Fight or Flight: The challenge of building sustainable livelihoods for youth in Somaliland amidst the explosion in human trafficking
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Fight or Flight:
The challenge of building sustainable
livelihoods for youth in Somaliland amidst
the explosion in human trafficking
Kitty Hamilton & Mebratu Gebeyehu
Table of contentsFight or Flight: The challenge of building sustainable livelihoods for youth in Somaliland
amidst the explosion in human trafficking
Table of contents
List of acronyms ............................................................................................ 5
Glossary of terms .......................................................................................... 6
Executive summary ....................................................................................... 9
Research methodology ............................................................................. 9
1. Introduction ........................................................................................... 12
1.1. Research rationale and background: human trafficking in
Somaliland………………. ...................................................................... 12
Purpose and objective ........................................................................... 14
Scope and focus .................................................................................... 14
1.2 Methodology .......................................................................................... 15
1.3 Limitations of the study .......................................................................... 15
2. The Context............................................................................................ 17
2.1. The legal and policy framework ............................................................. 17
Legislation relevant to address human trafficking .................................. 17
The Somaliland Constitution (2000) ...................................................... 17
The Penal Code (1962) ......................................................................... 18
Other laws ............................................................................................. 19
Relevant policy measures ..................................................................... 19
2.2. Existing interventions and gaps ............................................................. 20
Establishment of National Committee on Human Trafficking ................. 20
Mixed Migration Taskforce .................................................................... 20
Close cooperation with neighbouring countries ..................................... 20
Efforts by INGOs and civil society include: ............................................ 21
Gaps and challenges in existing interventions ....................................... 21
3 Understanding and perception ............................................................. 22
3.1 Understanding on migration, smuggling and human trafficking ............. 22
Smuggling and human trafficking .......................................................... 23
Perception on human trafficking in Somaliland ...................................... 23
What is prevalent in Somaliland is human trafficking............................. 24
3.2 Demographic characteristics of study population .................................. 25
Table 1: Sex of respondents .................................................................. 25
Table 2: Age of respondents ................................................................. 25
Table 3: Highest education attained by respondents ............................. 25
Table 4: District information ................................................................... 26
3.3 Perception on prevalence and magnitude ............................................. 26
Table 5: Prevalence of internal human trafficking by gender ................. 27
Table 6: Prevalence of internal trafficking .............................................. 27
Table 7: Prevalence of internal trafficking by survey type ...................... 28
Table 8: Prevalence of external human trafficking by gender ................ 28
Table 9: Perception on prevalence of external trafficking by gender and
survey type ............................................................................................ 29
Table 10: Prevalence of internal trafficking by age ................................ 30
Table 11: Perception on external trafficking by age groups (% within
Age) ....................................................................................................... 30
Table 12: Prevalence of external trafficking by age ............................... 31
Table 13: Prevalence trend of human trafficking over the past 5 years . 31
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amidst the explosion in human trafficking
Table 14: Personal knowledge of migrant family members ................... 32
Table 15: How often students discuss migration ................................... 33
3.4 Perception on common causes ............................................................. 33
Table 16: Perception on underlying causes ........................................... 34
Table 17: Economic concern as critical cause ....................................... 34
Table 18: Economic concerns as critical factors for irregular migration . 35
4. Human trafficking from Somaliland ..................................................... 37
4.1 Recruitment ........................................................................................... 37
Deceptive and/or coercive recruitment .................................................. 37
Table 19: Prevalence of deceptive recruitment ..................................... 38
Table 20: Prevalence of coercive recruitment ....................................... 39
Table 21: Prevalence of deceptive and coercive recruitment by gender 39
4.2 Routes, transportation & common destinations ..................................... 40
Table 22: Common routes and destinations (by response) ................... 40
Table 23: Common routes and destinations (by percentage) ................ 41
4.3 Sources of information ........................................................................... 43
Table 24: Availability of information in schools ...................................... 43
Table 25: Analysis of Multiple Responses on three most common and
reliable sources of information ............................................................... 44
5. Profile of victims and traffickers .......................................................... 44
5.1 Who’s migrating? ................................................................................... 44
Table 26: Vulnerability to human trafficking ........................................... 45
Table 27: Vulnerability by level of education ......................................... 46
5.2 Reasons for migration ........................................................................... 46
Table 28: Future Vision of students ....................................................... 47
Table 29: Do you intend to migrate in the future? .................................. 48
5.3 Profile of traffickers ................................................................................ 48
6. Protection risks and violations ............................................................ 50
6.1 Physical abuse ...................................................................................... 50
6.2 Detention ............................................................................................... 51
6.3 Sexual abuse ......................................................................................... 51
6.4 Deportation ............................................................................................ 52
6.5 Extortion and ransom taking .................................................................. 52
Table 30: Prevalence of violence and abuse ......................................... 53
7. Conclusion, patterns and trends & recommendations ...................... 55
Key patterns in human trafficking in Somaliland ..................................... 55
Table 31: Patterns and trends ................................................................ 56
Prevention .............................................................................................. 57
Prosecution ............................................................................................. 58
Protection and support............................................................................ 58
Partnership & coordination ..................................................................... 58
8. Bibliography .......................................................................................... 59
Annex 1: ........................................................................................................ 63
School information .................................................................................. 63
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amidst the explosion in human trafficking
Disclaimer
© EUROPEAN UNION, 2014
This document has been funded with support from the European Commission. The information
and views set out in this publication are those of the author(s) and do not necessarily reflect
the official opinion of the European Union. Neither the European Union institutions and bodies
nor any person acting on their behalf may be held responsible for the use which may be made
of the information contained therein.
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amidst the explosion in human trafficking
List of acronyms
DRC: Danish Refugee Council
INGO: International Non-Governmental Organisation
ILO: International Labour Organisation
IOM: International Organisation for Migration
MMTF: Mixed Migration Taskforce
MOLSA: Somaliland Ministry of Labour and Social Affairs
NGO: Non-Governmental Organisation
RMMS: Regional Mixed Migration Secretariat
TIP Protocol: UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the UN Convention against Transnational Organized
Crime, 2000
UNHCR: United Nations High Commissioner for Refugees
USD: United States Dollar
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amidst the explosion in human trafficking
Glossary of terms
Selected definitions from the International Organization for Migration’s Glossary on Migration,
2004. (Definitions used here copied without editing: Full Glossary found at
http://publications.iom.int/bookstore/free/IML_1_EN.pdf)
Abduction: The act of leading someone away by force or fraudulent persuasion.
Armed conflict: All cases of declared war or of any other armed conflict which may arise
between two or more States, even if the state of war is not recognized by one of them (see Art.
2, Geneva Conventions I-IV, 1949- international armed conflict). An armed conflict exists
whenever there is a resort to armed force between states or protracted armed violence between
governmental authorities and organized armed groups or between such groups within a state.
Assisted migration: The movement of migrants accomplished with the assistance of a
government, governments or an international organization, as opposed to spontaneous,
unaided migration.
Assisted voluntary return: Logistical and financial support to rejected asylum seekers,
trafficked migrants, stranded students, qualified nationals and other migrants unable or
unwilling to remain in the host country who volunteer to return to their countries of origin.
Asylum seekers: Persons seeking to be admitted into a country as refugees and awaiting
decision on their application for refugee status under relevant international and national
instruments. In case of a negative decision, they must leave the country and may be expelled,
as may any alien in an irregular situation, unless permission to stay is provided on humanitarian
or other related grounds
Child: An individual being below the age of eighteen years unless, under the law applicable to
the child, majority is attained earlier (Art. 1, UN Convention on the Rights of the Child, 1989).
Somaliland law proclaims attainment of majority at the age of 15.
Coercion: Compulsion by physical force or threat of physical force
Deception: In the migration context, this term not only refers to false or wrong information, but
also to the intentional abuse of capitalizing on the lack of information available to the migrant.
Detention: Restriction on freedom of movement, usually through enforced confinement, of an
individual by government authorities. There are two types of detention. Criminal detention,
having as a purpose punishment for the committed crime; and administrative detention,
guaranteeing that another administrative measure (such as deportation or expulsion) can be
implemented. In the majority of the countries, irregular migrants are subject to administrative
detention, as they have violated immigration laws and regulations, which is not considered to
be a crime. In many States, an alien may also be detained pending a decision on refugee status
or on admission to or removal from the State.
Diaspora: Refers to any people or ethnic population that leave their traditional ethnic
homelands, being dispersed throughout other parts of the world
Exploitation: The act of taking advantage of something or someone, in particular the act of
taking unjust advantage of another for one’s own benefit (e.g. sexual exploitation, forced labour
or services, slavery or practices similar to slavery, servitude or the removal of organs)
Forced/compulsory labour: All work or service which is exacted from any person under the
menace of any penalty and for which the said person has not offered himself/herself voluntarily
(Art. 2(1), ILO Convention No.29 on Forced Labour, 1930)
Illegal entry: Act of crossing borders without complying with the necessary requirements for
legal entry into the receiving State (Art. 3(b), UN Protocol Against the Smuggling of Migrants
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by Land, Sea and Air, supplementing the United Nations Convention against Transnational
Organized Crime, 2000).
Internally displaced persons: Persons or groups of persons who have been forced IDPs or
obliged to flee or to leave their homes or places of habitual residence, in particular as a result
of or in order to avoid the effects of armed conflict, situations of generalized violence, violations
of human rights or natural or human-made disasters, and who have not crossed an
internationally recognized State border.
Irregular migration: Movement that takes place outside the regulatory norms of the sending,
transit and receiving countries. There is no clear or universally accepted definition of irregular
migration. From the perspective of destination countries it is illegal entry, stay or work in a
country, meaning that the migrant does not have the necessary authorization or documents
required under immigration regulations to enter, reside or work in a given country. From the
perspective of the sending country, the irregularity is for example seen in cases in which a
person crosses an international boundary without a valid passport or travel document or does
not fulfil the administrative requirements for leaving the country. There is, however, a tendency
to restrict the use of the term “illegal migration” to cases of smuggling of migrants and trafficking
in persons
Kidnapping: Unlawful forcible abduction or detention of an individual or group of individuals,
usually accomplished for the purpose of extorting economic or political benefit from the victim
of the kidnapping or from a third party. Kidnapping is normally subject to the national criminal
legislation of individual States; there are, however, certain kidnappings that fall under inter-
national law (e.g. piracy)
Migrant: At the international level, no universally accepted definition of migrant exists. The term
migrant is usually understood to cover all cases where the decision to migrate is taken freely
by the individual concerned for reasons of “personal convenience” and without intervention of
an external compelling factor. This term therefore applies to persons, and family members,
moving to another country or region to better their material or social conditions and improve the
prospect for themselves or their family.
Migration: A process of moving, either across an international border, or within a State. It is a
population movement, encompassing any kind of movement of people, whatever its length,
composition and causes; it includes migration of refugees, displaced persons, uprooted people,
and economic migrants.
Organized crime: Widespread criminal activities that are coordinated and controlled through
a central syndicate.
Smuggling: The procurement, in order to obtain, directly or indirectly, a financial or other
material benefit, of the illegal entry of a person into a State Party of which the person is not a
national or a permanent resident (Art. 3(a), UN Protocol Against the Smuggling of Migrants by
Land, Sea and Air, supplementing the United Nations Convention against Transnational
Organized Crime, 2000). Smuggling contrary to trafficking does not require an element of
exploitation, coercion, or violation of human rights
Torture: Any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him/her or a third person information
or a confession, punishing him/her for an act s/he or a third person has committed or is
suspected of having committed, or intimidating or coercing him/her or a third person, or for any
reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public official or other person acting in
an official capacity. It does not include pain or suffering arising only from, inherent in or
incidental to lawful sanctions (Art. 1, Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, 1984).
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Trafficking in persons: The recruitment, transportation, transfer, harbouring or receipt of
persons, by means of the threat or use of force or other forms of coercion, of abduction, of
fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person, for the purpose of exploitation (Art. 3(a), UN Protocol to Prevent, Suppress
and Punish trafficking in Persons, Especially Women and Children, Supplementing the UN
Convention Against Organized Crime, 2000).
Voluntary return: The assisted or independent return to the country of origin, transit or another
third country based on the free will of the returnee.
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Executive Summary
Somaliland migrants using either the western and eastern routes in search of perceived better
economic opportunities face a number of protection risks along their journey that are widely
documented. There are dangers throughout the journeys – from when they are smuggled
across borders or seas as well as while in transit in Sudan, Libya, or Yemen.
Despite these insights, few details are known about the recruitment practices of potential
Somaliland migrants, nor the situations migrants find themselves in in destination countries,
and whether this constitutes human trafficking.
The study is designed to fill this information gap with the purpose of providing insight into
and documenting the specific causes, trends and patterns of human trafficking in
Somaliland.
Research methodology
This study includes both a desk review of relevant literature and qualitative and quantitative
data gathered by the research team in Somaliland responding to the prevalence of human
trafficking in the country. The research was carried out in two areas, Hargeisa and Borama,
which are identified hotspot areas by a number of key informants. Quantitative data was
gathered by conducting a household and school based survey involving a total of 597
respondents (303 female, 296 male). The household survey consists of 301 respondents (153
female, 148 male) spread across the five districts of Hargeisa and the town of Borama, and a
school based survey that covers 296 students including 150 females, 146 males drawn from
20 public and private secondary schools in Hargeisa. Qualitative data was gathered from
representatives of key stakeholder agencies, service providers, community leaders and
returned victims, through in-depth interviews, focus group discussions and case studies.
Understanding and perception
The Somali word “Tahriib” means regular and irregular migration, but also includes
connotations of people smuggling and human trafficking – depending on the context it is used.
The study looks at how “Tahriib” is understood by informants, and what implications this has
for the debate on human trafficking in Somaliland.
The research finds that a majority of respondents, 68%, see external trafficking as prevalent
and that it has increased within the past 5 years (83%), suggesting a worrying trend.
Strikingly, 30% of respondents know someone who has died or disappeared after leaving
Somaliland.
Economic drivers are seen as the major cause underlying the prevalence of human trafficking.
87% of respondents consider economic concerns as the most critical factor relating to human
trafficking.
Respondents point to limited job opportunities for young people as a driving factor.
Human Trafficking from Somaliland
Human trafficking exists including the recruitment, means and purposes of exploitation. The
majority of respondents (71%) believe human trafficking happens every day or frequently.
Recruitment is largely indirect, illicit and cost free. Deception is mostly used, and migrants
commonly give consent based on limited or distorted information. There is the element of
consent to be smuggled by the victims but this consent is flawed once the victims are made
vulnerable and alien outside of their country.
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amidst the explosion in human trafficking
There is a network of smugglers and traffickers that abuse and benefit from the consent of
victims taking complete control on the movement, communication and employment of the
victims – especially in transit and destination countries.
The perception survey confirms the wider prevalence of deceptive recruitment while
coercion is perceived as less routine during the recruitment process within Somaliland but
rampant in transit countries.
Despite the public perception for its low prevalence as per the quantitative survey,
internal human trafficking for domestic labour purposes is ascertained by validation
workshop participants, where evidence was shared especially those who have direct service
provision experience to survivors.
Routes and destinations
Europe is a vivid aspiration for many young Somalilanders, several of who have risked their
life on a number of occasions to reach there despite a multitude of grave obstacles and risks.
The western route, from Somaliland to Ethiopia, Sudan and Libya and onwards to Europe is
the most commonly trodden path, with young people trusting that the end game outweighs
the perils of the journey.
This report finds that this is by far the most common route used by Somalilanders, who have
great hopes of reaching Europe and seeking better opportunities. It is also one of the key routes
where the exploitation of Somalilanders takes place.
The eastern route through Djibouti and Yemen to destinations like Kingdom of Saudi Arabia,
United Arab Emirates and other Gulf States is also known for Somalilanders but less used and
common at present.
Profile of victims and traffickers
Urban youth, both male and female, that have graduated from secondary school and
university are identified as highly vulnerable to human trafficking.
High unemployment of young people (75% of respondents) and graduates, loss of hope and
a desire to improve their livelihood for the future are the main drivers of migration from the
region.
The study faced challenges in identifying the profile of human traffickers. According to
community groups, the norm is ‘don’t ask and don’t tell’ as it concerns those responsible in
triggering and facilitating irregular migration.
Informants agree that ‘there are hidden tactics’ in the recruitment of individuals.
Protection risks and violations
In both the western and eastern routes undertaken by Somalilanders, a series of grave
violations take place including physical, psychological and sexual violence.
Research shows that physical violence including torture, beating, slapping, burning, starvation
and isolation is the most common protection risk Somalilanders face during their journeys.
Almost 50% of respondents report physical violence occurs every day on the journey.
Worryingly, almost 50% also report that female migrants are victims of sexual abuse.
The legal framework in Somaliland provides for legal provisions that are relevant to address
human trafficking indirectly and in a limited way, including the Somaliland Constitution and
Penal Code. However there is neither anti-trafficking legislation nor do other existing
Somaliland laws have specific provisions that directly addresses human trafficking.
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amidst the explosion in human trafficking
There are a number of positive interventions underway in the country including an Inter-
Ministerial Taskforce on Trafficking, the Mixed Migration Taskforce, as well as interventions by
development agencies on education and awareness raising initiatives. Limitations to technical
resources on human trafficking and funding are commonly mentioned as gaps to up scaling
existing interventions.
A limitation remains in quantifying the number of Somaliland victims of irregular migration and
human trafficking. While the findings in this report shed some light on the existence of human
trafficking, it is important that further research is undertaken to determine the exact rate of flight
and the countrywide scale of the phenomenon.
One key issue here is the accessibility to data and statistics from the Government of Somaliland,
neighbouring countries and appropriate partner agencies, for example in relation to the number
of Somalilanders imprisoned, deported, bodies returned from Ethiopia, Djibouti, Yemen, Sudan,
Libya and other transit and destination countries, girls and boys reported missing to police
within a given period, trafficking cases investigated and involved suspects and victims. Without
this, it will remain difficult to gain a broader understanding and a reliable estimation of the scale
of human trafficking both within and from Somaliland. A better understanding in this regard will
also support the development of comprehensive protection interventions by stakeholders.
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1. Introduction
1.1. Research rationale and background: human trafficking in Somaliland
It is widely accepted that in recent years human trafficking has been on the rise from sub-
Saharan Africa, with migrants using western, eastern or southern routes and facing a number
of protection risks and violations along their journeys.
Somali migrants are found on the move in Yemen with the intention of continuing into the Gulf
States, whereas others are found in Ethiopia and Kenya, heading southwards. While there is
no accurate data available about the volume of Somali irregular migrants using the route, it is
commonly understood that a large number of Somalis are moving between neighboring
Ethiopia and into Sudan and Libya where they are planning a journey onwards to the global
north – starting in Malta and Italy, but with the intentions of reaching Europe. In 2010,
International Centre for Migration Policy Development, ICMPD, estimated the overall population
of Somalis in Libya to be around 2, 500 persons, most of them coming from Mogadishu. 1 As of
April 2014, 2, 290 Somalis have sought refugee and asylum in Libya, according to the UNHCR.2
The figures for irregular migrants seeking to arrive on the shores of Europe are likely much
higher. A UNHCR news report said that by August 2014 88,000 people are estimated to have
arrived in Italy by boat– of whom about 77,000 are believed to have departed from Libya. 3 On
the eastern route, Yemen has received more than 246, 000 registered refugees – 95 per cent
of whom are Somalis. 4 Despite the high number of Somali arrivals however, there are few
Somalilanders according to the RMMS. A 2013 report records less than 3,000 in Yemen during
2012, representing 3% of total new arrivals there. 5
Unlike the rest of Somalia, the northwestern region of Somaliland is relatively stable. Without
official international recognition however, the country remains underdeveloped and has a
number of development challenges arising from limitations to access external capital. It’s status
as an unrecognized independent sovereign state also impacts the government’s ability to
access loans from international lending bodies like the IMF, or foreign investment. Significant
and deep levels of poverty persist as shown by a range of human development indicators. The
impact of weak economic development and a high fertility rate has led to increasing joblessness
of youth. Across Somalia, two-thirds of youth are unemployed – one of the highest rates of
joblessness in the world. 6 Unemployment among youth in Somaliland is notably high, with
almost 75% of young people without jobs, according to Somaliland’s National Development
Programme.
High school and university graduates become disgruntled and hopeless upon graduation, when
few job opportunities are available and reality kicks in.
A report by Somaliland National Youth Organization (SONYO) shows that unemployment is
driving the current trend of irregular migration of young people from Somaliland.7
According to the SONYO study, “This leaves them [the youth] with a sense of frustration and
hopelessness that drives some of them to take desperate measures.” A report by the RMMS
finds that poverty and economic reasons, insecurity and cultural links are the main drivers of
1 ICMPD, 2010, p. 36.
2 UNHCR Libya, April Factsheet, 2014.
3 UNHCR, UNHCR fears for the safety of thousands of refugees in embattled Libya, 2014.
Available online.
4 UNHCR, Yemen, 2015 UNHCR country operations profile. Available online.
5 RMMS August 2013 “Responses to mixed migration in the Horn of Africa & Yemen: policies
and assistance responses in a fast-changing context”
6 Ibid.
7 IOM, Tackling high unemployment in Somaliland. 2013; RMMS Monthly Summary June
2013.
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mixed migration from and through Somaliland. 8 The report claims that women and girls suffer
disproportionately in the country – a woman has a 1 in 10 chance of dying during her
reproductive years.
The 2012 UNDP Human Development Report on Somalia emphasizes the role on immediate
intervention on youth-focused development. “Youth should be an urgent priority, because
when their successful transition to adulthood is blocked by the lack of human development, one
result is the intergenerational transmission of poverty and risky behaviours as potential drivers
of conflict.9
The so-called Western Route: through Ethiopia, Sudan, Libya and onwards to Europe is the
major route undertaken by Somaliland irregular migrants. While few details are available on the
overall volume of Somaliland migrants using this route, according to some reports between 50
– 150 Somalilanders are smuggled out of the country every month. 10 A significant number
of these are headed westwards, through the border town of Wachalah (Togwajalle in Somali),
at the border with Ethiopia where they are smuggled with the help of qat 11 drivers and
smugglers to the Ethiopian town of Jijiga and onwards to Addis Ababa into Sudan and finally,
Libya. The UNHCR reports that 500 – 3, 000 migrants per month cross the border between
Somaliland and Ethiopia.12
The overland route involves a network of brokers, smugglers and traffickers in Ethiopia, Sudan
and Libya. The distinction between smuggling and human trafficking is at times difficult to
ascertain since the migrant’s status changes during the course of the journey. For example,
someone smuggled out of Somaliland may fall prey to the deceitful or coercive tactics of
traffickers in Khartoum, Sudan and end up being exploited and handed to another group of illicit
traffickers on the border of Libya, in the well-known town of Kufra, where they are again victims
of human trafficking for the purpose of exploitation.
The protection risks along all routes are severe and include a cocktail of physical, sexual
and psychological abuses. On the western route there are numerous reports of excessive
violence and abuse of migrants within both Sudan and Libya. 13 On the eastern route, Yemen
is the main transit country and a number of human rights based organisations have well-
documented evidence of human rights abuses of foreign nationals in the country. 14 International
media has also reported on cases of torture, sexual exploitation, detention, and loss of life.15
While anecdotal evidence exists regarding other deceptive and coercive methods used by
traffickers for the purpose of trafficking victims cross-borders, few other details are
available about the recruitment practices in Somaliland of potential migrants and victims of
trafficking using either the Eastern or Western route. In 2014, one report from Edna Adan
University in Hargeisa, found that abduction was a commonplace tactic used within Somaliland.
More than 84% of those migrating, according to this research, had been victims of abduction.
8 RMMS, Country Profiles: Somaliland, Available online.
9 UNDP Human Development Report, Somalia, 2012. P. 36. Available online.
10 Ibid.
11 Qat or Khat is, according to the Oxford Dictionary, the leaves of an Arabian shrub, which
are chewed (or drunk as an infusion) as a stimulant.
12 Altai Consulting. Mixed Migration: Libya at the Crossroads. Mapping of Migration Routes
and Drivers of Migration in Post-revolution Libya. 2013.
13 US Department of State TIP Report, Sudan, 2014; US Department of State TIP Report,
Libya, 2014; RMMS, Going West, 2014.
14 Human Rights Watch, Yemen’s Torture Camps, 2014. Available online.
15 The Guardian, Libya’s detention centres accused of torturing migrants and refugees, 2014.
Available online. Accessed at: http://www.theguardian.com/world/2014/jun/22/libyas-
detention-centres-accused-torturing-migrants-refugees
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amidst the explosion in human trafficking
This suggests coercive recruitment does occur in Somaliland for the purpose of human
trafficking.
This study establishes that there are elements of human trafficking in Somaliland in the
recruitment, means and exploitation of victims from Somaliland.
Despite the consensus among some stakeholders in Somaliland that voluntary migration and
smuggling does not constitute human trafficking, this report finds that the practice does exist.
Whereas internal trafficking is reportedly less prevalent (although does exist), community
members surveyed both at the household and school levels express that external trafficking is
commonplace (68% respondents) - suggesting a worrying trend.
According to the latest US TIP report and news reports from Hargeisa, the Republic of
Somaliland Government has also identified human trafficking as a major challenge and tasked
The Ministry of Labour and Social Affairs to operate a specialized unit to respond to suspected
trafficking cases. 16 The committee includes Labour and Social Affairs Minister, Minister of
Youth, Sports and Tourism, Interior Minister, Religious Affairs Minister, Information Minister,
Planning Minister, and Justice Minister.
According to TIP, Somaliland officials made efforts to convict human smugglers—including
those potentially intending to exploit migrants in forced labour or sex trafficking upon their final
destination.
These recent developments by the government are indicative of the existence of human
trafficking within and from the country – and the government’s interest in coming up with
effective solutions to prevent further human trafficking from the region. Few details are
available on the prevalence of human trafficking, nor the cases in which alleged traffickers and
smugglers have been effectively prosecuted for the crime of human trafficking.
This report aims to document the specific causes, trends and patterns of human trafficking in
Somaliland, providing much needed insight into the prevalence within the country, including
what is driving Somalilanders out in search of opportunities abroad; where they are headed
and how they are getting there; and what risks they are facing on their journeys.
Purpose and objective
The purpose of this research is to provide insight into and document the specific causes,
trends and patterns of human trafficking in Somaliland. The findings of the survey will be
valuable information and guidance for DRC and other migration and humanitarian actors
(including donors, governments and NGOs) in Somalia, Ethiopia, Yemen and the Gulf who
seek to protect and inform migrants, discouraging increasingly dangerous forms of migration.
The specific objectives of the research are
(i) Contributing to better understanding of human trafficking in Somaliland, how it is
done, why it is done, and the consequences among survivors and the community;
(ii) Create awareness of human trafficking in Somaliland and inform future policies
and actions on prevention, protection and response.
Scope and focus
The study has specifically addressed the following questions:
a) Who is the profile of persons vulnerable to human trafficking in Somaliland?
b) How prevalent is human trafficking from Somaliland?
c) What is the means of migration?
16 US Department of State, TIP Report Somalia, 2014
14 www.drc.dkFight or Flight: The challenge of building sustainable livelihoods for youth in Somaliland
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d) What are the protection risks and violations faced by Somalilanders as they journey west
to Sudan and Libya, or eastwards to Djibouti, Yemen and the Gulf States?
e) Are there any particular trends or patterns that characterise human trafficking in or from
Somaliland?
f) Who is engaged in human trafficking in Somaliland and what is their profile?
g) What is legal and policy framework currently in place to address human trafficking and
are there any gaps or areas for improvement?
1.2 Methodology
This study includes both a desk review of relevant literature and qualitative and quantitative
data by the research team in Somaliland responding to the prevalence of human trafficking in
the country. Reference is made particularly to reports by the International Organization for
Migration and the Regional Mixed Migration Secretariat’s Monthly Summaries. Reports on
transit and destination countries including RMMS series of studies explaining People on the
Move.
The quantitative study is made up from household surveys and school based surveys. A total
of 301 household members drawn from all 5 districts in the capital Hargeisa (232) and the town
of Borama (69) participated in the survey. A total of 296 students participated in the survey
drawn from 20 (8 government and 12 private) secondary schools in Hargeisa.
Following a desk and literature review, Focus Group Discussions with returned human
trafficking survivors, Internally Displaced Persons (IDPs), Male and Female Community leaders
and youth were hosted in the target areas. Key stakeholder interviews with government,
international organisations and NGOs were also held. Finally, 4 case studies with returnees
were conducted for an in-depth understanding of the causes, trends and patterns of human
trafficking from the returned migrant’s perspective.
The study also includes a policy and legislative review focusing on national laws and policy
documents including the constitution, penal code, labour law and immigration law. The review
highlights basic human rights provisions and available protections against human trafficking
related offenses like forced labour, slavery, sexual abuse, and commercial sexual exploitation.
Finally the review includes information obtained from key informants on legislative and policy
measures taken by the Government of Somaliland, as well as gaps and challenges to enforce
existing laws.
1.3 Limitations of the study
As a result of interviews with key stakeholders in government and non-government agencies,
the researchers selected Hargeisa and Borama city as the two commonly identified hotspot
areas with a high prevalence of human trafficking. Due to resourcing and time constraints, the
study was limited to these areas, accessing 301 households and 296 school students for the
quantitative analysis. While key findings have effectively been drawn from this data it is
important for future research to incorporate border towns such as Wachalah (Togwajalle in
Somali) and Loya’ado as well as rural regions.
The interpretation of the term “Tahriib” in the Somali language, meaning “migration”, also posed
a challenge, as Tahriib is commonly used in Somali to encompass both voluntary migration and
human trafficking, without a clear distinction between the two. The discrepancy was identified
early in the study and compensated for by training data collectors on the differences between
migration and human trafficking to better inform their data collection methods. The issue also
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arose in a number of key stakeholder interviews, with only a handful of experts being able to
identify the characteristics of human trafficking and how it differs from people smuggling.
It is acknowledged by the researchers that there was good access to officials and
representatives within the Somaliland government, international organisations and NGOs that
provided sufficient information and anecdotal evidence for the qualitative analysis. It should be
noted however that limitations to access important data, on the premise of national security and
privacy, meant that this study depended heavily on primary information and indirect secondary
sources Thus, this report is limited to information accessed from data and statistics or from
information shared by organisations (such as IOM, UNODC). As such it cannot be viewed as
an exhaustive analysis of human trafficking in Somaliland and should be seen as a ‘pilot study’
for future research and analysis.
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2. The Context
2.1. The legal and policy framework
Legislation relevant to address human trafficking
There is neither a comprehensive anti-trafficking legislation nor do other existing Somaliland
laws have specific provision that directly addresses human trafficking. Likewise, the Somaliland
legal system and governance framework provides no policy instruments that indicate the
commitment and direction of the government in relation to preventing and responding to human
trafficking in the country.
Despite this, the legal framework provides for legal provisions that are relevant to address
human trafficking indirectly and in a limited way. These provisions are found scattered in
different body of laws including in the constitution, the criminal code, the labour law and the
immigration act of the country.
The Somaliland Constitution (2000)
The Constitution of the Republic of Somaliland was ratified by the House of Parliament in 2000
and it is the supreme law of the land. 17 The Constitution has relevance to address human
trafficking in that it guarantees basic human rights principles and provisions guaranteeing
respect and dignity of individuals and protections from violence, discrimination and indignity. It
also proclaims for the recognition of a wide array of rights including political, economic, social
and electoral rights. The most relevant provisions and their content include:
The principle of equality and non-discrimination: The Constitution guarantees equal
rights before the law, and prohibits discrimination on grounds of colour, clan, birth,
language, gender, property, status, opinion etc.
Rights to life, security of the person, and dignity: The right to life, security of the person
and the right to liberty is guaranteed under the Constitution. Physical punishment or any
other injury is prohibited. The dignity, reputation and private life of individuals is respected
and no person shall be deprived of his liberty except in accordance with the law.
Freedom of movement: Every person who is a citizen or lawfully resident in the country
shall be free to move to or settle at any place of his choice, or leave or return to the country
at will.
Right to work and prohibition of forced labour: The Constitution provides for the right
and duty to work and explicitly proclaims the prohibition of forced labour. It also commits
itself to promote the support systems, insurance and safety of employees and to strengthen
the relevant responsible bodies.18
Commitment to international human rights law: Article 10 states that the government
shall observe all treaties and agreements entered into by the former state of Somalia’ and
‘shall act in conformity with the United Nations Charter and with international law, and shall
respect the Universal Declaration of Human Rights.’ 19 Moreover, Article 21 states explicitly
that fundamental rights and freedoms contained in the Constitution ‘shall be interpreted in
a manner consistent with the international conventions on human rights… and that the
legislative, executive and judicial branches of the state and the local government of the
regions and the districts, at all levels, shall be bound by these provisions.’
However, while the status of the Constitution within the hierarchy of domestic legislations is
supreme, there are questions raised as to its status in relation to Islamic law and principles.
Although article 128 states that the Constitution is the supreme law of the land, the same
17 Somaliland Constitution.
18 Article 20, Somaliland Constitution
19 Article 10, Somaliland Constitution
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provision provides that the “Constitution shall be based on Islamic principles.” 20 Another article
specifies that the laws of the nation shall be grounded on and shall not be contrary to Islamic
Sharia21 and any proposal to amend the Constitution is not allowed if it includes a provision
which is in conflict with the principles of Islamic Sharia. 22
The Penal Code (1962)
The Somaliland Government has adopted a ruling that extends the use of the Penal Code of
Somalia (1962) in Somaliland. Though it lacks specific provisions covering human trafficking,
the penal code has extensive provisions that criminalize acts that contain elements or aspects
of the crime of human trafficking. These include:
Enslavement: The Code criminalizes slavery and similar practices with the penalty of
punishing perpetrators who reduce persons to slavery or to a similar condition with
imprisonment from five to twenty years. 23 Dealing and trading in slaves or persons in a
condition similar to slavery, is punished with imprisonment from five to twenty years. 24
Disposing of or transferring a person who is in a state of slavery or a similar condition, or
takes possession of or purchases or holds such person in such state, shall be punished
with imprisonment from three to twelve years, 25 and whoever compels another person to
submit to his own power, so as to reduce him to a total state of subjection, shall be punished
with imprisonment from five to fifteen years. 26 The above provisions related to slavery shall
also apply when the act is committed abroad to the prejudice of a Somali national, provided
that the offender is within the territory of the State when criminal proceedings are initiated. 27
Forced servitude: It is an offence to force another person to compulsory labour or availing
oneself of the services of persons forced to compulsory labour, and is punishable with
imprisonment from six months to five years and fine. 28 Depriving the personal liberty of
another person may result in imprisonment from six months to eight years. 29
Forced sexual activities: According to Article 398 of the Penal Code, the act of rape is
punished with imprisonment which applies also to anyone who has carnal intercourse with
a person of the opposite sex who is incapable of giving consent, or with a person who has
been deceived by the offender impersonating another person. Similarly, acts of lust
committed with violence, unnatural offences committed with violence and abduction for
purposes of lust or marriage are offences. 30
Prostitution: Practicing prostitution in any form is prohibited and is punishable with
imprisonment from two months to two years and with fine. 31 Similar punishment is imposed
on whoever instigates another to commit prostitution, or aids or in any manner facilitates
prostitution, or exploits, wholly or in part, the proceeds of prostitution. 32 The punishment
shall be increased where: the act is committed against a person who is incapable of giving
consent ; the offender is an ascendant, spouse, brother, sister or guardian of the person;
the act is committed against a person entrusted to the offender for care, education,
20 Article 128, Somaliland Constitution
21 Article 5, Somaliland Constitution
22 Article 127, Somaliland Constitution
23 Article 455, Penal Code
24 Article 456, Penal Code
25 Article 457, Penal Code
26 Article 458, Penal Code
27 Article 459, Penal Code
28 Article 464, Penal Code
29 Article 460, Penal Code
30 Article 401, Penal Code
31 Article 405, Penal Code
32 Article 407, Penal Code
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instruction, supervision or custody. Compelling persons, by violence or threats, to commit
prostitution shall be punished with imprisonment from two to six years and with fine. 33
Abduction: Abducting a person under 18 years of age, or a person who is mentally infirm,
from a parent who is exercising parental authority, or from a guardian or trustee, or
detaining such person against the will of the aforesaid people shall be punished, on
complaint of the parent, guardian or trustee. Likewise, whoever abducts or detains a person
who has attained 18 years of age, without the person’s consent, for the purposes other
than lust or marriage, will be liable to punishment, on complaint of the parent exercising
parental authority, the guardian or trustee.34
Other laws
There are some provisions in the other laws of Somaliland that have some significance in
addressing human trafficking. These are:
The Civil Code (1973) defines contracts for labour as one involving agreement for labour
or work in consideration for remuneration. 35 The Code also covers the general principles
that underlie contractual obligations. Liability for “tort” acts committed by employees is
prescribed.36 Accordingly, an employer is liable for the damage caused by an employee
who commits unlawful act in the course of, or in relation to, his employment.”37
Private Sector Employees Law – Law No. 31/2004 (As amended 2010) is in force in
Somaliland which covers all non-public employees, other than casual “daily” workers.38 The
Law governs issues such as: employment contracts, types of contracts, apprenticeships,
registration of employment contracts,39 fundamental employment rights - equality and non-
discrimination on grounds of gender, colour, religion, clan origin, political opinion,
HIV/AIDS,40 health and safety, 41 the employment of young persons,42 and recruitment of
foreign employees. 43 The law also prohibits all employers from employing foreigners
residing illegally in Somaliland without work permit.
Immigration Law (law no. 72, Nov. 1995).44 The law provides for, for instance, conditions
for visits and stay in the country of Somaliland. 45 Visa for activities relating to foreign
workers is regulated.46 There are also specific provisions related to undesirable foreigners
and the procedure of deporting foreigners from Somaliland. 47 The law also lists 20 offences
and the corresponding penalties.48
Relevant policy measures
There are no policy documents accessed by the research team that specifically deal with
migration and human trafficking. The existing policies fall short on referring to migration and
33 Article 408, Penal Code
34 Article 433, Penal Code
35 Article 605, Civil Code
36 Article 171, Civil Code
37 Article 171, Civil Code
38 Somalilandlaw.com
39 Article 24-30 Private Sector Employees Law
40 Article 7, Private Sector Employees Law
41 Article 41-45 Private Sector Employees Law
42 Article 38, Private Sector Employees Law
43 Article 31-32, Private Sector Employees Law
44 Somalilandlaw.com
45 Article 4-16 immigration Law
46 Article 24-29 Immigration Law
47 Article 30-36 Immigration Law
48 Article 37, Immigration Law
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human trafficking and these issues are yet to be mainstreamed in national and sectoral
development plans and programs. An exception could be the Somaliland National Human
Rights Commission, which states in its Strategic Plan (2009-2011), the priority issues of the
Commission include: Violations of Child rights including child labor, child trafficking, neglected
street children and child abuse and violence linked to mixed migration (theft, rape and life
threatening risks at roads or during trajectory). 49 Other bodies such as the non-governmental
Human Rights Centre say they didn’t include human trafficking in their 2013 Annual Report
because there is a little understanding, awareness and facts about the prevalence within
Somaliland. According to their Executive Director, they intend to include it in the 2014 report.
2.2. Existing interventions and gaps
Establishment of National Committee on Human Trafficking
The Government of Somaliland has established a National Committee against Human
Trafficking in 2013 by the direct order of the President of the Republic, A.M.M Siilaanyo.
The Committee is chaired by the Ministry of Labour and Social Affairs. Members include 8
ministries including the Ministry of Interior, Ministry of Justice, Ministry of Resettlement,
Rehabilitation and Reconstruction, Ministry of Labour and Social Affairs, Ministry of Religion,
Ministry of Youth, Ministry of Planning and Ministry of Education.
Achievements so far include the publication by the Committee of the Somali-language
“Information about Human Trafficking in Somaliland” including key recommendations on
education, law, employment and awareness raising based on a series of public consultative
meetings.
Mixed Migration Taskforce
Somaliland joined the Regional IOM-supported Mixed Migration Taskforce in 2007. The main
purpose of the country’s taskforce is for coordination on migration and human trafficking. The
taskforce meets annually with the most recent meetings in Addis Ababa in October 2014. The
Ministry of Foreign Affairs currently chairs the MMTF (formerly the Ministry of Interior was chair).
According to the MMTF major achievements in the past 12 months include;
a) Initiating the drafting of a specialized anti-trafficking law in Somaliland. The initiative is
delayed however as it lacks momentum for lack of technical and financial support;
b) Intelligence sharing with Ethiopia. Talks were recently hosted in Dire Dawa, Ethiopia in
June 2014 with the neighbouring countries agreeing to cooperate, especially on issues
pertaining to national security;
c) Establishing local community committees in border towns to support prevention efforts.
This intervention has been limited to due resource challenges;
d) Voluntary repatriation (UNHCR and IOM) on Somaliland citizens from Djibouti, Yemen as
well as Libya, and ongoing dialogue with Europe to support this process (MOFA and MRRR
support the return)
Close cooperation with neighbouring countries
There is close cooperation and collaboration with neighbouring countries particularly Ethiopia
and Djibouti. An outcome includes establishment of the first border control point at Loya-ado.
Others include the organization of working visits to Addis Ababa and Djibouti to attend meetings
of MMTF. Informants from Somaliland Police confirm that there is a high degree of cooperation
with the police and security structures and money transfer agencies in Ethiopia. The police
49 National Human Rights Commission, Strategic Plan, 2009-2011.
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