Mrs. Fathia Hussein Ahmed Chairperson

Mr. Mohamoud Garaad Mohamed Mrs. Hodan Mohamed Ali Mr. Yusuf Abdi Aden Vice chairperson Member Member

Mr. Libaan Ismail Mohamoud Mr. Idiris Hussein Suldan Mr. Saleban Warsame Guled Member Member Member

TECHNICAL MANAGEMENT OF THE COMMISSION

Director of Research and Education Mrs. Ayaan Mohamoud Askar Director of Monitoring, Advocacy and Investigations Mr. Abdisamad Sacad Hassan

Director of Complaints and Legal Services Mr. Mohammed Ali Abdillahi Director of Administration & Finance Mrs. Hana Abdi Daa’uud

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ACKNOWLEDGEMENTS

The Somaliland National Human Rights Commission acknowledges the support of the Government of Somaliland including the Chief of Justice, the Attorney General, the Deputy Attorney General, the Ministry of Health, Ministry of Social Affairs, the Ministry of Planning, Ministry of Finance, the Ministry of Religious and Endowment, the Ministry of interior, the Ministry of Foreign Affairs, the Ministry of Education and Custodial corps. The SLNHRC appreciates the support of the Parliament of Somaliland and the Subcommittee on Human Rights and justice.

The Commission appreciates the financial support of the Government of Somaliland and International Non-Governmental Organizations including Progressio, Norwegian Refugee Council (NRC), Horizon Institute, Health, Poverty Action (HPA) and the United Nations Office of the High Commissioner for Human Rights (UNOHCR).

The SLNHRC acknowledges NAGAAD Network, NAFIS, the Somaliland Lawyers Association, the Somaliland Women Lawyers Association and other CSOs for their support in enabling the Commission implement its mandate.

Special thanks also to the development worker Ms Juliet Kekimuli team and the Commissioner who work to compilation of this report for publication.

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TECHNICAL MANAGEMENT OF THE COMMISSION ...... 1 ACKNOWLEDGEMENTS ...... 2 ABBREVIATIONS ...... 6 ABOUT THE SOMALILAND NATIONAL HUMAN RIGHTS COMMISSION ...... 9 EXECUTIVE SUMMARY ...... 11 SECTION 1: PROMOTION AND PROTECTION OF HUMAN RIGHTS ...... 11 CHAPTER 1: COMPLAINTS MANAGEMENT IN 2014 ...... 11 CHAPTER 2: ASSESSMENT OF CONDITIONS IN PLACES OF DETENTION ...... 12 CHAPTER 3: HUMAN RIGHTS EDUCATION AND RESEARCH ...... 13 CHAPTER 4: FINANCE AND ADMINISTRATION ...... 14 SECTION 2: SITUATION OF HUMAN RIGHTS IN SOMALILAND ...... 15 CHAPTER 5: THE STATE OF MEDIA FREEDOM IN 2014 ...... 15 CHAPTER 6: MIXED MIGRATION IN SOMALILAND ...... 16 CHAPTER 7: ASSESSMENT OF ACCESS TO HEALTH SERVICES/ RIGHT TO HEALTH ...... 17 CHAPTER 8: HUMAN RIGHTS SITUATION OF INTERNALLY DISPLACED PEOPLE ...... 19 CHAPTER 9: ACCESS TO JUSTICE ...... 20 CHAPTER 10: ASSESSMENT OF THE RIGHT TO EDUCATION ...... 21 CHAPTER 11: HUMAN RIGHTS SITUATION WITH REGARD TO WOMEN ...... 22 CHAPTER 1: COMPLAINTS MANAGEMENT IN 2014 ...... 24 1.1 PROCESS OF RECEIVING COMPLAINTS ...... 24 1.2 COMPLAINTS REGISTERED AND RECEIVED IN 2014 ...... 25 1.3 NATURE OF ALLEGED COMPLAINTS IN 2014 ...... 25 1.4 INVESTIGATIONS ...... 26 1.6 ADVICE OFFERED AND/OR REFERRALS TO OTHER ORGANIZATIONS ...... 27 1.7 CHALLENGES FACED BY SLNHRC IN THE COMPLAINTS HANDLING PROCESS ...... 27 Recommendations ...... 28 1.9 CONCLUSION ...... 28 CHAPTER 2: ASSESSMENT OF CONDITIONS IN PLACES OF DETENTION ...... 29 2.0 INTRODUCTION ...... 29 2.1 LEGAL FRAMEWORK ...... 29

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2.2 PLACES OF DETENTION INSPECTED BY SLNHRC IN 2014 ...... 30 2.3 KEY FINDINGS IN PLACES OF DETENTION INSPECTED ...... 31 2.4 POLICE AND PRISON STAFF WELFARE ...... 36 2.5. CHALLENGES ...... 36 Recommendations ...... 36 2.7 CONCLUSION ...... 37 CHAPTER 3: HUMAN RIGHTS EDUCATION AND RESEARCH ...... 37 3.0 INTRODUCTION ...... 37 3.1 LEGAL FRAMEWORK ...... 37 3.2 EDUCATION AND OUTREACH ACTIVITIES ...... 38 3.3 HUMAN RIGHTS EDUCATION THROUGH PUBLICATIONS ...... 39 3.4 COMMEMORATION OF INTERNATIONAL AND NATIONAL HUMAN RIGHTS DAYS ...... 39 3.5 CHALLENGES IN THE PROVISION OF HUMAN RIGHTS OUTREACH ACTIVITIES ...... 41 3. 6 Recommendations ...... 41 3.7 CONCLUSION ...... 42 CHAPTER 4: FINANCE AND ADMINISTRATION ...... 42 4.0 INTRODUCTION ...... 42 4.1 OPERATION AND ADMINISTRATIVE STRUCTURE OF THE SLNHRC ...... 42 4.2 ANALYSIS OF FUNDING AT THE COMMISSION ...... 42 4.3 FINALIZATION OF THE SLNHRC STRATEGIC PLAN ...... 43 4.4 ENGAGEMENT WITH THE JUSTICE & HUMAN RIGHTS COMMITTEE OF PARLIAMENT ...... 43 4.4 CAPACITY BUILDING INITIATIVES ...... 43 4.5 INTERNATIONAL, REGIONAL AND NATIONAL ENGAGEMENTS ...... 43 4.5 CHALLENGES ...... 45 4.6 RECOMMENDATIONS...... 45 4.7 CONCLUSION ...... 45 CHAPTER 5: THE STATE OF MEDIA FREEDOM IN 2014 ...... 45 5.0 INTRODUCTION ...... 45 5.1. LEGAL FRAMEWORK ...... 46 5.2 ASSESSMENT OF MEDIA FRAMEWORK IN 2014 ...... 47 5.3 CHALLENGES REGARDING THE RIGHT OF EXPRESSION ...... 47

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5.4 SLNHRC INTERVENTION IN THE MEDIA FREEDOM ...... 49 Recommendations ...... 50 5.5 CONCLUSION ...... 50 CHAPTER SIX: MIXED MIGRATION IN SOMALILAND ...... 50 6.0 INTRODUCTION ...... 50 6.1 LEGAL FRAMEWORK ...... 51 6.2 MIXED MIGRATION AND ITS HUMAN RIGHTS IMPLICATIONS ...... 52 6.3 SOMALILAND GOVERNMENT INTERVENTIONS TO MIXED MIGRATION ...... 53 6.4 CHALLENGES ...... 54 6.5 Recommendations ...... 54 6.6 CONCLUSION ...... 54 CHAPTER 7: ASSESSMENT OF ACCESS TO HEALTH SERVICES/RIGHT TO HEALTH...... 55 7.0 INTRODUCTION ...... 55 7.1 LEGAL FRAMEWORK ...... 55 7.2 ANALYZING THE RIGHT TO HEALTH ...... 56 7.3 CHALLENGES IN ACCESSING HEALTH SERVICES, DRUGS AND EQUIPMENT ...... 60 7.5 CONCLUSION ...... 61 CHAPTER 8: HUMAN RIGHTS SITUATION OF INTERNALLY DISPLACED PEOPLE ...... 61 8.0 INTRODUCTION ...... 61 8.1 LEGAL FRAMEWORK ...... 61 8.2 SITUATIONAL ANALYSIS OF RIGHTS OF IDPS...... 62 8.3 CHALLENGES FACED BY IDPS AND IN THE REALIZATION OF THEIR RIGHTS ...... 64 8.4 Recommendations ...... 65 8.5 CONCLUSION ...... 66 CHAPTER 9: ACCESS TO JUSTICE ...... 66 9.0 INTRODUCTION ...... 66 9.1 LEGAL FRAMEWORK ...... 66 9.2 SITUATIONAL ANALYSIS OF ACCESS TO JUSTICE IN SOMALILAND ...... 67 9.3 CHALLENGES ...... 71 9.4 Recommendations ...... 72 9.5 Conclusion ...... 72

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CHAPTER 10: ASSESSMENT OF THE RIGHT TO EDUCATION ...... 72 10.0 INTRODUCTION ...... 72 10.1 LEGAL FRAMEWORK ...... 72 10.2 SITUATIONAL ANALYSIS OF THE RIGHT TO EDUCATION ...... 73 10.3 CHALLENGES ...... 75 10.4 Recommendations ...... 76 10.5 CONCLUSION ...... 76 CHAPTER 11: HUMAN RIGHTS SITUATION WITH REGARD TO WOMEN ...... 76 11.0 INTRODUCTION ...... 76 11.1 LEGAL FRAMEWORK ...... 77 11.2 ANALYSIS OF THE RIGHTS OF WOMEN IN SOMALILAND ...... 77 11.3 KEY INTERVENTIONS ON GBV PREVENTION AND RESPONSE IN 2014 ...... 82 11.4 RECOMMENDATIONS...... 83 11.5 CONCLUSION ...... 83 ANNEX 1: ...... 84

ABBREVIATIONS

CEDAW Convention on the Elimination of all forms of Discrimination Against Women

CICL Children in Conflict with the Law

CRPD Convention on the Rights of Persons with Disabilities

CSOs Civil Society Organizations

DRC Danish Refugee Council

FGM/C Female Genital Mutilation/Cutting

FY Financial Year

GoSL Government of Somaliland

HIV/AIDS Human Immuno Deficiency Virus/Acquired Immuno Deficiency Syndrome

HRE Human Rights Education

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ICESCR International Covenant on Economic, Social and Cultural Rights

IEC Information, Education and Communication

IDPs Internally Displaced People

IOM International Organization of Migration

JJL Juvenile Justice Law

MCH Maternal and Child Health

MMTF Mixed Migration Task Force

MRRR Ministry of Resettlement, Rehabilitation & Reintegration

PLWHAs Persons Living With HIV and AIDS

PWDs Persons With Disabilities

SAHAN Somaliland HIV/AIDS Network

SARC Sexual Assault Referral Centre

SGBV Sexual and Gender Based Violence

SLNHRC Somaliland National Human Rights Commission

SOLJA Somaliland Journalists Association

STDS Sexually Transmitted Diseases

TB Tuberculosis

UDHR Universal Declaration of Human Rights

UNCRC United Nations Convention on the Rights of a Child

UNICEF United Nations Children’s Fund

USD United States Dollar

VCT Voluntary, Counseling and Testing

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We are pleased to submit our annual report for 2013-2014, covering progress made during this period in our mandated areas of human rights monitoring and advocacy. Our main focus during this time was raising awareness among the public on broader aspects of human rights and providing legal assistance to those who need it most.

During this period the Somaliland National Human Rights Commission (SLNHRC) undertook a number of high priority projects, including monitoring detention centers and reforming our penal system.

The 2013-2014 period also saw SLNHRC undergo several organizational changes. We are now in the process of transforming the way we work within society and are aiming to provide training not only to local communities, but to government officers as well.

It is incredibly important that we ensure that our people know their rights and, more fundamentally, that they know where they can access the legal help they need to realise these rights. We hope to provide all Somalilanders, as citizens of a democratic state, with a platform to air their concerns.

There are recommendations in this annual report for government institutions to further the role of human rights and its protection within our society. We hope that these recommendations will be taken seriously and fully acknowledged.

We would like to thank the President, Parliament, Judiciary, Civil Society Organizations, International Non-Governmental Organizations, United Nations and all the human rights campaigners and victims who have shared their stories and time with us.

I would also like to take the opportunity to thank my incredible SLNHRC team. I am honoured and humbled to work with such hard-working, dedicated staff. Their commitment to the organisation and to the citizens of this country is shown every day in the work they do.

Fathia Hussein Ahmed

Chairperson

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ABOUT THE SOMALILAND NATIONAL HUMAN RIGHTS COMMISSION

Vision

SLNHRC envisions a democratic Somaliland, where human rights, freedoms and tenets of social justice are upheld.

Mission statement

To lead the protection and promotion of human rights and develop a culture of respect and responsibility for human rights by governments and all people in Somaliland.

Core Values

1. Transparency and Accountability.

2. Independence and autonomy.

3. Equality.

4. Professionalism.

5. Accessibility.

Mandate of the Commission

The functions of the Commission are provided for in Article 26 of the SLNHRC Act 39/2010 as follows:

1. To investigate independently a situation that they consider has caused social damage and deem important to be investigated. 2. Inspection of prisons, police stations and other canters used as jails, in order to see the living conditions of prisoners and to give appropriate advice to the concerned parties. 3. Upgrading (enhancing) awareness and educating the community on human rights and the reasons why they need to be respected by using scientific research programs, media or events that the commission finds applicable. 4. To inspect government agencies related to human rights and advising them on ways of developing, protecting and promoting respect for human rights. 5. Proposing to the Parliament laws to be amended or effective methods of protecting and promoting human rights. 6. Making recommendations and giving technical advice to the cabinet ministers and other government agencies, which are all, aimed at improving the protection of human rights.

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7. Strengthen the collaboration between the Commission and local organizations, which are engaged in the development of human rights, and at the same time contacting and working with the international agencies. 8. The Commission will give effective technical advice to the cabinet ministers and both houses of parliament towards improving and protecting human rights and basic freedom. This will include ratifying and approving laws and declarations. Article 38 of the SLNHRC Act requires the Commission to submit an annual report to the President and both Houses of Parliament. The Annual report should comprise the overall situation of human rights in the country.

Independence of the Commission

Article 2 of the SLNHRC Act provides for the Independence of the Commission, stipulating that the Commission would be an independent national institution and is subject to this Act in the performance of its duties.

Removal of the Commissioners

Article 20 of the SLNHRC Act provides for the termination of the Commission members on the grounds of death, resignation of the commissioner, if the commissioner commits an offense for which he can be sentenced to three years or more in prison, if a commissioner is unable to get his/her job done due to health problems or mental sickness and if a commissioner is absent without a reason in the scheduled meetings of the commissioners for 4 sessions in a row.

Powers of the Commission

Article 27 of the SLNHRC Act provides for the authority, powers of the commission, which include mediation, negotiation, fact-finding investigation and decision-making.

Staff of the Commission

The Commission is empowered by Article 23 of the SLNHRC Act to independently hire their office staff in accordance with the Civil Servants laws. The Commission staffs is expected to do their jobs, according to the terms of the agreement they had with the Commission and according to Labour Laws of the Country.

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EXECUTIVE SUMMARY

This is the second annual report of the Somaliland National Human Rights Commission to the President and the Parliament in accordance with Article 38 of the Somaliland National Human Rights Commission Act No.39/2010. This report is divided into two sections. Section 1 comprises four chapters detailing the mandate of the Commission under Article 26 of the SLNHRC Act. Section 2 is an assessment of the human rights situation in the country.

SECTION 1: PROMOTION AND PROTECTION OF HUMAN RIGHTS

CHAPTER 1: COMPLAINTS MANAGEMENT IN 2014

Chapter One discusses the Somaliland National Human Rights Commission’s function under Article 26 of law 39/2010, which entails receiving, investigation and resolution of complaints. The Chapter examines the nature of the complaints received and were investigated. The Commission received 151 complaints and more than half of these were effectively investigated and disposed off. The majority of complaints in 2014 were violations against the right to liberty and those who have been detained unlawfully beyond 48 hours. The unlawfully detained were 70 cases, in which 51 of these had long served their sentences and were still incarcerated. They were later released after the Commission intervened and 19 cases are still pending. The Commission’s tribunal settled 1 case, 28 complaints were non-human rights violations, 19 cases concerned, those who prohibited their right to appeal, 15 domestic violence cases, 1 child trafficking cases, 17 rape cases and 1 case of illegal extradition.

43 cases were not investigated as some of the witnesses did not return to the Commission with any evidence or documentation as requested. Some complainants decided to settle their complaints with the traditional elders while others were referred to the appropriate institutions.

Recommendations

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2. The Government of Somaliland should equip the Somaliland Police and Custodial Corps with the necessary facilities to enable them to fulfill their constitutional obligation to bring suspects to court within 48 hours and to efficiently perform their duties. 3. The Government of Somaliland should consider passing a Legal Aid Act to ensure access to justice for all.

CHAPTER 2: ASSESSMENT OF CONDITIONS IN PLACES OF DETENTION

The Commission is mandated under Article 26 of the SLNHRC Act to inspect places of detention in order to assess the conditions. In 2014, the Commission inspected 40 places of detention, which comprised of 27 police stations, 11 prisons and 1 street children center and 1 orphanage center. Some of the positive developments noted, where a decrease in prison population by 15.7%. The rationale for this decrease in the prison population was due to the campaigns and advocacy by the Commission to have inmates who have served their sentences to be released. Access to visitors by the inmates was a right that all the detention centers, respected with inmates being granted a right to access their visitors every Monday and Friday. Freedom of worship was also granted to the inmates. The Human Rights concerning that the Commission observed included poor sanitation and hygiene in most of the detention facilities, old dilapidated buildings, detention of juveniles and adult offenders in the same cells. The Commission observed that most of the detention center’s lacked medicines and drugs or even first aid kits within easy reach of the detainees.

There are also insufficient foods, bedding and clothing, poor lighting and ventilation and inhumane treatment were another significant human right concern in the detention centers. With regard to Prison rules and discipline, the Commission was informed in most of the detention centers that there are no stipulated rules for the prisoners or detainees to follow.

Long and arbitrary detention was found in both police stations and prisons were monitored such as Qudhac-dher police station, Daloodho police station, Koodbuur policestation, Burco police station Berbera police stations Sanaag police station, Gabiley prison, Mandhera prison and Hargeisa prisons.

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c) The Ministry of Health in its yearly budgeting and planning should include medicines and drugs for all detention facilities. There is a need to supply adequate transportation to all detention facilities. d) The Parliament of Somaliland should pass the Prisons and Police Bill into Law in order to domesticate the human rights standards in the international human rights treaties. e) The Custodial Corps and the Police should be provided with adequate resources to ensure that detainees are fed and clothed and provide with basic beddings and their sanitation improved. f) The Government of Somaliland should invest in the training of the custodial corps and police officers. UNODC conducted some training with the custodial corps for them to effectively carry out their duties etc.

CHAPTER 3: HUMAN RIGHTS EDUCATION AND RESEARCH

This Chapter gives insight to the education and outreach activities that the Commission engaged in 2014. The Commission conducted some outreach activities to promote human rights education. These activities included sensitizing Somalilanders through TV and Radio Programmes.

The Commission conducted TV and radio debates concerning rape in Somaliland and the eradication of FGM emphasizing zero tolerance to fight it. The Commission was involved in the launch of the 16 Days of Activism this year as well as a TV debate advocating for girls’ education, focusing remote areas in the eastern regions of Sanaag, Sool, and Togdheer.

In May 2014, the Commission partnered with the Somaliland HIV/AIDS Network (SAHAN) to launch hotline service in Somaliland. This is a service with telephone lines that are set up to receive calls from people seeking information on a variety of sensitive topics such as HIV/AIDS, reproductive health, child spacing, nutrition, rape, drug use and gender based violence etc.

Human rights education was enhanced through the publication of IEC materials with emphasis on the mandate, functions and powers of the human rights commission. The Commission actively participated in selected international and national human rights days to raise awareness of human rights among stakeholders. These included International Human Rights Day, the 16 Days of Activism against Violence of Women, Universal Children’s Day, International Disability Day and the World press freedom Day.

The challenges encountered by the Commission in the provision of human rights outreach activities included inadequate funding and poor knowledge of fundamental rights of the constitution and other laws.

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Recommendations

The SLNHRC reinforces the previous recommendations stated in the 2013 Annual Report. a) The Government of Somaliland should develop and implement national civic education policy which should oblige the government to ensure that civic education is considered a priority and that funding for civic education activities are sustained and adequate. b) The Government should designate a programme for continuous civic education to support the SLNHRC in fulfilling its statutory mandate in the area of human rights education.

CHAPTER 4: FINANCE AND ADMINISTRATION

This Chapter highlights the operation and administrative structure of the Commission. The SLNHRC is comprised of 7 Commissioners, including the Chairperson and the Vice Chairperson and 37 permanent staff. The Government of Somaliland through direct allocations to cover running and operational costs mainly funds the Commission. In 2014, the strategic plan of the Commission was completed, giving the Commission new strategic direction for the next 5 years.

The Chapter highlights the international and regional engagements that the Commission engaged in this year; these included an exposure visit and meetings in Nairobi. This was intended to establish a strong working relationship with the various donor agencies and other organizations whose work is in human rights. An institutional capacity building initiative with the aim of strengthening the Commission's understanding of human rights and sustaining their efforts in the promotion and protection of human rights in Somaliland was attended by two commissioners in Kampala, Uganda. This was organized by SORADI in connection with the East and Horn of African Human Rights Defenders Project (EHAHRDP).

The SLNHRC was represented at the fourth meeting of the regional committee for mixed migration in Addis Ababa. The meeting was to deliberate on the progress made by the various committee members in addressing the recommendations of the previous meetings and also makes recommendations for the next meeting.

Recommendations

A) The Ministry of Finance should provide additional resources to enable the SLNHRC establish at least two regional offices, one in the east and another in the western part of the country.

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SECTION 2: SITUATION OF HUMAN RIGHTS IN SOMALILAND

CHAPTER 5: THE STATE OF MEDIA FREEDOM IN 2014

This Chapter highlights the state of the media freedom in 2014 especially considering that the media have a role to play in the promotion and protection of human rights in Somaliland. The media in Somaliland are quite diverse with 1 national television station and 8 private owned televisions that are licensed. There is one government owned radio station that is radio Hargeisa. There are 13 newspapers in the country and about 40 online sites, although these online sites are not licensed and regulated.

Some of the positive developments with regard to the right of expression included an increased sense of solidarity amongst the journalists, the rise of Internet usage with a lot of the media practitioners depending on the Internet to gather and disseminate news. However, it is important to note that these Internet news outlets are not reliable because lack licensed and regulated.

The Commission noted that there were significant challenges that infringed on the freedom of the media, these including unlawful arrests on journalists and media that led to the infringement of the freedom. The closure of some media houses, including Universal TV, Haatuf and Hubaal Newspapers were another major challenge to the right of freedom of expression in Somaliland. These media houses have never been reopened despite the government’s promises to reopen them except Universal TV.

The law governing the media is inadequate because it limited to press that is press act no 27/2004 this excludes the other form of media including broadcasting (TV & Radio). The parliament in Somaliland is yet to pass some amendments to the media law which the Somaliland journalist Association (SOLJA) advocating for over 5 years

The commission notified there is lack of Professionalism, inadequate training and unethical conduct is often adverse to the right of freedom of expression in Somaliland. The Somaliland government proclaims the detention and arrests of journalists are on the basis of false report and self-defamation.

The commission believes the arrest of a journalist is not a solution to problems, but instead recommends proper training, building their capacity and amendments to the Media Act.

Recommendations a) The registration and licensing of all online news websites. b) There is a need for capacity building, especially training the journalists on their professional code of conduct so that what they report is within the albeit of the law.

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b) Commission Recommend to the Ministry of Information the formation of a board/watchdog consisting of at least one member of the government, the civil society, the human rights commission and the journalist associations. This will help regulate the dealings of the journalists and the government and the rest of society. This Board will also help mediate any misunderstanding that may arise between the journalists and the government. c) The Ministry of Information to develop and implement administrative measures alongside the Press Law to regulate journalists and media houses to work in a professional manner.

CHAPTER 6: MIXED MIGRATION IN SOMALILAND

This Chapter analyses the impact of mixed migration in Somaliland. Mixed migration consists of people who are on the move for different reasons, but who share the same routes, modes of travel and vessels. The phenomenon of mixed migration is not unique to Somaliland, as it has increasingly developed into an origin, destination and transit country for mixed migrants in the Horn of Africa.

Mixed Migration challenges in Somaliland include human trafficking and labor migration. Somaliland has experienced an increase in human trafficking and smuggling networks, which have established migration routes that have turned Somaliland into a transit country for the flow of migrants east to the port of Bossaso in Puntland, north to Djibouti as well as well across the Sahara desert passing through Ethiopia, Sudan and Libya as a means for crossing the Mediterranean sea. IOM has estimated that 3200 migrants have died attempting to cross the Mediterranean Sea this year, however the actual number will never be known, as many bodies are lost at sea.

The question of youth unemployment is a recurring human rights concern in Somaliland. The Commission noted that over 50% of the youth in Somaliland are unemployed. As a result, many choose to cross the borders in search of better opportunities outside of Somaliland. The GoSL says it is committed to lowering the rate of youth unemployment to reduce the rate of the flow of young people out of the country.

The GoSL in its 3rd meeting of the Regional Committee on Mixed Migration undertook to implement certain recommendations and its achievements in regard to migration and security; assisted voluntary return and reintegration and Labour migration are explicitly stated in the chapter.

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Recommendations a) The Ministry of Finance in Somaliland should support mixed migration activities an effort to curb down on mixed migration within Somaliland. These activities include the integrated border management system. b) The Parliament should draft a law against Anti trafficking and smuggling. c) The Somaliland Mixed Migration Taskforce should conduct research addressing Somaliland’s illegal migration epidemic through understanding its root causes and enabling factors and by identifying gaps in national awareness and government capacity. d) The MMTF to collaborate closely with other MMTFs within the region.

CHAPTER 7: ASSESSMENT OF ACCESS TO HEALTH SERVICES/ RIGHT TO HEALTH

This Chapter assesses the access to health services and goods including drugs and services. The Commission made an assessment of access to quality health care to monitor the GoSL’s obligations to respect international human rights standards. The Commission reviewed reports of the health sector as well as held consultative meetings and also inspected some health care facilities particularly the herbal centers (CILAAJIS).

With regard to the availability of essential health care facilities, there are 117 MCHs of which 6 are non-functioning, 28 government hospitals of which 15 are TB hospitals and 3 are mental hospitals, 8 regional hospitals with 2 in Hargeisa. There is one national referral hospital and about 15 private hospitals in the country and a number of herbal centres.

Two new hospitals were constructed by the Ministry of Health (MOH); 1 in Berbera which handles emergencies due to several accidents on the highway to Berbera and other in Burao which is a mother and child hospital.

There is a shortage of qualified health professionals within the country as a result of the civil war and the exodus of trained personnel abroad. However, there are 2 recognized medical schools, 5 nursing schools and 2 schools of midwifery. The Commission through its review of reports from the health sectors observed that there are many members of the staff not properly trained, poorly motivated and many are not in the payroll

The availability of essential drugs/medicines is one of the core obligations of states that have ratified the ICESCR including Somaliland, which respects and upholds all international human rights law. Somaliland has developed a National Drug Policy, which will guide, regulate and improve the quality of drugs in the country; an essential drugs, list of different health service delivery levels has been developed and is already in use. In the public sector, drugs are provided by donors and partners. These drug kits for primary health care facilities arrive in the country and are stored in the central medical stores in advance of

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distribution to health facilities. The Government of Somaliland through the Ministry of Health has established a Drug Control Authority, this entity is responsible for controlling drugs imported to the country, and it regulates and controls drug importers, distributors and pharmacies and ensure rational use.

The Commission inspected 7 herbal centers in which it was noted that there is a dispensary in the (2) Raywaan psychosocial centers, which supplies drugs to the mentally ill. All herbal centers are unlicensed, uncontrolled and many of them do not depend on knowledge the majority of patients in the herbal center are mentally disordered people.

In Hargeisa Mental Hospital there is a significant development as there is dispensary with strict supervision for dispensing the drugs. An Italian organization TRG has supported the Hargeisa Mental hospital and supplied drugs, constructed new wards and provided psychosocial support.

Accessibility of essential health care facilities and drugs by vulnerable groups is limited, especially for those in the rural areas and urban. 55% of the populations in Somaliland live in the rural areas where there are limited health care facilities.

The Commission noted that the challenges in accessing health services, drugs and equipment on large population in the rural area who can’t afford to pay for basic services; there is also inaccessibility of the health care facilities to those vulnerable people

The Commission has seen inadequate medical equipment and supplies in the various health centers and facilities.

Recommendations a) The Government of Somaliland should increase the funds allocated to the health sector in line with the Abuja Declaration requiring 15% of the budget in order to address the poor quality of health care services. b) As recommended in the previous annual report, the Ministry of Finance should allocate funds to the Ministry of Health for the procurement of medical equipment for the hospitals and health centers in all regions of Somaliland. c) Commission recommends for ministry of health and ministry of religion affair should license to the herbal and religion treatment centers (Cilaajis) and close those who are not qualified for treatment. d) For accountability purpose, privately owned clinics should be subjected to regular monitoring compliance body.

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CHAPTER 8: HUMAN RIGHTS SITUATION OF INTERNALLY DISPLACED PEOPLE

This Chapter discusses the situation of IDPs in Somaliland, as they constitute much of the population. These IDP’s are vulnerable because of their unique status as they have not crossed any international border, but have remained within their country and may have been displaced due to economic hardships, drought, armed conflict, human rights violations, etc. All the regions of Somaliland have IDPs settlement, but Hargeisa, Burao and Boroma have the largest number of IDPs in Somaliland with 7 camps in Hargeisa, 9 in Burao and 6 in Boroma.

Some of the positive developments with regard to IDPs include infrastructure development with the construction of 700 semi-permanent shelters for IDPs, 700 water tanks were installed beside each home to facilitate the water access and temporary health posts constructed. With regard to the provision of essential items/emergency response, the Commission noted that the government and other organizations have responded positively to the needs of IDPs through the provision of items for housing, ensuring water flow, etc. Danish Refugee Council has provided incentives to survivors of gender-based violence; the Norwegian Refugee Council distributed 70 non-food items to IDP camps, 129 shelter kits, 829 hygiene kits, 829 solar lamps and 415 sanitation kits.

The provision of psychosocial support is another positive development, especially with the Danish Refugee Council giving psychosocial support to victims of sexual and gender based violence.

Human Rights concerns, including the Right to Education is not fulfilled with regard to the IDPs as most of schools are far from the camps and they are not easily accessible by the IDPs. Poverty is the underlying issue in these IDP households and as such the majority face considerable constraints in feeding their families and also the failure to meet education related costs such as tuition. Water and sanitation is a major issue within the camps as there is a shortage of water and low income, which affects their daily life and activities. However, some camps get piped water like State house and Daami. In Borama all the camps are able to get piped water.

The Commission noted that most of the internally displaced persons live in Somali huts, some of which are grass thatched and some are made out plastic bags. The IDPs that were relocated to Digaale and Ayah live in iron sheet housing, which is not conducive in extreme weather especially when it is hot.

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The Commission noted during its monitoring visits that the MOH has improved in its efforts to bring health care facilities to IDPs, though some health posts are not close to the camps, which makes it difficult for the elderly to reach.

Recommendations a) The Government of Somaliland should take affirmative action where required to ensure that IDPs enjoy their rights in equality with non-displaced citizens. c) The Ministry of Health and Ministry of Education should construct more health centers and schools respectively in the IDP camp settlement.

CHAPTER 9: ACCESS TO JUSTICE

This Chapter analyses access to justice in Somaliland. Access to Justice is considered a fundamental human right as set out in Article 8 of the UDHR and the ICCPR ensures that victims of human rights violations have an effective remedy, have the right to have their claims determined by competent judicial, administrative and legislative authorities or any other competent authority and those competent authorities enforce such remedies.

The Chapter further highlights the situational analysis of the court system in Somaliland, which has a supreme court, regional courts of appeal, regional courts, district courts and the courts of the National Armed Forces. A mobile court system was established in all the regions of the Somaliland through UNDP’s access to justice project. This system has been efficient in adjudicating a total of 824 cases from January to September in the 6 regions of the country.

The Provision of legal aid through the access to justice project has enabled vulnerable people, especially victims of sexual and gender based violence to get legal redress. The numbers of legal aid clinics that have been operational from January to September were 8 with 4 being in Hargeisa. The number of citizens receiving legal aid disaggregated by gender in the first three quarters of the year was 1044 females and 2135 males and these included children, IDPs, minorities, refugees and asylum seekers. The number of citizens released with legal support was 522.

The number of rape and sexual and gender based violence from January to September was 375 cases with 188 of these undergoing the formal process. 35 of these cases resulted in conviction of the perpetrators.

The Attorney General’s office (AGO) in Somaliland plays an important role in the dispensation of justice with 26 prosecutors and with offices in all the regions of the country. The AGO’s office prosecutes all types of cases including cases of sexual and gender based violence and those involving children in conflict with the law.

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With regard to children in conflict with the law, a juvenile/GBV unit was established in Hargeisa, Burao and Borama regional prosecution offices and these units are discharging their duties effectively and efficiently providing high quality services to the children who are in need of legal services.

The drafting of bills especially the Sexual Assaults Bill drafted to curb and curtail the rates of sexual violence in the country is another way that will enable women to access justice. The SLNHRC whose main office is located in Hargeisa is yet another means through which victims of human rights violations can access justice. The Commission tribunal is obliged to decide any human right violation cases.

Recommendations a) The development of a policy on legal aid will enable the disadvantaged people or marginalized people to easily access legal assistance and aid. b) The Ministry of Justice should develop infrastructure of court and attorney general offices c) The inclusion of the Attorney General’s Office in the UNDP’s Access to Justice Programme is highly encouraged as this will hasten access to justice and enable speedy dispensation of justice.

CHAPTER 10: ASSESSMENT OF THE RIGHT TO EDUCATION

The Chapter assesses the quality education, which falls solely on the Government of Somaliland, through the Ministry of Education. After inspection the Commission has noted that there are some progressive steps to the realization of this fundamental human right. In 2014, the Ministry of Education has constructed and rehabilitate 24 schools in Sanaag Region. Also ministry constructed new school extension 12 classrooms and five pit latrines, two stores, two offices with furniture and water tanks in Hargeisa region. Somaliland has a policy of free education, which was launched at the beginning of 2011, and this commitment has extended to all regions of the country where the people are poor and could not previously afford the fees. The Government of Somaliland’s commitment to make primary education free for all is also indicated by the financial projections that were contained in the mid-term fiscal strategy. In April 2014, the Government of Somaliland through the Ministry of Education and Higher Education made some commendable efforts to improve the quality of education. This was by signing a memorandum of understanding with three district councils of Boroma, Berbera and Burao to pilot a devolved system of managing primary school education in a move to strengthen and improve the delivery of education services.

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The challenges to this right of education include an inadequate budgetary allocation to the education sector, overcrowding in the schools and lack of adequate educational materials in the schools. There is a lack of textbook policy, which would serve as a basis for teaching, learning of skills vital to personal, social and national development. There is a weak institutional framework for curriculum policy formulation.

Recommendations a) The Ministry of Finance should allocate adequate funds to the Ministry of Education in order to carry out its functions of quality education service delivery and meet the minimum core obligations under the ICESCR. b) There is an urgent need to do curriculum assessment in areas of objectives, content, teaching learning activities, methodologies, and resources to identify gaps between what is desired and what exists.

CHAPTER 11: HUMAN RIGHTS SITUATION WITH REGARD TO WOMEN

This Chapter highlights the plight of women in Somaliland. The human rights of women are a developmental issue because gender inequalities can prevent a society from realizing its full potential in all areas of development, including economic, social and political.

Women empowerment in Somaliland with regard to participation in the decision making process at all levels is an important human rights issue that has a direct bearing on the strengthening of democratic values in the country. In 2014, the civil society tabled a proposal before the Parliament seeking it to set aside seats for women in the House of Representatives and House of Elders. The Standing Committee was very receptive of this proposal, however this has never been discussed in the Parliament because of other priorities, such as Electoral law before the house. Currently there is only one woman in the two chambers of Parliament and only four women in the cabinet ministers.

Human Rights Concerns for women in Somaliland include female genital mutilation, rape and domestic violence. The divergent views with regard to female genital mutilation have hampered the efforts to eradicate female genital mutilation. These views, especially amongst the religious leaders, have lead to some believing it is permitted in Islamic teachings, whilst others advocate for zero tolerance.

The Network against FGM in Somaliland (NAFIS) collaborating with the Commission, civil society and religious leaders intend to conduct consultations at community levels in order to have an informed decision concerning FGM. Psychosocial counseling is one of the services that are provided for in three FGM survivor support centers established by the NAFIS network. These centers in Hargeisa, Burao and Boroma cities provide general health

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education, such as antenatal, postnatal and childcare as well as providing the necessary care for patients with FGM/C complications.

Rape is still prevalent in Somaliland with 375 cases reported from January to September. The Commission was informed that in Burao, Erigavo, Berbera and Las-Anod there were 7 different cases of gang rapes whereby more than 6 perpetrators rape one victim in each incident. The prevalence of rape was attributed to the community denial of rape occurrence, interference from traditional elders of the rape cases being taken through the formal justice system.

In its findings, the Commission noted especially for the victims that the effects of rape included physical problems, e.g. hurts/injuries, broken bones and teeth, psychological problems such as suicidal attempts, isolation and trauma.

The Commission in collaboration with civil society tabled before the Parliament an Anti- Rape Bill, which aims at curbing rape incidents in the country. The Commission also worked with the Civil Society in drafting an Anti-FGM bill encouraging zero tolerance for FGM. These are before Parliament and are yet to be passed into law.

Recommendations a) In order to have maximum effectiveness with the zero-tolerance campaign against FGM, the UN agencies and the International non-organizations should take a back seat. b) The parliament should approve rape and FGM Acts, which will, strength of women’s rights. d) The traditional justice system for rape cases should be eliminated and punishment be imposed for traditional elders who try to solve such cases. e) The implementation and enforcement of Sharia law and most especially the punishment imposed for the perpetrators. g) Campaigns on the importance of girl child education should be continued, as this is the way to empower the role of women in the society against harmful traditional practices of FGM. h) Creation of jobs or income generating projects for FGM practitioners will help deter them from this harmful practice

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SECTION 1: PROMOTION AND PROTECTION OF HUMAN RIGHTS

CHAPTER 1: COMPLAINTS MANAGEMENT IN 2014 1.0 Introduction

Article 32 of the Somaliland National Human Rights Commission Act stipulates that everyone who complains that his or her violation of basic rights and freedoms enshrined by the Constitution of Somaliland by individual, public agency and any entity embarked for social management shall come to the Commission. The Commission is also mandated to independently investigate a situation that they consider to have caused social damage that they deem important to be investigated. In implementation of the above mandate, the SLNHRC has continued to receive complaints of human rights violations, thus SLNHRC conducted investigations, offered counseling services and made referrals.

1.1 PROCESS OF RECEIVING COMPLAINTS

1.1.1 Who may lodge a complaint

Any person claiming a violation of a fundamental right may bring a complaint before the SLNHRC for redress. Complainants may include victims of human rights violations, relatives, friends, legal representatives, organizations, institutions, concerned parties or anyone authorized by the victim. Persons lodging complaints before the Commission may not only complain on their own behalf, but also on behalf of others similarly affected by the alleged violation this is known as a representative complaint. In addition to the above, the SLNHRC may also open a complaint on its own initiative where a violation is identified.

1.2.1 Mode of receiving a complaint

The Commission when lodged in person that is the complainant come to the Commission to tell their story may receive complaints. They can also be received by phone or mail although this is not very common. No fees are charged for lodging a complaint since all the Commission’s services are free of charge.

The Commission attends to all people who contact the institution for its intervention into their matters. The Commission’s policy is to never to turn away any person without listening to him or her. As such, where a complainant brings a complaint that is not within the mandate of the Commission, the person is either given advice on how to go about the matter or is referred to another institution that can handle the matter. The Commission also works closely with various national institutions and civil society organizations (CSOs)

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where it refers matters that do not fall within its mandate or cases that these bodies are best placed to appropriately handle.

1.2 COMPLAINTS REGISTERED AND RECEIVED IN 2014

The Commission received 151 complaints from January to November. 123 were registered as human rights violations while 28 were non-human rights violations and the Commission referred these to the appropriate institutions. Most of these complaints were received from victims and witnesses that came to the Commission offices and other complaints received from the detention centers.

1.3 NATURE OF ALLEGED COMPLAINTS IN 2014

In 2014, there were a high number of complaints registered against the violation of the right to liberty/detention with 70 complaints of illegal arrest and detention. 51 of these complaints were those people who had long served their sentences and were never released. 19 were those who had been denied the right to appeal, which is hindering access to justice. There was a notable decrease in the number of complaints received for rape in 2014 with 17 complaints received while there were 27 rape complaints in 2013.

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Table 1.1 shows the Number & Nature of Complaints received and registered by the Commission

Nature of Complaints No of Complaints Domestic Violence 15 Illegal arrest/detention beyond 48 hours 70 Denial of the right to appeal 19 Illegal Extradition 1 Rape 17 Child Trafficking 1 Nonhuman violations 28

Figure 1.1 shows the Number & Nature of Complaints received and registered.

1.4 INVESTIGATIONS

In fulfillment of its mandate to investigate human rights violations, the Commission investigated cases of illegal arrest and detention as well as other human rights violation complaints. The Commission investigated the complaints of detainees that had already served and completed their prison terms and were still held in prison. 62 complaints were fully investigated and brought to completion. 1 case was mediated and settled amiably by the Commission and 43 complaints were not fully investigated; these included those that were non-human rights violations and the cases of domestic violence.

The Commission was unable to fully investigate the domestic violence cases as the complainants never returned to the Commission with accurate documents or even

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witnesses to verify their information. Some of the complainants when contacted over the phone informed the Commission that their complaints were resolved by the traditional elders/leaders through mediation. However some complaints never return because of cultural reason/ barriers.

1.6 ADVICE OFFERED AND/OR REFERRALS TO OTHER ORGANIZATIONS

The Commission through its referral is able to handle only those cases that it can appropriately handle without being overwhelmed. The referral system enables the SLNHRC to avoid duplicity of cases and situations where complainants will look for solutions for the same complaint in different institutions/organizations.

The Commission referred 28 cases to the appropriate institutions. The complaints referred included 23 family disputes, 1 health of a refugee, 2 land disputes that needed for court presentation, 1 labour dispute and 1 family welfare.

Table 1.2 shows the number and nature of complaints referred to the other institutions/organizations

No of Complaints Nature of the Case Institution referred to 2 Cases Land disputes Lawyers Association 23 Cases Family Disputes Lawyers Association/District Court 1 Cases Health concerns of Refugees UNHCR 1 Cases Labour matters Ministry of Labour and Social Affairs 1 Cases Welfare of a family Somaliland Presidential Welfare Office

1.7 CHALLENGES FACED BY SLNHRC IN THE COMPLAINTS HANDLING PROCESS

The challenges that the Commission faces with regard to the handling of complaints are recurrent and need to be effectively addressed in order for the Commission to carry out its mandate. a) The lack of cooperation from respondents continues to affect the timely resolutions of complaints. b) Inaccessibility of the some citizens in the regions to reach the Commission with their complaints and this inhibits an accurate picture of the human rights violations in the country. c) Inadequate resources to facilitate timely disposal of complaints. d) There is a lack of regional presence, especially with the complaints received from the regions that needed to be investigated further.

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Recommendations

1. As recommended in the previous Annual Report; a) The Government should provide adequate resources to the Commission to facilitate the timely disposal of complaints. b) The Commission should open up regional offices or alternatively set up a hotline in the regions for people to easily access the Commission with their complaints. 2. The Government of Somaliland should equip the Somaliland Police and Custodial Corps with the necessary facilities to enable them to fulfill their constitutional obligation and to efficiently perform their duties. 3. The Government of Somaliland should consider passing a Legal Aid Act to ensure access to justice for all.

1.9 CONCLUSION

The handling and management of complaints is very crucial for the Commission to effectively fulfill its mandate. This year the Commission registered more achievements in handling the complaints of human rights violations as most of the complaints were investigated. The Commission worked more effectively with their key stakeholders to whom certain complaints were referred for their appropriate disposal.

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CHAPTER 2: ASSESSMENT OF CONDITIONS IN PLACES OF DETENTION

2.0 INTRODUCTION

The SLNHRC in line with its mandate continued to monitor the human rights situation in various places of detention to assess the conditions of suspects and inmates. In assessing the conditions in the detention places, the Commission examined aspects such as the prison population, the buildings, sanitation and hygiene, lighting and ventilation, long and arbitrary detention, and incarceration of children with their mothers. The commission also focused on the welfare of the inmates in terms of access to food, water, information, clothing, bedding and health care services, etc. The monitoring and inspection of the places of detention were done to assess compliance with national and international human rights standards as discussed in this chapter.

2.1 LEGAL FRAMEWORK

The fact that people deprived of their personal liberty are cut off from the outside world makes them vulnerable. They have to depend on the authorities detaining them for their basic needs. The promotion and protection of the rights of persons deprived of their liberty have been provided for in the international legal framework, which Somaliland respects, and national legal framework in Somaliland.

2.1.1 International Legal Framework

Somaliland has not out rightly ratified any international instruments; its constitution stipulates the importance of adhering to international standards. Article 10 (2) of the Constitution incorporates international law and makes it part of the law of the land if it is consistent with the interests of Somaliland and in line with Sharia Law. The International Covenant on Civil and Political Rights (ICCPR) and the UN Convention against Torture and Other Cruel, Inhuman or Degrading treatment or Punishment (CAT) are international treaties that guarantee and provide for the humane, dignified and respectful treatment of detainees as human beings and their freedom from torture and cruel, inhuman or degrading treatment or punishment.1

Children in conflict with the law commonly referred to as ‘juvenile offenders’ are also accorded special protection measures during their interaction with the justice systems.2 The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) provides for the protection and humane treatment of women in detention.

2.1.2 National Legal Framework

1 Article 7, 9-11 of the 1966 International Covenant on Civil and Political Rights and reiterated in Articles 4,10 &13 22 These protection measures are enshrined in the UN Standard Minimum Rules for the Administration of Juvenile Justice(Beijing Rules); UN Rules for the Protection of Juveniles deprived of Liberty(JDL Rules) and the UN Guidelines for the Prevention of Juvenile Delinquency(Riyadh Rules)

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Article 27 of the Somaliland Constitution stipulates for the rights of persons deprived of their liberty, including the right to bring before a court of law within 48 hours, legal representation access amongst other rights. Other legislation that also guarantees the specific rights of detained persons and provides for the treatment and care of persons in detention includes the Penal Code Act, and Somaliland Prison Law No.94/96.

2.2 PLACES OF DETENTION INSPECTED BY SLNHRC IN 2014

The SLNHRC in fulfilling its mandate inspected 40 places of detention and 2 welfare and child centers in Somaliland in 2014. These comprised 27 police stations, 11 prisons and 1 street children center and 1 orphanage center in Somaliland.

Table 2.1this indicates the places of detention inspected by the Commission.

Region Prisons Police Street Orphanage Total stations children Centre Maroodi-Jeex 2 10 1 1 14 Awdal 1 2 - - 3 Togdheer 1 4 - - 5 Sanaag 3 4 - - 7 Sahil 2 3 - - 5 Sool 2 4 - - 6

Figure 2.1 below indicates the number of prisons inspected the Commission within all t Region

Figure 2.2 shows the number of Police Stations inspected by the Commission in 2014

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2.3 KEY FINDINGS IN PLACES OF DETENTION INSPECTED

The Commission observed some improvements in some of places of detention and in others the conditions were the same as last year.

2.3.1 Positive Developments a) Decrease in Prison Population

The Commission found different categories of detainees, including inmates on remand, convicts, and civil debtors, inmates who had long served their sentences and were still languishing in prison. The Commission noted that the total number of inmates and detainees was 1914 with 1587 convicted and 327 on remand. The total number of inmates that were children was 118. It was noted that there were more male inmates than female inmates. Some of the inmates were those with disabilities who did not have any specific facilities to cater for their special needs. The suspects in the police stations were both adults and juveniles on various charges.

The prison population in 2014 decreased by 15.7%. The rationale for this decrease in prison population is because of the campaigns and advocacy of the Commission to have inmates who have served their sentence to be released. This year the Supreme Court and Court of Appeal of Maroodi-Jeex region has released a lot of prisoners who have been illegally detained having completed their sentences. The Parliamentary Committee for Justice and human rights made assessments and monitoring in all detention centuries and were engaged in advocacy campaigns to release unlawful inmates. b) Access to Visitors

The Commission observed that the detention centers, the detainees and inmates were given access to their families/ relatives at least once a week. It was highlighted that in all the prisons, the prison staff respected the inmates’ right to access their visitors and this is done on Mondays and Fridays. The prisoners were afforded an opportunity to make telephone calls in the commander’s office if necessary or in times of emergencies.

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c) Freedom of Worship

Somaliland being a Muslim nation has lslam as its religion. In this regard, the Commission observed that in all the detention facilities the detainees were allowed to pray on a regular basis. The Commission noted that the prisoners chose amongst themselves an Imam to lead their Friday prayers.

2.3.2 Human Rights Concerns

a) Poor Sanitation and Hygiene

Sanitation and hygiene in the detention centers inspected by the SLNHRC in terms of toilets/pit latrines, availability of water and all sanitation facilities. The situations of the toilet/pit latrines in most of the detention and welfare centers visited by the Commission were poor that is a number of inmates sharing few toilets/pit latrines. In Burao prison 60 inmates share one pit latrine, which is hardly emptied. In Berbera and Erigavo prisons, the pit latrines were backed up when the Commission team visited. The 2 latrines for the females in Berbera prison need to be rebuilt.

In most police stations of Somaliland, all inmates share in one single latrine even there are increasing a number, this latrine shortage causes hygiene to be poor.

With regard to water is insufficient in some prisons e.g. Erigavo Gar-adag prisons have inadequate tanks or vessels to store water. Erigavo prison has 270 inmates and the capacity of water in the tanks is 160 liters, which was not sufficient for daily usage.

The Commission observed that with garbage disposal, the situation varies depending on the prison. In Burao prison, the garbage is taken to the local government for disposal and while in Erigavo and other prisons visited the garbage is burnt.

b) Old, Dilapidated Buildings

The buildings in most of the detention centers and rehabilitation centers were constructed decades ago in the colonial days and cannot contain the population in these centers. The cells are very small and inadequate to accommodate the population. Burao prison is the oldest with very little renovations done on it. Berbera Prison is very old with leakages in the roofs and not the buildings, are conducive in the very hot weather. In June, the prisoners in Berbera rioted over the prison conditions, especially because of the extreme weather conditions. The Prisoners demanded to be transferred to Mandhera Prison because it was very hot in Berbera.

b) Detention of Juveniles and Adult Offenders

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The Commission observed that the juveniles and adult offenders were detained in the same cells in most detention centers. The Law prohibits this because it makes the juveniles/children vulnerable to violence, abuse and mistreatment. The Commission observed during its monitoring that most of the police stations don’t have special cells for juveniles. Mandhera prison was the only prison noted to have special cells for juveniles especially boys. Hargeisa prison previously had separate cells for juveniles however, with the attempted escape of some inmates from Hargeisa prison in May, it was decided not to have separate any inmates and it is common practice that no women are imprisoned in Hargeisa but rather there are taken to Gabiley Prison.

e) Access to Health Care of the Detainees

Detainees are entitled to the enjoyment of the highest attainable standard of physical and mental health. This will include access to quality health care and medicine. The SLNHRC observed that in all prisons, police stations and even street children center did not have any medicine or drugs or even first aid kits within easy reach if the detainees needed them. Health Care facilities were not easily accessible as the detention facilities lacked any means of transport to facilitate the movement of any sick inmates. The Commission was informed that if an inmate or detainee falls sick, then their families will be notified and these may bring those medicines but they are not allowed to transport them. The challenge remains for those whose families are not within easy reach. f) Long and Arbitrary Detention

Cases of long and arbitrary detention were found in both police stations and prisons and were documented by the Commission during its monitoring of these detention centers. 27 cases of long and arbitrary detention were documented and of these 7 were cases of inmates in Hargeisa Prison who had completed their prison terms, 11 were cases of

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inmates who had served and completed their prison sentences in Mandhera Prison and 9 were cases of illegal arrest in Qudhac-dher police station, Daloodh, Koodbur and Hargeisa Central Police station. The Commission was able to intervene in some of the cases and 11 inmates in Mandhera Prison were released and the other cases were referred to the courts and to the Attorney General’s office.

g) Insufficient Food, Bedding and Clothing

The Right to be provided with food is a basic right for the inmates in the prisons and police stations. In most of the prisons, the officers in charge mentioned that each inmate are entitled to eight thousand Somaliland shillings (8000shs) per day according to the government budget. The Commission highlighted that this is not sufficient for them to have three meals a day. It was noted that the government does not cater for food provisions for detainees in police stations.

The Commission observed that there were some detention centers where clothing and beddings in the form of blankets, mattresses and mats were provided. However, it was noted that some of these buildings were old. In Hargeisa, Burao and Borama prisons the inmates complained that their buildings are so old and very thin and inadequate for them to sleep.

h) Inhumane Treatment

Article 7 of the ICCPR stipulates that no one subjected to torture or to cruel, inhuman or degrading treatment or punishment. Some inmates in detention centers have their leg chained and this is deemed as a punishment and inhibits their movement within the prison. Those who are deemed to have committed serious offences, e.g. murder, terrorism and piracy are the ones subjected to this kind of treatment. Prisoners are also chained outside in the back of the cell-lock where they may stay for several hours in the sun being subjected to inhuman treatment.

i) Lighting and Ventilation

During the monitoring of the different detention centers the Commission observed that the lighting and ventilation of the prisons and police stations rooms was inadequate for the inmates. The cells are overcrowded with no windows, but rather small ventilators, which are insufficient for proper circulation of air. Most of the prisons and police stations do not have light at night.

j) Work, Exercise & Education

The Somaliland Constitution states that prisons are for reform and correction. The state is responsible for the rehabilitation and skills training of prisoners so that they can return to society as reformed citizens. The Commission found that in most of the prisons and police

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stations there were no educational programs like vocational training or any other formal education. The Commission observed that most of the prisons have enough space for conducting educational programs, but these have not been initiated. However, in Hargeisa and Mandhera prisons there was some vocational training such as training in carpentry, making furniture.

With regard to exercise or any recreational activities, it was noted that in most of the prisons there were no recreational activities and only few (Hargeisa and Mandhera prisons) have activities such as playing football. Most of the time the prisoners are in their cells and hardly taken out.

k) Prison Rules & Discipline

The Somaliland Constitution is the only national legislation in the country, which provides for the rights of the prisoners. These are consistent with international human rights treaties. The law with regard to Prisons and Police is yet to be passed by Parliament. Inmates who have been convicted have a right to appeal; however most of the inmates don’t know of this right. With regard to the prison rules and discipline, there are no stipulated rules for the prisoners or detainees to follow. Prisoners are punished in inhumane ways, for instance the Commission was informed that since there are no solitary cells to be used for disciplinary punishment, the prisoners that are punished are chained in the back of the cell block. They may stay there for several hours in the sun while they are chained. This was observed in Mandhera, Hargeisa, Gabiley and the prisons in Sool and Sanaag. However, in Borama prison there were some solitary cells, which were used for disciplinary purposes.

During the Commission’s last monitoring visit to Hargeisa Prison, the team was informed by the juveniles that sometimes beatings occur in the prison especially if the Prison Committee cannot resolve the dispute. The beatings are done by the Custodial Corps.

2.4 POLICE AND PRISON STAFF WELFARE

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The SLNHRC in its inspection and monitoring assessed the welfare of the prison and police staff and observed that the most of the Prison and Police Commanders don’t have adequate materials with which to fully carry out their duties. The Police Commander in lftin Police station mentioned that they lack stationery with which to keep registers, some of them had uniforms in Mohamoud Haybe Police station.

2.5. CHALLENGES

The respect for human rights in the detention centers has not been realized due to the challenges below: a) There was inadequate access to medicines in most of the detention centers and lack of transportation with which to facilitate the movement of sick inmates. b) Most of the detention center buildings are old because they were constructed a long time ago and they cannot accommodate the high population in the detention centers today. c) There was inadequate provision of basic supplies in the detention centers such as beddings and clothing for the prisoners. d) The water and food supply in the detention centers was insufficient. e) The prolonged period of detention is still persistent, especially for inmates who have longed served their sentence and those who are awaiting trial. f) Police and Prison officers do not possess adequate/ sufficient knowledge on human rights standards as stipulated in international human rights treaties and national legislation.

Recommendations a) The Government of Somaliland should urgently renovate and construct new prison buildings and police stations so to accommodate the ever-increasing prison population. b) The allocation of sufficient funds to the Custodial Corps and the Police Officers in charge of the police stations is very vital for them to efficiently carry out their duties. c) The Ministry of Health in its yearly budgeting and planning should include medicines and drugs for all detention facilities. There is a need to supply adequate transportation to all detention facilities. d) The Parliament of Somaliland should pass the Prisons and Police Bill into Law in order to domesticate the human rights standards in the international human rights treaties. e) The Custodial Corps and the Police should be provided with adequate resources to ensure that detainees are fed and clothed and provide with basic beddings and their sanitation improved. f) The Government of Somaliland should invest in the training of the custodial corps and police officers. UNODC conducted some training with the custodial corps for them to effectively carry out their duties etc.

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2.7 CONCLUSION

The assessment by the SLNHRC reveals the recurring challenges in the various places of detention despite the continual efforts of the Government of Somaliland to reform this sector.

CHAPTER 3: HUMAN RIGHTS EDUCATION AND RESEARCH

3.0 INTRODUCTION

Human Rights Education is defined as education, training and information aimed at building a universal culture of human rights. The UN Declaration on Human Rights Education and Training emphasizes the importance of Human Rights Education (HRE). It provides that everyone has the right to know, seek and receive information about all human rights and fundamental freedoms and should have access to human rights education and training. HRE is essential for promotion of the universal respect and observance of all fundamental human rights and freedoms.3

3.1 LEGAL FRAMEWORK

3.1.1 International Legal Framework

The Right to Education and its significance for HRE is emphasized in the Universal Declaration of Human Rights.4 Article 29 of the Convention of the Rights of the Child (CRC) highlights the aims of education to foster the development of the child’s personality and talents, preparation for a responsible adult life, respect for human rights as well as the cultural and national values of the child’s country and that of others. Article 5 of the UNESCO Convention against Discrimination in Education highlights the value of Human Rights Education to be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.

3.1.2 National Legal Framework

The Constitution of Somaliland guarantees the right to education and explicitly stipulates that the State shall pay particular attention to the advancement, extension and dissemination of knowledge and education. The value of Human Rights Education is echoed in the Constitution.

The Somaliland National Rights Commission Act No.39/2010 provides for the establishment of the SLNHRC whose mandate includes upgrading awareness and teaching

3 Article 1(2) of the UN General Assembly Resolution 66/137 of 16th February 2012. 4 Article 26 of the Universal Declaration of Human Rights.

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human rights to the community by using scientific research programs, media and other methods that the Commission finds applicable.

3.2 EDUCATION AND OUTREACH ACTIVITIES

The Commission conducted some outreach activities to promote human rights education. These activities included sensitizing Somalilanders through TV/Radio programs.

3.2.1 Media programs (Radio and TV programs) The Commission used media programmes to raise human rights awareness and engage the general public on human rights issues. a) TV Debates

The Commission was engaged TV debates on the situation of rape in Somaliland. These television debates were aimed at awareness raising on risks of rape, share the different interventions that various stakeholders have been engaged in, in order to reduce the number of rape cases in the country and to provide the statistics of rape cases in Somaliland. The debates involved officials from the SLNHRC, the Attorney General’s office, the Ministry of Labour and Social Affairs, the Ministry of Religion, the Ministry of Health, officials from the Baahikoob center and Nagaad Network.

Viewers gained information on the action that the Government of Somaliland will undertake in order to curb the problem of rape. It was agreed that awareness raising should be conducted for the community of the existence of rape, immediate action should be taken by the victims for instance visiting the hospital within 24 hours. Traditional elders should not intervene in rape cases.

16 days of activism were launched on Somaliland Media, the Chairperson of the Commission participated in this launch, which involved a debate on how to stop violence against women in Somaliland.

The Commission participated in a TV debate advocating for girls’ education. A program was launched to promote education for girls in the remote areas focusing on the eastern regions of Sanaag, Sool and Togdheer. b) Radio programs

The Commission conducted a Radio program on BBC and VOA on the salient issue of female genital mutilation in the country. The Chairperson of the Commission highlighted the prevalence of FGM in the country and noted that it was a violation of a woman’s human rights and the consequences of female genital mutilation.

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The Commission initiated and presented a radio program on Radio Hargeisa highlighting the prevalence of rape in the country and especially the consequences of rape. c) Launching of the Hotline Services

In May 2014, the SLNHRC partnered with the Somaliland HIV/AIDS Network (SAHAN)5 to launch hotline services or help lines in Somaliland. This is a service with telephone lines that are set up to receive calls from people seeking information on a variety of sensitive topics such as HIV/AIDS, reproductive health, child spacing, nutrition, rape, drug use and gender based violence.

SAHAN has eight full time counselors and four part-time volunteer counselors and these receive an average of 60 calls per day from all parts of Somaliland and receive 300 calls per month. From the program's inception since mid-June to October 2014, the hotline counselors have answered over 900 calls and provided health information.

3.3 HUMAN RIGHTS EDUCATION THROUGH PUBLICATIONS

The SLNHRC enhances its visibility and promotes HRE through the publication of IEC materials on various human rights themes. This dissemination is mainly done in December to celebrate the human rights day. The materials are distributed to stakeholders and the general public or displayed during public events. The IEC materials developed include brochures on the work of the Commission, branded T-shirts slogans placed on poster and billboards. The theme for the IEC materials mentions the respect of human rights.

3.4 COMMEMORATION OF INTERNATIONAL AND NATIONAL HUMAN RIGHTS DAYS

In 2014, the SLNHRC actively participated in selected international and national human rights days to raise awareness of human rights among stakeholders and the general public. SLNHRC actively participated in an International Women’s day, International Human Rights Day, the 16 Days of Activism against Violence of Women, Universal Child’s Day (November 20th), International Disability Day, and World AIDS Day.

3.4.1 International Women’s Day (8th March)

5SAHAN is an non organization that implements HIV/AIDS programs to improve the wellbeing of people in Somaliland HIV/AIDS. It is a coalition of civil society organizations and AIDS Service Organizations (ASOs) seeks to omprove capacity of member organizations to effectively implement HIV/AIDS interventions and improve the wellbeing of people in Somaliland.

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The SLNHRC participated in the celebrations of International Women’s Day. This day is marked on 8th March of every year following a proclamation by the UN General Assembly in 1977 to promote women’s rights and as a reminder of continued vigilance and action to ensure that women’s equality is gained and maintained in all aspects of life. The objectives of the celebration in 2014 among others were to advocate for the rights of women in general and those who are vulnerable, particularly in terms of education and political participation through public advocacy and call of actions to the concerned bodies. The celebrations were organized by the Ministry of Labor and Social Affairs in partnership with the NOW and NAGAAD and the theme for this year was Equality for Women is Progress for All.

3.4.2 Universal Children’s Day

Universal Children’s Day is celebrated every November 20th and this year's celebrations were held in the Mansoor hotel with full participation of the Somaliland National Human Rights Commission.

3.4.3 World Press Freedom Day

World Press Freedom Day was celebrated on 3rd May 2014. This year’s celebration was an opportunity for the submission of a petition with 238 signatures submitted to the President of Somaliland demanding the government to lift the ban suspending two newspapers, Haatuf and Hubaal. It is important to note that the editors in chief of these papers were not given the opportunity to defend themselves before the decision of the closure was taken.

The President of Somaliland was a part of these celebrations and he made statements on Radio Hargeisa and Somaliland National TV and the offices of Jamhuuriya and Dawan newspapers.

3.4.5 International Human Rights Day

The International Human Rights Day is observed on 10th December every year to commemorate the day in 1948 when the United Nations General Assembly adopted the UDHR which has become a universal standard for defending and promoting human rights. Although the Declaration is not a binding document, it inspired more than 60 human rights instruments which together constitute an international standard of human rights.

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In Somaliland, the day is commemorated annually by the SLNHRC as the lead agency in collaboration with other human rights organizations and stakeholders in Somaliland. The theme for this year was “Human Rights 365” Advocacy activities in commemoration for the celebration included TV debates and radio programs, raising awareness of pertinent human rights issues within the country.

3.5 CHALLENGES IN THE PROVISION OF HUMAN RIGHTS OUTREACH ACTIVITIES

As previously reported in SLNHRC Annual Report 2013, a) The SLNHRC interventions continue to be very limited due to the inadequate funding of Human Rights Education and awareness in most of the regions in the country is not sufficiently exercised. b) The provisions of the Constitution of Somaliland largely remain unknown due to the fact that it has not been widely disseminated to the general public. It is therefore difficult for people to appreciate the fundamental importance of protecting and promoting human rights as well as the duties expected of them as citizens of Somaliland.

3. 6 Recommendations

The SLNHRC reinforces the previous recommendations stated in the 2013 Annual Report. a) The Government of Somaliland should develop and implement a national civic education policy which should oblige the government to ensure that civic education is considered a priority and that funding for civic education activities are sustained and adequate. b) The Government should designate a program for continuous civic education to support the SLNHRC in fulfilling its statutory mandate in the area of human rights education. c) Budgetary allocation to SLNHRC in order to facilitate human rights education and training should be prioritized.

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3.7 CONCLUSION

Human Rights Education is very vital in order to address the inadequate awareness of human rights and civic obligations among the ordinary citizens and duty bearers in Somaliland. The Commission through its media programme was able to sensitize the people of Somaliland on pertinent human rights issues affecting them.

CHAPTER 4: FINANCE AND ADMINISTRATION

4.0 INTRODUCTION

The functions of the finance and administration play a significant part in the achievement of the Commission’s mandate and its strategic objectives. The support role of this function enabled the Commission to be effective in service delivery and this was made possible by the availability of funds from both the government of Somaliland and development partners who supported specific programs in the Commission.

4.1 OPERATION AND ADMINISTRATIVE STRUCTURE OF THE SLNHRC

SLNHRC comprises 7 members of the Commission who are appointed by the President. The Commissioner’s primary function is to lay out the policy framework that guides the implementation of programs and activities of the Commission.

4.1.1 Staff Establishment

The total staffing level of the SLNHRC was 34 staff consisting of 13 females and 21 males. The number of employees of SLNHRC. (See Annex 1)

4.2 ANALYSIS OF FUNDING AT THE COMMISSION

The Commission is mainly funded by the Government of Somaliland (GoSL) through direct allocations to cover running and operational costs. The GoSL contribution has improved in in the FY year 2014 as budgets increased 15%. The donor contribution was less in this year in comparison to the past two years.

Table 4.1 shows the funds allocated to SLNHRC by the GoSL and the Donors in the last 3 years

Description FY 2012 FY 2013 FY 2014 (Amount in (Amount in (Amount in USDs USDs) USDs) GoSL 179,007 220,064 282,352 Donors 88,330 31,631 13,000 Total 267,337 251,695 295,352

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4.3 FINALIZATION OF THE SLNHRC STRATEGIC PLAN

In the FY 2014, the SLNHRC finalized its strategic plan, which had earlier been developed and was still in a draft form. This plan is inclusive of a comprehensive work plan laying out the Commission’s strategic objectives and activities for the next five years.

4.4 ENGAGEMENT WITH THE JUSTICE & HUMAN RIGHTS COMMITTEE OF PARLIAMENT In 2014, the Commission worked closely with the Justice and Human Rights Committee of Parliament. The Commission oriented the committee on the operations of the Commission. Some of the operations of the Commission are similar to those of the Committee especially monitoring of detention centers in order to assess the human rights situation. The Commission sought the opinion of the Committee on the Counter Terrorism Bill that has been tabled before Parliament. This Bill was considered as a threat to human rights in the country with provisions being inconsistent with the laws of Somaliland. The committee decided to conduct various consultative meetings at community level and with different stakeholders before the bill is passed into law. The Commission submitted to the Sexual Assault Bill to the committee with a view of having this Bill to be passed into a law.

4.4 CAPACITY BUILDING INITIATIVES

The SLNHRC undertook capacity building for its staff using funds from the government. During January training on monitoring, documentation and reporting of human rights were conducted for all the staff at the Commission with the aim of orienting the new staff to the system of work and operations of the Commission.

In April, the Commission in partnership with the United Nations Office of the High Commissioner for Human Rights conducted training for the staff of the Commission on monitoring and reporting of human rights. This training was fully facilitated and funded by the UN over a period of three days. A training focusing on the Complaints Department of the Commission to increase their capacity was organized and conducted at the Commission headquarters in Hargeisa.

4.5 INTERNATIONAL, REGIONAL AND NATIONAL ENGAGEMENTS

The Chairperson and some staff members of the Commission participated in international and regional activities. Some of these activities aimed at sharing the working of the SLNHRC with the international community and donors. a) Exposure Meeting in Nairobi

The Vice Chairperson of the Commission led a team of two to Nairobi on an exposure visit in order to establish a strong working relationship with various donor agencies and organizations whose work is in human rights by explaining to them about the Commission,

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its work and achievements and intended projects. During this trip, the team was able to update the EU Human Rights Working Group on the current human rights situation in Somaliland. b) Institutional Capacity Building Initiative

The Social Research and Development Institute (SORADI) with the support of East and Horn of African Human Rights Defenders Project (EHAHRDP) hosted a 5 day mentorship initiative with the aim of strengthening the capacity of the SLNHRC. Two Commissioners attended a Human Rights Defenders’ meeting in Kampala Uganda. The aim of this initiative included strengthening the Commission understanding of human rights and sustaining their efforts in the promotion and protection of human rights in Somaliland, to observe and learn about ongoing human rights programs in Uganda and explore future partnerships. This capacity building initiative was very successful and the Commissioners were encouraged to transfer the knowledge and information acquired to the rest of the members of the Commission. c) Fourth Meeting of the Regional Committee for Mixed Migration (RCMM)

In October 2014, the SLNHRC was represented at the fourth meeting of the regional committee for mixed migration in Addis Ababa Ethiopia. The RCMM was created as a mechanism of providing an opportunity to improve migration governance, which compelled governments to jointly address migration at a regional level.

The meeting was to deliberate on the progress made by the various committee members in addressing the recommendations of the previous meetings and also makes recommendations for the next meeting. Representatives attended this session from Djibouti, Ethiopia, Kenya, Puntland, Somalia, Somaliland, Yemen, donors and representatives of other interested governments.

The Commission took part in the 4th Regional Mixed Migration Meeting in Addis Ababa

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4.5 CHALLENGES

As reported in the previous annual report 2013, the Commission has continued to experience inadequate funding for all its operations. This contributed to low staffing levels as well as failure to establish regional offices in most parts of the country. Due to insufficient funding, the Commission was unable to carry out some of its development programmes.

4.6 RECOMMENDATIONS b) The Ministry of Finance should provide additional resources to enable the SLNHRC establish at least two regional offices, one in the east and another in the western part of the country.

4.7 CONCLUSION

The Commission was able to carry out some of its activities despite the limited resources at its disposal. In order for the Commission to implement all its activities aimed at achieving its objectives SECTION 2: SITUATION OF HUMAN RIGHTS IN SOMALILAND

CHAPTER 5: THE STATE OF MEDIA FREEDOM IN 2014

5.0 INTRODUCTION

The Media in Somaliland has a role to play in the promotion and protection of human rights. The Freedom of the media and press is part of a wider fundamental right called freedom of speech and expression, which are very vital for any democracy. Freedom of speech and expression means that everyone has the right to express or disseminate information or ideas; to seek information and ideas; to receive them; and the right to impart.

However media and press freedom like all other rights and freedoms, comes with duties and responsibilities. This right may be subject to certain restrictions that are provided by law and are necessary for instance; the respect of the rights or reputations of others and for the protection of national security or of public order.6

6 Article 19(3)(a) of the ICCPR.

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The Somaliland Constitution categorically spells out the duties and responsibilities of the Somaliland citizens, which are to respect the Constitution, and the laws set out including enjoining citizens in their individual and official capacity to respect the rights and freedoms of others. Freedom of the Press and media protects freedom of speech and expression of individuals and the public. In this light, any attack or illegitimate restriction on media freedom impacts on the general freedom of speech and expression of individuals.

This Chapter highlights the most significant events that have had an impact on the state of media freedom in Somaliland in 2014. The chapter will highlight the positive developments and human rights concerns that have emerged in 2014 and impacted on the enjoyment of this right.

5.1. LEGAL FRAMEWORK

5.1.1 International Legal Framework

Article 19 of the UDHR spells the right to freedom of opinion and expression, which includes freedom to hold opinions without interference and to seek, receive and impart information and any ideas through the media and regardless of frontiers. Article 19 of the ICCPR reiterates the right to freedom of expression and the right to hold opinions without interference. However, as stated above this right is subject to certain restrictions, which shall only be provided by law and are necessary.

5.1.2 National Legislation

The Somaliland Constitution in Article 32 provides that every citizen shall have the freedom in accordance with the law to express his/her opinions orally, visually, and artistically in writing or in any other way in accordance of Press/media in Somaliland Law No.27/2004 which provides for freedom of the Press.

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The state’s obligation with regard to ensure that its own agents acting in official capacity do not violate the rights of freedom of speech and expression; to protect that no third party like private individuals and other non state actors interfere with the peoples freedom of speech and expression like media freedom; to fulfill the duty of creating conducive atmosphere such as favorable policy, legal, judicial and administrative framework in place for realization of Media freedom.

5.2 ASSESSMENT OF MEDIA FRAMEWORK IN 2014

The Media in Somaliland is quite diverse with 1 national television station and 4 private owned televisions that are licensed. There is one government owned radio station, Radio Hargeisa. There is 1 national newspaper and 13 licensed private newspapers in the Somaliland. There are also 9 online sites, which are not licensed and regulated.

SOLJA, which is a Somaliland Journalist Association, is a national independent association, non-governmental, non-political and non-profit institution of journalist and media professional based in Somaliland. This association was established to defend and promote the rights and freedoms of the media, and generally to help expand the boundaries of freedom of speech and expression in Somaliland and to empower member journalist and ensure high standards of journalism/reportage in Somaliland.

5.2.1 Positive Developments a) Increased sense of solidarity amongst the journalists. The Commission observed that media houses and journalists under their association (Somaliland Journalist Association) come together in solidarity whenever a fellow journalist is arrested or whom they his/her rights is/are violated.

c) Increased internet usage

In 2014, the Commission noted that there is increased Internet usage with a lot of media practitioners and journalists depending on the Internet to gather and disseminate news. Somaliland citizens living in the diaspora are also able to follow up with the news back home over the Internet. However, it is important to note that these Internet news sites are not licensed and regulated thus being highly susceptible to information written by even those people not trained as journalists.

5.3 CHALLENGES REGARDING THE RIGHT OF EXPRESSION

The Commission noted that there were significant challenges that infringed on the freedom of the media, these included bans on journalists and media that led to the infringement of the freedom of the media.

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a) Unlawful Arrest of Journalists

In May 2014, the government of Somaliland ordered the arrest of Mr. Yusuf Gabobe and Ali lgeh were charged after running stories, which accused 2 cabinet ministers of corruption and embezzlement. The prosecution charged the journalists with defamation and spreading false information with a view to hurt the Ministers’ reputation and that of the Somaliland’s presidency. However, these journalists were later released. 2 journalists from privately owned television stations; Horn Cable TV reporter Mukhtar Nouh Ibrahim and SomSat TV reporter Mohamed Hassan Sheikh Mohamoud were arrested after they each aired coverage of a protest in the northwest town of Gabiley.

Four presenters of an FM Station Radio Badi Goob were arrested because the FM radio station had been airing anti-government sentiments for the past four months. Intelligence Agencies were searching for the premises of the station for some time and eventually they unearthed their hideout at October estate a Hargeisa city suburb. The radio was on air without permission from the Ministry of Information and National Guidance that is entitled by law to issue permits and licenses to radio stations wishing to operate in the country.7 The Minister of Information and National Guidance addressed the Press warning the proprietor of the FM station to stop airing propaganda at the same time ordering the police to find the station and arrest its employees. b) Closure of Media Houses

The Commission observed in 2014, a number of media houses were shut down. In February 2014, Somaliland authorities indefinitely suspended operations of the privately owned Universal Television after accusing it of insulting the President of Somaliland Ahmed Mohamoud Silanyo in a comedy program it aired. However, Universal TV was reopened on 2nd November 2014. In April, the headquarters of the Haatuf media network was indefinitely shut down after two Journalists from the network were accused of defamation and spreading false information. The regional court of Hargeisa issued an order to temporarily stop the work of the Haatuf Media network until further notice. Their notice was not revoked. The Police raided acting on this order, the premises of Haatuf on the same day and staff were ordered to leave. The court order stated that criminal charges will be brought against Haatuf citing Article 220 of the Penal Code. The Haatuf continued to publish critical articles of the government and certain individuals on their website and on other online platforms.8

The Commission advised the government in a press release that the act of closing the media houses amounted to a denial of information to the public and as such a violation of

7 The Horn Newspaper Issue 227, Monday 24 November 2014. 8 See www.facebook.com/haatuf.newspaper and http://sites.newsjockey.com/working/AS1/95004103/

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freedom of press contrary to the Somaliland Constitution and international human rights standards in the UDHR and ICCPR.9

d) Lack of Professionalism

The challenge of lack of professionalism, inadequate training and unethical conduct is adverse to the right of freedom of expression. The Somaliland government justifies the detention and arrests of journalists on the basis of holding journalists to account who make false reports and lack ethics. Most of the journalists do not adhere to a common journalistic code of standards, as a result, it is often alleged that they have fabricated information, as they do not provide any references. This has led to increased friction between the media and the government. d) Inadequate Law governing the Media

The enabling law with regard to freedom of expression in Somaliland is limited to the Press that is the Press Act No. 27 of 2004 and this excludes the other modes of media, including broadcasting (TV and Radio). The law needs to be inclusive of all the other forms of media. The Parliament in Somaliland is yet to pass some amendments to the Media Law. The Parliamentary Committee on Social Affairs is still negotiating and discussing what and how to incorporate the proposed amendments. The Journalist Association is divided with some advocating for the amendments and others not for the amendments. The Ministry of information issued a press release urging journalists to follow the Press Law and ensuring that their work is within the scope of the law.

5.4 SLNHRC INTERVENTION IN THE MEDIA FREEDOM a) In May 2014, the Commission prepared a position paper expressing its concerns about the arrest and detention of journalists. The Commission explicitly stated that it believes that the government has failed to understand that arrests and detention of journalists is not a solution to the problem of untrained journalists making false reports. The Commission stated that it has serious concerns about the implementation of the media law in Somaliland. It has never been applied to date. The Haatuf case is not a criminal, but a civil law matter and it is fundamentally wrong to charge Haatuf under the Penal Code provisions. The Somaliland Press Law (Law No: 27/2004) expressly prohibits criminal sanctions for acts, which are contrary to the Press Law. The Commission expressed that it had serious concerns about the guarantee of a fair trial for members of the Haatuf Media Network. b) The Commission also expressed concerns about the ethical standards of Haatuf Media Network. The paper made serious allegations against individuals without providing any

9 Article 19 of the UDHR and Article 19(1) of the ICCPR

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evidence. Law and the constitution prohibit any serious statements against public individuals without evidence. c) The management in the Commission held a meeting with the relevant authorities in the government to discuss the arrest of Mr. Yusuf Gabobe and the Commission expressed their views on why he should be released with immediate effect, he was subsequently released.

Recommendations a) The registration and licensing of all online news websites. This licensing will help in the regulation of these Internet websites. All the online news websites are not licensed and hence they report any story without necessarily fabricating it. This causes apprehension amongst the people in the country, especially those who easily access the Internet. b) There is a need for capacity building, especially training the journalists on their professional code of conduct so that what they report is within the albeit of the law. b) The Ministry of Information recommends the formation of a board/watchdog consisting of at least one member of the government, the civil society, the human rights commission and the journalist associations. This will help regulate the dealings of the journalists and the government and the rest of society. This Board will also help mediate any misunderstanding that may arise between the journalists and the government. c) The Ministry of Information to develop and implement administrative measures alongside the Press Law to regulate journalists and media houses to work in a professional manner.

5.5 CONCLUSION

Media Freedom and the Right to expression is a right that is not fully realized in Somaliland. There is an increase in media houses in the country, but the effective operation of these houses is still wanting. The quality of the work of these media houses as well as the kind of environment threat they work continues to raise concerns as far as the enjoyment of freedom of expression in the media is concerned.

CHAPTER SIX: MIXED MIGRATION IN SOMALILAND

6.0 INTRODUCTION

Mixed Migration consists of people who are on the move for different reasons, but who share the same routes, modes of travel and vessels. They cross land and sea borders without authorization, frequently with the help of smugglers. Mixed flows can include refugees, asylum seekers and others with specific needs such as trafficked persons,

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stateless persons and unaccompanied or separated children as well as other irregular migrants.10 The phenomenon of mixed migration is not unique to this country, as Somaliland has shared their horn of Africa countries the fallow of mixed migrants.

6.1 LEGAL FRAMEWORK

6.1.1 International Framework

The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families is a UN multilateral treaty governing the protection of migrant workers and families. This is an international treaty regarding the protection of migrant workers’ rights. It emphasizes the connection between migration and human rights. The Convention does not create new rights for migrants but aims at guaranteeing equality of treatment and the same working conditions for migrants and nationals. Article 7 of this Convention protects the rights of migrant workers and their families, regardless of “sex, race, color, language, religion or conviction, political or other opinion, ethnic or social origin, nationality, age, economic position, property and marital status.

The UN Convention against organized crime is another international convention, which establishes a comprehensive framework to promote cooperation in preventing and combating transnational organized crimes and criminal groups more effectively and more efficiently. This law relates to the issue of human trafficking, which is more prevalent in the horn of Africa. The ICCPR protects the right to life, the right to liberty and security of person. The CEDAW provides for action to suppress all forms of trafficking in women and their exploitation. The ILO Convention No.182 provides for the prohibition and the elimination of the worst forms of slavery or practices similar to slavery, including trafficking.11

6.1.2 National Framework

The Law governing migration is the Somaliland Immigration Law No.27/1995. This Law provides for an undesirable foreigner in Article 30 as one who enters the territory of Somaliland unlawfully without possession of legal travel documents and a permit as required by law.

10 Views of IOM & UNHCR 11 Articles 1-2 of the International Labor Organisation Convention No.182

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6.2 MIXED MIGRATION AND ITS HUMAN RIGHTS IMPLICATIONS

Mixed Migration in Somaliland comprises human trafficking and Labor migration. a) Human Trafficking

Human trafficking is a serious crime prohibited by international law12 and it is a violation of human rights. It involves the recruitment, transport and receipt of adults or children for the purpose of their exploitation.

Somaliland has experienced an increase in human trafficking and smuggling networks which have established migration routes that have turned Somaliland into a transit country for the flow of migrants east to the port of Bossaso in Puntland, north to Djibouti as well as west across the Sahara desert passing through Ethiopia, Sudan and Libya as means for crossing the Mediterranean sea.13 It has been reported that different groups of people are vulnerable including women and children who often fall prey to human traffickers making false promises regarding employment and education opportunities abroad in countries such as Egypt, Ethiopia, Djibouti, Yemen, United Arab Emirates (UAE) and Saudi Arabia among others.

The International Organization for Migration (IOM) has estimated that 3200 migrants have died attempting to cross the Mediterranean this year. However the actual number will never be known, as many bodies are lost at sea. The main reason that drives Somalilanders to risk their lives and attempt to cross the Mediterranean from Africa into Europe in the 14 lack of jobs with Youth unemployment at around 80%. The consequences of this trafficking are a violation of human rights. Starvation and death are some of the grave consequences against human rights standards and principles where everyone is entitled to life, liberty and security. Human trafficking is a major threat to the enjoyment of fundamental human rights, freedom It results in violations such as the rights of children and the freedom from slavery or servitude. The Commission notes that human trafficking leads to the use of victims in illegal activities and debt bondage. b) The Question of Unemployment

Youth unemployment is a recurring human right concern in Somaliland. The right to work is guaranteed under the Universal Declaration, which recognizes the right of every person to work, free choice of employment, just and favorable conditions of work and protection against employment.

12 The UN Convention on Transnational Crime and its Protocol specifically the Protocol to Prevent, Suppress and Punish Trafficking in Persons. 13 Notes of the Co-chair, Fourth Regional Meeting of the Regional Committee on Mixed Migration, Addis Ababa Ethiopia, Page 1 14. 14 See n(9).

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Article 6 of the ICESCR requires states parties to recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he/she freely chooses or accepts, and to take appropriate steps to safeguard this right including technical and vocational guidance and training programs, policies and techniques to achieve steady economic, political, social and cultural development and freedom to the individuals. The Commission noted that over 50% of the youth in Somaliland are unemployed and as a result, many chose to cross the borders in search of better opportunities outside of Somaliland. Somaliland Youth are risking their lives to cross the Mediterranean from Libya to travel to Europe for better living conditions. The government of Somaliland says it is committed to lowering the rate of youth unemployment to stem the flow of young people out of the country. Officials in Somaliland say if they could get recognition and more trade and investment from the EU they would be able to keep their young people in their homeland instead of risking their lives to knock at Europe’s door.15

6.3 SOMALILAND GOVERNMENT INTERVENTIONS TO MIXED MIGRATION

The Mixed Migration Task force (MMTF) was established in April 2007 with UNHCR and IOM acting as co-chair, under the auspices of the Inter Agency Standing committee’s (IASC) protection cluster. In Somaliland after the Sana’a Conference in May 2008, the government formed an inter-ministerial task force composed of the Ministry of Interior, Ministry of Justice, Ministry of MRR&R, Ministries of Health & Labor, National Human Rights commission, immigration Department to gather With United Nation and international met in Nairobi and formed the genesis of the MMTF in Somaliland.

The purpose of the task force was to develop a rights-based strategy to ensure a comprehensive, coordinated response to the protection and the humanitarian needs of migrants and asylum seekers transiting trough Somaliland and minimize the danger of Somaliland youth migration abroad and also develop a coordination mechanism with the “Anti-Tahrib & Job Creation committee”.

The Somaliland Government in the 3rd Meeting of the Regional Committee on Mixed Migration undertook certain recommendations to implement and these were successfully achievements were presented at the 4th Meeting of the Regional Committee on Mixed Migration in October 2014. a) Migration and Security

The Government of Somaliland has created a solid mechanism for information and intelligence sharing with Ethiopia; this follows the Ethio-Somaliland talks in Dire-Dawa in

15 See n(9)

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June 2014 were both countries agreed to collaborate in the fight against human trafficking and smuggling. The Government established the cross-border Committee in Lowayada, which manages cross-border issues between Somaliland and Djibouti. The Somaliland Coast guard succeeded in preventing smugglers and traffickers to use shore for trafficking and smuggling purposes. The Somaliland government took steps to protect migrants establishing five immigration posts in Guryo Awal, Wajale, Xariirad, Buux and Duruqsi.16 b) Assisted Voluntary Return and Reintegration  The Somaliland government opened dialogue with European countries on the repatriation of Somalilanders seeking the voluntary return and has re-integrated, more than a hundred of people who came back to their country with IOM assistance.

 With the assistance of UNHCR, Somaliland provided re-integration support to return from Libya, Malta and Yemen.

 Somaliland facilitated the return of 81 Ethiopian migrants to Ethiopia and the transit of 65 Ethiopian voluntary returns from Puntland.

6.4 CHALLENGES

The efforts to combat mixed migration are hampered by the following: b) Lack of integrated border management (IBM) system and practices within the region, this affects Somaliland. c) Limited information and research conducted to address Somaliland’s illegal migration epidemic through understanding its root causes and enabling factors and by identifying gaps in national awareness and government capacity.

6.5 Recommendations a) Somaliland Should Develop integrated border management b) The Parliament should draft a law against Anti trafficking and smuggling. c) The Somaliland Mixed Migration Taskforce should conduct research addressing Somaliland’s illegal migration epidemic through understanding its root causes and enabling factors and by identifying gaps in national awareness and government capacity. d) The MMTF to collaborate closely with other MMTFs within the region.

6.6 CONCLUSION

Somaliland has faced several challenges as a result of mixed migration, especially human trafficking, which has diverse human rights consequences. The Government of Somaliland is one of the governments that attend the regional committee on mixed migration meetings

16 See n(18)

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every year and implements the recommendations of each meeting. Human trafficking in the country will be curtailed if Somaliland government recognized and succeed the international cooperation, which will help to create jobs for the youth.

CHAPTER 7: ASSESSMENT OF ACCESS TO HEALTH SERVICES/RIGHT TO HEALTH

7.0 INTRODUCTION

The Right to Health has been defined as the right to the highest attainable standard of health by the WHO constitution. 17This right is a fundamental human right for every person and it entails the access to essential services and goods pertaining to quality health. This Chapter will highlight the findings with regard to progress and challenges with regard to the right to essential health care facilities and goods and services. These findings are based on the Commission’s review of selected health sector reports, consultative meetings, the legal framework and the Commission’s inspection of certain health care facilities specifically the herbal centers.

7.1 LEGAL FRAMEWORK

7.1.1 International Legal Framework

The Republic of Somaliland recognizes and shall act in conformity with the United Nations Charter and with International law and shall respect the Universal Declaration of Human Rights. Article 25 (1) of the UDHR recognizes the right of all persons to an adequate standard of living for the health and well being of the individuals. Article 12 of the ICESCR recognizes the right of everyone to the highest attainable standard of physical and mental health

The CERD prohibits racial discrimination and guarantees the right of everyone to enjoy the right to public health care and services irrespective of their original race.18 Article 25 of the CRPD specifies that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability.

17 World Health Constitution 18 Article 5(e)(iv) of the CERD

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7.1.2 National Legal Framework

The Somaliland Constitution recognizes right to health in Article 17, which explicitly states that the state has the duty to meet the country’s needs for equipment to combat communicable diseases, provision of free medicine and ensuring public welfare. The state shall also be responsible for the promotion and the extension of health care and private health centre’s. The right to health is also catered for in national policies like the National Development Agenda 2012-2016, which enlists the provision of essential health services and improving on the availability of quality and essential drugs as some of its objectives.19

The National Health Policy of Somaliland is improving the expansion and quality of the Essential Package of Health Services. Also developing the quality of services provided at the health facility level (including referral care and Client charter) delivery options, control drugs consumes, and enhance drug supply to health facilities, improve physical access to quality health services in private and public facilities. 20

7.2 ANALYZING THE RIGHT TO HEALTH

In 2014, the Commission has made an assessment of access to quality health care to monitor the government of Somaliland’s obligations to respect international human rights standard. The Commission inspected some health care facilities, particularly the herbal centers and reviewed reports of the health sector as well as held consultative meetings. According to General Comment 14 of the Committee on Economic, Social & Cultural Rights, access to essential health goods and services has four aspects including physical accessibility, economic accessibility, information accessibility and nondiscrimination.

Delivery of health care in Somaliland is comprised by the public sector system of hospitals, district referral health centers, health centers, primary health units, the private sector (for profit) system of pharmacies, clinics, laboratories and traditional medicine providers.

7.2.1 Availability of Essential Health Care Facilities

There are a number of health care facilities in Somaliland including 117 MCHs of which 6 are non-functioning, 28 government hospitals of which 15 are TB hospitals and 3 mental hospitals and 8 regional hospitals (with 2 in Hargeisa). There is one national referral hospital. There are about 15 private hospitals in the country and a number of herbal countries. In 2014, the Ministry of Health has constructed 2 new hospitals that are one in Berbera, which handles emergencies due to the accidents that occur on the road to Berbera and a mother, and child hospital in Burao. Hargeisa Group has also been upgraded to include a

19 Somaliland National Development Plan Pg. 252. 20 National Health Policy II, Page 33

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dialysis unit, Intensive Care unit (ICU), CT Scan; equipment for data collection was installed as well as in the laboratories. A new hospital was built for children that are in Mohammed Aden Sheikh Children’s hospital in Hargeisa.

7.2.2 Availability and Recruitment of Health care workers

Somaliland is in short supply of qualified health professionals as a result of the civil war and the exodus of trained personnel abroad. There are two recognized medical schools, five nursing schools and two schools of midwifery.21 The total enrollment is still inadequate for the demand in the country, except for the medical colleges; the government has accredited these training schools. The National Health Professions Council (NHPC) is tasked with registering graduates in accordance with the Health Professionals Committee Law (No.19 of 2001).

The Commission through its review of reports from the Health Sector observed that there is some standardized system in place for Continuous Professional Development (CPD), and competency criteria have been developed and standardized. Many staff are poorly trained, poorly motivates and some are not on the Ministry of Health payroll. Salaries are not enough and this causes some employees spending less time at work and looking for additional income in the private sector.

7.2.3 Availability of Essential Drugs/Medicines

The provision of essential drugs is one of the core obligations of states that have ratified the ICESCR including Somaliland, which respects and uphold all international human rights law. Essential medicines according to the WHO are those that satisfy the priority health needs of the population” and “are intended to be available within the context of functioning health systems at all times. Inadequate amount, in appropriate dosage with the assured quality causes prices the individual and the community cannot afford.”22

A National Drug Policy has been developed which will guide, regulate and improve the quality of drugs in the country this will further develop the quality of service delivery at all levels. Essential drugs list for different health service delivery levels has been developed and is already in use. This list is based on the National Drug Policy. It is a guide to prevent any unwanted drugs to be brought and used in the country. This drug list is to be used by health service packages at all levels.23

Access to essential health goods and services requires that essential drugs/medicines are of high quality, scientifically approved, affordable, made available at all health facilities and stored safely.

21 See(n11), Page 23 22 http://www.politicsofmedicines.org/articles/access-to-essential-medicines-as-a-human-right 23 Ministry of Health 201 3 Annual Report Page 15

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In the public sector, donors and partners provide drugs. These drug kits for primary health care facilities when it arrives in the country are stored in the central medical stores in advance of distribution to health facilities.

It was noted that there are frequent shortages because drugs are distributed quarterly and are never enough to cover the three months. The kits are prepared outside the country and sometimes do not reflect the essential drugs list of Somaliland. In the private sector in particular, there are still problems with drug safety, counterfeit drugs and proper storage. There are also problems with the irrational use of drugs.24 The Government of Somaliland through the Ministry of Health has established a Drug Control Authority, this entity is responsible for controlling drugs imported to the country, it regulates and controls drugs importers, distributors and pharmacies and ensures rational drug use.25 There is an organization of wholesalers for drugs called DIWO and there is an essential drug list provided by the WHO, this essential drug list is the benchmark for which drugs are essential.

In the 7 herbal centers that the Commission inspected, it was observed that there is a dispensary in both Raywaan psychosocial centers, which supplies drugs to the mentally ill. The Director of the Mental Health Department and also Director of Mental Hospital of Hargeisa Dr. Mustafe said that he supervises the dispensary and he writes the medicine prescription accordingly in these two centers. There is also a nurse who administers these drugs. The drugs given might not be effective. In Darul Shifo for inpatients there is a medical officer who is also the managing director and also gives medication. In Hargeisa mental hospital, the Commission noted that an Italian organization, which works on mental health, has supplied the hospital with drugs. It was reported that there were 65 admitted patients in the hospital and 1272 outpatients that have received medicine every Sunday and Monday. 26

TRG an Italian organization which works on mental health has supported the Hargeisa mental hospital in the construction of new wards, providing psychosocial support, sanitation and drug supply. There are sixty-five admitted patients in the hospital and one thousand two hundred and seventy two outpatients that received medicine every Sundays and Mondays.

24 See(n13),Page 25 25 See n(15), 26 SLNHRC Report on Herbal Centres 2014, Page 6

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7.2.4 Accessibility of Essential Health Care facilities and drugs by vulnerable groups

Access to quality health requires that health services and facilities are accessible for all persons, including the vulnerable people in society such the IDPs, elderly, Persons with disabilities and People living with HIV/AIDS and children.

Accessibility to health services by the vulnerable people is limited, especially for those in the rural areas. 55% of the populations of Somaliland are in the rural areas where there are limited health care facilities and 45% is in the urban areas. The MOH achieves its objectives improving quality health care through 3 main strategies which are through the established health facilities where ante natal and post natal services are conducted, outreach services where the medical services are given to those communities and people who don’t have access to those services in this case especially the vulnerable people like the IDPs, the elderly people etc. Mobile teams are also sent out to provide health care services to those who cannot easily access them. a) IDPs

Most of the IDP camps in the country have an MCH within or nearby their community. The IDPs in Digaale resettlement camp in Hargeisa complain that they cannot easily access the MCH because it is about 6-8kilometres away and they are unable to walk that far. In Burao and Borama cities the IDP camps don’t have access to MCH.

b) Persons Living with HIV/AIDS

In Somaliland, there are a number of health facilities offering Voluntary HIV/AIDS counseling and testing (VCT); there are VCTs in all the main regions of Somaliland. The provision of Prevention of Mother to Child Transmission (PMTCT) is also offered in Somaliland. c) Children

Under the new initiative program whose main objective is to reduce mother to child mortality rate. Mothers are being encouraged to immunize/vaccinate their children. A pilot system was undertaken in Maroodi Jeex and this year was done in Togdheer, under this pilot system, mothers were encouraged to vaccinate their children and they were trained so they can pass on their skills and knowledge to the others. The Ministry of Health has partnered with UNICEF in immunization campaigns across the country and including Polio and Measles. The average number of children who are being immunized is less than 50% in Somaliland.27

27 A statement from an Officer in the Ministry of Health in Somaliland.

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7.3 CHALLENGES IN ACCESSING HEALTH SERVICES, DRUGS AND EQUIPMENT a) Poverty remains the predominant challenge in the health sector as a large of the population of the people in Somaliland living in the rural areas cannot afford to pay for the basic services even some of these in the urban areas can hardly afford these services. Most of the common diseases in the country are those related to poverty, as well as those associated with post conflict situations. b) Poor hygiene, lack of safe water, poor sanitation and disposal systems and unsafe housing create the conditions for common illnesses for instance, acute respiratory infections, diarrhea, malnutrition, anemia, tuberculosis, measles, pregnancy related complications, mental illness etc. are in the top causes of morbidity.28 c) The maternal mortality rate in Somaliland is still high as well as the infant mortality rate, although the MOH has started an initiative to reduce the maternal and infant mortality rate. This new initiative program called Marwo Caafimaad (Lady Health) began in Maroodi-Jeex region and this year it is now in Togdheer. This is an outreach program meant of sensitize women in rural areas of maternal health care, including breast feeding, immunization, antenatal care, etc. The women trained are then encouraged to go out into the community and train others. 120 women are the target goal at the moment. According to the Ministry of health records, the infant mortality rate is 72/1000, and the child mortality rates under five years old are 12/1000. d) Inadequate medical equipment and supplies in the various health centres and facilities. e) The Commission observed that there is a low utilization of health care services, especially with the people living in the far rural areas. f) Unprofessional and skilled health workers in some of the health care facilities. g) Unhealthy lifestyle and cultural factors in the country contributes to the health outcome. The unhealthy lifestyle includes smoking, use of hard drugs (e.g khat), and reckless driving lead to numerous car accidents. The cultural factors include female genital mutilation (FGM) and its attendant long-term complications.

7.4 Recommendation a) The Government of Somaliland should increase the funds allocated to the health sector in line with the Abuja Declaration requiring 15% of the budget in order to address the poor quality of health care services. b) As recommended in the previous annual report, the Ministry of Finance should allocate funds to the Ministry of Health for the procurement of medical equipment for the hospitals and health centers in all regions of Somaliland.

28 See(n13), Page 10

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7.5 CONCLUSION

The Right to Health being a right stipulated for in the ICESCR can only be progressively realized by the Government who have an obligation to fulfill the rights in the ICESCR as well to respect and protect these rights. The Government of Somaliland has put in place measures for this right to be realized, although this effort needs to continue if the government allocates a sufficient budget to the health sector.

CHAPTER 8: HUMAN RIGHTS SITUATION OF INTERNALLY DISPLACED PEOPLE

8.0 INTRODUCTION

Internally Displaced Persons (IDPs) are citizens and resident of Somaliland and these are entitled to all rights accorded to all citizens/residents by the Constitution and other applicable laws and policies. IDPs constitute about 40% of the population in Somaliland and are vulnerable because of their unique status. IDPs unlike refugees’ have not crossed any international border, but have remained within their country and may have been displaced due to economic hardships, drought, armed conflict, human rights violations etc. They remain the responsibility of their government.

This chapter highlights the legal framework protecting IDPs and the situational analysis of the rights of IDPs and Refugees in Somaliland with regard to human rights concerns and any positive developments in their situation.

8.1 LEGAL FRAMEWORK

Somaliland recognizes and shall act in conformity with the UN Charter and with international law and shall respect the Universal Declaration of Human Rights. In this regard, Somaliland recognizes shall act in conformity with all international human rights treaties and international humanitarian law.

8.1.1 International Legal Framework

The International human rights law and standards that are applicable to IDPs are the Guiding Principles on Internal displacement,29 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (“Kampala Convention.”) and International Standards relating to Internal Displacement. The “Guiding Principles on Internal Displacement,” although not legally binding is the main instrument specifically dealing with IDPs. They restate and compile human rights and humanitarian law relevant

29 Guiding Principles on Internal Displacement, E/CN.4/1998/53/Add.2,11February 1998.

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to internally displaced persons. IDPs are entitled to enjoy in full equality the same rights and freedoms under international and domestic law as of the persons in their country.30

The Kampala Convention is a regional treaty that lays out the general obligations on state parties which include preventing political, social, cultural and economic exclusion that is likely to cause arbitrary displacement of populations and to ensure that no one is displaced for the exploitation of economic or natural resources.31

8.1.2 National Legal Framework

The Somaliland Revised IDP Policy is a framework, which draws from applicable rules of international law and is based on the UN Guiding Principles on Internal Displacement. It will enable the government and its partners to be prepared to deal with displacement and to protect and support IDPs. The policy framework is further governed by national laws, including the Constitution of Somaliland, Shari’a law, customary law and other applicable policies. 32

8.2 SITUATIONAL ANALYSIS OF RIGHTS OF IDPS

The SLNHRC inspected IDP camps in Hargeisa, Burao and Boroma as these towns have the largest population of internally displaced people in Somaliland. Hargeisa town is the biggest urban setting in the Maroodi Jeex region hosting more than 86,500 of displaced populations, 60% of whom are returnees.33 There are 7 IDP camps in Hargeisa and these are State house with 4300 households (hhs), Daami with 900hhs, Hargeisa stadium with 4700 hhs and Ayax 1 with 570 hhs, Ayax 2 with 500hhs, Ayax 3 with 550, Ayax 4 with 500 IDP, Digaale resettlement camp with 900hhs, Jicaale new settlement with 145hhs, Naasohablood 800hhs. Digaale resettlement camp was built in collaboration with UNHRC and Ministry of Rehabilitation, Resettlement and Reconstruction.

More than 26,000 displaced families live in Togdheer region facing the same challenges as the IDPs in Somaliland. Burao has 9 IDP camp settlements and these are Koosaar with 3550hhs, Ali Hussein with 1337 hhs, October with 782 hhs, Adan Saleban with 2850 hhs, 15 May with 2000hhs, Caqiibo with 1850hhs, Qandahar with 100 hhs, Madiin with 1800hhs, Saylad with 400hhs. Hundreds of displaced families living in Burao town complain that they are forgotten and not attended to by any aid agencies.

Boroma has 6 IDP camp settlements namely Sheikh Awgaab, Hayayaabe, Qoorgaab A&B, Xaaslayda, Faaraxyood and Sheikh Ibrahim Bakaal. The total of IDPs in these camps is 6000. However the Commission observed that Sheikh Ibrahim Bakaal is comprised mainly

30 Principle 1 of the Guiding Principles on Internal Displacement. 31 Article 3 of the Kampala Convention. 32 Somaliland IDP Policy Framework, Page 8 33 Statement from an Official in the Ministry of Resettlement, Rehabilitation and Reconstruction.

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of the minority clan and not really internally displaced persons, but the Ministry of Labor and Social Affairs consider these IDPs.

In Berbera, Wadajir with 820hhs, Burco sheikh 425hhs, Barwaqoo 349 hhs, Daarole with 232hhs. The population in the IDP camps has increased due to the constant drought in Somaliland that has forced the people in the rural areas to move to the camps for shelter.

8.2.1 Positive Developments

The SLNHRC noted that there were efforts to ensure that the rights of IDPs are respected, the Ministry of Resettlement, Rehabilitation and Reconstruction are partnering with UNHRC and international non-governmental organizations (INGOs). The Norwegian Refugee Council Somaliland Program operates in Hargeisa, Burao and Erigavo providing assistance in Shelter, Water, Sanitation and Hygiene (for WASH project), Education, food security, Information, Counseling and Legal Assistance (ICLA), while factoring protection as an integral part of all program activities.

a) Infrastructure Development

The Commission commends the Norwegian Refugee Council (NRC). In 2014, the NRC received funding from the European Commission humanitarian aid and civil protection and it has constructed 700 semi-permanent shelters with 700 water tanks installed beside each home for IDPs among other groups like refugees, returnees etc. Also, temporary health posts were constructed for resettled IDPs, This former IDPs are the proud owners of title deeds and live in more secure conditions. b) Provision of essential items/Emergency Response

SLNHRC noted that the Government and other organizations have responded positively to some of the needs of the IDPs through the provision of items for housing, ensuring water flow etc. Some of these organizations include UNHRC, the Danish Refugee Council, the Norwegian Refugee Council etc.

c) Provision of Legal Aid

The DRC has provided legal aid, especially to victims of sexual gender based violence. DRC has established an agreement with the Hargeisa Legal Aid Clinic (HLAC) and the Baahikoob Centre to represent GBV survivors in court and to provide medical support to the survivors of GBV. HLAC employed 3 female paralegals and 4 professional lawyers (2 female and 2 male). Through HLAC, legal and medical support was provided for 20 GBV survivors. Out of these, 16 cases were represented in court, whilst 2 cases are at the stage of drafting legal memos and 2 are pending further action and investigation. The Danish Refugee Council finalized the translation of a paralegal training manual from English to Somali. The Manual

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is used to train paralegals to improve their capacity to address GBV survivors to access justice.34 d) Right to work/Access to employment opportunities

The Right to work is enshrined in the Constitution of Somaliland stipulating that all able citizens have a right and a duty to work. The state shall therefore be responsible for the creation of work and the facilitating of the skills training of employees. The Commission observed that most internally displaced persons work as casual laborers, porters and domestic workers. They engage in a self-perpetuating cycle of labor intensive, low skill and employment with low income

8.3 CHALLENGES FACED BY IDPS AND IN THE REALIZATION OF THEIR RIGHTS

a) Right to Education

Education is a fundamental human right, which promotes individual freedom and empowerment and yields important development benefits. It is important for IDPs to realize that this right can also lead success to their other rights such as right to health, culture, work and freedom of expression.35

During the Commission’s regular monitoring activities the inspected IDP camps mentioned that most of the schools were inaccessible to them as they were so far away. In the new resettlement village in Mohammed Mooge, and Ayaha IDP camps in Hargeisa there are no schools at all for the children hampering the basic right to education. Poverty is the underlying issue in these IDP households and as such the majority face considerable constraints in feeding their families and also the failure to meet education related costs such as fees for tuition and school uniforms, which prevents poor families from sending their children to school. b) Water and Sanitation

The Right to water is defined as the right of everyone to sufficient, safe, acceptable and physically accessible and affordable water for personal and domestic uses.36 This is right a prerequisite for the realization of other human rights. The Commission noted with concern that the families in the resettled villages are having great trouble in finding water. In Ayaha and Mohamed Mooge, water truck vendors that are not frequent serve the IDPs. The sanitation in these IDP camps is lacking due to shortage of water and low income, which affects their daily life and activities. However the Commission noted that some camps get piped water like State house and Daami. In Boroma, all the IDP camp settlements get piped water.

3434 Danish Refugee Council Report 35 Committee on Economic, Social and Cultural Rights (CESCR)General Comment No.13 36 Ibid Comment No.15

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c) Right to Adequate Housing

The right to housing is provided for in the ICESCR and the general comment on the right to housing sets forth requirements for the right to housing, including legal security of tenure, affordability, habitability accessibility (everybody should access to adequate housing). Location, cultural adequacy and housing should be in conformity with the traditions and practices of the people that are going to inhabit it. Every effort to modernize housing should take into account the needs and the beliefs of the people that are going to live in.

In view of these requirements, the Commission noted that most of the Internally Displaced Persons live in a Somali shelter ( Buul) some of which are grass thatched and some made out of plastic bags. These are dilapidated and inadequate when it is cold and at time is extreme heat.

The type of shelter at the former Mohamed Mooge Camp. The people in this camp were now resettled in Digaale Resettlement Camp. d) Right to Health

The SLNHRC noted during its monitoring visits that the MOH has improved in its efforts to bring health care facilities to the IDPs. Most health posts are limited because of increasing IDPS Population. However, it is important to note that the two new settlements of Digaale and Ayaha IDPs camps the Government supported the construction health posts .

8.4 Recommendations a) The Government of Somaliland should take affirmative action where required to ensure that IDPs enjoy their rights in equality with non-displaced citizens and ensure that women and children are equipped with knowledge about their rights. b) The Ministry of Health and Ministry of Education should construct more health centers and schools respectively in the IDP camp settlement.

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8.5 CONCLUSION

The efforts to improve the lives of the internally displaced people by the international non- governmental organizations and the Government of Somaliland in 2014 are commendable, although there were notable human rights concerns, especially with regard to the welfare of these people.

CHAPTER 9: ACCESS TO JUSTICE

9.0 INTRODUCTION

Access to Justice refers to the ability of people to seek and obtain a remedy through formal or informal institutions of justice, and in conformity with human rights standards.37

A fair and efficient system for providing justice is crucial to the proper functioning of society. Not only does it hold individuals, including state officials, accountable for their actions, but it also sets norms of behavior of other citizens. This system must be available to the most disadvantaged.

9.1 LEGAL FRAMEWORK

9.1.1 International Legal Framework

Access to Justice is considered a fundamental human right as set out in Article 8 of the Universal Declaration of Human Rights: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.” Access to justice is a means to protect and enjoy other rights and for the right to access to justice to be truly enjoyed, a number of other human rights must also be protected, such as the right to information, the right to physical safety, the right to confidentiality and the right to privacy.

The ICCPR obliges states to ensure that victims of human rights violations have an effective remedy, right to have their claims determined by competent judicial, administrative and legislative authorities or any other competent authority and those competent authorities enforce such remedies.38 The Convention on the Elimination of all forms of discrimination equally obliges states to ensure “effective protection and remedies through competent national tribunals and other state institutions,” as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of racial discrimination.39

37 http://www.gaatw.org/atj/index.php?option=com_content&view=article&id=105&Itemid=116:Global Alliance against traffic in women, Access to Justice Programme 38 Article 2(3)(b) of the ICCPR 39 Article 6 of the International Convention on the Elimination of Racial Discrimination.

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The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law 2005 also affirms the victim’s rights to equal and effective access to justice, adequate, effective and prompt reparation for harm suffered, access to relevant information concerning violations, and reparation mechanisms.

9.1.2 National Legal Framework

In the Somaliland Constitution, Article 21 (2) states that all articles, which relate to fundamental rights and freedoms, shall be interpreted in a manner consistent with the international conventions on human rights and also with international law. In this regard the right to an effective remedy by the competent national tribunals’ must be granted the fundamental rights granted by the Constitution or by law. Other legislation, which reflects the dispensation of justice in Somaliland, includes the SLNHRC Act 39 of 2010.

9.2 SITUATIONAL ANALYSIS OF ACCESS TO JUSTICE IN SOMALILAND

Access to justice is fundamental in itself and the existence of enabling laws, location of institutions in the administration of justice, physical access to the vulnerable and the availability of judicial and other officers is paramount to the realization of the right to an effective remedy. Access to Justice must be just, equitable and sensitive to the needs of the poor and marginalized.

9.2.1. Court System in Somaliland

Somaliland has a Supreme Court, regional courts of Appeal, Regional courts, District courts and the Armed Forces court. a) Mobile Courts System

Mobile courts were established in all the regions of Somaliland through this project, making these courts accessible to the vulnerable people in Somaliland. These mobile courts go to districts and villages outside their permanent seats to hear cases falling out of their jurisdiction.

The UNDP through its project “Access to Justice,” has helped establish mobile courts in majority of the regions such as Maroodi-Jeex, Awdal, Sahil, Togdher and Sanaag. These help vulnerable people living in isolated and rural areas to access justice through the efficient adjudication of cases. The courts use past experiences to support traditional justice mechanisms and support legal aid and legal aid services, reducing the cost of those who access the services.40

40http://somalilandpress.com/mobile-courts-speed-up-justice-in-somaliland-21991

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Table 9.1 Shows the No of Cases adjudicated by Mobile Courts in the regions of Somaliland from January to September 2014.41

City No of Cases No of People Hargeisa 138 218 Burao 156 37 Erigavo 97 151 Borama 82 125 Gabiley 46 130 Berbera 66 112 Total number in all regions in the 239 516 period July to September Total 824 1289

Figure 9.1 shows the No of Cases adjudicated by Mobile Courts in the regions of Somaliland from January to September2014.

b) Legal Aid

Legal Aid is given to victims of all crimes and especially for women for sexual abuses and gender based violence Legal Aid clinics have been established and are working smoothly to meet the needs of the people.

41Figures obtained from UNDP Access to Justice Quarterly Reports 1, 2 & 3.

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Table 9.2 shows the total number of 8 legal aid clinics provider support January- September 2014

City/District No of Legal Aid Centers supported Hargeisa 4 Gabiley 1 Boroma 1 Boon 1 Burao 1 Total 8

The Legal Aid centers are the University of Hargeisa Legal Aid Centre, Amoud University Legal Aid Centre in Borama and Somaliland Women Lawyers’ Association (SWLA) Legal Aid Centers.. The Number of citizens receiving legal aid disaggregated by gender in the QS 1, 2 & 3 were 1044 female, 2135 male totaling 3179 this includes children, IDPs, minorities, refugees and asylum seekers. The number of citizens released with legal support was 522.42 b) Number of Rape and SGBV cases

Table 9.3 shows the number of rape and SGBV incidents from January to September and the outcome of these cases Period Incidents Formal Outcome Process Q1 (January-March 81 40 24 prosecuted with 3 convictions, 1 2014) acquittal & 20 pending in court trial and 16 under police investigation Q2 (April-June 2014) 165 87 87 under formal prosecution with 17 Conviction, 10 dismissals, 33 pending and 27 under police investigation. Q3 (July-September 129 61 15 cases were closed during the 2014) investigation 19 pending for investigation & 27 submitted for prosecution with 15 convictions, 5 dismissals and 7 pending in court trial.

Among the convictions, in the first quarter, there is one case of gang rape with the perpetrators sentenced to 20 years of imprisonment. There was planning underway for Baahikoob centres to be built in Burao and Borama. In Q2 there was a significant increase

42 See n (46)

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in the number of offenders reported and convicted on rape cases. The Baahikoob centres established coupled with awareness raising and trainings on prosecution of rape cases contributed this to this change.

9.2.2 Dispensation of Justice in the Attorney General’s Office

The Attorney General’s Office in Somaliland plays an important role in the dispensation of justice. The Attorney’s Office has 26 prosecutors and with offices in all the regions of Somaliland. The government of Somaliland has constructed new buildings in the regions of Boroma, Burao and Hargeisa to accommodate the AG’s office in these regions and is yet to have an office in Berbera. The Office prosecutes all types of cases but particularly with gender based violence cases and cases involving children in conflict with the law a new department was opened up in all the regional offices.

9.2.3 Justice for Children

Justice for children includes juvenile justice, which deals with children in conflict with the law, as well as children who are witnesses to crime or victims of crime. The Office of the Attorney General in conducting its regular monitoring activities in Hargeisa, Burao and Berbera ensures the enforcement of the Juvenile Justice Law and safeguards the rights given by the law to the children.

A Juvenile/GBV Unit was established in Hargeisa, Burao and Boroma regional prosecution offices to monitor guide and coordinate the activities and performances of the women and child unit in these regions. These prosecution units are discharging their duties effectively and efficiently providing high quality services to the children who are in need of legal services.

Police stations are the first place where children who are accused of committing an offence are detained. The Staff of the Unit conduct weekly supervision to the police station and the detention centres and gives necessary advice and guidelines to the police officers in handling SGBV and child cases. There is a separate file and recording system for women and children’s cases disaggregated by gender of children and women’s cases. The number of juvenile cases from Hargeisa this year was higher than in all the regions with 81 cases with one acquittal and 38 pending cases.

It was noted that the majority of the juvenile offenders are male. In the 3rd quarter of 2014, most of the children in Hargeisa Police stations included 85 male and 3 females.

9.2.4 Drafting of Laws to enable women access justice

The Commission noted that in 2014 a Sexual Assault Bill was drafted after a working group comprising of the civil society and the SLNHRC conducted research and made

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recommendations as to what should be included in such a law. The proposed bill was drafted and has been tabled before the Parliament to be passed into Law.

An Anti-FGM Bill was drafted and tabled before Parliament to be passed into law as consultations have to be made at community level in order to cater for the divergent views on this sensitive issue. This law is not considered as a priority in the country and thus the reluctance of parliament to pass it into law.

9.2.5 The Role of the SLNHRC in Access to Justice

The Somaliland National Human Rights Commission (SLNHRC) with its main office in Hargeisa is yet another means through which victims of human rights violations can access justice. The Commission, which was legally constituted in 2010, has been at the forefront of deciding cases of human rights violations. The majority of the complaints decided by the SLNHRC tribunal is against the state, especially with regard to civil and political rights of which the government is obliged to respect and protect.

9.3 CHALLENGES

Access to Justice, which is a fundamental right specifically the right to an effective remedy, is claimed when a violation is made and a fair hearing has been held and a remedy passed by the courts in a prompt manner. However, there are challenges in the administration of justice that has invariably affected the realization of this right: a) Few state prosecutors in the Attorney General’s office to effectively handle cases lack of trained prosecutors in the Women & Child Prosecution Unit to deal with SGBV and juvenile cases and to manage cases. b) Police Officers are not well trained and skilled in the protection of the rights of the children. They have limited knowledge about juvenile justice, law of the country. c) Increased backlog of cases in the courts of Somaliland with few judges to effectively adjudicate these. d) Children in conflict with the law face some challenges for instance being detained with adults. In some detention centers, the Commission noted that juveniles did not have separate cells from adults. In Berbera prison office it was observed that there is a separate for juveniles from adults. e) The absence of a national legal aid policy is hindering the government on any financial and legal commitment to legal aid service provision as this is provided by civil society organizations. f) Inadequate infrastructure to facilitate effective access to justice. There are no buildings yet for the regional offices of the Attorney General in Sahil and Sanaag region. Sanaag region is far and thus was not considered in the budget allocation. g) Conflict of interest within the justice sector hinders access to justice, especially where the prosecutors, lawyers and judges disagree with the law and especially where the judge release criminals without following the law.

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h) Inadequate resources allocated to the justice sector and as a result the prosecutors and lawyers’ salaries are not sufficient which is not an incentive for them to adequately carry out their duties/roles.

9.4 Recommendations a) The development of a policy on legal aid will enable the disadvantaged people or marginalized people to easily access legal assistance and aid. b) The Ministry of Justice needs to increase the amount of funds that it allocates to the Justice Sector that is the judges, money allocated for infrastructural construction, money allocated to the Attorney General’s office and the Ministry of Justice. c) The inclusion of the Attorney General’s Office in the UNDP’s Access to Justice programme is highly encouraged as this will hasten access to justice and enable speedy dispensation of justice.

9.5 Conclusion

The efforts of the Access to Justice Project implemented and funded by the UNDP is a remarkable step to ensuring access to justice especially for the vulnerable people. The ability to access courts is being realized through the mobile court system established by UNDP however not all the people utilize the services. The adoption of the recommendations would enhance the ability of the citizens of Somaliland to access justice.

CHAPTER 10: ASSESSMENT OF THE RIGHT TO EDUCATION

10.0 INTRODUCTION

Education is a fundamental human right and an indispensable means of realizing other human rights. The duty to ensure quality education falls solely on the Government of Somaliland, which through the Ministry of Education has undertaken some progressive steps to the realization of this fundamental human right. This chapter will analyze the quality of education in Somaliland, the challenges facing the realization this right and the recommendations to improve the quality of health care.

10.1 LEGAL FRAMEWORK

The Right to Education is guaranteed under International and National human rights law.

10.1.1 International Legal Framework

The ICESCR provides for the right to education as one of the economic, social and cultural rights guaranteed by that Covenant. The right to education shall be directed to the full development of the human personality and to strengthen the respect for human rights and

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fundamental freedoms. States have the primary obligation to ensure the full realization of this right at primary, secondary, higher and fundamental levels of education.43

The right is also guaranteed in other international human rights instruments, the CEDAW which requires that all appropriate measures be taken to eliminate discrimination against women in order to ensure them equal rights and freedoms with men in the field of education.44

Article 28 of the CRC recognizes the right of the child to education. This right is to include primary education compulsory and available to all and to encourage the development of different forms of secondary education, including general and vocational education making these available and accessible to every child.

The CRPD also guarantees the right to education to PWDs without discrimination and on the basis of equal opportunity.45

10.1.2 National Legal Framework

Somaliland is mandated by Article 10 (2) of the Constitution to recognize and act in conformity with the UN charter and with International law, treaties and shall respect the Universal Declaration of Human rights. In this regard, Somaliland recognizes and respects all the international treaties above.

The Somaliland Constitution guarantees the right to education and explicitly stipulates that the state shall pay particular attention to the advancement, extension and dissemination of knowledge and education as it recognizes that education is the most appropriate investment that can play a major role in political, economic and social development. 46 The Somaliland National Development Plan (2012-2016) enlists the education sector in the social pillar with its goal as improving the relevance and quality of education. There is a Somaliland Education Sector Strategic Plan for the period 2012-2016.

10.2 SITUATIONAL ANALYSIS OF THE RIGHT TO EDUCATION

In 2014, the Commission observed that the Government of Somaliland made some developments, however there are some challenges and issues of concern that need to be addressed.

43 Artic le 13(1) of the ICESCR 44 Article 10 of the CEDAW 45 Article 24 of the CRPD 46 Article 15 of the Somaliland Constitution

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10.2.1 Positive Developments

a) Improving the Quality of Education

Somaliland has a policy of free primary education; the President of the Somaliland launched this at the beginning of 2011. Previously parental fees collected from all primary children were used to subsidize the running costs of schools and teacher’s salaries. The Government of Somaliland’s commitment to make primary education free for all is also indicated by the financial projections that were contained in the mid-term fiscal strategy.47

In April 2014, the Government of Somaliland through the Ministry of Education and Higher Education made some commendable efforts to improve the quality of education by signing a memorandum of understanding with three district councils of Boroma, Berbera and Burao to pilot a devolved system of managing primary school education in a move to strengthen and improve the delivery of education services. The Minister of Education and Higher Education Zamzam Abdi Adan and the Mayors of the three District Councils signed this agreement in Somaliland’s capital Hargeisa. Dr. Haydar Nasser, Chief of the UNICEF Field Office in Somaliland and other senior government officials, witnessed the signing.

b) Construction of New Schools, Extension and Rehabilitation of the Existing Ones

One of the strategic objectives in the Education Sector is to construct new schools, extension and rehabilitation of the existing ones.48 The Somaliland government through the Ministry of Education has constructed classrooms in some of the existing schools. In Sanaag region 24 classrooms and 25 pit latrines were constructed in Langisciye, Yufle, Jiidali Yubbe, Gool, Damallo Xagarre and Marwada primary schools. In Badhan 7 classrooms and 6 pit latrines were constructed in El Buh, Hadaftimo, Dawaco, Wardheer and Sinaay primary schools were constructed. 1 office was constructed in El Buh. Renovations were done in 9 primary schools in Sanaag and 2 classrooms furnished while 4 classrooms were constructed. c) Improving and Expanding Women’s Education

Women’s Education in Somaliland has greatly improved in the last three years with the enrollment of girls in schools gradually rising.

47 Ministry of Education and Higher Studies, Strategic Plan 2012-2016, page 21 48 Somaliland National Development Plan 2012-2016; ) Primary and Secondary Education Sector Budget and Implementation Matrix. Page 204

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Table 10.1 shows the Enrollment of Males and Females for 3 years

Gender Year 2010-2011 2011-2012 2012-2013 Male 21,565 24,516 26,932 Female 9507 11,614 12,306 Total 31,072 36,130 39,238

There was an increase in the enrollment of girls in 2011 to 18.1%, while in 2012 the increase from the previous year was only 5%. This year the increase was projected to be higher because of the increased campaigns to have more girls, especially in the rural areas to be enrolled in schools.49

Figure 10.1 shows the gradual increase in the enrollment of girls in schools for the last three years

c) Improving and Expanding Special Needs Education

There are at least two schools that offer special needs education in Borama and Hargeisa. Physically handicapped children are able to attend classes to gain a sense of normalcy in these schools.

10.3 CHALLENGES a) Inadequate budgetary allocation to the education sector. The budgetary allocation to the education sector was 6% of the national budget. This was quite insufficient to pay to ensure that all the basic services are provided for in the schools as well paying sufficient salaries to the teachers. The teachers in the schools are paid about 120 dollars, which is not adequate.

49 Data received from the Ministry of Education, Somaliland.

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b) Overcrowding in the schools and lack of adequate educational materials in the schools. c) The Curriculum and learning situation in Somaliland is characterized by inadequate skills of curriculum developers and there is no officially prescribed curricular clearly defining the content, methods and structure of intended learning experiences in both primary and secondary education. d) There is a lack of textbook policy, which would serve as a basis for teaching, learning of skills vital to personal, social and national development. e) Weak institutional framework for curriculum policy formulation.

10.4 Recommendations a) The Ministry of Finance should allocate adequate funds to the Ministry of Education in order to carry out its functions of quality education service delivery and meet the minimum core obligations under the ICESCR. b) There is an urgent need to do curriculum assessment in areas of objectives, content, teaching learning activities, methodologies, and resources to identify gaps between what is desired and what exists.

10.5 CONCLUSION

The Government of Somaliland is gradually fulfilled the Right to Education with the increasing numbers of schools in the country and institutions of higher education. The Commission observed that the enrollment of girls is gradually rising as well and they are ongoing campaigns to ensure that girls, especially in the rural areas are getting access to education. It is hoped that the budgetary allocation for the education sector will be increased to ensure that citizens in Somaliland are all able to access basic education.

CHAPTER 11: HUMAN RIGHTS SITUATION WITH REGARD TO WOMEN

11.0 INTRODUCTION

This chapter will highlight the plight of women in Somaliland, especially in the promotion and protection of their rights, it will lay out the legal framework stipulating for the rights of women and those of children and youth and their human rights concerns.

Women are considered among the marginalized or vulnerable group of people and they face discrimination against their personality and dignity. The marginalization of women in Somaliland has its roots in the traditional norms and culture in Somaliland.

Women’s rights are inherent rights vested in a human being simply because he/she is a human being. The human rights of women is a developmental issue because gender inequalities can prevent a society from realizing its full potential in all areas of development; economic, social and political.

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11.1 LEGAL FRAMEWORK

11.1.1 International Legal Framework

The Convention against Elimination of all forms of Discrimination Against Women (CEDAW) is the main human rights treaty detailing the rights of women. This Convention guarantees equality and equal protection before the law and even goes further to set measures for the achievement of equality between men and women regardless of their marital status in all aspects of political, economic, social and cultural life. State parties have an obligation to eliminate discrimination against women through legal policy and programmatic measures. The obligation applies to all spheres of life as well as matters relating to marriage and family relations and includes obligations to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. 50

11.1.2 National Legal Framework

The Somaliland Constitution provides that all citizens of Somaliland will enjoy equal rights and obligations before the law and shall not be accorded precedence on grounds of color, clan, birth, language, gender, property, status and opinion.51 The Constitution does not condone any forms of discrimination though socially, public attitude has tended to favour male dominance over women.

11.2 ANALYSIS OF THE RIGHTS OF WOMEN IN SOMALILAND

Women and Children are considered as vulnerable in society and often times their human rights are abused/violated. Violence against women and girls is common in Somaliland in its varying forms with the prevalent ones to include female genital mutilation, rape and domestic violence.

11.2.1 Positive Developments a) Women’s Empowerment

Women’s participation in the decision making process in Somaliland at all levels is an important human rights issue that has a direct bearing on the strengthening of democratic values of the country. The role of women in Somaliland society has been on the increase with an active and positive impact on the overall community development. Women’s increased economic participation and their position, as breadwinners in their families are evidence of the changing role. However for a long time, cultural and religious perceptions

50 The Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol. Handbook for Parliamentarians; Inter- Parliamentary Union 2003, Page 20. 51 Article 8 of the Somaliland Constitution

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have undermined women’s political participation despite their enhanced role that qualifies them to take part in the decision-making process in all matters of national interest.

The Civil society in Somaliland this year tabled a proposal before the Parliament, which now seeks at setting aside seats for women in the House of Representatives and the House of Elders. The Proposal was submitted to the House in the second quarter of this year. The Commission echoes the President’s views that there are more talented and educated women today in Somaliland who deserve to play a role in the decision-making institutions of Somaliland. He stated “Since the clans are not going to let women represent them in the houses, we should reserve quotas for women to guarantee their contribution in the national legislature bodies.”52 Currently there is only one woman in the two chambers of Parliament and four women in the cabinet consisting of 40 ministers as well as 10 Local Council/Government representatives. However, with its submission to the Parliament, the standing committee rejected to consider this proposal because they stated that they had other pressing issues before them, for instance the Electoral law in preparation for the elections next year. b) Drafting of a Bill to prevent Sexual and Gender Based Violence in Somaliland

The Commission in collaboration with the civil society has presented to the Parliament a proposed bill to prevent sexual violence in the country. This bill entitled Sexual assault Act is not yet to be passed into law. The Commission was a part of a working group that drafted a bill to curb FGM and strongly advocating for zero tolerance.

11.2.2 Human Rights concerns of Women

The Committee on the Elimination of Discrimination against women defined gender based violence as “violence that is directed at a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty.53

Gender based violence (GBV) encompasses a wide range of human rights violations ranging from rape, domestic violence, sexual assault and harassment, trafficking of women, girls and boys and harmful practices including female genital mutilation/cutting, forced marriage, bride inheritance and others.54 The number of reported incidences of rape and sexual gender based violence between January and September was 375 cases.55

52 President Ahmed Mohamed Mohamed’s views on this bill while giving his annual state of the nation address. 53 United Nations: Human Rights; Discrimination against Women: The Convention and the Committee; fact Sheet No. 22. In 1992, the Committee on the elimination of Discrimination against women took an important step to formally extending the general prohibition on gender based discrimination to include gender based violence. 54 http://www.humanitarianresponse.info/operations/somalia/gender-based-violence 55 As received from UNDP Access to Justice Quarterly Reports(1,2,3).

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a) Female Genital Mutilation

FGM is the partial or total removal of a girl’s external genitals. Her body is physically damaged when the healthy tissue or her genitals are cut away. There are no health benefits to FGM/C. In Somaliland FGM is performed throughout the country in rural areas, the mostly severe type the pharonic/infibulation circumcision is practiced. In the urban areas the Sunna type, which is less severe, is practiced.

The Network against FGM/C in Somaliland (NAFIS Network) is a nationwide network for Anti-FGM/C stakeholders. It has a membership of 20 organizations operating in all the regions of Somaliland. The main purpose of NAFIS is to combat all forms of FGM/C in Somaliland through coordination and networking for anti FGM/C efforts, lobbying and advocacy for decision makers to take action against it, research and documentation, capacity building for key stakeholders. 56

NAFIS Network through a baseline survey in all regions of Somaliland discovered that awareness raising with regard to FGM is limited to the urban areas and as a result initiated drought mitigation interventions to accelerate awareness programs that focused on the least reached and grass root communities in remote areas which assigned to implement NAFIS member organizations. NAFIS used drought mitigation interventions to first address the priorities of the community these included implementing water harvesting, mother and child health awareness, nutritional activities, improving farm skills, promoting sanitation and hygiene (WASH).

As a result of these activities being implemented, 6300 persons have been given the FGM/C education and awareness. The decision makers of these communities promised to abandon FGM/C practice and voluntarily are part of the efforts against FGM/C.

The Comprehensive Community Based Rehabilitation in Somaliland (CCBRS) launched a project aimed at safeguarding girls and women from FGM and the associated negative consequences and complications. The project was implemented at community level in Maroodi-Jeex (Daami, State house, and stadium, Arabsiyo, Balegubadle and Togdheer (Koosaar, October, Aqibo, Yarowe and Qoyta). This project targeted all community members especially girls at risk and those affected by FGM as primary beneficiaries.

The major achievements of the project for the intended period included capacity building for community leaders, religious leaders and FGM practitioners. Anti-FGM committees and 10 school child right clubs were established. Psychosocial counseling support was given to the communities with 10 women given referrals as well as follow up and counseling.57

56 Network against FGM in Somaliland (NAFIS) Newsletter Issue 1. 57 CCBRS Presentation, National Coordination Meeting for Anti-FGM/C stakeholders in Somaliland December 2,2014.

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The NAFIS Network collaborating with the SLNHRC and civil society and religious leaders intend to conduct consultations at community levels in order to have an informed decision concerning FGM. Zero tolerance is not possible in Somaliland of the religious beliefs causing divergent views. Some religious leaders believe that Sunna type of FGM is prescribed for in the Shafir Islamic school of thought.58 Prominent leaders in the country advocate for zero tolerance for FGM because the Sunna type of FGM has five variant types, which are, quiet similar to the Pharonic type. 59

The Zero tolerance campaign to curb FGM in the country has not been successful in the past because of the belief of the people in Somaliland that it is a western idea been fronted by the UN and lnternational non- governmental organizations in the country. It has been recommended that the UN and international non-governmental organizations take a back seat in this campaign.

Psychosocial counseling is one of the services that is provided for in three FGM/C survivor support centers established by the NAFIS Network. The centres in Hargeisa, Burao and Borama cities provide general health education such as antenatal, postnatal and child care as well providing the necessary care for patients with FGM/C complications.60

Some of the challenges with regard to FGM include the beliefs of some of the community members who believe in FGM myths, for example some believe that an uncircumcised woman will be a child forever, failing to develop the mind of a grown woman. Others believe that not undergoing FGM will result in their clitoris overgrowing to the point when it becomes like male genitalia.

b) Rape and Domestic Violence

Rape is the one of the most predominant forms of sexual gender based violence in Somaliland. Survivors of rape and domestic violence are reluctant to report any incidents for they have low confidence in the justice system and they have a fear of retaliation.

The SLNHRC notes that the majority of these cases end up in mediation and result in compensation rather than in court. Many parents make backdoor deals of compensation not considering the social ramifications or the best interest of the child. Rape victims rarely get justice because of the mediation that takes place outside of the courts. According to the Baahiikoob, many cases are settled outside of court rather than in court.61 The Attorney General released a statement in a circular directing that all rape cases should not be decided by the traditional elders but rather by the courts

58 Statement from NAFIS Network Coordinator Abdirahman O. Gaas 59 Prominent leaders including the Minister of Religion and Endowment and the Minister of Labour and Social Affairs. 60 See n(56) 61 Baahiikoob(Sexual Assault Referral Centre)

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The Commission conducted a comprehensive research on rape within Somaliland. In its findings, the Commission noted that the age group of the rape victims is girls between 13 to 25 years. Girls who are approximately 14 years of age and older who were reportedly the most frequent victims of rape. The perpetrators were mostly community members who raped girls at night as they walked back home from working in the market. Rape also occurred in the context of girls working as servants in people’s houses. In addition rape by multiple boys or men also occurred and when one boy or man had a girl, he typically called others to join in the rape. These boys are mostly teenagers that are unemployed.

The Commission was informed that in Burao, Erigavo, Berbera and Las-anod there were 7 cases of gang rapes whereby more than 6 perpetrators rape one victim in each incident. However it was reported that in Burao the incidents of gang rape are higher than individual rape cases. In Gabiley the Commission was reliably informed that the acts of rape arenot frequent, a total of 4 rape incidents were reported in Gabiley Police stations in the first six months of the year. A lawyer with the Somaliland Lawyers’ Association (SOLLA) in Gabiley noted that rape cases within Gabiley have decreased lately due to the citizens realizing the negative effects associated with rape coupled with the fear of acquiring HIV/AIDS. In Awdal region, one of the judges of the regional courts explained that rape cases have increased tremendously and one of the reasons for this is the expensive dowry price for the bride, which is unaffordable to many aspiring bachelors.

Most of these cases are always solved through traditional ways without the victim’s consultation. In such cases, camels are paid as compensation depending on the clan rules. Such a solution is not only violating the victim’s rights but prevents the perpetrator from undergoing the court process.

Rape victims and their families prefer to keep silent because of the shame and stigma attached to rape and the fear of loss of the family’s reputation and the fear of injustice from the courts and the formal justice system. As a result of these fears, most of the victims prefer to solve their cases through the traditional justice systems.62 The Commission was informed that due to incompetent criminal investigators at the police stations, most of the evidence is tainted.

The prevalence of rape was attributed to the communities’ denial of rape occurrence, the unfair courts’ trial of rape cases in which the respondents reported that some traditional clan elders do influence the judges in their proceedings. In one particular incident in Erigavo, an 8-year-old girl was raped and the perpetrators used a knife on her private parts, which caused fistula, and this case was resolved using the traditional justice system without any punishment handled down to the perpetrator.

6262 Report on Rape conducted in the Eastern Region of Somaliland by Abdillahi Mohammed Bile Page 8

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In its findings, the Commission noted especially from the victims that the effects of rape included physical problems e.g. hurt/injuries, broken bones and teeth, psychological problems such as suicidal attempts, isolation and trauma. c) Inaccessibility to Legal Services/Access to Justice

Women’s human rights are constrained by inadequate legal literacy amongst women as the existing legal system does not reach the majority of women who live in rural areas, though there is a notable increase of women enrolling at all levels of education. This is attributed to the fact that the Ministry of Education sensitizing communities to eradicate gender inequality in education. d) Low investigation and prosecution capacities of the Baahikoob centres and the Prosecution Unit of the Attorney General Office.

11.3 KEY INTERVENTIONS ON GBV PREVENTION AND RESPONSE IN 2014

The Danish Refugee Council (DRC) made some key interventions on GBV in 2014, including: a) DRC worked closely with the GBV Working Group (WG), MOLSA and stakeholders to design a multi-sector response model for GBV survivors in Somaliland was a challenge and almost non-existing in the past. DRC recognized this need and initiated an in-depth analysis of the existing GBV protection environment in Somaliland. This mapping included interviews with 22 GBV actors (7 male and 15 female) of which 15 were service providers (medical, legal, psychosocial and safety services and 7 prevention actors.

A response model was developed with a comprehensive and standardized referral mechanism a service provider’s directory used by multiple agencies to facilitate and enhance response and prevention of GBV in Somaliland. The GBV SOPs were also revised. The model will be useful in creating a holistic multi sector case management guided by referral pathway that is survivor centered taking into account timely response and prioritized GBV survivors needs as well as ongoing and long term support that maybe required. b) DRC conducted community mobilization trainings on power and GBV for gatekeepers, men, youth and relevant government ministries to promote improved responsiveness and access to the Somaliland legal framework for GBV survivors. Male engagement is currently a key area of focus in Somaliland. It aimed at using men to reach out to fellow men to prevent and respond to GBV in the society. 60 men; mainly youth (34), elders(12) and religious members(14) were mobilized, trained and equipped with knowledge related to GBV and its effect on society. The men send advocacy messages against GBV and lead attitudinal change campaigns through different forums such as community meetings, religious forums as well as through local media.

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c) Capacity building activities conducted included knowledge-based workshops for GBV WG members and different service providers, including relevant government institutions and civil society organizations working on GBV. The workshops had a total of 33 participants’ including UN agencies, INGOS, CBOs, LNGOs, SLNHRC and several government ministries (Ministry of Justice, Ministry of Religion and Endowment and Ministry of Labour and Social Affairs). The Ministry of Labor and Social Affairs, led the coordination and organizations of the trainings. The DRC and GBV WG are currently planning for a follow up of the specialized trainings for CSOs in Somaliland. d) Training was given to the 24 members of the first response teams by DRC legal liaison officer. Key topics were about how to interview and record GBV cases correctly as well as observing confidentiality.

11.4 RECOMMENDATIONS

a) Sexual and Gender based violence programming should be a survivor-centered, ensuring the safety of the survivor, confidentiality and respect for the survivor and her/his right to informed choice. b) In order to have maximum effective with the zero-tolerance campaign against FGM, the UN agencies and the International non-organizations should take a back seat. c) The Government of Somaliland and the International Organizations as well as the UN are encouraged to fully support the strengthening of the capacity of the Baahikoob and the Prosecution Unit of the office of Attorney General. d) The traditional justice system for rape cases should be eliminated and punishment be imposed for traditional elders who try to solve such cases. e) The implementation and enforcement of Sharia law and most especially the punishment imposed for the perpetrators. f) Campaigns on the importance of girl child education should be continued, as this is the way to empower the role of women in the society against harmful traditional practices of FGM.

11.5 CONCLUSION Somaliland being a patriarchal society with men seem to dominate in all aspects has seen an improvement in advocacy for the rights of the woman in Somaliland. This is evident in the progress made with regard to the women’s political participation in decision-making. The efforts of the civil society to draft a bill to curb sexual violence, especially rape in Somaliland is commendable and it is hoped that the Parliament will pass this law. FGM is still prevalent in the country due to the divergent views among the religious leaders about the practice.

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ANNEX 1: NAMES OF THE SLNHRC STAFF

No Names M/F 1 Mohamed Nour Guleid M 2 Esman Ali Du’aleh M 3 Abdisamad Sa’ad Hassan M 4 Omar Ahmed Obsiye M 5 Ismael Abdilahi Jama M 6 Abdillahi Mohamed Bile M 7 Abdiqani Mohamoud Abdi M 8 Kadar Mohamed Derei M 9 Abdirahman Mahamoud Muhamed M 10 Ismael Abdi Dahir M 11 Mohamed Ali Abdillahi M 12 Hibo Ahmed Abdi F 13 Fardus Abdirahman Abdillahi F 14 Kadra Sahardid Hussein F 15 Hamda Ali Jama F 16 Fadumo Saleban Ali F 17 Aisha Abdirahman Aw-ali F 18 Idil Abdi Mohamed F 19 Ayan Mohamoud Askar F 20 Muna Ahmed Liban F 21 Adam Ali Jibril M 22 Abdiqani Ahmed Ali M 23 Mohamed Ali Jama M 24 Abdiqadir Saleban Mohamoud M 25 Hana Abdi Da’ud F 26 Mahad Esse Hersi M 27 Abdinasir Abdillahi Ismeil M 28 Abdihakim Mohamed Ahmed M 29 Abdirisaaf Xuseen Xariir M 30 Saahid Ahmed Ismail M 31 Mohammed Nuur Giriig M 32 Cisman Ali Ducaale M 33 Asha Youf F 34 Samsam Abdi Yousuf M 35 Samsam Sacad M 36 Maryan Abdi Warsame F 37 Fadumo Ahmed Yasiin F

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