Legal framework on freedom of religion and actual application
Somalia has not had a single central government with control over its whole territory since 1991. After a provisional constitution was adopted in August 2012, the country became known internationally as the Federal Government of Somalia (FGS).
The status of religion and religious life is governed by the constitution, though in the country’s regions and sub-regions the legislation varies; for example, the constitution of the FGS recognises the equality of “All citizens, regardless of sex, religion, social or economic status,” etc., while Somaliland’s constitution does not include religion as grounds for equality among its citizens.
In the territory controlled by the FGS, Islam is the state religion (Article 2, 1), (Article 2,2). No religion other than Islam can be propagated in the country, and the president must be a Muslim. Under Somaliland’s own constitution, Islam is also the state religion (Article 5, 1) though both the president and vice president (Article 82. 2) must be Muslim.
The FGS’s provisional constitution guarantees equal rights to all citizens, regardless of their religion. At the same time however, Article 2 (3) stipulates that legislation must be in harmony with Shari‘a (Islamic law). The same is the case in Somaliland (Article 5, 2).
The FGS’s provisional constitution applies to all citizens, regardless of their religious affiliation. As a result, non-Muslims are also subject to laws that follow the principles of Shari‘a. While conversion from Islam to another religion is not expressly prohibited by the FGS’s provisional constitution, it is not accepted at a societal level. Under the constitutions of Somaliland and Puntland, on the other hand, conversion is expressly prohibited. Non-Muslims are also prohibited from professing their faith in public.
Neither the Provisional Constitution of the Federal Republic of Somalia nor the country’s Penal Code (which is nominally valid in all parts of the country) specifically forbid conversion from Islam to other religions. Shari‘a, however, has been interpreted to prohibit conversions for Muslims. Indeed, at the regional level, the Constitution of Somaliland stipulates that ‘Islamic Sharia does not accept that a Muslim person can renounce his beliefs’ (Article 33, Section 1), thus effectively banning conversions from Islam to other religions. A provision prohibiting Muslims from renouncing their faith can also be found in the Constitution of Puntland. Somalia’s authorities and population generally show no tolerance towards converts from Islam, able to remain only if they stay invisible to the public eye.
Islamic religious instruction is mandatory in all public and Muslim schools throughout the country. Only a few non-Muslim schools are exempt. All religious communities must register with the Ministry of Religious Affairs. In practice, however, this tends to be haphazard, either because the criteria for registration are not clear, or because the authorities lack the means to enforce the law, especially outside the capital.
In most of the country, the courts rely on xeer, i.e. traditional customary law, Shari‘a, and the penal code. The regulation and enforcement of religious practices are policed by each region, often inconsistently. In the wake of Somalia’s long civil war, however, the human rights situation in the country is disastrous, and the rule of law non-existent. People are summarily executed without trial, and often violent attacks are waged on groups and individuals. In the areas under the Islamist Al-Shabab group influence, a stricter form of Shari‘a is imposed with serious human rights violations, including executions by stoning.
Incidents and developments
Sunni Muslims are thought to make up nearly 100 percent of the population but there are some Shia Muslims. Christians and other non-Muslim religious groups have reported their inability to practise their religion openly; there are no places of worship for non-Muslims in the country, and there isn't a single church in Somalia, other than the Mogadishu Cathedral, which is no longer used for Christian worship due to repair concerns.
Somalia’s recent turbulent history, from a failed state following a protracted civil war to a recovering state today, has greatly impacted the religious freedom of its people as well as every other aspect of Somali life. Tolerant Sufi Islam, once widespread, had enabled good relations with other religions. The power vacuum in recent decades, however, has given rise to Islamist extremism with an increasing number of Salafist and other violent Islamist jihadist groups active in the territory.
Today, the armed militants most at the origin of suffering for Somali citizens is the Islamist extremist group al-Shabab. Al-Shabab, meaning ‘The Youth’ in Arabic, is described as “the largest militant organization fighting to oust the Somali government and the foreign military presence supporting it. The group seeks to control territory within Somalia in order to establish a society based on its rigid interpretation of Shariah law.” In these areas, al-Shabab maintains a ban on all forms of media, entertainment, smoking, and any behaviour deemed as un-Islamic, such as shaving beards. Women are also forced to wear head coverings.
Al-Shabab was driven out of Mogadishu in 2011 with international assistance, yet it continues to carry out numerous attacks in the city, the rest of the country, and neighbouring nations. Operating with seemingly little pushback, they consider Christians ‘high-value’ targets for killing.
On 23 October 2021, at least 20 people were killed and more than 40 wounded when a moderate Islamist group clashed with Somali government troops over control of a town in central Somalia. Mogadishu had been denying the group’s request to rule as an Islamic entity, saying its members should peacefully seek power through their respective clans. It also wanted the group’s militia to be integrated into national forces.
On 25 November 2021, an al-Shabab Islamist group bombed Somalia’s capital, killing eight and injuring 17.
On 12 January 2022, at least eight people were killed in the Somali capital Mogadishu when a car bomb targeted a convoy. The attack was claimed by al-Shabab. In a brief statement, the group said it was targeting “foreign officers”. Witnesses told AFP news agency that a multi-vehicle private security convoy escorting foreigners was passing by the area when the explosion hit.
On 16 January the Prime Minister’s spokesman, Mohamed Ibrahim Moalimuu, was wounded in Mogadishu, and four persons were killed by a car bomb on 18 January.
On 10 February, an explosion aboard a minibus bringing delegates to the Somali legislative elections resulted in at least six fatalities and twelve injuries. The al-Shabab group claimed responsibility for the assault. Due to these escalating tensions and political turmoil, the elections that were scheduled to take place on 25 February were once again postponed.
On 16 February, at least five people were killed, and 16 others injured when the al-Shabab extremist group attacked a police checkpoint in the capital Mogadishu.
In a Fides interview on 19 February, Msgr. Giorgio Bertin, the Apostolic Administrator of Mogadishu and Bishop of Djibouti stated: “It is clear that al-Shabaab, seeing the quarrel of the political class at the state and regional level, has decided to resume its activities. We take advantage of the vacuum to send a message to the population: this federal government is not capable of maintaining order and stability, be by our side and you will be safe. The message is addressed mainly to the population of rural areas, but the population of cities is not forgotten. The correct response to these messages would be elections and the start of a political process of stable government”.
On 29 March, al-Shabab launched an attack against the Af Urur military base in the north of the country, killing four soldiers. That ambush came barely a week after two deadly attacks on the 23 March: one on the Halane base near the airport in the capital, Mogadishu, and twin blasts in the city of Beledweyne, in central Somalia, which killed 48 people and injured more than 100. Among the killed was Amina Mohamed Abdi, a prominent opposition politician and outspoken government critic. Al-Shabab said it carried out the attacks to target politicians contesting Somalia’s elections, which were already more than a year overdue.
On 3 May 2022, ten members of Burundi’s African Union (AU) peacekeepers were killed in an assault on the AU El Baraf base in Somalia, located 150 km to the north of the Somali capital Mogadishu. Al-Shabab claimed responsibility for the attack. Twenty-five AU soldiers were injured, and twenty members of the terrorist group were also killed. Burundi is one of the countries that contributes the most by sending troops to the African Union Mission in Somalia (ATMIS).
On 15 May 2022, presidential elections were held in Somalia. After being repeatedly postponed, the victor was Hassan Sheikh Mohamud. The results of the elections gave optimism to the nation. A delegation including Bishop Giorgio Bertin travelled to Mogadishu to restart ties with the Somalian authorities meeting the newly elected officials, including the new Chamber president.
On 14 August 2022, Pope Francis expressed concern and prayers to those countries, including Somalia, suffering from serious humanitarian crises exacerbated by drought. The Pontiff said, “the population of this region, who already live in very precarious conditions, are now in danger of dying from the drought. Unfortunately, war diverts attention and resources, but these are the goals that require the greatest commitment: the fight against hunger, health, education.”
For Christians, especially those that have converted from Islam and are at risk from their own families, daily life is fraught with danger. Particularly in regions controlled by al-Shabab, where not being a Muslim can bring death, the oppression is intense. Despite a slight decrease in violent attacks against Christians in the period under review, persecution remains extreme. Faith is hidden and prayers made in secret.
There is only one Catholic priest who resides in Somaliland and celebrates Masses in homes. The remainder, and majority of the Christian presence in Somalia, are those Italian, Burundian and Ugandan army troops deployed as part of AMISOM (military force of the African Union) as well as UN and NGO workers. These are principally served by army chaplains.
The small number of non-Muslim believers in Somalia are largely Christians who have converted from Islam. Conversion is seen as a betrayal to family and community; an individual even suspected of conversion is likely to face harassment, intimidation or even murder. If a male convert is suspected and the life is spared, a Christian man is denied his inheritance, a boy denied his education. Female converts to Christianity, however, bear even greater punishments; a Somali woman merely suspected of being a Christian is liable to be raped and humiliated in public, to be kept under strict house arrest, abducted, forcibly married or even killed.
Prospects for freedom of religion
The election of Hamza Abdi Barre as the next Prime Minister of the Federal Government of Somalia offers Somalis some cause for hope. Beyond this, the situation remains dire. Violence in the country continued apace during the period under review perpetrated by groups like the Islamic State and its affiliates, as well as al-Qaeda and al-Shabab.
The continued political instability and disagreements among local Muslim communities has also enabled al-Shabab to insert itself as a form of proxy authority. According to a recent report by Al Jazeera, the group is starting to provide essential services and creating a separate judicial system to handle legal issues as part of a campaign to win local support. For some, the parallel legal system is a quick and affordable substitute to the Somali judicial system where cases can drag on for years and where high legal costs frequently prevent litigation from even being admitted to court. The developments reveal the malevolent goal of a state within a state.
Prospects for human rights, including freedom of religion, are substantially negative for the future. There are, at present, no indications that the situation will improve.
Somalia