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EASO Country of Origin Information report — South and Central <strong>Somalia</strong> — Country overview — 113<br />
Sometimes, FGS detains children allegedly associated with Al‐Shabaab, for example in the Mogadishu Central<br />
Prison, where children are reported to be kept under dire circumstances, locked up together with adults ( 1178 ).<br />
On 12 December 2013, the Serendi Rehabilitation Centre for defectors in Mogadishu opened a special wing for<br />
children ( 1179 ).<br />
4.4.2.3 Street children<br />
A large population of homeless children live and work on the streets, but numbers are difficult to estimate. UNICEF<br />
estimated that at least 5 000 children lived on the streets in Mogadishu in 2008. In 2011, during the famine which led<br />
many rural people to the capital, the number of street children was estimated at more than 11 000. The number is<br />
likely to rise even more, as child soldiers are being released as part of the governmental rehabilitation programme.<br />
Since the government lacks shelters for street children, former child soldiers may end up in the streets ( 1180 ). The<br />
situation of street children outside Mogadishu is less documented.<br />
A few private organisations have established orphanages or homeless centres, such as the Somali Orphans, Disabled,<br />
Homeless and Children’s Centre, opened in Mogadishu in February 2012 ( 1181 ). The NGO Kheyre Development and<br />
Rehabilitation Organisation (Kedro Creek) shelters street children as well. Many children are orphans; some are<br />
ex‐child soldiers with drug‐related problems. Drugs addictions and war traumas require specialised treatment which<br />
small NGOs cannot provide however, thus putting children at risk of being abused and becoming easy targets for<br />
militias’ recruitment again ( 1182 ).<br />
4.4.3 LGBT<br />
The Provisional Constitution (2012) does not contain articles on homosexual, lesbian, bisexual or transgender persons<br />
(LGBT) ( 1183 ). The only legal text in place is the 1962 Penal Code, Legislative Decree No 5/1962 ( 1184 ), Article 409,<br />
stating that homosexuality is illegal and is punishable by up to three years in prison: ’Whoever has carnal intercourse<br />
with a person of the same sex shall be punished, where the act does not constitute a more serious crime, with<br />
imprisonment from three months to three years. Where the act committed is an act of lust different from carnal<br />
intercourse, the punishment imposed shall be reduced by one third.’<br />
The legal practice in South/Central <strong>Somalia</strong> consists of a variety of local customary law (xeer) and Islamic law.<br />
In Al‐Shabaab‐controlled areas, same‐sex contacts and acts are punished according to the Sharia by flogging or<br />
stoning ( 1185 ). On 15 March 2013, Al‐Shabaab stoned to death an 18-year‐old man in Baraawe, Lower Shabelle Region,<br />
for engaging in a homosexual act. One Al‐Shabaab official stated that the man had forced a 13-year‐old boy to have<br />
sex with him. This information could not be corroborated by other sources ( 1186 ).<br />
Somali LGBTs living in Kenya express fears of being prosecuted and killed upon their return to <strong>Somalia</strong>. The same is<br />
true for HIV‐infected persons, who fear being killed if their disease is known. Al‐Shabaab announced ‘their intent to<br />
“enforce harsh punishment” against perpetrators of adultery and homosexuality as a means of attracting funding<br />
from religious groups and sects.’ ( 1187 )<br />
( 1178 ) US Department of State, Country <strong>Report</strong> on Human Rights Practices for 2013 - <strong>Somalia</strong>, 27 February 2014 (http://www.state.gov/j/drl/rls/hrrpt/<br />
humanrightsreport/index.htmyear=2013&dlid=220158) accessed 27 May 2014.<br />
( 1179 ) UN Security Council, <strong>Report</strong> of the Secretary‐General on <strong>Somalia</strong> (S/2014/140), 3 March 2014 (http://www.refworld.org/docid/531ef31f4.html) accessed<br />
19 May 2014.<br />
( 1180 ) SOS Children’s Village, Children on the streets of <strong>Somalia</strong>, 17 January 2013 (http://www.soschildrensvillages.org.uk/news/archive/2013/01/<br />
children‐on‐the‐streets‐of‐somalia) accessed 2 June 2014.<br />
( 1181 ) SomaliCurrent, Somali mother of homeless children, 7 March 2014 (http://www.somalicurrent.com/2014/03/07/somali‐mother‐of‐homeless‐children/)<br />
accessed 2 June 2014.<br />
( 1182 ) Kedro Creek Organisation (http://kedro.org/) accessed 15 July 2014. The Guardian, Somali NGOs call for help to ease burden of Mogadishu street children,<br />
16 January 2013 (http://www.theguardian.com/global‐development/2013/jan/16/somali‐ngos‐mogadishu‐street‐children) accessed 2 June 2014.<br />
( 1183 ) Federal Republic of <strong>Somalia</strong>, Provisional Constitution, adopted on 1 August 2012 (http://unpos.unmissions.org/LinkClick.aspxfileticket=RkJTOSpoMME=)<br />
accessed 26 June 2014.<br />
( 1184 ) ILGA, State Sponsored Homophobia, 13 May 2013 (http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf) accessed<br />
2 June 2014, p. 57. An unofficial English translation is available at: (http://www.somalilandlaw.com/Penal_Code_English.pdf)<br />
( 1185 ) AI, Making love a crime: Criminalization of same‐sex conduct in Sub‐Saharan Africa, 25 June 2013 (http://www.amnesty.org/en/library/info/AFR01/001/2013/<br />
en) accessed 2 June 2014.<br />
( 1186 ) Stewart, C., ‘Update on ‘gay man stoned to death’ in <strong>Somalia</strong>’, Erasing 76 Crimes [weblog], 23 March 2013 (http://76crimes.com/2013/03/23/<br />
update‐on‐gay‐man‐stoned‐to‐death‐in‐somalia/) accessed 2 June 2013.<br />
( 1187 ) Al Jazeera, Gay Somali refugees face death threats, 7 July 2013 (http://www.aljazeera.com/indepth/features/2013/06/2013630131245411453.html#)<br />
accessed 2 June 2014.