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Document #1302015
ACCORD – Austrian Centre for Country of Origin and Asylum Research and Documentation (Author)
In response to your above request we may provide you with the following information:
Shakhal (also named Shekhal or Sheikal)
According to the UN Office for the Coordination of Humanitarian Affairs (OCHA) the Sheikal and Ajuran belong to the major clan Hawiye. (OCHA/ReliefWeb: Internally displaced persons: Combined report on Somalia, 20 August 2002, Sec. 1)
In a list on the clan structure provided by UNHCR Somalia, the Sheikhal are mentioned as separate clan. (UNHCR, November 2000, para V)
The Danish Immigration Service (DIS) writes about the Shekhal:
“The Shekhal clan has been described in various terms such as Sheikhal, Sheikal, Shekhal Lobogi, Shekhal Gendershe or Shekhash. One source considers them as a minority group, though other sources consider them as associated to the Hawiye, as a sub-clan of the Hawiye or even as a separate clan-family:
Guido Ambroso writes that the Shekhal is a priestly lineage with segments present both in central and southern Somalia as well as eastern Ethiopia. In Somalia they are known as Shekhal and in Ethiopia as Shekhash. The Shekhal claim direct descent from a religious Arab lineage even if some genealogists consider them as part of the Hawiye.
Information gathered by the Netherlands Embassy in June 1999 from UNPOS Nairobi, shows that the Shekhal are associated with the Hawiye. In general, Shekhal clan members have no specific area or zone of residency in the country. They are scattered in different districts and regions of the country. One can find Shekhal (as a family) in Mogadishu, Belet Weyne, Jowhar, Middle and Lower Juba and Gedo.” (DIS, December 2000, p. 54)
The DIS refers to several sources who describe the security situation of the Shekhal as follows:
“According to a UN source in Nairobi dating from December 1997 the Mogadishu-based Shekhal Gendershe clan is one of the minority clans in Somalia. They are an unarmed community, which has been receiving threats in their traditional areas since 1990. They cannot defend themselves against the armed militiamen and therefore seek protection from Hawiye sub-clan members, ho have been occupying their traditional home areas since 1990. Another UN source also considered that the Shekhal clan enjoys some degree of protection from the Hawiye clans.
According to the information gathered by the Netherlands Embassy in June 1999 from UNPOSNairobi, members of the Shekhal clan and the Loboge sub-clan (if the person in question is not apolitical figure or has no special case) can travel freely throughout the country.” (DIS, December 2000, p. 55)
Ajuran
According to OCHA the Ajuran belong to the major clan Hawiye. In UNHCR’s list on the clan structure, the Ajuran (also named Meqare) and the Hawiye are both listet as subclans of the Irir. (UNHCR, November 2000, para I.1, I.8, V)
No information about the situation of the Ajuran in the south of Somalia could be found in the sources consulted.
According to UN OCHA, most IDPs in the north of Somalia belong to sub clans from the south, including Rahanweyn, Ajuran, Jarso, Madhiban and Ashraf and the minority group, Bantu:
“These IDPs lack access to power and decision making, income generating opportunities and do not enjoy protection provided by the dominant sub clans of the north. Additionally, gender based discrimination and violence, particularly rape of young girls and women is widespread. Women are often attacked when they go out to collect firewood or a earn living for their families. Women are vulnerable to male attacks both from within their clan as well as from other clans.” (UN OCHA/ReliefWeb: Internally displaced persons: Combined report on Somalia, 1 August 2002)
Shashi (eventually Shanshi resp. Shanshiye)
No information on a clan called “Shashi” could be found in the sources consulted by ACCORD. Several documents mention a clan called “Shanshi” or “Shanshiye”. The Canadian Immigration and Refugee Board (IRB) refers to a doctoral student at York University, in Toronto, who specializes in the history of the Benadir people:
“He stated that the Shanshiye (also spelled Shanshi) are one of the major clans which compose the Reer Hamar. He said that before the war in 1991, the Shanshiye lived in the coastal area particularly in Mogadishu and Merca but could also be found in Brava.
The doctoral student explained that the Shanshiye, who tend be light skinned, do not belong to the Somali genealogy and mainstream Somalis consider them to be foreigners. They were relatively well off merchants and fishermen and for that reason, they were viewed with suspicion and envy. He stated that the Shanshiye "suffered immensely" during the war as their properties were looted and their women raped (ibid.).
Matt Bryden, a consultant employed by the United Nations Research Instititute for Social Development (UNRISD) in Nairobi, corroborates this information and states that "the Shanshiye form part of the ’Gibilcad’ group of coastal communities, of Arab or Persian origin. As a relatively wealthy merchant class, the Gibilcad were targeted by marauding militia groups in the early days of the war, suffering looting, displacement and rape. Many of them have left Somalia as refugees".
The doctoral student clarified that "Gibilcad" is not another clan but rather a Somali word meaning "fair-skinned" one (18 June 1998). He further stated that most of them left Somalia and went to the Benadir refugee camp in Mombasa while some of them have been resettled in the USA.” (IRB, 19 June 1998)
According to a group of elders consulted during a joint British, Danish and Dutch fact-finding mission, the Shansiya group belongs to the Benadiri:
“The Benadiri elders stressed that Benadiri do not put as much weight on genealogical descent as do the Somali clans. They do not count back many generations although Benadiri life is nonetheless clan-based. Each group or clan, in theory at least, traces its origins to a single male ancestor.51 The Benadiri elders distinguished:
four Hamar groups:
- Qalmashube
- Dhabar Weyne
- Shanshiya
- Morshe (Moorshe)” (DIS, December 2000, p. 39)
Since we could not find any information about the current situation of the Shanshi, we have enclosed several reports about the situation of the Benadiri respectively minority clans in general.
In its report on a fact-finding mission to Somalia of December 2000, the Danish Immigration Service refers to Benadiri elders who told the delegation that the Benadiri who are still in Somalia had no protection from any clan, but lived under occupation by Somali clans and militias. The Danish Immigration Services continues:
“In available reports on the situation of the Benadiri before the war, no indications have been found that Benadiri stood in a relation of clientship or protection to main Somali clans. [...]
All three groups of Benadiri elders stated that during the civil war in 1991 and 1992 the Benadiri suffered seriously. Lacking any tradition of warfare and any militia, they were often attacked and targeted by looters, who considered them to be very rich, owing to their trade.59 Cassanelli (1995) claims that many southern minorities were accused by Somali militias of helping to sustain the Barre government in its later years. [...] Many Benadiri women were raped or forced into marriage, as the Benadiri elders confirmed to the delegation. [...]
The Benadiri have all lost property in Somalia during the war. The majority of Benadiri fled the country, mainly to Kenya.61 Members of Somali clan militias took the majority of Benadiri homes.
The Benadiri elders stated that there are still Benadiri in Mogadishu and Merka today, although they could not say how many. Those who are still living in Somalia have seen their houses taken by members of Somali clan militias, although sometimes the owners could stay in one room of their house. The Benadiri elders were fairly sure that none of the Benadiri that fled to Kenya had since returned to Somalia. They described the situation of the Benadiri that remained in Mogadishu and Merka as difficult, as they cannot rebuild their businesses in the presence of the militias, for fear that their resources would again be taken. The elders stated that a few Benadiri had relocated to Bosasso in Puntland, either to seek work there or to move on from there to Yemen, although none of the elders had personal knowledge of any person now in Bosasso, or Hargeisa.” (DIS, December 2000, p. 43-44)
According to the US Department of State (USDOS), minority groups and low-caste clans included the Bantu (the largest minority group), the Benadiri, Rer Hamar, Brawanese, Swahili, Tumal, Yibir, Yaxar, Madhiban, Hawrarsame, Muse Dheryo, and Faqayaqub:
“These groups had limited access to whatever social services were available, including health and education. Members of minority groups continued to be subjected to killings, harassment, intimidation, and abuse by armed gunmen of all affiliations.” (USDOS, 25 February 2004, sec. 5; see also OCHA/ReliefWeb: Internally displaced persons: Combined report on Somalia, 1 August 2002, sec. 1)
The UK Home Office states in its latest country report on Somalia:
“Minority groups within Somalia include the Bajuni, Bantu, Benadir, Bravanese, Eyle, Midgan, Tumal and Yabir. As with the majority clans several of these individual groups are divided into sub groups. The minority groups were the only people in Somalia who, when Siad Barre was overthrown in 1991, did not have their own armed militia to protect them. During the civil war minority groups were among the most vulnerable and victimised populations in the country. Certain minority groups, most notably the Benadiri and Bravanese, have been particularly disadvantaged and targeted by clan militia since the collapse of central authority in 1991. [...]
The Benadiri (an urban people of East African Swahili origin, living mainly in the coastal cities of Mogadishu, Merka and Brava) and Bravanese (a people long established in the city of Brava, believed to be of mixed Arab, Portuguese and other descent), suffered particularly badly at the hands of armed militia and bandits as their home areas were fought over by the competing USC factions and the SPM. USC/SNA forces in particular singled out the Benadiri and Bravanese, with a campaign of systematic rape of women. Members of the minority populations, such as the Reer Hamar, the original Benadiri population of Mogadishu (known in Somali as Hamar) living in the Hamar Weyne and Shingani districts found themselves particularly exposed at times of heavy fighting. Most homes belonging to the Reer Hamar in Mogadishu have been taken over by members of Hawiye militias.” (UK Home Office, October 2003, para 6.87, 6.98)
UN OCHA writes on the situation of minority clans:
“Although the population of minority groups living in Somalia has not as yet been established, estimates indicate that they constitute one third of the total Somalia population; approximately 2,000,000 people. The minority groups include Bantu, Bravenese, Rerhamar, Bajuni, Eyle, Galgala, Tumal, Yibir and Gaboye. These groups continue to live in conditions of great poverty and suffer numerous forms of discrimination and exclusion.
The Socio economic problems faced by minority groups in Somalia existed prior to the armed conflict that continues in parts of Somalia following the overthrow of the dictator Siyad Barre in 1991, and the subsequent collapse of a Somalia national government. These problems have arisen as a result of cultural values that segregate and exclude the minority groups from dominant clan societies. These minority groups are considered inferior, without full rights, hence their low social, economic and political status. As a result of social segregation, economic deprivation and political manipulation minority groups were systematically excluded from mainstream government positions and the few minorities who held positions had no power to speak on behalf of their communities. Furthermore, as a result of their distinct ethnic identity, some minorities, particular the Bantu and Bajuni have suffered systematic confiscation of their lands and properties. In other cases, minority groups have been politically manipulated to oppose certain dominant clans. This resulted in animosity between some minority groups and dominant clans. When the Somalia state collapsed, the minority clans suffered brutal reprisals.
Unlike other clans from dominant groups, minorities lack international support in the form of regular remittances. Recurrent insecurity caused by conflict creates an environment where minority groups are vulnerable and abnormally displaced from their homes. Notably, some minority groups who were abnormally displaced lost their lands, which were reallocated. Insecurity further affects the delivery of services to minority groups post-displacement in areas such as Kismayo, Jilib and Luuq. However, in areas like Hargeisa, Beletweyne, Jowhar and Ballad where security is not a big problem, minority groups receive very little assistance from aid agencies. Estimates indicate that about seventy per cent of the minorities who live in IDP camps or returnee settlements have difficulties in accessing adequate food, proper shelter and education.
In a country where there is no national Government that would be responsible for safeguarding and upholding the rights of minority groups, Somalia minorities are truly in a vulnerable position.” (UN OCHA/ReliefWeb: A study on minorities in Somalia, 1 August 2002)
The Danish Immigration Service (DIS) describes the position of minorities and members of minor Somali clans as follows:
“283. Regarding the position of minorities in Somalia, the UNDP Human Development Report states that, "Somali society is divided along socio-economic, cultural, occupational, class and language lines. Understanding these differences is important in analysing resource distribution, exclusion, and vulnerability. As individuals are dependent on clans rather than government for protection of their rights, the most vulnerable are those from politically weak clans or non-Somali groups. Ethnic groups, such as Arab and Bantu, and occupational castes, such as the Tumal, Midgan, or Yibir, face exclusion, discrimination, and violence. Ethnic minorities face social segregation, while occupational groups are denied the right to intermarry and they both have limited political representation. In Somaliland only one member of the House of Representatives and one member of the Gurti are from a minority group. Greater recognition was given to minorities at Arta, where 24 seats were reserved for minority clans". The minority groups represented in the TNG in Mogadishu are the Jarer (Bantu), Benadiri, Madhiban (Midgan), Rer aw Hassan, Mohammed Salah (Arabs, formerly affiliated with the Marehan), Musa Dheere, Ajuuran, Tumal, Yibir, Yahar and Yemeni.
284. Andrea Tamagnini, Country Director, UNDP-Somalia, Nairobi stated that groups at risk include minorities and wealthy people from small clans, who are more exposed to the risk of kidnapping. The general position of minorities has not particularly worsened but they are still marginalised.
285. Gary P. Jones, Resident Representative, Horn of Africa Programme, Norwegian People’s Aid (NPA), Nairobi stated that the position of minorities had not deteriorated in the last two years. While some areas were still in a state of flux, the main military and political shifts that had left the minorities so badly exposed after the collapse of the central state in 1991 had taken place and the situation now was more one of groups consolidating their position within the loose framework of Somalia that has emerged. Also, the Somali people in general are tired of conflict and war and have no inclination for further large scale fighting. [...]
288. Informed sources from an international organisation in Nairobi (C) stated that it is difficult for women from minorities to be protected. In Mogadishu there have been instances in which girls from minority groups had been married at a young age to militiamen from the main Somali clans in order to secure some protection for their families. Some of these young girls are soon divorced and then find it difficult to remarry. Women from minor Somali clans that are not strongly represented in an area can also be vulnerable, in a similar way to minorities.” (DIS, 25 July 2002, para 283-285, 288)
We have also enclosed a decision of the Austrian asylum appeal authority (“Unabhängiger Bundesasylsenat - UBAS”) granting refugee status to three members of the Shanshi group. It states that the Shanshi are a clan of Arabic origin and belong to the Benadir group. Because of their Arabic appearance, the Shanshi were never recognized as Somali by the Somali society. Even today, the Shanshi were victims of discriminatory acts and that was why many of them would still leave Somalia. According to the “Unabhängiger Bundesasylsenat”, the Shanshi belong to those minorities which cannot rely on support by the powerful clans. Therefore they would be particularly at risk of becoming victims of persecution. (UBAS, 19 November 1998)
The clan “Wayten” is listed in a genealogical table of Somali clans compiled by UNHCR Somalia. According to UNHCR, the Wayten live in Ethiopia and Kenya. The clan structure is described as follows (descending order):
Clan: Darod
Subclan: Kablalah
Subclan: Kumade
Subclan: Absame
Subclan: Wayten (UNHCR, November 2000, para 1.2.2.2)
According to OCHA, Darod is one of the major clans in Somalia. (OCHA/ReliefWeb: Internally displaced persons: Combined report on Somalia, 1 August 2002, sec. 1)
Regretfully, no information regarding the situation of the Wayten or the Absame could be found in the sources consulted by ACCORD.
General information
OCHA includes among the especially vulnerable groups IDPs, minority clans and returnees:
“The concept of what defines a vulnerable population in Somalia is multifaceted. Within any community there are people that are undeniably at risk as a result of general poverty caused by any number of factors. However, in the Somali context, the clan has the role of being a powerful social safety net that to some extent mitigates the effect of poverty on individuals and families. From this perspective, there are distinct communities that for reasons of dislocation or exclusion are rendered particularly vulnerable as they generally have little or no entitlement within the dominant clan system. These communities include IDPs, minority clans and returnees. However, it is important to note that not everybody within these categories is automatically vulnerable. Following are the definitions of vulnerable populations mentioned in this report:
IDPs are by definition dislocated from their home areas and have to a large extent lost the benefits of their clan support systems. Many IDPs have suffered multiple displacements and have lost their assets and means to livelihoods. In many cases, IDPs are themselves from minority clans, and if they come from dominant clans, live in the same vicinity and/or under the same conditions as underprivileged and often outcaste minority clans.
Minority Groups7 have tended to be targeted by dominant clans during conflict, and have frequently lost assets such as land as a result. These minorities include the Bantu, Eyle, Galgala, Tumal, Yibir, Gaboye, Bajuni, Benadiri and Bravanese. Some of these groups such as the Eyle and Galgala have assimilated into some of the dominant clan groups, Rahanweyn and Issak respectively. However, they still remain marginalized.
Returnees are possibly the least vulnerable of these groups as they have generally retained their clan cohesion while refugees, and are returning to their areas of origin (though not necessarily their original homes or livelihoods) where they have the potential to reintegrate into society as equals within the clan system. The most vulnerable returnees live in resettlement sites with very few basic services, and relatively few economic opportunities to develop sustainable livelihoods.” (OCHA/ReliefWeb: Internally displaced persons: Combined report on Somalia, 1 August 2002)
UNHCR states in its “Position on the return of the rejected asylum seekers to Somalia” of January 2004 that conflict, insecurity and lawlessness still dominate the situation in large areas of the south and that it therefore encourages the granting of refugee status, or other forms of complementary protection, to those being forced to leave the southern sector:
“In the case of Somalia, UNHCR has assessed that the majority of refugees who fled areas which are now in the northern sector can safely return to their habitual areas of former abode, although their right to return is seriously challenged by the over-stretched absorption capacity. Also, importantly, it cannot be ruled out that some individuals originating from Somaliland and Puntland may have a well-founded fear of persecution. Claims to this effect should therefore be dealt with in line with global standards of refugee status determination. A similar positive assessment cannot be made for the southern sector of the country, where conflict, insecurity and lawlessness still dominate the situation in large areas. This is why UNHCR continues to encourage the granting of refugee status, or other forms of complementary protection, to those being forced to leave the southern sector. UNHCR also insists on an in-depth briefing and advice on the objective security conditions in those areas whenever refugees wish to repatriate there.” (UNHCR, 10 January 2004, p. 5)
UNHCR further points out problems regarding the repatriation of refugees to Somaliland and Puntland State of Somaliland and the living conditions of the returnee population in Somaliland and Puntland. (UNHCR, 10 January 2004, p. 6; see also p. 7, 9)
According to UNHCR, it would not be reasonable to expect someone to take up residence in an area or community where persons with a different ethnic, tribal, religious and/or cultural background are settled, or where they would otherwise be considered as aliens. UNHCR continues:
“In the Somali context, the concept of guri (local) versus gelti (outsider) is ever-present, and a profoundly important undercurrent in human relations and allocation of resources. It cannot be expected that "outsiders", meaning those not originating from a local clan, are accorded the respect, protection and resources that the "locals" consider rightfully theirs, unless this is brought about by the force of arms. In this regard, it should be noted that "place of origin" should not necessarily be equated with "place of birth". Over the past decades, many Somalis from other parts of the country moved to Mogadishu and other areas in the south, in particular to the Lower Juba, and their children were born there. A significant theme has been the migration of Somali clans from the more arid central, northeastern and Ogadeni plains southward in search of better pastures and water. In the 1970s and 1980s, large-scale state farms and agro-industrial projects attracted settlers from other regions of Somalia, who consequently moved to Lower Juba. However, as things stand now, such persons cannot return to these areas, and most will wish to settle in areas where they have strong clan and family ties. A case to illustrate this point is the voluntary repatriation by air to Puntland of Somali refugees from the Dadaab camps in Kenya. While most of them fled to Kenya from the south of Somalia, they returned to their clan-bases in Puntland. Therefore, the determining factor in defining where a person originates from is where the person has effective clan and family ties, and where clan protection is thus available. In light of the above, especially given the prevailing clan system, UNHCR is of the view that the internal flight alternative is not applicable in the context of Somalia.” (UNHCR, 10 January 2004, p. 8, 9)
For further information on the actual political, human rights and humanitarian situation, please refer also the UNHCR report, p. 1-3 and to the latest report of the UN Secretary-General on the situation in Somalia (see appendix).
This Response was prepared after researching publicly accessible information currently available to the ACCORD within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
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