COI-Report-Somalia

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98 — EASO Country of Origin Information report — South and Central Somalia — Country overview Different law systems are now applied by different communities within Somalia, based on: traditional (xeer) and customary law; Sharia; legislation from the period of independency (before Siaad Barre); and/or legislation from the rule of Siyaad Barre (1969-1991) ( 1014 ). More recently, some drafts of legislation were prepared which could have an impact on the future human rights situation in Somalia: • In February 2013, the Ministry of Justice presented a draft law to the Parliament on the establishment of a National Human Rights Commission (amended in May 2013) ( 1015 ). • On 11 July 2013, a draft media law, prepared by Somalia’s Ministry of Information, Post, Telecommunication and Transport, was adopted by the Somali Council of Ministers ( 1016 ). 4.1.2.3 Citizenship • 4.1.2.3.1 Citizenship Law (1962) Article 2 of the Citizenship Law of 1962 - Acquisition of Citizenship by Operation of Law – stipulates that any person: a) whose father is a Somali citizen; b) who is a Somali residing in the territory of the Somali Republic or abroad and declares to be willing to renounce any status as citizen or subject of a foreign country shall be a Somali Citizen. Article 4 of this Law arranged the Acquisition of Citizenship by Grant to any person who is of age and makes application therefor, provided that: a) he has established his residence in the territory of the Somali Republic for a period of at least seven years; b) he is of good civil and moral conduct; c) he declares to be willing to renounce any status as citizen or subject of a foreign country. Articles 10 and 11 of the Law arranged the renunciation and deprivation of the citizenship ( 1017 ). The Immigration and Refugee Board of Canada referred to a publication of Haji (1972), to state: ‘Somalian citizenship is transmitted through the father, which means that the children of a Somalian father are considered to be Somalian even if their mother is a foreigner.’ ( 1018 ) Practice in regard to citizenship has varied with time and governments. For example, the requirements of seven years residence and renunciation of other citizenships have not always been applied ( 1019 ). • 4.1.2.3.2 The Provisional Constitution (2012) Article 8 of the Provisional Constitution prescribes that the Parliament shall define how to obtain, suspend or lose the Somali citizenship, but also that this cannot happen based on political grounds. The principle of possible dual citizenship is also stated in the article ( 1020 ). By the end of 2013, the Parliament had not yet arranged citizenship in a law ( 1021 ). 4.2 General situation In its World Report 2014 (year 2013), Human Rights Watch reports that ‘Civilians continue to suffer serious human rights abuses as the new Somali government struggled to extend its control beyond the capital, Mogadishu, and to ( 1014 ) Ministerie van Buitenlandse Zaken (The Netherlands), Algemeen ambtsbericht Somalië, 19 December 2013 (http://www.rijksoverheid.nl/bestanden/ documenten‐en‐publicaties/ambtsberichten/2013/12/19/algemeen‐ambtsbericht‐somalie-2013-12-19/algemeen‐ambtsbericht‐somalie‐december-2013. pdf) accessed 27 May 2014, p. 39. Bertelsmann Stiftung, BTI 2014 - Somalia Country Report, 2014 (http://www.bti‐project.de/fileadmin/Inhalte/reports/2014/ pdf/BTI%202014%20Somalia.pdf) accessed 29 May 2014, p. 10. ( 1015 ) HRW, Comment to Somalia’s Parliamentary Committee on Human Rights, Women, and Humanitarian Affairs on Draft National Human Rights Commission Legislation, 12 June 2013 (http://www.hrw.org/sites/default/files/related_material/Memo%20NHRC%206%2010%202013.pdf) accessed 6 June 2014. ( 1016 ) IPS News, Media Law Hits Somali Journalists, 20 August 2013 (http://www.ipsnews.net/2013/08/media‐law‐hits‐somali‐journalists/) accessed 32 May 2014; Omar, A., ‘The verdict on Somalia’s new draft media law’, African Arguments [Weblog], 19 March 2014 (http://africanarguments.org/2014/03/19/ the‐verdict‐on‐somalias‐new‐draft‐media‐law‐by‐annisa‐omar/) accessed 6 June 2014. ( 1017 ) Somalia, Law No. 28 of 22 December 1962 - Somali Citizenship, 22 January 1963 (http://www.refworld.org/docid/3ae6b50630.html) accessed 2 June 2014. ( 1018 ) IRB Canada, The Horn of Africa: Multiple Citizenship of the Ethnic Somalis, 1 January 1992 (http://www.refworld.org/docid/3ae6a81120.html) accessed 6 June 2014. ( 1019 ) IRB Canada, The Horn of Africa: Multiple Citizenship of the Ethnic Somalis, 1 January 1992 (http://www.refworld.org/docid/3ae6a81120.html) accessed 6 June 2014. ( 1020 ) Federal Republic of Somalia, Provisional Constitution, adopted on 1 August 2012 (http://unpos.unmissions.org/LinkClick.aspxfileticket=RkJTOSpoMME) accessed 29 May 2014. ( 1021 ) US Department of State, Country Report on Human Rights Practices for 2013 - Somalia, 27 February 2014 (http://www.state.gov/j/drl/rls/hrrpt/ humanrightsreport/index.htmyear=2013&dlid=220158) accessed 27 May 2014.
EASO Country of Origin Information report — South and Central Somalia — Country overview — 99 some key towns in south‐central Somalia in 2013. Parties to Somalia’s long‐running armed conflict were responsible for serious violations of international law; abuses include indiscriminate attacks, sexual violence, and arbitrary arrests and detention.’ ( 1022 ) The armed forces are under the control of the Ministry of Defence; the SPF under the Ministry of Interior, and the other police under different local administrations. Yet, these authorities do not effectively control armed or police forces, whose abuses are mostly not investigated, thus maintaining a culture of impunity ( 1023 ). As regards Al‐Shabaab, and according to Human Rights Watch, ‘access to, and information about, Al‐Shabaab areas is severely restricted, but credible reports indicate that Al‐Shabaab has committed targeted killings, beheadings, and executions, particularly of individuals it accused of spying. Al‐Shabaab continues to forcibly recruit adults and children, administer arbitrary justice, and restrict basic rights.’ ( 1024 ) 4.2.1 Unlawful deprivation of life Arbitrary killings by government security forces, militias, Al‐Shabaab and other actors were reported. Executions by authorities took place without proper proceedings. Civilians were killed in armed clashes. Pirates killed hostages. In fighting between clans over resources revenge killings occurred. Often no investigations were undertaken ( 1025 ). 4.2.2 Disappearances According to the US Department of State, there were no confirmed reports of politically motivated or other disappearances committed by authorities in 2013. Al‐Shabaab, on the other hand, abducted people. In 2013, there was a decrease in the number of piracy incidents compared to previous years, but during these incidents, pirates continued to take hostages ( 1026 ). 4.2.3 Arbitrary arrest and detention Sources reported arbitrary arrests and detention of persons by security forces, militias and Al‐Shabaab. The authorities arrested and detained persons accused of terrorism, persons allegedly affiliated to Al‐Shabaab and journalists. Legal requirements such as warrants based on sufficient evidence, proper notification of the charges, access to a lawyer and other legal protection were often ignored ( 1027 ). 4.2.4 Torture and other cruel, inhumane, degrading treatment and punishments There are reports of, for example: sexual and gender‐based violence in IDP camps; beating of journalists at the hands of government forces, authorities or allied militias. Al‐Shabaab imposed cruel punishments such as public execution; or hand and leg amputations ( 1028 ). ( 1022 ) HRW, World Report 2014, Somalia, 21 January 2014 (http://www.hrw.org/world‐report/2014/country‐chapters/somalia) accessed 13 May 2014. ( 1023 ) UN Security Council, Report of the Secretary‐General on Somalia (S/2013/326), 31 May 2013 (http://www.un.org/ga/search/view_doc.aspsymbol=S/2013/326) accessed 1 July 2014; US Department of State, Country Report on Human Rights Practices for 2013 - Somalia, 27 February 2014 (http://www.state.gov/j/drl/ rls/hrrpt/humanrightsreport/index.htmyear=2013&dlid=220158) accessed 27 May 2014, p. 2-3. ( 1024 ) HRW, World Report 2014, Somalia, 21 January 2014 (http://www.hrw.org/world‐report/2014/country‐chapters/somalia) accessed 13 May 2014. ( 1025 ) UN Security Council, Report of the Secretary‐General on Somalia (S/2013/326), 31 May 2013 (http://www.un.org/ga/search/view_doc.aspsymbol=S/2013/326) accessed 1 July 2014; US Department of State, Country Report on Human Rights Practices for 2013 - Somalia, 27 February 2014 (http://www.state.gov/j/ drl/rls/hrrpt/humanrightsreport/index.htmyear=2013&dlid=220158) accessed 27 May 2014, p. 2-3; HRW, World Report 2014, Somalia, 21 January 2014 (http://www.hrw.org/world‐report/2014/country‐chapters/somalia) accessed 13 May 2014. ( 1026 ) US Department of State, Country Report on Human Rights Practices for 2013 - Somalia, 27 February 2014 (http://www.state.gov/j/drl/rls/hrrpt/ humanrightsreport/index.htmyear=2013&dlid=220158) accessed 27 May 2014, p. 3-4. ( 1027 ) HRW, World Report 2014, Somalia, 21 January 2014 (http://www.hrw.org/world‐report/2014/country‐chapters/somalia) accessed 13 May 2014; US Department of State, Country Report on Human Rights Practices for 2013 - Somalia, 27 February 2014 (http://www.state.gov/j/drl/rls/hrrpt/ humanrightsreport/index.htmyear=2013&dlid=220158) accessed 27 May 2014, p. 6-8. ( 1028 ) HRW, World Report 2014, Somalia, 21 January 2014 (http://www.hrw.org/world‐report/2014/country‐chapters/somalia) accessed 13 May 2014; US Department of State, Country Report on Human Rights Practices for 2013 - Somalia, 27 February 2014 (http://www.state.gov/j/drl/rls/hrrpt/ humanrightsreport/index.htmyear=2013&dlid=220158) accessed 27 May 2014, p. 4.
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Contents Acknowledgements 3 Disclai
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3.2.2.1 Somali National Armed Force
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BZ-04-14-466-EN-C doi: 10.2847/3117
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COI-Report-Somalia

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