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5.
STATE STRUCTURES
The
Constitution
5.1
The
constitution promulgated in 1979 and amended in 1990 was revoked
following the overthrow of President Barre in January 1991. [1a]
In the absence of a central government since that time there has
been no functioning national constitution since 1991.
[1a][2a]
TNG
Charter
5.2
In
July 2000 delegates at the Arta conference overwhelmingly approved a
national Charter providing for the establishment of the TNG for a
three-year term. [1a][2a] The
Charter, which was adopted in 2000 but still had not been implemented
by the end of 2002 is divided into six parts and guaranteed Somali
citizens the freedoms of expression, association and human rights; it
was intended to serve as Somalia's constitution for an interim period
of three years. [1a][2a][37]
The administrations of Puntland and
Somaliland
do not recognise the results of the Arta conference, nor do several
Mogadishu-based faction leaders. [1a][2a]
The TNG charter was due to come to an end on
13
August 2003
.
[10bo]
5.3
A
peace conference that commenced in Kenya in October 2002 with the aim
of establishing a federal and all inclusive transitional government
intended to replace the TNG. [10w][11c][11f]
As of January 2003, delegates had reportedly neared completion of
drafting a new Federal Charter. [11f]
"
Puntland
State
of
Somalia
"
Charter
5.4
The
autonomous "
Puntland
State
of
Somalia
"
also has a Charter; this was released on
22
September 1998
following the ratification of the document by the region's parliament.
[2a][7][23b] The charter
released in September 1998 advocates Puntland remaining part of a
federal Somali state based on regional governments. [1b][23b]
The charter provides for freedom of expression and prohibits
torture except where this is imposed by Shari'a courts. [2a]
The Charter was intended to be effective for an interim period of
three years during which a constitution was to be drafted and put to
the population in a referendum. [7]
A constitutional crisis emerged in Puntland in mid-2001 leading to
the suspension of the Charter in April 2002; it remained suspended at
the end of 2002. [1a][7][2a]
"
Republic
of
Somaliland
"
Constitution
5.5
In
2000 the self declared "
Republic
of
Somaliland
" adopted
a new Constitution based on democratic principles but continued to use
the pre-1991 Penal Code. [2a] The
constitution provides for the right to freedom of expression and
association, it also contains a clause referring to the states
self-declared independence. [1a][2a]
The population endorsed this in a referendum that took place in
late May 2001. [1a][6a] The
TNG and Puntland regional authority opposed the referendum. [6a]
The Somaliland authorities stated that they would view any claims
or declarations of sovereignty over the region by a future Somali
government as a hostile intent. [10bj]
Political
System
General
5.6
Since
the fall of Siad Barre in 1991,
Somalia
has remained without a central, functioning or internationally
recognised government. [1a][2a][7]
Clan-based factions, traditional leaders and militia in different
areas of the country have established various local administrations,
some unrealistically claiming national authority. [36]
No single group controls more than a fraction of the country's
territory. [2a] In some
areas, notably Puntland and
Somaliland
,
local administrations function effectively in lieu of a central
government. In these areas the existence of local administrations, as
well as more traditional forms of conflict resolution such as councils
of clan Elders, helps to prevent disputes degenerating rapidly into
armed conflict. [2a][7][36]
5.7
However,
this process of rebuilding state-like institutions or local
administrations in various parts of
Somalia
has been slow
and heterogeneous, and according to the UNDP Somalia 2001 report the
political decentralisation and the political entities in
Somalia
are still
fragile and evolving. The report states that “the development of
governmental forms of political authority in regional administrations
and the growth of urban centres such as Hargeisa, Garowe, Bossaso, and
Baidoa, point to a process of consolidation”. [7]
5.8
In
August 2000 the Somali National Peace Conference in
Arta
,
Djibouti
decided to
form a “Transitional National Government” (TNG) based in
Mogadishu
. [1a][7]
A Transitional National Assembly (TNA) comprising 245 members was
established. [1a][37] Four
major clans, the Dir (including the Isaaq), Hawiye, Darod and
Digil-Mirifle (Rahanweyn) each received 44 seats in the TNA. [1a][8][37]
An alliance of minority clans and tribes was allocated 24 seats and 25
seats were reserved for women with 5 going to those from each of the
major clans and 5 to the alliance.
A remaining 20 seats were distributed amongst influential
Somalis. [1a][37] The TNG
claims to be a legitimate national transitional government for
Somalia
though in
practice it controls very little territory; during the course of the
2002 the TNG lost areas it had previously held. [2a][7][10z]
The authorities of
Somaliland
and Puntland
as well as a number of faction leaders and warlords are either
strongly opposed or keep their distance form the TNG. [2a][7]
5.9
As
reflected in the July 2002 British/Danish fact-finding mission report,
the Islamist group Al-Itihaad insinuates itself into weak and divided
bureaucracies by buying influence with parliamentarians. The group
reportedly has a degree on influence in a number of regions.
It is also reported that many administrations in
Somalia
are "infiltrated"
by the business community. [7]
Mogadishu
(Benadir Region)
5.10
The
TNG have control over some areas of
Mogadishu
where its official ministries are located and also has some authority
outside the capital including the coastal area to the south of the
capital. Other areas of the capital continue to be controlled by
leaders of factions opposed to the TNG. [1a][7]
The TNG leaders are all highly dependent on the pro-TNG business
cartel in
Mogadishu
comprising Habr Gedir and Abgal businessmen.
The TNG have reportedly paid some warlords to ensure the
continued support of their militias. [7]
5.11
In
late March 2003 it was reported that agreement had been reached
between the TNG, faction leaders, the JVA and the RRA over the
creation of a new administration for the Benadir region. [10ac][48b]
Further talks between all parties involved in the initiative,
scheduled for
27
April 2003
,
did not proceed as the representatives of both Musa Sude and Aideed
failed to attend; previous attempts to establish an administration for
Benadir have all failed. [48a][48b]
However, after a closed-door meeting the following day, warlords
Musa Sude and Ali Atto pledged their commitment to establish a new
administration. [48a] Musa
Sude has publicly stated that the ongoing talks between the TNG and
factions aimed at forming an administration should be clan based. [48b]
In May 2003 the Italian envoy responsible for Somalia affairs visited
Mogadishu and met with Musa Sude, to discuss the formation of a new
administration for Benadir. [48c]
Other
areas in central and southern
Somalia
5.12
The political situation in many areas of central and southern
Somalia
remains unresolved. Large parts of central and southern
Somalia
are much less homogeneous in clan terms than Puntland and
Somaliland
,
which is reflected in the large number of clan-based militia, some of
which control only a small area. There are several regional clan-based
administrations, some of which co-operate with neighbouring
authorities that permit free movement of people and trade across
regional boundaries. Many authorities are comprised of councils of
Elders, often heavily influenced by a dominant local militia.
Rival Hawiye faction's control much of central and southern
Somalia
.
[30a][33] Given the
fluidity of the situation in much of the region control of many of
these areas is liable to sudden change. [7]
Lower
and Middle
Juba
(including Kismayo)
5.13
A
new administration for Kismayo was established in June 2001 by the
JVA, consisting of an 11-member council drawn from the region's clan
groups. The new administration allied itself with the Transitional
National Government (TNG) established in
Mogadishu
in late 2000. [7][10h]
The JVA reportedly aim is to establish a regional administration
for
Lower Juba
. [7]
The JVA is funded by taxes on trade through Kismayo's sea and air
ports, though the Somali Ruunkinet web site reported allegations in
August 2003 that the revenue was not used to benefit local people. [7][47b]
The JVA controls the lucrative charcoal trade from
Somalia
to
Oman
and other Arab
states. [7] In September
2003 an official of the JVA announced that for the first time since
capturing the town in 1999, taxes had also begun to be collected from
the inhabitants. These
are intended to provide security and other services. [10bs]
As of mid June 2002 radical Islamists were reported to be
controlling the districts of Doble, Ras Chaimboni, and Kulbiyow in the
Lower Juba
region. [2b]
Middle
Shabelle
5.14
The Abgal (Hawiye) clan dominates the Middle Shabelle region north of
Mogadishu
where Mohamed Dhereh has controlled an administration since the early
1990s. Originally under the interim administration of Ali Mahdi,
Dhereh subsequently defected to Aideed before becoming a member of the
TNA with who he quickly fell out. [7]
He then set up his own administration in Jowhar and was, as of June
2002, reported to be allied
to the SRRC. [7][9c] Information
contained in the British/Danish fact finding mission report of July
2002 suggests that as of May 2002 Dhereh, as Governor, maintained a
strong local Abgal based administration in the northern districts of
Middle Shabelle. However,
there is also a large Bantu population in the region, they are
reportedly excluded from participation.
The administration receives revenue from taxation of
regional trade passing through Jowhar and Mahaday.
Dhereh reportedly enjoys a moderate level of support from the
local population and Abgal Elders, who wish to maintain the strength
of the clan in the region. [7]
5.15
Dhereh controls five of the six districts of Middle Shabelle,
Mogadishu
warlord, Musa Sude, controls the sixth district, also an Abgal; Dhereh
and Musa Sude had an alliance as of May 2002.
[7] However, in May
and June 2002 inter clan fighting was reported in the region
between Dhereh and TNG Interior Minister Dahir Dayah.
[4][9c]
Lower
Shabelle
5.16
As of May 2002 a British/Danish fact-finding delegation was advised
that the TNG had some control along the coast south of Mogadishu. To
illustrate this reference was made to a case in which a Swiss aid
worker had recently been murdered in Merka and the TNG sent police to
investigate the case. [7] In
November 2001 the TNG president visited Afgoi, Wanlewein, Brava and
Merka in Lower Shabelle; in February 2002 it was reported that TNG
officials had been working with local leaders to help establish a
local administration in Merka. [7][51]
Hiran
5.17
Since the collapse of central government in 1991, traditional Elders
have been the main legitimate authority in Belet Weyne and the Hiran
region. The civil administration for Hiran set up by UNOSOM II was
effective so long as international forces remained in Somalia. When
UNOSOM II withdrew, institutions like tax gathering fell apart and the
administration was weakened and traditional clan rivalries and clashes
resumed. [7]
5.18
More than 20 clans live in the Hiran region and the clan pattern is
complex. [33] Local Elders
advised a British/Danish fact-finding delegation that visited Belet
Weyne in May 2002 that there are six or seven Ugas', or kings in the
region. The Elders explained the civil administration in place is very
nominal. The Ugas, or king, of each clan has the backing of the
people. Elders stand between the Ugas and the community and resolve
conflicts within and between the clans. [7]
5.19
A representative of the WHO based in Belet Weyne explained to a
British/Danish fact-finding delegation in May 2002 that the main
structure of that administration remained in place but the current
administration was divided along clan lines. [7]
The Hawadle clan, the largest clan in the regions, control the
eastern side of town and the Galje'el clan the western side. [7][8][33]
The Governor of Hiran, Hassan Abdulleh Qalad, the District
Commissioner of Belet Weyne, Adan Abdi Isha and the administrative
offices are located on the eastern side of Belet Weyne. There is
separate administration on the western side of the town. Since August
2000, the two groups have functioned more-or-less separately and
occasionally come together. As
of May 2002 both the local officials referred to above maintained a
neutral position with regards to the TNG and expressed commitment to
participate in initiatives to restore a national government for
Somalia. [7]
5.20
A Shari'a court was established in the eastern side of Belet Weyne in
January 2002. The court gathers tax, whereas the civil administration
does not. The court levies tax on small businesses and on livestock
passing through Belet Weyne en route to Bossaso. Tax is levied on the
eastern side of the town only. Efforts
to extend the court's jurisdiction to all parts of the town were on
going as of May 2002, the Galje'el, who have a history of rivalry,
were reportedly opposed to this. [7]
Galgudud
5.21
The Galgudud
region, adjoining Hiran, has
no formal administrative structure and no regional authority. [7][51]
It is inhabited by a number of clans of which, the Habr Gedir
Clan dominates numerically. There are reportedly no armed militias and
councils of Elders who control the region constitute individual clan's
highest authority. [7]
Gedo
5.22
The Marehan clans dominate Gedo region. The SNF, led by Colonel
Abdirazzaq Isaq Bihi, has been the main Marehan faction operating in
the region, which has also been strongly influenced in the past by the
Islamist Al-Itihaad movement. [7] The El Wak district
of Gedo reportedly remained under the control of radical Islamists as
of mid 2002. [2b]
5.23
During heavy fighting in mid 2002 Bihi reportedly switched his
allegiance form the SRRC to the JVA but was subsequently captured by
Ethiopian forces that frequently operate in Gedo.
[7] He was however released in June and
subsequently participated in peace talks in
Kenya
as a
representative of the SNF. [3d][7]
"
South
West
State
of
Somalia
"
(Bay and Bakool Regions)
5.24
The self-declared SWS administration comprises a President, two
Vice-Presidents, 19 Cabinet Ministers and 19 Deputy Ministers.
Provision was made for the new administration to also include
representatives from the Darod and Dir clans in addition to the
Rahanweyn. The decision to establish the new regional administration
was taken in March 2002 at a meeting in Baidoa of the RRA's central
committee and over 70 Elders from the Digil and Mirifle clans. The
meeting elected RRA chairman, Colonel Hasan Muhammad Nur 'Shatigadud',
as inaugural President of the new regional state. It was agreed that
Shaatigaduud would serve for an initial four-year period and would
consult with Elders over the choice of Ministers. [10r][22a]
5.25
Shaatigaduud said the new
regional government was based upon the building -block principle,
whereby several regional administrations were set up, paving the way
for the formation of a federal Somali government. [28]
However, Shaatigaduud was ousted from Baidoa in October 2002 by forces
loyal to his two deputies in the RRA. [10v]
5.26
The SWS administration lay claim to the Bay, Bakool, Gedo, Middle Juba,
Lower
Juba
and
Lower
Shabelle
regions. However, in
practice the administration only has effective control over Bay and
Bakool. Compared to other
areas of the country, as of May 2002 the administration in Bay and
Bakool was reported to be least influenced by Al-Itihaad and free from
infiltration by the business community. [7]
In
light of subsequent developments in SWS - see above - and paragraphs
the situation outlined in this sub section may have been subject to
significant change.
Puntland
5.27
The autonomous "
Puntland
State
of
Somalia
"
was proclaimed on
23
July 1998
under the 'Presidency' of SSDF deputy leader Colonel Abdullahi Yusuf
Ahmed after a Consultation Conference between the SSDF, the USP and
the SNDU. A nine-member Cabinet was appointed in August 1998 and a
69-member Parliament was inaugurated in September 1998. A charter
released in September 1998 advocates Puntland remaining part of a
federal Somali state based on regional governments. A constitutional
crisis in Puntland in mid-2001 saw Abdullahi Yusuf removed from office
by the Supreme Court Chairman. Traditional Elders elected a new
President, Jama Ali Jama, in November 2001 but Abdullahi Yusuf
remained in control of Galkayo and Garowe and then took control of
Bossaso in May 2002. [1a][2a][23a][23b][24a][24b]
5.28
As of mid 2002 Yusuf reportedly was putting his former administration
back in place. Given that
the Puntland administration had previously operated for over three
years it was expected to survive the period of unease caused by the
constitutional crisis. All
major clans are reportedly committed to the continuation of a
functioning administration in Puntland. [7] In
December 2002 Puntland moved its parliament from Bossaso to Garowe,
the headquarters of Yusuf's administration. [11e] In
May 2003 Yusuf and his opponents signed a peace deal,
this provided the opposition with a number of key positions within the
governing administration, including three ministerial posts, two vice
ministerial and two mayoral. [10an]
Somaliland
5.29
The Isaaq-dominated SNM declared the independence of the north-west as
the "
Republic
of
Somaliland
"
in 1991. Since then
Somaliland
has had a functioning administration with its own police, courts and
taxes, although it has not received international recognition as a
separate state. The SNM authorities have worked with traditional
structures and clan Elders to establish their administration.
To combat crime the government has built prisons in Hargeisa
and other towns, partly funded by shopkeepers.
An increasingly well-organised and partly uniformed police
force of some 4,000 men has been recruited from former militia groups.
Scheduled air services link several towns in
Somaliland
with
Djibouti
,
where they connect with services to many international destinations.
Berbera is a thriving and safe port, handling trade from
Ethiopia
,
and the reduction in clan-based tension within
Somaliland
has allowed the re-opening of many roads. [7][30a][31][32][33][36]
5.30
Since May 1993
Somaliland
has had a Cabinet of Ministers and a Parliament with proportional clan
representation comprised of two chambers each with 75 members; the
House of Representatives and the Council of Elders (the Guurti). [36][19d]
The current constitution provides for political parties; civic
elections in which six parties participated took place in December
2002 and presidential elections took place in April 2002.
[2a][10y]
5.31Clan
tensions within
Somaliland
have diminished. The
Somaliland
authorities administer the area around the cities of Hargeisa, Berbera
and Boroma but its representation is limited in eastern
Somaliland
.
The Darod Warsangeli and Dulbahante clans have established a
semi-autonomous region in eastern
Somaliland
,
effectively governed by regional councils of Elders. The SNM has been
unable to implement taxation in this region, but there has been no
fighting between the
Somaliland
government and the Darod clans. Opposition Habr Yunis militia handed
in weapons in December 1996 as part of an agreement between the
Somaliland
government and opposition clans for ongoing demobilisation. Clashes in
1997 in the eastern town of
Erigavo
between the Isaaq Habr Yunis and Habr Jaalo clans were ended after
mediation by the Darod clans. In September 1998 over 80 Habr Yunis
militiamen joined the official
Somaliland
security forces. Traditional conflict-solving mechanisms in
Somaliland
have survived and are used, along with reconciliation conferences, to
resolve difficulties. [17][30a][31][32][33][34]
Judiciary
5.32
Until 1991 the Constitution provided for the independence of the
judiciary from the executive and legislative powers. Laws and acts
having the force of law were required to conform to the provisions of
the Constitution and general Islamic principles. [1a]
There has been no national judicial system since the fall of Siad
Barre's government in 1991. [1a][2a] Amnesty
Internationals (AI) report covering 2002 states that regular courts
only function in
Somaliland
. [6b]
The judiciary in most regions relies on some combination of
traditional and customary law, Shari'a law, the Penal Code of the
pre-1991 Siad Barre Government, or some elements of the three. [2a][6b]
Some regions have established local courts that depend on the
predominant local clans and associated factions for their authority.
Under the system of customary justice, clans often held entire
opposing clans or sub clans responsible for alleged violations by
individuals. [2a] In Bossaso (Puntland) and Afmadow (
Lower Juba
) during 2002,
criminals were reportedly turned over to the families of their victims,
who then exacted blood compensation in keeping with local tradition. [2a]
5.33
The legal framework throughout the country is inconsistent and weak,
however in
Somaliland
, Puntland and
areas controlled by TNG the court system has been regularised to some
extent. [4] In
trying to bring about judicial reform, UN agencies focus their ongoing
activities on the establishment of new institutions and the
development of capacity within existing institutions. [3c] The
UN independent expert on the situation of human rights noted in his
2002 report that challenges include under-qualified staff, low
salaries, a lack of training and reference materials, gender
inequalities and incoherence insofar as secular, customary and Islamic
laws are all applied in conflicting and overlapping areas.
Consequently, he concluded that this environment lends itself to
significant degrees of corruption and inefficiency. [4] It
is reported that the Islamic group, Al-Itihaad, has brought influence
with judges in some areas of
Somalia
. [7]
5.34
Information obtained by a Nordic fact-finding delegation to
Mogadishu
in 1997
suggested that Shari'a court is divided into civil and criminal court.
However, the judicial system is not man made but based on rules
handed down by Allah. Shari'a
courts also have a "Court of Appeal" though one appeal court
may serve a number of courts, a final appeal may be made to a "
Revision Court
" whose
ruling is final. [35]
Armed
forces
5.45
Since the collapse of central government in 1991 there have been no
national armed forces in Somalia. [14b][16][44]
There had been an estimated 100,000 solders under the Barre regime;
they subsequently joined different factions though many have since
been killed or disabled in fighting. [14b]
Following his election to the TNG presidency in August 2000,
Abdiqassim announced his intention to recruit former militiamen to
create a new national force. [1a]
In November 2000 the TNG announced that all former solders remaining
physically and mentally fit should register in their respective
regional capitals. [14b] By
December 2000 some 5,000 had reportedly began training under the
supervision of Mogadishu's Islamic courts. [1a]
However, as of 2002 the US Department of State made no reference to a
TNG army, only a police force and militia (see below). [2a]
5.46
In August 2001 the self-declared 'Republic of Somaliland' armed forces
was estimated to number 12,900. [1a]
Part of the deal that brought peace to neighbouring Puntland in
May 2003 makes provision for opposition militia members to be
integrated into the Puntland security forces and the position of
commander of either the army or the police to go to the opposition. [10an]
Police
5.47
In March 2001 officers of a new TNG police force began patrolling in
Mogadishu for the first time. The force began tackling makeshift
roadblocks set up by militias. [10d]
As of the end of 2002 the TNG had a
3,500-officer police force but reportedly cannot afford to pay them.
[2a][7] The forces remain in place but are largely confined
to their posts and are unlikely to challenge warlord militias. [7]
As noted in the UN Security Council June 2003 report of the
Secretary-General on the situation in Somalia, within the context of
activities in the area of law enforcement, the establishment of a
professional civilian police force able to gain the trust of the
community it serves is a priority. [3c]
5.48
In May 2002 a British/Danish fact finding delegation visiting the self
declared state of 'South West Somalia' were informed of an "emerging
civil police force" comprising mainly of men transferred form the
RRA militias. In Hiran
the delegation were also informed of a functioning police force
operated under the auspices of the local administration (including the
Shari'a court). [7]
5.49
In February 1999 the 'Mogadishu Times' newspaper reported that the
Puntland administration had announced plans for the recruitment of
6,000 men for a new police force, drawn from militias and members of
the former national police and military forces.
[25c] During 2002 training in human
rights was provided to 44 police officers in Puntland. [3b]
5.50
During 2002 Somaliland allocated more than 60 percent of its budget to
maintaining its armed forces and police force composed of former
troops. [1a][2a] The
police force in Somaliland received 600 uniforms from the
international community during 2002.
Training was also provided to 40 female police students; this
took place at a newly constructed female training barracks. [3b]
Clan
based militias
5.51
According to information obtained by a British/Danish fact-finding
mission who visited Somalia in May 2002 Musa Sude is the only warlord
who has effective control over his militia. Musa Sude achieves this
and thus retains the loyalty of his militia by distributing money
fairly equitably across his forces.
Osman Ali 'Ato' and Hussein Aideed have militias that will
fight for them but they have to provide for themselves on a day-to-day
basis. [7]
5.52
In October 2,000 more than 2,000 gunmen, mainly financed by the local
business community, were recruited to provide security for the new TNG
administration in Mogadishu.
[14b] Though the TNG
had initially announced plans to create a new national armed force
this did not materialise (see above). [1a][2a]
As of 2002 the TNG militia numbered approximately 5,000 persons;
the TNG were reported to be unable to pay them. [2a][7]
Prisons
and prison conditions
5.53
Prisons within Somalia are run by a combination the TNG, the de facto
administrations of Puntland, Somaliland and South West Somalia and
other regional administrations. Warlords also operate prisons in areas
under their control; for example Musa Sude runs a prison for the Abgal
clan in north Mogadishu. [2a][4][6a][7]
5.54
Prison conditions vary from region to region but conditions are
generally harsh and life threatening.
Overcrowding, poor sanitary conditions, inadequate health care
and the absence of educational and vocational training characterise
prisons throughout Somalia. Tuberculosis
is widespread. Abuse of prisoners by guards is reportedly common in
many prisons. The detainees' clans generally
paid the costs of detention. In many areas, prisoners were able to
receive food from family members or from relief agencies.
[2a]
5.55
The Ismail Jumale Centre for Human Rights in Mogadishu visited prisons
in the city during 2001. The Somaliland and Puntland administrations
permitted prison visits by independent monitors during 2002.
Human rights defenders' in Somaliland
referred to poor prison conditions there during 2001. [6a]
AI reports that prison conditions in Mogadishu are particularly
harsh. [6b] When,
in September 2001, the UN Independent Expert on Human Rights visited
prisons in Hargeisa and Mogadishu and reported that conditions had not
improved in the three years since his previous visit. [2a]
In his 2002 report the UN expert identified prison conditions as
one of several key human rights issues in the country, he did not
visit Mogadishu during his 2002 visit, or during his visit in 2003,
when he described the prison in Hargeisa, Somaliland as the worst in
the area. [4][10bu]
5.56
Pre-trial detainees and political prisoners were held separately from
convicted prisoners. Men and
women were reportedly housed separately in prisons visited by
observers. Convicted
juveniles continue to be kept in jail cells with adult criminals. [2a]
In addition, the practice of parents having their children
incarcerated when they want them disciplined continued during 2002;
these children were also reportedly held with adults. [2a][4][6b]
Authorities in both "Somaliland" and "Puntland"
cite a lack of resources as an obstacle to providing separate
facilities for juveniles. [4] Members
of minority groups are reported to make up a disproportionately large
percentage of the prison population. [2a][6b]
Military
Service
5.57
A national service programme existed until 1991 under the Siad Barre
administration; since the collapse of his government this has ceased
to apply. Conscription
had been introduced in Somalia in 1963 but was not implemented until
1986. All men aged
between 18 and 40 years old and women aged between 18 and 30 years old
were liable to perform national service for a two-year period. There
were reports of forced conscription under Barre's administration,
including recruitment of minors; it is not clear whether women were
also conscripted. [44]
Conscientious
objectors and deserters
5.58
There were no provisions for conscientious objection during the time
conscription was in force. However,
it is not clear whether the law was enforced systematically.
[44]
Recruitment
by clan militias
5.59
There is no tradition of forced recruitment in the various armed
Somali clan militias. Militias
are apparently able to recruit their members on a voluntary basis.
Refusal to join a clan militia would reportedly not have any negative
consequences. [44] Although
minorities have usually been able to avoid involvement in clan
disputes they have sometimes come under pressure to participate in
fighting in areas of conflict. [35][36]
Demobilisation
initiatives
5.60
The Rule of Law and Security Programme, formally known as the
Demobilisation Task Force of the Somalia Aid Co-ordination Body
operates under the auspices of the UNDP Somalia Civil Protection
Programme. It is involved
in the planning and co-ordination for demobilisation and reintegration
work. Meeting regularly
in both Somalia and Nairobi (Kenya) this body addresses issues such as
rule of law initiatives to strengthen the protection of vulnerable
groups, particularly women and children. [3a]
5.61
The Rule of Law and Security Programme aims to reinforce peace and
security and enhance economic and social recovery through the
establishment of a secure enabling environment.
Aims of the project include enhancing the rule of law, which
focuses on policing, and administration of justice. [3a]
It is reported that some progress has been made with projects
undertaken under the provisions of this programme in both Puntland and
Somaliland. [3b]
5.62
The October 2002 Security Council report refers to research by UNESCO
into the progress of 450 militia demobilised earlier in 2002, this
found 63% to be in gainful employment.
UNESCO plans to continue monitoring their progress and may
expand their programme to other parts of southern and central Somalia.
[3a] The UN Security
Council report that during 2002 an unnamed local NGO based in
Mogadishu worked in conjunction with UNICEF to support the
reintegration of 120 former child solders into the community through a
programme of vocational training, conflict revolution and trauma
counselling. Private
sector companies in this project provided participants with employment
opportunities following their training. [3a][3b]
The project was successfully
completed in the first half of 2003 and a second phase operating
in Mogadishu, Merka and Kismayo has reportedly commenced. This aims of
providing rehabilitation opportunities for 420 former child soldiers. [3c]
5.63
During 2002, demobilisation of former militia into the TNG police
force ceased due to lack of funding. [2a]
The UNDP were active in demobilisation, disarmament and
reintegration programmes in both Somaliland and Puntland.
[3a]
Medical
Services
5.64
A lack of adequate health care is one of the biggest problems facing
Somalis today. According to figures reported the International NGO, Médecins
Sans Frontières (MSF) in December 2002, 72% of the population has no
access to healthcare. [5]
MSF estimated in 2002 that the country has less than 15 qualified
doctors per million people; World Health Organisation (WHO) statistics
dating from 1997 then suggested a ratio of 4 doctors per 100,000
people. [5][16] Most
trained health care workers fled the country during the 1990s.
The same organisation describe the public health sector as
being in a lamentable state and report that a high proportion of staff
providing services are untrained or have 'questionable qualifications'.
[5] In 2001 an assessment of the country situation based on
information from the World Health Organisation (WHO) referred to the
widely held perception that Somalia was without any governmental or
institutional infrastructure capable of supporting the development and
expansion of family health care. [40]
5.65
The actual situation does vary within different parts of the country
although the few health workers who remain tend to be based in the
more secure urban centres. [5][14g][40]
In Mogadishu there are two
public hospitals with facilities to perform certain surgical
procedures; the 127 bed Keysaney hospital, a former prison
located 7 KM north of the city and the 65 bed Medina hospital that
serves the south of the city. Much surgery is undertaken on the
victims of gunshot wounds. [14g]
Other hospitals in Mogadishu include the Benadir and Al-Hayat; both
have larger capacities and the Forlinini, which treats patients with
chronic diseases such as tuberculosis and leprosy.
[9d][29b][40] Security for medical personnel is a particular
problem in Mogadishu; unknown gunmen killed a leading eye specialist
in July 2003. Since 1990 a total of 27 doctors and 50 other health
professionals have been killed, others have been injured or abducted;
many medical staff have reportedly left the country. [10ap][10be]
5.66
Public hospitals in Galkayo (Mudug) and Baidoa (Bay and Bakool) serve
enormous areas. In
2002, there were reports that these hospitals were beset with
insecurity, lack funding, equipment, qualified staff and drugs. [5]
The hospital in Bossaso, Puntland is reportedly equipped to deal
with minor cases, more serious cases are reportedly sent to Dubai. [4]
Puntland and Somaliland have Somalia's only two nurse training
facilities; these are located in Bossaso and Hargeisa respectively.
However, even in this part of the country facilities and
resources are severely limited; the whole of eastern Sanaag
(Somaliland), for instance, had only one doctor in 2001.
[5] In June 2003 Somalia's first medical college since 1991 opened
in Mogadishu. The Benadir
University Medical College is to be funded by Somali doctors and
annual fees of US$1,500 from each of the students.
It is reported that some Somalia doctors in the Diaspora have
agreed to come to Mogadishu to teach at the hospital in rotation.
There are 22 students who have been attending classes since
2002; half of these are women. In
future the facility expects to take 50 to 60 students per year. [10aw]
5.67
The Somali private health sector has grown considerably in the absence
of an effective public sector. Of the population who get any care at
all, about two thirds of them get it from the private health sector.
The growth has thrown up a range of problems.
These include the dispensing of out of date drugs,
over-the-counter drug prescriptions and inadequately trained staff can
lead to misdiagnosis. Private
health care is characterised by high charges for services - pricing
the poor out of health. [5]
5.68
Aid agencies have attempted to fill the gap in areas where health
services and structures have all but collapsed. They struggle to
provide health care in remote areas, where reaching the patients is a
major problem. Insecurity
is among the main reasons for this; however, the sparse distribution
of NGOs means that the sheer distances that patients outside urban
areas must travel are also an obstacle to them obtaining health care.
[5] The ICRC was
involved in opening both surgical hospitals in Mogadishu.
Keysaney was opened in February 1992 by the International
Committee of the Red Cross (ICRC) together with the Somali Red
Crescent Society on the site of what had been a prison; the latter
organisation took over its running in the mid 1990s due to security
concerns. Responding to the urgent need for access to surgical care by
the community in Mogadishu South the ICRC supported the reopening of
Medina Hospital in 2000. [14g]
5.69
The
UN have had success in its immunisation strategy for Somalia and, as
of mid 2003, had established over 100 fixed sites offering daily
tuberculosis, DPT, oral polio and measles vaccinations for children,
as well as tetanus toxoid vaccinations for pregnant mothers.
Careful planning and training has also allowed vaccination
drives to take place in regional capitals. In the first half of 2003
the programme was extended to several district capitals for the first
time. Various nation-wide vaccination campaigns have also taken place.
[3c]
5.70
With less than
a quarter of the population having access to clean drinking water and
under half having adequate sanitation the risk of acquiring
water-borne diseases is high. [5][29b]
In the capital, it is the IDPs who live in camps around the city who
are reportedly most lacking in proper sanitation. [9d]
Diarrhoea, dysentery and typhoid fever are common whilst Cholera
outbreaks are an annual occurrence and have been an increasing cause
for concern among aid agencies. [5][9d][29b]
However, abundant rain
during 2002 has considerably reduced the incidence of cholera. [3c]
The country has one of the highest incidences of Tuberculosis in the
world; malaria is also a major cause of mortality. [5]
HIV/AIDS
5.71
AIDSOM, a group campaigning for AIDS awareness in Somalia, report that
the number of HIV/AIDS cases in Somalia was increasing, particularly
in Mogadishu. [10o] AIDSOM,
which was formed in June 2001 by a group of young people whose lives
had been touched by AIDS, has offices in Mogadishu, Baidoa and
Garbaharrey. [10o] [10s]
In October 2001 AIDSOM reported that it had registered 350 cases,
however doctor's view at the time was that the true figure was
probably higher. Keysaney
Hospital in northern Mogadishu reported 102 cases between 1993 and
2001. There is no compulsory screening for HIV/AIDS in Somalia. [10o]
5.72
In July 2002 AIDSOM held the first ever public awareness demonstration
in Somalia focused on HIV/AIDS in the coastal town of Merka. [10s][51]
Organisers reported that they experienced no harassment and were
largely welcomed by the public but acknowledged that in some areas
campaigners were forced to leave.
The head of AIDSOM acknowledged the difficulties faced in a
society where there is little awareness of
the disease. Ignorance, mixed with denial of the disease are the
biggest problems AIDSOM have faced, even those of the population that
are educated frequently decline to accept it can happen. The
organisation indicates its intention to continue its awareness
campaign to other areas of the country.
[10s]
UN agencies and their partners also promote HIV/AIDS prevention and
control and are engaged in awareness raising activities in Somalia;
during the first half of 2003 the World Bank re-engaged in Somalia and
has been supporting this work. [3a][3c]
5.73
In Somaliland during 2002 UNIFEM were reported to be helping the
authorities develop a gender-responsive policy on HIV/AIDS.
[3a] During the
first half of 2003 two workshops on gender and HIV/AIDS were held for
60 policymakers form the Somaliland and Puntland.
In this period capacity was enhanced for 15 HIV/AIDS
counsellors based at the Boroma Tuberculosis
Hospital in the Adwal region in Somaliland where additional materials
and equipment were provided. [3c]
People
with disabilities
5.74
In the absence of a functioning central state, the needs of people
with disabilities are not addressed. However, there are several NGOs
in Somaliland that provide services for people with disabilities. [2a]
MSF estimate that there are approximately 1,500 amputees as a result
of landmine casualties within Somaliland alone. [5]
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