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6.B
HUMAN RIGHTS - SPECIFIC GROUPS
Ethnic
Groups
6.79
Somali society is characterised by membership of clan-families,
which are sub-divided into clans, and many sub-clans (clan members
are classified as ethnic Somali), or minority groups (minority
groups are usually defined as those of non-ethnic Somali origin) and
any political affiliation generally follows clan lines. [8][32]
Somali
clans
6.80
The clan structure comprises four major "noble"
clan-families of Darod, Hawiye, Isaaq or Dir. "Noble" in
this sense refers to the widespread Somali belief that members of
the major clans are descended from a common Somali ancestor, and
that the minority clans/groups have a different, usually mixed,
parentage. [7][32] More
than 80% of the population shares a common ethnic heritage, religion
and nomadic influenced culture. [2a]
Two further clans, the Digil and Mirifle - collectively
referred to as Rahanweyn (see below), take, in many aspects, an
intermediate position between the main Somali clans and the minority
groups. [7]
6.81
Most Somalis ensure their personal safety by residing in the 'home
areas' of their clan, where they are assured full status and
protection by their kinship group. This may in effect mean a form of
internal displacement, even for some people in Mogadishu, who have
to move from their actual homes in the city to traditional clan
areas elsewhere. [38]
6.82The
dominant clan in any particular area has generally excluded other
clans and minorities from participation in power. [2a]
An individual will be most secure in an area in which their clan
is dominant and able to afford them protection. However, the
Majerteen-dominated Puntland authorities have been willing to allow
thousands of people from other clans and minorities to live in the
territory they administer. Similarly, the Isaaq-dominated Somaliland
authorities have been tolerant of non-Isaaq clan members living in
their territory, even Ogaden clan members who moved into the area
under Siad Barre's administration. The authorities in the central
Hiran and Galgudud regions have also proved tolerant of Somalis from
other clans and regions travelling into their territories and, with
consent, settling there. [31][32][36]
6.83
After the fall of
Siad Barre's Marehan-dominated administration in 1991 thousands of
Marehan in Mogadishu died in the ensuing fighting at the hands of
the Hawiye-dominated USC militia. Many Marehan consequently fled to
their home region of Gedo but some have been able to return to
Mogadishu and generally do not face persecution. [33][34][35][36]
6.84
In south and
central Somalia rival Hawiye factions control much of the territory.
The rival members of other clans, such as the Digil and Dir,
also live in these areas but are not directly involved in the
conflict. However,
whilst they are not a target of general persecution by the parties
to the conflict they risk becoming victims of hostilities. [33]
[36]
The
Rahanweyn clans
6.85
As reflected in the British/Danish Nairobi fact-finding report on
Minority Groups in Somalia, published in December 2000 the
Rahanweyn clans, comprising the
Digil and Mirifle, are considered as a minority group by some
experts and related to the major Somali clans by others, though
considered as less 'noble' by others.
However, the Digil and Mirifle were included as one of the
major Somali clan-families and allotted 49 seats (including 5 for
women), distinct from the recognised official minorities who formed
a separate grouping when seat allocations for the TNG were decided
upon at the Arta conference of 2000. [8]
6.86
The Rahanweyn clans were largely excluded from political
participation in the Rahanweyn-populated Bay and Bakool regions
following their capture by General Aideed's Hawiye-based USC/SNA in
September 1995, when the Rahanweyn-supported SDM regional
administration was ousted. Since then the RRA has fought to reassert
Rahanweyn control, capturing Huddur town from the USC/SNA in October
1998 and taking Baidoa in June 1999 with Ethiopian assistance. The
RRA set up a regional administration for Bakool region in December
1998. [11a][15a][20][33][36]
In March 2002, the RRA set up a new regional administration,
SWS, effectively covering Bay and Bakool but claiming to cover other
regions. [7][28]
Minority
Groups
6.87
Minority groups within Somalia include the Bajuni, Bantu, Benadir,
Bravanese, Eyle, Midgan, Tumal and Yabir.
As with the majority clans several of these individual groups
are divided into sub groups. The
minority groups were the only people in Somalia who, when Siad Barre
was overthrown in 1991, did not have their own armed militia to
protect them. During
the civil war minority groups were among the most vulnerable and
victimised populations in the country. [8]
Certain minority groups, most notably the Benadiri and Bravanese,
have been particularly disadvantaged and targeted by clan militia
since the collapse of central authority in 1991. [7][8]
6.88
Minority groups are not evenly distributed throughout Somalia; there
is a higher concentration in the control and southern parts of the
country. [8] However,
some groups, such as those with special occupational skills (see the
section on Midgan, Tumal and
Yibir below) are more likely to be found in different parts
of the country. Other members of minority groups have, in some cases,
been able to settle outside their traditional areas. [8][31][33]
General
security position for minority groups
6.89
Generally, minority groups remain unarmed and, according to the US
Department of State have limited access to whatever social services
are available, including health and education. [2a][8]
Minority groups are generally excluded from participation in the
political system; however, they are represented in the TNA. [2a]
Politically weak social
groups are less able to secure protection from extortion, rape and
other human rights abuses by the armed militia of various factions
and remain somewhat vulnerable wherever they reside.
[2a][38] In its report covering 2002 AI refers to female members
of minority groups being particularly at risk of rape at the hands
of faction militias and other gunmen. [6b]
6.90
As with Somalia as a whole, an individual in Mogadishu will be most
secure in an area in which his or her clan is able to afford them
protection. Members of small clans and minority groups are
inevitably at more risk. However,
some minority groups, such as the low-caste Midgan, Tomal, Yahar,
Ayle and Yibir may risk harassment by Somali clans in rural areas,
do not necessarily find themselves facing particular human rights or
security problems in Mogadishu. [35]
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. This happened to the Midgan in
Mogadishu following the collapse of the Barre administration. [36][35]
6.91
While many displaced minority groups would not necessarily face
persecution on the basis of clan membership or ethnicity were they
to return to their home areas, they may well face difficulty in
regaining their homes and land which were seized by clan militia
which took control of their territories. Members of smaller clans
and minority groups such as the Bantu have been able to settle in
Somaliland and Puntland. As minorities often have skills such as
weaving, fishing and building (see below) they are often
economically better off than ethnic Somalis. Persecution solely on
the basis of clan membership or ethnicity is now very unlikely in
most areas of Somalia. [7][36][31][33][34]
Bajuni
6.92
The small Bajuni population, numbering some 3,000 to 4,000, possibly
as many as 11,000, are mainly sailors and fishermen who live in
small communities on the coast south of Kismayo and on islands
between Kismayo and the border with Kenya. The Bajuni are of mixed
Arabic, Bantu, Somali and possibly Malay ancestry. Their principal
language is Kibajuni, a dialect of Swahili. Bajuni Elders who met
with the delegation of a joint British-Danish-Dutch fact-finding
mission on Somali minority groups to Nairobi in September 2000
informed the delegation that most Bajuni also speak Somali. The
Elders stated that younger Bajuni, who have lived mainly in exile,
might only have a limited knowledge of Somali but they stressed that
they should know at least some key words in Somali as their family
Elders would have taught them. The Elders stated that the Bajuni do
not regard themselves as a Benadiri people, although they had some
trading links with the Bravanese people. [8][43]
6.93
The Bajuni had traditionally held a low status in Somalia. As Siad
Barre's administration collapsed in the early 1990s, the Bajuni were
attacked by groups of Somali militia who wanted to force them off
the islands. Many Bajuni left Somalia for Kenya, the majority having
fled during 1992. Some Bajuni earned money by transporting refugees
out of towns such as Brava and Kismayo to Kenya. In Kenya the Bajuni
went to the Jomvo refugee camp in Mombasa. When the Jomvo vamp was
closed in 1997 many Bajuni were returned by the UNHCR to the Bajuni
islands, which at the time were considered safe. However, with the
fall of Kismayo in 1999 to the allied forces of the SNF and Aideed's
SNA, and subsequent attacks on the Bajuni islands, the UNHCR
suspended returns. [8][43]
6.94
A visit by a UN official to the Bajuni islands in early 2002
found 3,000 Bajuni families living on the islands, compared to only
50 in 1994, after most Bajuni had fled the invading Marehan. Elders
stated that the position of the Bajuni had improved of late. Bajuni
were able to return to their home areas, although they were still
not able to own boats with engines, only traditional sailing boats.
Recent Marehan settlers still have effective control of the islands.
Bajuni can work for the Marehan as paid labourers, which is at least
an improvement over the period when General 'Morgan's' forces
controlled Kismayo and the islands, when the Bajuni were treated by
the occupying Somali clans as little more than slave labour. With
the Bajuni, their position is more one of denial of economic access
by Somali clans than outright abuse. [7]
Bantu
6.95
The Bantu, the largest minority group in Somalia, are an
agricultural group found in pockets, usually in the river valleys of
southern Somalia in Hiran region (the Reer Shabelle and Makanne
groups), Gedo (the Gobaweyne), Lower and Middle Shabelle (the Shidle
and 'Jereer') and Lower Juba (the Gosha). [2a][7]
There are also several other Bantu groups, it is also the case
that some Bantu have settled in other parts of Somalia. [8]
Some Bantu have adopted Somali clan identity while others
maintain their East African tribal identity. Some Bantu are
descendants of pre-Somali Bantu populations while others are
descendants of slaves taken from East Africa to Somalia. [7][36]
Other Somalis, including those of Bantu origin commonly refer to
Bantu as "Jarer". [6b][8]
6.96
The Bantu did not take part in the civil war and are therefore not
in danger of recriminations or reprisals, but they were displaced by
the fighting and often lost their land along the Juba River and in
the Middle Shabelle region. According to the UNHCR many Bantu
preferred to resettle in their ancestral lands rather than stay in
Somalia, however many Bantu have since returned to the country. [7][36]
In September 2000 Bantu Elders suggested to a British/Danish
fact-finding delegation visiting Nairobi that there were a number of
regions where the Bantu population were actually in the majority in
numerical terms. [8]
Some Bantu have also found work in the construction industry in
Somaliland. [36] The
Bantu are represented by Somali African Muki Organisation (SAMO)
which is aligned to the SSA (see
Annex C); SAMO aligned itself with the G8 group at
the Eldoret/Nairobi peace talks. [10bc]
6.97
Conditions for Bantu reportedly vary according to the region in
which they live. [7][8]
As stated above Bantu
have been largely displaced along the Juba and Shabelle rivers. They
are usually able to remain in their home areas, to work mainly as
labourers for the Somali clans (mainly the Marehan, Ogadeni and Habr
Gedir) that have taken their traditional land. They can usually
retain about 10% of their land for their own use. [7]
However, in some cases Bantu work as plantation labourers in what
Bantu elders describe as situations of near slavery. [8]
Bantu try to link themselves to the dominant Somali clans that
have dispossessed them of most of their land, as, for their own
security, they still need their protection. [7][8]
However, in Bay and Bakool Bantu have largely been incorporated into
the Rahanweyn clan structure and are able to retain their land.
Bantu that have assimilated themselves with the indigenous
clans they live with are reportedly known as 'sheegato', which means
they are not bloodline clan members, but adopted. [7]
Benadiri
and Bravanese
6.98
The Benadiri (an urban people of East African Swahili origin, living
mainly in the coastal cities of Mogadishu, Merka and Brava) and
Bravanese (a people long established in the city of Brava, believed to
be of mixed Arab, Portuguese and other descent), suffered particularly
badly at the hands of armed militia and bandits as their home areas
were fought over by the competing USC factions and the SPM. USC/SNA
forces in particular singled out the Benadiri and Bravanese, with a
campaign of systematic rape of women. Members of the minority
populations, such as the Reer Hamar, the original Benadiri population
of Mogadishu (known in Somali as Hamar) living in the Hamar Weyne and
Shingani districts found themselves particularly exposed at times of
heavy fighting. Most
homes belonging to the Reer Hamar in Mogadishu have been taken over by
members of Hawiye militias. [1a][8][36][32][33]
[35][43]
6.99
Information obtained by a British/Danish fact-finding delegation in
May 2002 suggests that Bravanese have mostly fled from the coastal
town of Brava, although some are still living in the town, which is
controlled by the Habr Gedir. Information
suggested that Bravanese who remained faced abuses forced labour,
sexual slavery and general intimidation. [7]
Hamar
Hindi (Indians in
Somalia)
6.100
The small Indian community in Somalia numbered, at the most, 200
families, who were mainly engaged in cloth dying in Mogadishu and, in
fewer numbers, Merka. Indians established businesses in Somalia during
the 1940s and 1950s. There were also some Indians recruited by the
Italians in the 1940s and 1950s as foremen on plantations, mainly
around Qoryoley. The Indians were mainly from the Bohora community,
which is also present in Mombasa, Kenya, and were mostly Muslims.
There had also been approximately 200 Indians in Kismayo at one time
but they had left the city, mostly for Mogadishu, by the early 1980s.
The Indians were recruited directly from the Indian sub-continent
rather than from the established Indian community in former British
East Africa. Traditionally, Indians and Somalis were business rivals.
Virtually all Indians had left Somalia by the time that Siad Barre's
regime fell in 1991, mostly relocating to Mombasa. [7]
6.101
The name “Hamar Hindi”, meaning “Mogadishu Indians”, was
applied to the Indian community in Mogadishu. Indian businesses were
concentrated in an area that was also known as Hamar Hindi, a small
area near the fish market and national museum, close to the Hamar
Weyne district (district names in Mogadishu tend to relate to the
original home of the inhabitants, e.g. Shingani is named after an area
in Tanzania from where the original inhabitants had been brought as
slaves). [7]
6.102
All Indians in Somalia could speak Somali, usually to a good standard
but at the very least all would have had a basic command of the
language. In the cities, the Indian businessmen would have had to
speak Somali to be able to engage in business activities. Likewise,
the Indian foremen on the Italian plantations, who each managed
between 100 and 150 plantation workers, had to speak Somali in order
to communicate with their workforce. Also, under Siad Barre's rule,
society was much regulated and a good command of Somali would have
been essential for Indians to be able to deal with official
bureaucracy. [7]
Midgan,
Tumal and Yibir (the occupational castes)
6.103
The Gaboye/Midgan (usually
referred to as the Midgan but also known as the Madhiban),
Tumal and Yibir (a group said to have Jewish origins) traditionally
lived in the areas of the four main nomadic clan families of Darod,
Isaaq, Dir and Hawiye in northern and central Somalia. [7][8][35][36]
In the last few decades many of them migrated to the cities, these
groups are now scattered throughout the country but are mainly found
in northern and central regions; Midgan have been able to settle in
Puntland. [7][35][36] The
Midgan, Tumal and Yibir are called "occupational castes" as
they traditionally perform specialist services and settle in areas
where they obtain protection from a clan and build up an economic
activity. [8][36][35]
6.104
The Midgan, or Madhiban, have always been placed at the lower end of
Somali society, but their position improves at times of stability and
recovery. In some areas their position can even be slightly better
than that of so-called 'noble' Somali clans. Midgan can trade freely,
although they are usually unable to own property and livestock. [7]
Although Midgan may have been easy prey for clan militias during the
civil war, their situation improved and Midgan do not face depredation
at the hands of militias or face persecution merely because of their
ethnic origin. [33]
Women
6.105
Women and children suffered disproportionately heavily in the fighting
following the fall of Barre's administration. [2a][31][32]
There were large numbers of rapes, abductions and forced marriages of
women by the warring militia, especially in 1991-92, which has
stigmatised the victims. [8][30a][32]
Many women, who would traditionally have had the protection of men
in their parents' and husbands' clans, have been left to head their
families with the breakdown of normal structures. [36][31]
Most vulnerable have been women who have been internally displaced
within Somalia, who have lacked the protection of powerful clan
structures, and those from minority clans and ethnic minorities. [30a]
General
legal provisions relating to women
6.106
In the June 2003 report of the Secretary-General on the security
situation in Somalia, reference is made to a rapid assessment of
women's justice. According
to this, women are generally disadvantaged under all three systems of
law that operate in Somalia. It
is noted that whilst each provides a measure of protection, all
systems (namely civil, customary and Shari'a) remain inadequate and
contradictory to an extent, leaving women vulnerable and
insufficiently protected. The
report notes that there are an "almost negligible number of women"
in service within the judicial process. [3c]
6.107
Laws made by the
former central government allowed female children to inherit property
but only half the amount to which male siblings were entitled. [2a][36][32]
In the traditional practice of blood compensation and under
Shari'a law, those found guilty of killing a woman must pay only half
as much to the victim's family as they would if the victim was male. [2a][7]
While polygyny is allowed polyandry is not.
The TNG charter, not implemented at the end of 2002,
contains provisions that prohibit discrimination on the basis of sex
or national origin. The Somaliland Constitution also contains
provisions that prohibit discrimination on the basis of sex or
national origin. The
TNG charter provides for universal suffrage as do both the Puntland
and Somaliland administrations. [2a]
Women
in Government
6.108
Women have historically been excluded form the political process;
whilst they have played important background roles in various factions,
high-level office has been reserved for men. [36]
However, women's groups played a prominent role in the Arta Conference
of 2000 and were allocated 25 reserved seats in the TNA in Mogadishu. [2a][7][8]
This represented a major breakthrough in women's rights and was
the first time that women had been guaranteed parliamentary
representation in Somalia. [8]
At this time TNG leader Abdiqassim
spoke of the important position of women and stated his intention of
including women in his Government, but as of mid 2002 women held only
four out of 75 ministerial posts in the TNG.
[7][8] In Puntland,
five seats are reserved for women in the 69 seat House of
Representatives. There are no women in Somaliland's parliament. [2a][7]
6.109
As of June 2003 women comprised 35 of the 362 official delegates
at the Kenya peace talks. Most
of these women are from privileged groups and have been able to spend
some or all their time outside Somalia since 1991.
A recurring theme in the women's agenda at the peace conference
is a 25 percent female representation in the new government.
Most male delegates at the talks reportedly support the concept
of greater women's involvement but this has not translated into
overwhelming backing for the women's agenda.
Delegates favoured bringing the issue of women's representation
to a vote but voted against 25 percent representation.
Delegates agreed instead on women having 12 percent of seats,
this is however slightly more than they were allocated at the Arta
conference. [10bi]
Position
in society and discrimination
6.110
The position of women in the patriarchal Somali society is largely
subordinate and societal discrimination is widespread.
[2a][36] Several
women's groups in Mogadishu, Hargeisa (Somaliland), Bossaso (Puntland),
and Merka (Lower Shabelle) are actively involved in promoting equal
rights for women. Such
organisations advocated the inclusion of women in responsible
government positions and participate in peace building programmes. [2a][7]
UN agencies work with women's groups in Somalia and are actively
involved in initiatives aiming to promote the elimination of all forms
of discrimination against women. [3a]
6.111
A widowed woman would usually receive protection from her husband's
clan. A widow and her children may be taken in by the direct family of
her husband, whose brother, under the 'dumal' principle, would have
the opportunity of marrying her. This traditional approach ensures
that a widowed woman would only rarely find herself without
protection. Although marriage is usually within the same sub-clan,
inter-marriage across clan lines does occur. Only in exceptional cases
does this present a difficulty for a widow. [36]
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