CCPR/C/117/D/2559/2015 Shabaab attempted to forcibly recruit him over the telephone once in 2010, the Board found that the author would not, for that reason, be at a real risk of persecution or abuse by AlShabaab or others if returned to Somalia. The State party notes that the author stated in support of his case that he was contacted only that one time and that he had not previously experienced any conflict with members of Al-Shabaab. It also notes that Al-Shabaab has not contacted the author since 2010, nor has it contacted his uncle, with whom he lived at the time of the alleged call from Al-Shabaab. 4.10 Moreover, the State party maintains that the attempt to recruit him in 2010 does not mean that the author belongs to a group of persons who would be at risk of persecution if returned to Somalia, nor does the background information available on Somalia support this allegation. The State party refers to the report entitled “Update on security and protection issues in Mogadishu and South-Central Somalia”, published by Landinfo and the Danish Immigration Service in March 2014, in which it is stated that, according to an international non-governmental organization: “Forced recruitment to al-Shabaab is only relevant in those areas where al-Shabaab is in full control. Recruitment mostly takes place via the elders. Some elders may support al-Shabaab while others do not.”7 In addition, it appeared from the background information available that the city of Galkayo, which is where the author was born and had lived, was controlled by the Government.8 4.11 As regards the general conditions in Somalia, including in the author’s home city of Galkayo, the State party submits that they are not at present of such a nature as to lead to the conclusion that everybody returning to that area is at a real risk of abuse, thereby justifying the granting of asylum solely as a result of their presence in the area. The State party also submits that the article dated 2 January 20159 provides information only about a blast that killed one person and injured four others outside an international school in Galkayo. The article includes no information on those responsible for the attack as alleged by the author. Accordingly, the State party maintains that the author’s subjective fear of returning to Somalia is not based on such objective facts, including the background information available on forced recruitment and the general situation in the author’s home region, as to constitute a sufficient basis for granting asylum. 4.12 The author has stated that the decision of the Refugee Appeals Board was contrary to section 26 of the Aliens Act, as section 26 provides that the Board must consider whether a foreigner with a close attachment to Denmark should be allowed to stay. The State party observes in this respect that the above is not a correct construction of Danish law. Section 26 (1) of the Aliens Act provides as follows: In deciding on expulsion, regard must be had to the question whether expulsion must be assumed to be particularly burdensome, in particular because of (i) the alien’s ties with the Danish society; (ii) the alien’s age, health, and other personal circumstances; (iii) the alien’s ties with persons living in Denmark; (iv) the consequences of the expulsion for the alien’s close relatives living in Denmark, including in relation to … family unity; (v) the alien’s slight or non-existent ties with his country of origin or any other country in which he may be expected to take up residence; and (vi) the risk that, in cases other than those mentioned in section 7 (1) and (2) or section 8 (1) and (2), the alien will be ill-treated in his country of origin or any other country in which he may be expected to take up residence. 4.13 The State party maintains that the provision in section 26 of the Aliens Act applies to cases concerning expulsion from Denmark. The provision also applies to cases 7 8 9 Available from www.refworld.org/docid/539193314.html. See, in particular, page 1 of the document entitled “Addendum to 2010 UNHCR eligibility guidelines for assessing the international protection needs of asylum seekers from Somalia”, which relates specifically to the city of Galkayo. Available from www.refworld.org/docid/4f675c5e2.html. Available from http://allafrica.com/stories/201501030132.html. 5