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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> A v Secretary of State for the Home Department (Somalia) [2004] UKIAT 00080 (23 April 2004) URL: https://www.bailii.org/uk/cases/UKIAT/2004/00080.html Cite as: [2004] UKIAT 80, [2004] UKIAT 00080 |
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APPEAL No. [2004] UKIAT 00080 A (Somalia
)
Date of hearing: 19 March 2004
Date Determination notified: 23 April 2004
A | APPELLANT |
and | |
Secretary of State for the Home Department | RESPONDENT |
"Some areas have provided a safe refuge for people from other clans and minority groups displaced from elsewhere inSomalia
. The Majerteen-led Puntland administration has, for example, permitted Somalis from all clans and non-Somali minority groups, even former supporters of Siad Barre, to move freely through and settle in the area under its control. The SNM administration in Somaliland has allowed Somalis who originate from the north-west and minorities such as the Bantu to settle in its territory. Even Ogaden clan members, who had moved into the north-west under Siad Barre's administration, have been able to remain in Somaliland and live without undue harassment. While occasional localised clan-based outbreaks of fighting may occur, there is no general clan-based persecution in Somaliland. The authorities in the Hiran region also allow all Somalis to move, and settle with permission, within their territory."
The material that has led to this paragraph was all dated 1996 to 1998 and thus it may reflect a position that no longer exists in Somaliland. It is referred to, however, in the recent operational guidance note at paragraph 3.7.5 which states as follows:
"In most cases members of minority groups other than the Bajuni, Bravanese/Benadiri are unlikely to qualify for asylum or Humanitarian Protection unless they demonstrate individual circumstances to the contrary. There is no specific risk to members of minority groups who originate from or have been permitted to settle in Somaliland or Puntland. However, members of minority groups in southernSomalia
are, inevitably, at a greater degree of risk and the circumstances of each individual case will need to be taken into account."
"For purposes of voluntary repatriation, UNHCR policy divides the country into north and south, i.e. areas recognised as being stable (north) and areas recognised as not yet stable because of the absence of civil administrative structures to guarantee security (south). The areas administered by the Somaliland and Puntland authorities fall into the northern sector of the country, and the rest into the southern sector. Accordingly, UNHCR considers the part of the country from the city of Galkayo to the north as the northern sector. Areas south of Galkayo, constitute the southern sector of the country.
In view of the improvements in peace, security, stability and governance in northernSomalia
(Somaliland and Puntland), UNHCR is promoting the voluntary repatriation of Somali refugees originating from there. The reintegration of returnees is assisted primarily through community-based activities. Voluntary repatriation of refugees who wish to return to pockets of peace in southern
Somalia
has been facilitated by UNHCR on an individual basis.
When UNHCR promotes repatriation to any area, the understanding is that the factors that drove refugees out of that area have broadly ceased to exist.
In the case ofSomalia
, UNHCR has assessed that the majority of refugees who fled areas which are now in the northern sector can safely return to their habitual areas of former abode, although their right to return is seriously challenged by the over-stretched absorption capacity. Also, importantly, it cannot be ruled out that some individuals originating from Somaliland and Puntland may have a well-founded fear of persecution. Claims to this effect should therefore be dealt with in line with global standards of refugee status determination.
Prior to arranging repatriation movements, UNHCRSomalia
requests clearance from the local authorities for all refugees wishing to repatriate to
Somalia
. This is to ensure that repatriants are welcome in their area of return, and to avoid any negative consequences arising from their being possibly considered to belong to an area different than their chosen destination. This is of particular relevance in Somaliland, which, because it considers itself an independent state, considers non-Somalilanders as foreigners…. Clan considerations play an important role. Generally, the lack of local clan and other support-systems forces most Somalis who no do not originate from the area to join the misery of the 31,000 IDPs, who live in squalid conditions below the poverty line with very limited access to basic services and physical and legal protection. "
The position paper goes on at page 8 as follows:
"The general pattern of human settlements prevailing in many parts of Africa, includingSomalia
, is often characterised by common ethnic, tribal, religious and or/cultural factors, which enable access to land, resources and protection from members of the community. Consequently, this commonality appears to be the necessary condition to live in safety. In such situations, it would not be reasonable to expect someone to take up residence in an area or community where persons with a different ethnic, tribal, religious and/or cultural background are settled, or where they would otherwise be considered as aliens.
The only conceivable alternative could be to move to the slums of a big city, where internal migrants from the countryside lead a precarious existence, often in appalling living conditions. Persons with a rural background may be rendered destitute there and thus be subjected to undue hardship. Therefore, it would be unreasonable to expect a person to move to an area in his or her own country other than one where he or she has ethnic, tribal, religious and/or cultural ties.
This is true also in Somaliland and Puntland. They already host some 60,000 and 31,000 IDPs respectively, which by far exceeds their absorption capacity. In the absence of clan protection and support, which means weak or negligible social networks, a Somali originating from another area would be likely to join the many other underprivileged IDPs who suffer from lack of protection, limited access to education and health services, vulnerability to sexual exploitation and abuse and labour exploitation, eviction, vulnerability to sexual exploitation and abuse and labour exploitation, eviction destruction and confiscation of assets. Specifically, in Somaliland, a self-proclaimed independent state, those not originating from this area would be considered as foreigners, and face significant acceptance and integration problems, particularly taking into account the extremely difficult socio-economic situation of those native to the territory.
…..
In this regard, it should be noted that 'place of origin' should not necessarily be equated with 'place of birth'. …A case to illustrate this point is the voluntary repatriation by air to Puntland of Somali refugees from the Dodaab camps in Kenya. Whilst most of them fled to Kenya from the south ofSomalia
they returned to their clan basis in Puntland. Therefore the determining factor in defining where a person originates from is where the person has effective clan and family ties and where clan protection is thus available."
His Honour Judge N Ainley
Vice President