Somalia

Risk of genocide and crimes against humanity

In the last 25 years Somalia has moved in a series of downward steps from informal toleration of its Christian minority to attempts at its complete eradication.

The government of President Mohamed Siad Barre who seized power in a 1969 military coup followed an ideology of authoritarian Socialism, which while confiscating church property, allowed a degree of informal tolerance of Somali’s small Christian minority. The assassination of Bishop Pietro Salvatore Colombo, the RC bishop of Mogadishu as he was leaving the cathedral in 1989 marked the end of any form of toleration for Somalia’s Christians. President Barre blamed the killing on Somalian Islamists although there was also suspicion of the government due to Bishop Colombo’s criticism of it.[1]

The overthrow of the Barre regime in 1991 led to several years of lawlessness, during which Somaliland in the north, facing the Gulf of Aden, declared independence and Puntland in the north east declared itself an autonomous region of Somalia. 

A transitional national government was formed in 2000 but failed to establish national jurisdiction, a central army and police force, or any system of administration of justice. Warlords and their militias created clan-based fiefdoms controlling local areas, with their members engaged in kidnapping for large ransoms and widespread human rights abuses with impunity.

Out of this lawless chaos the Islamic Courts Union (ICU) emerged as a network of informal shari’a courts with their own militias seeking to enforce law and order by means of hudud laws, such as amputation for theft and execution for apostasy. In 2006 militias linked to the ICU seized the capital Mogadishu before being driven out by an Ethiopian military intervention.

In December 2006, al-Shabab (Arabic: “The Youth”) which had been a key part of the ICU’s military of wing broke away to become an independent jihadist organisation and now controls much of rural south and central Somalia, despite military interventions by the both western and African countries. It has ruthlessly sought to eradicate both Christians and all symbols of Christianity from Somalia, as well as mounting major terrorist attacks specifically targeting Christians in Northern Kenya, accompanied by media statements saying it is seeking to eradicate Christianity in this area.

Current issues

All Christians in all parts of Somalia now live in fear of their lives as to be Somali is to be Muslim. The combination of a highly conservative Islamic society with a tightly controlling clan structure means that anyone suspected of becoming interested in Christianity is at risk of being killed by members of their family or clan, with the clan structures regarding this as an honour killing.

Even expatriate Christians in the government-controlled capital of Mogadishu now have to meet in secret.[3]

The Bible in Somali, which was first published in 1977, can now only be purchased outside of Somalia and anyone having a copy risks extra judicial execution.

No church buildings are permitted to be used. An August 2017 attempt to re-open a Catholic church in government-controlled Mogadishu led to it being closed a few days later due to a public outcry. [4]

It is extremely difficult to obtain verifiable information about specific incidents of Christian persecution in Somalia, due to the widespread violence and intimidation against journalists by both Islamists and the government, as well as general lawlessness.[5] Somali human rights organisations having been closed down and even in the self-declared independent Republic of Somaliland foreign media have been expelled.[6] However, prior to this there were multiple reports of Somali Christians and their children having been executed by al-Shabab and other jihadist groups for offences such as being found with a Bible when stopped at a roadblock or refusing to divulge information about other Christians, with executions sometimes taking place by beheading.[7] The well documented and continuing examples of similar al-Shabab attacks on Christians in northern Kenya (see below) where it is far easier to document attacks, as well as media statements accompanying such attacks indicating that the intention to eradicate Christianity in the area, which it claims is a “Muslim area”,[8] provide strong evidence that this is also the case inside Somalia.

Many Christians belong to the Bantu Somalia’s largest minority group, (black Africans who are either the descendants of former slaves or indigenous farmers)[9] who are also specifically targeted because they are not Arab, not part of the Somali clan structure, and are often viewed by Arab Somalis in terms of their slave ancestry.[10] There is also an exceptionally widespread prevalence of rape in Somali society which means that many Christians suffer a double or even triple vulnerability.[11]

Al-Shabab have also made repeated attacks on Christians in Kenya, where Christians are typically executed on the spot simply because they are Christians, regardless of whether or not they have converted from Islam. During such attacks al-Shabab have repeatedly separated out Christians from Muslims then executed only the Christians.[12] In the worst, such attack, in 2015 on Kenya’s Garissa University 148 people were killed, the overwhelming majority of whom were Christian students.[13] Some such attacks also involve execution of Christians by beheading,[14] which jihadists believe has specific religious significance.[15]

Legal situation

Somalia is governed by a combination of constitutional law, shari’a and customary law. Whilst the former was most influential at national level until 1991, since then shari’a has been predominant.[16]

Relationship between parliamentary law and shari’a

The 2012 Federal Constitution represents a significant degree of Islamisation compared to the 1960 constitution.[17] Whilst the earlier constitution had merely required laws to conform “to the general principles of Islam” (Article 50), the new constitution makes the constitution subservient to shari’a stating

“No law which is not compliant with the general principles and objectives of Shari’ah can be enacted.” (Article 2[3])

“After the Shari’ah, the Constitution of the Federal Republic of Somalia is the supreme law of the country.” (Article 4 [1])

It also states that the interpretation of rights is subject to “the extent that they are consistent with the Shari’ah” (Article 40[4])

This in effect makes parliamentary law and human rights guarantees subject to scrutiny by shari’a judges.

The 2012 constitution also requires judges to have qualifications in shari’a, which effectively excludes non shari’a lawyers from becoming judges (Article 109B[2]). It also requires the federal president to swear an oath to act “in the best interest of the Nation, People and Religion” (Article 104), the religion of state having already been stated to be Islam (Article 2[1]).

Although the 2012 constitution establishes a Human Rights Commission, one of the duties of this is to promote shari’a (Article 41).

All of this is in contrast to the 1961 Penal Code which is entirely based on constitutional law,[18] although even this contains a potentially wide-ranging Islamic blasphemy law which made any criticism of Islam or Muslims a criminal offence (Article 313).

Freedom of religion or belief

The 1960 constitution had contained a clause guaranteeing everyone freedom of conscience and freedom of religious profession and worship, although with the addition of a text specifically stating that this does not include the freedom to seek to persuade others of non-Islamic beliefs.[19]

(1)    Every person is free to practice his or her religion.

(2)    No religion other than Islam can be propagated in the Federal Republic of Somalia.

The 2012 constitution does however add a specific exemption for schools owned by non-Muslims from the requirement to teach Islam (Article 30[8]). 

However, in practice, the inability of the Somali government to implement law and order or basic judicial functions across most of Somalia means that even these constitutional guarantees have no effective value.

Somaliland

Although (the self-declared) Independent Republic of Somaliland is sometimes viewed in the west as more tolerant than other parts of Somalia, in fact its constitution[20] is far less tolerant. In particular:

• -    No laws may be contrary to shari’a and the state must promote and fulfil shari’a principles (Article 5 [2,3]) and the Ulema Council have a responsibility to rule whether any matter is contrary to shari’a (Article 115).

• -   Existing laws which were in force at the time of the declaration of independence and new constitution are only valid if they do not conflict with shari’a.

• -        There is a specific prohibition on amending the constitution in anyway which conflicts with the “principles of Islamic shari’a” (Article 127). This effectively acts as a ratchet lock preventing any legal move towards freedom of religion for Christians.

• -          The promotion of any religion other than Islam is prohibited (Article 5 [1]).

• -          Islamic education is compulsory at all levels of education with no exceptions and the state has   a specific responsibility to promote Qur’anic schools (Article 15[3]).

• -          Preaching any divisive form of religion is termed “sedition” (Article 33[2]).

• -          Every citizen has a duty to defend the religion of Islam and may be punished for failing to do so (Article 34[1,5]).

• -    Only Muslims may stand for election to be members of the House of Representatives (Article 40[1]), the House of Elders (Articles 62,129), President or Vice-President (Article 82[2]).

While, unlike all previous Somali constitutions, the Somaliland constitution does NOT contain any right to practice a religion merely to “believe” a religion and specifically prohibits anyone brought up as a Muslim from converting to another faith:

Every person shall have the right to freedom of belief, and shall not be compelled

to adopt another belief.  Islamic Sharia does not accept that a Muslim person can

renounce his beliefs. (Article 33[1])

Although the prohibition on being compelled to adopt the belief of another religion provides some theoretical protection for Christians, it only applies to those whose parents brought them up as Christians – and as it has not been possible for Somalis to be openly be known as Christians since the early 1990s, this clause is of no practical value to Somali Christians.

Ideologies linked to persecution

Clan membership. The lack of effective government and law enforcement means that the only effective protection for Somalis lies in the tightly knit Arab clan structure, or for the Bantu, who as non-Arabs are outside it, having a clan patron who they serve. However, the clans enforce a very conservative form of Islam which views anyone suspected of interest in Christianity as deserving of death.

Al Shabab ideology. Al Shabab emerged from the lawlessness which followed the overthrow of President Barre’s authoritarian regime. Its first leader, Aden Hashi Ayro, was an Islamist, who received training in Afghanistan and specifically modelled al-Shabab’s principles on those of the Taliban. Ayro became part of the Islamic Courts Union, which sought to bring law and order to Somalia through a strict application of shari’a. In 2006, al-Shabab which had been its military wing, broke away and sought to frame itself as part of a global jihadist struggle. By the late the 2,000s it had developed close ties with the revolutionary Salafist-jihadist[21] organisation al-Qaeda which had originally been based in Sudan before relocating to Taliban controlled Afghanistan in 1996 and had carried out attacks in the Gulf of Aden and East Africa since 1992 when it bombed a Yemen hotel where US troops en route to Somalia were staying. Al Shabab has exhibited a particular hatred for all expressions of Christianity and Christians. Its earliest activities included multiple killings of international aid workers in Somaliland, the disinterment of an Italian Christian cemetery and has engaged in targeted killings of Christians both in Somalia[22] and neighbouring countries, such as Kenya, which its jihadists have specifically separated Christians and Muslims before executing the Christians.

Salafism. Salafis seek to create a society which closely follows the example of the first three generations of Muslims known as “the pious predecessors” (al-Salaf as-sālih). They use an Islamic device known as takfir to declare any Muslim who does not share what they claim is their “pure” form of Islam, an apostate and therefore a legitimate object of jihad.

The Shari’a of Classical Islam. The Shaf’I school of shari’a which predominates in Somalia requires the execution of both male and female apostates, who are given three days to repent before being killed. Moreover, unlike the Hanafi school which predominates in countries such as Afghanistan, apostasy does not have to be actually spoken, a situation which allows mere interest in Christianity to be regarded as apostasy.

Wahhabism. From the first few years of the twenty first century Saudi inspired Wahabbism began to significantly influence Somalia with clerics seeking to enforce strict religious observance with a group calling itself ‘the authority for the promotion of virtue and prevention of vice’, similar to the Saudi religious police.[23]

Future risk

Al-Shabab now appears to be pursuing a dual political and military strategy to take control of the entirety of Somalia. In recent years it has sought to win support in this highly conservative Islamic country by taking on quasi-state functions. For example, in 2017 al-Shabab were reported to be distributing food aid in the south including forming drought committees in six regions.[24]

There is a risk that the weak Somali government may seek to reach some form of accommodation or coalition with al-Shabab in order to cling on to power. This has become a particular risk as the UN Security Council continues to implement a reduction in troop numbers of the African Union peacekeeping mission in Somalia and handover of security to the Somali government.[25] In August 2022 the Somali government appointed the former deputy leader of al-Shabab as its religious affairs minister, having previously detained him in 2018 in circumstances which have never been fully explained.[26] In July 2023, a few days after the deadline for the reduction in UN/African Union peacekeeping forces,[27]  al-Shabab called on the US government to negotiate with it to hand over control of all of Somalia to it in a similar manner to which it handed control of Afghanistan to the Taliban.

Al-Shabab has sought to expand its influence into neighbouring Kenya by exploiting ethnic and land disputes.[28]

In 2022 al-Shabab launched a major cross border offensive into neighbouring Ethiopia. Whilst this may have been simply due to the presence of Ethiopian forces fighting it in Somalia, some analysists have suggested it may have been an attempt to stimulate an Islamist insurgency in Ethiopia.[29]

Church History 

We do not know exactly when Christianity first reached Somalia. However, it is clear that it reached the Gulf of Aden in its first centuries as Najran (Yemen and San’a) across the Gulf to the north west had a bishopric by 225 AD and the Island of Socotra off the north east coast of Somalia  had its own bishop by 410 AD, making it probable that there was at least some Christian presence on the coast of Somalia which lay between these.[30] The presence of Christians at Najran is also confirmed by early Islamic sources and possibly alluded to in the Qur’an.[31] When Francis Xavier visited the Socotra islands in 1542 the inhabitants who identified themselves as Christians, claimed to have been converted by the apostle Thomas. Medieval Islamic sources, such as the eleventh and twelfth century geographers al-Biruni and al-Idrisi speak of the Somali port city of Seylac (Zeila) as then being a predominantly Christian city. There have also been archaeological reports of symbol of the cross being found in Somalia.[32]

The modern Somali church dates from the late nineteenth century. By 1935 when Mussolini expelled missionaries there were reported to be 350 Somali Christians in Italian Somaliland (the eastern part of present day Somalia facing the Indian Ocean) and an unknown number in British Somaliland (the area facing the Gulf of Aden) where British colonial authorities had prohibited mission work in the early twentieth century.[33] A large Roman Catholic Cathedral was opened in 1928 and at the point when the bishop was assassinated whilst leaving it in 1989, the Catholic population was estimated at 2,000.[34] In the 1970s and 80s they were joined by a number of Ethiopian Orthodox Christians fleeing persecution by the Marxist regime then in Ethiopia.[35] In addition, since the early twenty first century there has been a small, but significant number of first and second generation Somali converts from Islam.[36]

© Material in this analysis may be freely reproduced or quoted in context provided i) the source is explicitly acknowledged as The Lindisfarne Centre for the Study of Christian Persecution and ii) the date of download is stated.

August 2023