Country Report on Human Rights Practices for 1988
SOMALOA
.
President Mohamed Siad Barre, who seized power in a bloodless
coup in 1969, is also head of the armed forces and Secretary
General of the Somali Revolutionary Socialist Party (SRSP)
,
the sole legal political party. Somalia's formal governmental
structure includes the President, the Council of Ministers,
and the National People's Assembly. The Council of Ministers
is appointed by President Siad. The members of the People's
Assembly were last elected on a single slate in 1984, with no
provision for alternative or dissenting votes. Informal and
formal consultations between the leadership and clan groups
have a major impact on internal politics. Conflict among
Somalia's five major clans and numerous subclans has broken
out repeatedly over the centuries.
The Somali armed forces number over 35,000 troops and are
supported by the military police, the uniformed regular
police, and the National Security Service (NSS) in internal
security responsibilities, including in the civil conflict.
The NSS has essentially unlimited powers of arrest, search,
and confiscation and over the years has detained thousands of
people for political or unspecified reasons, often for years
without charge or trial. Soldiers, police, and government
employees are poorly paid and disciplined and sometimes misuse
their authority to extort money from citizens. The antiregime
Somali National Movement (SNM) , which finds support among the
northern Isaak clan, launched armed attacks in northern
Somalia in May, killing non-Isaaks and suspected opponents and
destroying their property. In responding, the Somali National
Army inflicted additional casualties and heavy damage on
Hargeisa, the principal city of the north, and on Burao.
Somalia has few proven natural resources, and most of its
estimated 5.9 million people manage a bare subsistence as
herdsmen or farmers. The capital city, Mogadishu, now has a
population exceeding a million, many of whom are unemployed
migrants from the countryside. In September 1987, the
Government suspended its economic reform program, thereby
seriously weakening the export sector, drying up essential
imports, and forcing up prices in urban markets (inflation
reached 13 percent per month in August). In mid-1988, the
Government renewed its commitment to the International
Monetary Fund-proposed structural reforms, including steep
currency devaluation.
The fighting in the north produced civilian casualties as well
as serious human rights abuses. The Somali armed forces used
artillery extensively in urban areas of Hargeisa and Burao,
where insurgents had barricaded themselves, and bombed and
strafed zones populated by civilians. Both sides summarily
executed suspected opponents. About 300,000 to 500,000
Somalis fled the fighting into Ethiopia, Djibouti, Mogadishu,
or the Somali countryside. At the end of 1988, the towns of
Hargeisa and Burao had less than a tenth of their former
inhabitants. The remoteness of the displaced persons and
donors' reluctance to operate in an insecure environment
combined to make relief work difficult or impossible.
Confiscation of relief agencies' vehicles--by the Somali
National Army and SNM f orces--inhibited relief operations.
For several months the Government limited the access of the
International Committee of the Red Cross (ICRC), but by the
end of 1988 it had agreed to substantial ICRC presence in the
north. Civil and political rights, including freedom of
expression and association, remained tightly controlled, andSOiVIALIA
the Government continued to use detention as a primary tool
for limiting them. The Government detained large numbers of
Isaaks from the military and civil service but had begun to
release many of them by the end of the year. The fate of many
others detained before the outbreak of fighting was unknown,
and the Government continued to refuse to release information
about other political detainees and prisoners, including some
who have been in custody for years. The Government finally
held the trial in February of 22 persons, including 6 former
parliamentarians, who had been detained under brutal
conditions without charge since 1982 and who had become the
focal point of international concerns over human rights abuses
in Somalia. The National Security Court sentenced 8 of the
defendants to death, but the President commuted the death
sentences, and at the end of the year 11 of the 22 were out of
prison. In 1988 the Government moved to improve relations
with Ethiopia, and the two Governments exchanged and
repatriated under ICRC auspices several thousand Ethiopian
prisoners of war held by Somalia and several hundred Somali
prisoners of war held by Ethiopia since the 1977-78 Ogaden
war. In an effort to improve women's rights, health, and
social conditions, the Government began enforcing a policy
prohibiting female circumcision.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political Killing
When the SNM attacked cities in northern Somalia in May, it
executed government officials, suspected opponents, wavering
supporters, and non-Isaaks. One mass grave in Burao contains
the bodies of 71 such victims. When the Government
counterattacked, soldiers and security agents summarily
executed dozens and perhaps hundreds of persons, either
because they were suspected rebels or because they were
members of the Isaak clan who encountered government patrols.
Prior to the outbreak of fighting, there had been occasional
random killings by security forces, particularly by curfew
patrols. The allegations of executions by both government and
antigovernment forces are credible, but the number of such
political killings is difficult to estimate and fluctuates in
direct proportion to the intensity of fighting.
b. Disappearance
Unexplained disappearances have increased since late May when
the fighting in the north broke out. As with political
killings, there were no reliable estimates, but government
security forces as well as insurgents were undoubtedly
responsible for many disappearances. Hundreds of civilians
had to leave Hargeisa and Burao along with the insurgent
forces--at least some of them involuntarily--when the
insurgents fled those two towns. At the end of 1988, there
were credible reports that the rebels were still forcibly
preventing many of them from returning home. Also,
disappearances attributable to the Government are hard to
distinguish from arbitrary arrests and detentions (see Section
l.d. below) since detentions are not acknowledged by the
authorities. Because many people detained by the NSS over the
past 18 years have never again been heard from, it is assumed
that at least some of them were killed.
In some cases, the whereabouts of political prisoners are not
known. For example, Mohammed Barud Ali, a chemist who was
director of the Pepsi Cola plant in Hargeisa at the time of
his arrest, was convicted of antirevolutionary activities and
sentenced by the National Security Court on March 6, 1982 to
life imprisonment. He is believed to be held in
Labaatan-Jirow prison but has not been seen by his family or
others for more than 5 years.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Recurring credible reports, sometimes supported by medical
examinations, indicate that the NSS and the military police
often torture detainees. Methods of torture include
submersion in water, electric shock, placing prisoners in
contorted positions for extended periods, severe beating,
wounding with knives, and rape. Somali officials consistently
deny that torture is practiced; and the National Security
Court has refused to admit into evidence allegations of
torture
.
Prison conditions are harsh, especially in NSS maximum
security prisons such as Labaatan-Jirow. Political detainees
in these prisons are denied contact with their families and,
in some cases, kept in solitary confinement in cells as small
as 2 square meters. Medium security prisons for common
criminals are also unsanitary, but family visits are allowed.
Lack of adequate medical treatment is a major problem. Wounds
inflicted during torture sometimes fester because of
unsanitary prison conditions and denial of medical care, and
result in permanent damage to the health of detainees. Kidney
ailments are common among long-term prisoners. In 1988 human
rights groups expressed special concern about the health of
several prisoners, including Abdi Ismail Yunis and Suleiman
Nuh Ali (see Section I.e. below) and Safia Hashi Madar.
Hashi, arrested in 1985, and sentenced to life imprisonment
following a trial before the National Security Court in which
she was denied legal representation, is reported to be
suffering from a kidney infection, severe depression, chronic
tooth pain, and malnutrition. She was 9 months pregnant at
the time of her arrest and delivered a son the second day of
her detention. She has reportedly been beaten and raped while
in detention. The Ministry of Health recommended immediate
treatment for her kidney ailment in September, but since then
the Government has released no news about her condition.
d. Arbitrary Arrest, Detention, or Exile
Although the Somali Constitution accords citizens the right to
be formally charged and to a speedy trial, the criminal code
was modified in 1970 to exempt crimes involving national
security from time limits and rules of procedure. Persons
suspected of a seditious intent, or perceived as a political
threat, are frequently held indefinitely without being charged
or brought to trial. Detentions by the security services may
not be reviewed or overturned by the courts.
The precise number of political detainees and prisoners is
difficult to estimate because the Government does not disclose
such information. However, they probably numbered in the
thousands in midyear at the height of the conflict in the
north. The majority were Isaaks. After the heavy fighting
subsided in August, the Government began releasing detainees
taken into custody during the fighting. The first releases
were without publicity and included the mayor and vice mayor
of Berbers, the chief pilot for Somali Airlines, and several
Isaak businessmen. The official press then began publishing
lists of persons whom the President had amnestied: They
totaled 11 on November 14 and 92 on November 19. Of these
over 80 were military personnel, including a number with the
rank of colonel. In all, 116 released detainees are known by
name. The presidential announcement indicated that the
amnestied persons would resume the duties which they had held
at the time of their arrest.
Also among the detainees were five military cadets (four
Isaaks and one Hawiye) who had been training in Egypt. They
were forcibly returned to Somalia after applying for refugee
status with the United Nations High Commissioner for Refugees
(UNHCR) . Reportedly the Government considers the cadets
military deserters, and it has released no information about
their fate although there is a report that one of the cadets
died while in detention.
The release of detainees at the end of 1988 included few if
any of the hundreds of political detainees from previous years.
The Government does not use exile as a form of punishment. In
July and September, President Siad Barre offered amnesty to
dissidents abroad who wished to return to Somalia. The
Government uses forcible conscription to provide the military
with conscripts. After the outbreak of fighting in the north,
the Government's impressment activities increased greatly. In
some instances, press gangs and groups posing as press gangs
reportedly abducted people in order to extort money from their
f ami lies
.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The Somali judicial system includes civil and criminal courts,
headed by the Supreme Court, which are open to the public.
There is a separate National Security Court, affiliated with
the National Security Service, where proceedings are usually
held in camera. Although nominally independent, the judiciary
is in fact not distinguishable from the executive, which
reviews and controls judicial decisions. All judges in the
Supreme Court and lower courts are appointed by the President
with the advice of the Higher Judicial Council, of which the
President is the chairman. Judges of the National Security
Court generally are military officers posted to the Court.
Law No. 54 of 1970 provides the death penalty for political
offenses "against national security," defined as behavior
"which may be considered prejudicial to the maintenance of
peace, order and good government." The law does not
distinguish between offenses involving violence and those
involving nonviolent criticism or opposition to the Government.
In the civil and criminal courts, legal assistance is
provided, and there are established rules of evidence. There
are no religious courts in Somalia. In civil proceedings
relating to family matters, such as marriage and inheritance,
the judge may cite prevailing Islamic Shari'a law in rendering
decisions
.
The right to appeal exists in criminal and civil cases, but
not in cases heard by the National Security Court. For
persons convicted by the National Security Court, the only
avenue for clemency is through the Politburo of the SRSP.
The trials of 22 political detainees, including 6 former
parliamentarians detained since 1982, finally took place in
February in the National Security Court. The Court sentenced
former Vice President Brigadier General Ismail All Abokor,
former Foreign Minister Omar Arteh Ghalib, and six others to
death for plotting to overthrow the Government. Five
defendants received sentences ranging from 5 years and 4
months to life imprisonment. Nine defendants were acquitted,
but four of them nevertheless were later placed under house
arrest. Subsequently, the President commuted the eight death
sentences to 24 years. Ismail and Omar Arteh were permitted
to serve their terms under house arrest, the other six were
imprisoned. In October the Government announced the release
from house arrest of Ismail and Omar Arteh and the four who
had been acquitted. They were still, however, restricted to
Mogadishu.
Although a few of the defendants' relatives were permitted to
attend the trial, human rights groups, foreign journalists,
and diplomats were excluded. Observers felt that the trial
was procedurally correct, and the Court was responsive when
handling defense objections and motions. There appeared to be
no link, however, between the proceedings and the verdicts.
The Court conducted no investigation into the allegations of
several of the defendants that they had been tortured.
In September a U.S. Consul was permitted to attend a trial of
the National Security Court for the first time. The
defendant, an American citizen, was sentenced to 5 years in
prison. The proceedings were systematic; attorneys for the
defense appeared competent, and they argued their case with
vigor; witnesses did not appear under duress, but some
witnesses alleged to be important to the defense were
excluded. The activity for which the defendant was tried,
possession of poetry considered critical of the Government,
appeared to constitute the receipt of information and ideas,
the freedom to which is recognized under the Universal
Declaration of Human Rights.
Two examples of political prisoners are:
(1) Suleiman Nuh Ali, an architect who studied at
Allegheny College in Pennsylvania and graduated in 1971 from
Howard University in Washington, D.C. He was arrested on
September 12, 1982, by the NSS and charged under Law No. 54
with "creating a subversive organization" and "establishing an
armed group" which carried out an assault on a prison and
attempted to assassinate a major general of the Somali
National Army. According to a report prepared by the U.S.
National Academy of Sciences, Suleiman Nuh Ali "is not known
to have been involved in antigovernment political activities
nor to have ever practiced or advocated violence." Suleiman
was reportedly mistreated during the early days of his
detention; he has eye problems because he was kept
continuously in artificial light; his cell measured only 1.2
by 1.8 meters. Suleiman was 1 of the 22 defendants brought to
trial before the National Security Court in February. He was
found guilty under Law No. 54 and sentenced to death.
Subsequently, the sentence was commuted to 24 years'
imprisonment by President Siad Barre.
(2) Abdi Ismail Yunis, a mathematician who earned an
M.A. degree in 1972 from the State University of New York
(SUNY) at New Paltz. He was arrested in 1982 while visiting
his parents in Hargeisa and later charged with the same crimes
as Suleiman Nuh Ali under Law No. 54. Abdi Ismail Yunis was
tortured during the early period of his confinement, and
testicular wounds led to infections. He also suffered from
skin irritations caused by insects, probable rheumatoid
arthritis, and severe back pain. For much of his long
detention period, he was held in solitary confinement at the
NSS prison in Mogadishu. In February he was also one of the
defendants sentenced to death by the National Security Court;
he later had his sentence commuted to 24 years' imprisonment
by the President. Abdi Ismail Yunis is reportedly in
Labaatan-Jirow maximum security prison, where he is not
permitted visitors. Reports indicated that his health
seriously deteriorated during 1988 and that he might be
suffering from hepatitis or leptospirosis . Despite
international concern that his medical condition, if
untreated, could be fatal, the Government released no news of
his condition.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The NSS searches homes without warrants and monitors the
activities of people through a comprehensive network of
informants. It also monitors communications and opens mail,
although there is no evidence that such practices are
extensive. The SNM and some human rights groups allege that
the Somali army has responded to SNM attacks in the past 2
years by poisoning water supplies and destroying the homes and
livestock of civilians in the area. These allegations could
not be confirmed.
"Mobilization campaigns" are organized by the Somali
Revolutionary Socialist Party to promote public participation
in, and enthusiasm for, various civic and national programs,
as well as general support for government policies. Though
these campaigns are becoming less common, they are especially
evident during the annual preparations for National Day.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government does not allow public expression of dissenting
views. Most Somalis get their daily news by word of mouth
or--consistent with Somalia's strong oral tradition--by
transistor radio. Except for radio, the modern media do not
play a significant role in Somali society. The Government
owns and operates the radio and television as well as the
country's six newspapers. The Central Censorship Board
retains control over all media (foreign and local), including
publications circulated within the country-- fi 1ms , plays,
concerts, lectures, and other means of communication, such as
videotapes, whether imported or produced in Somalia, and
strictly forbids any -expression of views considered
inconsistent with those of the Government. Members of the
local press exercise self-censorship. One editor was
reportedly detained in 1988 after he reprinted an article that
was no longer consistent with government policies. The
Government frequently denies visas to foreign journalists and
strictly controls the movements of journalists who are
permitted to enter Somalia. Despite numerous requests, the
Government allowed only one Western journalist to visit
northern Somalia in the wake of the fighting. Many foreign
publications have been banned, including some Italian
publications, as well as the quarterly journal Horn of Africa
published in New Jersey by expatriate Somali and Ethiopian
intellectuals
.
b. Freedom of Peaceful Assembly and Association
Although politics is a common topic at informal gatherings of
Somalis, more formal meetings are permitted only with
government sponsorship to advance government purposes.
Political protest meetings are not permitted. In March, for
example, 5 high school students were arrested in Burao for
participating in demonstrations protesting the convictions of
13 northern Somalis in the February trial of the
parliamentarians. Two unauthorized demonstrations reportedly
took place in Mogadishu in November, one involving former
prisoners of war repatriated by Ethiopia in August, and the
other involving soldiers wounded in the fighting in the north,
both groups apparently seeking more government assistance.
Both demonstrations were joined by onlookers. Police broke up
the demonstrations without using excessive force, but some
reports indicated that a number of people were detained on
suspicion of instigating the first demonstration.
Professional and civic organizations may be formed only with
government sponsorship and participation. In the past, the
Government has been particularly suspicious of nongovernmental
civic organizations in northern Somalia. Several people who
were reportedly active in 1981 in a community self-help
project to improve Hargeisa Hospital were arrested then and
are still serving sentences for participation in a subversive
organization. The SRSP is the only legal political party.
Under Law No. 54, membership in an opposition group is
punishable by death.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Islam is the state religion of Somalia, and nearly 100 percent
of the population is Muslim, predominantly of the Sunni sect.
Members of other religions may practice their faiths but may
not proselytize.
Since 1985 the Government has licensed all mosques and Koranic
schools, and since 1986 it has appointed all imams. The NSS
monitors sermons and occasionally detains religious leaders
whom it considers too outspoken. The Government is suspicious
of Shi'ites, whether Somali or foreign, and is anxious to
prevent the development of radical Islamic movements. Law No.
54 provides the death penalty for "exploiting religion for
creating national disunity or subverting or weakening state
authority." In 1987 the death sentences of nine Islamic
teachers convicted by the National Security Court were
commuted to life imprisonment. Those nine and several other
religious persons remained in prison at the end of 1988.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Police and military checkpoints control travel between towns,
in border areas, and in areas of interclan violence. The
northern region has been under an 8 p.m. to 5 a.m. curfew
since 1986. In May, when fighting broke out in the north,
mass migrations overwhelmed these travel controls.
Significant shifts of population continued throughout 1988, as
cities such as Berbera lost inhabitants while Mogadishu
absorbed war victims and economic migrants in increasing
numbers. About 300,000 Somalia fleeing the fighting went to
Ethiopia, where they are now in UNHCR-sponsored refugee
camps. There were credible reports that Somali military
planes strafed fleeing civilians. The Government in July
referred to the Somali refugees in Ethiopia as "only the
remnants of the armed bandits," but later in the year
announced an "amnesty" and appealed to Somalis who fled across
the borders into Ethiopia and Djibouti to return to their
homes. There have been reports that the SNM is trying to
prevent their return.
Somali citizens intending to travel abroad need to obtain a
letter from the immigration department. Such letters
frequently seem obtainable through connections or bribes. At
the height of the fighting the Government prohibited all
Somali citizens between the ages of 15 and 40 from leaving the
country. The policy was not enforced uniformly and for
practical purposes is no longer in force. Somalis who have
emigrated are generally permitted to return; twice in 1988
President Siad promised amnesty to antigovernment Somalis
returning from foreign countries. Nevertheless, based on the
experience of previous years, some Somalis fear possible
imprisonment for opposition activity if they return.
Somalia hosts an unknown number of refugees from Ethiopia.
The UNHCR provides foodstuffs for 870,000, but most observers
agree that only about 350,000 persons are full-time residents
of the refugee camps. The program of supporting refugees from
Ethiopia continues despite the war in the north and the exodus
of Somalis into Ethiopia. The Government has supplied arms to
an undetermined number of refugees to fight the SNM insurgents
in the north. Some refugees have been conscripted; others
have apparently joined the Government's side voluntarily, at
least in part because of longstanding enmity between the
Ogadeni and Isaak clans.
A major Somali achievement in 1988 was the reestablishment of
diplomatic relations with Ethiopia, the signing of what
amounts to a nonaggression pact, and an exchange of prisoners
of war. Between August 23 and September 1, the ICRC
repatriated by air 3,543 Ethiopian, 246 Somali, and 1 Cuban
prisoner of war held since the 1977-78 Ogaden war. Among the
repatriated Ethiopians were several hundred Ethiopian
civilians who had been detained at Hawai detention camp; an
additional 22 Ethiopian civilians held in other prisons were
repatriated through the ICRC in November.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The SRSP is the only legal party; opposition groups and
criticism of the Government are illegal. Thus, the people
have neither the legal right nor the ability peacefully to
change their government or the form of their government.
Somalia has only one indigenous ethnic group, the Somali,
which is divided into clans and subclans. For many Somalis
the traditional clan system is the accepted vehicle of
political expression. President Siad Barre and other
officials consult frequently with clan leaders. Since 1982,
however. President Siad has been widely perceived as relying
on and furthering the interests of his family and his Marehan
subclan rather than balancing the interests of all clans.
Faced with difficulties in placating other clans, the
President has also increasingly relied on his role as
Commander of the Armed Forces and Secretary General of the
SRSP to maintain himself in power.
Voting for the 171-member People's Assembly entails only a
vote for or against the SRSP's national slate, although
candidates need not necessarily be party members to be
included on the slate. President Siad Barre was the sole
candidate for President in 1986, and, in Somalia's first
direct presidential election, was reelected to a 7-year term
with 99.9 percent of the vote.
Somalia's traditional and modern politics are dominated by
males. There are a few female members of the People's
Assembly and party Central Committee, two female vice
ministers, and a female ambassador. The Somali Women's
Democratic Organization, though subordinate to the party, has
advocated greater political participation and mobilization for
women.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
In contrast to the past, the Government has shown increased,
if still limited cooperation with international and other
human rights organizations. It cooperated with the ICRC in
the prisoner exchange and allowed the ICRC to visit the north
as part of government-organized trips for donors in connection
with emergency assistance. The ICRC, however, has not been
permitted to meet with Somali political prisoners.
The Government did permit a visit of inguiry in 1987 by the
Committee on Human Rights of the U.S. National Academy of
Sciences. However, the Government granted only one of the
delegation's reguests for appointments with Somali officials
and did not allow the delegation to visit 11 imprisoned
scientists as requested. The Government did not respond to
the NAS report, "Scientists and Human Rights in Somalia,"
published in January 1988, although the Government
persistently denied reports of torture of political prisoners.
In September, after the publication by Amnesty International
(AI) of a critical report entitled "Somalia: A Long-Term
Human Rights Crisis," President Siad said he would welcome an
AI delegation visit to Somalia. AI accepted the offer, and
arrangements for the visit were being made at the end of the
year
.
There are no Somali organizations which address human rights
issues. In trials before the National Security Court,
however, individual lawyers have argued that their clients'
human rights were violated.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
For several years, and especially since the outbreak of
fighting in May, there have been allegations of government
discrimination against Isaak businessmen. Isaaks' bank
accounts and other assets have been seized on suspicion that
they were collaborating with the SNM. Members of other clans
and some persons capitalize on their political connections to
gain economic advantage or privilege. There is no
discrimination in access to education and health services on
clan or ethnic grounds, but these services are available only
in larger urban areas of the country. The fighting in the
north has closed schools there and severely limited access to
medical care.
Although they have considerable inheritance and ownership
rights, Somali women suffer from traditional discrimination in
education, work, and family matters. Female enrollments in
school remain far below those for m.ales at all levels of
education for traditional and cultural reasons. The payment
of dowry and bride wealth are common marriage customs.
Divorce laws and practices strongly favor the male partner.
The Somali Women's Democratic Organization has campaigned
vigorously to mobilize public opinion against the widespread
practice of female circumcision, and has successfully
generated the support of the Government, the party, and Somali
religious leaders for its efforts. In 1988 the Government
officially prohibited female circumcision.
Section 6 Worker Rights
a. The Right of Association
Workers are not free to form independent unions. There is a
single labor confederation, the General Federation of Somali
Trade Unions (GFSTU) , which is government-controlled, with
government-appointed officials. The GFSTU' s main function is
to monitor the work force and provide a conduit for worker
grievances. The GFSTU is a member of the Organization of
African Trade Union Unity and the International Confederation
of Arab Trade Unions. It participates in the International
Labor Organization.
Strikes are outlawed, and organizing a strike is legally
punishable by death. Nevertheless, there was a short
transportation strike in 1987; and the Government took no
action against the striking workers.
b. The Right to Organize and Bargain Collectively
The right to organize does not appear to be infringed by
employers. Because the GFSTU speaks for the Government, its
dealings with employers on wages, hours, and working
conditions tend to resemble binding arbitration rather than
collective bargaining. Some negotiation between employers and
employees goes on outside the union framework. There seem to
be no acts of antiunion discrimination. Labor laws and
regulations are applied uniformly throughout the country.
There are no export processing zones.
c. Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law.
Nevertheless, the Government and party occasionally organize
campaigns of "voluntary labor" to clean streets or boost
production of state-owned factories.
d. Minimum Age for Employment of Children
The minimum age for the employment of children is 15, and
persons under 18 are not permitted to work at night or in
certain hazardous occupations. The legislation, however, is
not effectively implemented, and there is considerable child
labor on the margins of the economy. Children sell cigarettes
on the street, carry bags in the market, and watch and clean
cars to support themselves and to supplement family incomes.
e. Acceptable Conditions of Work
Somalia has comprehensive labor legislation setting minimum
safety and health standards for the workplace. These are
applicable to the small modern sector of an economy that is
predominantly pastoral and agricultural and are not normally
enforced. In theory the workday is 8 hours per day, 6 days
per week, with limits on overtime hours. There is no legal
minimum wage. Workers are entitled to paid holidays, annual
leave, holiday bonuses, and a variety of fringe benefits. In
reality, however, the salary scale is extremely low,
especially in the public sector. The average salary of a
civil servant is about $10 per month and is not adequate to
maintain a decent standard of living. Productivity in the
public sector is correspondingly low, and many civil servants
make only minimal appearances in their offices. Workers
resort to second jobs, corruption, assistance from other
family members, and remittances from abroad to support
themselves and their families. A program of civil service
reform has made little headway because inflation has nullified
salary increases
