Issue No. 700

Human Security: United States reporting on Human Rights in Somalia
 

In April 2024, the US Department of State's Bureau of Democracy, Human Rights and Labor released its annual Country Reports on Human Rights Practices. Its section on Somalia begins, "There were no significant changes in the human rights situation in Somalia during the year."

It is perhaps easy to overlook the lengthy, formulaic reporting that is published annually and brush aside the veritable lists of human rights abuses, particularly in the midst of military operations and armed insurgency, struggling government institutions and a constitutional crisis. Sometimes, however, it is important to just break it all down, and say it again.

The much-vaunted Federal Government of Somalia under Hassan Sheikh Mohamud was unable to significantly impact the dire human rights situation in Somalia in 2023. This was despite its ascension to the East African Community, significant international debt relief, and the lifting of the UN arms embargo, not to mention the myriad forces and materiel that have been contributed by neighbouring countries and the massive, sustained funding from the international community. While federal ministers have celebrated their 'wins' on the diplomatic circuit, domestically, communities remain mired in one of the worst human rights contexts anywhere in the world.

According to the US Department of State, the unchanged situation includes extrajudicial killings, torture or degrading treatment by the government, life-threatening prison conditions, arbitrary arrest and detention, political prisoners, widespread civilian deaths, enforced disappearances, recruitment of child soldiers, significant restrictions on freedom of expression and press freedom, the inability of citizens to participate in free and fair elections, serious government corruption, widespread gender-based violence, and violence against ethnic and clan minorities. And, as stated in the 2023 report, "impunity generally remained the norm."

While Al-Shabaab committed the majority of the most serious human rights abuses in Somalia in 2023, the government once again failed in its responsibility to secure its territory and protect its citizens from harm. Its own numerous abuses fall into a number of overarching categories, namely Respect for the Integrity of the Person, Respect for Civil Liberties, Freedom to Participate in the Political Process, Corruption in Government, Governmental Posture Towards International and Nongovernmental Monitoring and Investigation, Discrimination and Societal Abuses, and Worker Rights.

On the ground in Somalia, personal integrity doesn't sound so esoteric. For example, according to Human Rights Watch and other human rights organisations, Somalia lost some 600 civilians, with 900 additional civilian casualties, in 2023 due to armed conflict. This marked a substantial increase from previous years, and the deadliest year since 2017. The majority of civilian injuries and deaths were due to improvised explosive devices (IEDs), almost entirely planted by Al-Shabaab. And large numbers of civilians were once again displaced by the fighting between the jihadists and government forces as many of the territorial gains made in mid-2022 were rolled back.

Among the documented abuses of civil liberties in 2023 was the arrest of Abdalle Ahmed Mumin, Secretary General of the Somali Journalists Syndicate (SJS). The well-known journalist endured arbitrary arrest and sentencing before being re-arrested after his release for the 'crime' of raising concerns about government restrictions on national security reporting. The continued utilisation of state security forces, particularly the National Intelligence and Security Agency, against Somalia's nascent civil society and the media should be of immense concern. TV journalist Mohamed Ibrahim Osman Bulbul was also detained on charges of 'bringing the state into contempt' and 'circulating false and tendentious news' after he reported alleged government misuse of European Union funds intended for police training.

While no one participated in direct elections in Somalia in 2023, the dubious review process of the Provisional Constitution even saw citizens' indirect representation undermined. Sweeping amendments to Somalia's political system in Chapters 1-4 were steamrolled through parliament amid widespread reports of bribery and major political opposition to the reforms. The likelihood of fair and accountable representation in Somalia is still a distant prospect in much of the country.

Simultaneous with government corruption and elite power-brokering, Somalia's children continued to have minimal access to education. The limited schooling available typically aligns with Al-Shabaab doctrine and a minimal foundational curriculum, despite repeated promises from the federal government that 3,000 teachers would be hired. Worse still, boys and young men were frequently subjected to recruitment as child soldiers either by Al-Shabaab or clan militia. And thousands of children died from starvation in 2023, with children under 5 among the most vulnerable. According to UNICEF, catastrophic hunger left half a million children at risk of dying from severe malnutrition, the highest since the devastating 2011 famine.

In 2023, some 70% of Somali women were subject to violence, including sexual and gender-based violence such as rape, domestic violence, and forced marriage. Despite this shocking statistic, women's access to judicial recourse remained woeful, with the majority reliant on the patriarchal 'xeer' customary legal system rather than an independent court for 'justice.' Women were also disproportionately displaced, malnourished, and economically, politically and educationally discriminated against. One striking example was the decision to remove any quota from the Provisional Constitution to press for women's participation in government.

Unfortunately, the State Department report doesn't focus attention on climate-related abuses, but the climate crisis in Somalia in 2023 was severe. Somalia had experienced 5 consecutive poor rainy seasons, putting millions at risk of death and decimating the pastoralist lifestyle in large swathes of the country. The arrival of El Nino-driven flooding in late 2023 subsequently further decimated agricultural production and livelihoods. Accompanying this massive displacement are increased cases of sexual and gender-based violence, jihadist recruitment, and discrimination, among other human rights abuses.

Another concerning development largely ignored by Somali politicians was the steep rise in executions carried out in Somalia last year. In 2023, 38 executions were carried out in sub-Saharan Africa-- all in Somalia-- and a dramatic rise from the roughly 6 executions conducted in 2022. Most of these trials were handled in dubious military courts, which do not adhere to international judicial standards, with defendants often without fair representation. Several of those executed in 2023 were just teenagers.

This all happened in 2023. It is now mid-2024, and, if anything, matters have only gotten worse, with a deteriorating security dynamic and an ever-more incensed government seemingly uninterested in domestic issues. Yes, the international community needs to focus on good governance and hard security concerns in Somalia, but why do this at all if it isn't to protect the human rights of Somalis?

By the Somali Wire team