The Realities of Human Rights in Somalia: An Intersectional Analysis of Ethnic-and Caste-Based Marginalization, Gender-Based Violence, and Disability Rights

This paper examines the deep structural human rights crises in Somalia through an intersectional framework that looks beyond active armed conflicts. It focuses on the systemic disenfranchisement of ethnically marginalized communities (sometimes referred to as minorities)—including the Bantu (Jareer or Jareerweyne), caste-based "Gabooye/Baydari" groups, Banaadiri (Reer Xamar), Barawanese (Reer Baraawa)—and the widespread societal neglect of GBV and persons with disabilities. Using qualitative desk analysis of domestic legal texts, reports from the Coalition of Somali Human Rights Defenders (CSHRD), and international human rights frameworks, this study demonstrates how Somalia's political and legal systems reinforce dominant clan power. The paper further shows that the ill-famed "4.5 system" of internal Apartheid used for political representation, strips marginalized minoritarian groups of their rights, legal protection, and statutory recourse. Furthermore, the study looks at how GBV and persons with physical and psychosocial disabilities also suffer from a chronic type of marginalization due to deep-seated cultural stigmas, minimal healthcare infrastructure, and the absence of clear enforcement for protections like the National Strategy for Persons with Disabilities (2025–2028). Ultimately, this paper argues that true human rights reform in Somalia requires moving past temporary security measures. It calls for fundamental structural changes: replacing clan-dominated customary legal codes (Xeer) with robust, equitable statutory frameworks, establishing an independent National Human Rights Commission, and creating inclusive policies to support marginalized communities facing climate-driven displacement.