CHAPTER ONE

1.0 INTRODUCTION

1.1. Background

Crime is a global issue and its incidents has been going up in all parts of the world and
among all segments of the society and it’s a danger for public safety and social order in
total, and the world makes prevention steps and creates concerned institutions like
Police, Courts, and Prisons, and other protective measures for reducing its effect.

At the beginning of 21cenry Crime developed in to organized crimes which makes

organized criminal groups, and their purpose is to seek illicit profits and seize
opportunities to infiltrate governments and control markets of illegal goods and services
including drugs, stolen property, counterfeiting, among many others. They may use
violence and corruption to achieve their goals and often exploit legal persons - such as
firms or corporations - to commit crimes or launder the proceeds of illegal activities.
The harms produced include physical harm, economic harm, and undermining
legitimate government and business operations.1

For reason of this activities organized crime become a global problem, that against the
human peace and Universally recognizes actual danger after that to mitigate its impact
UN ENACTS United Nations Convention against Transnational Organized Crime. It also
presents a typology of organized crime activity, as distinct from other forms of crime -
such as terrorism and white-collar crime - that incorporates various forms of harmful
conduct, including provision of illicit goods and services and infiltration of legitimate
business and government. Finally, it provides a brief overview of organization and
composition of organized criminal groups.

1
United Nations Office on Drugs and Crime, PO Box 500, 1400 Vienna, Austria

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 Organized crime is a crime which is committed by organized criminal group(s).
According to the UN Convention against Transnational Organized Crime (2001), Article
2 that deals with organized criminal group as it is defined as “A structured group of
three or more persons existing for a period of time and acting in concert with the aim of
committing one or more serious crimes or offense in order to obtain, directly or
indirectly, a financial or other material benefit.These organized criminals groups are
engaged in different but serious crimes among others drug trafficking, smuggling of
migrants, human trafficking, trafficking in persons, illegal wildlife trade, trafficking of
small arms and light weapons, counterfeiting, terrorism, piracy, money laundering,
illegal organ trade others.2

Drug trafficking is the most serious and notorious transnational organized crime in the
globe. In this regard researches have indicated that drug impacts are ample and its
sphere is dramatically shifting. For instance, Africa is serving as a major drug route or
destination for other markets and its magnitude is mounting time and then. For
instance, 4.1 billion units of drug either destined or consumed in Africa in 2003 and it
accounted 13.3 percent of the global sharing (UNODC, 2010). Along this Ferragut
(2012) outshined the fact that drug traffickers, laundered billion of dollars of dirty drug
money and is using the laundered drug money to wrap their underground operating
expenses and via laundering practices they could able to avoid any financial and other
tangible or otherwise property of suspicion by the concerned bodies.3

The other face of organized crime is human trafficking. United Nations Convention
against Transnational Organized Crime (2004) defied human trafficking as ―(it) may be
understood to mean the recruitment, transportation, transfer, harboring or receipt of
persons, by means of threat o use of force or other form of coercion, of abduction, o

2
UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS THERETO

 3
Organized Crime Module 3: Organized Crime Market

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fraud deception, of abuse of power or position of vulnerability or of giving or receiving
payments or benefits to achieve the consent of a person having control over another
person, for the purpose of exploitation.

May (2017) observes that human trafficking, strictly speaking, is taking as a grant for
the sake of labor exploitation and sexual desire. In these days more than twenty million
men, women and children are under direct traffickers yoke or bondage. From this
lucrative business traffickers have been reaping more than 150.2 billion US$ every year
and most of these trafficked persons are destined and harboring in urban areas for the
purpose of exploitation in any formats. The other crime is terrorism and it is as one of
trans-boundary and organized crime, is a taking both terrorist and counter terrorism
groups attention. These days to counter terrorist and terrorism trillions of dollars have
been spending. Terrorist factions are particularly targeting infrastructures and utilities
and civilians particularly urban dwellers4.

The European Union (EU) has placed security in Africa at the forefront of its
international agenda, notably though its Pan-African Programme – the first programme
of its kind to centre on development and cooperation, and covering Africa as a whole.

Despite the Pan-African Programme is ENACT: Enhancing Africa’s capacity to respond

more effectively to transnational organized crime. the impact of transnational organized
crime (TOC) in Africa on development, governance, security and the rule of law,
Therefore this study I would like to explore and presents organized crimes under
Somali laws.5

1.2. Statement problem

Somalia has been without a functioned state ever since 1991, when the former dictator,
Siyad Barre, was overthrew. None of the competing factions where strong enough to
take his place as ruler of the country, producing first chaots, but gradually a form of

4
An Introduction to Human Trafficking: Vulnerability, Impact and Action
5
PAN-AFRICAN PROGRAMME

3
stateless order. The international intervention have ever since the failed, and counter –
productive intervention by the united nations and united states in the early 1990
exacerbated rather they mitigated the problem. Let alone solved them. This was
especially the case for the Ethiopian invasion (December 2006- January 2009), which
producer utter chaos and severe humanitarian crisis.

Since withdrawal on the Ethiopian forces, Islamic extremist militias have been
establishing control of Somalia, and they may or may not be able to maintain this
control. If they pursue to radical programe to islamisation, their reign is likely to be
short, but if they moderate themselves they may retain control.

Therefore, this study will conduct to explore the criteria or prerequisites for the
organized crimes as set out in Somali laws, to find out current situation on organized
crimes in Somalia and at the same time an attempt as to necessity of retaining the
current legal, the reason for all of this is to scrutinize the existence of legal and practical
gap and determine necessity of reform.

1.3. Objective of the study

1.4.1 General objective

This study intends to discuss the international and regional organized crime specially
organized crimes under the Somali law.

1.4.2 Specific objectives

1. To Discuss organized crimes

2- To discuss international and national the legal framework of Organized Crime

3- To mention the challenges preventing on Organized crimes

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1.5. Questions of the study

1 –What is the Organized Crime?

2. What is international and national the legal framework of Organized Crime?

3- What are the challenges that prevent of organized crime?

1.6. Significance of the Study

This study provided sufficient information on international, regional and national

organized crimes along concerned laws.

This Study used as literature review and a reference for many policy makers,
researchers, students, Universities, Government, and even other people who have close
interest on the subject matter as a law. All of those may refer and use for the
Guidelines.

1.7. Scope of the study

The scope of the study is to analyze international and regional laws of organized crime,
focusing on national organized crimes under Somali laws

Through analysis of provisions and review documents. Geographically, the study will
conduct at Garowe capital city of Puntland. This city will choose for research because
the accessibility, time and economic factors.

1.8. Assumptions and limitations

This research is premised on the assumption that the criminal procedure and Penal
code in Somalia are the most ignore as the matter of laws. The Police and crimes
investigation agencies do not emphasize prevention on organized crimes. The work also

5
assumed that the adoption of laws which specifically entrench the organized crimes and
criminal proceeding justice dealing with organized crimes.
The coverage of this study was limited to issues dealing with organized crimes within
somali laws, as of limitations research efforts was limited by time considering the ethical
duty that the student owes to the schedule and program of the bachelor degree,
finished the thesis within a semester is a time constraint expected. Where as a resource
study limited on Somali law context and focus on Garowe geographically.

1.9. RELATED LETERATURE OF THE STUDY

According to study conducted By: Ephrem Demeke, June, 2018 focus on serious Crime
and founds that the root causes of serious crimes in the global arena somehow
reflecting in the study area and according to the findings favorable environment for
crimes are exacerbating the problems. Tavern and require houses are the place where
homicide is fermented and action is taking place. Unemployment, selfishness,
greediness, anger, jealous, unattained advance education, mental illness and other
similar factors are contributing as the causes of crime.

According to the thesis conducted by Frederic Libert August 2010, organised crime in
the 21st century: are the states equipped to face the global crime threat? Stated that
many forms of organized crime do imply violence or the threat of violence. Professional
criminals may aim to minimize the degree of violence to guarantee the smooth stream
of profits and to keep away from unwanted attention, but only a small number would
be able to run their business without recourse to a firearm. Relying on homicide
statistics as a proxy for the threat would be a huge mistake, nevertheless, because
some of the sectors most troubled by organized crime have extremely low violence
level, just as some authoritarian societies have very low crime rates. Typically, the
better organized the crime, the less violence associated with it.i Whereas my research
focus on current organized crimes in somalia

1.10. Methodology of the study

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The main method for the following research was primary analysis of data collected. The
data is based on a qualitative method using the case study of Bosaso. Furthermore, the
thesis is an explorative approach. Bryman argued that qualitative research often
emphasizes words and as a strategy it is intuitivist, constructivist and interpretivist.
Data collection originates from secondary as well as primary sources.

This study was based on purposive sampling by choosing small number of persons with
crime investigation agencies in Puntland based on their knowledge and experience and
will be targeted the 15 respondents for crime investigation agencies and legal experts.

In this study used the qualitative data collection with analysis of provisions, review
documents, and interviews to ensure as they main tools for data collection ineptly,, the
primary source data collection was gathered the experience of people with crime
investigation agencies , it involves with a work face to face interviews with the people
of crime investigation agencies in their nature, interview are personal whose aimed to
determine investigator’s perception to obtain admissible confession, also feelings, While
secondary data collected through the review of regional ,national and international
document related.

Data from the Interviews was analyzed through coding and taking notes while the data
from the documents analyzed through content analysis method.

1.11. Definition of key terms

Crime: An act that the law makes punishable, the breach of legal duty treated as the
subject matter of criminal proceeding

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Organized Crime: widespread criminal activity that are coordinate and control
through a central syndicate

Syndicate: A group organized for a common purpose especially an association formed

to promote as common interest, carry out a particular business, transaction or in a
negative sense

Racketeering: A system of organized crime traditionally involves the extortion of

money from business by intimidation violence or other illegal methods

1.12. Structure of study

This study intends to discuss the international and national organized crimes specially
organized crimes under the Somali law. The thesis organized in five chapters.

Chapter one covered the background of research, statement problem, purpose,

objectives, research question, Significance of the Study, Scope of the study, Assumption
and limitations, Literature review, Methodology, and structure of study.

Chapter Two discussed current organized crimes in Somalia

Chapter Tree discussed international and national the legal framework of Organized
Crime

Chapter Four discussed the challenges preventing on Organized crimes

Chapter Five draw conclusions, and recommendations of the

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 CHAPTER TWO

Analysis of organized crimes in the Somalia

2.0. Introduction

The overall objective of this chapter is to provide a comprehensive analysis of organized

crimes and its characteristics with special reference to the Somali Laws.

2.1. Definition of Organized Crimes

Organized crime is a crime which is committed by organized criminal group(s).

According to the UN Convention against Transnational Organized Crime (2001), Article
2 that deals with organized criminal group as it is defined as “A structured group of
three or more persons existing for a period of time and acting in concert with the aim of
committing one or more serious crimes or offense in order to obtain, directly or
indirectly, a financial or other material benefit. These organized criminals groups are
engaged in different but serious crimes among others drug trafficking, smuggling of
migrants, human trafficking, trafficking in persons, illegal wildlife trade, trafficking of
small arms and light weapons, counterfeiting, terrorism, piracy, money laundering,
illegal organ trade others.6

With the signing of the United Nations Convention against Transnational Organized
Crime in Palermo, Italy, in December 2000, in article two defined Organized criminal
group” shall mean a structured group of three or more persons, existing for a period of
time and acting in concert with the aim of committing one or more serious crimes or
offences established in accordance with this Convention, in order to obtain, directly or
indirectly, a financial or other material benefit.

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UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS THERETO

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2.3. THE CONCEPT OF ORGANISED CRIME

Understand the Threat Posed by OC

In November 2009 US President Obama emphasized the challenge posed by OC in

these terms:

In recent years, the world has seen a convergence of transnational threats and
networks, which are more dangerous and destabilizing than ever. These threats and
networks are becoming more fluid and sophisticated; are able to cross borders; and
involve elements of international organized crime, particularly illicit finance and
trafficking in drugs, arms and persons. This can undermine stability and security, fuel
violence and corruption, weaken the rule of law, and subvert legitimate economies.
Addressing these 21st century transnational threats is an important priority of the
United States.7

In April 2009, Antonio Maria Costa, Director General of the United Nation Office on
Drugs and Crime , summarized his worries concerning the global crime threat as
follows:

the firmament of our society the stars are now lined up in an adverse constellation that
causes anxiety, even fear… globally, I believe we face a crime threat unprecedented in
breadth and depth. The warning signs are everywhere:

Drug cartels are spreading violence in Central America, Mexico and the Caribbean. The
whole of West Africa is under attack from narco-traffickers, they are buying economic
assets as well as a political power;8

7
https://obamawhitehouse.archives.gov ›

8
https://www.jstor.org

10
Collusion between insurgents and criminal groups threatens the stability of West Asia,
the Andes and parts of Africa, fuelling the trade in smuggled weapons, the plunder of
natural resources and piracy;

kidnapping is rife from the Sahel to the Andes, while modern slavery (human
trafficking) has spread throughout the world;

in so many urban centres, in rich as much as in poor countries, authorities have lost
control of the inner cities, to organized gangs and thugs;

the web has been turned into a weapon of mass destruction, enabling cyber-crime,
while terrorism - including cyber-terrorism - threatens vital infrastructure and state
security.

The threat created by organized crime is frequently misunderstood. There is a

propensity to oversimplify and associate the damage caused by organized crime with
the amount of violence linked with the market. Dreadfully though, as this loss of life
may appear to be, the menace posed is much profound than a body count.

Many forms of organized crime do imply violence or the threat of violence Professional
criminals may aim to minimize the degree of violence to guarantee the smooth stream
of profits and to keep away from unwanted attention, but only a small number would
be able to run their business without recourse to a firearm. Relying on homicide
statistics as a proxy for the threat would be a huge mistake, nevertheless, because
some of the sectors most troubled by organized crime have extremely low violence
level, just as some authoritarian societies have very low crime rates. Typically, the
better organized the crime, the less violence associated with it.9

Crime groups occasionally offer support and social services that the state does not,
captivating them popular support. If law enforcement is ever stirred into action, the
violence linked with this disturbance of the criminal stability can even fuel calls for

9
https://www.unodc.org

11
enforcement to stop. Thus, the authentic threat of organised crime cannot be reduced
to the violence related with criminal markets. Rather, it is best expressed under two
titles: direct impacts, that are basically the reasons each criminal activity was proscribed
in the first place; and indirect impacts, especially the manners organised crime as a
category legitimate commercial activity and undermines the state.

2.4. Historical Perspectives on the Concept of Organized Crime

Preliminary Statement

Organized crime is made of a myriad of mostly clandestine, complex and diverse

aspects of the social universe that do not fall into place to form a simply identifiable
entity. Rather in order for us to perceive these phenomena as interrelated, it takes a
cognitive and linguistic construct.

Consequently, it seems appropriate to analyses a question like organized crime not

exclusively as an empirical issue. Investigating the notion of organized crime,
particularly in its historical dimension, offers an insight into the inconsistencies and
contradictions as well as the breadth and the depth of the significance attached to the
term ‘organized crime’. Furthermore it alerts us to some of the political and social
factors that may play a role in determining the perceptions on organized crime.

2.5. The Original Concept of Organized Crime

Despite doubts about the time and place of its creation, it can be argued that the term
‘organized crime’ is initially an American concept. Interestingly, the original notion of
organized crime was quite the contrary of the imagery of worldwide mafias that lead
the current understanding of organized crime.10

According to Michael Woodiwiss, Senior Lecturer in the School of History at the

University of the West of England, the term was first used in 1896, in the annual report
10
https://www.unodc.org › module-1

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of the New York Society for the Prevention of Crime. The phrase was used to refer to
prostitution and gambling operations that were protected by public officials. 15In that
period, as suggested by Woodiwiss, ‘organized crime had no fixed meaning and could
be understood only in context’. Initially the term was used by American commentators
to refer to illicit business deals involving lawyers, politicians, police officers, or
professional thieves and to imply that their crimes were organized. Furthermore, ‘Only a
few would have associated organized crime almost exclusively with conspiratorial
groups among foreign career criminals.11

According to Klaus von Lampe, assistant professor in the Department of Law, Police
Science and Criminal Justice at John Jay College of Criminal Justice, the term organized
crime first came into regular use in the Chicago Crime Commission, a civic organization
created in 1919 by lawyers, bankers and businessmen to encourage changes in the
criminal justice system in order to better deal with the crime problem. The view of the
Commission was that organized crime referred ‘not to criminal organizations but in a
much broader sense to the orderly fashion in which the so-called ‘criminal class’ of an
estimated 10,000 professional criminals in Chicago allegedly could pursue crime as a
business.12

2.6. Characteristics of organized crime13

Organized crime has following important characteristics (Cf. Caldwell, 1956: 73-74):1

1. Team work:
It involves association of a group of criminals which is relatively permanent and may
even last decades.

11
https://citeseerx.ist.psu.edu

12
https://globalinitiative.net

13
https://www.preservearticles.com

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2. Hierarchical structure:
It has a structure with grades of authority from the lowest to the highest, involving a
system of specifically defined relationships with mutual obligations and privileges.14

3. Planning:
It involves advance arrangements for successfully committing crimes, minimizing risks
and insuring safety and protection.

4. Centralized authority:
It functions on the basis of centralized control and authority which is vested either in
the hands of one individual or a few members.

5. Reserved fund:
It maintains a reserve fund from profits which serves as capital for criminal enterprises,
seeking help of the police, lawyers and even politicians, and for providing security to
the arrested members and their families.

6. Specialization:
Some groups specialise in just one crime while some others may be simultaneously
engaged in multiple crimes. Those groups which are engaged in multiple crimes are
more powerful and influential.15

7. Division of labour:
Organised crime involves delegation of duties and responsibilities and specialisation of
functions.

8. Violence:

14
https://www.preservearticles.com

15
https://www.preservearticles.com

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It depends upon use of force and violence to commit crimes and to maintain internal
discipline and restrain external competition.

9. Monopoly:
It has expansive and monopolistic tendencies. Initially, organized criminal gangs
operate in a limited area, and are engaged in a limited type of crime with a limited
number of persons, but gradually they expand into a wider range of activities extended
over large geographical areas, involving a large number of carefully selected criminals.16

In whatever area they operate, they secure monopoly in their criminal enterprises. They
do not hesitate to use violence or threats of violence to eliminate competition.

10. Protective measures:

It arranges permanent protection against interference from law-enforcement authorities
and other agencies of government. The protective measures include contacts with
policemen, lawyers, doctors, politicians, judges, and influential persons in society.

Giving money in cash or in gifts, providing help in elections, threatening their

competitors, and arranging their (influential persons) foreign trips are some of the
methods used by these gangs to secure protection and avoid arrest and conviction. 17

11. Conduct norms:

It frames rules of conduct, policies of administration, and methods of operation for
members and for the operation of crime. This helps in maintaining discipline, efficiency,
loyalty, obedience, and mutual confidence. Penalties are imposed for violating rules.

16
https://www.preservearticles.com

17
https://www.preservearticles.com

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2.7. CURRENTY TYPES OF ORGANIZED CRIME IN SOMALIA:

2.7.1. Illegal Fishing

Somalia can deter illegal fishing by taking actions at national and international levels.
The later is completed by following actions taken by FAO and its partners to combat
illegal fishing, first by adhering to the 2009 FAO Port State Measures Agreement and
the 2014 FAO Voluntary Guidelines on Flag State Performance (FAO 2014). It’s also
done by joining nations that are working with the International Maritime Organization
(IMO) to develop a Global Record of Fishing Vessels. Both actions are currently
considered crucial to Somalia.18

In addition to its national economic impacts, IUU also affects fishermen's livelihoods.
IUU fishing causes conflicts with Somalia’s artisanal fishermen. Fishermen and
fisherwomen reported this to the Consultants during meetings in fishing villages and in
survey responses during interviews. Many fishermen find their fishing nets destroyed by
illegal fishing vessels and are threatened by these vessels as being mistaken for
pirates19. Under normal circumstances, when industrial fishing vessels destroy artisan
fishermen nets, they willingly compensate for the loss of these nets to avoid conflicts,
but illegal fishing vessels cannot be held responsible as they never come to port.

“The current overcapacity of the world fishing fleet, both in terms of numbers of vessels
and technological power, created largely through subsidies to the fishing sector in
developed countries, has contributed to the problem of illegal fishing” (MRAG, 2005).
When local coastal waters are overfished, overcapitalized fleets often turn their
attention to illegal fishing in waters of coastal states like Somalia that are unable to
patrol and enforce fisheries regulations or bans on foreign fleets fishing.

The problem of illegal fishing is considered a form of piracy on natural resources and is
often coined as “pirate fishing”. It is also believed to be the root cause of Somali piracy
(Bawumia & Sumaila, 2010). Both piracy and illegal fishing take place in a situation

18
http://www.fao.org › news

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where there is lax in governance and centralized control as the case in Somalia. It's
difficult to tell how many pirates were earlier fishermen. It’s perceived by fishermen and
foreign experts that many small fishermen have turned against foreign illegal fishing
vessels and big merchant ships (Schbley and Rosenau 2013). This is because their
fishing grounds have been wiped out and their fishing nets destroyed by much larger
illegal foreign vessels. As a result they asserted that they were not able to earn a living
from fishing.

The presence of anti-piracy task force off Somali coasts might have minimized piracy
but not illegal fishing. This has not been helpful to the local fishing communities.
Fishermen reported that their livelihoods have been negatively impacted both by illegal
fishing and by anti-piracy patrol activities. Illegal fishing vessels and anti-piracy patrol
navies mistake local fishermen for pirates. The fishermen alleged that they are shot at
by IUU fishing vessels and antipiracy navies during their usual fishing trips. This has
caused them to reduce or stop their fishing trips. This has a tremendous effect on their
livelihoods.19

IUU fishing and piracy are terrible experience for Somalia. The former deprived the
country of its fisheries resources and the latter damaged its reputation, ravaged its
economy and exposed its security. They can only be unraveled jointly by Somalia and
interested parties, including: foreign navies in the region, Gulf of Aden and Western
Indian Ocean littoral states and international organizations. In Somalia proper all parties
are duty bound to join in responsibly.20

The causes of illegal fishing can be addressed, first, by legislating maritime and fisheries
laws, taking necessary steps to enforce these laws nationally, and signing international
conventions on eliminating the threat of IUU fishing. The problem of piracy cannot be
solved militarily. The root causes must be addressed, including youth employment and

19
https://www.brookings.edu

https://www.crc.uri.edu ›
20

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peace and security issues. While collaboration of all stakeholders in the fight to
eliminate maritime piracy and IUU fishing is vital, this is a Somali national issue and has
to be initiated and led by Somali authorities. While only 21 percent of respondents in
our survey either strongly agree or agree that foreign piracy patrols protected foreign
fishers, 74 percent either agreed or strongly agreed that anti-piracy patrols affected
their livelihood.

2.7.2 Lost Value to IUU Fishing

It is very difficult to value resources lost to illegal fishing. The Marine Resources
Assessment Group (MRAG) carried out a study in 2005 for UK’s Department of
International Development to estimate the annual value of illegal fishing in ten
countries including Somalia. The MRAG study showed that in one year (2003-2004)
Somalia lost close to $ 100 million to IUU fishing (Figure 5). The estimated total loss
from IUU across all ten countries in the study was approximately $ 372 million a year.21

IUU fishing is an unlawful and risky business for the perpetrators. However, they take
the decision to be involved in this risky and illegal action by balancing the cost of being
apprehended with the economic benefit of evading the law and consequences. An
investigation by Sumaila and Keith (2006) concluded that the expected benefits from
IUU fishing exceed the expected cost of being caught by five to one. The study showed
that fines for apprehended vessels would have to go up 24 times for the expected cost
to equal expected benefit. Most IUU fishing vessels in Somalia could have made many
trips, authorizes must determine heavy penalty to maximize the possible cost for
apprehended vessels caught fishing in Somali waters.1 According to Somalia fishing Law
No. 23 enacted 30 November 1985 prohibited for illegal fishing and to carry out for the
license fisher any activity or use material or equipment which may cause death,
pollution, injury etc. to the aquatic animals or any other or materials which can cause

21
https://issuu.com › docs ›

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damage to aquatic animals in the fishing area, like that Puntland state of Somalia
adopted fishing 2016 fishing act called law number “2’ but Puntland still cannot able to
control for its long costal area and now illegal fishing ongoing there.

2.7.3 Human Trafficking

Human trafficking, also referred to as modern day slavery, is a global problem involving
millions of victims and traffickers every year, In the past three years IOM was able to
collect information providing initial evidence that human trafficking occurs in many parts
of Somalia.

In 2009, IOM initiated the first counter trafficking programme in the three regions of
Somaliland, Puntland and South-Central Somalia, which generated much interest and
support from regional authorities and civil society.22

Through its counter trafficking projects, IOM was able to further establish evidence that
victims are being trafficked within and out of Somalia. In fact, findings from rapid
assessments commissioned by IOM in Puntland and Somaliland confirmed that the
phenomenon is indeed widespread.

However, as in most other countries, the exact scale of trafficking in Somalia is difficult
to determine and document, due to the very nature of this particular crime.

While IDPs, asylum seekers and economic migrants (both Somali and Ethiopian) are
particularly vulnerable to human trafficking, it has been clearly established that others,
mainly Somali women and children, and often from very poor families are also at high
risk of trafficking.

Somalia South Central Somalia has been embroiled in a brutal civil war for the last 20
years, resulting in a desperate population that is vulnerable to various forms of
exploitation including human trafficking. This vulnerability is further compounded by
extreme poverty. Many people continue to be displaced by the conflict. The displaced

22
http://www.iom.int › activitie

19
populations in South Central Somalia, as well as refugees, who have fled out of Somalia
to other countries such as Kenya, are highly vulnerable to human trafficking.
Traffickers, taking advantage of weak governance, use South Central Somalia as a
transit route for international trafficking.

Puntland has been identified as a source, transit and destination region for trafficked
persons. Victims are trafficked from and to Puntland as well as internationally across
the Gulf of Aden to Yemen and beyond or to Ethiopia and Tanzania. Most victims are
trafficked for sexual exploitation and domestic servitude. Children are more prone to
international trafficking for various forms of exploitation, including organ removal. While
many community members are not aware of their vulnerability to trafficking, the risk is
high. Interviews with victims and community members indicate that there is a
heightened risk of child trafficking, especially female children. Findings from an IOM
assessment revealed that the potential trafficking patterns are widely perceived within
the local communities in the form of women and unaccompanied minors being
transported to Yemen (and then to Europe and Gulf States) through Bosasso port. 23

Somaliland is a region of destination, transit and origin for victims of international

human trafficking as well as domestic/ local human trafficking (whereby no
international borders are crossed). The victims are mainly women and young children
and are trafficked for domestic work, forced prostitution and possibly organ removal.
While cases of trafficking to Hargeisa and Burao in Somaliland have been identified so
far, the main destinations for international trafficking seem to be Ethiopia, Djibouti,
Yemen and potentially the United Arab Emirates (UAE) and Saudi Arabia among others.
Personal interviews with victims and others in Somaliland reveal a trafficking pattern
where Somali women (in Somaliland) act as recruiters and intermediaries to take the
victims to Djibouti, and Ethiopia for the purpose of domestic servitude and organ
removal.

23
https://www.iom.int › activities

20
Despite the existence of the problem most people are not familiar with the notion of
human trafficking in Somaliland. Prior to IOM’s intervention in 2009, Somaliland lacked
basic formal response mechanisms for emergency victim assistance and referral. This
lack of awareness and subsequent lack of effective response mechanisms increased the
vulnerability of people to fall prey to traffickers and posed a capacity building challenge.
1According to article 456 of Somali penal code prohibited the dealing and trading in
slaves and human trafficking. Additional Puntland state of Somalia enacted act for
preventing human trafficking in 2017 this act called law number 10 which now
prosecuted to those guilted.

2.7.4 Money laundering

Somalia’s financial system is informal, operating mostly outside of government

oversight, either via the black market or unsupervised money remittance firms
(hawaladars). An estimated $1.3 billion in remittances is sent to Somalia every year,
primarily by the Somali diaspora that fled the country during two decades of conflict.
That amount is roughly one quarter of Somalia’s gross domestic product, eclipsing all
international aid to the country (projected at about $1 billion in 2015). Most remittances
are routed through financial centers 7 in the Gulf. The World Bank estimates 40 percent
of all Somalis depend on remittances for their basic needs. With its long land borders
and extensive coastline, the smuggling of currency and goods into and out of Somalia
remains common, due mainly to customs and border security officials’ lack of capacity
to control points of entry. The UN Security Council reports piracy has declined
significantly, with no large commercial vessels hijacked or held for ransom by Somali
pirates in the last two years, resulting in a decrease of ransom payments.24

24
https://www.knowyourcountry.com

21
Corruption is endemic, providing opportunities for rampant money laundering. For
example, media and advocacy groups have reported that some government officials in
Somalia’s Jubbaland benefited from illegal charcoal exports and possibly helped to
transfer profits to foreign destinations.

Somalia's narcotics financing is centred on the khat trade. Khat is a leafy plant grown
regionally and chewed by Somalis, and citizens of other regional states in the Horn of
Africa and the Arabian Peninsula, as well as in parts of Asia. It imparts a mild
amphetamine-like high, manifesting in excitement, euphoria, and suppressed appetite.
Although it is a controlled substance in much of the world, khat is legal in Somalia, and
has aspects of a local traditional practice. Khat is grown in Kenya, Ethiopia, Yemen and
Uganda, imported mostly by plane, and sold throughout Somalia. Most khat proceeds
go back to khat transporters based outside of Somalia in cash or via money transfer
companies. It is highly unlikely that khat money is laundered in Somalia because khat
proceeds are not illegal and opportunities for legal investment are few given Somalia's
weak economy. According to article 348 of Somali Penal code prohibits counterfeiting
currency, after collapse Mohamed siyad Barre dictatorship military regime, in a Puntland
state leaders they commit counterfeiting currency for a several times and they printed a
huge currency forgery which exacerbated on inflation, whereas the role of Somali
central bank and its responsible for the country’s currency.

In December 2015, Somalia’s parliament passed key AML/CFT legislation, an important

step in establishing a functioning, regulated, and supervised financial system in
Somalia. As of yearend 2015, this legislation is not yet signed into law. Somalia
maintains very limited investigative and enforcement capacity related to predicate
crimes. Somalia’s penal code, based on the 1930 Italian penal code, does not include
any provisions or penalties addressing money laundering or terrorist financing. This
deficiency should be rectified once the new legislation becomes law. The key obstacles
to implementing Somalia’s new AML/CFT law include the federal government’s limited
control over parts of southern and central Somalia beyond Mogadishu; a lack of legal

22
 and financial expertise among Somalia’s central bankers and Finance Ministry
technocrats; pressing security threats to the government, including from al-Shabaab; a
lack of capacity at all levels of government; and insufficient enforcement, policing, and
investigative capacity. The Central Bank of Somalia is receiving technical assistance on
the risk-based approach to supervision.

2.7.4 Piracy

The Rise and Continued Threat of Somali Piracy

Around the end of the nineteenth century, most thought that the age of maritime piracy
had ended. Unfortunately, that prediction proved premature. Around 2005, Somali
pirates began launching attacks on vessels travelling off the Somali coast, hijacking
ships and only releasing the ship and cargo upon the receipt of hefty ransom payments.
Somali piracy reached its peak in 2010, with attacks spreading well off the coastline into
the Indian Ocean and to the west coast of the Indian subcontinent. That year, Somali. 1
Pirates were responsible for 139 reported attempted hijackings, 49 of which were
successful.38 The pirates reaped huge rewards for their illegal activities, receiving a
total of $238 million in exchange for releasing the crews and cargo of 44 ships. By
2010, maritime piracy off the coast of Somalia was truly a global menace, imposing a
cost upwards of $7 billion per year on those directly involved in combating piracy, and
adding an estimated $18 billion in total cost to the global economy.25

In fact, Somali pirate attacks reached that 2010 peak despite the international
community’s and individual ship owners’ anti-piracy efforts. For example, since 2008
(and continuing through 2013), the world’s navies have been escorting ships travelling
off the Horn of Africa. while international efforts to combat Somali piracy have
contributed to a decline in successful attacks, the efforts have not been able to stop
piracy from appearing to be an attractive employment option. Somali pirates have
found, and will continue to find, ways to overcome anti-piracy measures. Somali pirates

25 https://core.ac.uk › download › pdf

1.

23
will not likely be easily deterred from seeking out the huge profits that are the signature
feature of the Somali piracy-for-ransom business model. In 2018 three vessels have
reported being fired in this region, although the opportunity for attacks has reduced
somali pirates continues the process for capability and capacity to carry out attacks, the
threats of this attacks still exists on somali water. According to article 484 of Somali
penal code prohibited robbery or piracy committing for the purpose a wrongful gain but
does not clearly state sea piracy although for the same objects. In Puntland state of
Somalia adopted piracy act called law number 18 which takes into the force in19 Nov
2020.

2.7.5 TERRORIST IN SOMALIA

Al Shabaab, whose name literally means “the youth,” began operating as an

independent entity in early 2007. It initially sought to drive Ethiopian troops out of
Somalia and establish an Islamic state there.

Al Shabaab used techniques characteristic of a terror group when targeting its enemies,
including roadside bombs, suicide bombings, grenade attacks and assassinations. Al
Shabaab’s primary objectives at the time of the Ethiopian invasion appeared to be
geographically limited to Somalia, and perhaps the Horn of Africa. The group’s rhetoric
and behavior, however, have shifted over the past two years reflecting an eagerness to
strike internationally.

Beginning in 2018, the Islamic State in Somalia, which is believed to only number in the
low hundreds of fighters, appears to have significantly expanded its operations across
Somalia, albeit from a relatively low base. The group was even, for the first time,
recently linked to terrorist activity in the United States and Europe. The Islamic State’s
growing assertiveness reignited tensions with its much larger and stronger rival, al
Qa`ida’s branch al-Shabaab, with violence again breaking out between the groups. The
pushback from al-Shabaab means it is far from clear whether the Islamic State in
Somalia will be able to sustain its operational expansion.

24
Since becoming the dominant jihadi actor in Somalia in 2007, al-Shabaab has effectively
maintained its supremacy over jihadi violence across the Horn of Africa. However,
beginning in 2015, al-Shabaab, the avowed al-Qa`ida branch in East Africa, has
attempted to stave off an aspirational challenger in the form of the Islamic State in
Somalia (ISS). Beginning as a disparate clump of pro-Islamic State cells,1 ISS eventually
coalesced into an organized group in October 2015, led by former al-Shabaab
commander Abdulqadir Mumin,a in Somalia’s northern Puntland region. Despite a
tumultuous start, ISS eventually grabbed international headlines when it seized the port
city of Qandala a year later.2 Since then, ISS activity has increased not only in Puntland,
but across Somalia as a whole. As this article will outline, ISS, despite its small stature
with a few hundred members,3 has been able to grow and expand its operations in
southern Somalia, specifically Mogadishu, and form operational cells in central Somalia.

A speech by al-Shabaab’s spokesman Ali Mahmud Rage was also broadcast via al-
Shabaab’s Radio al Andalus around this time, which carried the simple point that those
who supported the Islamic State will be “burnt in hell.

Additionally, as Abdulqadir Mumin’s group in Puntland solidified, at least one known

clash occurred between it and al-Shabaab’s forces in December 2015.

in 2015, the tensions between the two groups largely died down with only sporadic
incidents occurring in 2016 and 2017. For instance, in November 2016, the Amniyat
arrested more pro-Islamic State members in southern Somalia. In March 2017, five
Kenyan foreign fighters within al-Shabaab were executed for having switched their
allegiances. A month later, two more prominent al-Shabaab commanders were also
killed for siding with the Islamic State. The relative calm between the two sides would
then last until late 2018 when clashes again flared up. However, the renewed tensions
did not occur in a vacuum.26

26
https://ctc.usma.edu

25
In Puntland in north, ISIS militants 9 May attacked security forces in city of Bosaso,
leaving soldier and at least two militants dead; in following days, security forces shot
and killed ISIS militant and arrested four others in Bosaso. Al-Shabaab 14 May launched
attack on military base near Bosaso leaving soldier and three assailants dead.27

The governor of Puntland administration's Mudug region, Ahmed Muse Nur, his brother,
and two bodyguards, were killed after a suicide bomber driving a rickshaw rammed into
his vehicle in the town of Galkayo. Nur is the second governor from Puntland
administration assassinated by suicide bombers within two months. On March 29, the
governor of Nugal region Abdisalam Hassan Hersi was killed after he was fatally injured
in a suicide bombing in the town of Garowe. The al-Shabab militant group claimed
responsibility for the explosions.28

According to article 184 and 185 of Somalia Penal Code prohibited an armed groups
against the integrity independent of state and be punishable to death penalty to those
member committed that crime, although somali penal on article 213 prohibited
subversive association whereas article 214 prohibited anti national associations
including with indirectly terrorist armed group where they combat with a government
because any anti national association are same purpose for the collapse of state, in
order combat and prevent to the Islamic terrorist Puntland state of Somalia enacted
terrorist act called law number 10 in 2011 and now prosecuted to those found guilty
terrorist crimes occur in Puntland territory.

27
https://www.ecoi.net › somalia

28
https://www.voanews.com

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2.7.6 Alcoholic and Drugs of Armed Groups

Alcoholic beverages are prohibited in all parts of Somalia while the Puntland authority
often reports seizure of drinks smuggled from Ethiopia where sale and consumption of
alcohol is legal.1

In August 9, 2020 Puntland forces clash with armed Alcohol traffickers in Galkaiyo, the
mission of fighting against drug trader where killed commander of Puntland’s
presidential guard Osman Omar Mohamed and other several organ organs were
wounded and killed in the fighting.29

Police have increased their fight against smugglers of illegal businesses such as alcohol,
weeds and meth drugs and arrested numerous persons in the main towns of Puntland.

On August this year, a regional court in Nugal sentenced a woman to five years in
prison and a fine of $2000 for selling alcohol. According to 416 of Somali penal code
prohibited o f manufacturing and selling of alcoholic beverages so for anyone drinks and
gives other persons commits crime. In 2010 Puntland enacted an act of prevent and
prohibits selling and using alcoholic and drugs.

2.7.7 Organized Theft and Armed Robbery

There is a major aspect of organized crime in the region that focuses on organized theft
and various types of robbery. Syndicates are increasingly involved in the theft of a
range of high-value goods for financial gain. The demand for a range of high-value
goods is driving an illicit market in the trade of livestock, vehicles, works of art and
cultural heritage, in addition to other goods, such as ferrous and nonferrous metals.
According to available data, cases of theft and armed robbery have been reported
consistently in the region to date.30

29
https://somaliguardian.com ›

30
https://www.interpol.int ›

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In Last month of this year new unknown armed group a raised in Puntland with
mesocratic face and with solder’s dresses whose plundered few companies in Garowe
City. Thus, aimed group based their attacks on companies for just gaining and looking
money.

2.7.8 Kidnapping for Ransom and Extortion

Although not widely reported, kidnapping for ransom remains an ongoing criminal
threat in the region, one that is estimated to be on the rise. Several cases from the
region suggest a potential transnational nature of this crime in the Eastern African
region. This criminal market is ongoing and often controlled by syndicated criminal
elements. Kidnapping for ransom is estimated to be a widespread market for organized
crime, inciting violence across Eastern Africa. The whole Somali region has a history of
abductions and assassinations of local and foreign aid workers, particularly in the
self-declared independent enclave of Somaliland. Authorities generally blame militant
Islamists for attacks on foreigners. For several times was abducted aid works and
foreigners by armed groups in Somalia demanding ransom payments for release,
according to article 458 and 460 of Somalia penal code prohibited powerful
kidnapping and seizure of persons.

2.8. Conclusion

The purpose of this chapter of organized crime is to identify any organized crime group
or activity that could pose a direct danger in Somalia. As result of this chapter the
researcher founded Organized crime is a crime which is committed by organized
criminal group(s). According to the UN Convention against Transnational Organized
Crime (2001), Article 2 that deals with organized criminal group as it is defined as “A
structured group of three or more persons existing for a period of time and acting in
concert with the aim of committing one or more serious crimes or offense in order to
obtain, directly or indirectly, a financial or other material benefit. These organized
criminals groups presented of this study are engaged in different but serious crimes
among others illegal fishing, drug trafficking, human trafficking, trafficking in persons

28
and kidnapping for ransom payments, illegal, counterfeiting ,money laundering,
terrorism and piracy, also this study shows a new organized thefts and armed robbery
arising in Punland region in this years, those thefts plundered the commercial
companies due to the lack of crime prevention bodies and law enforcement agencies.

CHAPTER THREE
Organized crime Under International and National laws
3.0. Introduction

This chapter the researcher discussed Organized crimes under international and
national laws so there are Numerous national and international instruments, in
particular the United Nations Convention against Transnational Organized Crime
(UNCTOC), indicate that ‘(transnational) organized crime’ has become a legal concept.5
Whether this is the case or not is, however, of minor practical relevance. For the
purposes of the present article it is important to understand why the definition of
‘organized crime’ is the object of continuing controversy and what this means for law-
making and enforcement.

3.1. International laws

Definitional problems ‘Organized crime’

is a very pithy term that has become part of the vocabulary of many politicians and the
broader public as well. It is often applied without a clear reference point and is, in fact,
highly indeterminate and vague. This lack of clarity also affects the relevant academic
debate. On the one hand, the term can be used to refer to certain types of more
sophisticated criminal activities embedded, in one form or another, in complex illicit
markets. Arms, drug, and human trafficking are often correlated with a set of ‘enabling
activities’ such as (the threat of) violence, corruption, and money laundering.31

31
https://www.corteidh.or.cr › tablas

29
One group of authors assumes that the former constitute core activities of organized
crime; another refers to the latter In both cases the offences can usually be categorized
as ‘serious crimes’. It may be more accurate to use the term ‘organized criminality’. One
problem of this approach is that it is merely based on indicator criminality. Violence
against persons, for instance, may be an important means for and characteristic of
some illegal activities, but not necessarily. Furthermore, there exist numerous illicit
markets, ranging from trade in contraband cigarettes and stolen cars to extortion of
multinational corporations, gambling, prostitution, and so forth. Yet, as the example of
prostitution shows, it is not possible to state in general terms that those engaged in the
respective activities are involved in organized criminality. One may consequently find
that ‘a simple listing of crimes does not tell us much about organized crime’. Hence, an
alternative approach puts organized crime on a level with ‘professional crime’ confining
– and thus diminishing – the inalienable breadth that any definitional concept of
organized crime has to have. On the other hand, ‘organized crime’ may be used in the
sense of criminal organizations such as the Colombian and Mexican ‘drug cartels’, the
Japanese ‘yakuza’, the Chinese ‘triads’, or the Italian and US ‘mafia’.

3.2. Organized crime and gang violence in national (criminal) law

Against this background, national legislators have taken different approaches to deal
with organized crime on the one hand, and with gangs and gang violence on the other.
‘Organized crime’ has only rarely become a legal term of art in national legislation. One
example is the Indian ‘Maharashtra Control of Organized Crime Act’ of 1999.

It defines organized crime as any continuing unlawful activity by an individual, singly or

jointly, either as a member of an organized crime syndicate or on behalf of such
syndicate, by use of violence or threat of violence or intimidation or coercion, or other
unlawful means, with the objective of gaining pecuniary benefits, or gaining undue

30
economic or other advantage for himself or any other person or promoting
insurgency.32

This definition is evidently very broad and covers phenomena, such as insurgency, that
the majority of academics would presumably exclude from the term ‘organized crime’.
India, however, is not unique in this respect. Mexico, for instance, has only recently
opted to criminalize ‘organized delinquency’ and the definition of that term explicitly
includes terrorism. Other states have opted for a more differentiated approach.

One example is Austria. Instead of criminalizing ‘organized crime’, Austria’s Penal Code
criminalizes the formation of a ‘criminal organization’ (kriminelle Organization), and the
former offence of ‘formation of a gang’ (Bandenbildung) has now become the offence
of forming a ‘criminal association’ (kriminelle Vereinigung), with its own separate
section under the heading of Chapter (‘Criminal conduct against the public peace’). A
‘criminal organization’ is qualified as being businesslike and consisting of a larger
number of persons. Other provisions also penalize the foundation of and participation in
a ‘terrorist organization’ and ‘armed associations Apart from that quite exceptionally
wide-ranging legislation, most countries in the European Union, for instance Germany,
tend to punish participation in ‘criminal’ and ‘terrorist associations’ only.39 Those
offences, which do literally require some sort of personal set-up, significantly used to be
called ‘organization offences’ (Organizations delicate). Furthermore, as is typical of both
civil and common law jurisdictions, the German Penal Code considers an aggravation of
rather ubiquitous everyday crimes such as theft, robbery, or bodily harm to be
attributable to group and gang conduct. Hence, conduct by somewhat ‘organized’
groups may easily rate as an aggravated case of serious theft or serious robbery
committed by a gang (Bandendiebstahl/Bandenraub) 40 and of dangerous bodily harm
committed jointly.33

32
https://www.corteidh.or.cr ›

33 33
https://www.corteidh.or.cr ›

31
These offences ‘qualify’ (qualifzieren) the underlying basic offence for a higher level of
sentencing, which is why their existence mainly belongs to the domain of sentencing.
When it finally comes to sentencing, offenders operating in groups or gangs often
receive a more severe sentence, in common law countries too, because such conduct is
deemed to involve greater harm, greater fear, a greater sense of helplessness, and
uncontrollable group dynamics. Other states largely follow this doctrinal approach,
though without clearly distinguishing between the formation of gangs and that of
criminal associations or organizations. For example, Brazil’s Penal Code criminalizes the
association of ‘quadrilhas e bandos’.

Special legislation designed to combat organized crime also exists. It does not,
however, define or delimit this term in relation to the aforesaid phenomena. In the
United States of America, states such as California punish active participation in
‘criminal street gangs’, described as any ongoing organization, association, or group of
three or more persons, whether formal or informal, having as one of its primary
activities the commission of one or more of the criminal acts enumerated in paragraphs
(1) to (25), inclusive, of subdivision (e), having a common name or common identifying
sign or symbol, and whose members individually or collectively engage in or have
engaged in a pattern of criminal gang activity when this membership is followed by an
act of promotion of, furthering, or assistance in any felonious criminal conduct by
members of that gang. Another way to take in gang or organized group conduct is by
referring to general principles of criminal law, particularly as regards the inchoate
offence of conspiracy in common law jurisdictions and – its equivalent in civil law
countries – attempted participation. In common law countries such as England, both
group and organized deviance often fulfils the requirements for the inchoate offence of
conspiracy.34

34
https://www.corteidh.or.cr ›

32
This crime consists of an agreement between two or more persons to commit a criminal
offence and more precisely exists if a person agrees with any other person or persons
that a course of conduct shall be pursued which, if the agreement is carried out in
accordance with their intentions, either (a) will necessarily amount to or involve the
commission of any offence or offences by one or more of the parties to the agreement,
or (b) would do so but for the existence of facts which render the commission of the
offence or any of the offences impossible.

3.2. Organized crime and gang violence in public international law

Organized crime and gang violence has increasingly become subject to international
regulation. Particularly after the cold war, states became more and more aware of the
transnational dimensions of organized crime as a side-effect of globalization.56 They
therefore adopted an international framework to repress ‘organized criminal groups’ and
their most harmful activities. The following analysis will begin by explaining the
evolution and significance of the legal regime. International humanitarian law (IHL) and
international criminal law both address violence by ‘organized armed groups’. This
raises the question whether armed criminal groups may become party to an armed
conflict and, if so, under which specific preconditions. Their qualification as an
‘organized armed group’ would then allow for their members to be held responsible for
international crimes.35

3.3. International framework to combat organized crime

Co-operation in criminal matters is a very sensitive issue. Its effectiveness often

depends on the confidential exchange of information and a common interest in the
success of a particular operation. During the cold war, such mutual confidence was

35
https://www.corteidh.or.cr ›

33
rather limited in the community of states. Organized crime was moreover perceived as
being primarily a domestic problem. Yet the lack of common interests and mutual
confidence, and the slowly developing awareness of the transnational dimensions of
organized crime, explain only in part why states have been reluctant to establish a
legally binding multilateral framework designed to encourage and promote international
co-operation for the suppression of organized crime. As transnational offending– truly a
catch-all term understood to mean deviant behaviour at a level of criminality that by its
very nature necessarily involves either transcending state borders, violating the laws of
several states, or evading a state’s jurisdiction by not being attributable to a certain
state territory many forms of organized crime have tended to be subject to so-called
suppression treaties, that is, multilateral agreements between state parties in order to
fight deviance effectively from an international perspective. A glance a little further back
in history shows that state36s themselves have often tried to profit from markets that
later become illegal and are therefore now supplied by criminal organizations. This
holds especially true for drug and human trafficking, which are today considered to be
the world’s most harmful and most lucrative illegal activities.

Human trafficking is essentially a modern form of slave trade that involves practices
such as sexual exploitation, forced labor, slavery, and similar practices.61 Mainly for
economic reasons, governments hesitated until the nineteenth century to recognize in
their constitutional instruments the fundamental right of every person not to be held in
slavery or servitude and not to be traded as a commodity. In the United States, a civil
war (1861–1865) was fought to enable this basic human right to prevail over the
economically driven interests of the South. In other states, for instance Brazil, its
recognition came about peacefully, but even later. It was not until after the Second
World War that it was universally recognized and subsequently became customary
international law with the status of jus cogens, from which obligations erga omnes
derive. 6 European states had adopted the Declaration on the Abolition of the Slave
Trade in 1815, yet it took more than a hundred years to reach an international

36
https://www.corteidh.or.cr ›

34
consensus on a relatively narrow definition of slavery, slavery-like institutions and
practices, and the slave trade Telling documents addressing shameful issues, such as
the 1904 International Agreement for the Suppression of the White Slave Traffic, mark
this historic struggle. While slavery, slave-related practices, and forced labour became
recognized as international crimes before the adoption of the 1988 Rome Statute of the
International Criminal Court (ICC), n it was not until the year 2000 that states adopted
the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women
and Children, supplementing the United Nations Convention against Transnational
Organized Crime.

3.4. The United Nations Convention against Transnational Organized Crime

In view of these antecedents, the United Nations Convention against Transnational

Organized Crime (UNCTOC), adopted in Palermo, Italy, on 15 December 2000, marks a
major breakthrough, as the following brief outline of its content and significance
shows.79 The declared purpose of the Convention is ‘to promote cooperation to prevent
and combat transnational organized crime’. Since the effectiveness of such co-operation
depends on the applicability of common legal standards, the Convention obliges states
parties to criminalize participation in an organized criminal group, corruption the
laundering of the proceeds of crime (money laundering), and the obstruction of justice.
It thus focuses on the ‘enabling’ or ‘secondary activities’ that are characteristic of
organized crime. The ‘primary activities’ have been separated from the core instrument
and are dealt with by the three Protocols thereto. This approach facilitated finding a
consensus and increases the Palermo Convention’s chance of gaining universal
acceptance. Indeed, it already has 147 states parties. Moreover, the decision to deal
with the ‘primary activities’ in autonomous international treaties allows for the adoption
of further protocols dedicated to specific aspects that are not covered by the existing
instruments. It also facilitates its revision and amendment. The Convention against
Transnational Organized Crime does not lay down a legal definition of (transnational)
organized crime. As we have seen, a consensus to that effect would have been
impossible to reach, and the desirability of such a definition may be questionable in

35
light of the dynamics, explained above, of the phenomena. However, the Convention
does specify the use of some basic terms in order to give states some necessary
guidance for its implementation in national law.37

Article 2 contains meaningful explanations with regard to the duty to criminalize

participation in an ‘organized criminal group’ (Article 5), It stipulates that: For the
purposes of the Convention: a) ‘Organized criminal group’ shall mean a structured
group of three or more persons, existing for a period of time and acting in concert with
the aim of committing one or more serious crimes or offences established in accordance
with this Convention, in order to obtain, directly or indirectly, a financial or other
material benefit. b) ‘Serious crime’ shall mean conduct constituting an offence
punishable by a maximum deprivation of liberty of at least four years or a more serious
penalty. c) ‘Structured group’ shall mean a group that is not randomly formed for the
immediate commission of an offence and that does not need to have formally defined
roles for its members, continuity of its membership or a developed structure… These
definitions are subject to criticism for being over-inclusive and vague. While this point is
relatively easy to make, it must not be overlooked that the consensus reached is
nonetheless a remarkable achievement. Since it is the result of difficult multilateral
negotiations, it at least represents a quasi-universal common denominator. The
definition recognizes that criminal associations do not always have a hierarchical
structure comparable to real enterprises, but often function as networks consisting of a
few loosely connected members. Nonetheless, there has to exist a ‘Structured group …
that is not randomly formed for the immediate commission of an offence’. This means
that more spontaneous forms of collective criminality are excluded from it. This is an
important limitation that may help to draw a line between organized crime and gang
criminality. Furthermore, the subjective element (‘in order to obtain, directly or
indirectly, a financial or other material benefit’) confirms the dominant view that
organized crime is not driven by political motives but is primarily out to make a profit.

37
https://www.unodc.org

36
Groups such as terrorists and insurgents are therefore not covered by the scope of
application of the Convention against Transnational Organized Crime. This protects the
Convention from being overly politicized. Whether such an important consensus could
have been achieved after the 11 September 2001 terrorist attack on the United States
and the US-proclaimed ‘merger of terrorism and organized crime’ is doubtful.
Admittedly, the reference to the commitment of ‘serious crimes’ gives states
considerable latitude in deciding whether to criminalize a specific form of conduct as
being constitutive of an organized criminal group. The more explicit mention in Article
2(b) that serious crimes would be those ‘punishable by a maximum deprivation of
liberty of at least four years or a more serious penalty’ still allows for a very broad
interpretation of the term. Yet it is difficult to imagine an alternative solution that would
have met with the approval of states. In the final analysis, it is their responsibility to
implement the Palermo Convention in good faith in accordance with their national
particularities and in conformity with the rule of law and other international
obligations.38

3.5. The Protocols to the Palermo Convention

The three Protocols supplementing UNCTOC and dealing with specific ‘primary activities’
are as follows: the aforesaid Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children (Trafficking Protocol);108 the Protocol against
the Smuggling of Migrants by Land, Sea, and Air (Migrant Smuggling Protocol); and the
Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and
Components and Ammunition (Firearms Protocol). The Firearms Protocol is intended to
play an important part in reducing the violence and harm resulting from firearms
illegally produced and supplied by organized criminal groups. As we have seen above,
urban areas in particular are often plagued by firearms-related gang violence.
Ultimately, there can be no doubt that an international mechanism for the record-
keeping, marking, and tracing of arms that promotes their deactivation and creates a

38
https://www.unodc.org › organised-crime

37
licensing and authorization system for their import, transit, and export is indispensable
to avert or deescalate a number of violent situations, armed conflicts included.
However, the Firearms Protocol itself proved very difficult to negotiate. It was therefore
not adopted until 2001 and only seventy-nine states have ratified it to date; these do
not include the most relevant arms-producing countries.

Regional instruments and initiatives try to compensate for that deficit, but the firearms
business is global. As with the fight against drug and human trafficking, the reluctance
of states is once again largely due to economic considerations.39

3.6. National Legal of Organized Crimes

The world’s oceans are at the center of transnational organized crimes committed by
profit-driven networks operating across borders. The United Nations Security
Council recently convened to discuss the threat this poses to international peace and
security.

While Somali piracy in the Western Indian Ocean focused the world’s attention on the
oceans, numerous other transnational organized crimes are taking place across the
globe.

The Western Indian Ocean also serves as a highway for multiple ton shipments of
heroin, Somali charcoal and illegal wildlife products.

Piracy and armed robbery are also found off South East Asia, in the Gulf of Guinea and
is re-emerging in the Caribbean.40

The response to Somali piracy was set in motion in 2008 when the UN Security Council
passed Resolution 1816. In terms of international law, piracy is a crime of universal

39
https://www.unodc.org › unodc

40
https://theconversation.com

38
jurisdiction, meaning any state may act against it on the high seas and in exclusive
economic zones. Resolution 1816 went further by authorizing foreign states to also
enter Somalia’s territorial sea to suppress piracy.

Such authorization is given when the use of force is justified to protect International
peace and security. More resolutions have since followed.

The result was an inter-State, inter-agency and public-private response involving a

number of players. These included states, the shipping industry and other stakeholders
like the United Nations and the International Maritime Organization. These actors
formed the contact Group on piracy off the coast of Somalia. This, in turn, was split into
working groups whose members implemented and coordinated the counter measures.

The all-encompassing response came together as follows: International navies would

escort vessels through the High Risk Area and shipping vessels would employ
shipping self-protection measures, such as hiring armed guards. Both navies and armed
guards would then respond to attacks and apprehend suspects.1

Law reforms in regional countries ensured that piracy was an offence in domestic
legislation. This allowed suspects to be handed over to regional states for prosecution.
This was facilitated by a regional pirate prosecution model and capacity building
projects. These ensured that regional courts were enabled to try pirates and criminal
justice practitioners were trained to prosecute piracy. Regional prisons, including in
Somalia , were then built or improved to house convicted pirates.

In addition, capacity building projects focused on building the capacity of regional

maritime law enforcement entities. There were also land based development
programs aimed at the causes of piracy. These included counter-piracy messaging and
alternative livelihood programs.

Many of these measures are still in place today, although many have taken on a
different form.

39
But the problem off the coast of Somalia hasn’t been entirely solved. Piracy is a product
of the fragile situation in Somalia. Yet land based responses were negligible in
comparison to those aimed at sea. This failed to meaningfully address the causes of
piracy, which is arguably evidenced by renewed attacks.

This is a universal problem – law enforcement measures without simultaneous efforts to

address the causes of crime – will be a never-ending endeavor of mere suppression1.

Regard as The Somali federal government on September 23rd presented 15 bills to the
Somali parliament, including the "Anti-Terrorism Bill".

It introduces its readers to the bill, which is expected to do more to curb terrorism
charges. This act is 37 article. this law has greatly contributed to prevent the crimes
committed by terrorists.41

3.7. Conclusion

Although Organized crime and gang violence has increasingly become subject to
international regulation. Particularly after the cold war, states became more and more
aware of the transnational dimensions of organized crime as a side-effect of
globalization the United Nations Convention against Transnational Organized Crime
(UNCTOC), adopted in Palermo, Italy, on 15 December 2000, marks a major
breakthrough, as the following brief outline of its content and significance shows. The
declared purpose of the Convention is ‘to promote cooperation to prevent and combat
transnational organized crime’. Since the effectiveness of such co-operation depends on
the applicability of common legal standards, the Convention obliges states parties to
criminalize participation in an organized criminal group, corruption the laundering of
the proceeds of crime (money laundering), and the obstruction of justice. It thus

41
https://www.hellenicshippingnews.com

40
focuses on the ‘enabling’ or ‘secondary activities’ that are characteristic of organized
crime, in this study the researcher found organized crimes are a global problem.

CHAPTER FOUR
Challenges to preventing Organized crime in Somalia

4.1. Introduction

This chapter covers the current challenges facing Somalia about organized crimes, and
it also presents same of this challenges as well as the causes of this barriers.

4.2. weak government

Somalia is the only country in the world without a functioning government controlling
the entirety of its territory for nearly two decades. Since 1991, while Somaliland and
Punt land have enjoyed relative stability, the southern part has been raked by violence
as various clans, warlords and Islamist groups have repeatedly competed for power and
resources. Somalia’s ongoing conflict in one of the most unstable regions of Africa has
been a source of concern for regional States as well as regional and international
Organizations.

So, all these mentioned problems Somalia become weak government that are not able
to protect organized crimes and it is difficult to investigate, prosecute, and Enforce the
Criminal groups.

Sometimes criminal groups are more powerful than the government and influence the
government officers by the way of threat, force or by marketing huge interest or they

41
infiltrate them self the government institution and become officers, and this is a
challenge facing Somali government to protect organized crimes because of mixing
Criminals and officers

4.3. lack of technology knowledge

It’s one of the biggest challenge’s facing Somalia to prevent organizes crimes which is
carried out using technology, and it’s often attacked the government data.

80% of cyber incidents rate has occurred in Somalia by hacking government emails and
websites. At the current time, there are no tools that the government can help monitor
these cybercrimes. Hacking emails, personal passwords and destroying data are the
most major cybercrime incidents over the last years in Somalia.42

In Somalia, there are no well-functioning investigators that serve as computer agencies

also not established a Computer Emergency Respond Team (CERT) with national-level
responsibilities those respond to cyber-related issues through the Ministry of Post &
Telecommunication. (Devi, 2017). 43

Finally, all cybercrimes can be protected involving digital technology and computer
networks will also require a quality of new networks such networks between police and
government agencies, networks between police and private institutions, and networks
of police across international borders.

4.4. Unpreparedness of the judiciary

Firstly The Somali judiciary as a whole is unprepared and lacks sufficient technical skills
and knowledge, in this regard Somalia’s judiciary, particularly the prosecution has not
conducted a thorough investigation in to the incident, and often does not provide
complete evidence in court during the organized criminal cases.

42
https://www.researchgate.net ›

43
https://www.researchgate.net

42
The reasons for the unpreparedness of the judiciary are lack of, adequate service,
adequate security that they can fully trust, and the poorness of their communication.

4.5. Corruption

Defining corruption

Corruption is a form of dishonesty or criminal offense undertaken by a person or

organization entrusted with a position of authority, to acquire illicit benefit or abuse
power for one's private gain.

Organized crime and corruption are shaped by the lack of strength of the control
mechanisms of the State and civil society.

Somalia is the 180 least corrupt nation out of 180 countries, according to the 2019
Corruption Perceptions Index reported by international Transparency.44

For reason of that result Somalia starts fight against the corruption and added the
agendas of every working government, but know it’s the first time that dismissed
official government their the title, and persecutes the prosecution in corruption affairs,
and also the prosecutor general prosecutes the healthy officers for corruption, after
hearing the case banaadir regional court sentenced the officers for corruption.

So, this research we will focus the corruption that makes public officials specially justice
branches for assisting organized criminal groups, the concerned institutions that we talk
this chapter include, borders , prisons , police and use Bribery.

4.6. Corruption and border weakness

With globalization, border control authorities play an important role in facilitating trade
and the circulation of goods and people across countries while protecting borders and
national security.

44
https://www.transparency.org

43
In many countries, widespread corruption, under-resourced services and weak
accountability make borders porous and difficult to control, fuelling various forms of
illegal activities such as human and drug trafficking, weapon smuggling, organized
crime and terrorism.45

After that Somalia has long border both marine and territory Somali territory is
637.657km square and haves borders in several countries like Ethiopia, Djibouti, and
Kenya.

With regard, Somalia customs has no qualified custom officers and applicable
technologies like personal records for ensuring identifications and quality of goods to
protect organized criminal groups for example the Allshabaab militant Islamic group
includes foreign fighters that crosses the Somali boundary that makes and leads several
organized crimes within Somali territory especially southern Somalia and gal-gala east
of Puntland.

4.7. Salaries and working conditions

The other weakness of Somali boundary is the budget. And working hours, custom
officers are not receiving adequate salary and pay more efforts.

The combination of poor pay, difficult working conditions and little probability of
detection provides both incentives and opportunities for corruption If border officials’
salary level is below a country’s living wage (Corruption at borders), it may be difficult
to work honestly and it easy to make corruption and facilitate the interest of organized
criminal groups to earn money and solute his personal needs

4.8. Prisons corruption

Another target of organized crime is the prison administration, and their purpose of
corrupting prison guards is to allow unsupervised communication with the outside
world, so there are three key reasons for the corruption:
45
https://www.u4.no › publications

44
 1. continued operation of criminal activities.
2. influencing trials (through threatening or coordinating the elimination of evidence
or witnesses).
3. planning escapes46

Furthermore, all the plans of criminals prison authorities facilitate the continuation of
criminal activities by exercising their power and gives more rights to prisoners convicted
of acts related to organized crime by using these below corruptions.

4.9. Abuse of ‘right of family visits’:

In some member states prisoners could be awarded for good behavior a 2-3 day ‘right
of family visit’, the Somalia Professional constitution article 35(3) stated the every
person arrested or detained shall have the right for his or her family and relatives to be
informed of his or her situation.

In some times, Somali prison administration abuses its powers, and allows The
prisoner that has not have good conduct and not compromised his negative opinion,
takes a visit for two to three days and then he left prison so frequently, he was
practically able to continue his criminal operations , prison administration make that for
getting self-benefit in corruption manner; 47

Uncontrolled visits: the other corruption that prisoner officers makes the organized
criminal groups when they are in prison is to allow to meet the other Friends of his
team continuously to start again their profession and criminal operations

Low-security prisons: In Somalia there is probation officers which is special

department that focuses the prisoners and their duties include detention of prisoners,
treatments, and gives formal and informal education for prisoners.

After that the security of prisons faces challenge’s toward the organized criminal groups
which needs to handle their members in prison.

46
https://www.unodc.org › module-1

http://www.wipo.int ›
47

45
 in case of Mogadishu Central prison event 08/August/2020 where weapons are
smuggled in to Mogadishu central prison with meat and bag of lemon and alshabaab
prisoners seized the weapon, after the two day 10/August/2020 they found more
ammunitions and started fighting using pistols and grenades, and one of them escaped
by killing a guard.

And there are also reports of deaths and injuries at the scene according to the
probation officers report.

4.10. Bribery
All interviewed agreed and stated the police drove detained or arrested people to the
police stations where anyone who wanted to leave should pay and that anyone who
refused or haven’t money would be remained into the police station.
Police officers, particularly officers in charge of investigations, ask money from the
victims who complain to the Police and the accused persons as well this also was
confirmed by HRC report “an investigator may make you criminal or innocent”. The
investigators exercise enormous and unchecked powers. The Police demand
complainant to pay costs associated with arresting suspect. Those who cannot afford in
paying are in many times not supported by the Police. At the Police stations, the
parties are encouraged by the Police to solve the criminal case in settlement. HRC
found that in releasing arrested person after conclusion of settlement the Police station
commander should be paid. Poor and vulnerable people are sometimes coerced by the
Police to drop their complaints and reach an agreement with the accused.48

48
https://www.hrw.org ›

46
4.11. CONCLUTION

Although during the Somali government there were fewer such crimes because of
stability and governance yet the time of destruction has increased organized crimes in
the country doe to stability and weak governance.

Transitional and federal governments although they have taken steps against organized
crimes yet they have not succeed because of rampant corruption in the relevant
institutions such as police and customs, and there is also lack of knowledge about
technology, and lack of judicial readiness, and widespread insecurity faced bay
individuals and heads of agencies involved in the prevention and treatment of organized
crimes.

47
CHAPTER FIVE

5.1. Conclusion

The purpose of this chapter of organized crime is to identify any organized crime group
or activity that could pose a direct danger in Somalia. As result of this chapter the
researcher founded Organized crime is a crime which is committed by organized
criminal group(s). According to the UN Convention against Transnational Organized
Crime (2001), Article 2 that deals with organized criminal group as it is defined as “A
structured group of three or more persons existing for a period of time and acting in
concert with the aim of committing one or more serious crimes or offense in order to
obtain, directly or indirectly, a financial or other material benefit. These organized
criminals groups presented of this study are engaged in different but serious crimes
among others illegal fishing, drug trafficking, , human trafficking, trafficking in persons
and kidnapping for ransom payments, illegal, counterfeiting ,money laundering,
terrorism and piracy, also this study shows a new organized thefts and armed robbery
arising in Punland region in this years, those thefts plundered the commercial
companies due to the lack of crime prevention bodies and law enforcement agencies.

Although during the Somali government there were fewer such crimes because of
stability and governance yet the time of destruction has increased organized crimes in
the country doe to stability and weak governance

Transitional and federal governments although they have taken steps against organized
crimes yet they have not succeed because of rampant corruption in the relevant
institutions such as police and customs, and there is also lack of knowledge about
technology, and lack of judicial readiness, and widespread insecurity faced bay
individuals and heads of agencies involved in the prevention and treatment of organized
crimes.

48
5.2. RECOMMENDATION

 With regard the role of concerned governmental bodies specifically in security

and judicial organs support them to focus on awareness creation, identify causes
and take up strategies, focus on awareness creation instead of Focusing on
prosecution, punishment and detention
 Make the prison administrations where criminals are made productive,
empowered criminals in all aspects for their futuristic life, to train criminals to
change their lives after having set free
 Focus on preventive action by strengthening law enforcement on the ground in
Somalia and increasing coordinated action to support development on a wide
range of issues in Somalia;
 The government shall take necessary steps to stop Police corruption and shall
investigate allegations of corruption. The Police shall be under the jurisdiction of
the civilian law
 The government shall strength crime prevention and investigation agencies in or
order to combat terrorist groups and other criminal organized groups

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55