CCPR/C/117/D/2464/2014
establish an acceptable standard of living unless they have access to economic
resources and powerful individuals or network within the city. 19
5.7
Furthermore, the author argues that, although clan affiliation has lost its importance
in terms of protection in Mogadishu, affiliation matters, for example, to people in power,
and for several clans it is still decisive. For members of the Hawiye groups originating from
Mogadishu, clan issues do not matter. But for members of other Somali clans, such as
Darod, and for internally displaced persons, clan protection remains very important.20 As to
the prevalence of clans in the districts of Mogadishu, the author recalls that:
[A]s many neighbourhoods in Mogadishu are reportedly dominated by one clan and
sometimes affiliated armed militia, presence in such areas could, depending on the
specific circumstances, put a member of another clan at risk. There continue to be
reports of clan tensions in the context of a struggle for control of districts, and clan
militias are an additional source of insecurity. 21
5.8
The author refers to a report from the Norwegian Organisation for Asylum Seekers,
according to which three criteria must be fulfilled to access clan protection in Mogadishu:
(a) being a member of a dominant clan; (b) being from Mogadishu; and (c) having close
family connections.22 In that context, he recalls that he belongs to a distinct clan, with no
prevalence in Mogadishu, has not lived in Mogadishu since he was five years of age and
has no family connections in Mogadishu.
5.9
The author concludes that, taking into consideration his individual circumstances
and their cumulative effect, he has established that a real risk exists of being exposed to
irreparable harm in Somalia.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a communication, the Committee must, in
accordance with rule 93 of its rules of procedure, decide whether the claim is admissible
under the Optional Protocol.
6.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
6.3
The Committee takes note of the author’s claim that domestic remedies have been
exhausted. In the absence of any objection by the State party in this connection, the
Committee considers that the requirements of article 5 (2) (b), of the Optional Protocol
have been met.
6.4
The Committee further notes the State party’s argument that the author’s claims
under article 7 of the Covenant should be declared inadmissible owing to the failure to
establish a prima facie case. However, the Committee considers that the author has
adequately explained the facts on which his allegations are based and that he has
19
20
21
22
See Home Office of the United Kingdom of Great Britain and Northern Ireland “Country Information
and Guidance — South and Central Somalia: Majority clans and minority groups” (March 2015),
p. 15.
See Country of Origin Information Report (note 8 above), p. 56.
See “Country Information and Guidance” (note 19 above), p. 15.
See Norwegian Organisation for Asylum Seekers “Persecution and Protection in Somalia” (April
2014), p. 40. Available from www.noas.no/wp-content/uploads/2014/04/Somalia_web.pdf.
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