Human Rights Brief: Women in Somalia

 

GLOSSARY

ICRC       International Committee of the Red Cross

SNA       Somali National Alliance

SNM       Somali National Movement

SSDF      Somali Socialist Democratic Front

SWDO   Somali Women's Democratic Organization

UNDP     United Nations Development Program

UNHCR  United Nations High Commission on Refugees

UNITAF                Unified Task Force

UNOSOM              United Nations Operations in Somalia

USC        United Somali Congress

USCR     United States Committee for Refugees

1.               INTRODUCTION

The civil war that began with the ousting of Mohammed Siad Barre in January 1991, continues in pockets of the country despite international intervention in 1993. In a radio interview in September 1993, a representative of World Vision Australia (an international NGO) stated that most of the country, excluding Mogadishu, is now relatively peaceful (NPR 10 Sept. 1993). Recent articles note that the famine seems to be over and the fighting minimal, except in Mogadishu, although the recovery and rebuilding is only beginning (ibid.; The Ottawa Citizen 13 Sept. 1993). In the self-proclaimed but unrecognized Republic of Somaliland (Northern Somalia), a de facto government has been in place for about two years.

While the conflict has taken its toll on all Somali citizens, women are said to bear a disproportionate burden of its effects (Shire 1993, 70). Women have been subjected to violence based on their gender, and rape is frequent in Somalia and in the refugee camps to which the victims of war flee (The Ottawa Citizen 13 Sept. 1993; Calgary Herald 13 Sept. 1993).

The situation of women in areas of armed conflict, as well as the role of women in Somali society, are issues that have drawn the attention of human rights groups and Somali analysts. However, there is a paucity of information on issues affecting women, such as rape, domestic violence and legal avenues of redress available to victims of violence. Currently there are various international human rights and medical groups working in Somalia, but they are difficult to contact.

2.       THE LEGAL STATUS OF WOMEN

2.1      Constitutional and International Instruments

In 1979 the ruling Somali Democratic Republic adopted a new constitution, officially establishing a one-party socialist state (Ganzglass Nov. 1981, 1-2). While a number of articles in the constitution provide guarantees of social, cultural and political rights, including equality of the sexes (ibid.), human rights monitors have periodically reported that guarantees of constitutional rights have not been enforced (Amnesty International 1988, 3; Africa Watch 12 Sept. 1990, 5; Aden 20 Nov. 1993).

The war has also had an effect on legal rights, including the rights of women. The lack of central government or authority means there is no mechanism in place to deal with the enforcement of basic laws or violations of rights (Country Reports 1992 1993, 236; Country Reports 1993 1994, 258-59). According to Dr. Safia Shire, a former diplomat with the Somali Ministry of Foreign Affairs, "when the slow disintegration of [Somali] society and institutions as well as the destruction and violence started, the rights of Somali women began eroding, and they became a voiceless group" (Shire 1993, 71).

The BBC reports that a draft interim constitution was recently prepared by a committee formed by the March 1993 national reconciliation agreement, with cooperation from United Nations Operations in Somalia (UNOSOM). The draft includes a section dealing with human rights, as well as a commitment to free market economic policy and a two-year UNOSOM presence (BBC Summary 13 Nov. 1993). However, information on implementation of the draft is not available.

As of January 1993, Somalia had not signed the Convention on the Elimination of Discrimination against Women or any of the other major international conventions with respect to women and women's rights. However, it is a signatory to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, both of which were signed in 1990, as well as the African Charter on Human and People's Rights (Human Rights Law Journal Jan. 1993, 62-63).

2.2            Family Law of 1975 and Muslim Family Law

Siad Barre's government claimed to have brought about great improvements in the laws governing the situation of women in Somalia (Laitin and Samatar 1987, 87). In his 1988 study of Somalia, Ahmed Samatar stated that "women's rights have received more attention under the military regime than at any other time in modern Somali history" (Samatar 1988, 106). However, Dr. Lula Hussein, a Somali physician, believes these innovations merely pay "lip service" to the idea of equality, and that no real gains were made (Hussein 1 Nov. 1993). Professor I.M. Lewis, a British social anthropologist who has written extensively on Somalia, believes these innovations to be "tokenism" (Lewis 22 Apr. 1994). The Family Law of 1975 gave women equal rights in property, inheritance and divorce, and abolished the practices of diya payment (see subsection 3.1) and polygamy, except in certain circumstances (Samatar 1988, 107; Nelson 1981, 99). However, implementation and the change of legislation were met with social resistance, including protests by the Islamic orthodoxy (ibid.; Laitin and Samatar 1987, 24).

According to one analyst, the Family Law of 1975 had a minimal impact on women's rights (Aden 20 Nov. 1993). Somalis often did not put the new provisions to the test, especially in the field of education (Laitin and Samatar 1987, 87). A largely rural population made difficult the dissemination of information and government attempts to educate the population about the law (Samatar 1988, 103).

Another fact that may have minimized the impact of the Family Law is that the majority of marriages in Somalia take place under Muslim law, the Sharia (Women's Movements of the World 1988, 238), as 98 per cent of Somalis are Muslim. The provisions for polygamy, divorce and inheritance are much different under Muslim law, and in some respects contradict the provisions of secular Family Law. Muslim law permits polygamy, and according to the Women's International Network, polygamy is the rule rather than the exception (Women's International Network 3 Dec. 1992; Shire 21 June 1990; Samatar 1988, 107). Asha Samad, assistant professor of African studies and director of women's studies at City College in New York, believes polygamy is increasing because so many men have been killed in the war (Samad 27 Oct. 1993).

The Family Law of 1975 gave women equal rights to divorce. Under Muslim law, however, divorce may be granted to a man upon application to the court, but a woman must also have her husband's consent (Hussein 1 Nov. 1993). Although a woman may apply to the court to contest a refusal, most women do not (Aden 20 Nov. 1993). Upon divorce the husband must repay the wife the amount of the meher, or negotiated wealth (ibid.). [ The content of the meher, the marriage settlement, is agreed upon by the couple before they marry. Traditionally, the meher included camels or furniture, but now often includes jewellery and money, although the sums are generally not substantial. The meher should not be confused with the sum paid by the bridegroom's family to the bride's family, at least part of which is often returned to the couple to help them start their life together (Lewis 22 Apr. 1994).] Although children normally remain with their mother until age 15, a woman divorced by her husband may lose custody rights as the children are considered to belong to the father (ibid.; Osman 21 Apr. 1994). Divorce is said to be relatively common (Shire 21 June 1990; Aden 20 Nov. 1993; WIN News Autumn 1990, 51). An article on Somali women states that when a woman is divorced or widowed, her father, brother or next of kin takes the role of protector of the woman and her children, unless she remarries (INSCAN Nov. 1992, 1). Hibaaq Osman, director of the Women's Programme of the Fund for Peace in Washington, DC, states that a woman who divorces her husband without his consent is considered a social outcast, although this situation has improved in recent years for educated urban women, at least (Osman 21 Apr. 1994). Professor Samad states that a divorced Somali woman is treated very poorly (Human Rights Tribune Nov. 1993, 26).

It is unlikely in rural areas that a woman will own valuable livestock (Lewis 22 Apr. 1994; Aden 20 Nov. 1993), therefore any livestock in her keeping must be returned to her husband upon divorce. Especially in urban areas women are beginning to have careers and earn their own money (Hussein 1 Nov. 1993; Lewis 22 Apr. 1994).

In contrast to the Family Law of 1975, which permitted women to inherit equally with men, Muslim law states that women inherit one half of what men inherit (Samatar 1988, 107; Aden 20 Nov. 1993). An exception is found among the Mijertein, a sub-clan of Darod, where women share equally in the patrimony (Lewis 1969, 128).

2.3      Penal Code, Police Force and Judicial Recourse

Information on the current application of the penal code and the availability of recourse to the police or judiciary is limited, [ For a detailed report on the attempt to re-establish the police forces and courts in certain areas, see Martin Ganzglass, "Evaluation of the Judicial, Legal and Penal Systems of Somalia, April 8-22, 1993." ] and most information is general rather than specific to women. One of the priorities of the 1993 American intervention in Somalia was restoration of the police force and court system (Los Angeles Times 1 May 1993). Several sources report that there have been signs that the situation is improving; in some areas, especially outside of Mogadishu (Country Reports 1993 1994, 259) and in the south of the country (NPR 10 Sept. 1993), courts are being re-established, police forces are being restarted and some prisons have been reopened (ibid.). The Dallas Morning News reports that even in Mogadishu, an "embryonic" police force is in place, supplied and trained by the United Nations (The Dallas Morning News26 Mar. 1994). According to a National Public Radio report, the UN has rehired 5,000 of the 20,000 policemen employed before the war, and has opened 15 police stations in Mogadishu. The police are using the old criminal code that was in force before the war (NPR 29 June 1993). In Northern Somalia, the Somaliland government has also implemented a civilian police force (The Guardian 15 Oct. 1993). A functioning judiciary exists in Northern Somalia, although the UN was not intimately involved in establishing it (ibid.; Aden 20 Nov. 1993). In some parts of Somalia courts have been set up (Los Angeles Times 1 May 1993; AFP 15 Nov. 1993; Country Reports 1993 1994, 259); the UN has been acting as a judiciary, although some sources say is not readily accepted by the Somali people (BBC Summary 19 May 1993; Aden 20 Nov. 1993). Somalis often prefer to seek recourse through their clan elders [ Middle East Report describes inter-clan reconciliation as a process where "things are worked out in groups. People have time to voice their grievances and then come to consensus" (Mar.-Apr. 1993, 41).] (ibid.; The Boston Globe 27 June 1993; AP 1 Jan. 1994) or Muslim clergymen (ibid.), who sometimes apply Sharia law (Reuters 26 Mar. 1994). The Nation reports that "contrary to its caricature in the media, Somali society does have traditional vehicles for resolving conflicts..." (The Nation 8 Feb. 1993).

In Northern Somalia (Somaliland), the interim group leading the self-proclaimed Republic of Somaliland, the Somali National Movement (SNM), was said to have adopted Sharia law, although the implications of this move were unknown (Country Reports 1992 1993, 236). According to an Amnesty International report of early 1993, however, the SNM enforced Islamic law and women were "whipped for contravening strict Islamic clothing rules, for selling alcohol and for sexual offenses" (Amnesty International 30 Apr. 1993, 6). In early January 1993 in Hargeisa, Northern Somalia, five women were reportedly stoned to death for adultery or prostitution (Middle East Report Mar.-Apr. 1993, 42). Arrested by an Islamic group, the women were taken into police custody and tried by an informal religious court at which they had no legal representation or right of appeal. Convicted under Islamic provisions, the women were buried in holes up to their necks and stoned to death by the group that arrested them. While no officials intervened at the time, the SNM later arrested those involved in the stoning. Amnesty International reports that there was some popular support for the release of the arrested religious leaders (Amnesty International 30 Apr. 1993, 6). The New York Times reports that another woman who was arrested could face the death penalty for prostitution, because she was given a ride by a French soldier. She was kicked and beaten in the street (The New York Times 16 Dec. 1992). In the southern town of Kismayu, military leader Omar Jess is said to have ordered that any woman seen entering or leaving foreign military barracks should be shot on sight (The Independent 5 Jan. 1993). More recently it was reported that the present government of Northern Somalia (Somaliland) reinstated the 1962 penal code, with a few alterations to appease Muslim leaders (The Guardian 15 Oct. 1993).

3.   SOCIO-ECONOMIC STATUS AND CULTURAL STATUS

[ Further information on socio-economic and cultural practices in Somalia is available at Regional Documentation Centres.]

3.1 Clan System

Approximately 75 per cent of the population of Somalia is rural or nomadic (Amnesty International 1988, 5; UNDP 1993, 159). This population is said to be more traditional than the urban population, although some traditions remain part of urban society (Samad 27 Oct. 1993).

Somali society revolves around the clan structure; every Somali belongs to one of six basic clans--Darod, Hawiye, Issaq, Dir, Rahanwayn and Digil, the last two being primarily agricultural--and to various sub-clans (Minority Rights Group 1991, 12). Country Reports 1993 notes that with the social breakdown and pressures caused by the civil war, clan loyalties have grown even stronger Country Reports 1993 1994, 263).

Clan lines are patrilineal, meaning that a woman's clan is determined by that of her father. A woman's social position is defined by her father's position and later by that of her husband (Minority Rights Group 1991, 12). When she marries she does not take her husband's name or clan, but her children will belong to her husband's clan (ibid.).

The clan into which a woman is born has certain obligations toward her, including a degree of responsibility for her well-being (Lewis 22 Apr. 1994). She is under its protection (Nelson 1981, 99; Aden 20 Nov. 1993), a duty often shared with her husband's clan (Lewis 22 Apr. 1994). However, Osman notes that at times clan or family protection is unavailable or minimal (Osman 21 Apr. 1994). If a woman is discovered to have committed adultery, "nothing will protect her." Neither her own nor her husband's clan will offer protection, as she has brought shame on the family. An adulterous man, however, does not face the same social rejection (ibid.). Osman also states that if a woman wishes to divorce her husband and he does not agree, she becomes nashiz, and "no one wants to come near her" (ibid.). Nevertheless, this situation has improved for urban women in recent years (ibid.). According to Osman, if a widowed woman refuses to marry her late husband's brother or nearest male relative, a common practice known as the levirate system, she will be shunned (ibid.). However, Lewis states that a woman is not forced to so marry and is free to refuse (Lewis 22 Apr. 1994). Both Osman and Aden agree that the traditional structures providing protection for women have broken down with the war (Osman 21 Apr. 1994; Aden 20 Nov. 1993).

According to the Minority Rights Group, the clan system "lacks individual culpability" (Minority Rights Group 1991, 13). For example, the traditional practice of diya payment, or blood money, was outlawed in 1975 but still continues. Diya is paid when a member of one clan suffers an injury or is killed by a member of another clan. The members of that clan can demand compensation from the entire clan to which the offender belongs. The price is negotiated by a group of male elders. In cases of death or injury to a woman, the compensation is one-half that paid for a similar injury to a man, and the compensation is paid to her father's clan (ibid., 12; Lewis 1988, 8).

Professor Lewis notes that Somali customs are inextricably interwoven with Islamic traditions (ibid., 16; also see Minority Rights Group 1991, 10). Islam in Somalia is said to be tempered by the harsh exigencies of nomadic life; for example, Somali women are neither veiled nor secluded (Minority Rights Group 1991, 10; Shire 21 June 1990). Some believe that the present crisis in Somalia has led to a more orthodox practice of Islam, especially in the north of the country, which may require that women be veiled and be less active in public (Samad 27 Oct. 1993; Hussein 1 Nov. 1993). One academic notes that although the official religion of the Somaliland Republic is Islam, it is not an Islamic republic, as was the case in Somalia during Barre's regime (Aden 20 Nov. 1993).

3.2      The Role of Women

Sources including the Minority Rights Group indicate that men and women in rural areas tend to lead separate lives at the social level, although they do interact in their outdoor activities (Minority Rights Group 1991, 10; Shire 21 June 1990). One Somali academic notes that women and men interact freely in the marketplace and that women travel freely among men and on their own (Aden 20 Nov. 1993; also Lewis 22 Apr. 1994). Interaction is verbal, however; unmarried men and women, especially the young, are not permitted to have any physical contact (Shire 21 June 1990). Somali society places a high value on chastity and an unchaste girl is not considered marriageable (ibid.; African Rights Sept. 1993, 13).

The legal age of marriage for women is 18 years and over (United Nations 1990, 105). The average age of first marriage between 1980 and 1985 was 20.1 years (UNDP 1993, 151). Rural agricultural women tend to marry earlier than urban women, generally between the ages of 15 and 18 (Hussein 1 Nov. 1993; Aden 20 Nov. 1993). Nomadic women tend to marry somewhat later (ibid.). Early marriage among women in rural areas may be detrimental to their health and education, as once married they are more likely to start bearing children at an early age. They are also unlikely to leave the village to be further educated (Hussein 1 Nov. 1993). Some marriages are arranged by the parents, and most marriages entail complex financial negotiations between families and sometimes clans (Aden 20 Nov. 1993).

Country Reports 1993 states that "women are harshly subordinated in Somali society. Somali culture is overwhelmingly restrictive and patriarchal" (Country Reports 1993 1994, 263). The Somali woman's role is to take care of the home and family (ibid.; Mondes en développement 1989, 85). In particular, she is responsible for the care and raising of the children (Hussein 1 Nov. 1993). Rural women are also usually responsible for keeping smaller species of livestock such as goats and sheep (Aden 20 Nov. 1993). The care of the larger animals is left to the men (Lewis 1969, 128). Several sources note that although in public and in the formal structures of society Somali women appear to have minimal influence, they do have considerable influence in the private realm, such as running the household and advising their husbands on a number of issues (ibid., 128; Hussein 1 Nov. 1993; Lewis 22 Apr. 1994).

According to Shire, in traditional Somali culture the best parts of the food are saved for the men (Shire 21 June 1990); however, as Hussein indicates, there is some debate as to whether this is the case or whether women just eat separately from men (Hussein 1 Nov. 1993). Such a practice may encourage malnutrition in women, especially when food supplies are minimal or during pregnancy, when a woman's nutritional needs are higher (Working with Refugee Women Sept. 1989).

In 1991 a Somali woman on average had seven children, a rate which has not declined since 1980 (UNICEF 1993, 32, 34). In 1991 the country also had the third highest maternal mortality rate, with 1,100 deaths per 100,000 births (ibid., 38-39). The United Nations Development Program (UNDP) reported a lower rate of maternal mortality for 1988, some 900 deaths per 100,000 births (UNDP 1993, 151).

3.3         Education, Political Life and Employment

Although eight years of schooling is compulsory (The New York Times 14 Jan. 1993; Aden 20 Nov. 1993), it is estimated that 96 per cent of women in Somalia cannot read, that girls receive about one-third of the schooling of boys (Country Reports 1991 1992, 350; UNDP 1993, 153) and that female literacy is 39 per cent of male literacy (ibid.). As of 1988, reportedly little had been done to improve the divergence in education between the sexes (Samatar 1988, 107).

Women have had the right to vote in Somalia since 1958 in the south, and since 1961 in the north (Women's Movements of the World 1988, 238; Nelson 1981, 99). However, they cannot take part in the tribal or section assembly of elders, which is the clan decision-making process (Lewis 1969, 128; Shire 21 June 1990). According to two sources, some clans would never accept being represented by a woman, as the councils of elders are made up only of men (Hussein 1 Nov. 1993; Aden 20 Nov. 1993). After the 1984 election, women held 25 of 177 seats in the People's National Assembly, the Somali parliament, but as of December 1987 all members of the Council of Ministers, the executive branch of government, were men (Women's Movements of the World 1988, 238). The UNDP reports that the participation rate of women in parliament in 1990 was four per cent of the male rate (UNDP 1993, 145), and Country Reports 1992 states that in 1992 women's involvement in politics was minimal (Country Reports 1992 1993, 239).

According to Country Reports 1992, women have been subject to discrimination in work and family matters (ibid.). In rural and agricultural societies, women do much of the work but receive little recognition (Shire 21 June 1990; The Dallas Morning News 8 Mar. 1993). Somali women have recently begun to market agricultural products (Aden 20 Nov. 1993). One source reports that there is a parallel women's economy where women trade "women's items" (Samad 27 Oct. 1993). The UNDP states that women formed 39 per cent of the workforce in 1990 (UNDP 1993, 151).

For educated urban Somali women, who represent a small percentage of the population, employment opportunities and freedom of choice in marriage were said to have improved with Barre's government (Shire 21 June 1990, 3, 4). They enrolled in higher education, became teachers and professionals and became an important part of the intellectual community (ibid., 4; ibid. 1993, 71). The increase in women professionals is fairly recent, although there have been women physicians in Somalia for some time (Samad 27 Oct. 1993; Hussein 1 Nov. 1993). Less educated urban women remain dependant on the male household members and only work outside the home if economic circumstances so dictate; most Somali men consider it a failing on their part if their wife has to work (Shire 21 June 1990, 4).

3.4             Impact of War on Women

The civil war in Somalia has taken a toll on the entire population, but it is said to be having the greatest impact on women and children:

[T]he tragedy of the current destruction and violence in our country has been levelled disproportionately against the Somali women. It is not surprising that this is so, given that women have, for a long time, occupied a marginalized and powerless position in our society (Shire 1993, 70; see also Country Reports 1993 1994, 263).

The war has been tearing apart social and family life and women are often caught in the middle, trying to keep their families together (Country Reports 1993 1994, 263; Horn Reports 25 Jan. 1993, 9; Samad 27 Oct. 1993; The Washington Post 18 Feb. 1993).

Somali families traditionally have been headed by men. A family without a man to lead it was unknown before the war (Samad 27 Oct. 1993). The majority of the 30,000 people reported by the International Centre of the Red Cross (ICRC) to have been killed in fighting in five months are men (Africa Watch 26 Mar. 1992, 6). Women are generally more involved in support services than in the fighting itself (Samad 27 Oct. 1993; Orbinski 1 Nov. 1993). It is not known whether women are conscripted into the forces, although military service is supposed to apply to women between the ages of 18 and 30 (Amnesty International 1988, 16). The deaths of men have left many women to head their families (Horn Reports 25 Jan. 1993, 9), a role to which most are unaccustomed (Hussein 1 Nov. 1993; Samad 27 Oct. 1993; The Washington Post 18 Feb. 1993). As noted previously (section 3.1), although women traditionally have been protected by the men in their own and their husband's clans (Lewis 22 Apr. 1994), these structures of protection have broken down with the war (Osman 21 Apr. 1994; Aden 20 Nov. 1993).

Inter-clan marriages, sometimes arranged for peace-keeping reasons (ibid.; Middle East Report Mar.-Apr. 1993, 39), can become a source of tension among families; according to one source, "during the civil war, [women] must choose between the clan of birth and the clan of husband and children" (Human Rights Tribune Nov. 1993, 24). Hussein states that while inter-clan marriages were quite prevalent before the war, families and clans now have second thoughts before agreeing to such a union (Hussein 1 Nov. 1993).

The majority of deaths due to the famine in late 1992 were women and children (Country Reports 1992 1993, 235). Country Reports 1992 reports that in 1992, an estimated 3,000 people died every day from starvation and hunger-related diseases (ibid.). Several sources report that the severity of the famine has abated, although pockets of disease and malnutrition linger (African Rights May 1993, 8-10; The Ottawa Citizen 13 Sept. 1993; UNHCR Oct. 1993, 3). According to the UNHCR, "this year's harvest looks promising" (ibid., 4).

In addition to the stress of protecting themselves and their children, health problems specific to women include anaemia and protein deficiency, which have been the major causes of health breakdowns in women (Gutale 1993, 75). According to African Rights, there has also been a rise in reported gynaecological problems, caused mostly by malnutrition, trauma and displacement. Gynaecological services, along with other specialized services, are non-existent (African Rights May 1993, 15; Orbinski 1 Nov. 1993). The lack of health care facilities makes a woman's task of caring for her children difficult, especially for displaced women, who lack the support of their extended families (ibid.).

Health facilities in Somalia have been rudimentary in recent years; hospitals have been destroyed, supplies are practically non-existent and medical personnel have fled. According to Dr. James Orbinski, a physician with Médecins Sans Frontières (MSF) who worked in Somalia from September 1992 to January 1993, whatever facilities existed, focused on basics such as emergency primary health care, emergency surgery and trauma management (ibid.).

4.   AREAS OF CONCERN

4.1            Domestic Violence

Information concerning domestic violence in Somalia is not readily available. Both Dr. Hussein and Professor Samad agree, however, that domestic violence likely would not be discussed openly (Hussein 1 Nov. 1993; Samad 27 Oct. 1993). Two analysts note that the tradition of a woman's extended family protecting her means that if there were domestic disputes, her husband may be taken to task by the male members of her family (Lewis 22 Apr. 1994; Aden 20 Nov. 1993). Osman points out that a woman who does not have the support of an influential family is more likely to be abused (Osman21 Apr. 1994). There is no tradition of shelters for women who suffer abuse at home, recourse generally being obtained through the family (Hussein 1 Nov. 1993).

Two sources note that the lack of alcohol in the Muslim community and the protection that a family affords a daughter after marriage, helps reduce or shield women from domestic violence. However, "there are suggestions ... of these constraints breaking down under the strains of civil war, anarchy, and urban life" (Country Reports 1991 1992, 350; Aden 20 Nov. 1993).

According to Professor Samad, different types and degrees of "domestic discipline" have always been used in Somali society, with the nomadic population usually exercising it to a greater degree (Samad 27 Oct. 1993). Professor Samad believes that wives and children are sometimes disciplined through slapping or beating, a practice which is not seen as unusual in Somalia. Somalis living in western cultures often find it "shocking" to discover that they are not allowed to physically discipline their wives and children (ibid.).

4.2         Female Genital Mutilation

The practice of female genital mutilation (FGM), called gudnin in Somali and imprecisely known as "female circumcision" (Toubia 1993, 9), was outlawed in Somalia in 1947 (The Vancouver Sun 11 Feb. 1993). Nevertheless, the practice continues (The Dallas Morning News 18 Apr. 1993; The Orlando Sentinel 25 Mar. 1994). According to The Orlando Sentinel, "laws against genital mutilation in Somalia and Sudan seem to have done little to stop it" (ibid.). Estimates are that 98 per cent of Somali women have undergone FGM, making Somalia and neighbouring Djibouti the countries with the highest percentage of women in the world who have undergone this procedure (University of Toronto Faculty of Law Review 1993, 280; Toubia 1993, 25).

Although its origins are unknown, FGM has been practised for 2,500 years (Human Rights Quarterly 1988, 443). Infibulation, thought to date back to ancient Egypt, is sometimes called pharaonic circumcision. Infibulation is the most intrusive form of FGM and can cause serious physical and psychological complications (ibid., 441-44). It is the form of FGM practised most frequently in Somalia (Toubia 1993, 25). It involves scraping away of the clitoris, the labia minora and most of the labia majora, and the remaining skin is stitched closed. The operation is often performed in unhygienic conditions by an older woman of the village, and can result in immediate and long-term problems of infection and excessive bleeding. As well, the pain, fear and stress of screaming may cause a child to faint or enter a state of shock which can occasionally result in death (ibid. 14).

In Somalia, girls are generally infibulated between five and ten years of age (ibid., 9). The medical consequences of this procedure are again evident later on, as an infibulated woman's vagina must be cut open to permit intercourse (Human Rights Quarterly 1988, 452-53). During childbirth an infibulated woman must be opened further. Scarred and hardened tissue often blocks the passage of the baby and results in vaginal tearing or even a ruptured uterus (ibid., 453). This is the most common childbirth complication in Somalia (New Scientist Feb. 1991, 43). It is reported that women are often reinfibulated after childbirth and when they remarry (Minority Rights Group 1992, 13; Human Rights Quarterly 1988, 454).

In regions where FGM is practised, including Somalia, the main reason given for practising FGM is tradition (ibid., 448). The procedure is seen as a source of cultural identity that binds the community together (ibid., 449) and constitutes a "passport to social acceptance" in situations where community support is often the only means of individual survival (New Scientist Feb. 1991, 44). The pressure to undergo FGM is often so strong that a girl who has not had the operation may be ridiculed and forced to leave her community, even if she is still a virgin. A woman so ostracized is often forced into a life of prostitution (ibid., 45; Minority Rights Group 1985, 7; Human Rights Quarterly 1988, 440, 479). A woman's marriageability is sometimes determined by the size of the infibulated opening, which can be inspected by the prospective husband's family to determine the worth of the woman (ibid., 446; WIN 3 Dec. 1992).

Some proponents of FGM insist that the practice is required by their religion, but according to Dr. Nahid Toubia, author of a study on the subject, Islam does not require the "circumcision" of females (Toubia 1993, 31). The high value placed by Islam on virginity and patrilineage, however, is said to encourage the practice of infibulation insofar as it is believed to reduce promiscuity and premarital sex (ibid., 37; University of Toronto Faculty of Law Review 1993, 282; The Vancouver Sun 11 Feb. 1993). The need to attenuate the sexual desires of women is often cited as a justification for the practice of FGM (Minority Rights Group 1992, 13; Human Rights Quarterly 1988, 445):

Female circumcision, for instance, arises from the stereotypical perception that women are the principal guardians of a community's secular morality, and also the primary initiators of unchastity (Studies in Family Planning 1993, 78).

There are several widely held beliefs associated with female sexuality and FGM that encourage the practice. For example, some believe that the clitoris is poisonous and possibly fatal to the baby who is touched by it (University of Toronto Faculty of Law Review 1993, 283). There is also a belief that FGM increases fertility and has other healing powers (Human Rights Quarterly 1988, 459; Toubia 1993, 37).

There is a growing movement in Africa promoting the abolition of FGM (New Scientist Feb. 1991, 45; Minority Rights Group 1992, 21; The Jerusalem Post 10 May 1992; The Dallas Morning News 18 Apr. 1993). The Interafrican Committee on the Abolition of Traditional Practices Affecting Women was created in 1984 by delegates to the conference on Traditional Practices organized by the United Nations NGO Working Group on Traditional Practices, in order to eradicate the practice of FGM (Minority Rights Group 1992, 21). In Somalia the Somali Women's Democratic Organization (SWDO) (see section 5) became the implementing agent for the government Commission Concerned with the Abolishment of the Operations (ibid. 1985, 31). In 1987 SWDO and an Italian group started an anti-mutilation campaign, but the project was destroyed with the outbreak of war (ibid. 1992, 31). The Nation reports that a women's group, Iida (see section 5), will begin a campaign against FGM in 1994 (The Nation 8 Feb. 1993). Dr. Orbinski and Dr. Hussein agreed that prior to the war in the Bay region and in Mogadishu, the abolitionist position seemed to be prevailing and the number of "circumcisions" was falling (Orbinski 1 Nov. 1993; Hussein 1 Nov. 1993). It is also reported that women in urban areas were beginning to bring their daughters to clinics to undergo the procedure (Samad 27 Oct. 1993).

Despite the war and resulting disruption in daily routines, women reportedly are still having their daughters undergo FGM in an attempt to protect them from rape (Toronto Women's Health Network Newsletter Dec. 1992, 2; Hussein 1 Nov. 1993). Infibulated women, however, suffer more pain when raped than do "open" women, as they are often cut open by their attackers with knives or bayonets (African Rights Sept. 1993, 13; Africa Watch 4 Oct. 1993, 4; Samad 27 Oct. 1993).

4.3         Violence Against Women in the Civil War

During the civil war the number of rapes by soldiers and bandits in Somalia was "massive" in scale (Country Reports 1990 1991, 344-45; Amnesty International 1993, 258; Country Reports 1992 1993, 236), and according to one source, systematic (Country Reports 1993 1994, 263). Rape was said to have become "commonplace" in the villages (Country Reports 1992 1993, 239). When Africa Watch interviewed women who had been raped in the refugee camps, nearly one-half said they had also been attacked in Somalia (Africa Watch 4 Oct. 1993, 8). One researcher for the US Bureau for Refugee Programs reported that of the 16 rapes he had documented, half resulted in the death of the victim (International Journal of Refugee Law 1990, 27).

A woman who has been raped is subject to the strong cultural stigma of no longer being chaste (Africa Watch 4 Oct. 1993, 17; UNHCR Oct. 1993, 3). Her family also bears the "shame" of not having been able to protect their daughter, who may no longer be able to marry (ibid., 3; Africa Watch Jan. 1990, 124). The victim is often condemned to lifelong shame and ostracism (Calgary Herald 13 Sept. 1993; UNHCR Oct. 1993, 3), and in the case of an older woman, may then feel it necessary to avoid going out in public (African Rights Sept. 1993, 13). The UNHCR reports that a woman who conceives as a result of a rape receives no family support and lives in isolation (UNHCR Oct. 1993, 4). One analyst notes that the attack, if not public, often will not be discussed. Even if the woman is hospitalized, no mention will be made of it. In this way the family hopes to avoid ostracizing their daughter and having the family shamed (Samad 27 Oct. 1993).

If the rapist is from another clan, the clans will often settle the conflict through the system of a diya payment. It is the males of the clan who negotiate the price, sometimes against the wishes of the victim, and the settlement money often stays with the male relatives (Africa Watch 4 Oct. 1993, 18).

According to Country Reports 1993 and Country Reports 1992, women and children suffered disproportionately during the civil war and the ensuing strife, suggesting a "pattern of clan-motivated revenge" (Country Reports 1993 1994, 263; Country Reports 1992 1993, 236). The frequency of rape against opposing clans is reported to be high in a war situation (The Ottawa Citizen 13 Sept. 1993), and the attacks are often public in nature (Africa Watch Jan. 1990, 124; Samad 27 Oct. 1993) in order to humiliate and denigrate the clan to which the woman belongs (The Independent 5 Jan. 1993; Country Reports 1993 1994, 263). Osman notes that the rape of a woman is considered to be an attack on the manhood of both her husband and all the men of her clan (Osman21 Apr. 1994). There have been reports of United Somali Congress militiamen raping young girls in front of their parents and of taking them away and not returning them (Country Reports 1991 1992, 347). Country Reports 1993 states that women from the Brava ethnic minority were "especially hard hit" (Country Reports 1993 1994, 263), and notes that women were often used as shields in ambushes conducted by the Somali National Alliance (SNA) against UN forces (ibid., 259).

In the south centre of the country, where farmers traditionally have been disadvantaged, the famine has been "unparalleled," making women and farmers easy targets for bandits and looters (Africa Report Nov.-Dec. 1992, 63; Africa Watch 13 Feb. 1992, 42). Women often had their clothing stolen and some became so demoralized that they refused to go outside even in the face of imminent starvation (ibid.).

There have been claims of human rights abuses by UN forces in Somalia. It is reported that foreign troops do not treat Somali women with respect. For example, the Belgian troops have conducted body searches of women, looking for weapons. It is considered "extremely humiliating" for a Somali woman to be searched by male soldiers, no matter how carefully. Complaints are also lodged that the searches are performed in a "rough, intrusive and humiliating manner" (African Rights July 1993, 26).

4.4                Arrest and Imprisonment

Amnesty International documents several cases of women being arrested on political grounds or for criminal offences in Somalia, and describes the treatment of such women prisoners in its March 1991 document Women in the Front Line: Human Rights Violations Against Women. According to Amnesty International, there have been cases where male soldiers were allowed to enter women prisoners' cells to "fondle" them, and other cases where women prisoners who complained about harsh conditions were forced to shed their clothes and lie hand cuffed and naked in a courtyard, in full view of soldiers and male prisoners (Amnesty International Mar. 1991, 22).

Amnesty International also reports the arrest, detention and extrajudicial execution of women and children who were attempting to flee the fighting in the northwest (ibid., 46). In an earlier publication, Amnesty International reports that the torture of political prisoners, including the rape of female prisoners, became "routine and systematic" in the 1980s (ibid. 1988, 3). According to another source, rape had become an instrument of torture used to humiliate women in the prisons and detention centres (Shire 21 June 1990, 2).

5.       ALTERNATIVES AVAILABLE TO WOMEN

There are few agencies within Somalia that provide shelter and assistance. Siad Barre's government established the Somali Women's Democratic Organization (SWDO) in 1977 as the only official women's group in Somalia (Women's Movements of the World 1988, 238). The SWDO participated in numerous education and human rights campaigns, including a campaign to eradicate and educate about female genital mutilation (ibid.). When the government fell in 1991, the SWDO dissolved. A new organization was formed called "Iida," which supports low-income women and runs an elementary co-educational school and a weaving and crafts cooperative. It also provides food and other support services to hospitals (News from Africa Watch 7 Mar. 1993, 21). Most of its funding comes from donations from church organizations and charities, as well as from a small donation by the US mission (Los Angeles Times 31 Jan. 1993). One analyst notes that there are women's groups currently in Somalia, working mostly in the social services (Aden 20 Nov. 1993). The Washington Post reports that women are "highly visible" in domestic relief operations, such as running feeding centres and keeping accounting records (The Washington Post 18 Feb. 1993).

According to Country Reports 1992, the lack of a national government or a fully functional judicial system means there has been no enforcement of basic laws and no prosecution of human rights abuses (Country Reports 1992 1993, 236). In particular it notes that "[i]n 1992 the last vestiges of protection for Somali women under the traditional system largely disintegrated in the spiralling violence" (ibid., 239). Under normal circumstances, a Somali woman relies heavily on her extended family for protection and support (Nelson 1981, 99). The civil war and accompanying inter-clan tensions and violence has in many cases eroded the extended family (Samad 27 Oct. 1993; AP 3 Mar. 1993).

5.1                Internal Flight Alternatives

According to one analyst, moving to another area within Somalia presents its own perils. Travelling internally at present is difficult, as it requires money that most Somalis, especially women, do not have (Aden 20 Nov. 1993). The infrastructure is in disarray (The Boston Globe 27 June 1993; Country Reports 1992 1993, 236). Most importantly says one analyst, one must attempt to reach an area that is controlled by one's own clan; crossing the territory of another clan can be dangerous (Aden 20 Nov. 1993). For many Somalis, women in particular, the only alternative available to remaining in an untenable situation is often to walk to one of the refugee camps located on the border of Somalia (Hussein 1 Nov. 1993). The UNHCR reports that many women are assaulted while fleeing the country (UNHCR June 1993, 10). Further, in a 1991 IRBDC interview, the director of the clinical psychology community programme at Boston University, who is of Somali origin, stated that "Somali women who return to Somalia to obtain documents run the risk of being beaten, raped, imprisoned or even killed" (IRBDC Feb. 1991, 9). The situation of Somalis in the refugee camps is also problematic, particularly for women. Problems related to health and violence against women in the camps is detailed in reports from African Rights, Africa Watch and the UNHCR. [ These reports are available through the Regional Documentation Centres.]

5.2    Repatriation

There have been several attempts to forcibly repatriate refugees from the camps in Kenya. In one case the Kenyan government is alleged to have attempted to repatriate a large group of Somali refugees. In May 1991 at least 37 people drowned, most of them women and children, when the boat they were forced on to capsized. Survivors of the accident relate that "instead of rescuing the refugees who clung to the navy boat, the Kenyan sailors snatched the gold bracelets from the wrists of the women and abandoned them to their fate" (African Rights Sept. 1993, 5).

After the beginning of international intervention in Somalia and the signing of a peace accord in Addis Ababa in the spring of 1993, a rapid repatriation programme was promoted by the international community (African Rights Sept. 1993, 46; UNHCR June 1993, 2). The UNHCR reports that there is a move among some Somali refugees to start voluntarily repatriating to areas thought to be relatively safe (ibid.). By October 1993 the UNHCR reported that over 32,000 Somalis had returned since January 1993 (ibid. Oct. 1993, 2). Inter Press Service reports that approximately one-half of the Somali refugees in Kenya have registered for repatriation (Inter Press Service 2 July 1993). In some cases, Somalis are said to favour repatriation because the security in Kenya is poor (African Rights Sept. 1993, 47; UNHCR Oct. 1993, 4). Although the UNHCR found the Juba Valley to be secure enough to repatriate the area (ibid.), African Rights reports that "refugees who have been repatriated to the Juba Valley are being exposed to violence, including rape, and are wanting to go back to Kenya" (African Rights Sept. 1993, 49).

6.      FURTHER CONSIDERATIONS

The future of Somali women may depend to a large degree on the outcome or progress of the conflict. Although Professor Samad believes that Somali women are the most able peace makers and developers of their country (Samad 27 Oct. 1993), African Rights suggests that they remain marginalized in the official peace process (African Rights May 1993, ii). For example, there were no women officially involved in the meeting in Addis meant to reconcile the warring factions of the USC (Los Angeles Times 31 Jan. 1993).

At the time of writing, the fighting continues in the Mogadishu area. The political situation in Northern Somalia (Somaliland) is said to be under control and the areas in the north is more peaceful. AFP reports that Baidoa, once known as the "City of Death," is relatively peaceful (AFP 15 Nov. 1993).

An article in The Ottawa Citizen reports that the countryside in general in Somalia is beginning to "thrive again and life has almost returned to normal" (The Ottawa Citizen 13 Sept. 1993). The Dallas Morning News reports that the situation, even in Mogadishu, is improving (The Dallas Morning News26 Mar. 1994). Although the famine has run its course for the most part, disease and malnutrition linger (African Rights May 1993, 8-10). Although there are reports that some schools have begun classes again, some women, in particular the women's relief group Iida, are concerned that the only schools being set up are fundamentalist Muslim schools (The New York Times 14 Jan. 1993). Osman cautions that the schools that have been set up are often nothing more than a roof under which people can meet, with no supplies or furniture (Osman 21 Apr. 1994).

Even though the war has taken a tremendous toll on women in Somalia, one observer believes women have become more self-reliant and are organizing and empowering themselves (Osman 21 Apr. 1994). Dr. Orbinski, a physician with Médecins Sans Frontières, has witnessed an anti-war demonstration by women that was taken seriously by the men. He believes that women are in control of the "fabric of society" (Orbinski 1 Nov. 1993). According to the US Department of State's Country Reports 1992, women "saw some improvement in their circumstances in 1992 despite the anarchy in Somalia," especially with respect to the remaining economic activity (Country Reports 1992 1993, 239). In recent years, women have had a virtual monopoly over barter trade in food, clothing, gold and qat (a mild drug) (AP 3 Mar. 1993). In 1992 women were said to be running relief agencies and hospitals, while in Mogadishu they were reportedly the most powerful landlords and moneychangers (Country Reports 1992 1993, 239; Hussein 1 Nov. 1993). According to a report in The Gazette, aid experts believe women are the most powerful force for rebuilding Somalia (The Gazette 14 Feb. 1994).

Nevertheless, whether women's rights will be a focus of a new government and whether the legislative improvements to women's rights made under the Barre government will be more effectively enforced, are questions that remain to be answered.

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