Somalia: Horrendous Human Rights Violations in Eastern Somaliland – Amnesty Int’l Report. Part IV

In three previous articles entitled "Somaliland’s Definite Rejection from the World Community Underscored by Amnesty Int’l Report–Part I"
(http://www.americanchronicle.com/articles/view/95769), "Devastating Amnesty Int’l Report Heralds the End of Somaliland’s Secessionism – Part II"
(http://www.americanchronicle.com/articles/view/95778) and Somaliland - The Drama of the Displaced Persons Revealed in Amnesty Int’l Report – Part III (http://www.americanchronicle.com/articles/view/95844), I republished the new Amnesty International Report on Somalia that focuses on Human Rights’ violations in Somalia’s northern provinces that were forced to separate and form – due to malignant involvement of the racist Abyssinian tyranny – a secessionist, anti-Somali pseudo-state that nobody recognizes, "Somaliland".

In the present article, I republish further parts from the devastating Report; for better understanding of the Report’s scope and significance, I also include the Contents.

Somalia: Human Rights Challenges: Somaliland Facing Elections
http://www.amnesty.org/en/library/info/AFR52/001/2009

Index Number: AFR 52/001/2009
Date Published: 17 March 2009

In the lead up to, during and after the upcoming presidential and local elections, scheduled for 2009, both the Government of Somaliland and the international community should pay greater attention to the overall human rights situation in Somaliland and consider ways to protect human rights. Amnesty International has been monitoring, reporting on and promoting human rights in Somaliland since 1991. This report offers recommendations to improve the respect, protection and promotion of human rights in Somaliland.

Somalia: Human Rights Challenges: Somaliland Facing Elections
http://www.amnesty.org/en/library/asset/AFR52/001/2009/en/ec9271de-98aa-4ec4-a85e-500f901375a6/afr520012009en.pdf

Contents
1. Introduction..........................................................................................................2
2. Background .........................................................................................................3
3. Security Committees, Forced Returns and Unlawful Detentions................5
a. Security Committees ..........................................................................................5
b. Forced Returns ....................................................................................................7
c. Prisoners of Conscience: Journalists and Freedom of Expression ...............8
d. Prisoners of Conscience: Political Opposition Figures...................................8
4. Displaced Persons in Somaliland ....................................................................10
5. Human Rights in eastern Somaliland..............................................................13
6. Somaliland under International Law ..............................................................15
7. Defending Human Rights in Somaliland .......................................................17
8. Conclusion: Not Yet Equal Justice under Law as Elections Approach …..20
9. Recommandations...............................................................................................22
Appendix I ...............................................................................................................25
Appendix II ..............................................................................................................26

5. Human Rights in Eastern Somaliland

In the eastern regions of Sool and Sanaag, bordering the semi-autonomous Puntland Region of Somalia, there has been sporadic armed conflict over control of the area.

In any armed conflict, whether international or non-international, applicable rules of customary international humanitarian law are binding on all parties, irrespective of their status—that is, whether they are the armed forces of states (which are party to international treaties) or non-state armed groups. The cornerstone of international humanitarian law is the principle of distinction, which requires that parties to the conflict must at all times distinguish between civilians and combatants and direct their operations only against military objectives. These rules prohibit indiscriminate attacks, which strike military objectives and civilians or civilian objects without distinction, and disproportionate attacks, which cause civilian deaths or injuries which are excessive in relation to the military advantage anticipated. International humanitarian law also requires the humane treatment of civilians and combatants who are no longer taking part in the fighting because they have been captured or are sick or injured. It prohibits violence to life and person, particularly murder, mutilation, cruel treatment, and torture.24 Other rules of customary international law prohibit pillage (the forcible taking of private property from the enemy’s subjects for private or personal use) and arbitrary deprivation of liberty.25

In November 2007 sporadic fighting between local Dulbahante sub-clan militias26 escalated into armed confrontation between Somaliland and Puntland forces. The fighting was concentrated in Las Anod, the regional capital of Sool, close to the southernmost part of the border. Amnesty International received reports that both sides appear to have taken precautions to avoid operations in civilian populated areas in and around Las Anod, although reports revealed that human rights abuses and breaches of international humanitarian law were committed by both sides. These include reports of several incidents of rape and other physical attacks and pillage, all of which reportedly targeted civilians accused by either side of collaborating with the other.

During the fighting, tens of thousands of people (up to half the population of Las Anod) fled and were displaced to Buhodle and Burao in Somaliland, and Garowe in Puntland, largely according to sub-clan affiliation. Many of those displaced have not received adequate humanitarian assistance, including for voluntary return. Many of those displaced have expressed fear of returning, because they had supported Puntland forces, which lost control of the disputed territory.

Under UNHCR guidelines, any return of refugees or internally displaced people must take place voluntarily, after an informed decision, and under conditions of physical and legal safety including protection against attack, non-discrimination and in circumstances of economic opportunity and material security including education, housing and land.27

In early July 2008 fighting between Somaliland and Puntland forces broke out in the area of Las Qorey in Sanaag, along Somaliland’s northeastern border with Puntland. Reports are unclear as to how many civilians were killed, injured or displaced from the area at that time.

Amnesty International calls on all parties to conflict in the region to respect international humanitarian law and ensure protection of civilians, and in particular to respect the principle of distinction, to direct their operations only against military objectives and never to attack civilians or civilian objects, or to carry our indiscriminate or disproportionate attacks.

The Regional and National Security Committees described above have reportedly carried out scores of arbitrary arrests and unlawful detentions in these volatile regions of eastern Somaliland. While international humanitarian law provides for the detention of prisoners of war for the duration of an international armed conflict between two states parties to the Geneva Conventions, there is no such provision with regard to non-international armed conflicts. In any event, obligations on states under international human rights law, including the prohibition on arbitrary detention and fundamental elements of the right to fair trial, continue to apply in times of armed conflict.28

The threat of sporadic armed conflict between the forces of Puntland and Somaliland continues to impact the human rights of people throughout the area.

Due in large part to security concerns, most people in Sool and eastern Sanaag were not able to take part in two previous presidential and parliamentary elections in 2003 and 2005, respectively. Respect for the right to freedom of expression and to receive information of all kinds, which includes press freedom, in these areas will also be critical in the lead up to, during and following the scheduled 2009 elections.

6. Somaliland Under International Law

Somaliland’s highest policy priority is the pursuit of national self-determination.

It continues to seek international recognition of its self-declared independence, which to date has not been recognized by any other state. Amnesty International takes no position on states’ claims to international recognition, but seeks to ensure that governments which exercise de jure or de facto authority respect and protect human rights. However, it does acknowledge Somaliland as being governed by de facto29 state authorities, who have made the pursuit of national self-determination their highest policy priority.30 Amnesty International does not engage in this particular debate over Somaliland’s international status, but rather expresses concern about the respect and protection of human rights in Somaliland.

As the de facto authority, the Government of Somaliland has a responsibility to respect and protect human rights. Primary responsibility for the protection of human rights in Somaliland rests with the Government of Somaliland as established in its own Constitution, which provides, among other things, for the right to life and security of every person, freedom from torture and extrajudicial killings and mutilation as criminal offences (Article 24), and freedom of expression, freedom of peaceful assembly and press freedom (Article 32).

Article 21 states explicitly that the articles relating to fundamental rights and freedoms contained in the Constitution "shall be interpreted in a manner consistent with the international conventions on human rights… and that the legislative, executive and judicial branches of the state and the local government of the regions and the districts, at all levels, shall be bound by these provisions."

Furthermore, Article 10 states that "The Republic of Somaliland shall observe all treaties and agreements entered into by the former state of Somalia with foreign countries or corporations provided that these do not conflict with the interests and concerns of the Republic of Somaliland" and "the Republic of Somaliland recognises and shall act in conformity with the United Nations Charter and with international law, and shall respect the Universal Declaration of Human Rights."

Specifically, therefore, Somaliland has, in its Constitution, directly expressed its commitment to international human rights, humanitarian and refugee law. On the basis of its own Constitution, the Government of Somaliland is bound to these international laws, out of which specific obligations may arise. Specifically, the Government of Somaliland has directly expressed its commitment to all treaties ratified by Somalia prior to 1991, which include the International Covenant on Economic, Social and Cultural rights, the International Covenant on Civil and Political Rights (and Optional Protocol I which provides for individual petition to the UN Human Rights Committee), the Convention Related to the Status of Refugees, the Convention against Torture, and the African Charter on Human and Peoples’ Rights.

Beyond its own constitutional obligations, Somaliland is, like every other government entity, responsible for complying with universal norms of human rights in customary law as reflected in the Universal Declaration of Human Rights.31

With international attention focused on armed conflict in southern and central Somalia, Somaliland’s adherence to international human rights laws and norms has often escaped close international scrutiny. Moreover, its unrecognized status means that it has not been subject to the regular monitoring and reporting regimes established under the international human rights treaties.32

Notes

24 Article 3 common to the four Geneva Conventions of 1949. See also Jean-Marie Henckaerts and Louise Doswald-Beck, Customary International Humanitarian Law. Cambridge University Press, 2005, (ICRC Study), Rules 90-93.

25 ICRC Study, Rule 52, Rule 99.

26 Dulbahante people are traditionally nomadic. While their sub-clans in recent years have tended to divide over support for the governments of Somaliland and Puntland, they often maintain ties to the land and communities on both sides of the border.

27UN High Commissioner for Refugees, Handbook - Voluntary Repatriation: International Protection, 1 January 1996. http://www.unhcr.org/refworld/docid/3ae6b3510.html [accessed 18 February 2009], And Inter-Agency Standing Committee, Benchmarks for Durable Solutions for Internally Displaced Persons, March 2007 http://www.reliefweb.int/rw/lib.nsf/db900sid/AMMF-727CX9/$file/iasc-idp mar2007.pdf?openelement[accessed 18 Feb 2009]

28 "[T]he protection offered by human rights conventions does not cease in case of armed conflict, save through the effect of provisions for derogation of the kind to be found in Article 4 of the International Covenant on Civil and Political Rights." International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion of 9 July 2004, ICJ reports 2004. "[T]he Covenant applies also in situations of armed conflict to which the rules of international humanitarian law are applicable. While, in respect of certain Covenant rights, more specific rules of international humanitarian law may be especially relevant for the purposes of the interpretation of Covenant rights, both spheres of law are complementary, not mutually exclusive." Human Rights Committee, General Comment 31: The Nature of the General Legal Obligation Imposed on States Parties to the Covenant, para 11.

29 Somaliland has functioned under de facto authorities since its separation from Somalia in 1991, despite its lack of international (de jure) recognition, under a constitutional democracy to which standards it can be held.

30 According to United Nations resolutions and international covenants on human rights, "all peoples have the right of self-determination. By virtue of [that] right they freely determine their political status and freely pursue their economic, social and cultural development." Rooted in Chapters XI and XII of the United Nations Charter regarding non-self-governing territories, references to self-determination are included in numerous resolutions and declarations of the UN and other international bodies. The exact content of this right, and the means of its realization, however, are not clearly defined in international law.

The UN Declaration on Principles of International Law concerning Friendly Relations among States in accordance with the charter of the UN notes the establishment of an independent state as one of the means by which the right of self-determination can be implemented, while also asserting the principle of territorial integrity of states. The right of self-determination can also be implemented within an existing state framework, by means of political arrangements such as federal structures or various forms of political autonomy.

31 The norms affirmed in the UDHR have greatly contributed to the comprehensive compilation of legal principles and ideals of human rights. Its consistent citation and application as a source of international human rights norms before international and national tribunals is proof of this contribution.

Many states have incorporated or drawn on the UDHR as a model for their constitutional and other legislative acts. Many authorities have therefore concluded that the document contains, at least in part, norms of customary international law.

32 Somaliland Law at http://www.somalilandlaw.com/, accessed 18 February 2009,

Note
Picture: Crimes perpetrated at the times of Siad Barre cannot be utilized today either for imposing a tyranny or for promoting a secession. The only way to peace and success brings the Northern Somalis alongside with all the rest within a single Somali state, permanently predisposed against the evil and Anti-Somali practices of the racist and dictatorial administration of Abyssinia (Fake "Ethiopia"). Somalia will have ultimate peace only when the criminal and illegal state "Ethiopia" will be irrevocably broken down to pieces.