WUNRN
Global Education Magazine – December 20, 2014
Somalia - Sexual
Violence in Mogadishu: Ending Impunity Is Far from Reality - Research
AUTHORS
*Ifrah Ahmed, Communication
Advisor, Minister of Women and Human Rights, Somali Federal Government. Human
rights defender working to fight Female Genital Mutilation (FGM) the practice,
worked before in Ireland and currently in Somalia. Ifrah, also works as a
social workers with various NGOs and hopes to make a difference for women and
girls of Somalia..*Patrick Mugo Mugo, Director
and Conflict Researcher, Trans-Link Advisory. Specialties: Peace and
Conflict Studies, Correlation between Conflict Transformation and the Changing
Structures of Rural Economy; Media and Conflict; Religious Extremism and
De-Radicalisation.*Ahmed Ismail, Director
and Human Rights Researcher at Trans-Link Advisory, expert on human rights,
rule of law, refugees and IDPs rights, conflict analysis and human trafficking..
Abstract: More than
twenty years of statelessness and related insecurity, including the
proliferation of armed groups, the fragmentation of politics along clan-based
lines, economic disruption and large scale population displacement, have had
dire consequences on the rights and protection of women and young girls in
Somalia; resulting in an increase in gendered patterns of violence as
disillusioned and armed young men have been turning against women and girls
with impunity.Implicated are Africa Union Mission to Somalia (AMISOM)
peacekeepers, government soldiers and some men within Internally Displaced
Persons (IDPs) in Mogadishu, with allegations that tantamount to protector
turning to perpetrator and exploiter. Despite all this, perpetrators and
exploiters are rarely ‘formally’ prosecuted due to judicial and police force
institutional incapacity and in other cases, the lack of recognition of the
crimes themselves. Beyond stigma and shame that confine survivors to a ‘culture
of silence’ there is also the fear of reprisal in cases where the
perpetrator(s) is known to the survivor(s) making it difficult to find
survivors and witnesses willing to come forward to testify talk less of seeking
prosecution. In other cases, survivors are not able to differentiate who is who
among the perpetrators in uniform, either from the military, police, or armed
militias. Sexual abuse in armed conflict has a long history and has always been
considered faultily, as normal wartime behaviour particularly in Somalia; with
perpetrators acting with unreserved impunity. This behaviour is now becoming a
growing concern. Critical to peace, stability and reconciliation is the
question of protection of human rights of the most vulnerable and where such
has been violated, then justice, protection and prevention must be administered
by those shouldering responsibility.
.INTRODUCTION
In
the recent past the Somali government with support from the African Union and
the United Nations has made positive strides towards resolving its two decades
protracted conflict by containing the high level of violence and its complex
humanitarian crisis. Despite that, widespread violence is exposing its most
vulnerable population to Sexual and Gender Based Violence. Women and girls “in
Mogadishu and surrounding areas” have been victims to acts of ‘sexual violence’1 with victims being “subject to repeated
and systematic sexual violence” and among those implicated “are members of
organised armed groups and Somali security forces” (UN, 2013, p.14). The women
and girls who participated in the focus group discussion hailing from various IDPs2 camps in Mogadishu said they live under
fear due to abuses by armed groups members especially when going to the bush to
collect firewood with some of them being raped or assaulted to extent that some
have opted to sending their male children or relatives to the bush to collect
firewood.
Fig
3. Focus Group Discussion at Al Cadaala camp IDP,
Mogadishu by Ifrah Ahmed, October 13th 2014
Human
Rights Watch report3 notes that while its research hasn’t
found “a pattern of abuse that could be considered systematic” the rights body
“findings raises serious concerns about abuses by AMISOM4 soldiers against Somali women and girls”
with survivors of sexual exploitation expressing feelings of “powerless” to
fearing “retaliation or retribution, as well as the stigma and shame that the
abuse could bring” and others, despite being engaged in exploitive
relationships feared loosing “their only source of income” (HRW, 2014,
September, p.25). In Mogadishu “between January and November 2012, over 1,700
rape cases” were registered by various service providers and notably, “almost
one third of the recorded incidents” being perpetrated against children “some
of them boys.” The reports made notes of the correlation between the “spike in
the numbers of incidents recorded between April and July” in 2012 and the
“intensification of military operations against Al-Shabaab” (UN, 2013, p.14)
within Afgoye and Bala’d corridors near Mogadishu.
This
complex of factors does complicate survivors quest for justice and protection.
Claire Brown, a legal officer from Legal Action World Wide says’ “the very
first problem actually is that at the moment nobody even wants to go to the
court. So even if you need urgent medical attention first you have to go to the
police station – where the police may harass you, they may not accept the
claim– there is so much likelihood that she will be harassed at the different
stages – and there is so much likelihood that the case would be dropped at any
one of these stages” and in the end women are very reluctant to pursue any
prosecution due to the trauma that the process might exposes.
Brown,
further notes that survivors’ pursuit for justice is compounded by fact that
there “is only one hospital in Mogadishu that provide medical certificate and
it is military hospital. So if the attack is by someone from the military or
the security forces the doctor would probably not provide the certificate” yet
the woman or the girl after going all the hurdles has to go back to the police
for them to determine if there is case to be investigated. In context, the
“unequal status of women and girls” within Somali society “sharply increases
their vulnerability” to many forms of violations key among them “gender-based
violence during humanitarian crisis” as with any individual or family
displacement more so due to conflict and drought, existing “community support
structures” are disrupted exposing them to “unsafe physical surrounding” (Ibid)
thereby increasing their vulnerability to exploitation. In the view of Human
Rights Watch the “extreme vulnerable” of Somalia women and girls and the
“differential power relations” (HRW, 2014, September, p.28) between those who
are supposed to protect them has created an environment for ‘sexual
exploitation5’.
RESEARCH
METHODOLOGY
The
research applied qualitative method and in this case desktop literature review
and interviews were employed during collection that was later analysed between
October and November 2014. The literature review was done through analysis of
reports, books, journals, conference proceedings and presentations in effort to
gather information on trends of sexual violence, exploitation and abuse in
Mogadishu. Data collection was done through interviews6 and focus group discussion based on
non-probability sampling with survivors of sexual violence, relatives,
community members, government officials, UN, AU and human rights activist.
Methodological
Considerations
The
insecurity within Mogadishu was a key factor and curtailed the freedom of the
researcher but also critically the freedom of respondents. Key consideration of
the research was the need to exercise sensitivity and precaution when
conducting the interviews with survivors whose privacy and condition warranted
the need to conceal their identity and location. A challenge to the research
was failure by AMISOM to respond to questionnaire despite being implicated by
rights agencies on sexual exploitation and abuse, a key thematic area of this
study. In effort to compensate for that, the research had to review AMISOM and
member countries statements and action. The prevailing violence and stigma
associated with the rape survivors was a key restricting factor and all efforts
were put in place so as not to risk the life of those who had agreed to
participate in the research.
SEXUAL
VIOLENCE & ABUSE IN SOMALIA
Since
1991, Somalia has had no credible functioning centralised governing authority
and in its absence, the protracted conflict has evolved into “violations of the
laws of wars, including unlawful killings, rape and torture” that have been
orchestrated by “all parties to the conflict” thereby “causing massive civilian
suffering” (Ibid). In context, the “unequal status of women and girls” within
Somali society “sharply increases their vulnerability” to many forms of
violations among them “gender-based violence during humanitarian crisis” due to
disruptions of “community support structures” exposing them to “unsafe physical
surroundings” thereby increasing their vulnerability to exploitation (Ibid).
According to Human Rights Watch the “extreme vulnerable” of Somalia women and
girls and the “differential power relations” (HRW, 2014, September, p.28)
between those who are supposed to protect them has created an environment of
‘sexual exploitation7’ that has all the hallmarks as defined by
the United Nations 2003. Despite this, United Nations and partners have
“established referral systems for basic psychological support and health
services” and even with such, the “Task Force on Sexual Violence” set up by
Transitional Federal Government in December 2011 (UN, 2013, p.14) hasn’t
achieved much.
Fig
2.Al Cadaala camp IDP, Mogadishu, photo by
Ifrah Ahmed, October 13th 2014
Plight
and Vulnerability of IDPs in Mogadishu
Internally
Displaced Persons IIDPs) in Mogadishu face risks to their lives, safety,
security and dignity and are at disproportionate risk of gross human rights
abuses especially women and unaccompanied children. The displaced Somalis who
fled to Mogadishu have been subjected to a range of serious human rights
abuses, including rape, beatings, ethnic discrimination, and restrictions on
access to food and shelter and freedom of movement. The United Nations observes
that the spike in cases of sexual violence in August (2012) was “linked to the
presence of armed elements” within the IDPs settlements and “surrounding areas
in the run-up to the selection of the post-transition leadership” (UN, 2013,
p.14). While it is difficult to assess the extent of sexual and gender based
violence (SGBV) against displaced women and girls, it is believed to be
widespread although largely underreported throughout south-central Somalia.
Fifty-five years old ‘Mumina Maadeey’ says she was gang-raped in broad day
light on June 5, 2014 while collecting firewood in Afgooye, Lower Shabelle-
{…}
three men approached me and I never thought the men would rape me. They ordered
me to put the wood I had collected down and despite pleading with the men and
shouting ‘I am your mother, I am your mother please’. They attacked me and then
raped me. At my age, I could even be their grandmother. We need the government
to protect us. I am an old woman and I shouldn’t be talking about this. I feel
sick and I hate myself. This has to stop. We left our homes and came to the
(IDP) camp because of war and now we have another enemy, the men who are raping
us.
On
the other hand, those who have witnessed rape incidents talk of fear of
reprisals attacks by the perpetrators. Asha a resident of Al Cadaalo IDP camp during
the FGD narrated how she witnessed a woman being ambushed-
{…}
a woman who was collecting firewood got ambushed by two men, who then beat her
for trying to resist. One of the guys kept watch while the other raped her
before they changed turns. The woman hasn’t reported to the police nor told
other people due to social stigma and shame.
In
another FGD forum 17-years old Mohamed corroborates Asha when she narrated how
an 18-year old woman was raped and no one could run to her rescue “despite her
screams, we couldn’t help her, fearing that the attackers might be armed”. Ali,
a resident of Al Cadaala camp says being uprooted from home and forced to live
within camps has taken away IDPs ability to protect themselves;-
{…}if
you are displaced then you have no power, we are powerless and that is the
reason why our sisters and mothers are getting raped and sometimes we feel like
we are helpless and also tired and sad to see women getting raped.
Somalia’s
clan based social system doesexpose women and girls from socially and
economically marginalised clans “to violence due to their social isolation,
poor living conditions and work opportunities” (Ibid).
{…} Nine-year old ‘Shamso Hussein’ had been sent to go and
fetch water by her mother within Ex-Control camp on September 10th 2014
only for the mother to see her daughter being brought back by a resident. When
she was placed on the floor, her mother says “she looked like she had passed
away and was bleeding badly and I started crying. I never thought this was
going to happen to my daughter. We had just arrived at the camp (IDP) from
Galween in Lower Shabbele. She couldn’t move. I waited for her father to come
back and I told him what had happened. All he could say was that Allah should
give our daughter justice and went out to look for help.” The mother adds “I
didn’t have money to take her to hospital. I used traditional ways to treat her
and tried to put her legs together. She was unwell for 30-days.” The mother
says the family has yet to receive any help from anyone.
The
IDP population in camps across Mogadishu have repeatedly fallen victim to a
culture of sexual violence that those working to tackle Sexual Gender Based
Violence GBV points out as being too pervasive warranting national and
international attention.
FROM
PROTECTOR TO PERPETRATOR
In
the context of Somalia as regards sexual exploitation and abuse, those
significantly implicated as being perpetrators are Somalia government security
officers and AMISOM peacekeepers8; the same institutions entrusted with the
protection of vulnerable populations. A Human Rights Watch report documents
“twenty-one incidents of sexual exploitation and abuse by Africa Union Mission
to Somalia (AMISOM)9 soldiers” that according to the report
occurred “primarily on two controlled bases in Mogadishu” one by “The Uganda
People’s Defence Forces10 (UPDF)” and another by “The Burundi
National Defence Force11 (BNDF) contingent” of camps located
within the “compound Somalia national university.” The same reports notes that
in most of the documented “involved a Somali intermediary” who’s due to AMISOM
soldiers language barrier acted as “an interpreter” and that the same person
sometimes sources “women and girls directly from IDP camps” and helps them to
access the AMISOM bases (HRW, 2014, September, pp. 25-29).
In
the past, the hype masculine culture deriving from a predominantly male
environment has produced a tolerance for extreme behaviours where women and
girls are a target from “members of state security forces, operating with
complete impunity, sexually assault, rape, beat, shoot, and stab women and
girls” (HRW, 2014, March, p.1). In 1992 allegations that the UN peacekeepers
were involved in cases of sexual abuse against local women were met by the
infamous statement “Boys will be Boys” (Martin, 2005) by Yasushi Akashi, the
then head of the UN’s Transnational Authority in Cambodia. This type of
thinking has been equated with the equally infamous view of Nazi Propaganda
Minister, Joseph Goebbels, that “Men should be trained as warriors and women as
recreation for warriors and anything else is foolishness” (Kesic, 2001). This
view has for long exemplified prevailing official perceptions regarding cases
of sexual abuse by international troops (Ballesteros, 2007, p.125).
The
Consequences of SEA to AU Peacekeeping in Somalia
The
violation of codes of conduct may damage the impartiality of missions in the
eyes of the local population, which, in turn, may impede the implementation of
its mandate. AU peacekeeping operation cannot legitimately advise the Somali
government on adherence to international human rights standards and legal and
judicial reform if its own peacekeeping personnel are engaging in acts of SEA.
Sexual misconduct also increases the incidence of medical problems including
the risk of contracting or transmitting sexually transmitted diseases and
survivors having to deal with possible psychological trauma as a result of
their experiences. Babies born from liaisons between victims and peacekeepers
may face stigmatisation by their families and communities, which may deprive
them of economic, social and emotional support, which in turn may result in
victim’s being driven into further exploitative relationships with peacekeepers
in order to survive (UN, 2005, p.8).
The
Deputy Special Representative of the UN Secretary-General (DSRSG) for Somalia
Fatiha Serour on the need to tackle the prevailing perceptions that victimize
the victim, observes that during preparations for the London Summit on Somalia,
a religious leader noted that “if a girl who was raped becomes pregnant, there
is a need to remove the child from the girl as the baby represents something
evil.” Deputy Special Representative argues that such statements only reveals
that the girl in this context is seen as the one who is wrong yet in reality
the girl’s rights and dignity has been violated.
IMPUNITY
AS AN OBSTACLE TO TACKLING SEA
Taking
action against alleged perpetrators of sexual violence in Somalia is however,
beset with difficulties. A major underlying problem is that the AU has no
disciplinary authority over AMISOM peacekeepers as they belong to member states
seconding soldiers to the AU. In an interview with the late Somali Police
Commissioner, he eluded that the Somali police hands are tied due to the
absence of a protocol with countries providing soldiers to AMISOM operations;
even when it comes to the prosecuting or returning of “the accused soldiers to
Somali to face justice.” Further noted “while AMISOM is helping to protect
civilians, something Somali’s respect we shouldn’t accept civilians to be
abused.” In reality, AU personnel in Somalia enjoy immunity from local
jurisdictions.
On the other hand
the Africa Union Commission has not shown with action its desire to follow to
the letter its Code of Conduct that specifies that peacekeepers should not
“indulge inactsof sexual, physicalorpsychologicalabuseorexploitationof
thelocalpopulation”andthat“anyexchangeof money,
employment,goodsorservices”forsexmustbepunished. Somali’s Police Commissioner
Hassan Sheikh says there is a need for the “Somali government and AMISOM to
establish a police committee to deal with sexual violence and exploitation” and
that the “Somali government should have a “policy that would guide and stipulate
how to tackle crimes and violations committed by AMISOM peacekeepers.” This
could help tackle the perception among peacekeepers that they are immune to
prosecution for crimes they may commit while being deployed. The lack of host
nations jurisdiction gives these troops de facto immunity from prosecution in
Somalia.
LEGAL
INTERVERVENTION AND IMPEDIMENTS
To
this day, Somalia knows three different major lawsystems12. Most of the time, these systems coexist
in the same area and they are often contradictory. As a result, the Somali
people have the right to choose which law they apply in any given case, a
decision made on the basis of self-interest, while bearing in mind that when it
comes to the security and peace the decision will provide for the inter-clan
relations. Most of the survivors of sexual exploitation don’t file complaints
with respective “authorities because they fear stigma, reprisals from family
members, the police, and the Islamist insurgent group” while others “do not
belief authorities would be able or willing to take any effective action” (HRW,
2014, September, p.35) a predicament that confines the survivors to silence and
anguish. Maryan Daqal Xussen of Somali’s Women’s
Development Centre (SWDC) says they receive about 5 to 8 cases of rape
every month committed by men aged between 18-30-years old and their challenge
is the stigma factor. In some cases all they can is to “inquire from them if
they want to report the case, but most women feel ashamed and shy” making it
difficult for them to pursue prosecutions.
Claire
Brown further says that “in practice the Attorney General’s office has very
little capacity” and that the lawyers they work with have informed them that
“the CID and the Attorney General office decide not to investigate in up to 85
per cent of cases” adding there also handles that beset the 15 per cent of
cases that see the light of the day as the probability of perpetrator being
convicted is incredibly low. “Last year there were 1,600 rapes reported and we
can only find evidence of two that were successfully convicted.” Maryan Daqal
Xussen says all is not lost as there are cases they “have taken to court and
won but still, our judiciary need training as sometimes it is not easy to get justice.”
The gender activist says through the collaboration of the family they were able
to prosecute a relative who had raped a baby girl while the mother was away
shopping and by working with “the Criminal Investigation Department, the rapist
was jailed for 15-years.” Consequently, there is a widespread Somali distrust
regarding these various systems, since it cannot be guaranteed that all people
will be treated equally before the law, a violation of basic human rights that
all are entitled13
Prevailing
Legal Frameworks
The
centrality of traditional practices in Somali society is such that most of the
legal interventions even when it comes to sexual violence tends to be
undertaken by clan or community authorities through the customary laws
structures. Resolutions through this means are often sought out by survivors
because of their accessibility, speed of action, affordability and because
survivors wish to adhere to tradition in order to maintain their social
credibility and honour. By comparison, the state legal system has a very poor
geographical coverage, and is beyond access for large sections of the population.
Gerstle and others argue that “restricted access to schools, roads, books, and
other means of development, many, if not a majority of Somalis live their lives
without encountering the state justice system” Gerstle, Warsame, Ismail, &
Nuh, 2007, p.82). On its part the UN notes that within customary law there are
inherent gender inequalities.
Maryan
Daqal Xussen opines that there are negative cultural practices where families
“seek to have the rapist marry the survivor.” In this regard, the rights of the
survivor are seen through the context of the need to maintain the male-oriented
clans interest. In IDP camps, there are cases where
the perpetrator is allowed to remain in the community through a community
settlement out of fear that the perpetrator would be given a lengthy service in
the formal justice system, putting survivors at risk of reprisals and further
sexual violence. Within Somalia, the sort of justice that victims of
rape attain through the customary justice contrasts with the actual outcomes of
customary justice elsewhere. In Mogadishu IDPs camps, rape cases involving
known perpetrator are addressed by clan leaders who negotiate compensation
between the survivor and perpetrators’ families without due consideration of
the rights and needs of the survivors.
The
relative disadvantages and advantages of customary laws have been best summed
up by the UN report that states “ although it has contributed to fostering
degrees of peace between clans” it is uncertain “if customary law works for
girls and women (Ibid). The report’s findings concluded that customary laws are
extremely prejudicial for girls and women. Access to informal justice,
especially for IDPs, is not guaranteed and seems to depend on clan affiliations
and status. This is one of the many drawbacks of
customary law, as it is built upon the links amongst clan and sub-clan groups.
As Gundel notes, “the xeer [customary law] is efficient for the regulation of
inter-clan affairs” but a drawback among individuals as such people “may not
have the same rights and protection, because xeer is linked to clans and their
area” (Ibid). Furthermore, access to informal justice is also hampered by low
level of education, as many women lack the relevant knowledge about customary
law processes.
Sharia
law has co-existed with Somali customary law throughout Somalia’s history and
in comparison to customary law, it is protective when it comes to women’s
rights. In theory, Sharia law does not permit violence against women. As with
customary law, Qadis (Sharia legal judges) are male and the same concerns exist
regarding the rights of women in such a context;
[…]
it cannot be taken for granted that all of the Qadis in the Somali Republic are
cognisant of, or observe, all international human rights, particularly when the
Somali Republic is not a signatory of the Convention on the Elimination of All
Forms of Violence against Women (Academy for Peace and Development, 2002)
In reality, women
perceive Sharia law positively (similar to customary law) in terms of trust and
for its ability to respond quickly. However, in some cases pertaining to sexual
violence, the testimony of a woman can be excluded from consideration. This is
a major limitation of Sharia law in addressing sexual violence as UN reports
argues that women often lack the relevant knowledge regarding how Sharia law
processes can protect and support their rights and cases (UNDP, UNPOS & UN
Women, 2012, p.87).
International
Legal Frameworks
At
the national level, the equality of rights for Somali citizens has been
recognised by the recent constitution14 of the post-transitional Federal
Republic of Somalia. Equality of rights is also safeguarded in the 2008
Constitution of the Puntland State of Somalia and the 2001 Constitution of the
Republic of Somaliland. Somalia government with UN agencies and other partners
are in the process of drafting a gender policy that will promote gender
equality and hopefully mainstream preventive and responsive measures against
sexual and gender based violence in all governments’ plans (Draft Gender Policy
of Somalia, 2014).
The
Ministry of Women and Human Rights Development is in the final stages of
finalizing a Sexual Offences Bill that will play a critical role in prevention
and protection of vulnerable persons including women and children in Somalia.
The ministry is also working with other ministries towards the establishment of
an Independent Human Rights Commission at the federal level. Such a commission
could address the absence of an oversight body within Somalia that could
monitor, assess and evaluate the existing legal frame works and above all their
applicability and implementation. The UN’s Deputy Special Representative for
Somalia challenges the ministry to work with other ministries on the issue of
human rights terming it a “cross cutting issue.”
The
Somali Penal Code, applied throughout Somalia includes punishments for rape,
assault, incest, and ‘hurt’ (UNDP, UNPOS & UN Women, 2012, p.80). The
formal system can in theory hold perpetrators of violence to account, yet in
practice sexual violence cases are rare due the preference of women for more
accessible and culturally relevant customary law. Of the three forms of legal
resolution in Somalia, ‘formal’ justice is accessed the least by women. UNDP
found that less than five per cent of female youth reported crimes such as
sexual violence, rape, abduction, and forced detention to the authorities.
The
same report found that 54 per cent of those it interviewed reported having very
easy access to community elders for seeking justice, whereas almost 50 per cent
reported that access to legal courts and police was difficult (UNDP, Somalia
Human Development Report, 2012). Whilst the lack of geographical coverage
offered by formal law courts is a major factor behind the preference of
customary law, so too is the lack of trust in formal justice. Formal justice is
often turned to when other community-based options have been exhausted (Ibid).
Other reasons given by women for not pursuing formal justice include fear of
shame due to having rape incidents being made public and thus damage to their
social standing, as well as inadequate protection and difficulties encountered
during prosecution due to evidence tampering and witness withdrawal. UN
attributes this to “perceived weaknesses in the formal justice system” (Ibid).
Maryan
Daqal Xussen says while as an NGOs they have taken cases to court, notes that
judiciary staff, “need training as sometimes it’s not easy to get justice” and
this could be coupled with an increased number of female judicial officers. The
Police Commissioner Hassan Sheikh notes also that there is also need for
training of police officers “on human rights something the junior officers
lacks and needs” as in reality any effective and credible prosecution will need
the police force. The Somalia government will also will need to ratify the
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW). Such a move could boost the effectiveness of the African Charter on
Human and Peoples’ Rights on the Rights of Women in Africa that Somalia has
already ratified. The charter commits the government to countering all forms of
discrimination against women, including violence, via the appropriate
legislative and institutional measures.
RESPONSES
AND INTERVENTIONS
Since
March 2014 when the rights agencies and civil societies groups raised the alarm
over increasing cases of sexual exploitation and abuse in Somalia. The Somalia
government, Africa Union and United nation have been finding ways to either
take action or explain their intentions. Somali President
Hassan Sheikh Mohamudwhile speaking to military cadets at a training camp in
Mogadishu on April 10th 2013 stated that “security forces who rape
and rob our citizens must be fought and be defeated just like Al-Shabaab.” The
President said that his government had indicated its resolve on tackling the
matter by creation of relevant ministries and supporting deliberations towards
legislations seeking to promote human rights, gender equality and sexual
reproductive rights programmes in Somalia.
The
Africa Union as the custodian of AMISOM in response to the Human Rights Watch
report has stated that the “allegations will be thoroughly investigated” and
“appropriate measures” taken. However the AU Commission registered its “deep
concern” over what it called as “imbalance, inaccuracies and partial view
contained” in the report. The Commission argued that the report used “a small
number of cases to arrive at a generalized conclusion” and secondly, that
report was “contradictory” by making “sweeping general assertions about AMISOM
culpability” before “exhaustively interrogating the scale and prevalence” and
thirdly, that “report lacks coherence in its account of AU’s efforts to prevent
and respond” to the allegations (AU, 2014,
September, 8, pp.1-2). Beyond questioning the report, the AU Commission
has deployed “an investigation team to look into allegations of Sexual
Exploitation and Abuse levelled against” the AMISOM personnel and “establish
the facts” and the team was expected to complete its investigation by November
30 2014 (AU, 2014, October, 17, p.1). Through interview The Deputy Special
Representative of the UN Secretary-General (DSRSG) for Somalia Fatiha Serour
says its “important to expose these cases” and that the UNSOM has written to AU
and that those who have more information or cases should share.
The
UN’s Deputy Special Representative noted that while the UNSOM wants to see the
allegations investigated, stressed upon the AU to contemplate a joint probe to
due to the “need for transparency” adding “it is the responsibility of the
troop contributing country to carry out the necessary criminal investigations,
in a transparent manner.” Uganda in early November (2014) suspended 15 military
officers including two generals who previously commanded Uganda contingent in
Somalia serving under the auspices of the AMISOM. Further, Uganda military has
banned all the accused army officers from future Somalia deployments. Uganda
said the suspended officers were under investigation for “sexual exploitation”
in Somalia but Burundi whose troops were also implicated in the SEA had given
the matter a dead silence. However, the seriousness of the Uganda action can be
questioned after its army spokesman Lt. Col Paddy Ankunda down played the
seriousness of sexual exploitation allegations made by Human Rights Watch by
saying “reports of sexual exploitation are a small matter” (Daily Monitor,
2014, November, 6).
In
previous occasion where AMISOM troops have been implicated in sexual
exploitation as with December 2012 following “media reports of shops on the
AMISOM base” being used as conduit for “exploitative sex” the then AMISOM force
commander “ordered the closure of the shops” and further “banned Somalia women
from the camp base” (Ibid). However the owners of the shop “refused to
relocate” as ordered by the AMISOM commander but Human Rights notes that the
commander directive could only have “merely relocated the problem to a new
area” HRW, 2014, September, p.31). While United Nations Secretary General in
his 2013 report to Security Council noted that sexual violence acts in
countries like Somalia tantamount to violations of the “Security Council
resolution 1960 (2010)” that among other things calls for “timely investigation
of alleged violations in order to hold perpetrators accountable.” Almost one
year on, the victims of Somalia sexual violation are still waiting for the UN’s
Secretary General words to be turned into action. The Security Council
resolution does accord the Secretary General powers that if exploited could to
SEA perpetrators prosecuted. The level of violence and weak governance
structures shouldn’t be allowed to derail the path towards prosecution and
prevention of SEA. The same violence that has subjected women and girls to
‘double victimisation’ should not be let to take away or prevent their access
to justice and protection.
KEY
RECOMMENDATIONS
As
Somalia undergoes transition from a two-decades of protracted conflict, the
tackling of sexual violence will involve several approaches;
Somali
Federal Government
African
Union/AMISOM/UN
APPENDIX
Questionnaire
Guide for Interviews
The
purpose of this Questionnaire is to gather information about sexual violence
against women and girls (or rape) within Mogadishu. Aim being to come up with
plan/strategy, that can be used by government and county officials security
personnel (military and police) and community members for the protection of the
women and girls from sexual violence or rape, and also prevent their recurrence
and most importantly, the prosecution of the perpetrators.
Recently,
there have been allegations of rape against members of the AU peacekeeping
mission in Somalia? How can we hold them to account for such violations? What
are the findings of the committee if there is committee for investigations?
What
is the government doing to ensure cases of sexual violence carried out by its
security sector or by others are investigated and taken to trial?
What
is the law suits African Union (AU) who were committed and accuses rape and
other sexual harassment are going be taking to trail in Somalia or they will be
taking to either own country? What is the punishment? What is the role for
Somali government to insure to find justice for victim
What
commitments is the government offering in relation to protecting human rights
of women, of IDPs
Is
there any plans for the government and training dealing with police authorities
in Somalia to deal with women issues -related cases and which can be benefits
in protection of women
AMISOM/AU Questionnaire Guide
Wide spread accounts of in appropriate behavior and sexual
exploitation and abuses by AMISOM have been reported in the media and of recent
have been documented by Human Rights Watch. Do you agree that
these abuses are true and have been committed by some of the peace keepers that
are meant to protect civilians in Mogadishu? Do you think this has tarnished
the mandate and work of AMSOM in Somalia?
What has AMISOM taken to address these abuses against women and
girls in Mogadishu? What steps have you taken? Will these perpetrators be tried in
Mogadishu courts? Since the crimes were committed in Mogadishu?
As a peace keeping Mission, what is your policy on sexual
violence and abuse against civilians in Mogadishu/Somalia? Does
AMISOM/AU have zero tolerance on Abuses and sexual violence? If yes, could you
elaborate?
What are the commanding officers of AMISOM doing to prevent,
identify and punish perpetrators of sexual violence against civilians in
Mogadishu?
All AMISOM personnel, including locally recruited Somalis, are
immune from local legal processes in Somalia for any acts they perform in their
official capacity, Don’t you think this is injustice to the victims of sexual
violence since perpetrators can’t be prosecuted in Somali courts or even in
AMISOM run military courts in Mogadishu. Is this justified?
How are you (AMISOM) ensuring that survivors of sexual violence
are protected and supported, what is your policy on this? As a
peace keeping mission do you have programs that address survivors of sexual
violence either committed by AMISOM, individuals or militias?
Has AMISOM ever set up units and taken disciplinary action against
perpetrators? Do you have enough resources to set up an independent and
adequately resourced investigative unit that deals with sexual violence and
abuses committed by AMISOM personnel?
Soldiers from troop contributing countries are routed quarterly or
yearly basis, what measures have you put in place that the accused AMISOM
soldiers return home and elude prosecution both in Somalia and in their
original countries?
A commission of inquiry was set up my AU/AMISOM to investigate the
current abuses and violations, How far are with this? When
do we expect the commission to start its work? Don’t you think there will be
conflict of interest from within the AU contributing countries to be investigated
by fellow Africans? Would you suggest a more independent Commission to do this
work?
What is your advice on ending sexual violence in Somalia? What
do you think AMISOM/AU role can play to end this predicament?
AMISOM has got a Gender Unit, what is their role in your Mandate? Is
this is not a shame that this abuses and violations are happening even when
there is a gender Unit that address and promotes women’s rights within and
outside the mission?
FOCUS
GROUP DISCUSSION GUIDE
The
purpose of this Focus Group Discussion is gather information about sexual
violence against women and girls (or rape) within Mogadishu. Aim being to come
up with plan/strategy, that can be used by government and county officials
security personnel (military and police) and community members for the
protection of the women and girls from sexual violence or rape, and also
prevent their recurrence and most importantly, the prosecution of the
perpetrators.
Focus Group Discussion Guiding Principles
To be an inclusive, participatory process;
To focus on a limited number of key issues;
To provide a non-judgmental environment without seeking
attribution nor retribution for input and observations;
To help build a shared understanding among participants
Introduction
Thank
you all very much for taking part in this Focus Group Discussion and my name is
Ifrah Ahmed and work for_________________. This is _________________, who will
be taking notes during our discussion today.
To
guide our discussion today, I will ask a series of questions. As key issues
arise, I may also ask follow-up questions to the group. Everyone’s viewpoints
are valuable, so I encourage you all to speak up and share your thoughts. There
is no need to come to consensus on any answer. We have scheduled 1 hour for our
discussion today.
Consent
Before
we get started, please be assured that all your responses will be held in
strict confidence. Findings will be presented in summary, and no statements or
quotes used in the report will be attributed directly to you.
Your
participation is voluntary, and you may decline to answer any question or leave
the discussion at any point. We would like to audio-tape the whole discussion
for our reference and we assure you that the tapes will be destroyed once we
prepare the notes from it.
Each
one of you will be assigned a number so that we will not use your names. Do you
agree to continue?
___Yes
( ) ___No ( ) ____________Facilitator’s Initials
Section
A:
Prevalence and extent of sexual violence against women/girls or rape
Site
of study, group composition and description of participants
What
do you know about rape cases or sexual violence against women or girls?
Whether
participants are aware of sexual violence against women/girls or rape violence
in the area, their estimation on prevalence and who the main perpetrators are
(community member/police/military/?)
Major
reasons/circumstances that usually occasion/trigger sexual violence against
women/girls or rape in the area
Section
B:
Types and Forms of sexual violence against women/girls or rape and the
consequences
Nature
and common types of prevailing sexual violence against women/girls or rape
including psychological/emotional, economic and physical bodily abuse (probe in
details the forms violence takes and estimated frequency of such occurrences)
in the area
Consequences
of the various types and forms of sexual violence against women/girls or rape
in the area
Whether
participants have experienced any sexual violence against women/girls or rape
Nature
types of such support mentioned in (7) above and the estimated prevalence of
such spousal support in the area
Section
C:
Strategies for, and challenges of addressing sexual violence against women/girls
or rape
How
the community, individual/ police/ military/ government official/ families/
communities deal with sexual violence against women/girls or rape in the area
Types
and forms of interventions to sexual violence against women/girls or rape in
the area that the participants are aware of in the areas
Existing
community level structures, government and civil society actors in the area
that are involved in addressing sexual violence against women/girls or rape
(probe on the various initiatives)
Performance
(success/failure stories) of initiatives focusing on sexual violence against
women/girls or rape in the area
What
participants perceive to be challenges and barriers for success in addressing
sexual violence against women/girls or rape in the area
Section
D:
Suggestions on the way forward in tackling sexual violence against women/girls
or rape
Participants’
suggestions on how to surmount the identified challenges and barriers to
effectively addressing sexual violence against women/girls or rape in general
and their area in particular (probe for what they perceive as appropriate
individual, community, civil society and government level initiatives)
Participants’
ideas on who should be involved in processes for addressing sexual violence
against women/girls or rape and for what reasons
The
views of participants on strategies and activities that should be deployed to
deal effectively with sexual violence against women/girls or rape generally and
particularly in their area
BIBLIOGRAPHY
Academy
for Peace and Development (2002), Women’s Rights in Islam and Somali
Culture, UNICEF, Hargeisa, Somaliland, December
Africa
Union (2014, October, 17) The Africa Union (AU) Establishes Team to
Investigate Allegations of Sexual Exploitation and Abuse (SEA) by the AU
Mission in Somalia (AMISOM), published by Africa Union Media, Addis
Ababa, Accessed 2014, November 4, . http://amisom-au.org/2014/10/the-african-union-au-establishes-a-team-to-investigate-allegations-of-sexual-exploitation-and-abuse-sea-by-the-au-mission-in-somalia-amisom/
Africa
Union (2014, October 16) Report of the Chairperson of the Commission on
the Situation in Somalia, Published by Africa Union during the Peace
and Security Council 462nd meeting, Addis Ababa, Vol
SC/PR/2.(CDLXII),
Africa Union (2014, September 8) The Africa Union Strongly
Rejects the Conclusions Contained in the Report of the Human Rights Watch
on Allegations on Sexual Exploitation and Abuse by AMISOM, Publication- AU
Press Release, Addis Ababa, Accessed November 4, 2014 http://amisom-au.org/2014/09/the-african-union-strongly-rejects-the-conclusions-contained-in-the-report-of-the-human-rights-watch-on-allegations-on-sexual-exploitation-and-abuse-by-amisom/
Ballesteros,A
(2007).“Traffickinginhuman beings andinternationalpeacekeeping
missions: The 2004NATOTHBPolicy”Connections6/3. 2007. 125.
Daily Monitor (2014, November 6), Army names officers suspended
over abuse, by Daily Monitor on November 6, 14, Accessed November
6, 14 http://www.monitor.co.ug/News/National/Army-names-officers-suspended-over-abuse/-/688334/2512306/-/tykui9/-/index.html
Gerstle,
D.J., Warsame, M.O., Ismail Ali, A.K., & Nuh, S.O., (2007), Under the
Acacia Tree: Solving Legal Dilemmas for Children in Somalia, UNDP
& UNICEF. p. 47. Quoted in Violence in the Lives of Women, UN,
UNPOS, UNDP UNDP, & UN Women, 2012. p.82.
Human
Rights Watch (2014, September) The Power These Men Have Over Us:
Sexual Exploitation and Abuse by African Union Forces in Somalia,
Published by Human Rights Watch, Washington DC, Vol ISBN: 978-1-62313-1876, pg
98
Human-Rights-Watch
(2014, March), “Here, Rape is Normal” A Five-Point Plan to
Curtail Sexual Violence in Somalia. United States of America: Human
Rights Watch. P:1
Kesic,V
(2001).“The status of rape as a war crime ininternational
law:Changes introduced after the wars in the former Yugoslavia and Rwanda”,
M AThesis, New SchoolUniversity, New York.
Martin,S
(2005)Boys Must Be Boys?EndingSexualViolence andAbuseinUN PeacekeepingMissions.Washington,DC:Refugees
International
Mugo
Mugo (2014, March) Rape in Somalia: Women and Double Victimisation.
Published by Global Education Magazine, page 11 http://www.globaleducationmagazine.com/rape-somalia-women-double-victimisation/
United
Nations (2013). Somalia: Sexual Violence in Conflict: Report of the
Secretary-General, at UN’s General Assembly 67 Session Agenda Item 33
Prevention
of Armed Conflict, New York, March 14, 2013, Vol A/67/792 S/2013/149, P.
14
UN
(2005, March, 24) Comprehensive review of the whole question of
peacekeeping operations in all their aspects, UN General Assembly, New
York, (A/59/710) P. 8
UNDP,
UNPOS & UN Women, (2012) Violence in the Lives of Girls and Women in
the Somali Republic, 2012. P.87.
INTERVIEWS
Claire
Brown, Interview by Ifrah Ahmed, Personal Interview, Legal Officer, Legal
Action World Wide, Interviewed in Mogadishu, 18th November
2014
Duniyo,
Interview by Ifrah Ahmed, Personal interview, Officer at Women’s Development
Organisation
(IIDA), Interview in Mogadishu on 27, October, 2014
Focus
Group Discussion, Interview by Ifrah Ahmed, Group Interview, 25 participants
hailed from various IDPs camp within Mogadishu, interview at Al
Cadaalo camp, Mogadishu, October 13, 2014
‘Mumina Maadeey’ Interview
by Ifrah Ahmed, Personal interview, 55-years old raped at Afgooye in
Lower Shabelle on June 5 2014, Interview at Ooryoley in Mogadishu on 12,
October, 2014
‘Muslimo Muudeey’ Interview
by Ifrah Ahmed, Personal interview, 27-yrs mother of two raped on June
2014 at Saidka IDP camp, interview
Mogadishu, 10 October 2014
Jaamac
Maryan Aweeys, Interview by Ifrah Ahmed, Personal interview, Chairperson of
the Parliamentary Committee on Human Rights, Women,
and Humanitarian Affairs,
Interview
in Mogadishu
‘Shamso Hussein’ Interview
by Ifrah Ahmed, Personal interview, Interview conducted in the presence
/assistance of her mother for needs of details and clarification, Raped
on October
11, 2014,
interview on Ex-Control, Mogadishu, 10th September 2014
Sheikh
Hassan, Interview by Ifrah Ahmed, Personal interview, Somali Police
Commissioner who died two weeks after the interview, Interview in
Mogadishu on 20, October, 2014
Serour
Fatiha, Interview by Ifrah Ahmed, Personal interview, Deputy Special
Representative of
the UN Secretary-General (DSRSG) for Somalia, Interview in Mogadishu on
30, October 2014
‘Xalimo Hassan’ Interview
by Ifrah Ahmed, Personal interview, Raped on October 12, 2014 Owdhele, Lower Shabbele, interview Mogadishu, 16 October 2014
Xussen,
Maryan Daqal Interview by Ifrah Ahmed, Personal interview, Gender Officer
and Member of Somali’s Women’s Development
Centre, Interview in Mogadishu on 1, November 2014
NOTES
Research
paper edited by: Fatima Kyari Mohammed, Senior Expert/Managing Partner at West
Africa Conflict and Security (WACAS) Consultancy. Eric Gitonga, Founder and
President of Global Efforts Initiative. Abdihakim Ainte, Managing Director,
Trans-Link Advisory.
Support:
Research paper was sponsored by Trans Trans-Link Advisory Consultancy that
specializes on transitional challenges in the Horn of Africa http://translinkadvisory.com
1In the context of
this publication, the definition of “Sexual Violence” will borrow from
UN reports that defines it as: Rape, sexual slavery, forced prostitution,
forced pregnancy, enforced sterilization and any other form of sexual violence
of comparable gravity perpetrated against women, men or children with a direct
or indirect (temporal, geographical or causal) link to a conflict. This link to
conflict may be evident in the profile and motivations of the perpetrator, the
profile of the victim, the climate of impunity or State collapse, any
cross-border dimensions or violations of the terms of a ceasefire agreement.
See…United Nations (2013). Sexual Violence in Conflict: Report of the
Secretary-General, at UN’s General Assembly 67 Session Agenda Item 33
Prevention of
Armed Conflict, New York, March 14, 2013, Vol A/67/792 S/2013/149, p. 12
2United Nations
estimates there are 1.1million IDPs in Somalia of whom at least 369,000 in
Mogadishu (Ibid).
3 Human Rights
Watch – The Power These Men Have Over Us: Sexual Exploitation and Abuse by
African Union Forces in Somalia, released on September 2014
4AMISOM force in
Somali comprises of 22,000 soldiers from Uganda, Kenya, Burundi, Sierra Leone,
Djibouti and Ethiopia, has been fighting alongside Somalia troops against
Al-Shabaab militants since 2007.
5Sexual Exploitation
– “any actual or attempted abuse of a position of vulnerability, differential
power, or trust, for sexual purposes, including, but not limited to, profiting
monetarily, socially or politically from the sexual exploitation of another”. See
UN’s Secretary General’s bulletin ST/SGB/2003/13, 9 October 2003.
http://cdu.unlb.org/Portals/0/Documents/KeyDoc4.pdf (accessed August 15, 2014)
cited in Human Rights Watch, 2014, September, p.28
6Those
interviewed included five survivors of SGBV within the youngest being aged
9-years and the oldest being 55-years woman. The rest of the individual
interview were with the Deputy Special Representative of the UN
Secretary-General (DSRSG) for Somalia, The Prime Minister Spokesperson,
Chairperson of the Parliamentary Committee on Human Rights, Women, and
Humanitarian Affairs, Spokesperson of the Somali military court, the then
Somalis Police Commissioner Hassan Sheikh. Then from the civil society; the
programme officer with Somali’s Women’s Development Centre (SWDC) and Officer
at Women’s Development Organisation (IIDA), Legal Officer of Legal Action World
and a questionnaire submitted to AMISOM upon request had not been replied to by
the time of research publication. On the Focus Group Discussions, there were
two FGDs, first involving thirteen participants on 13th October 2014
at Al Cadaala camp and the second involving twelve participants on 15th
October at Sayidka camp, both IDPs camp within Mogadishu. The FGD brought
together 15 women aged 16-25 years of whom 6 were survivors and then the rest
10 participants were men aged 15-29 years.
7Sexual
Exploitation – “any actual or attempted abuse of a position of vulnerability,
differential power, or trust, for sexual purposes, including, but not limited
to, profiting monetarily, socially or politically from the sexual exploitation
of another”. See UN’s Secretary General’s bulletin ST/SGB/2003/13, 9
October 2003. http://cdu.unlb.org/Portals/0/Documents/KeyDoc4.pdf (accessed Aug
15, 2014) cited in HRW, 2014, Sept, p.28
8 Chairperson of
AU’s Commission report on the situation in Somalia, 16 October 2014: AMISOM
peacekeepers in Somalia in conjunction with Somali government undertake a wide
variety of complex tasks, from helping to build sustainable institutions of
governance, to human rights monitoring, to security sector reform, to the
disarmament, demobilisation and reintegration of former combatants
9In 2007 the Africa
Union Peace and Security Council was mandated by UN’s Security Council to
provide protection to Somalia government officials, the infrastructures and
humanitarian operations. (The UN Security Council passed Resolution 1744 in
February 2007. AMISOM mandate was expanded by Security Council Resolution 2036
(2012), paragraph 1 and 2 authorizing AMISOM “to take all necessary measures as
appropriate in those sectors in coordination with the Somali security forces to
reduce the threat posed by Al-Shabaab and other armed opposition groups in
order to establish conditions for effective and legitimate governance across
Somalia.” Despite the resolution allowing the AU to increase its forces from
8,00 0 to 17,731 it denied AMISOM the right of civilian protection despite
pressure from the African Union. See from United Nations Security
Council, Resolution 1744 (2007), S/RES/1744 (2007),
http://www.un.org/News/Press/docs/2007/sc8960.doc.htm (accessed November 6,
2014). See also United nations Security council 2036 (2012)
10UPDF: The armed
forces of Uganda, previously known as the National Resistance Army and
according to International Institute for Strategic Studies its land forces and
air wing force (2007-2011) was at 40,000 – 45,000. See IISS Military
Balance 2007, 297: IISS Military Balance 2011, 44
11BNDF: The state
military organisation responsible for the defence of Burundi. See International
Institute for Strategic Studies (IISS) (2012). The Military Balance 2012.
London: IISS. ISSN 0459-7222
12Customary law,
Sharia legal systems whilst also considering international and national level
legal frameworks
13Article7statesthat
“all people are equal before law and
entitledtoequalprotectionofthelaw:,seeUNGeneralAssembly,UniversalDeclarationofHumanRights,1948,December10,217A(III),art.7
14 The Federal
Republic of Somalia, Provisional Constitution, August 2012, Mogadishu, Somalia,
Article 11:1, ‘All citizens, regardless of sex, religion, social or economic
status, political opinion, clan, disability’