Furthermore, in the absence of any central records kept in Somalia for almost a
decade it is difficult to ascertain how members of either the SNA or SSA 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 he tortured because he was a member of the Shikal
clan. Rather, he stated that "his clan would not be able to protect him but 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 show how he would
personally 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, the 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 recognise 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-Gridir 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 and learned a skill. 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 conducted 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 made by the domestic review
procedures, of the possibility of the petitioner relocating to Galkayo, 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