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 AFROL
Gender Profiles:
Somalia
Somalia is recovering from a period of ten years without a central Government
and civil war. Even before this, the country was ridden by poverty and women's
situation was difficult. Thus, there is little reliable data available from
Somalia from the lost decade of the 1990's. We know, however, that the Somali
society, basically rural, is mostly traditionalist and holds on to Muslim and
non-Muslim practices. As there has been no central Government for ten years to
enforce the law, one can expect that traditional law has only grown stronger.
The Somali interpretations of Islam are generally not favourable to women's
rights, and include the almost universal practice of female genital mutilation. Large
areas of Somalia are not under control of the new government in Mogadishu. Somaliland
in the northwest, drawing its history back from the British colony Somaliland,
unilattery declared its return to independence in 1991. Somaliland has been
polically stable since independence, but is not recognised by any country.
Little is known about women's situation in Somaliland, although the country's
constitution provides for equal rights, including special rights to education.
The constitution is however partly based on the Muslim Shari' a laws. One can
assume the tradistional practices remain strong in rural Somaliland. The
northeastern corner of the country is presently independent under the name of Puntland,
a more unstable state not recognising the Mogasishu government but claiming it
works for the unification of Somalia in a federal state. The situation of women
in Puntland is not well known. The legal information below will refer to
Somalia under control og the Mogadishu government. Information on Somali
traditional can be expected to have the same validity in Somalia proper as in
Puntland and Somaliland.
Women are subordinated systematically in the country's overwhelmingly patriarchal culture. Polygyny is permitted, but polyandry is not. Under laws issued by the former government, female children could inherit property, but only half the amount to which their brothers were entitled.
According to the tradition of blood compensation, those found guilty in the death of a woman must pay only half as much to the aggrieved family as they would if the victim were a man.
Violence against women is known to exist in Somalia. About 98% of all Somali females undergo FGM. Infibulation is the form practiced. Women in Somalia averagely give birth to 7,18 children (2000 est.)
Social data
Life expectancy: Total population: 46,23 years
male: 44,66 years
female: 47,85 years (2000 est.)
Infant mortality: 125,77 deaths/1,000 live births (2000 est.)
Alphabetization rate: Total population: 24%
male: 36%
female: 14% (1990 est.)
Medical services: N.A.
Sex ratio: at birth:
1,03 male(s)/female
under 15 years: 1 male(s)/female
15-64 years: 1,02 male(s)/female
65 years and over: 0,81 male(s)/female
total population: 1,01 male(s)/female (2000 est.)
Religious data: Traditional African religions 1%, Muslim 99%.
Family and tradition
Women are subordinated systematically in the country's overwhelmingly patriarchal culture. Polygyny is permitted, but polyandry is not. Under laws issued by the former government, female children could inherit property, but only half the amount to which their brothers were entitled. Similarly, according to the tradition of blood compensation, those found guilty in the death of a woman must pay only half as much to the aggrieved family as they would if the victim were a
man.
There is no national judicial system in Somalia. The judiciary in most regions relies on some combination of traditional and customary law,
Shari 'a law, the penal code of the pre-1991 Siad Barre government, or some combination of the three. For example in Bosasso and Afmedow criminals are turned over to the families of their victims, which then exact blood compensation in keeping with local tradition.
Shari 'a courts
continues to operate in several regions of the country, filling the vacuum created by the absence of normal government authority.
Shari 'a courts traditionally ruled in cases of civil and family law, but extended their jurisdiction to criminal proceedings in some regions beginning in 1994. In the northwest, the self-proclaimed Republic of Somaliland adopted a new constitution based on democratic principles, but
continues to use the pre-1991 Penal Code. A U.N. report issued in September
notes a serious lack of trained judges and of legal documentation in Somaliland, which
cause problems in the administration of justice. In Bardera courts apply a combination of
Shari 'a law and the former penal code. In south Mogadishu, a segment of north Mogadishu, the Lower Shabelle, and parts of the Gedo and Hiran regions, court decisions are based solely on
Shari 'a law. The five Islamic courts operating in Mogadishu are aligned with different subclans, raising doubts about their independence. The courts generally refrained from administering the stricter Islamic punishments, like amputation, but their militias administered summary punishments, including executions, in the city and its environs. With the collapse in December 1998 of the Shari'a courts in north Mogadishu headed by Sheikh Ali Dere, the application of physical punishment appears to have ceased.
The right to representation by an attorney and the right to appeal do not exist in those areas that apply traditional and customary judicial practices or
Shari 'a law. These rights more often are respected in regions that continue to apply the former government's penal code, such as Somaliland.
The traditional practice of Female Genital Mutilation (FGM) is
near-universal in this country. About 98% of women undergo this harmful
procedure. Infibulation, the most dangerous form of FGM, is the common practice
in Somalia.
Gender sensitivity in society
Societal discrimination against women and widespread abuse of children continued to be serious problems. The 1997 Somaliland Constitution contains provisions that prohibit discrimination on the basis of sex and national origin.
There is no national judicial system in Somalia. The judiciary in most regions relies on some combination of traditional and customary law,
Shari 'a law, the penal code of the pre-1991 Siad Barre government, or some combination of the three.
This law systems are not known to favour women in any way. Shari 'a courts traditionally ruled in cases of civil and family law, but extended their jurisdiction to criminal proceedings in some regions beginning in 1994.
Several women's groups in Hargeisa in Somaliland actively promote equal rights for women and advocate the inclusion of women in responsible government positions.
Health data
Access to potable water: 69% of the population have no access to potable
water.
Medical services: N.A.
Maternal mortality rate: 1.600/100.000.
Infant mortality: 125,77 deaths/1,000 live births (2000 est.)
Female Genital Mutilation (FGM): About 98% of all females undergo FGM.
Infibulation is the form practiced.
Female genital mutilation, which is widely condemned by international experts as damaging to both physical and psychological health, is a near-universal practice. Estimates place the percentage of women who have been subjected to FGM at 98 percent. Infibulation, the most harmful form of FGM, is practiced. The practice was illegal in 1991, when the Siad Barre government collapsed, and in Somaliland it remains illegal under the Penal Code; however, the law is not enforced. While U.N. agencies and NGO's have made intensive efforts to educate persons about the danger of FGM, no reliable statistics are available on their success.
Violence against women
Violence against women exists, although there are no reliable statistics on its prevalence. Women suffered disproportionately in the civil war and in the strife that followed. For example, there
are reports that fighters loyal to warlord Hussein Aideed routinely raped women in 15 villages in southern Qoroley district.
According to the tradition of blood compensation, those found guilty in the death of a woman must pay only half as much to the aggrieved family as they would if the victim were a man.
Main sources: U.S. Department of State, CIA,
Mundo negro
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