- 142 5.4
As to the petitioner’s fear of torture because of his position within UNOSOM, the State
party contends that there is no evidence that this was a significant position or that he was known
generally as being employed by UNOSOM or contributing directly to the aims of UNOSOM.
Neither is there any evidence to suggest that former employees of UNOSOM are at risk from
either faction of the USC. Furthermore, in the absence of any central records kept in Somalia for
almost a decade, it is difficult to ascertain how members of the USC would know about the
petitioner’s involvement with UNOSOM without the petitioner’s own admission.
5.5
On the allegation that the petitioner is a member of a minority clan that is unable to offer
him protection anywhere in Somalia, the State party observes that the petitioner did not indicate
in his evidence to the Refugee Review Tribunal hearing that he feared he would be tortured
because he was a member of the Shikal clan. Rather, he stated that his clan would not be able to
protect him but that he could be attacked by the Hawiye clan to extort money from him to
support their militia, the USC. According to the State party, this does not demonstrate that he
personally would be at risk as a member of the Shikal clan.
5.6
The State party accepts that there has been a consistent pattern of gross, flagrant or mass
violations of human rights in Somalia in general and that members of small, unaligned and
unarmed clans, like the Shikal, have been more vulnerable to human rights violations than
members of larger clans. Although there has been continued violence and upheaval, this risk is
faced by the population at large and is particularly high in Mogadishu and in southern Somalia.
This does not constitute evidence that the petitioner himself is personally at risk of torture. In
addition, the State party states that, although the level of violence has declined since the election
of the interim Government, the situation remains tense. The interim Government has
incorporated many of the militia into a national police force. Although some of the faction
leaders in Mogadishu have refused to recognize the interim Government, the Habr-Girdir
sub-clan of the Hawiye clan supports the interim President. The faction leaders currently in
south Mogadishu come from the Habr-Girdir sub-clan, as does the interim President.
5.7
The State party observes that the domestic review processes found that even if the
petitioner did face a danger of torture if he was returned to Mogadishu, he would have the
alternative of settling in Galkayo (north-east Somalia) where he previously resided for a
significant amount of time. The domestic review processes also found that the authorities in that
region accepted members of other clans, that the region was still relatively stable, and that the
petitioner would have meaningful protection from any harm he claimed to fear. USC militia or
its factions are not in control of this area, which is controlled by the Somali Salvation
Democratic Front (SSDF). Two reports on this region have indicated that north-eastern Somalia
has been an area of relative peace and stability where members of all Somali clans are welcome.
5.8
The State party submits that this finding of the domestic review procedures occurred
prior to the formation of a central Government in Somalia, now established in Mogadishu. As
the petitioner was reluctant to return to this part of the country, and given the new political
situation as described in paragraph 5.1 above, the State party submits that it is now unlikely that
there would be any reason for him to find it necessary to relocate to Galkayo rather than
Mogadishu.
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