Somalia is ranked 82 out of 86 in the 2012 Social Institutions and Gender Index.
There is no Human Development Index or Gender-related Development Index available for Somalia.
Due to the years of conflict and collapse of the state and its institutions, customary practices and Sharia law in relation to family matters have taken the place of the legal and judicial system. According to the 1975 Family Code, the legal minimum age for marriage is 18 years for both men and women, but women can marry at the age of 16 years with parental authorisation.[7] Despite the law, early marriage is practiced in Somalia, with 2006 data showing that 22 percent of girls aged 15 to 19 were married, divorced or widowed.[8] Although non-arranged marriages have become more common, reports suggests that arranged marriages, including forced marriages, still take place in the country.[9]
Polygamy is permitted under Somalia’s customary and religious systems. Under the civil system, men who wish to take a second (or subsequent) wife must obtain authorisation from a district court of justice. Authorisation is granted if the first wife is ill or sterile, has been imprisoned for more than two years or has been “unjustifiably absent” from the marital home.[10] There is limited data available on the prevalence of polygamous marriages, however based on a number of academic studies, the US Department for Health estimates that one-fifth of the Somali population lives in a polygamous marriage.[11]
According to the Family Code of 1975, men head their families and the wife is obliged to follow her husband. With respect to parental authority, both parents have duties. If a couple divorces or separates, the mother is typically granted custody of boys up to the age of 10 years and girls up to the age of 15 years.[12]
The government of Somalia adopted inheritance rights based on the principles of Sharia law. As a result, daughters inherit only half the amount awarded to sons. No information is available about the inheritance rights of widows.[13]
Women have been playing an increasing role in supporting their families during the post-civil war period. Twelve percent of all households are headed by women, 80 percent of whom are either widows or divorcees.[14]
Despite having limited legal rights in the family, data indicates that to some extent, women in Somalia have involvement in household decision-making. A 2002 survey found that 79 percent of women make decisions or are consulted on managing the family budget; 81 percent of women make decisions or are consulted on educating children; and 50 percent of women make decisions or are consulted on selling household produce (50%).[15]
[7] FAO (n.d.) [8] United Nations, Department of Economic and Social Affairs, Population Division (2008) [9] Immigration and Refugee Board of Canada (2007a) [10] FAO (n.d.) [11] US Department of Health and Human Services (2008) [12] FAO (n.d.) [13] FAO (n.d.) [14] FAO (n.d.) [15] United Nations Development Programme and World Bank (2003)
Somalia has laws prohibiting rape, however they are very rarely enforced.[16] There are no laws prohibiting domestic violence, spousal rape or sexual harassment.[17] In the absence of laws or the enforcement of existing laws, violence against women is often addressed through Sharia or customary practices.
Whilst most incidents of violence against women go unreported, there is a culture of impunity surrounding sexual and domestic violence in Somalia. Customary approaches to dealing with violence against women typically involve making “arrangements” between the clans of the victim and the rapist. Rape or domestic violence is treated as civil dispute, often resolved through either the payment of -money or a forced marriage between the victim and the perpetrator.[18] Such arrangements rarely take into account the perspective or rights of the victim. Rape victims are often considered to be “impure” and are subsequently subjected to significant social discrimination. There are reports of “honour” or “revenge” killings in reaction to rapes.[19]
Although there is a lack of prevalence data, sexual and domestic violence is reported to be a serious problem in Somalia and recent reports suggest that it is increasing.[20] Gang rapes are a particular problem in urban areas, perpetrated by youth gangs, members of police forces, and male students.[21] Women in Somalia continue to be subject to high levels of conflict-related sexual violence and domestic violence, where rape is often used as a weapon of war. Police and militia members have been found to be perpetrators of rape against women and rape has been commonly practiced in interclan conflicts.[22] Women living in Internally Displaced Person (IDP) camps are particularly vulnerable to rape, abduction and forced marriage.[23]
Anecdotal reports from field workers suggest that although there has been a general increase in awareness about rape and sexual violence, there remains a reluctance to talk about domestic violence and FGM.[24] Attitudes that accept and excuse violence against women and girls are deeply entrenched in Somalia. For instance, UNICEF reports that 76% percent of women 15–49 years old consider a husband to be justified in hitting or beating his wife, if his wife burns the food, argues with him, goes out without telling him or neglects the children or refuses sexual relations.[25]
There is no national legislation that prohibits FGM currently in Somalia, however the administration in Puntland introduced legislation against genital mutilation in
1999.[26] According to the World Health Organization, about 98 percent of women in Somalia undergo FGM.[27] It is mostly performed on girls from ages 4-11 years and the most severe form, infibulation reported to be practiced in 80 percent of cases.[28] A key barrier to the elimination of FGM in Somalia is the widespread support of the practice in the community. In a study of 1744 women aged between 15 and 49 in North East and North West Somalia, 90 percent reported that they preferred that the custom be preserved.[29]
Recent reports suggest that trafficking of women and girls is an increasing problem, linked to the increase in pirate activity in Somalia.[30]
Women’s physical integrity in Somalia is also compromised by limited reproductive rights. Abortion is only permitted to save the life of the mother. It is not permitted even in the case of rape or incest.[31] Access to family planning for women appears to be a problem, with a 2006 survey found that only 1.2 per cent of currently married women were using contraceptives. A higher level of contraceptive use was reported amongst women living in urban areas.[32]
[16] US Department of State (2010) [17] UNIFEM (2003) [18] United Nations Human Rights Council (2010) p.19 [19] US Department of State (2010) [20] Immigration and Refugee Board of Canada (2007b) [21] US Department of State (2010) [22] US Department of State (2010) [23] Office of the United Nations High Commissioner for Human Rights (2008) [24] UNIFEM (2005) [25] Country data from UNICEF (2009) [26] Country of Origin Information Centre, Norway (2008) p.15 [27] Based on 2002 data. World Health Organization (n.d.b) [28] United Nations Development Programme (2007) p.26 [29] Note that this study was conducted in 2000: World Bank and United Nations Population Fund (2004) [30] United Nations Human Rights Council (2010) p.21 [31] United Nations Population Division (2007) [32] World Health Organisation (n.d.a)
Gender disaggregated data on rates of infant mortality and early childhood nutrition are not available for Somalia. According to UNICEF’s data, child labour is more common amongst girls than boys, with 54 percent of 5-14 year old girls engaged in child labour, compared to 45 percent of boys. There is a gap between the primary school attendance rates of boys and girls, indicating the preferential treatment of sons in access to education. According to UNICEF, female attendance at primary education, as a percentage of male enrolment is 83 percent.[33]
Further, a recent mission report from the Office of the United Nations High Commissioner on Human Rights stated that there have been reports of girls in Somaliland attempting or committing suicide because schooling is reserved for boys in the family.[34]
The Central Intelligence Agency reports that the male/female sex ratio for the total population is 1.01.[35]
There is no evidence to suggest that Somalia is a country of concern in relation to missing women.
[33] UNICEF (2009) [34] Office of the United Nations High Commissioner for Human Rights (2008) [35] Central Intelligence Agency (2012)
Although women in the country are not prohibited from inheriting and acquiring land under civil law, discriminatory customary practices and Sharia laws prevail, thus limiting women’s access to land. Women are largely excluded from owning land: it is the collective property of the family and is passed from father to son. Further, most women do not hold title to their own land since they are guaranteed access rights to the land of their husbands or brothers.[36] The Food and Agriculture Organisation of the United Nations reports on a study conducted in the Jubba valley before the war that showed that women had limited control over land. Only 14 percent owned farms and 28 percent owned some livestock.[37]
Although women are not discriminated against in civil law pertaining to property ownership, customary and Sharia law govern this area which disadvantages women. It is also reported that the position of women with regards to land and property ownership has also been weakened by both conflicts and the ensuing reconstruction process.[38]
Discriminatory practices also restrict Somali women’s access to bank loans. The 2007 MDG report for Somalia stated that women have limited control over family resources, particularly ownership of land, and therefore, limited access to collateral for investment and larger business enterprises.[39]
[36] FAO (n.d.) [37] FAO (n.d.) [38] FAO (n.d.) [39] United Nations Development Programme (2007)
Ongoing conflict has caused a general loss of mobility in Somalia, but the effect is more significant for women than men. The threat of different forms of violence, particularly sexual violence, continues to limit women’s freedom of movement.[40]
Recent reports suggest that women are particularly concerned about the extreme interpretation of Sharia law by insurgent groups restricting the movement of women and requiring women to cover their faces in contradiction with the accustomed practice of Islam and Somali culture.[41]
Freedom House reports that although the constitution guarantees freedom of speech, freedom of press and freedom of association, these rights are not respected. Journalists are subject to serious threats and danger.[42] There is no specific information on how these restrictions impact on women.
In recent years women’s networks have been increasingly campaigning for greater political participation for women and the protection of their human rights. There has also been a surge in advocacy for women to participate in the national recovery process, obtain political rights and gain positions, both in parliament and the judiciary.[43] Despite these efforts, the political participation of women remains very low. The Inter-Parliamentary Union reports that in the 2004 elections, women won 21 (8 per cent) of the 256 parliamentary seats.[44]
With respect to rights at work, women in Somalia are entitled to Maternity protection under the Labour Code. This covers women workers in the private sector, the public service and public institutions. The law provides for 14 weeks paid maternity leave, paid at 50 percent of wages.[45]
[40] United Nations Human Rights Council (2010) p.13 [41] United Nations Human Rights Council (2010) p.13 [42] Freedom House (2010) [43] United Nations Development Programme (2007) p.26 [44] Inter-Parliamentary Union (n.d.) [45] International Labour Organisation (2009)
Somalia has suffered from prolonged civil war since the central government collapsed in 1991. The country remains in a period of considerable political, social and economic turmoil.[1] Conflict and insecurity is a major factor affecting women’s safety, well-being and economic opportunities.[2] The World Bank classifies Somali as a low income country.[3]
The right to equality and non-discrimination on the basis of gender is included in the Transitional Federal Charter of the Somali Republic, which was agreed in 2004 to be the principal organizing document of the transitional government.[4] It should be noted that this document is not the constitution which is still in the process of being drafted. Somalia is not a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women.
There is a chronic lack of data on the status of women and gender equality in Somalia. The 2007 Millennium Development Goals Report for Somalia reported that socio-cultural structures and remains a significant barrier to women’s participation in decision-making processes and access to and control of resources.[5] Women in Somalia experience systematic discrimination under customary practices and Sharia law.
Female enrolment in secondary education, as a percentage of male enrolment is 27 percent. The gender gap in the adult literacy rate has decreased with the female literacy rate as a percentage of the male literacy rate increased from 38 percent in 1990 to 52 percent in 2003.[6]
[1] Central Intelligence Agency (2010) [2] United Nations Human Rights Council (2010) [3] World Bank (n.d.)[4] Article 15 of the Transitional Federal Charter for the Somali Republic. [5] United Nations Development Programme (2007) p.25 [6] United Nations Development Programme (2007) p.24
Central Intelligence Agency (2010) The World Factbook: Somalia, available at https://www.cia.gov/library/publications/the-world-factbook/geos/so.html, accessed 13 October 2010.
Central Intelligence Agency (2012) The World Factbook: Sex Ratio, available at https://www.cia.gov/library/publications/the-world-factbook/fields/2018.html, accessed 9 March 2012.
Country of Origin Information Centre, Norway (2008), Report Female genital mutilation in Sudan and Somalia, available at http://www.landinfo.no/asset/764/1/764_1.pdf, accessed 13 October 2010.
Food and Agriculture Organization of the United Nations (FAO) (n.d.) Gender and Land Rights Database: Full Country Report – Somalia, available at http://www.fao.org/gender/landrights/report/?country=SO#bib_country_id=23, accessed 13 October 2010.
Freedom House (2010) Freedom on the World: Country Report, Somalia, Available at http://www.freedomhouse.org/template.cfm?page=22&country=7919&year=2010, accessed 28 October 2010.
Immigration and Refugee Board of Canada (2007a) Somalia: Prevalence of forced or arranged marriages in Somalia; consequences for a young woman who refuses to participate in a forced or arranged marriage, 20 September 2007, available at http://www.unhcr.org/refworld/docid/47ce6d7a2b.html, accessed 16 October 2010.
Immigration and Refugee Board of Canada (2007b) Somalia: The situation of women, available at http://www.unhcr.org/refworld/docid/46fa537ba.html, accessed 1 November 2010.
International Labour Organisation (ILO) (2010) Database of Conditions of Work and Employment Laws, available at http://www.ilo.org/dyn/travail/travmain.home, accessed 31 October 2010.
Inter-Parliamentary Union (n.d.) Parline Database: Somalia, available at http://www.ipu.org/wmn-e/classif.htm, accessed 24 October 2010.
Office of the United Nations High Commissioner for Human Rights (2008) Preliminary Human Rights Assessment on Somalia 19 July to 2 August 2008 Mission Report, available at http://www.ohchr.org/Documents/Countries/somalia_assessment_mission_report.pdf, accessed 16 October 2010.
UNICEF (2009) State of the World’s Children – online data, available at http://www.unicef.org/sowc09/statistics/statistics.php, accessed 22 October 2010.
UNIFEM (2003) Not a Minute More: Ending Violence Against Women, available at http://www.unifem.org/attachments/products/312_book_complete_eng.pdf, accessed 14 October 2010.
UNIFEM (2005) Denial, Stigma and Impunity – An Uphill Climb to Stop Gender-Based Violence in Somalia, available at http://www.unifem.org/gender_issues/voices_from_the_field/story.php?StoryID=372, accessed 16 October 2010.
United Nations Department of Economic and Social Affairs, Population Division (2008) World Marriage Data 2008, available at http://www.un.org/esa/population/publications/WMD2008/Main.html, accessed 10 October 2010.
United Nations Development Programme (2007) Millennium Development Goals Report for Somalia, available at http://www.so.undp.org/MDG%20Report%20for%20Somalia%20English%20Version.pdf, accessed 13 October 2010.
United Nations Development Programme and World Bank (2003) 2002 Socio-Economic Survey of Somalia, available at http://siteresources.worldbank.org/INTSOMALIA/Resources/swb_complete_report.pdf, accessed 16 October 2010.
United Nations Human Rights Council (2010) Report of the independent expert on the situation of human rights in Somalia, Shamsul Bari, A/HRC/13/65, Geneva.
United Nations Population Division (2007) World Abortion Policies 2007, available at http://www.un.org/esa/population/publications/2007_Abortion_Policies_Chart/2007_WallChart.pdf, accessed 13 October 2010.
US Department of Health and Human Services (2008) Promoting Cultural Sensitivity: A Practical Guide for Tuberculosis Programs That Provide Services to Persons from, available at Somalia http://www.cdc.gov/tb/publications/guidestoolkits/EthnographicGuides/Somalia/chapters/SomaliTBBooklet.pdf, accessed 16 October 2010.
US Department of State (2010)2009 Country Reports on Human Rights Practices: Somalia, http://www.state.gov/g/drl/rls/hrrpt/2009/af/135976.htm, accessed 30 October 2010
World Bank (n.d.) Online data: Somalia, available at http://data.worldbank.org/country/somalia, accessed at 20 November 2010.
World Bank and United Nations Population Fund (2004) Female Genital Mutilation/Cutting in Somalia, available at http://siteresources.worldbank.org/INTSOMALIA/Data%20and%20Reference/20316684/FGM_Final_Report.pdf, accessed 16 October 2010.
World Health Organisation (n.d.a) Department of making pregnancy safer: Somalia Country Profile, available at http://www.who.int/making_pregnancy_safer/countries/som.pdf, accessed 16 October 2010.
World Health Organisation (n.d.b) Female genital mutilation and other harmful practices: Prevalence of FGM, available at http://www.who.int/reproductivehealth/topics/fgm/prevalence/en/index.html, accessed 13 October 2010.
