Kismayo
Key
Findings from the February 2015 DCSA Report
The Observatory for Conflict and Violence Prevention (OCVP), based in Somalia/Somaliland, was established in 2009 as a non‐
political, non‐denominational, and non‐governmental organisation with the goal of organising and supporting initiatives that promote peace‐building, security, safety and sustainable development across all regions of Somalia. As a part of its efforts, the OCVP conducts ongoing District Security and Conflict Assessments (DCSAs) in order to obtain feedback at the community level in relation to four thematic areas: security; governance; justice; conflict and violence. The assessments are conducted using a mixed‐method approach, including a household survey of district residents along with focus group discussions and key informant interviews with community representatives and key stakeholders in the local provision of governance, security and justice. (To find out more about the DCSAs, visit www.ocvp.org.) The first DCSA for the district of Kismayo was conducted in January 2015. Kismayo is the commercial hub of the autonomous Jubaland State of Somalia (Jubaland), which is a part of the Federal Republic of Somalia (Somalia). It is the third largest city in Somalia and is centrally located between the Kenyan border and Somalia’s capital, Mogadishu. The district of Kismayo benefits from a beautiful coastline and is currently the location of the main port in South Somalia. There have been frequent battles for administrative control of the Juba regions of Jubaland, which encompass Kismayo, since the fall of the central government in 1991 during the Somali Civil War. Several factors have contributed to this, including the area’s fertile soil, rich grazing ground, and marine Source: www.bbc.co.uk
resources, as well as the importance of the seaport as a source of revenue for local authorities. The region is also one of the most diverse in Somalia, with a population comprised of more than thirty sub‐clans constantly struggling for resources along clan lines. The ensuing presents a summary of the findings from the first DCSA conducted in Kismayo. Many of the formal systems in Kismayo had been recently instated following the official recognition of the Juba Interim Administration in 2013. As a result of frequent administrative and clan warfare in recent years, conflict and violence had become a feature of life in Kismayo. Despite incidences of fighting and other acts of violence at the time of this assessment, these were now on the decline compared with recent times. Consequently, there was a positive perception of safety in the area with general consensus that safety had improved over the past year. The Local Government, appointed by the Federal Government of Somalia (FGS), has responsibility for the provision of social services, including security, at the district level. There was, however, ambiguity regarding the roles of the various levels of government. A police force was in place, but the police lacked resources to effectively carry out its required mandate. As a result, there was need for the continued support of the Somali National Army and the African Mission in Somalia (AMISOM) in helping to maintain order, particularly in light of the ongoing threats faced by the district. Elders, religious leaders, and other community groups also played crucial roles in the provision of security as well as the administration of justice. The Interim Charter of the State makes provision for the Council of Traditional Elders of Jubaland, including legitimising their role as arbitrators of communal disputes. Regional and district courts had been instituted in Kismayo; however, these were yet to be fully operational. The main court serving the district had therefore been a mobile court sent from Mogadishu. Notably, elders were most trusted among the security and justice providers in Kismayo. 
Security
There was a police presence in the district of Kismayo which most persons (80%) were aware of. The police was also aided by the Somali National Army and AMISOM troops as well as the District Administration (local government), district elders, and religious leaders in carrying out this function. Security provision was seen as paramount considering the fragile state of security, largely as a result of the close proximity of Al‐Shabaab, which previously had control of the city. Trust for the police was, however, low with more than one half of respondents in the household survey (54%) stating that they had fairly or very low levels of trust in the police. When asked to indicate their reporting preferences for various security issues or concerns, elders were identified as the preferred choice for civil matters, petty and serious crimes. Next to the elders, the police were identified as the most trusted provider for civil matters and petty crimes. Notably, however, the court was preferred ahead of the police for matters relating to serious crimes. Overall, elders followed by the courts, were regarded as the most trusted security provider in responding to crime and violence, while the police along with religious leaders ranked third. Unbiased enforcement was the most cited reason for level of trust in the court and traditional elders, while ease of access was the most cited factor influencing trust in the police. The stated preferences and the overall trust Trust towards the Police
in security providers in responding to crime and violence as well as the underlying reasons implies that Overall
42%
54%
4%
respondents were not clear on the roles of the various institutions in the provision of security. Males
38%
56%
6%
Specifically as it relates to the police, several challenges which had the potential to negatively impact their Females
47%
51%
2%
performance were identified. In particular, it was noted 0%
20%
40%
60%
80%
100%
that there was only one police station, lack of a comprehensive and sustainable security strategy, and Very/Fairly High
Very/Fairly Low
Don't Know geographical limitations which restricted free movement to areas within the district. While it was acknowledged that the police faced several challenges in fulfilling its mandate, there was still a general perception that the performance of the police had improved over the past year (55%). Notably, only 4% of respondents felt that the performance of the police had declined during this time. Females had a more favourable perception of the performance of the police, as indicated by 62% of females compared with 49% of males stating that the police performance had improved. 
Justice
The courts in Kismayo had only recently resumed operations in December 2014. There were two courts in place ‐ a regional court and a district court ‐ but these were not yet fully functional. There was also access to a mobile court, which was periodically sent from Mogadishu to assist in the provision of justice in the area. The majority of respondents in the household survey (67%) acknowledged the presence of the court in the district. Elders and religious leaders (informal justice providers); however, continued to play a key role in the provision of justice to the community. Confidence in the formal justice system
Matters of justice had mostly been referred to the elders, followed by religious leaders, whereas the Overall
70%
23%
7%
courts had been least frequently utilised. Usage of the informal justice providers had been higher among Males
67%
25%
7%
male respondents than among female respondents. The reverse was observed with respect to usage of the court. However, similar issues had been brought Females
73%
20%
8%
before all three entities, with land disputes, robbery, 0%
20%
40%
60%
80%
100%
and household violence being identified as the main issues that were brought to each. Very/Fairly Confident
Not Confident
Don't Know When asked to identify who among the various justice providers they trusted most to solve cases, elders were mentioned most frequently (57%), followed by the court (23%), and religious leaders (13%). Fair judgments was the most significant factor influencing respondents’ trust in each of the justice providers. Commenting on the elders’ role in the provision of justice, participants in the focus group discussions noted that elders were highly respected by the Kismayo community. They pointed out that the elders had regulations which governed them and purported that they were more knowledgeable about past and contextual challenges. Despite the more favourable attitude towards the informal justice providers, as well as the fact that the courts in the district had only recently resumed services to the community, most respondents (70%) stated that they had very or fairly high levels of confidence in the formal justice system. Women, in particular, were more likely than men to state that they were very confident in the formal system (46% females compared with 26% males). This did not mean that the formal system was without criticism. Concerns were raised regarding the limited infrastructure and general accessibility of the courts. Bearing in mind the fact that the courts had only recently been reinstated, nearly one‐quarter of respondents (23%) also stated that they were not confident in the formal justice system, while another 7% of respondents did not give an indication of their level of confidence in the courts.  Governance
The four districts in Jubaland are each headed by a District Commissioner who serves as head of the Local Government. The District Commissioner is appointed by the President and in turn appoints respective chairpersons for each sub‐division and neighbourhood. The neighbourhood chairperson represents the smallest group and is responsible for fifty households. Importance of having elected officials
Under the ambit of the Central State Government (Jubaland), Don't Not the Local Government assumes responsibility for the provision Know 2%
Important 10%
of services including tax administration, sanitation, hygiene, security provision, and education. There is, however, some confusion between the roles and functions of the Central Important 87%
Government (Jubaland) and that of the Federal Government of Somalia as Federalism is not yet fully entrenched. Elders and other community stakeholders, including women’s groups and youth committees, spoke favourably of their interaction with the Local Government, stating that they were often invited to meetings at offices of Local Government representatives, or at the district’s Social Affairs Office. These meetings were a part of the wider consultative process in which governance providers sought to engage the community regarding matters pertaining to development. However, in contrast to these views, a prominent IDP representative stated that the administration did not seek to consult with anyone and only implemented issues as they see fit. Respondents in the household survey identified a number of areas, which they perceived as being pressing issues within their communities. Chief among these was a poor water supply (67%), followed by poor health (61%), poor education (54%), poor sanitation (52%), and unemployment (49%). The Deputy District Commissioner cited resource constraints as the Local Government’s main challenge in carrying out its mandate, stating that direct implications of this ranged from insufficient funds for payment of local government officials to being unable to provide the range of security and other facilities that are necessary for maintaining law and order. Other challenges mentioned during focus group discussions included lack of unity, ‘clanism’, and limited awareness of the roles and responsibilities of the different government departments. Nevertheless, participants in focus group discussions spoke about recent work that the Local Government had done towards improvements in a number of areas including road rehabilitation, hygiene and sanitation. The majority of respondents (87%) also maintained that it was important to have elected officials.  Conflict and Violence
Subsequent to the collapse of the central Experience with conflict and violence
government, there had been several battles for 27%
control of Kismayo. Up until 2012, the District had 30%
been governed by Al‐Shabaab and had only recently 25%
17%
resumed the process of reinstating systems to handle 20%
local issues relating to conflict and violence. This 15%
continued to take its toll, primarily due to battles for 10%
5%
administrative power and inter‐clan disputes. The 0%
findings therefore suggest that the area had seen a Winessed conflict between Witnessed crime or violence decline in clan and other group conflicts as less than different clans or subgroups against someone outside of the household
one in five (17%) respondents stated that they had witnessed such conflicts in the past twelve months. There were, however, more frequent accounts of witnessing incidences of crime and violence during that time (27%). Perception of safety
Overall
90%
Males
92%
Females
10% 1%
8%
88%
0%
20%
Very/Rather Safe
40%
11% 1%
60%
Very/Rather Unsafe
80%
100%
Don't Know
The elders were noted to be instrumental in the resolution of conflicts and often played a role in assisting with conflict prevention. Land disputes along with domestic or family disputes were some of the main issues that were handled by elders. However, conflicts of this nature were said to be on the decline, with administrative or power struggles which involved violence perpetrated by militias having become the main concern. Indeed, among household survey respondents who stated that they had witnessed conflicts, power or cultural struggles were most frequently stated to be the cause. Family disputes, crime, and revenge were also identified as some of the main reasons for the conflicts that were witnessed. In addition to the elders’ role in conflict resolution, local committees for conflict had also been recently created. These committees assisted by alerting the police of anything which they felt could have a negative impact on the state of security in the area. Youth focus group discussants mentioned that despite being unwilling to join such groups in the past, persons were now quite interested. However, in light of the experiences of the past, there was a positive perception regarding the level of safety in the district, with 90% of respondents stating that they felt fairly or very safe. Further to this, an overwhelming majority of respondents (94%) stated that safety in the area had improved in the past year. Only a marginal 1% of respondents felt that there had been a decline in the level of safety. OCVP Mogadishu Office Zope KM 5 Hodan District Tel: +252 1 850221 Email: [email protected] Website: www.ocvp.org