c



The Transitional Federal Government is committed to upholding the Universal
Declaration of Human Rights and to preventing human rights abuses in areas
of its control. However, it lacks the power and capacity to deal effectively with
many of the systematic human rights abuses that occur. Successful
presidential elections were held in Somaliland and were judged by
international observers to have reflected the will of the voters. The new
government in Somaliland made a commitment to improving the human rights
situation there.

Continued opposition from insurgent groups in southern and central Somalia

prevented the Transitional Federal Government from extending its authority
beyond approximately half of the capital city, Mogadishu. Insurgent groups ,
such as al-Shabaab, remained in control of much of southern and central
Somalia and continued to perpetrate serious acts of violence against civilians
throughout the region. Somaliland and Puntland in the north offered greater
stability, though reports of human rights abuses were still common .

The unstable security situation in 2010 prevented us from directly monitoring

and verifying human rights abuses or from being able to apply pressure or
push for changes and improvements. Nevertheless, we raised h uman rights
violations with the Transitional Federal Government and the Somaliland
government at every appropriate opportunity and met with a number of human
rights groups and NGOs throughout the course of the year. The international
community remained focused on the human rights situation in Somalia,
notably holding a discussion on this issue during the UN Human Rights
Council meeting in Geneva in September. As a result of this session, the
Geneva Friends of Somalia group was formed, mandated to improve
coordination among those working in the human rights and humanitarian
assistance fields in Somalia. We were a founding member of this group .
The human rights situation in Somalia is unlikely to improve significantly in
2011. The Transitional Federal Gov ernment is due to end its transitional
period in August 2011, but this is unlikely to have an impact on the human
rights situation in the short term. In the time leading up to the end of the
transitional period, we hope the Transitional Federal Government will continue
to strive for peace, through the development of the security sector and the
provision of public services for citizens.

We will continue to work for greater stability in Somalia, which will allow for
better rule of law and improved human rig hts conditions. We will invest in
projects aimed at developing the security sector and communities. This in
turn should undermine the influence of extremist groups, such as al -Shabaab.
Access to Somalia for UK officials is likely to remain very infreque nt and so
we do not anticipate a significant improvement in our ability to monitor directly
the human rights situation on the ground.

(

Successful presidential elections were held in Somaliland in June after a
delay of almost two years. These elections were deemed by local and
international observersto reflect the will of the voters. We provided significant
assistance to the Somaliland elections in political, technical and financial
terms and were the largest bilateral donor.



 

The majority of Somalis do not have access to justice. The Transitional
Federal Government's judicial system lacks the capacity to deal with war
crimes and crimes against humanity. For most people, justice is largely
conducted at local and clan levels wit h little oversight from the state. The law
is a mixture of jurisprudence inherited from colonial times, Sharia and
clan/customary law. These are inconsistent in implementation and can limit
access to justice, particularly for women. Somalia retains the u se of the death
penalty. The extent of its use is not known .
The Somaliland and Puntland judicial systems have more central control with
a hierarchy of courts established up to a Supreme Court. The Somaliland
judicial system in particular provides for t he right to legal representation; to
appeal; to the presumption of innocence; and to appear before a court within
48 hours of arrest. However, only a small number of judges in Somaliland
have the necessary legal qualifications to practis e law. In 2010 we supported
the UN Development Programme in training more judges, supporting the
establishment of a new legal framework and providing free legal aid to
defendants in both Somaliland and Puntland. However, the security situation
and underdeveloped constitut ional frameworks limits substantial progress in
this area.

In areas under al-Shabaab¶s control, citizens are often denied access to

justice and receive disproportionate punishments for alleged crimes
committed. Individuals are often forced to admit to th eir crime, whether they
are guilty or not. Punishments include public floggings, amputations and
executions. For example, in October, two teenagers were sentenced to death
by firing squad after being accused of spying. Residents were ordered to
observe the killing.

—  
As the Transitional Federal Government controlled approximately half of the
capital city, Mogadishu, throughout 2010, the rule of law in Somalia was
inconsistent. Rule of law remained a priority for us and we focused on the
development of local and regional administrations. D eveloping and enabling
rule of law was a key task for the Transitional Federal Government, although
progress was hampered by political infighting .

Puntland and Somaliland also made a real commitment to devel oping the rule
of law in their regions, with the latter committing itself to abolish the extra
judicial ³security committees´. These committees often sent citizens to prison
without due process of law.


 

   



We were not aware of any reports during 2010 of the use of widespread or
systematic arbitrary detentions, or of detentions of political prisoners. Prison
conditions are harsh and do not meet international standards. Police stations
in Mogadishu were monitored by civil society groups through the UN
Development Programme and as a result, a number of prisoners were
released when it was found that the police had not followed due process.
However, the difficult security situation in Mogadishu meant that the
monitoring of police stations was ad hoc .

We encouraged the UN Development Programme, working with the UN Office

for Drugs and Crime and the Counter Piracy Programme to build a new prison
in Hargeisa, Somaliland, which opened in late 2010. The UN Office f or Drugs
and Crime and the Counter Piracy Programme also focused on improving
living conditions in prisons in Puntland in 2010 and began work on building a
new prison which should open in 2011.

      
  
There is no clear evidence of the use or extent of torture, but media reports
indicate that al-Shabaab use serious acts of violence, such as public
amputations and lashings to enforce its law. The Somaliland government was
subject to accusations of mistreatment in 2010, despite the So maliland
constitution forbidding the use of any kind of ³cruel and physical treatment´ .


  
 

Human rights defenders continued to have a low profile in Somalia as they
operate in very dangerous conditions. Simply by being present they ar e
risking their lives. Our officials seek to support the work of these individuals
wherever possible. To this end the UK contributed to the revised EU
guidelines for human rights defenders in Somalia in November.

 
  

 
International and local journalists operate in extremely difficult environments.
The National Union of Somali Journalists found that most attacks against
journalists in 2010 were attributed to armed insurgent groups, such as al -
Shabaab and Hizb-ul Islam. However, there were reports that both the
Puntland government and its security forces and the Transitional Federal
Government have been responsible for a number of abuses against media
freedom.

Journalists experienced severe restrictions throughout 2010. Three

journalists were killed in 2010, compared to nine in 2009 but insurgent groups
stepped up their attacks on media houses to prevent independent reporting.
In April, Hizb-ul Islam banned media houses in Mogadishu from playing any
music or commercials. Throughout 2010 al-Shabaab imposed reporting
restrictions on media houses and seized broadcasting equipment on a
number of occasions.

The press climate in Puntland worsened in 2010, particularly in the latter part
of the year. Journalists faced restrictions in reporti ng the continued conflict in
the disputed areas of Sool and Sanaag. A Puntland journalist was imprisoned
for six months without trial for interviewing rebel forces. The EU lobbied the
Puntland government on this issue and the UK called both publicly and
privately for greater press freedoms in the region.

The Transitional Federal Government lacks the power and capacity to tackle
freedom of expression and media freedoms effectively. However, it has made
some advances. In May, with support from the intern ational community, the
Transitional Federal Government facilitated the opening of a media safe
house. This was a positive first step.

Somaliland enjoys greater media freedom than other regions in Somalia,

though in the run-up to the 2010 elections report s indicated that a number of
journalists had been arrested for short periods for political purposes. A media
monitoring group was formed to cover the election period and we raised the
issue of press freedom with the Somaliland government .




 
 

Somalia is not party to the Convention on the Elimination of All Forms of
Discrimination against Women. Women continued to be forced into marriage
or sold to settle disputes. Female genital mutilation is widespread in Somalia.
It is estimated that as many as 97% of women have been subjected to some
form of it, typically during childhood. In areas under al -Shabaab¶s control,
women face extremely severe restrictions on their freedom. For example,
women are not permitted to work or to leave the house wi thout an Ê Ê
Ê.
Violence against women, including rape, continues to be widespread.
Women also continue to be under -represented politically.

  
 

Children, particularly those living in southern and central Somalia, continued
to live in extremely challenging environments. The percentage of children
receiving education across Somalia, including Somaliland, remained
extremely low. In southern and central Somalia, al-Shabaab continued to
interfere in school curriculums and introduced manda tory lessons in jihad.

The ongoing conflict in and around the capital, Mogadishu, had severe
repercussions for children. The UN cited al -Shabaab, Hizb-ul Islam, the
Transitional Federal Government, Ahlu Sunnah Wal Jama¶a and other militia
groups as recruiting and using child soldiers. In particular, al -Shabaab
systematically recruited child soldiers from schools in areas under its control
and was reported to be training an estimated 2,000 children in camps in
southern Somalia. The Transitional Federal G overnment was also accused of
using child soldiers in its armies, though when the international community
made representations to the government in the early part of 2010, it was
denied. The Transitional Federal Government has since pledged to work
towards an action plan to end the recruitment of child soldiers in Somalia .

 
   
 
  

Many minority groups continue to face persecution in Somalia and minority
religions are heavily restricted. The clan structure is of great significance and
importance in Somalia and four main clans continue to dominate politics, the
economy and urban life. Minority clans are not proportionately represented in
local and regional governments.

Minority groups do not have the protection that th e traditional clan structure
affords. They are therefore more exposed to marginalisation and
victimisation. During 2010, they suffered abuse at the hands of local
governments as well as members of more dominant clans. In southern
Somalia, Bantus and Christians faced violent attacks from al-Shabaab.
Reports indicated that al-Shabaab beheaded a number of Christians in 2010 .

The situation in Somaliland and Puntland was better than in other regions as
they consist largely of one clan in each region: the Is aq in Somaliland and
Darod in Puntland. However, in Somaliland, violations against the Gaboye
people occurred throughout 2010. The Gaboye reportedly suffered verbal
abuse and restrictions in their day-to-day life.

Our lack of access, because of the poor security situation, prevented us from
closely monitoring minority rights in most of Somalia. However, we raised
minority rights with the Somaliland government in 2010 and will continue to
push for equal rights in all areas of Somalia.

 
Over the course of 2010, hundreds of civilians were killed and injured as a
result of being caught up in the conflict in southern and central Somalia and
especially in Mogadishu. The UN Inter Agency Standing Committee
Protection Cluster, that provides a coordinated humanitarian response to
protection and humanitarian needs, recorded more than 1,000 killings
throughout 2010 and more than 1,600 weapon -related casualties between
September and November alone ± including 127 children under the age of
five. Insurgent groups frequently stationed themselves in densely populated
civilian areas such as markets where they then launched attacks on
government forces and African Union soldiers. Civilian casualties have been
reported as a result of African Union and Transitional Federal Government
forces defending themselves against insurgent attack. We worked closely
with the Transitional Federal Government and the African Union throughout
2010 to explore ways in which to minimise the risk to civilians .

We contributed to the EU mission to train Somali forces in Uganda. Upon

completion of training, the troops are stationed in Mogadishu to work with the
African Union and existing Transitional Federal Government soldiers. This
training includes a mandatory human rights module for all new recruits.

Throughout 2010 there continued to be sporadic clashes in the disputed

territories of Sool and Sanaag on the Puntland/Somaliland border, and
elsewhere throughout Somalia, with clan m ilitias and insurgent groups.
Regional administration s and clan elders continued to mediate between
conflicts. The new Somaliland government made significant efforts in the
latter part of 2010 to mediate between and reconcile local clan conflicts, which
are usually over land. We provided support to the Som aliland security
services, to help reduce the conflict on the Puntland/Somaliland border .

   

There was no improvement in the protection of civilians in 2010. The
Transitional Federal Government was extremely limited in its capacity t o
provide adequate protection for Somali citizens and civilian casualties, and
forced displacement continued to rise. Although many people were able to
return home only a few weeks after fleeing, others are displaced for much
longer. More than 1.46 milli on people were displaced at the end of 2010,
including 410,000 people in the Afgooye corridor near Mogadishu ± the
highest concentration of internally displaced persons in the world. There were
also more than 600,000 Somali refugees in the region. With 4 ,000 arrivals a
month, Kenya was hosting more than 338,000 refugees by the end of 2010,
including 268,000 in Dadaab ± the largest refugee camp in the world .

Displaced people often lose their clan protection when they are forced to
move to other parts of the country, leaving them more vulnerable. There were
numerous reports in 2010 of the abuse and rape of women, particularly those
from minority groups, in internally displaced persons camps. Repeated
displacement, violence and killings were also frequentl y reported. Conditions
in the camps, where access for humanitarian agencies is difficult, are often
appalling, with severe overcrowding in unsanitary surroundings .

The UN estimates that 2 million people in Somalia, or 27% of the population,

require emergency humanitarian or livelihood support. This includes the 1.46
million internally displaced people, most of whom are in southern and central
Somalia where access for humanitarian agencies is most difficult. In the
financial year 2010/11, we provided alm ost £20 million in support to
humanitarian agencies, including UNICEF, the International Committee of the
Red Cross, and a number of NGOs such as Oxfam, Action Against Hunger
and MedAir to reach more than 700,000 vulnerable Somalis, including
internally displaced persons, with emergency assistance such as clean water,
health care, food and shelter .
Y