A Somali woman
What happens if there is no proper state authority and the ones with real power in the country — international peacekeepers — are also the ones you are accusing of rape?
This was the dilemma of a young woman in Somalia who came forward in August this year alleging that Somali soldiers kidnapped her and then handed her over to the troops belonging to the African Union Mission in Somalia (Amisom), who repeatedly gang-raped her.
Three months later, after she spoke to the local media and had laid an official complaint, NGOs that worked with her are fed up. To date there has been no feedback from an investigation promised by the federal government.
The Amisom has stated that anyone found guilty of sexual abuses will be “dealt with”, but there is still no sign of a parallel investigation from the United Nations-sponsored AU mission.
“It is a very difficult situation,” sayd Faruun Adan, executive director of the Elman Peace and Human Rights Centre in Mogadishu.
The centre — the first shelter for Somali rape victims — is taking care of the young mother, who chose not to be named.
“She is scared and she can’t go back to her family.”
Adan, who won the US Women of Courage award in March this year for her work with Somali women, said in a telephonic interview that she believes this case sets a dangerous precedent for other women who dare to speak up.
“They (the government) are actually just trying to ignore us.”
She believes that a blanket denial by the soldiers undermines the intentions of the new government.
“If they deny it, they should deny it in court,” she says.
Adan is also co-founder of Sister Somalia, a network that supports women who have escaped sexual abuse and forced marriage.
Shukria Dini, director of the Somali Women’s Studies Centre says the tense security situation and the fragile state institutions make it difficult for women in Somalia to speak up about sexual abuse.
“Who can deliver justice to these women when we are working in the context of a failed state?” Dini said, speaking from Nairobi.
“We are still waiting for the government to take action on the issues of sexual abuse.”
The absence of a proper criminal justice system leaves women with little recourse.
“The institutions have collapsed and it will take a very long time for them to become functional.
“We are taking baby steps here,” she says.
Civil society organisations are active in trying to empower and support Somali women and have received funding from the international community.
Dini believes the international community should put pressure on government to give more acknowledgements to civil society organisations.
“We are in a process of state-building, but this is still a top-down process.”
Investigating abuses
Somali women are nevertheless extremely resilient and innovative, having survived over three decades of war and lawlessness.
“Women have been the backbone of a society consumed by violence.”
Meanwhile, Human Rights Watch (HRW) on November 11 urged the Somali government to make public the findings of its investigation into the allegations of rape by Amisom troops.
In a statement titled “Somalia: deeply flawed rape enquiry”, the organisation says a “new, impartial and transparent investigation” should be launched.
“This flawed investigation points to security officials trying to silence both those who report the pervasive problem of sexual violence and those who help rape survivors,” HRW director for women’s rights Liesl Gernholtz says in the statement.
A spokesperson for the 18 000-strong Amisom force said it has preferred to give the government time to lead on the issue and will comment once the investigation is completed.
“We have made it clear that we take all allegations against our troops very seriously, especially those of sexual violence against civilians,” spokesperson Eloi Yao said from Nairobi.
“We are collaborating with the government and have launched a parallel investigation,” he said.
This is not the first time UN troops in Africa have been accused of sexual violence against civilians.
UN forces in the Democratic Republic of the Congo and Sudan have been accused of various incidents of sexual abuse against civilians, including against minors.
A case of sexual abuse involving the new UN force in Mali was also reported in September this year.
In a press statement published by local media in Somalia following the Amisom case, the Strategic Initiative for Women in the Horn of Africa said: “Sexual violence and impunity have been known within international military deployment.
“It should be stopped immediately and be addressed at the highest levels, both within the AU and the UN.
“Rape and enslavement are brutal crimes against which the international community must take concrete steps.”
The Amisom case has also highlighted the difficulty of reporting on human rights abuses in Somalia.
The journalist who reported on the case was taken in by police for questioning, according to HRW.
Journalists are under immense pressure to not speak up about the security situation, which remains tense despite gains made by Amisom against the Islamic militant al Shabab.
In 2012 as many as 18 journalists were killed in Somalia and as recently as August 17, a radio journalist was reportedly killed in his home in Mogadishu by three armed men.
In April, Mohamed Ibrahim Rageh, who worked for Somali National Television and Radio Mogadishu, was also killed by two gunmen at his home.
The National Union of Somali Journalists (NOSUJ) has stated its strong opposition to a new draft media law that will curtail freedom of the press in Somalia.
In a statement the NUSOJ says the majority of Somali journalists are against the repressive draft law hatched in secret to curtail media freedom.
This article was produced in partnership with the South Africa Forum for International Solidarity (Safis) safis.org.za. Views expressed here do not necessarilly reflect those of Safis or the Mail & Guardian