The UN declared Somalia to be a country without a government between 1992 and 2000. Following the withdrawal of the UN force in 1995, 3 autonomous areas made up Somalia the Transitional Federal Government (TFG), the Republic of Somaliland and the State of Puntland. A number of other areas have seceded and been reintegrated into one of these 3 areas over the years. In 2002 the Somalia National Reconciliation Conference (SNRC) was held, when over 400 delegates from all clans met to form a new government. Somaliland did not participate. In 2003 the SNRC adopted the Transitional Federal Charter (TFC), which was promptly contested by several factions but was adopted in 2004. The Charter has never been implemented, but a 275-member Transitional Federal Assembly (TFA) has been established.
The former president of Puntland was selected as Transitional Federal President. He appointed the Prime Minister and they chose a Cabinet, but it received a vote of no-confidence from the TFA. In 2005 the TFA accepted a new 89-person Cabinet based on a fixed proportional representation. 22 of 275 seats in the TFA are held by women. 1 woman is a minister and 4 are deputy ministers. The legal requirement that at least 12% of members of Parliament be women has not been met. 31 members of the minority ethnic groups are in the TFA, and 4 are in the Cabinet.
The Republic of Somaliland representatives have not recognised the results of the SNRC, and Somaliland has a constitution and bicameral Parliament with proportional clan representation. It also has functioning institutions in most of its territory. Presidential elections in Somaliland were held in April 2003 with 3 political parties taking part. The incumbent was re-elected. 2 women serve in the lower house of Parliament in Somaliland, and the Foreign Minister is a woman. The Somaliland Parliament and Cabinet have no minority group representation. 5 women serve in the 69-seat Puntland Council of Elders. The Puntland administration banned all political parties and demonstrations. Fighting within and between clans continues, with no group controlling more than a fraction of the territory. In 2006 the Islamic Court Union (ICU), which acted as the opposition to the TFA, grew in strength and claimed control of Mogadishu from the interim government. ICU militias seized a number of towns up to Somalia's border with Ethiopia, controlling the movement of militias and supplies. The TFA responded by moving from the capital to Baidoa. Then the Ethiopian government sent its army into Somalia, defeating the ICU and returning the elected government to the capital. Sporadic attacks have since been made by the ICU, and the Ethiopian troops have returned home. The African Union is to help the government maintain order.
Justice is not based on codified law, and judicial systems do not exist in most of the country. The Islamic Court Union instituted Shari'a law. A combination of traditional and customary law, Shari'a and an old Penal Code are generally used. Amnesty International reports that international standards of fair trial are not met. The unimplemented charter establishes Islam as the national religion, and Somaliland and Puntland have made Islam the official religion in their regions.
Shafi'i school of Sunni law is followed by most citizens and is the only interpretation of Islam allowed in Puntland, where security forces monitor religious activities closely. Religious schools and places of worship must receive permission to operate in Puntland and in Somaliland. Sunni Muslims constitute the majority of the population, and non-Sunni Muslims are viewed with suspicion.
The unimplemented TFC prohibits discrimination on the basis of gender and national origin, but discrimination is a serious problem. The Somaliland Constitution prohibits discrimination on the basis of gender and national origin, but this too is not respected in practice.
Members of police forces owe their positions to political connections, with the result that an ineffective and corrupt force is expected to maintain order. Para-military groups are active in support of various warlords. The unimplemented TFC prohibits torture, as does the Puntland Charter, "unless sentenced by Islamic Shari'a courts in accordance with Islamic law." Torture and police brutality are reported in Somaliland, and rape has been used as a weapon of war. Corruption is endemic.
Freedom of speech and of the press are guaranteed in both the TFC and the Somaliland Constitution, but harassment, arrest and detention of journalists are common in all areas of the country. The Puntland Charter allows freedom of the press "as long as they respect the law." Short, photocopied dailies are published by political factions. Foreign news broadcasts in the Somali language provide most citizens with information. The Somali Journalist Network reports that warlords, militias, clan, Islamic courts and armed business groups are security threats to journalists and that detentions and killings of journalists have increased. Independent television and radio stations are banned in Somaliland, though access to the Internet is not restricted.
Somalia is a source and destination for trafficked women and children and human rights organisations, which cite Puntland as an entry point for trafficking. Trafficking in Somalia is reported as rampant. Children are trafficked for forced labour. An increase in trafficking of children to work out of the country and send remittances home is reported. Somali women and children are trafficked for sexual exploitation and forced labour.
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