In one tragic incident, three humanitarian workers lost their lives during their duties, including a female nurse who fell victim to a coordinated attack by Al-Shabaab on the Pearl Beach Hotel and Restaurant in Abdiaziz district, Mogadishu, on 8 June.

“As for Quarter 1 2023 (January to March), in Quarter 2 (April to June) humanitarian access in Somalia continued to present significant challenges. Humanitarian partners operating across the country reported a total of 66 access incidents,” OCHA Somalia said in its July bulletin.

Moreover, nine humanitarian workers were abducted in separate incidents – two in Southwest State on 23 June and another in Hirshabelle State on 5 June. The perpetrators behind these abductions, believed to be Al-Shabaab, have not disclosed their motives. In response, local elders have taken the initiative to negotiate the release of the abducted workers, and so far, five have been freed under undisclosed terms and circumstances.

On Tuesday this week, Médecins Sans Frontières (MSF), also known as Doctors Without Borders, suspended its activities at Laascaanood General Hospital due to escalating violence and recurrent security incidents, compromising the safe delivery of medical care.

Numerous factors contribute to the impediments faced by humanitarian agencies, including movement restrictions imposed due to military operations, bureaucratic hurdles, interference in humanitarian activities, politically driven decisions, and internal security concerns.

The humanitarian situation in Somalia is dire, with approximately 8.25 million people – half of the population – urgently requiring humanitarian assistance. The nation also faces acute food insecurity, with 6.6 million people affected, and 1.8 million children are at risk of acute malnutrition throughout 2023.

As the humanitarian crisis deepens, obstruction, threats, and interference against aid groups continue to hinder their operations across the country. Perpetrators of these violations remain powerful and unchecked.

Authorities in Puntland suspended the operations of ten humanitarian agencies, alleging a lack of cooperation and information sharing, violation of the NGO Act, and unregistered activities. Advocacy efforts eventually led to the resumption of these agencies’ activities. Similarly, two other humanitarian organizations encountered challenges in providing relief assistance to displaced people in the western part of Laascaanood town in Sool region after Somaliland authorities refused to grant sub-agreements.

Some reported incidents result from a lack of understanding of humanitarian operations and unfamiliarity with the principles guiding their work. This has led to misunderstandings with local authorities, communities, and beneficiaries. For example, in Waraabeeye village, Burco district, an individual opened fire at an NGO site, suspending the beneficiary registration process and demanding inclusion in the registration list. In Doolow district, Jubaland State, humanitarian organizations faced 11 new requirements issued by newly appointed staff in the District Commissioner’s office.

Southwest State experienced the highest number of reported incidents, with four recorded, followed by Puntland and Banadir with two each. Additionally, incidents were documented in Galmadug and Jubaland. In total, ten violent incidents against humanitarian workers were reported, including abductions, carjackings, damage to humanitarian assets, and threats against personnel.

Five additional incidents involving threats against humanitarian workers were documented in various regions, including Luuq district, Jubaland, where clan militia attacked a humanitarian facility, warning workers against fieldwork. In Baardheere district, Jubaland, armed individuals opened fire on aid recipients at a humanitarian distribution facility within the fitteen IDP camp. Fortunately, no casualties were reported in these incidents. In another case, a vehicle rented by humanitarian actors was intercepted in Buuhoodle district, Sool, but the driver was later released, and the vehicle returned.

As Somalia grapples with complex challenges, including security and political turmoil, governance issues, and clan rivalries, the humanitarian crisis worsens, further compounded by the obstruction, threats, and interference faced by aid groups.

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Negotiations on the proposed convention, which sets out international obligations of states, including on mutual legal assistance and extradition in the investigation and prosecution of crimes under international law, are due to begin in Ljubljana, Slovenia, on Monday 15 May.

Fisseha Tekle, Legal Advisor on International Justice at Amnesty International, said: “Investigating genocide, crimes against humanity and war crimes under international law often involves victims, evidence and perpetrators in different countries, so there is an urgent need to ensure that states can work effectively with each other to deliver justice.

“While international treaties exist for countries to collaborate legally on issues such as corruption or organized crime, the absence of a global convention on cooperation concerning suspected genocide, crimes against humanity or war crimes has been a glaring omission from the landscape of international law and justice. This convention would be an effective tool in the fight against impunity for crimes under international law.

“Pursuing international justice cannot be the sole responsibility of the International Criminal Court or other international bodies. While these mechanisms are often crucial, comprehensive justice and reparations for victims requires states to investigate crimes under international law using their own national legal systems, in cooperation with other countries.”

Many states, particularly in Europe, have opened national investigations into war crimes and crimes against humanity following Russia’s invasion of Ukraine. This convention would provide a significant improvement to the international legal framework for states conducting such investigations and prosecutions of crimes under international law, wherever they are committed.

“Amnesty International calls on negotiators to adopt a treaty which incorporates the highest international law and human rights standards. This would include the broadest possible definitions of these crimes as well as who is recognized as a victim, and enhance their rights and access to justice, truth and reparations,” Fisseha Tekle said.

Seventy-seven states are co-sponsoring the current draft of the Convention on International Cooperation in the Investigation and Prosecution of Genocide, Crimes against Humanity, War Crimes and other International Crimes. If adopted, the treaty would oblige states that have joined the convention to either prosecute suspected perpetrators of these crimes in their own domestic courts, or hand them over to another state or to an international criminal tribunal for trial there.

“Amnesty International urges all states present in Ljubljana to negotiate and adopt a convention that can be regarded as a genuine and historic legal landmark which will benefit not only investigators and prosecutors but ultimately deliver justice to the victims and survivors,” Fisseha Tekle said.

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