Lost Gains: Somalia’s Regression from Women’s Empowerment to Systemic Oppression

LOST GAINS:

SOMALIA’S REGRESSION FROM WOMEN’S EMPOWERMENT TO SYSTEMIC OPPRESSION

Strategic Initiative for Women in the Horn of Africa

The production of this Briefing Paper titled “Lost Gains: Somalia’s Regression from Women’s Empowerment to Systemic Oppression,” was supported by the KOMBOA Consortium which aims to resource and strengthen feminist resistance movements and collectives across Africa, enabling them to advance gender justice and be inclusive and resilient to the attacks from antirights movements. KOMBOA is comprised of five frontline African feminist organizations: the African Women’s Development Fund (AWDF), Initiative Sankofa d’Afrique de l’Ouest (ISDAO), Purposeful, Doria Feminist Fund, and the Strategic Initiative for Women in the Horn of Africa (SIHA) Network.

Cover art painting: Galal Yousif Design: Marce Digital

Published: October 2024 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without prior approval in writing from The Research Team and SIHA Network. This Paper is not a legally binding document. It is a collaborative informational and assessment document and does not reflect the views of any of the contributing partners in all its contents. Any errors are the sole responsibility of the authors.

Copyright © 2024 SIHA Network

ACKNOWLEDGEMENTS This Briefing Paper was prepared by Yousuf Ahmed Abid. The paper examines the trajectory of the feminist movement in Somalia, highlighting both its early successes and the growing backlash against the rights of women and girls, which has been reflected in the repeal of key protective policies and the introduction of regressive laws in recent years.

Sincere gratitude goes out to the SIHA Regional Team including Hala AlKarib, the Regional Director; Faizat Badmus-Busari, the Regional Programme Manager; Sandra Nassali, the Regional Advocacy and Communications Coordinator; and Ramatoulie Jallow, the Regional Research and Advocacy Officer for their contributions and guidance throughout the process.

The Paper should be cited as follows: The Strategic Initiative for Women in the Horn of Africa (SIHA) Network, “Lost Gains: Somalia’s Regression from Women’s Empowerment to Systemic Oppression,” 2024.

Page ~3~

1. Introduction Somalia, a country now torn by decades of conflict, war, and militancy, was once a place where women enjoyed their rights more freely. Though governed by a military dictatorship after the overthrow of the civilian government in 1969, that era seems almost like a haven compared to the current oppressive conditions instilled by fragmented authorities in Somali territories. Remarkably, even during the military regime, Somali women experienced significant advancements in their rights. A key example of this progress came in 1975.This was a good year for women’s rights globally when the United Nations (UN) declared it as International Women’s Year, culminating in a landmark world conference in Mexico City that focused on the status of women. Somalia, in alignment with this global momentum, took a historic step by enacting the 1975 Family Law. This law marked a critical move toward gender equality in the country and symbolized the government’s commitment to improving the status of women, ensuring that their rights were both protected and promoted.

Progress in Somalia didn’t stop there. Two years later, in 1977, the Somali government established the Somali Women’s Democratic Organization (SWDO), further solidifying its stance on women’s empowerment. This organization was created in honor of Hawo Tako, a brave female member of the anti-colonialist Somali Youth League, who was killed by Italian forces in 1948.

The SWDO became a powerful symbol of the ongoing struggle for women’s rights in Somalia, representing the nation’s dedication to empowering women.

It was inspired by the memory of Hawo Tako and others who had sacrificed for freedom and justice, showing that the fight for women’s rights was interwoven with Somalia’s broader quest for national independence and dignity.

However, despite these promising beginnings, the feminist movement in Somalia has faced growing challenges over the years. While significant strides were made in achieving gender equality during the earlier decades, there has been profound backlash against these hard-earned gains in more recent times. This backlash has included the repeal of policies and laws designed to protect the rights of women and girls, and the introduction of laws that undermine women’s rights which will be outlined in the course of this paper.

Policies once intended to uplift women and create a more equitable society have increasingly been subjected to contentious debates or, in many cases, simply shelved by policymakers. The once progressive momentum in Somalia

Page ~4~

has been replaced by a regressive climate where the achievements of the past are slowly being eroded, underscoring the urgent need for renewed advocacy to reclaim and protect the rights of women in the country.

2. Battling Backlash Against the equality The Somali Women’s Charter, which advocates for a 50% representation of women in political and leadership roles, has faced intense backlash from traditional and religious leaders. Despite its progressive vision of ensuring equal representation for women, the Charter has encountered fierce opposition rooted in the deeply patriarchal and conservative values that dominate Somali society. Traditional leaders, who have stood as the gatekeepers of political and social power, often see the call for gender parity as a direct challenge to their authority and cultural norms. They argue that Somalia’s clan-based system, which is mostly male-dominated, does not align with the equal representation of women. For many of these leaders, political power is a family inheritance passed from one male member to another, making the idea of women claiming half of the political seats disruptive to their control.

Religious leaders, too, have played a significant role in opposing the Charter.

Some have interpreted the call for 50% representation as contradicting Islamic principles, arguing that leadership roles are the natural domain of men. Many Somali religious leaders have used selective interpretations of religious texts to argue against women’s political participation. They claim that the Charter’s call for equality threatens the balance of family structures and societal roles that they believe are divinely ordained. This religious rhetoric has been particularly potent in mobilizing communities to resist the push for women’s representation, as it taps into the deep religious convictions of Somali society.

The backlash has been theoretical and translated into concrete actions that have stifled women’s participation in political processes. In many cases, women who have sought political office have faced intimidation, threats, and in some instances, violence. Traditional and religious leaders wield significant influence over clan elders, who are often responsible for nominating candidates for parliamentary seats. This means that women are routinely sidelined during the nomination process, despite constitutional and legal provisions supporting their right to participate. Resistance to the Somali Women’s Charter reflects an entrenched system of male privilege that actively works to keep women out of decision-making spaces.

Page ~5~

Furthermore, the backlash against the Somali Women’s Charter has manifested in public discourse, where women’s activism is often framed as being influenced by “foreign” or “Western” ideologies that threaten Somali culture and Islamic values. Critics of the Charter argue that it pushes for gender equality based on Western feminist ideals, which they claim do not align with Somali traditions. This framing has been effective in rallying public sentiment against the Charter, casting women’s rights activists as outsiders who are disconnected from the cultural and religious identity of the nation. As a result, the movement for 50% representation is frequently portrayed as a cultural imposition rather than a legitimate fight for justice and equity, deepening the challenges faced by women in their pursuit of political representation.

The backlash against the women’s rights movement in Somalia has not only been ideological but has also taken a deeply dangerous and violent form, with women activists facing threats of murder, forced disappearance, and targeted attacks. High-profile figures like Saado Ali Warsame, a celebrated singer and member of parliament, were brutally silenced when she was assassinated in 2014. Her killing sent shockwaves through the Somali women’s rights community, as it symbolized the lengths at which opponents of women’s empowerment would go to suppress their voices. Saado Ali had been a vocal advocate for women’s rights and an outspoken critic of corruption and extremism, making her a target for those who saw her activism as a threat to the patriarchal and political status quo. Her murder underscored the lethal risks faced by women who dare to speak out in Somalia’s male-dominated political landscape.

Similarly, the forced disappearance of Ikran Tahlil, a Somali civil servant with a human rights law background, illustrates the chilling reality of how women’s voices are silenced through state mechanisms. Ikran, who was employed by the Somali National Intelligence and Security Agency (NISA), vanished in June 2021 while working in NISA’s cybersecurity department. Her case became a symbol of how women, even those within government institutions, are not immune to retaliation for their work in advancing justice and rights. The lack of accountability and the murky details surrounding her disappearance point to a broader pattern of intimidation and repression of women activists.

These cases exemplify the extreme threats women face when they challenge entrenched systems of power, making the struggle for women’s rights in Somalia not just a battle for equality but a fight for survival.

Page ~6~

The killing of Amina Mohamed Abdi in March 2022, a prominent opposition lawmaker and outspoken critic of the government, reflects the broader backlash against women’s movements in Somalia. Amina had been a vocal advocate for justice, particularly in her support for Ikran Tahlil. Amina’s assassination not only targeted her political stance but also served as a chilling message to women challenging entrenched power structures. Her death is emblematic of how female leaders who push for justice, transparency, and women’s rights often become targets of violence, amplifying the dangers faced by women in leadership and the broader women’s rights movement in Somalia. This backlash, rooted in resistance to women’s increasing influence and advocacy, undermines the progress of gender equality and reinforces the systemic marginalization of women in both political and social spheres.

Furthermore, a notable case highlighting this backlash is that of Ms. Sadia Samatar, who became the first woman to be elected to a top leadership position in the Somali parliament, which is largely dominated by patriarchal norms. In December 2022, while advocating for the Sexual Offences Bill, her comments were misinterpreted and weaponized against her to impede her efforts in fighting for the protection of Somali women and girls. Despite her arguments being fully aligned with Islamic teachings on the safety and dignity of women and girls, the backlash she faced underscores the deep-seated resistance to progressive change within the patriarchal structures of Somali society.

Further compounding the anti-gender sentiment in the country was the recent decision by Somali Prime Minister Hamza Abdi Barre to appoint military general Bashir Goobe as the new Minister of Family and Human Rights on July 27, 2024. This decision was particularly concerning as it involved changing the name of the Ministry from the Ministry of Women and Human Rights Development to the Ministry of Family and Human Rights Development. The removal of the term “women” from the Ministry’s title symbolically diminished the focus on women’s issues in a country where these rights are continually contested.

The implications of this appointment extend beyond mere terminology. Just days before his ministerial appointment, General Bashir Goobe was sworn in as a Member of Parliament after his wife resigned from her position. This circumstance highlights a troubling pattern of sidelining women in Somali politics and decision-making processes, as both the ministerial role and parliamentary seat—positions that could have been occupied by women— were taken over by a male military general.

Page ~7~

This alarming trend is reflected in the representation of women in the Council of Ministers, which was initially a modest 12%, with 9 out of 75 members being women. However, the recent loss of the Minister of Women and Human Rights Development, along with the resignation of another state minister (Minister of Public Works), has reduced the number of women in the council to just 7%.

This decline signifies the ongoing challenges women face in achieving equal representation in leadership roles, revealing the urgent need for renewed efforts to ensure that the progress made in women’s rights and representation is not eroded.

The current situation reflects a broader cultural resistance to gender equality, with many entrenched societal norms perpetuating patriarchal ideologies that prioritize male dominance in political and social spheres. The erosion of women’s rights is not just a setback for women; it also hampers the overall development of Somali society. Inclusive governance that respects and promotes gender equality is crucial for sustainable peace and development in the country.

The backlash against women’s rights movements in Somalia poses a significant threat to the progress that has been made over the decades. Advocates, civil society organizations, and the international community need to unite and call for urgent action to address the erosion of women’s representation and rights.

Without concerted efforts to combat this backlash and promote gender equality, Somalia risks falling back into a cycle of oppression that undermines the rights and potential of half its population.

3. A Legal and Human Rights Analysis 3.1. Somalia’s Provisional Constitution The current backlash against women’s rights movements in Somalia stands in stark contradiction to the nation’s Provisional Constitution, which promises to uphold fundamental rights and equality for all citizens. Somalia’s Provisional Constitution, adopted in 2012, guarantees several protections that align with the principles of gender equality and the rights of women, including Article 3(3), which explicitly mandates gender equality as a core value of the state.

However, recent events targeting female leaders, activists, and lawmakers demonstrate a profound deviation from these constitutional promises,

Page ~8~

reflecting a deep-seated resistance to women’s empowerment and political participation.

The assassination, enforced disappearance, and repression of the prominent female leaders highlighted above, namely Saado Ali Warsame, Ikran Tahili, Amina Mohamed Abdi, and Sadi Samatar, violates constitutional guarantees of equal political participation and sends a clear message: women who push for transparency, justice, and gender equality risk being violently silenced. This violence starkly contrasts with Article 15 of the Provisional Constitution, which explicitly protects the right to life, personal security, and the right to justice, highlighting the state’s failure to protect women leaders from targeted attacks.

Article 22 of the Provisional Constitution affirms the right of every citizen to participate in the political life of the country, regardless of gender. Yet, Sadia’s advocacy for the Sexual Offences Bill was met with fierce opposition. As highlighted above, her comments misrepresented and used to undermine her work. Such backlash undermines the constitutional promise of gender equality in political representation and decision-making processes.

Moreover, the appointment of military general Bashir Goobe as the new Minister of Family and Human Rights in July 2024, and the symbolic renaming of the Ministry of Women and Human Rights Development to the Ministry of Family and Human Rights Development, signals a worrying shift in the government’s commitment to advancing women’s rights. The Provisional Constitution recognizes the importance of protecting and promoting the rights of women, yet this decision represents a retreat from this principle. The removal of “women” from the ministry’s title contradicts the constitutional obligation to promote gender equality and suggests that women’s rights are becoming a secondary concern in Somali governance.

This series of setbacks, including the reduced representation of women in the Council of Ministers—from 12% to 7%—is another indication of the erosion of women’s rights and political participation. This reduction stands in direct opposition to Article 3 of the Provisional Constitution, which outlines equality as a fundamental tenet of the state. Despite legal provisions supporting women’s inclusion in leadership roles, the reality is that women continue to be sidelined and denied equal opportunities in political and public life. This marginalization not only violates the Constitution but also weakens Somalia’s governance and its ability to achieve inclusive, equitable development.

Page ~9~

The Provisional Constitution enshrines the protection of human rights, including those of women, and calls for a system that respects equality, dignity, and justice. However, the violent backlash against women leaders, the deliberate exclusion of women from decision-making roles, and the regressive actions of policymakers all indicate a troubling trend of constitutional disregard. The current environment, where women’s activism is met with hostility and violence, not only threatens the safety and rights of women but also undermines the very fabric of Somalia’s democratic and constitutional foundations.

3.2. International and Regional Laws The backlash against women’s rights movements in Somalia starkly contradicts several international and regional human rights frameworks that the country has either ratified or failed to endorse. Despite some progress during the earlier decades, recent developments have pushed women’s rights backward, with incidents like the killing of female lawmakers and activists, suppression of political representation, and the erosion of institutional focus on women’s issues. This regression clashes with global human rights standards, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention against Torture (CAT), the International Covenant on Civil and Political Rights (ICCPR), and especially the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), which outlines states’ obligations toward gender equality and the protection of women’s rights, specifically within the African context.

The failure of Somalia to ratify CEDAW is a significant indicator of the country’s reluctance to formally commit to eliminating discrimination against women.

CEDAW provides a comprehensive legal framework for addressing gender inequality, including the right to participate in political life, access to education, and protection from violence and discrimination.1 The recent backlash against women’s movements, including the assassination of female lawmakers like Amina Mohamed Abdi, underscores Somalia’s deviation from the principles outlined in CEDAW. Amina’s murder for her outspoken advocacy for justice

1

CEDAW, Articles 2, 7 and 10.

Page ~ 10 ~

for Ikran Tahlil highlights how Somali women remain vulnerable to targeted violence without the backing of enforceable legal protections.

The non-ratification of CEDAW also leaves a legal void when it comes to addressing gender-based violence and ensuring women’s equal participation in public life. Women activists and politicians face not only societal barriers but also physical threats and violence. In countries that have ratified CEDAW, the convention serves as a powerful tool to hold governments accountable for gender-based discrimination, but Somalia’s lack of commitment leaves women exposed to unchecked violence, contributing to their marginalization from decision-making roles.

The Convention Against Torture (CAT), which Somalia has ratified, condemns all acts of torture and cruel treatment, which are increasingly being used to suppress women’s activism. The killings and forced disappearances of prominent women figures like Amina Mohamed Abdi and Ikran Tahlil exemplify the brutal methods used to stifle dissent and silence advocates for justice and gender equality. These incidents clearly violate CAT, which obliges state parties to prevent and investigate acts of violence,2 including gender-based violence. Despite its ratification of CAT, Somalia’s failure to provide justice for these women, whose deaths remain unresolved, indicates the government’s complicity or inability to uphold this convention.

The lack of accountability in these cases reinforces a culture of impunity that encourages further acts of violence against women. CAT’s provisions call for reparations and the prosecution of perpetrators,3 yet the Somali government’s inaction perpetuates the oppression of women’s rights advocates. This state failure also conflicts with the broader international movement to combat gender-based violence, as outlined by CAT and other treaties.

Somalia is a signatory to the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to participate in public affairs, including the right to vote and to stand for election.4 However, the political landscape for Somali women is perilous, as seen in the backlash against the Somali Women’s Charter, which advocates for 50% representation of women in leadership roles.

Despite constitutional provisions that support women’s political participation,

² CAT, Article 12. ³ CAT, Article 7. ⁴ ICCPR, Article 25

Page ~ 11 ~

societal and political backlash has made it nearly impossible for women to engage fully in political processes without facing threats or violence. The killing of lawmakers like Amina Mohamed Abdi, who sought to retain her seat in the National Assembly, shows how women’s political aspirations are met with lethal resistance.

The ICCPR obliges Somalia to ensure equal political participation, but the backlash against women’s rights movements illustrates a fundamental breach of these obligations. Women’s political exclusion, coupled with the patriarchal system that prioritizes clan-based male dominance, demonstrates that Somali women are far from achieving the civil and political rights guaranteed under international law.

Perhaps most significantly, the backlash against women’s rights movements in Somalia contradicts the Maputo Protocol, a regional treaty under the African Union’s framework aimed at promoting and protecting the rights of women in Africa. The Maputo Protocol addresses issues ranging from violence against women and harmful practices to women’s participation in political processes.5 Somalia is one of the few countries that has not ratified the protocol, further compounding its failure to adhere to regional commitments to gender equality.

The Maputo Protocol specifically mandates African states to combat genderbased violence and to ensure that women enjoy equal rights in political, social, and economic spheres. The current wave of violence and political exclusion targeting women, such as the undermining of Sadia Samatar’s efforts to pass the Sexual Offences Bill, reflects a blatant disregard for these principles. The replacement of the Ministry of Women and Human Rights Development with the Ministry of Family and Human Rights in 2024, as well as the shrinking representation of women in the Council of Ministers, further demonstrates Somalia’s regression in women’s rights. These actions undermine the Maputo Protocol’s provisions for women’s leadership and the fight against discrimination and violence.

⁵ Maputo Protocol, Articles 3(4), 2(2) and 9

Page ~ 12 ~

By resisting the ratification of the Maputo Protocol, Somalia signals its reluctance to fully commit to advancing women’s rights in alignment with both African and global human rights standards. The protocol emphasizes that the empowerment of women is central to the development and peace of African states. The ongoing backlash against women’s movements in Somalia, therefore, not only contradicts the protocol’s provisions but also threatens the long-term stability and development of the country.

4. Recommendations 1) For the African Commission on Human and Peoples’ Rights: ◆◆ Advocate for Somalia to ratify the Maputo Protocol and other regional human rights instruments that protect women’s rights. ◆◆ Monitor and report on the country’s adherence to these frameworks, emphasizing its responsibility to protect women’s rights as part of its African Union membership obligations. ◆◆ Establish an independent inquiry into the killings, forced disappearances, and systemic oppression of women’s rights activists, lawmakers, and leaders in Somalia, and provide regular reports to ensure that Somalia is held accountable for these violations at the regional level.

2) For Somalia Government: ◆◆ Restore focus on women’s rights by reinstating the Ministry of Women and Human Rights Development and increasing women’s representation in decision-making bodies. ◆◆ Uphold constitutional commitments to gender equality, particularly in political participation. ◆◆ Take immediate steps to ratify CEDAW and the Maputo Protocol, demonstrating a formal commitment to women’s empowerment and aligning national laws with international and regional frameworks on gender equality.

Page ~ 13 ~

3) For Development Partners: ◆◆ Provide technical and financial support to strengthen Somali institutions responsible for upholding women’s rights, and ensure that government agencies and civil society organizations are empowered to advocate for legal reforms and gender-sensitive policies. ◆◆ Partner with local CSOs to track and report instances of violence and repression against women’s movements. ◆◆ Use diplomatic pressure and aid conditions to push the Somali government to hold perpetrators accountable and ensure justice for victims of gender-based violence.

4) For Civil Society Organizations: ◆◆ Strengthen grassroots movements that promote women’s rights through awareness campaigns, capacity-building, and community dialogues to build a unified demand for equal representation and protection. ◆◆ Collaborate with progressive religious and traditional leaders, and community influencers to challenge harmful narratives around gender equality, and advocate for progressive interpretations of cultural and religious values that support women’s rights within Somali society.

Page ~ 14 ~

Strategic Initiative for Women in the Horn of Africa

www.sihanet.org