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District Conflict and Security Assessment

BAIDOA DISTRICT

DECEMBER, 2013

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AUTHORS AND CONTRIBUTORS

Ahmed Musa (Lead Researcher, OCVP)

Asiya Osman (Researcher, OCVP)

Kenneth Mutinda (Researcher, OCVP)

Omar Abshir (Data Analyst, OCVP)

©The Observatory of Conflict and Violence Prevention

All rights are reserved. Requests for permission to reproduce or translate OCVP’s publications – whether for sale or for non-commercial distribution – should be addressed to the OCVP via (email: info@ocvp.org). Publications of OCVP can be obtained from our offices in Hargeisa, Somaliland, or could be downloaded from our website www.ocvp.org.

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ACKNOWLEDGMENT

The Observatory of Conflict and Violence Prevention (OCVP) would like to thank the interviewees and survey participants who gave us their precious time and shared their thoughts on such sensitive issues.

We also thank the Department for International Development of the United Kingdom, for providing us with financial support needed to undertake this survey through the United Nations Development Programme for Somalia

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Contents ACKNOWLEDGMENT .............................................................................................................................................................................................. ii

The Study Area Map ............................................................................................................................................................................................. vii

Executive summary ............................................................................................................................................................................................. viii

Security providers ............................................................................................................................................................................................ viii

Justice providers .............................................................................................................................................................................................. viii

Governance providers ....................................................................................................................................................................................... ix

Conflict and violence ......................................................................................................................................................................................... ix

1. Methodology ..................................................................................................................................................................................................... 2

1.1. Sampling Methodology .......................................................................................................................................................................... 2

1.2. Household survey................................................................................................................................................................................... 2

1.4. Key Informant Interviews ....................................................................................................................................................................... 4

1.5. Limitations ............................................................................................................................................................................................. 4

2. Profile of Respondents....................................................................................................................................................................................... 6

3. CONFLICT AND VIOLENCE, SECURITY, JUSTICE AND GOVERNANCE. .................................................................................................................... 8

3.1. SECURITY PROVIDERS.................................................................................................................................................................................. 8

3.1.1. Level of Deployment ............................................................................................................................................................................ 8

3.1.2. Preference of the security providers..................................................................................................................................................... 9

3.1.3. Perception of security providers ..........................................................................................................................................................11

3.2. JUSTICE PROVIDERS ...................................................................................................................................................................................14

3.2.1. Level of deployment ............................................................................................................................................................................14

3.2.2. Performance of the justice providers ...................................................................................................................................................14

3.2.3. Perception of justice providers ............................................................................................................................................................20

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3.3. GOVERNANCE PROVIDERS .........................................................................................................................................................................23

3.3.1. Level of deployment ............................................................................................................................................................................23

3.3.2. Performance of the governance providers...........................................................................................................................................24

3.3.3. Perception of governance providers ....................................................................................................................................................26

3.3.4. Performance of the local authority ......................................................................................................................................................26

3.4. CONFLICT AND VIOLENCE...........................................................................................................................................................................29

3.4.1. Dynamics of Conflict and violence .......................................................................................................................................................29

3.4.2. Level of experience .............................................................................................................................................................................30

3.4.3. Perception of Safety ............................................................................................................................................................................31

4. CONCLUSION ....................................................................................................................................................................................................34

5. Annexes ............................................................................................................................................................................................................35

Annex 5.1: Sample size .....................................................................................................................................................................................35

Annex 5.2: Glossary of Terms ............................................................................................................................................................................36

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Table of Figures

Figure 1: Number of male and female respondents within subdivisions ................................................................................................................. 3 Figure 2: Percentage of respondents within subdivisions (by gender) .................................................................................................................... 3 Figure 3: Gender of the respondents ..................................................................................................................................................................... 6 Figure 4: Respondents’ age groups (by gender) ..................................................................................................................................................... 6 Figure 5: Respondents’ marital status .................................................................................................................................................................... 7 Figure: 6: Respondents’ level of education (by gender) .......................................................................................................................................... 7 Figure 7: Respondents’ estimation of the number of police stations ...................................................................................................................... 8 Figure 8: Respondents’ estimation of distance to police station ............................................................................................................................. 9 Figure 9: Respondents’ preference of reporting civil Cases: land disputes, divorce etc. (by gender) ....................................................................... 9 Figure 10: Respondents’ preference of reporting on petty crimes: robbery, household violence (by gender) ........................................................10 Figure 11: Respondents’ preference of reporting on serious crimes: grave assaults, rape and murder (by gender) ...............................................10 Figure 12: Most trusted security provider in responding to crime .........................................................................................................................11 Figure 13: Most trusted security provider in responding to crime (by gender) ......................................................................................................12 Figure 14: Reason for choice of police as the most trusted security provider (by gender)......................................................................................12 Figure 15: Respondents’ level of confidence in the formal security provider (Police) ............................................................................................13 Figure 22: Respondents’ referral to the courts (by gender) ...................................................................................................................................16 Figure 23: Respondents’ account of the issues taken to courts .............................................................................................................................17 Figure 24: Respondents’ account of the issues taken to courts (by gender)...........................................................................................................17 Figure 25: Respondents’ account on issuance of judgments..................................................................................................................................18 Figure 26: Respondents’ account on the enforcement of judgments.....................................................................................................................18 Figure 27: Respondents’ usage of elders ...............................................................................................................................................................19 Figure 28: Usage of elders (by gender) ..................................................................................................................................................................19 Figure 29: Respondents’ usage of religious leaders ...............................................................................................................................................20 Figure 31: Respondents’ trust of justice providers ................................................................................................................................................21 Figure 32: Respondents’ trust of justice providers (by gender)..............................................................................................................................21 Figure 33: Respondents’ reason of choice (by gender) ..........................................................................................................................................22 Figure 34: Respondents’ level of confidence in the formal justice system .............................................................................................................22

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Figure 34: Respondents’ awareness of elected local council .................................................................................................................................23 Figure 36: Respondents’ awareness of the services provided by the local councils (by gender) .............................................................................23 Figure 37: Respondents’ awareness of the services provided by the local council .................................................................................................24 Figure 38: Respondents’ awareness of communication channels ..........................................................................................................................24 Figure 39: Respondents’ awareness of communication channels (by gender) .......................................................................................................25 Figure 40: Respondents’ participation in local government consultations .............................................................................................................25 Figure 41: Frequency of participation in local government consultations (by gender) ...........................................................................................26 Figure 42: Respondents’ perception towards the importance of elected representatives .....................................................................................26 Figure 43: Respondents’ opinion about important services provided by the local council .....................................................................................27 Figure 44: Respondents’ opinions about the most pressing local issues ................................................................................................................27 Figure 45: Respondents’ awareness of conflict occurrence ...................................................................................................................................29 Figure 46: Respondents’ awareness of conflict occurrence ...................................................................................................................................29 Figure 47: Respondents’ estimation of the level of conflict (by gender) ................................................................................................................30 Figure 48: Respondents’ account of the causes of conflict ....................................................................................................................................30 Figure 49: Respondents’ account of the causes of conflict (by gender)..................................................................................................................31 Figure 50: Respondents’ account of witnessing a crime against someone outside the homestead ........................................................................31 Figure 51: Respondents’ perception of safety in the area .....................................................................................................................................32 Figure 52: Respondents’ perception of safety in the area (by gender) ...................................................................................................................32 Figure 53: Respondents’ perception of safety in the area (Year to year trend by gender) ......................................................................................33 Figure 54: Respondents’ perception of safety in the area (year to year trend by locality) ......................................................................................33

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The Study Area Map

Map of Baidoa: Adopted from UNFPA

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Executive summary

Baidoa, also known as “Baidoa Janaay” was established approximately in 1913. It is situated roughly 247 kilometres by road southwest of Mogadishu. Baidoa is the capital of Bay region which borders with Gedo, Hiran, Bakool, Lower Shabelle and Lower-Jubba regions of Somalia. The city served as the nation’s capital city for a short period of time in 2005 when it was the seat of the Transitional Federal Government (TFG). On January 2009 Al-Shabaab seized the control of the city, leading to the removal of the TFG. In February 2012, Ethiopian troops and the TFG recaptured it and in May 2012 AMISOM troops replaced the Ethiopian troops. Baidoa has four main subdivisions: Isha, Bardale, Horseed and Hawl wadag.

Continual assessment of issues directly affecting community safety and security is critical to effective evidence based programming and measuring the impact of related programmatic interventions: it enables a better understanding of what works and doesn’t work at the community level. With this in mind district level assessments map out and provide a better understanding of issues that affect targeted communities across the Somali regions. By using key indicators for selected thematic areas, this report provides an assessment on the state of conflict, governance, justice as well as safety and security in Baidoa District. This assessment was conducted in Baidoa District from 12 to 16th December, 2013 and the following are its key findings:

Security

The police in Baidoa were observed to be severely understaffed and lacking facilities, with just 2 police stations for the entire district, only one of which was operational at the time of the field mission. The security void has been filled by the presence of other security providers such as the 2 AMISOM regiments present in the district as well as a large civilian police force. Customary methods of maintenance of peace and order in the community were also observed to be predominant in the provision of security services in Baidoa; traditional elders were the second most commonly mentioned option for reporting whenever any of the household survey respondents had a problem involving civil matters, petty or serious crimes. Despite their challenges, the police were the most trusted security provider overall. Ease of access and relatively fast response were the two most cited reasons for the trust in the police. In general, the level of confidence in the police as the formal security provider was high excepting the case of Hawl wadag which recorded the most negative level of confidence.

Justice

Though there are technically 3 courts in Baidoa (the Regional Court and District court combined together and the Court of Appeal), most respondents in the survey were only aware of one. The courts themselves were observed to be in a condition as dire as that of the police, with

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the Regional and District Court in fact having no premises and having to use 2 ill-equipped rooms in the police station. There were reports of judicial staff going without pay for the last year and having to depend on civilians willing to personally pay for services. Horseed sub-division consistently reported the least numbers of respondents who had used any of the justice providers for an issue of justice in the last 12 months while Hawl wadag on the other hand, posted the greatest numbers of respondents using any of the justice providers. Overall, more people had used traditional elders than had used the courts in Baidoa over the last 12 months. Religious leaders were also significantly used more than courts, and more so by female respondents who considered them more trustworthy than the courts.

Governance

Less than half of the respondents in Baidoa were aware of the existence of an elected local council. There was also a corresponding level of unfamiliarity with any services provided by the local council, except in the case of Horseed which recorded a relatively high level of awareness. Awareness of communication channels and participation in consultations between the community and elected representatives, however, were low across the board. Security was the most important service the local council could offer in the opinion of the survey respondents and the lack of it was only less pressing a local issue than unemployment.

Conflict and violence

Baidoa has witnessed a reduction in the levels of clan conflict that it was historically notorious for since Al-Shabaab and later AMISOM had taken control of the area. This reduction in clan conflict unfortunately did not come with a reduction in violence or crime, a significant number of respondents still reported witnessing conflict within the last 12 months most of whom were in Bardale subdivision. An even higher number of respondents had witnessed a crime being committed against someone outside of their homestead. Land and water resources were the most common cause of conflict in the district. Unregulated possession of firearms by civilians was said to be a major threat to security in some discussions and also said to be of no consequence to security in other discussions, therefore this remains a matter that warrants the need for further in-depth investigation.

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1. Methodology

This District Conflict and Security Assessment report was compiled by the OCVP Research team following a field mission conducted from the 12 to 15 December 2013. A mixed method approach was utilized, with both quantitative and qualitative data being collected concurrently during that period. A household survey and focus group discussions intended to complement the quantitative data obtained from the survey commenced on the same day. Key informant interviews were meant to probe deeper into the issues that were arising in the survey and group discussions as well as cross validating the data gathered and were conducted on the last two days of the field mission. The quantitative data was analysed with the use of Statistical Package for Social Science (SPSS) version 21. The qualitative data was subjected to thematic analysis, using a largely, but not exclusively, deductive approach. The main themes for coding were developed before the mission in line with the hypotheses but further coding was inductively included during analysis. A representative sample size was calculated for the household survey prior to the data collection which took into consideration certain statistical parameters.

1.1. Sampling Methodology

A Scientific formula1 was employed to determine a representative sample size, taking into account certain statistical parameters such as the level of confidence desired (i.e. 95%), the sample design

1 See Annex 5.1 for the further information on the formula

effect (1.5.), margin of error (+ or – 7%) and assumptions that some security correlation existed within the subdivisions (i.e. 0.3)

A p-value of 0.3 assumes cluster correlation above a random normal distribution of 0.5. This is a reasonable assumption based on the topic of the survey – respondents within subdivisions are likely to possess a correlating relationship between their perceptions based of the surrounding security environment. This is further backed on past OCVP experience in which those from the same area tend to exhibit similar perceptions on security.

To that end, a total of 239 household questionnaires were calculated for Baidoa, following an assumption that the 4 main subdivisions of Baidoa have equal population.

1.2. Household survey

The survey utilized a revised version of the original questionnaire that was developed in 2012 and previously used for the District Conflict and Security Assessments and was conducted from 13 to 15 December 2013. The aim was to capture the necessary quantitative data targeting level of deployment, level of use and perception by the community in four key areas of security, justice provision, governance provision and conflict.

The research team, together with a knowledgeable local organizer, determined the main possible geographical subdivisions of the town which were namely: Isha, Bardale, Horseed and Hawl wadag. The researchers finalized the survey methodology by determining to randomize a sample of 60 households from each of the four main subdivisions; IDPs were stretched across subdivisions and hence

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were included in the subdivision samples. Four data enumerators with profound local knowledge who could understand the local dialect were recruited and trained on the questionnaire and household selection methodology. The four data enumerators under the supervision of OCVP data analyst together with the local organizer were able to establish borders between subdivisions.

It must be noted that the systematic selection of a Kth (randomised selection) household was not possible in Baidoa due to the fact that people were very sensitive to talk to strangers on security matters, secondly, enumerators could risk their lives as they could not distinguish sympathisers of Al-Shabaab from non-sympathisers. For this reason, household selection was largely based on acquaintance, familiarity and connections. One respondent above 18 years of age was interviewed per household.

Figure 1: Number of male and female respondents within subdivisions

Figure 2: Percentage of respondents within subdivisions (by gender)

1.3. Focus Groups Discussions

The second tool utilized was a series of focus group discussions aimed at recording perceptions of the nature of insecurity in the district, its causes, and the individuals or institutions that have the power to prevent violence and disputes; or stop them if they occur; the participants’ perception of justice and security providers was also investigated. The focus group discussions were conducted from 13 to 14 December, 2013 in Baidoa District Safety Committee new

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premises; three focus groups met per day, with each discussion lasting approximately one hour.

The discussions included 7 separate groups: women, youth (male and female in the same group) business persons (male and female in the same group), traditional elders, religious leaders and IDPs (male and female in the same group). In Baidoa one more additional group – The Baidoa Chamber of Commerce Committee - were interviewed by OCVP researcher since this group was composed mainly of elites who could speak the Mahatidhi dialect. Each group had ten participants of various educational levels, clan-lines, geographic coverage, social class, and age groups. These groups were constructed to have characteristics of the target population and hence could be representative.

The discussions were intended to provide platforms for engaging with the groups and were led by a locally recruited and trained facilitator who could understand the local Maay dialect- with the use of a revised version of the FGD questionnaire as a guide but not limiting the scope of the discussion under the direct observation of OCVP researcher . The facilitator was simultaneously taking the discussion notes.

1.4. Key Informant Interviews

The third tool employed for the data collection was qualitative interviews with key informants who possess experiential knowledge about conflict dynamics, justice, security and governance of Baidoa. The aim of the interviews was to go deeper into issues raised in the focus group discussions, get specialized input on the issues raised and cross-validate findings from the FGDs.

The interviews were conducted from 14th -15th December 2013 at several locations; each interview lasted for about half an hour, except the interview with the Police Commissioner who could only be interviewed briefly while on a supervisory mission. Seven individuals including: the Mayor, a key Religious Leader, the Police Commissioner, District Court Prosecutor, key Traditional Elder and The Baidoa Chamber of Commerce Committee’s chairperson were interviewed.

The local organizer and the Centre for Peace and Democracy (CPD) in Baidoa assisted in the scheduling of the interviews and the OCVP researcher conducted the interviews which began with questions that were tailored to the position of the interviewee which generally cut across the thematic areas of governance, justice, security and conflict and violence, followed by cross-validation of the findings when needed.

1.5. Limitations

While this is a District Conflict and Security Assessment for Baidoa, it is critical to emphasize that this assessment presents data collected in in the urban areas in Baidoa alone. The town is not only the administrative capital of the district but also a cosmopolitan amalgamation of migrants from all peri-urban and rural areas of the district. In addition, the conditions that would allow the measurement of the indicators on justice, governance, security and conflict were prevailing. Rural areas of the district were not considered due to the time and budgetary allocations.

The security situation of the area presented another limitation as it affected the household selection methodologies- as mentioned

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previously - the selection was largely based on connections and acquaintances rather than systematic selection of Kth household. Insecurity also discouraged a prolonged stay in the field. The language barrier also presented a challenge for the OCVP team and most qualitative data was collected through the assistance of a local facilitator well-versed in Maay dialect.

An additional limitation was the absence of a reliable population frame and national statistics on population parameters which could have been very helpful for the calculation of a sample size. Researchers employed rule of thumb estimations on the scientific parameters in the sample size formula.

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2. Profile of Respondents

As observed in the previous section, the household survey involved a slightly higher number of male respondents than female respondents. The 132 men spoken to during the data collection phase of the study represented 55% of the total number of respondents, compared to the 45% formed by the 107 female respondents (Fig 3).

Figure 3: Gender of the respondents

Figure 4: Respondents’ age groups (by gender)

The respondents were all above 18 years old, with 98 of them falling between 20 and 29 years of age ( 41% of the sample population), with those between 30 and 39 years old being the next most populous section of the sample at 28% and those between 40 and 49 years of age being next at 15% (Fig 4). The age groups consisting of respondents under 20 years and above 50 years all had fewer participants, making up less than 10% of the entire sample. Slightly more than a half (53%) of the respondents were married and about a quarter (24%) were single while those who were divorced or widowed each made up 13% and 9% respectively (Fig 5).

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Figure 5: Respondents’ marital status

On the grounds of the level of education, the largest category of respondents (68 respondents) had Quranic education (Madrasa) and most of these were female (41 female respondents). The largest category of men (43 men) had Secondary School education. In general, there was observed a more or less smooth gradient in the distribution of the levels of education among the respondents, with only 3% of the sample reporting that they had no form of education at all (Fig 6).

Figure: 6: Respondents’ level of education (by gender)

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3. Conflict and Violence, Security, Justice and Governance Providers

3.1. SECURITY PROVIDERS

3.1.1. Level of Deployment

There are currently only two functional police stations in Baidoa; the Central Police Station in Hawl and Saldhig Bari Police Station in Horseed. In Isha subdivision most respondents were only aware of one station while in Horseed most respondents thought there were 3 stations. Most respondents in Hawl wadag knew the correct number of police stations in the district to be 2 while in Bardale the respondents were divided into three almost equal groups opining that there was 3, 2 or just 1 police station in the district (Fig 7). For an area the size of Baidoa (the city itself is approximately 15 square kilometres) it was felt that 2 police stations were insufficient and that an additional two would have been more proportional to the security needs2. In all focus group discussions it was stated that there simply aren’t enough police officers to serve the entire district.

2 Colonel Mohamed Abdirahman, Police Commissioner, Key Informant Interview, Baidoa, 15th December 2013

Figure 7: Respondents’ estimation of the number of police stations

Despite there being a police station in Horseed figure 8 below shows that at the time data collection for this report was being done, respondents from this subdivision took the most time to reach their police station. The Police Commissioner clarified this paradox making it known that the Saldhig Bari (Horseed) station was currently under renovation and therefore not in operation.

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Figure 8: Respondents’ estimation of distance to police station

Focus group discussion inferred that whatever void exists through the inadequate coverage and deployment of police in Baidoa seems to have been covered by the presence of other security providers. The UN sanctioned African Union Mission in Somalia (AMISOM) has two bases in the district and they provide a constant deterrence to the threat of attacks by militants. In addition, there is an ad-hoc civilian police force that was established in February 2012 with the support of Ethiopian troops. This civilian force has a clear command structure and along with the provision of security in the neighbourhoods, also acts as an intelligence gathering institution3.

3 Women Group, Focus Group Discussion, Baidoa, 15th December 2013

3.1.2. Preference of the security providers

Despite the meagre human resource capacity, insufficient facilities and the fact that large swathes of the district are still not under the control of the government4, the police were still the first choice for reporting in the incidence of problems involving civil matters, petty crime or serious crime (Fig. 9, 10 and 11). In all instances, traditional elders were the second most mentioned option (Fig. 9, 10 and 11), the courts were third for civil matters and serious crimes (Fig. 9 and 11) while religious leaders were third for petty crimes (Fig. 10).

Figure 9: Respondents’ preference of reporting civil Cases: land disputes, divorce etc. (by gender)

4 Colonel Mohamed Abdirahman, Police Commissioner, Key Informant Interview, Baidoa 15 December 2013

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Figure 10: Respondents’ preference of reporting on petty crimes: robbery, household violence (by gender)

The local authority was also mentioned as an alternative entity to report to, but only by very few respondents and only in instances involving civil matters (2% - Fig 9) and petty crime (4% - Fig 10). From a gender perspective there weren’t many significant variations; the most visible observation was that in all instances, more men than women preferred traditional elders, in the case of petty crimes, twice as many men.

Figure 11: Respondents’ preference of reporting on serious crimes: grave assaults, rape and murder (by gender)

During the field mission it was also observed that there were unusually high numbers of armed civilians in the town. Conventionally, this would be thought to pose a challenge to the effective delivery of services by the formal security providers but in a focus group discussion, the members of the Baidoa Chamber of Commerce Committee adamantly stated that this is not the case in the town. According to them, the community is not threatened by the presence of armed civilians; in fact those individuals could form

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a much needed extra military or police unit if they were recruited properly5.

3.1.3. Perception of security providers

In keeping with the above observations, it was also noted that the police were the most common choice for the most trusted security provider in responding to crimes and violence. The police were a clear favourite in all areas except Hawl wadag subdivision where the courts were the most mentioned entity. In Isha, while most people mentioned the police, most of the remaining people mentioned traditional elders while in Bardale, most of these who did not choose the police chose the courts. In Horseed, the police were favourites by the smallest margin, followed by religious leaders (Fig 12). During focus group discussions it was agreed by participants that, despite delays, the police still remained the institution that most responds to crime and violence. There were however some claims of police brutality and excessive use of force in the process of responding to crime and violence by the police. It was alleged that the police are prone to harassing anybody near the scene, and more particularly, harassing youth because they consider all youth to be sympathisers of militant groups6.

5 Baidoa Chamber of Commerce Committee, Focus Group Discussion, Baidoa, 15th December 2013 6 Youth Group, Focus Group Discussion, Baidoa, 13th December 2013

Figure 12: Most trusted security provider in responding to crime

There was also no major gender variation observed with respect to this question the preference of religious leaders was mentioned by slightly more women than men (Fig 13).

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Figure 13: Most trusted security provider in responding to crime (by gender)

Figure 14: Reason for choice of police as the most trusted security provider (by gender)

Ease of access to the police as well as their relatively fast response were the two most commonly offered reasons among the 54% of respondents that had expressed trust in the police (Fig 14).

Finally when respondents’ perceptions were sought out with regard to the level of confidence they had in the police as the formal security provider, 64% of their responses were positive i.e. high or very high (Fig 15). Most negative attitudes toward the performance of the police were noted to be in Isha and Hawl wadag with respondents reflecting low or very low confidence outweighing respondents with positive answers, and making up a cumulative 26% of the sample population.

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Figure 15: Respondents’ level of confidence in the formal security provider (Police)

The level of confidence in the police as a formal security provider did not vary markedly across gender lines (Fig 16).

Figure 16: Respondents’ level of trust in the formal security provider (Police) (by gender)

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3.2. JUSTICE PROVIDERS

3.2.1. Level of deployment

In Baidoa, there is a District Court and Regional court that are combined together as well as a Court of Appeal. The District Court in particular, which has 6 permanent staff members that include a chairperson, assistant, clerk and a process server, has no premises and instead uses 2 ill-equipped rooms in the police station.

Figure 17: Respondents’ estimation of the number of courts

Most respondents in Bardale and Horseed were aware of the existence of only one court, in Isha more people were aware of the existence of two courts while in Hawl wadag almost as many people

thought there were two courts as those who thought there was just one and some people actually knew that there were 3 courts (Fig. 17).

Figure 18: Walking distance to the court

Most respondents estimating the shortest time it would take them to walk to the nearest police station were in Bardale while most of those estimating the longest time were in Horseed sub-division (Fig 18).

3.2.2. Performance of the justice providers

In those circumstances, 20% of the respondents in Baidoa had used courts in the last 12 months. This percentage was generally spread out across 3 of the subdivisions; Bardale, Isha and Hawl wadag. In

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Horseed, only people representing less than 1% of the sample population reported having used courts in the last 12 months (Fig 19).

Across gender lines, the distribution of those who had used the courts in the last 12 months has not significantly varied although slightly higher proportion of men had used courts than women (Fig 20).

Figure 19: Respondents’ usage of courts

Figure 20: Respondents’ usage of courts (by gender)

A pattern similar to that regarding the usage of courts was observed in the responses regarding awareness of the existence of a legal clinic in Baidoa. Very low levels of awareness were recorded across the subdivisions with the very least levels of awareness being in Horseed (Fig 21).

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Figure 21: Respondents’ awareness of existence of a legal clinic

Of the 50 respondents in Baidoa that had used the courts, most of them had been referred to those courts by the police. More female respondents had been referred by family members than by police while more men than women had been referred to the courts by the traditional elders and police (Fig 22).

Figure 16: Respondents’ referral to the courts (by gender)

The most common issues referred to the courts were disputes over land and water resources, having been mentioned by the largest segments of the population samples in both Bardale and Isha and the second largest segment in Hawl wadag. In keeping with the pattern observed with regards to Horseed sub-division, where only 2% of the 50 respondents had used the court, the only issue mentioned was robbery. In Hawl wadag, robbery and household violence were both reported more than in any other sub-division (Fig 23).

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Figure 17: Respondents’ account of the issues taken to courts

As noted before, the most common issues adjudicated in the courts were disputes over land and water resources, accounting for over half of all the respondents who had used courts (52%). Household violence and robbery accounted for 26% and 20% respectively (Fig 24). Athough it did not feature significantly in the household survey data, rape was mentioned by the District Court Commissioner as one of the issues adjudicated in the formal courts, he added that

most of the defendants seem to be military personnel and police officers7.

Figure 18: Respondents’ account of the issues taken to courts (by gender)

The District Court Commissioner averred that despite the severe challenges facing the formal justice system the District Court together with the Regional Court in Baidoa had handled

7 Sh. Mohamed Jibril Adan, District Court Commissioner, Key Informant Interview, Baidoa, 15th December 2013

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approximately 200 cases in the last 12 months, for which judgements were issued for most cases8.

Figure 19: Respondents’ account on issuance of judgments

With respect to the household survey respondents, 39 out of the 50 that had used courts (76%) said that a judgment had been issued (Fig 25). In qualitative discussions there were claims of interfrence with the enforcement of judgments from the courts by government oficials and traditional elders9. The District Court Commissioner himself stated that if the defendant is a police officer, the judgment

8 Sh. Mohamed Jibril Adan, District Court Commissioner, Key Informant Interview, Baidoa, 15th December 2013 9 See comment

may never be enforced10. Nonetheless 86% of the 39 household survey respondents who had said that judgments had been issued in their cases, also said that those judgments were enforced (Fig 26).

Figure 20: Respondents’ account on the enforcement of judgments

More household survey respondents (61 compared to 50) had used traditional elders in the last 12 months than those who had used the formal court. They made up 26% of the total sample and most of them were in Bardale Isha and Hawl wadag sub-divisions (Fig 27). Of these that had used traditional elders, a slightly higher number was drawn from the male respondents (Fig 28).

10 Police Commissioner, Key Informant Interview, Baidoa, 14th December 2013

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Figure 21: Respondents’ usage of elders

Figure 22: Usage of elders (by gender)

A factor that may have contributed to this relative preference for the informal justice providers may be the frequent allegations of corruption within the formal system as well as the length of cases11. The participants of the women focus group discussion in particular, expressed confidence in the religious leaders, not because of reasons peculiar to that institution but because they were of the

11 Youth Group, Focus Group Discussion, Baidoa, 13th December 2013

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opinion that at least it did not experience the failures of the formal system12. In keeping with this hypothesis, it was observed that 54 of the respondents (22% of the entire sample) had used religious leaders in the past 12 months (Fig 29). It was further noted that they comprised a slightly higher number of female respondents than male respondents (29 female respondents compared to 25 male respondents) (Fig 30).

Figure 23: Respondents’ usage of religious leaders

12 Women Group, Focus Group Discussion, Baidoa, 15th December 2013

Figure 30: Respondents’ usage of the religious leaders (by gender)

3.2.3. Perception of justice providers

It would follow then, that the courts would fall in third place behind the religious leaders when the respondents were asked which of the several justice providers they trusted the most. The business peoples’ focus group discussion highlighted, however, that despite the low capacity and unreliability of the courts, the power of enforcement that they possess makes them an attractive proposition to claimants with highly contentious issues13. Perhaps

13 Business persons, Focus Group Discussion, Baidoa 15th December 2013

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for this reason then, the courts were second at 38% behind the religious leaders at 41% and ahead of the traditional elders at 20% (Fig 31). Horseed sub-division, along with Bardale had some of the highest level of preference for religious leaders and some of the lowest levels of preference for the courts.

Figure 24: Respondents’ trust of justice providers

Figure 25: Respondents’ trust of justice providers (by gender)

Those household respondents who trusted the courts were asked why they had trusted the courts over other justice providers. Their trust came from the fast decision and fair judgments the courts provided which is indicated in figure 32.

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Figure 26: Respondents’ reason of choice (by gender)

Among the 96 respondents who had stated that they trust religious leaders most, the most common offered reasons were fair judgment and greater reliability (Fig 33). Despite indications in the qualitative interviews and discussions that the court would have low levels of confidence, the formal justice system, which comprises the courts, judicial officials, the police and the custodial services, received positive ratings. The only negative perceptions were recorded in Horseed (Fig 34).

Figure 27: Respondents’ level of confidence in the formal justice system

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3.3. GOVERNANCE PROVIDERS

3.3.1. Level of deployment

Under half of the respondents (44%) from Baidoa reported an awareness of a local elected council (Fig 35).

Figure 28: Respondents’ awareness of elected local council

Respondents were generally unaware of the services provided to them by the local councils (35%). A slightly higher level of ignorance was observed among the male respondents (Fig 36).

Figure 29: Respondents’ awareness of the services provided by the local councils (by gender)

Of the four sub-divisions, a higher level of familiarity with respect to the services provided by the local council was observed in Horseed however the level of ignorance regarding services was generally high (Fig 37).

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Figure 30: Respondents’ awareness of the services provided by the local council

3.3.2. Performance of the governance providers

The lack of awareness of communication channels reflected in the respondent’s answers was even more pronounced (Fig. 38) and there was no real divergence between male and female respondents (Fig 39). The Mayor of Baidoa spoke about the resignation of local councillors, with some leaving the district, after Baidoa fell under Islamist control in 2009 and only returning in 2012. Although the Transitional Federal Government issued a decree extending the office of the local council some councillors

never returned to their positions. Baidoa has suffered from a physical and political absence of local governance in the past few years.14

Figure 31: Respondents’ awareness of communication channels

14 Hassan Mahlin Ahmed “Biikole”, Mayor, Key Informant Interview, Baidoa, 15Th December 2013

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Figure 32: Respondents’ awareness of communication channels (by gender)

Of those that were aware of the existence of communication channels between the community and its elected representatives, 32% or 16 people in total had participated in consultations between the community and its representatives within the last 12 months (Fig 40).

Figure 33: Respondents’ participation in local government consultations

70% of the proportionally small number of people who had participated in consultations had done so only once or twice (Fig 41).

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Figure 34: Frequency of participation in local government consultations (by gender)

3.3.3. Perception of governance providers

Despite the low numbers reflected with regards to levels of awareness of the existence of channels of communication or the participation in consultations, 94% of all respondents in the household survey expressed the importance of having elected representatives (Fig. 42).

Figure 35: Respondents’ perception towards the importance of elected representatives

3.3.4. Performance of the local authority

Security was cited as the most important service provided by the local government, having been pointed out by 28% of the respondents while sanitation, health, and education also figured strongly (Fig 43).

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Figure 36: Respondents’ opinion about important services provided by the local council

Figure 37: Respondents’ opinions about the most pressing local issues

Unemployment was proportionally the most cited pressing concern across the 4 sub-divisions (35% of respondents’ answers) followed by insecurity (24%) however there is a relative even distribution across other issues bar poor sanitation (which figured strongly in Hawl wadag) (Fig. 44). Youth focus group discussions stated that services such as water and electricity were provided by local private companies and that local people found their own means of waste

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collection.15 The Mayor argued that local councillors work on security, provide services and collect tax from customs and also support prisons out of the small revenues the institution generated. The local authority’s ability, however, to collect tax is weakened by the absence of a Tariffs Act which impacts on their ability to deliver services. Insecurity also proves a challenge to the local authorities in delivery of required services16.

15 Youth Group, Focus Group Discussion, Baidoa, 13th December 2013 16 Hassan Mahlin Ahmed “Biikole”, Mayor, Key Informant Interview, Baidoa, 15th December 2013

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3.4. CONFLICT AND VIOLENCE

3.4.1. Dynamics of Conflict and violence

The study reflects a low level of conflict between clans in Baidoa – 19% had witnessed conflict between clans in the past 12 months (Fig. 45). It has been noted that the occurrence of conflict is approximately equal between the subdivisions (Fig 46). According to a traditional elder Baidoa was renowned for clan conflicts since the collapse of the former regime – however they were reduced after Al-Shabaab and later AMISOM took control of the district.17

Figure 38: Respondents’ awareness of conflict occurrence

17 Traditional Elder and Religious Leader, Key Informant Interviews, Baidoa, 12th December 2013

Figure 39: Respondents’ awareness of conflict occurrence

Currently the city is witnessing power struggles between the government backed by AMISOM troops and Al-Shabaab according to focus group participants18 and the Traditional Leader19. There were also conflicts between local leaders on the establishment of a new semi-autonomous state consisting of six regions20 and local

18 Youth Group, Focus Group Discussion, Baidoa, 13th December 2013 19 Traditional Elder and Religious Leader, Key Informant Interviews, Baidoa, 12th December 2013 20 Bay, Bakool, Lower Shabelle, Gedo, Lower Juba and Middle Juba

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politicians backed by the Federal Government that wanted a state comprising of six regions21.

Figure 40: Respondents’ estimation of the level of conflict (by gender)

Male respondents witnessed a higher occurrence of conflict over their female counterparts (Fig 47).

21 Bay, Bakool and Lower Shabelle

3.4.2. Level of experience

Land disputes were the most predominant cause of conflict within the last 12 months in Baidoa, being mentioned by 64% of the respondents that had witness conflict (Fig 48).

Figure 41: Respondents’ account of the causes of conflict

An analysis of the respondents accounts of the causes of conflict in Baidoa disaggregated by gender showed largely the same trends as had been observed when analysing by locality, excepting the observation that only women cited power and cultural struggles as causes (Fig. 49).

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Figure 42: Respondents’ account of the causes of conflict (by gender)

Land dispute, proliferation of small arms in the hands of civilians, high rate of unemployment, absence of law and order and a viable government system were all contributing to conflict and violence in the district according to youth focus group participants22.

The Business Persons focus group cited a strong perception of incompetence, corruption, bribery and injustice in the judiciary sector - perpetrators were never brought to justice and claimants

22 Youth Group, Focus Group Discussion, Baidoa, 13th December 2013

took the law into their owns hands knowing they will not receive an adequate judgement through the formal system23.

In addition, 35% of the respondents had personally witnessed a crime against someone outside their homestead (Fig 50).

Figure 43: Respondents’ account of witnessing a crime against someone outside the homestead

3.4.3. Perception of Safety

Participants of the traditional elder’s focus group cited the presence of armed militia coupled with the weak economy had caused disputes over pastoral areas, water points, plots of land and water

23 Business Group, Focus Group Discussion, Baidoa, 15th December 2013

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catchments which result in displacement, poverty, death and poor health24

Different sub-divisions reflected divergent levels in the perception of safety: Horseed residents reported a relatively high level of safety compared to those of Hawl wadag; 39% of respondents in total reported feeling either ‘unsafe’ or ‘very unsafe’ across the wards (Fig. 51).

Figure 44: Respondents’ perception of safety in the area

24 Traditional Elders Group, Focus Group Discussion, Baidoa, 15th December 2013

When perception of safety was measured by gender, proportionately speaking, males felt less safe than females but there was not a significant difference (Fig. 52).

Figure 45: Respondents’ perception of safety in the area (by gender)

The perception of safety has a significantly improved from last year with 71% of respondents indicating they felt safer than they had done last year (Fig. 53) which is also reflected when it’s broken down by geographical location (Fig. 54)

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Figure 46: Respondents’ perception of safety in the area (Year to year trend by gender)

The Traditional Elders focus group stated that traditional elders and religious leaders possessed the capacity to prevent conflict and violence or put a halt to existing conflict25. The district police and AMISOM troops were the institutions with the power to prevent conflict and violence according to the Youth focus group participants26. The Chamber of Commerce Committee’s focus group was of the opinion that AMISOM did not ordinarily intervene to prevent violence and conflict among the local communities, and

25 Traditional Elders Group, Focus Group Discussion, Baidoa, 13th December 2013 26 Youth Group, Focus Group Discussion, Baidoa, 13th December 2013

that this was a matter of internal security left to the police27. Elders expressed their dissatisfaction in the government’s role in settling conflict and disputes – according to them police officers were ill-equipped, divided along clan lines and underpaid28.

Figure 47: Respondents’ perception of safety in the area (year to year trend by locality)

27 Chamber of Commerce Committee, Focus Group Discussion, Baidoa, 15th December 2013 28 Traditional Elders Group, Focus Group Discussion, Baidoa, 15th December 2013

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4. Conclusion

The proliferation of small arms, an inevitable consequence of a long period of armed conflict and the breakdown of the rule of law, is one of the most unique occurrences one notices in Baidoa. It seems that the traditional approach to disarmament, demobilization and reintegration may not be the solution in Baidoa, where the Rule of Law institutions are barely able to operate independently.

The police presence is perceived to be insufficient with a lack of real control over Baidoa district with some accusations of brutality and harassment and in some cases the main perpetrators of rape; however, they are still marginally the most trusted security provider. The deficiency in the police operation is augmented by the AMISOM presence and an ad-hoc civilian police force set-up by Ethiopian troops that provides additional security and intelligence gathering in the district.

Under half the respondents were aware of the presence of a local council and even less were unaware of what services they provide or how the community could communicate with them this despite the fact 94% respondents expressed the importance of electing representatives. Qualitative findings revealed the presence of Al Shabaab and the insecurity the district has been subjected to in the recent past has had a deleterious effect on local governance.

The implied weakness in the local government impacts the delivery of administrative services, which in turn affect the effectiveness of security, justice and governance providers – land disputes, high rate of unemployment, and the absence of law and order and an effective government system were all cited as causes of conflict.

Security was highlighted as the most important service the local government can provide although unemployment was the most pressing concern across the district while sanitation, health and education were also referenced.

Courts and legal clinics were underutilised – respondents preferred to seek traditional mean of justice provision - and respondents displayed a lack of awareness of their operation and location; when respondents did use the courts it was generally to rule on land and water disputes although the majority of cases were issued judgements which were enforced

Al Shabaab and now AMISOM presence has reduced clan conflict although there seems to be a lingering fear which may or may not be justified of Al Shabaab - that there are still numerous sympathisers among the general public. This paranoia manifests itself negatively in the form excessive use of force by the police when responding to public disturbances, as well as prolonged and sometimes unlawful detentions of youth suspected of association with insurgents. Despite the challenges facing Baidoa 71% of respondents felt safer than they did the previous year.

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5. Annexes

Annex 5.1: Sample size

z2 (P) (1-P) (f)

e2

Where:

z= confidence interval (95%)

P= P-Value which assumed some security correlation within the cluster (0.3)

f= is the sample design effect (1.5)

e= the margin of error to be attained (+ or – 7%)

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Annex 5.2: Glossary of Terms

Glossary of Terms

Access to Justice People’s ability to solve disputes and reach adequate remedies for grievances, using formal or traditional justice systems. The justice process has qualitative dimensions, and it should be in accordance with human rights principles and standards.

Civil case Non-criminal cases relating to civil wrongs and disputes between individuals, including generally property, business, personal domestic problems, divorces and such types where ones constitutional and personal rights are breached

Clan The clan is a system characterized by a chain of paternal ancestors reaching back to a perceived founding ancestor whose name all members of the clan share for identity

Conflict State of disharmony between incompatible persons, ideas, or interests Criminal case An action, suit, or cause instituted to punish an infraction of the criminal laws of a country District Safety Committee A representative body comprised of a broad cross section of civil society that acts in an advisory

capacity to the local government in issues of community security and safety Enforcement

Relates to the implementation of orders, decisions and settlements emerging from formal or informal adjudication. Enforcement bodies include police and prisons, and administrative bodies in particular cases. Traditional systems may also have specific mechanisms of enforcement. Enforcement systems are the key to ensuring accountability and minimize impunity, thus preventing further injustices.

Formal Justice System A codified system of laws and court proceedings enforced by recognized actors of lawyers, police and justice officials The formal justice system involves civil and criminal justice and includes formal state-based justice institutions and procedures, such as police, prosecution, courts (religious and secular) and custodial measures.

Gender "Gender" refers to the socially constructed roles, behaviours, activities, and attributes that a given society considers appropriate for men and women.

Governance provider Formal institutions or Individuals that act, process, or possess the authority of governing Informal Justice System Dispute resolution mechanisms falling outside the scope of the formal justice system. The term

informal justice system is used here to draw a distinction between state-administered formal justice systems and non-state administered informal justice systems.

Justice Provider Formal or Informal Institutions or individuals that are responsible to provide fair and equitable treatment of all individuals under the law (customary, formal or Sharia)

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Justice System Includes formal justice institutions and procedures, such as police, prosecution, courts and prisons, as well as Alternative Dispute Resolution (ADR), and other informal and traditional systems (e.g. a council of elders). The justice system includes coordination and other arrangements among its different components that influence overall outcomes on access to justice

Land/water disputes A state of debate or quarrel between/among persons, groups or communities over the property, the use, etc. of plots or swathes of land and water points

Local Authority Those invested with formal power, especially a government or body of government officials at district level

Petty Crimes Criminal offense that is less serious than a serious crime and generally punishable by a monetary fine, forfeiture or a jail term of up to a year, or a combination of both.

Security Provider Formal or informal Institutions or individuals that are responsible for the protection of persons, dwellings, communities or the nation from harm

Serious Crimes Criminal offense that is more serious than a petty crime and which can be punished by one or more years in prison

Violence The intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, or deprivation

Xeer A customary law system that has evolved from a basis of clan relations, with some influence of Islamic law (Sharia), that employs mediation and negotiation through the use of traditional elders.

Youth Men and Women between the age of 15 and 30

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