District Conflict and Security Assessment

Report

HOBYO DISTRICT

JUNE 2015

2015

AUTHORS AND CONTRIBUTORS

Asha Ali (Researcher, OCVP)

Ismail Abdullahi (Researcher, OCVP)

Kenneth Mutinda (Researcher, OCVP)

Omar Abshir (Researcher, OCVP)

Disclaimer

This report is not a legally binding document. It is an assessment document and does not necessarily reflect

the views of the institution in all its contents. Any errors are the sole responsibility of the authors.

©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 Mogadishu, Somalia, or could be downloaded from

our website www.ocvp.org

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ACKNOWLEDGEMENT

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 (DFID) of the United Kingdom, for providing us

with the financial support needed to undertake this survey through the United Nations Development

Programme (UNDP) in Somalia.

Finally, we are grateful to the local authorities in Hobyo District for giving us the permission to conduct this

assessment in the district.

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ABBREVIATIONS

ADR Alternative Dispute Resolution

DCSA District Conflict and Security Assessment

DFID Department for International Development

FGD Focus Group Discussion

FGS Federal Government of Somalia

IDPs Internally Displaced Persons

KII Key Informant Interview

OCVP Observatory of Conflict and Violence Prevention

ODK Open Data Kit

SPSS Statistical Package for Social Sciences

SRS Systematic Random Sampling

UNDP United Nations Development Programme

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CONTENTS

ACKNOWLEDGEMENT .................................................................................................................................................. III

ABBREVIATIONS .......................................................................................................................................................... IV

CONTENTS .................................................................................................................................................................... V

LIST OF FIGURES ......................................................................................................................................................... VII

LIST OF TABLES ............................................................................................................................................................ IX

DISTRICT PROFILE ........................................................................................................................................................ XI

SCOPE OF THE ASSESSMENT ....................................................................................................................................... XII

EXECUTIVE SUMMARY ............................................................................................................................................... XIII

SECURITY PROVIDERS ........................................................................................................................................................... XIII

JUSTICE PROVIDERS ............................................................................................................................................................. XIII

GOVERNANCE PROVIDERS ..................................................................................................................................................... XIV

CONFLICT AND VIOLENCE ...................................................................................................................................................... XIV

1. METHODOLOGY ....................................................................................................................................................1

1.1. OVERVIEW .............................................................................................................................................................. 1

1.2. SAMPLING METHODOLOGY ........................................................................................................................................ 1

1.3. HOUSEHOLD SURVEY ................................................................................................................................................ 1

1.4. FOCUS GROUP DISCUSSIONS ...................................................................................................................................... 2

1.5. KEY INFORMANT INTERVIEWS ..................................................................................................................................... 2

2. PROFILE OF RESPONDENTS ....................................................................................................................................4

3. SECURITY, JUSTICE AND GOVERNANCE PROVIDERS ..............................................................................................6

3.1. SECURITY PROVIDERS .......................................................................................................................................... 6

3.1.1. Level of Deployment ........................................................................................................................................... 6

3.1.2. Preference of the security providers ................................................................................................................... 7

3.1.3. Perception of security providers ......................................................................................................................... 9 3.1.3.1. Perception of the ‘police’ ......................................................................................................................................... 9

3.2. JUSTICE PROVIDERS ........................................................................................................................................... 11

3.2.1. Level of deployment ......................................................................................................................................... 11

3.2.2. Performance of the Justice Providers ............................................................................................................... 12 3.2.2.1. Formal Courts ............................................................................................................................................................... 13

3.1.3. Perception of the Justice Providers................................................................................................................... 14

3.3. GOVERNANCE PROVIDERS................................................................................................................................. 17

3.3.1. Level of Deployment ................................................................................................................................. 17

3.3.2. Performance of the Local Council ............................................................................................................. 18 3.3.2.3. Election vs Nomination ................................................................................................................................................ 20

3.3.3. Perception of the Local Council ........................................................................................................................ 21

4. CONFLICT AND VIOLENCE .................................................................................................................................... 23

4.1. EXPERIENCE OF CONFLICT AND VIOLENCE .................................................................................................................... 23

4.2. DYNAMICS OF CONFLICT AND VIOLENCE ..................................................................................................................... 24

Conflict Resolution ..................................................................................................................................................... 24

4.3. PERCEPTION OF SAFETY............................................................................................................................................ 25

5. CONCLUSION ....................................................................................................................................................... 27

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6. ANNEXES ............................................................................................................................................................. 28

6.1. SAMPLE SIZE FORMULA ........................................................................................................................................... 28

6.2. GLOSSARY OF TERMS .............................................................................................................................................. 29

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LIST OF FIGURES

Figure 1: Gender distribution of respondents ......................................................................................................4

Figure 2: Age distribution of respondents by gender ...........................................................................................4

Figure 3: Marital status of the respondents .........................................................................................................4

Figure 4: Respondents' education levels ..............................................................................................................5

Figure 5: Respondents' education levels by gender .............................................................................................5

Figure 6: Respondents' awareness of police presence ........................................................................................7

Figure 7: Respondents’ awareness of police presence by Subdivision ................................................................7

Figure 8: Reporting preference - civil matters .....................................................................................................7

Figure 9: Reporting preference for civil matters by gender .................................................................................8

Figure 10: Reporting preference - petty crimes ...................................................................................................8

Figure 11: Reporting preference for petty crimes by gender ..............................................................................8

Figure 12: Reporting preference - serious crimes ................................................................................................8

Figure 13: Reporting preference for serious crimes by gender ...........................................................................9

Figure 14: Most trusted security provider in responding to crime and violence .................................................9

Figure 15: Respondents’ level of trust towards police in responding to crime ................................................ 10

Figure 16: Respondents’ level of trust towards police in responding to crime by gender ............................... 10

Figure 17: Perception of the performance of the police - yearly trend ............................................................ 10

Figure 18: Perception of the performance of the police - yearly trend ............................................................ 10

Figure 19: Respondents' awareness of the existence of courts ........................................................................ 11

Figure 20: Respondents' awareness of the existence of courts by Subdivision ................................................ 12

Figure 21: Usage of justice providers ................................................................................................................ 12

Figure 22: Issuance of judgments ...................................................................................................................... 13

Figure 23: Enforcement of judgments ............................................................................................................... 13

Figure 24: Respondents' choice of must trusted justice provider ..................................................................... 14

Figure 25: Respondents' choice of most trusted justice provider by gender ................................................... 14

Figure 26: Respondents’ level of confidence in the formal justice system ....................................................... 15

Figure 27: Respondents’ level of confidence in the formal justice system by gender ...................................... 15

Figure 28: Perception of the performance of the court: yearly trend .............................................................. 15

Figure 29: Perception of the performance of the court: yearly trend by Subdivision ...................................... 15

Figure 30: Perception of the performance of the court: yearly trend by gender ............................................. 16

Figure 31: Respondents' awareness of the presence of a local council ............................................................ 17

Figure 32: Respondents' awareness of the presence of a local council by subdivision .................................... 17

Figure 33: Respondents' awareness of the presence of a local council by gender ........................................... 17

Figure 34: Respondents' awareness of services provided by the local council ................................................. 18

Figure 35: Respondents' responses regarding services provided by the local council ..................................... 18

Figure 36: Respondents' opinions about the most pressing local issues .......................................................... 19

Figure 37: Respondents' awareness of channels of communication ................................................................ 19

Figure 38: Respondents' awareness of channels of communication by subdivision ........................................ 19

Figure 39: Respondents' participation in local governance consultations (last 12 months) ............................ 20

Figure 40: Respondents' participation in local governance consultations by subdivision (last 12 months) ..... 20

Figure 41: Respondents' participation in local governance consultations by subdivision (last 12 months) ..... 20

Figure 42: Respondents' opinions regarding the importance of elected representatives ................................ 21

Figure 43: Respondents' perception as to the performance of the local council: yearly trend ........................ 21

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Figure 44: Respondents' perception as to the performance of the local council: yearly trend by gender ...... 21

Figure 45: Respondents' perception as to the performance of the local council: yearly trend by gender ...... 21

Figure 46: Account of witnessing conflict between clans or groups ................................................................. 23

Figure 47: Account of witnessing conflict between clans or groups by Subdivision ......................................... 23

Figure 48: Account of witnessing crime or violence outside the homestead ................................................... 23

Figure 49: Account of witnessing crime or violence outside the homestead by gender .................................. 23

Figure 50: Account of witnessing crime or violence outside the homestead ................................................... 24

Figure 51: Perception of safety ......................................................................................................................... 25

Figure 52: Perception of safety - yearly trend by gender .................................................................................. 25

Figure 53: Perception of safety- yearly trend .................................................................................................... 26

Figure 54: Perception of safety - yearly trend by gender .................................................................................. 26

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LIST OF TABLES

Table 1: Number of male and female respondents within the Subdivisions 2

Table 2: Distribution of focus group participants by gender 2

Table 3: Key Informant Interview participants 3

Table 4: Respondents' reasons for choice of trusted security provider 9

Table 5: Issues referred to justice providers 12

Table 6: Reasons for trust of justice providers 14

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DISTRICT PROFILE

Hobyo, which was among the very first nominated districts in Somalia after the country gained its

independence in 1960, is located in the north-central Mudug region. It is around 265km south-east of Galkayo

and about 50 km north of Harardhere. In the 19th century, Hobyo was the base of the Sultanate of Hobyo,

which was established by Sultan Yusuf Ali Kenadid in the 1870s and later ruled by successive members the

Kenadid family.1 In 1888, the Sultan signed a treaty with Italy that made his kingdom part of what would

later, with the signing of similar treaties in the neighbouring Sultanates, become the Italian Somaliland

protectorate.2 Upon the declaration of independence in 1960, Hobyo was made the centre of the official

Hobyo District.

As with any other Somali district, Hobyo suffered from the 1991 civil war which tore the whole country apart.

The district was left without a functioning administration. As a result of the absence of formal justice or

security providers, people in Hobyo were left to depend on the informal entities such as traditional elders

and sheikhs. Nevertheless, in 2008 the Himan and Heeb administration, based in Adaado to the west of

Dhusamareb - the administrative capital of Galgaduud region, was established by the local elites. However,

the district was also claimed by Galmudug administration, based in South Galkayo which claims that the two

regions of Galgaduud and Mudug fall under its ambit. During the assessment, there were ongoing efforts to

establish a unified administration for the two central regions of Mudug and Galgaduud; the Central Regions

State.

1 Helen Chapin Metz, Somalia: a country study, (The Division, 1993), 10. 2 Issa-Salwe, Abdisalam M. The Collapse of the Somali State: The Impact of the Colonial Legacy, (London: Haan Associates, 1996), 34–35.

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SCOPE OF THE ASSESSMENT

The District Conflict and Security Assessment is designed to gather people’s perceptions regarding service

providers and accessibility and effectiveness of the services they provide. Information is gathered according

to four progress indicators relating to service provision: justice, governance, security and conflict. While a

district may contain a major urban settlement (main town) and a number of smaller surrounding villages, it

is the unfortunate reality that the type of public services this assessment is aiming to measure are

concentrated primarily within the main town of the district, while at the village level they are often

inadequate or completely absent. Keeping this in mind, this assessment was designed and carried out in the

major urban settlement of the district; the HOBYO Town.

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EXECUTIVE SUMMARY

Continual assessment of issues directly affecting the community’s safety and security is critical for effective

evidence – based programming, informed decision making and measuring the impact of related

programmatic interventions. It enables a better understanding of what works and does not work at the

community level. With this in mind, the 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 Hobyo District. The assessment was conducted from March 09 to 12, 2015

and a summary of key research findings is presented below.

Security Providers

It was observed that there was no standing police force operating in Hobyo district; the only uniformed

security personnel being a contingent of military (Marine) officers that had been seconded to the district

from Galmudug at the behest of the federal government. Accordingly, quantitative responses as to police

presence reflected this absence of a standing force, with the proportion of those who believed that the police

were present being less than one in ten across the district and most of those being in Hawl wadaag

Subdivision. The consequential reliance on informal actors could be observed in the fact that, for matters

relating to civil disputes, petty offence and serious crimes, the majority of respondents stated that they

preferred to report to traditional elders in the event of an incident. Traditional elders were also quoted by

most respondents as their most trusted security provider in responding to crime and violence, mostly due to

their perceived unbiased enforcement but also ease of access and respectability. Interestingly, when

questions relating to the police in exclusion of other security providers were posed to the household survey

respondents, an inordinately large proportion of positive indicative responses regarding the level of trust in

responding to crime and violence and the perception of the yearly trend in performance was observed.

Justice Providers

For justice provision it was observed that, in conditions characterised by a lack of sufficient overarching

central governmental authority and strong state mechanisms at the district level, recourse had been taken

to alternative approaches. In the absence of a formal court, an Islamic court in which rulings were made in

accordance with Shari’ah and religious books had developed and gained popularity. Most respondents in

fact, when asked whether there was a court in the district, answered in the affirmative. Justice provision in

Hobyo was thus carried out by this institution in addition to the traditional elders practising customary law

and religious leaders providing alternative dispute resolution and there was notable reported usage in the

household survey for the 12 month period preceding the assessment. A bulk of the cases adjudicated by the

court had involved land disputes, as had more than half of the matters resolved by the traditional elders.

Household violence was the most common issue among those who had used religious leaders. Rates of

issuance and enforcement of judgements were high in all instances. Traditional elders were the most

commonly pointed out provider when respondents were asked whom among the various justice providers

they trusted the most in solving cases and the most commonly advanced reason for this trust was their

perceived fair judgements.

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Governance Providers

The district has a locally nominated council comprising 23 councillors, four of whom are female. The duties

of the local government are administered by this council through local committees that it forms and with

oversight from the Mayor and his deputy. Awareness of the existence of the council was high among

household survey respondents, as was awareness of the services it provides which include security, justice,

sanitation, health, water, infrastructure and education. Poor health, lack of infrastructure, poor education,

unemployment, poor sanitation and shortage of electricity supply were most commonly identified by the

respondents in the survey as pressing local issues. In the course of dispensing local governance, the council

consults with members of the community. About a third of respondents who were aware of the existence of

the council were also aware of communication channels, but overall only two out of every ten respondents

from the entire sample reported having actually participated in consultations in the reporting period. By

gender, male respondents reported higher levels of participation than female respondents. Most

respondents exhibited a strong belief in the democratic principle of representation by election. Three

quarters of the respondents felt that the performance of the council had improved during the reporting

period.

Conflict and Violence

Despite its tumultuous past, the district of Hobyo had, at the time of the assessment, been experiencing an

extended period of relative peace and calm. Almost none of the respondents in the household survey had

witnessed conflict between clans or sub groups in the past year. Crime or violence unrelated to conflict was,

however, reported by slightly more than one-quarter of the sampled population. Qualitative discussants also

pointed out numerous incidences of conflict, most of which had been localised in areas beyond the scope of

the assessment and were therefore not captured in the quantitative study, and which had various causes

such as revenge killings, disputes over water resources and land disputes. The district council, the court and

traditional elders were all said to contribute towards conflict resolution. Overall, most respondents reported

that they felt safe and almost all respondents were of the opinion that levels of safety had increased in the

12 months preceding the assessment.

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1. METHODOLOGY

1.1. Overview

As part of its continual assessment of issues directly

affecting community security and safety, OCVP

conducted an extensive collection of primary data in

HOBYO District.

In order to gain a comprehensive understanding of

the thematic areas under investigation, a mixed-

method approach was employed to allow the

research team to triangulate information uncovered

in both the data collection and subsequent analysis

phase. The household survey aimed at obtaining a

representative picture of the target populations’

perceptions regarding the thematic areas under

exploration, and Key Informant Interviews were used

to probe deeper into, and cross-validate issues that

emerged from the Focus Group Discussions.

The quantitative data was analysed by the OCVP

Research and Analysis team using the Statistical

Package for Social Sciences (SPSS) version 22, after it

had been collected using smart tablets that were

running ODK Collect; a mobile data collection tool

developed by Open Data Kit (ODK). The qualitative

data was subjected to thematic analysis, using a

largely deductive approach (qualitative research

being a smaller component of a larger quantitative

study). The main themes of coding were developed

before the mission, in line with the questions, but

further coding was done during analysis.

3 See Annex 6.1

1.2. Sampling Methodology

A district household estimation provided by the local

municipality enabled the application of a sampling

formula3 to determine a representative sample size

for the district. The study took into account certain

statistical parameters such as the level of confidence

desired (95%), sample design effect (1.5), margin of

error (+ or – 8%) and the assumption that some

security correlations of (0.3) existed within the

Subdivisions.

The p-value of 0.3 in the formula assumes a security

correlation above a random normal distribution of

0.5 within the district clusters (subdivisions). This is a

reasonable assumption based on the topic of the

survey – respondents within the districts are likely to

exhibit a correlational relationship between their

perceptions and the surrounding security

environment. This is further backed by OCVP’s past

experience in which individuals from the same area

tend to exhibit similar perceptions on security,

justice, governance and conflict and violence.

The calculation detailed above resulted in a sample

size of 120.

1.3. Household Survey

A household quantitative survey covering 120

randomly selected individuals being interviewed in

person, was carried out in Hobyo by OCVP's

Mogadishu research team with the use of trained

enumerators who received support from two local

enumerators hired from the target district and

assistants from village centres to help in the

identification of the delineations between

Subdivisions.

Discussions with a representative of the local

government in Hobyo regarding the demorgraphy of

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the town helped the team to select the three

Subdivisions of: Israac, Hawl wadaag and Wadajir.

The team employed Systematic Random Sampling

(SRS) where enumerators randomly selected every

4th household after a random start point and

interviewed one respondent above 18 years old in

each selected household. Furthermore, in the

absence of gender proportion statistics, the

researchers aimed at a 50/50 representation of both

genders. Moreover, the number of questionnaires

administered in the different subdivisions was

proportional of the size of the subdivision.

Hawl wadaag had the highest number of

interviewees among all, totalling 44 respondents, 21

male and 23 females, while Israac village comprised

the second highest number of respondents with a

sum of 40, (20 females and 20 males). There were 36

respondents from Wadajir - 21 males and 15 females

(Table 1).

Table 1: Number of male and female respondents within the Subdivisions

Area/Subdivision Gender (Number of respondents)

Total

Male Female

Hawl wadaag 21 23 44

Wadajir 21 15 36

Israac 20 20 40

Total sample 62 58 120

1.4. Focus Group Discussions

The second research tool (qualitative) was a series of

Focus Group Discussions (FGDs) aimed at capturing

participants’ perception of security and justice

providers (formal and informal), governance

providers and the dynamics and experiences of

conflict and violence. The FGDs were conducted on

the 9th and 12th of March 2015 at the district

Conference Hall. Each group discussion lasted for

about an hour.

A total of six groups were involved in the FGDs:

women, elders and religious leaders (in one group),

youth (male and female in one group), justice

providers (formal and informal), governance

providers (formal), and IDPs. Each group consisted of

10 participants. (See Table 2.) A local organizer

assisted in the recruitment of the participants based

on clan-lines, geographic coverage, social class,

gender and age (as well as profession in the case of

justice and governance providers).

An OCVP researcher moderated the discussions with

the assistance of a note taker. Digital recorders were

used to record the discussions only after obtaining

the participants’ consent. Following verbatim

transcription, the data was cleaned, organised and

finally further coding was done during the analysis

phase.

Table 2: Distribution of focus group participants by gender

Focus Group Gender Total Male Female

Women - 10 10

Elders/Religious Leaders 10 - 10

Youth 5 5 10

Justice Providers 10 - 10

Governance Providers 6 4 10

IDPs 5 5 10

Total 36 24 60

1.5. Key Informant Interviews

The third method utilized for data collection was

personal interviews with key informants who

possessed experiential knowledge on the themes

under investigation. The aim was to go deeper into

the subject areas and cross-validate the issues raised

in the FGDs.

The interviews were conducted between the 10th and

13th of March 2015 at the respective offices of the

interviewees. A convenient venue was selected for

those who did not have offices. Each interview lasted

for about half an hour. Four key informants were

interviewed, including the Deputy Mayor, the District

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Court Commissioner, an IDP Chairperson and a key

traditional elder.

A local organizer assisted in the scheduling of the

interviews which were then conducted by OCVP

researchers. Interviews began with questions that

were tailored to the interviewee and then generally

cut-across the thematic areas of governance, justice,

security, and conflict and violence. Table 3 below

details a list of the key informants.

Table 3: Key Informant Interview participants

Key Informant Gender

Male Female

Deputy Mayor 1 -

Key traditional elder 1 -

District Court Commissioner 1 -

IDP Chairperson 1 -

Total 4 -

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2. PROFILE OF RESPONDENTS

Of the total respondents in the Hobyo household

survey, 52% (62 respondents) were males, and 48%

(58 respondents) were females. Gender

disaggregation was emphasised to allow a clear

depiction of the differences in experiences, views

and insights between the two genders throughout

the report (Fig. 1).

Figure 1: Gender distribution of respondents

Regarding the age groups among Hobyo

respondents, those in their thirties made up 27%

(15% male, 12% female) of the entire sample,

followed by those in their twenties with 23% (13%

males and 10% females). Respondents who were

above sixty years old comprised only 12% of the total

respondents (Fig. 2).

Figure 2: Age distribution of respondents by gender

A little more than three quarters of the respondents

77% (92 respondents) were married. Those who

were divorced made up 11% of the sampled

population; while the singles and widowed

accounted for 9% and 3% respectively (Fig. 3).

Figure 3: Marital status of the respondents

The respondents who reported that they were never

educated comprised 36% of the total sampled

population (the largest category), and those who

went to Quranic Madarasa made up around one third

(31%) of the total respondents. The respondents who

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had attended formal educational institutions,

ranging from primary to secondary comprised 31%,

while only 3% had tertiary level education (Fig. 4).

Figure 4: Respondents' education levels

The proportion of female respondents who had not

been educated was almost two times higher than

that of males who reported to have never been

educated (47% females, 25% males). In contrast, a

higher portion of male interviewees (35% males, 26%

females) had attended Quranic Madarasa. Overall,

male respondents were more likely to have attended

formal educational institutions ranging from primary

to secondary, than females (Fig. 5).

Figure 5: Respondents' education levels by gender

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3. SECURITY, JUSTICE AND GOVERNANCE PROVIDERS

3.1. SECURITY PROVIDERS

Being found in one of the regions in South Central

Somalia most adversely affected by decades of

conflict and civil war has had a characteristically

negative effect on the Hobyo District. Only in recent

years has control of the district been sufficiently

wrested from militant groups and clan militia to

allow the gradual re-stablishment of governance

structures. Most political dialogue centres upon the

need to prioritise security as a prerequisite to making

further headway along the recovery pathway.

However, numerous challenges, chief among them

being the lack of resources, have been hindrances to

progress on the matter. Consequently, despite the

apparent need for the prioritisation of security so as

to cement the requisite community safety for post-

conflict development and state-building, it was

observed that there was no free-standing,

government sanctioned/supported police service

present in the district.

In the absence of a state sanctioned police force, a

regiment of uniformed marine soldiers seconded to

the district from the Galmudug Administartion at the

behest of the Federal Government, the local

authorities and traditional elders all play a part in the

maintainiance of security and order in this district.

Most of the services provided at the district level are

led by informal entities such as traditional elders,

religious leaders and local intellectuals. Participants

in the governance providers’ focus group discussion

pointed out that there had been a small number of

police officers in the district; however, there had

4 Governance providers. Focus Group Discussion. March 12th 2015. Hobyo

been insufficient resources available to maintain

their presence.

We had 30 police officers and unfortunately that force disbanded due to non-payment. As of today they are part of the public (civilians).The last police were recruited and trained during the Sheikh Sharif regime but afterwards nothing has been done here to improve this force.

There is no police in Hobyo at the moment, only an old police station in a very sorry state.

Local council uses the military to work in case of a serious security breach sometimes deploying the marines and the Galmudug state military. However, even these Galmudug military may soon go away due to non-payment too.4

Accordingly, when respondents in the household

survey were asked questions that relate directly to

the police, their responses were in line with the

observations discussed above. Participants in the

focus group discussions and key informant

interviews were, however, able to provide better

insight into the state of policing in the district.5

3.1.1. Level of Deployment

When asked whether there were police in their town,

the majority of the survey participants (84%) said

that they were not aware of any police presence,

while one in every ten respondents (9%) reported

that there were police in Hobyo and 7% were not

sure (Fig 6).

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Figure 6: Respondents' awareness of police presence

The vast majority of respondents in all Subdivisions

of Hobyo (90% Israac, 89% Wadajir and 75% Hawl-

wadaag) reported that they were not aware of any

police presence in the district (Fig 7).

Figure 7: Respondents’ awareness of police presence by Subdivision

Traditional elders, in their respective focus group

discussion, also stated that there is currently no

police presence in Hobyo. They pointed out that

security is provided by federal marines, who had

been trained in Djibouti.6 Governance providers

added that the local authorities are sometimes

involved in security provision.7

6 Traditional elders of Hobyo, Focus Group Discussion, March 9th 2015 7 Governance providers. Op. cit.

All the survey respondents (n = 11) who were aware

of police presence went on to state that they knew

of one police station and further stated that it was

less than one hour away from their respective

homes.

3.1.2. Preference of the security providers

In such circumstances, a lot of reliance was placed on

informal actors and formal actors that would

otherwise have been non-conventional with regard

to security provision. For instance, Internally

Displaced Persons claimed, in their focus group

discussion, that the local authorities in Hobyo play a

key role in the provision of security.8

Respondents were asked about their reporting

preference for various types of security issues. With

respect to civil matters, a little more than one half

(55%) of the respondents stated that they would

prefer to report to the traditional elders, followed by

18%, and 12% who stated that their preference lay

with the religious leaders and the local authority

respectively (Fig 8).

Figure 8: Reporting preference - civil matters

Regarding the results of gender based analysis, there

was no notable variation in the proportions of male

and female respondents who stated that they would

prefer one or the other of the security providers in

Hobyo (Fig 9).

8 Internally Displaced Persons in Hobyo. Focus Group Discussion. March 10th 2015.

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Figure 9: Reporting preference for civil matters by gender

Regarding petty crimes, the findings of the survey

showed a similar pattern to that which was observed

in the case of civil disputes. More than one-half of

the respondents (56%) preferred the traditional

elders for reporting petty crimes.9 However, the

court and the police were slightly more favoured

than the local authority for reporting petty crimes

(Fig 10).

Figure 10: Reporting preference - petty crimes

Pertaining to the gender disaggregation of

respondents’ reporting preference for petty crimes,

no substantial variation was noted between the

preferences that were indicated by men and women

(Fig. 11).

9 Theft, household violence

Figure 11: Reporting preference for petty crimes by gender

In terms of security provision in Hobyo, traditional

elders were most preferred for reporting serious

crimes as 60% of the respondents chose them.

Courts came second, with 15% of respondents

stating that they would prefer to report serious

crimes to the courts (Fig 12).

Figure 12: Reporting preference - serious crimes

Upon gender analysis, it was observed that while

both men and women mentioned traditional elders

most as their preferred security provider for

reporting serious crimes, a larger proportion of

female respondents (66%) had mentioned them

compared with the proportion of male respondents

(55%) who had done so (Fig. 13).

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Figure 13: Reporting preference for serious crimes by gender

3.1.3. Perception of security providers

The strong influence of informal security providers

was further illustrated when it was inquired of the

respondents as to who they trusted most to respond

to crime and violence. In this regard, around eight in

every ten respondents (78%) chose informal security

providers (59% traditional elders, 19% religious

leaders) as their most trusted security provider.

Conversely, only 19% of the respondents reported

that they trusted formal security providers most

(14%: court and 5%: local authority). Notably, none

of the respondents mentioned the police as his or her

most trusted security provider (Fig. 14).

Figure 14: Most trusted security provider in responding to crime and violence

For any of the four security providers that were

mentioned by the respondents, the most comonly

stated reason for the choice was unbiased

enforcement. It was proffered by 39% of those who

chose traditional elders, 70% of those who chose

religious leaders, 59% of those who chose the courts

and 60% of those for whom the local authority was

the most trusted security provider. Respectability

and ease of access were also dominantly pointed out

by those declaring that they trusted the traditional

elders most (Table 4).

Table 4: Respondents' reasons for choice of trusted security provider

Reason for trust of security provider

Most trusted security provider in responding to crime and violence

Traditional elders

Religious leaders

Courts Local authority

Fast response 15% 9% 24% -

Unbiased enforcement

39% 70% 59% 60%

They are respected

25% 22% - -

Ease of access

20% - 12% 40%

Other - - 6% -

Base 71 23 17 5

3.1.3.1. Perception of the ‘police’

As observed, most of questions about security

providers in the household survey elicited responses

that were in line with the observation of the

researchers that no formal police force was in place

to serve Hobyo District. Nonetheless, respondents

were able to give answers when asked about the

police in general. For instance, with regard to the

level of trust they had in the police in responding to

crime and violence, more than one half (59%) of the

respondents said that they had fairly high trust, and

a further 20% reported very high levels of trust (Fig.

15).

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Figure 15: Respondents’ level of trust towards police in responding to crime

The level of trust with regards to the police did not

vary much between the genders as around eight in

every ten of both female and male respondents

generally expressed trust in this security provider.

Marginally, males had a higher likelihood of having

expressed a high level of trust in the police than

females, 81% and 77% respectively (Fig. 16).

Figure 16: Respondents’ level of trust towards police in responding to crime by gender

Furthermore, when the respondents were asked

what their opinion of the trend in performance of the

police over the year preceding the assessment was,

a majority (60%) perceived that there had been an

improvement, while 29% reported that the

performance had not varied in this period, and only

1% felt that there had been a decline (Fig. 17).

Figure 17: Perception of the performance of the police - yearly trend

There was no notable gender distinction in the

reported improvement of police performance.

However, males were more likely than females to

perceive that there had been an improvement in

police performance over the last twelve months

(64% men, 55% women). (Fig. 18).

Figure 18: Perception of the performance of the police - yearly trend

Conclusively, while it was apparent that the state of

post conflict recovery had not progreessed to a point

where ther was a formal police force in place,

community oriented approaches had ensured the

provision of security services through a continued

reliance on indigeneous informal entities as well as

the existent formal government structures.

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3.2. JUSTICE PROVIDERS

The lack of sufficient overarching central

governmental authority and strong state

mechanisms at the district level had also, as

observed in the section above, led to alternative

approaches to justice provision in Hobyo including a

maintenance of the traditional structures that had

existed in pre-colonial Somali society. At the time of

the assessment, there was no formal justice provider

(formal court), rather, there was an Islamic court

functioning on the basis of religious authorization.

Traditional elders and religious leaders were

observed to operate as informal justice providers in

the sense that they were involved in the process of

dispute settlement in the community.

Participants in the qualitative discussions provided

varied opinions in regard to the existence of formal

courts in Hobyo. For instance, traditional elders said

that there was no formal court10 and participants in

the focus group discussion with women also held the

same view;

We do not have formal courts in this town. All we have are ADR practitioners, particularly religious leaders who provide us with smooth justice services.11

In the same vein, it was stated in the FGD with justice

providers that there are only two forms of justice

providers in Hobyo; the Islamic court and traditional

Alternative Dispute Resolution (ADR) practitioners.12

Conversely, the judge in charge of the Shari’ah court,

during a key informant interview, was adamant that

he oversees a formal court. 13

For the lay person in Hobyo, the word “court”

generally means the Shari’ah practicing institution

mentioned above which bases its judgements on the

Islamic principles from the holy Quran and other

Shari’ah books. It should therefore be understood in

10 Traditional Elders of Hobyo, Focus Group Discussion, 9th March 2015. 11 Women Group. Focus Group Discussion, 9th March 2015

that context where it appears in this section, in which

the level of deployment, the performance and the

perception of the various justice providers are

discussed.

3.2.1. Level of deployment

A majority (88%) of the household survey

respondents reported that they were aware of the

existence of courts in Hobyo. Only 3% said they were

not aware, while 10% were not sure whether or not

there was a court (Fig. 19).

Figure 19: Respondents' awareness of the existence of courts

Across all Hobyo subdivisions, the levels of

awareness of court presence were remarkably high

among respondents at 93% in Hawl-wadaag, 86% in

Wadajir and 83% in Israac (Fig. 20).

12 Justice Providers, Focus Group Discussion. 11th March 2015 13 Local Court Commissioner, Key Informant Interview. 11th March 2015.

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Figure 20: Respondents' awareness of the existence of courts by Subdivision

3.2.2. Performance of the Justice

Providers

Pertaining to the justice providers of Hobyo, there

are only informal justice providers (traditional elders,

religious leaders and the Islamic court). The

procedure of the court is in a way similar to that of

religious leaders as the base or authority of

judgement is founded on Islamic principles, but the

traditional elders refer to Somali customary law.

Elders often use the traditional system and norms (Xeer) as precedence. They are the most preferred justice provider. We approach them first, but if they fail to offer a mutually acceptable solution, we go to the religious leaders for settlement.14

In the twelve months preceding the assessment, the

most used justice provider had been traditional

elders, who were used by one third (32%) of the

respondents. Courts were the second most

commonly used justice provider, having been used

by almost a quarter (23%) of the respondents and the

religious leaders had the lowest level of usage at 11%

(Fig. 21).

14 Women Group, Op cit.

Figure 21: Usage of justice providers

The most commonly reported issues among those

who had used the court were land disputes (78%).

This was also the cause of more than one-half (58%)

of disputes settled by traditional elders. On the other

hand, among those who had used religious leaders,

the most cited issue, at close to one-third (31%) of

the disputants, was household violence but land

dispute, robbery and assault, at 23% each were also

dominant issues (Table 5).

Table 5: Issues referred to justice providers

Issues referred to

different justice

Providers

Justice providers

Court Traditional

Elders

Religious

Leaders

Land dispute 78% 53% 23%

Robbery 4% 11% 23%

Household

violence 15% 18% 31%

Assault 4% 18% 23%

Base 27 38 13

Looking at the proportions of respondents who had

used any form of justice provider in the past 12

months, it was observed that nearly all respondents

- 100% who used religious leaders, 97% who used

traditional elders and 96% who used the courts -

received judgments (Fig. 22).

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Figure 22: Issuance of judgments

Pertaining to those who had received judgments, the

rate of enforcement was reported to be similar

among all of those who had used the three different

justice providers at 92% each. (Fig. 23.)

Figure 23: Enforcement of judgments

3.2.2.1. Formal Courts

As previously discussed, the functioning court of

Hobyo is not formal, but is instead an informal entity

which carries out resolutions of cases and disputes

among the community members. To a certain extent,

this Islamic court is different from the pure

traditional or religious practices and procedures

carried out by individuals (traditional elders and

15 Traditional Elders. Op cit. 16 Justice providers. Op cit.

religious leaders) because of its physical location and

the name it has been given as a court; neither does it

resemble the formal courts due to lack of statutory

procedural rules and regulations and constitutional

authority. This court functions in a manner similar to

the Islamic Courts Union in Mogadishu in 2006, with

the exception that this court does not have the type

of militias who were used enforce the judgements in

the case of the Courts Union.

Access to Justice

Pertaining to the access to justice in regard to the

justice providers available in Hobyo, the traditional

elders claimed that there is easy access to the

informal justice providers (ADR practitioners) during

their focus group discussion.15 Despite the fact that

the formal justice system and law enforcement

forces are not functioning, the informal justice

providers of Hobyo seemed to be active. Discussants

described the interaction between the community

and informal justice providers (elders and religious

leaders) to be smooth and this might have influenced

the community’s trust in ADR practitioners.16

Interaction between justice providers

Traditional elders were said to play a dominant role in Hobyo that went beyond the provision of justice to include the nomination of the Islamic court judges as well as the members of the district council. To a large extent, their popularity is related to the relevance of their approach within the cultural setting of the community.17 With regard to justice provision, a degree of interrelation existed between religious leaders and traditional elders whereby disputants who seek justice provision from either one of the two may refer back to the other in the applicable matters. An instance is when there is an issue referring to the Shari’ah based matters and sheikhs are asked to resolve it, they ask for the consent of the subject disputants as well as their respective traditional leaders for future enforcement in case one of the disputants changes his mind and refuses to be bound by the judgement.

17 Traditional Elders, Op cit.

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2015

3.1.3. Perception of the Justice Providers

When the household survey respondents were asked

which among the justice providers they trusted most

to resolve cases, the traditional elders appeared to

be the most trusted, having been chosen by over half

(56%) of the respondents. Religious leaders were

stated as the second most trusted justice provider by

18% of the respondents. Courts and local authorities

were pointed out by 15% and 6% of the respondents

respectively. (Fig. 24.)

Figure 24: Respondents' choice of must trusted justice provider

Regarding the gender patterns observed with the

preference of justice providers, there were no

notable differences. However, men were slightly

more likely to indicate trust for the traditional elders,

religious leaders and the local authority than women.

Conversely, women were more likely than men to

report the court as their most trusted provider. (Fig.

25).

Figure 25: Respondents' choice of most trusted justice provider by gender

For any of the justice providers, the most proffered

reason as to why the respondents had chosen them

as the most trusted was fair judgement (50%: court;

48%: traditional elders and 67%: religious leaders)

See table 6 below.

Table 6: Reasons for trust of justice providers

Reason for trust of justice

provider

Most trusted justice provider in solving cases

The Court Traditional elders

Religious leaders

Fast decisions 28% 19% 14%

Fair judgment 50% 48% 67% Independence from politics

6% 4% 10%

Less costly 17% 22% - More reliable - 4% 10%

Base 18 67 21

When household survey respondents were asked to

state what level of confidence they ascribed to the

formal justice system, the vast majority (86%)

exhibited confidence (60%: very confident and 26%:

fairly confident). Only 3% said they were not

confident (Fig. 26).

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Figure 26: Respondents’ level of confidence in the formal justice system

According to the gender disaggregation of the

confidence in the formal justice system, there were

no remarkable differences as almost similar portions

of both sexes (25% of men versus 28% of women)

expressed that they were very confident or fairly

confident (61% men compared with 59% women) in

in the formal justice system (Fig. 27).

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

When respondents were asked about their

perception regarding the performance of the courts

compared with the previous year, the majority

indicated that courts’ performance had improved.

One quarter (25%) of the respondents reported that

there had been no change, while only 1% said the

performance declined. (Fig. 28.)

Figure 28: Perception of the performance of the court: yearly trend

In regard to the perception of the respondents within

the subdivisions of Hobyo about the performance of

the courts, , seven in every ten (70%) respondents in

Israac felt that the performance of the formal court

had improved, compared with 59% in Hawl- wadaag,

and 56% in Wadajir (Fig. 29.)

Figure 29: Perception of the performance of the court: yearly trend by Subdivision

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Along gender lines, men (63%) were somewhat more

likely than women (60%) to indicate that

performance of the formal courts had improved,

while a greater portion of women (28%) than men

(23%) felt that the performance had not changed.

The portions of both sexes who did not know

whether the performance improved or declined

were similar with (13% male and 12% female). See

figure 30.

Figure 30: Perception of the performance of the court: yearly trend by gender

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3.3. GOVERNANCE PROVIDERS

3.3.1. Level of Deployment

In 2008 a new administration (Himan and Heeb)

which was based in Adaado and under whose ambit

Hobyo fell was established by the local elites. Under

the new administration Hobyo has a locally

nominated council consisting of 23 members, four (4)

of whom are female. The positions in the council are

distributed on the basis of clan composition of the

district. This council is administered by a mayor and

a deputy mayor with the help of local committees

formed by the council.

Nine in every ten (91%) of the household survey

respondents were aware of the existence of the local

council. Only 3% claimed that there was no council

while a further 6% were not sure whether or not

there was a council (Fig. 31).

Figure 31: Respondents' awareness of the presence of a local council

The levels of awareness of the existence of the

council were high across all the subdivisions of

Hobyo. In Hawl-Wadaag 98% of the respondents

indicated awareness, while in Israac, and Wadajir

88% and 86% of the respondents reported

awareness. (Fig. 32.)

Figure 32: Respondents' awareness of the presence of a local council by subdivision

In regard to gender lines, a greater proportion of

men than that of women acknowledged the

presence of the district council (94% men compared

with 88% women). (Fig. 33.)

Figure 33: Respondents' awareness of the presence of a local council by gender

According to both qualitative and quantitative data,

the district council in Hobyo provides services in

relation to public utilities such as sanitation, and

water supply, as well as services such as security and

justice in relation to its mandate to contribute to the

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governance of the district.18 Nonetheless, there still

remains a need for vast improvements in all aspects

of service provision.19

Among those who had indicated awareness of the

local council, 55% of the respondents stated that

they were aware of the services it provides while 38%

claimed they did not know about these services (Fig.

34).

Figure 34: Respondents' awareness of services provided by the local council

3.3.2. Performance of the Local Council

Despite the fact that the deputy mayor of Hobyo

complained about the existence of many challenges

that hinder the smooth implementation of the

district council services, he pointed out some basic

services that the council was able to provide. These

include sanitation and security services.20

Governance providers in the FGD however pointed

out that the service delivery capacity of the council

was severely constrained by lack of resources. 21 The

deputy mayor added that the biggest challenge they

18 Ibid. 19 Deputy Mayor of Hobyo, Key Informant Interview. March 12th 2015.

are facing is lack of resources, especially financial

resources;

Every service is tied with resources and without them we cannot operate. Our service delivery is voluntary based and this is why our service provision is not at its highest level.22

Security appeared to be the most visible service

associated with the district council, having been

mentioned by a little less than one-half (48%) of the

respondents in the household survey who were

aware of services provided. Justice came second as it

was indicated by 29% of the respondents and

sanitation was stated by 14% of the respondents (Fig.

35).

Figure 35: Respondents' responses regarding services provided by the local council

3.3.2.1. Pressing Community Needs

Poor health and lack of infrastructure were the most pressing community issues as indicated by the greatest portion of the respondents (79% each). Poor education service was the second most indicated community pressing issue with 76% of the respondents pointing it out while equal portions of the respondents reported that unemployment and poor sanitation (71% each) were among the most pressing issues in the community (Fig. 36).

20 Governance Providers. Focus Group Discussion, March 12th 2015. 21 Ibid 22 Ibid

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Figure 36: Respondents' opinions about the most pressing local issues

When the respondents who had indicated an

awareness of the local council (109 out of 120) were

asked whether they knew of any channels of

communication between the community and the

local government, approximately 38% of them

answered in the affirmative, while an almost equal

portion (39%) stated the opposite and about a

quarter (24%) were not sure whether or not there

were channels of communication (Fig. 37).

Figure 37: Respondents' awareness of channels of communication

The deputy mayor confirmed that there are different

levels and means of communication between the

23 Deputy Mayor. Op. cit.

district council and the community members

including meetings with representatives of different

groups within the society.23

The respondents in Hawl-Wadaag exhibited

relatively high levels of awareness of communication

channels (49%) compared with Israac at 36%, and

Wadajir at 26% (Fig. 38).

Figure 38: Respondents' awareness of channels of communication by subdivision

Upon further analysis of the household survey

responses, it was observed that approximately one in

every five respondents (22%) across the district had

actually participated in consultations within the 12

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months preceding the assessment. The remaining

portion of respondents either stated explicitly that

though they were aware of channels of

communication, they had not participated in any

consultations (13%), or were either unaware of the

existence of the council, or the existence of channels

of communication (66%). See figure 39 below.

Figure 39: Respondents' participation in local governance consultations (last 12 months)

Across the subdivisions, the highest levels of

participation was observed in Hawl-Wadaag, where

almost one third (30%) or the respondents had

participated in consultations while the lowest rates

(14%) were noted in Wadajir (Fig. 40).

Figure 40: Respondents' participation in local governance consultations by subdivision (last 12 months)

24 Women, Traditional elders and IDPs. Op. Cit.

Gender-wise, there appeared to be a skew in the

rates of participation whereby a notably larger

proportion of men (31%) declared that they had

participated in consultations over the last year than

the proportion of female respondents (12%) that did

(Fig. 41).

Figure 41: Respondents' participation in local governance consultations by subdivision (last 12 months)

During the focus group discussions, women,

traditional elders and IDPs also confirmed that they

had participated in consultative meetings that the

district council holds for the community members.24

3.3.2.3. Election vs Nomination

When asked about their opinions regarding the

importance of having elected representatives in the

local council, the vast majority (94%) of the

respondents answered that they thought it was

important (Fig. 42).

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Figure 42: Respondents' opinions regarding the importance of elected representatives

3.3.3. Perception of the Local Council

When asked about the performance of the local

council as compared with the previous year, three

quarters (75%) of the respondents felt that it had

improved, 17% felt that the performance had not

changed and only 1% of respondents felt that the

council’s performance had declined (Fig. 43).

Figure 43: Respondents' perception as to the performance of the local council: yearly trend

Pertaining to the gender disaggregation of the

respondents’ opinions towards the performance of

Hobyo district council, there was no remarkable

difference to report as almost equal portions of both

sexes (76% males, 75% females) felt that the

performance had improved in the last twelve

months. (Fig. 44.)

Figure 44: Respondents' perception as to the performance of the local council: yearly trend by gender

Within the subdivisions, Wadajir had the greatest

portion of respondents reporting that there had

been progress in the performance of the district

council. (Fig. 45.)

Figure 45: Respondents' perception as to the performance of the local council: yearly trend by gender

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In conclusion, there is a district council in Hobyo,

which was reported to be making a positive effort

towards the provision of the services it was assigned

for and participation in the development of the

community. Examples of such services include

security, justice, sanitation and consultation

meetings for the community members. However,

they are faced with many challenges which hinder

their service provision. Lack of efficient financial

support is considered the greatest challenge as all

activities and personnel require payments and

logistical support which is missing so far. It is

important to note that the different segments of the

community such as women, IDPs, traditional elders

and youth had the opportunity to participate

consultative meetings of the district council.

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4. CONFLICT AND VIOLENCE

4.1. Experience of Conflict and

Violence

More than nine in every ten respondents (95%) reported that they had not witnessed conflict between clans or groups within the last 12 months (Fig. 46).

Figure 46: Account of witnessing conflict between clans or groups

The respondents who had witnessed conflict resided

exclusively in Hawl wadaag Sub Division, making up

2% of the sampled respondents there (Fig. 47).

Figure 47: Account of witnessing conflict between clans or groups by Subdivision

Slightly more than one quarter (28%) of the

respondents in the household survey reported

having witnessed crime or violence against someone

outside their homestead, while the greater portion

(71%) of the respondents stated that they had not.

(Fig. 48.)

Figure 48: Account of witnessing crime or violence outside the homestead

There was no remarkable difference to be reported

based on gender. Approximately 29% of women and

27% of men stated that they had witnessed crime or

violence outside the homestead as shown in figure

49.

Figure 49: Account of witnessing crime or violence outside the homestead by gender

On the other hand, among the subdivisions, Wadajir

had the greatest proportion (33%) of respondents

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who reported that they had witnessed crime and

violence outside the homestead and Hawl-wadaag

had the least (25%). Slightly more than one-quarter

of the respondents in Israac (28%) reported

witnessing crime or violence outside the homestead.

(Fig. 50.)

Figure 50: Account of witnessing crime or violence outside the homestead

4.2. Dynamics of Conflict and

Violence

During qualitative discussions, several drivers and

causes of conflict were mentioned. These included

scarcity of resources and competition over pastoral

land, leading to disputes with the potential to

escalate into violence and which, in turn, had the

likelihood of leading to retributive violence.25

Another common cause of retributive violence was

said to be incidences of rape.26 Within the urban

setting of the town, an underlying cause of conflict

was said to be the resistance of certain members of

the society to pay taxes and the ensuing

confrontations when the local council attempted to

enforce taxation laws. Crime, such as such as

robbery, was also said to be a safety concern in the

25 Youth, Women, Traditional elders and religious leaders, and Governance providers, Op. cit. 26 Women Focus Group Discussion. Op. cit. 27 Women Group, Op. cit. 28 Youth, Women, Traditional elders and religious leaders, and key traditional elder, Op. cit.

district with women and children being identified as

the most vulnerable. 27

In several qualitative discussions, the scarcity of

water resources which are of importance to the

pastoral (rural) communities was said to have been

the most prevalent driver of conflict between

groups.28 According to the youth FGD participants, in

addition to competition over watering points,

disagreements over grazing lands also have the

capacity to escalate into clan-based violence.29 In

addition, it was mentioned that such competition

over resources had, in recent years of relative peace,

remained as a driver of conflict and commonly

escalated from tension to conflict in areas where

different clans or sub clans were in proximity of each

other:

There was a point in time, probably around 2004 or 2005 when this town was empty and deserted due to non-ending conflicts and violence. However, conflicts these days are limited and mostly around water points between communities in the villages where different pastoral groups compete for scarce resources. These areas are around El Duale, El Hobyo, Xil Xildere and Xin Dawao.30

Women complained that public people are armed

and safety is not very reliable as many of those

armed men loot the properties of others. Such

incidents could also lead to the eruption of violence

among the gunmen themselves.31

4.2.1. Conflict Resolution

The district council, Islamic court, and traditional

elders of Hobyo were all said to be the institutions

with the ability to prevent conflict and violence in

Hobyo. In the absence of formal institutions such as

the police or formal courts who would ordinarily

have worked in concert to investigate, prosecute and

adjudicate incidences of crime within the community

that might be precursors to outbreaks of group

29 Youth Group, Focus Group Discussion, 10th March 2015 30 Chairman of Internally Displaced Persons, Key Informant Interview, 12th March 2015. 31 Women Focus Group Discussion. Op. cit.

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conflict, informal justice providers had stepped in to

fill the gap;

Some of the issues we deal with include murders committed as a result of disputes over watering points. The phenomenon of revenge killings is still common in these areas and we come across it quite often.32

Women focus group discussants stated that the

district council is the mandated institution to prevent

conflict and violence for they were nominated for

such duties. They felt that the council had been doing

well in this regard with the help of elders and

religious leaders, women committees and other

intellectuals.33

IDP focus group participants brought up the issue of

drought and famine as a security and safety issue.

The migration of livestock owners from one place to

another often resulted in violent conflict between

the previous settlers and the new comers to the

destination.34

4.3. Perception of safety

Despite the lack of or poor governmental

involvement in Hobyo district security and safety,

both qualitative and quantitative participants

perceived that the level of safety has been increasing

year after year. The IDP focus group participants, for

example, confirmed that the current situation of

safety is much better than in past years.35

The vast majority (94%) of Hobyo household survey

respondents felt that the district was rather or very

safe (Fig. 51).

32 Traditional Elder. Op. cit. 33 Women Group, Op. cit.

Figure 51: Perception of safety

Regarding the gender disaggregation of safety in

Hobyo, the majority of respondents from both sexes

almost equally perceived that the district was rather

or very safe (93% males, 95% females). See figure 52.

Figure 52: Perception of safety - yearly trend by gender

Pertaining to the year to year perception of the

change in safety, the vast majority (92%) of the

household survey respondents believed that there

had been an improvement in the last twelve months

preceding the study (Fig. 53).

34 IDPs, Op. cit. 35 Ibid

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Figure 53: Perception of safety- yearly trend

Even though there was not much difference between

the genders when taking into account the perception

of change in the level safety, it was observed that a

slightly greater proportion of women felt that safety

levels had increased in the last twelve months (93%

women compared with 90% men). See figure 54.

Figure 54: Perception of safety - yearly trend by gender

Conclusively, government institutions were not in

place to provide security services in the district, but

informal actors such as elders and sheikhs had

stepped in to deal with issues of conflict and

violence. Furthermore, the community felt that the

situation was improving in this regard as compared

with the previous years. As in any other similar region

or district, the most pressing safety issues in Hobyo

concerned resources such as land and water; but

other incidences of clan based violence, armed

persons, rape and revenge killings were there as well.

People were, however, optimistic about reducing

such issues as time passes.

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5. CONCLUSION

Hobyo District has endured decades of conflict

and warfare, state collapse and the

accompanying disintegration of governance

structures and institutions. While recent years

have seen a relative reduction in the incidence

of violent conflict, there are still sporadic

outbreaks of clan conflict, especially in the rural

areas of the district. There is however a hopeful

outlook as the FGS makes progress along the

path of post-conflict recovery and state building

which is expected to have a positive trickle-

down effect on the regional and district level

governmental institutions. Initial evidence of

this positive outlook can be observed in the

fiduciary exercise of the FGS’s authority in

seconding a contingent of marine officers from

Galmudug to assist in security stabilisation as

well as in Hobyo district’s participation in the on-

going formation of the Central Regions State.

At the time of this assessment, nation-wide

security sector reform had not progressed to a

point where a standing police force would have

been established in the district. This security

provision gap had been filled in part by the

marines seconded to the district by the FGS but

also by the local council and traditional elders.

Informal security providers, the traditional

elders in particular, were popular.

Traditional elders were also popular as justice

providers, using Xeer to mediate disputes

between conflicting parties or groups in the

community with considerable success which was

said to result from their social acceptability

within the cultural setting of the society. In

essence, this operation of traditional elders,

along with the other informal entities (religious

leaders and sheikhs) in the sphere of justice

provision was a continuation of the approaches

that had been in existence prior to the advent of

the formal justice system, rather than a

usurpation of the later.

When disputes escalated into conflict, the

traditional elders were also instrumental in

conflict resolution. By applying the customary

law approach akin to ADR, they would work to

prevent further escalation of the conflict. Where

the conflict had resulted in violence and/or

casualties, they would work towards preventing

retributive violence.

With regard to local governance, the traditional

elders also played a part in the nomination and

installation of Local Council which was made up

of councillors who were said to be making

positive progress towards the provision of basic

services.

Overall, the frequency of major outbreaks of

violent conflict and the militant attacks which

had characterised Hobyo and other south and

central Somali districts had significantly reduced

in the recent past. As such, the assessment

noted that most reports of conflict were in

relation to competition over scarce resources

among pastoral communities in the rural areas

of the district. The perception of safety within

Hobyo town, as demonstrated by the household

survey, was high.

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6. ANNEXES

6.1. Sample Size Formula

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 – 8%)

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6.2. 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 characterised 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 minimise impunity, thus preventing further injustices.

Formal Justice System A codified system of laws and court proceedings enforced by recognised 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 thatact, 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)

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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