Thursday, March 21, 2013

Somalia, where a UN arms embargo failed



The Somali government soldiers wiggling their toes in their open-toed sandals were clearly committed, but it was hard not to feel concerned as they stood in the shade before leaving on a foot-patrol in Maslah north of Mogadishu.

This is the new frontline in the government's fight against al-Shabab rebels. Before we left, I asked how many of the 30 soldiers in the unit had more than one magazine of ammunition. They all shook their heads.

Then I asked how many of them had their magazine full to its capacity of 30 rounds. They all shook their heads again.

I set off with them through the dusty afternoon light, with a prickly sense of anxiety along the back of my neck. In an ambush, each magazine would last less than three seconds with their weapons on automatic fire.

Arms embargo

The Somali National Army's 4th Brigade is walking proof of the unintended consequences of a badly thought-out attempt to control the flow of arms and ammunition.

In 1992, after the Somali government collapsed and rival warlords began to tear the country apart, the United Nations imposed what was supposed to be a comprehensive arms embargo on the country. It was hoped that the embargo would choke off military supplies and bring the bloodletting to a halt.

More than 20 years of almost constant civil war later, it has become abundantly clear that the embargo catastrophically failed. In the later years of the war, when the rump of the government was struggling to hold the line against al-Shabab, the authorities repeatedly argued that the embargo only limited them from getting the tools they needed to defeat the rebels, without shutting down the black market for their enemies.

Of course there were legitimate reasons for keeping weapons out of the hands of the "government". In its early days, what passed as the national defence force usually looked and behaved more like just another militia than a legitimate, disciplined army. But the point remains: the embargo patently failed to shut down the illicit trade in arms and ammunition, particularly for rebel forces trying to seize control of the state. Weapons were freely available in Mogadishu's markets, and the conflict raged on for two decades.

In many ways, it is a sobering lesson for the negotiators now sitting in New York trying to reach agreement on a comprehensive Arms Trade Treaty.

Tight controls

As it stands, the treaty places trade in weapons themselves under encouragingly tight controls. (There are still loopholes that need to be addressed, though the talks seem to be moving in the right direction.)

But the treaty shunts ammunition and spare parts to an annex with far loser restrictions. If those restrictions continue to allow a black market to flourish, the treaty fails, especially in places like Somalia.

Here, the government estimates that there are four or five assault rifles to every household. If there production of AK-47s stopped today, there would still be more than enough of them to keep the conflict going for years.

But as the aid agency Oxfam rightly points out, an assault rifle without ammunition is just a heavy metal stick.

So, the lesson of Somalia for the ATT negotiators is that any agreement that fails to control every aspect of the arms trade including ammunition is a wasted opportunity.

The soldiers of the Somali army's 4th Division would prefer their enemies to have a tougher time getting rounds in their magazines than they do.


Gay Teen Stoned to Death in Somalia as Village Watched: Report


A gay man was allegedly stoned to death for being gay in Somalia, Identity Kenya reports:

According to Somali Gay Community, the young man, Mohamed Ali Baashi ,18, was buried in a hole up to his chest and then pelted with rocks by members of the Al Qaeda link group Al Shabaab on Friday, March 15, in Barawe, about 50 miles from the capital, Mogadishu.

The group, through its Facebook page, Somali Gay Community, posted three photos of alleging they were from the stoning.

However, Identity Kenya could not independently verify this claims or the alleged stoning and efforts to reach the group have not been successful.

The group said the young man was accused of sodomy and was stoned to death by Islamic rebels while horrified villagers were forced to watch.

According to the reports, a judge announced that Mohamed Baashi, along with a man who had been accused of murder, had both confessed to their crimes. The alleged murderer got a more merciful punishment. He was shot to death, the group said over the weekend.
One of the photos posted by the Somalian group is inset above. The other two are graphic.

UPDATE: At least one of the photos appear to be fake and from this incident in 2009.

Wednesday, March 20, 2013

Water scarcity affects Somaliland households


Livestock may trek longer to water points
HARGEISA, 19 March 2013 (IRIN) - Hundreds of households in the disputed Sool area of the self-declared republic of Somaliland are facing a water shortage following poor rains, say officials.

Both Somaliland and the self-declared autonomous region of Puntland claim the Sool and Sanaag regions.

"We believe an estimated 3,000 households are facing water shortages in [the] Sool Region," Mohamed Mousa Awale, chairman of Somaliland's National Environment Research and Disaster Preparedness and Management Authority (NERAD), told IRIN.

Awale added that some drought-affected rural families had migrated to neighbouring areas, such as Togdheer and Buhotle, which had received good 'Deyr' rains - the rains typical from October to December. Others moved further south in search water and pasture.

"But we are worried [about] the old people and the people who had no ability to move from the villages. [They] are in a serious situation and need water and food," he said.

Commenting on the number of those affected, Sool Deputy Governor Mohamed Abdi Dhimbil said, "There is no accurate estimation, but I can only tell that the water shortage has affected the whole region. The nearest water source is 94km away, inside Ethiopia, and we believe that about 200 pastoralist families [are in] search of water and pasture in Somalia's Mudug Region."

Increasing prices

The price of water in Las-Anod, Sool's capital, has sharply increased since mid-February. A 200L barrel of ‘durdur’, or spring water, now costs $1.50, up from to $1 a month ago. A barrel of rainwater from the ‘berkads’, or water pans, has risen from $2.48 to $5.

"The durdurs [springs] near Las-Anod have run out of water for the first time in history, and prices [have] increased," said Faisal Jama, a journalist based in Las-Anod.

"The water price increase has [a] negative impact [on] our livelihoods. If someone's income is $150 per month, he/she needs $45 for water compared, to $22.38 a month [ago], and the remaining [money] is not enough to cover his/her livelihood needs," said Mohamed ABdillahi, a father of five.

As the dry January-to-March ‘Jilaal’ season progresses, more water sources could be depleted, according to a post-Deyr outlook by the Food Security and Nutrition Analysis Unit (FSNAU).

"In the areas where the October-to-December Deyr 2012 rains were poor, including the Sool Plateau and parts of Nugal Valley, the dry January-to-March Jilaal will likely lead to rapid depletion of water resources, especially since many berkads did not get replenished during this Deyr. Long distances to water points for livestock are likely to be observed owing to more limited water access due to the high cost of water trucking," states the FSNAU report.

The situation there could worsen with associated declines in food security, adds FSNAU.

Some parts of Somaliland have started to receive some ‘Gu’ rains - the rains from March to May. But early forecasts by FSNAU indicate that the rains in Somalia will be normal to below normal in terms of total rainfall.

maj/aw/rz

VERY IMPORTANT ANNOUNCEMENT:OPENS APPLICATION PROCESS FOR FORENSIC FIELD SCHOOL SOMALILAND, MAY 2013 – APPLICATIONS UNTIL MARCH 30, 2013

Field School: Unearthing Evidence of Barre-era War Crimes in Somaliland
The Peruvian Forensic Anthropology Team (EPAF - epafperu.org), in partnership with the government of the self-declared Republic of Somaliland, completed the first phase of an international forensic training program in Hargeisa, Somaliland last October. The Center for Justice and Accountability (CJA - cja.org) is a proud sponsor of this program, which will help determine the universe of missing people through a systematic approach, ante mortem data collection and research of mass and clandestine graves.

EPAF is currently accepting applications and has extended the deadline to March 30, 2013. Program participants will have the opportunity to join the second phase of this project, which will run from May 5 to May 31, 2013.
Applicants from all disciplines are welcome: Participation in the field school represents a fundamental experience for anybody interested in post-conflict studies, peace studies, human rights, forensics, transitional justice, memory, gender, or any related subject.

From 1969 to 1991, president and military dictator Siad Barre oversaw a campaign of widespread atrocities that decimated Somali civil society. To quash separatist movements in the 1980s, the Somali Armed Forces targeted civilians in the northwest, modern-day Somaliland, culminating in the bloody 1988 siege of the regional capital Hargeisa, which claimed at least 5,000 civilian lives.

This past August, U.S. Federal Judge Leonie Brinkema awarded $21 million in compensatory and punitive damages against former Somali General Mohamed Ali Samantar for his role in the slaughter. This judgment marks the first time that any Somali government official has been held accountable for the atrocities perpetrated under that regime.

» To see a short film about the field school, including an interview with our client, Aziz Deria, click here.

» For more information and an application, click here.  If you have any questions regarding this field school, please email EPAF at: fieldschool@epafperu.org

About the Center for Justice and Accountability

The Center for Justice and Accountability is an international human rights organization dedicated to deterring torture and other severe human rights abuses around the world and advancing the rights of survivors to seek truth, justice and redress. CJA uses litigation to hold perpetrators individually accountable for human rights abuses, develop human rights law, and advance the rule of law in countries in transition from periods of abuse. 

About the Peruvian Forensic Anthropology Team

The Peruvian Forensic Anthropology Team (EPAF) is a non-profit organization that promotes the right to truth, justice, and guarantees of non-repetition in cases of forced disappearance and extrajudicial execution. EPAF seeks to contribute to the consolidation of peace and democracy where grave human rights violations have taken place by working alongside the families of the disappeared to find their loved ones, gain access to justice, and improve the conditions affecting their political and economic development

Monday, March 18, 2013

Somalia, newly recognized by US, seeks immunity for former minister Samantar in civil case





Article by: MATTHEW BARAKAT , Associated Press

McLEAN, Va. - Somalia's newly recognized government is asking the State Department to grant immunity to a former prime minister who was found responsible in a U.S. court for human-rights abuses.

The letter issued this week by the Federal Republic of Somalia's prime minister, Abdi Farah Shirdon, seeks immunity for Mohamed Ali Samantar, who now lives in Fairfax but was a top official in dictator Siad Barre's regime in the 1980s and early 1990s.

Last year, a federal judge in Alexandria awarded seven Somali victims a $21 million judgment against Samantar for orchestrating a campaign of torture and killings against members of the Isaaq clan. Samantar fought the case for years, arguing that U.S. courts had no right to pass judgment on internal Somali affairs. On the eve of trial, he declared bankruptcy and entered a default judgment while continuing to pursue his immunity claim in an appeals court. While he accepted legal liability for the killings, he denied wrongdoing.

At the time, Samantar was denied immunity in large part because there was no functioning government to claim immunity on his behalf. After Barre's regime collapsed in 1991 the country lacked a true central government for more than 20 years. But in January, the U.S. formally recognized the new Somali government.

Samantar's attorney, Joseph Peter Drennan, said he expects the U.S. to honor Somalia's request and the case to be dismissed. The 4th U.S. Circuit of Appeals rejected an appeal filed by Samantar last year, but Drennan said Friday he will file papers with the U.S. Supreme Court on Monday to have the case tossed out.

"We fully expect the U.S. will honor this request for immunity," Drennan said. "To do otherwise would represent an affront to the government of Somalia."

State Department press officers did not respond to questions about the case Friday.

The fact that the Somali prime minister, who was himself an official in the Barre regime, requested the immunity so soon after receiving U.S. recognition reflects the importance of the case to the Somali government, Drennan said. He said the new government is seeking to move beyond the old score-settling of clan-based grievances, and lawsuits like the one brought in Virginia by members of the Isaaq clan "represent a threat to efforts to promote peace and reconciliation."

Kathy Roberts, a lawyer for the San Francisco-based Center for Justice and Accountability, said Somalia's immunity request for Samantar is disappointing.

"In his meeting with Secretary of State Clinton in January, (Somali) President (Hassan Sheikh Mohamoud) made a commitment to restore faith in governance and the rule of law. Embracing impunity for war criminals is a disappointing beginning," she said in a statement.

The Somali prime minister's request for immunity for Samantar goes to the State Department. If the State Department decides to honor it, it would be up to a court to dismiss the case.

In rejecting Samantar's immunity claim last year, the appeals court said the executive branch's recommendation is a big factor in determining immunity, but not the only one. It also said abuses such as torture and extrajudicial killings, like those Samantar was accused of, may never be eligible for protection.

The case against Samantar was initially filed in 2004 and has already been heard once by the U.S. Supreme Court. Initially the district court judge granted immunity to Samantar but the Supreme Court reinstated the case.

Breaking News: Former Guatemala dictator faces historic genocide trial

Former military strongman Efrain Rios Montt, President of Guatemala
Over 600 massacres. Forced disappearances. Acts of genocide against indigenous communities. These are the crimes the UN has documented that took place during the civil war in Guatemala.
This is the first time a former head of state has faced genocide charges before a national court. It’s a significant step forward for efforts to ensure accountability for the gravest human rights abuses.
Former head of military intelligence of Guatelama, José Mauricio Rodriguez
This Tuesday, March 19, sees the scheduled start date for the oral phase of the trial on charges of genocide and crimes against humanity against Rios Montt and Rodriguez Sanchez. They are accused of being the intellectual authors of the assassination of 1,771 indigenous Mayans of Ixil ethnicity in the Quiche Department, the forced displacement of 29,000, and sexual violations and torture, in massacres and violations perpetrated by the Guatemalan military during Rios Montt’s 17-month rule between 1982 and 1983.

The trial is due to commence at 8:30 am local time at the Supreme Court (Corte Suprema de Justicia). It will be held before a three-judge panel of the First High-Risk Tribunal A (Tribunal Primero A de Mayor Riesgo). Judge Yazmin Barrios, the President of the High-Risk Tribunal, will be the chief judge on the panel, along with Judges Patricia Bustamante and Pablo Xitumul.

The trial is scheduled to last at least 6 weeks.

The trial date is confirmed for Tuesday, March 19, but had been uncertain, and changed, in recent weeks. On February 7, the trial date was initially set for August 14, only to be advanced from August to March 19 two weeks later, on February 20. Further, on Saturday, March 9, it was widely reported that an appellate court suspended the start date of the trial. On March 11, the civil parties clarified that the trial date remained unchanged from March 19, and that the appellate court had suspended only a separate February 4 decision by Judge Angel Galvez, the judge overseeing a preliminary phase of the trial.

Also, on March 12, the Constitutional Court resolved a long-pending amparo appeal filed by the defense concerning the applicability of a 1986 amnesty issued by General Mejia Victores, Rios Montt’s successor as de facto president. The Constitutional Court ruled that the amparo was unfounded.

This historic trial results from complaints made more than a decade ago in 2000 and 2001. Various factors impeded or delayed the process for nearly a decade, a period in which there were virtually no prosecutions initiated in connection with the internal armed conflict, despite thousands of legal complaints pending or filed.

The trial has advanced in the last two years, and in particular in the last year after Rios Montt stepped down from Congress and lost his legal immunity from prosecution. In January 2011, Judge Patricia Flores, a trial court judge overseeing some of the preliminary matters in the case, ordered Rodriguez Sanchez to prison pending the prosecution. Rios Montt was a sitting legislator at this time, but when his term ended in January 2012, he also was formally accused by Judge Flores and placed under house arrest.

In the last year, the defense filed scores of amparo challenges which delayed further steps in the trial. With some of the amparo challenges still outstanding—including the aforementioned appeal to the Constitutional Court with regard to the 1986 Mejia Victores amnesty—Judge Galvez determined on January 28 that there is a prima facie case sufficient to justify a trial and ordered that a trial date be set.

On February 4, Judge Galvez ruled on the admissibility of evidence for the parties. This February 4 decision accepted all of the prosecution witnesses, experts and documentary evidence, and denied the defense various of their proposed experts, reports and documents on the ground that they were submitted out of time or in violation of certain procedural obligations. The defense challenged the rejection of some of their proposed experts and evidence, and on March 9, an appellate court granted a provisional amparo on the issue of the admissibility of the proposed defense witnesses, experts and evidence. This issue remains unresolved.

The defense continues to state that the trial cannot start on Tuesday, and that they intend to challenge the opening of the oral phase.

President Otto Perez Molina also spoke about the upcoming trial on March 13, after having remained silent on various aspects of it for months. He stated: “In Guatemala, there was no genocide,” and that he “personally never received a document to go to massacre or kill a population.”

Thanks for reading, 
Follow trial updates on Twitter: @RiosMonttTrial

P.S. Spread the word about this historic event by sharing this message on your social media doors/windows

WAR DEGDEG AH: Qarax Xoogan oo Imika Gilgilay Magaalada Muqdisho


Wararka iminka inaga soo gaaraya degmada Xamarweyne ee magaalada Muqdisho ayaa sheegaya in qarax xoogan uu halkaasi ka dhacay kaasi oo geystay dhimashada dad lagu qiyaasay in ay 20 kor usii dhaafayaan iyo dhaawac intaa ka sii badan.

Qaraxaan Khasaaraha badan geystay ayaa ka dhacay ka soo horjeeda Ex Fiyoore waxaana qaraxaasi uu ahaa gawaari laga soo buuxiyay waxyaabaha qarxa uu saarnaa nin naftii haliga ah waxaana qaraxaasi dadkii ku geeriyooday ay ahaayeen arday iyo shacab badan.

Waxaa daadsan goobta uu qaraxu ka dhacay Meydad badan iyo dhaawacyo waxaa sidoo kale ku bur buray gawaari aad u fara badan iyadoona iminka goobta buux dhaafiyeen ciidamo katirsan Dowlada iyo AMISOM iyadoona dadka gurmad loo fidinayo.

Gawaarida Ampalaasta ah ayaa daad gureenaya dhaawacyada iyo dadka ku dhintay Qaraxan daqiiqado yar hor ka dhacay Degmada Xamar Weyne iyadoona lasoo sheegayo in qasaaraha qaraxan ismiidaaminta ah ka dhashay iuu sii kordhayo daqiiqadba daqiiqada ka dambeysa

Dadkii saarnaa gaariga BL-ka ah ayaa la sheegay in intoodii badneyd ay ka soo gaartay dhimasho iyo dhaawac waxaana mudo ku dhow saacad ay ku dhex jireen gaarigaan oo si xun u holcaya iyadoona markii damabe ay soo gaareen gawarida dab damiska oo sidaasi loo baqtiyay.

Gawaarida Ambulaasta ee xaalada deg dega ayaa wali ku howlan daabulida dadkii ku waxyeeloobay qaraxii xooganaa ee ka dhacay degmada Xamarweyne ee magaalada Muqdisho iyadoona dadkii ku geeriyooday qaraxaasi lagu qiyaasay 20 ruux halka dhaawacana uu intaa ka sii badan yahay.

Hadaba wixii war ah ee ku soo kordhaa qaraxaasi dib baanu idiinka soo gudbin doonaa. 

Sunday, March 17, 2013

International community meets to discuss progress in Somalia

News story 

Representatives from the international community met with the Somali Federal Government yesterday in Mogadishu to discuss progress in Somalia. 

Co-chairmen’s statement by Foreign Office Director Africa, Nick Kay, and the Federal Government of Somalia’s Chief of Policy Unit, Haji Awais.

On 14 March, representatives from international community met in Mogadishu with the Federal Government of Somalia to discuss recent progress. The Deputy Prime Minister and Minister of Foreign Affairs, Fawzia Yusuf H. Adam, opened the meeting and set out the Government’s political, security, justice and Public Financial Management reforms. The Federal Government of Somalia delivered presentations on the development of the armed and police forces, the justice sector and the political process. Representatives from the international community welcomed the presentations, and reiterated their support for the Federal Government of Somalia.
The Federal Government of Somalia and representatives from the international community noted the upcoming Somalia Conference in London on 7 May which will demonstrate the strength in relations between the international community and Somalia. The Conference, co-hosted by British Prime Minister David Cameron and Somalia President Hassan Sheikh Mohamud, will provide co-ordinated international support for the Federal Government of Somalia’s priorities, focusing on: improving security; increasing access to justice; setting up public financial management systems and political progress.

Further Information

Read more about the international conference on Somalia on 7 May
British Office for Somalia website

 

Somalia: Cache of Weapons Stolen From Somali Presidential Palace



Mogadishu (Sh.M.Network) Shabelle Media Network has learnt from credible sources that cache of weapons were systematically being stolen from army stores inside Villa Somalia, which also houses the residence of the Somali president Hassan Shiekh Mohamud, before it was discovered last night.

Different but reliable sources, who spoke to Shabelle, say that security guards at the place seized at least 11 mortar rounds which, unnamed people were trying to smuggle out of the palace and after a quick internal investigation, it was discovered that a large of weapons were also missing from the storages of the palace and it is now believed that this kind of smuggling had been going on before it was only discovered last night.

It is now confirmed to Shabelle that a captain is now detained for the stolen weapons. Shabelle tried to contact top government officials to find more details and a top defence official told Shabelle that he could not say other than that an investigation was underway and that they are waiting the ongoing investigation before they can speak to the media.

President Hassan Shiekh Mohamud is reported to have visited the stores where the weapons were stolen and he learnt that large number of weapons was missing.

If this is confirmed officially, it will surely be both embarrassment and anxiety to the government because the only group that wants to buy weapons is the same enemy that the government is fighting and it is Al shabab.

Meanwhile it will also come up with bad implications over the recent step which the UN security has suspended the arms embargo on Somalia after the Somali government asked that so it could equip its national army.