Somalia’s Battle Against Organized Crime: A Failing State

International Obligations

Somalia has ratified several international treaties aimed at combating organized crime. These include:

Protocols on Children in Armed Conflict: Somalia has committed to protecting children from being recruited and used in armed conflicts.
Conventions on Psychotropic Substances and Narcotic Drugs: The country has signed agreements to prevent the production, distribution, and use of illicit substances.

Domestic Laws and Regulations

Despite these international commitments, Somalia’s domestic laws lag behind. Key issues include:

Outdated Penal Code

The penal code in Somalia has not been updated since 1964, making it inadequate for addressing modern organized crime threats. There is a lack of explicit legislation to combat sex trafficking and forced labor.

Criminal Justice System

The federal judiciary has taken steps to prosecute terrorism offenses and financial crimes. However, the formal justice system faces criticism due to:

Military Courts

Military courts continue to try civilians suspected of being members of al-Shabaab or Islamic State, raising concerns about fair trial and human rights.

Law Enforcement Capacity

Somalia’s police force is plagued by corruption and impunity, making it difficult to combat organized crime. The government relies on bilateral support for policing and security, but the national police’s effectiveness and legitimacy are limited in the communities they serve.

Economic Environment

The financial landscape in Somalia contributes to its vulnerability to organized crime:

Mobile Money Transfer Operators

Mobile money transfer operators have contributed to the weakening of the Central Bank of Somalia, allowing illicit transactions to flow through the system.

Hawala Systems

Hawala systems enable transactions to flow across borders without surveillance, making it difficult for authorities to track financial flows.

Al-Shabaab’s Financial Networks

Al-Shabaab uses domestic financial institutions to collect and distribute revenue, further complicating efforts to combat organized crime.

The majority of Somalia’s population lives in a situation of almost permanent food insecurity. The government relies on international assistance for basic services, which is often politicized and subject to extortion by al-Shabaab.