allied militias,
and African Union Mission in Somalia (AMISOM) forces against antigovernment
forces, terrorist groups, and extremist elements increased and resulted in
widespread human rights abuses, including the killing of thousands of civilians
(estimates vary widely), the displacement of more than one million persons, and
widespread property damage, particularly in Mogadishu. The larger clans had
armed militias at their disposal, and personal quarrels and clan disputes
frequently escalated into killings. Targeted assassinations continued. While
roadside bombings became less frequent, there was an increase in suicide
bombings reported during the year. There were eight suicide bombings that
targeted TFG officials and offices and AMISOM installations. Civilian
authorities allied with the TFG gained some control over security forces in
Mogadishu but did not maintain effective control of the security forces in
other areas. Elected civilian authorities in Somaliland and Puntland maintained
significantly more control over security forces in their respective regions.
The TFG's respect for human rights
improved. It appointed a human rights focal point and participated in
international efforts to encourage better human rights practices; however, the
poor human rights situation deteriorated further during the year, especially in
the areas controlled by al-Shabaab and allied extremist groups. Also
contributing to the worsening picture was the absence of effective governance institutions
and rule of law, the widespread availability of small arms and other light
weapons, and continued conflicts. As a consequence, citizens were unable to
change their government through peaceful, democratic means. Human rights abuses
included unlawful and politically motivated killings; kidnappings; torture,
rape, amputations, and beatings; official impunity; harsh and life-threatening
prison conditions; and arbitrary arrest and detention. In part due to the
absence of functioning institutions, perpetrators of human rights abuses were
rarely punished. Denial of fair trial and limited privacy rights were problems,
and there were restrictions on freedoms of speech, press, assembly,
association, religion, and movement. Discrimination and violence against women,
including rape; female genital mutilation; child abuse; recruitment of child
soldiers; trafficking in persons; abuse of and discrimination against clan and
religious minorities; restrictions on workers' rights; forced labor, including
by children; and child labor were also problems.
According to Mogadishu-based human
rights organizations, the TFG showed some improvements in its human rights
practices: it was not responsible for politically motivated killings,
executions, or disappearances. Allegations against its security forces
decreased, and its police and prison personnel were generally responsive on
human rights problems. This improvement occurred amid an overall deterioration
in the human rights situation of the country, including in Somaliland and
Puntland.
In a July report, the international
nongovernmental organization (NGO) Human Rights Watch stated that the
"Somaliland administration committed human rights violations and generated
a dangerous electoral crisis."
In March 2008 the UN Independent
Expert on the Situation of Human Rights in Somalia (UNIE) noted that despite
the overall deteriorated situation, incremental improvements in human rights
awareness were taking place in some areas of the country. UNIE's September 17
report to the UN General Assembly accused extremist groups of fueling violence
by dashing opportunities for peace presented by the Djibouti peace process and
the withdrawal of ENDF personnel, and by not taking advantage of the opening
provided by the TFG's adoption of Shari'a (Islamic law).
Members of antigovernment groups,
extremist groups, and terrorist organizations like al-Shabaab, some of whose
members were affiliated with al-Qa'ida, committed an increasing number of
egregious human rights violations, including killings of TFG members and
civilians; kidnappings and disappearances; attacks on journalists, aid workers,
civil society leaders, and human rights activists; restrictions on freedom of
movement; and displacement of civilians.