32/12 Report of the Working Group on the Universal Periodic Review - Somalia
Document Type: Final Report
Date: 2016 Apr
Session: 32nd Regular Session (2016 Jun)
Agenda Item: Item6: Universal Periodic Review
Human Rights Council Thirty-second session
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review*
Somalia
* The annex is being circulated in the language of submission only.
Contents
Page
Introduction ...................................................................................................................................... 3
I. Summary of the proceedings of the review process ......................................................................... 3
A. Presentation by the State under review .................................................................................... 3
B. Interactive dialogue and responses by the State under review ................................................. 7
II. Conclusions and/or recommendations .............................................................................................. 13
Annex
Composition of the delegation ......................................................................................................... 28
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-fourth session from 18 to
29 January 2016. The review of Somalia was held at the 9th meeting, on 22 January 2016.
The delegation of Somalia was headed by the Minister of Women, Human Rights and
Social Development, Zahra Ali Samantar. At its 14th meeting, held on 26 January 2016, the
Working Group adopted the report on Somalia.
2. On 12 January 2016, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Somalia: Nigeria, Slovenia and Viet Nam.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of Somalia:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/24/SOM/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/24/SOM/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/24/SOM/3).
4. A list of questions prepared in advance by Belgium, the Czech Republic, Germany,
Liechtenstein, Mexico, the Netherlands, Norway, Slovenia, Spain, Sweden, the United
Kingdom of Great Britain and Northern Ireland and the United States of America was
transmitted to Somalia through the troika. These questions are available on the extranet of
the universal periodic review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The Minister of Women, Human Rights and Social Development stated that the
delegation of Somalia was devastated by the shocking news of a brutal attack that had taken
place the night before at a seaside restaurant in Mogadishu. Terrorists had killed at least 20
people, among them 4 children. She expressed the deepest condolences of the delegation
for those killed and wished the injured a swift recovery.
6. The Minister reaffirmed the commitment of the Federal Government of Somalia to
universal human rights. Somalia had made persistent efforts to cultivate a pluralistic society
and welcomed engagement with all stakeholders. For the first time in 22 years, Somalia
was charting new territory. A prosperous, just and secure Somalia was on the horizon for all
to see. Nevertheless, this fragile change required the utmost care and the sustained focus of
international partners. The Minister cautioned against Somalia being taken off the
international priority list as new hotspots emerged around globe.
7. The Minister indicated that Somalia had received and supported 155
recommendations, and committed itself to doing everything within its ability to implement
them. The situation of Somalia had not been completely stable for 25 years. The challenges
facing Somalia were, among others, lack of security, extreme poverty, and environmentally
induced disasters such as droughts and flooding.
8. The Minister thanked the United Nations Assistance Mission in Somalia, and more
specifically its human rights section, for its relentless support for all government
institutions dealing with human rights, and particularly for its assistance to the Ministry of
Women, Human Rights and Social Development.
9. The Minister indicated that the Government and human rights defenders had
endorsed an action plan for the Human Rights Road Map. The action plan laid out the
responsibilities for implementing the road map, in terms of the lead ministry, other
participating ministries and other partners. The immediate need was for support for
technical assistance, and financial resources.
10. There were four priority areas in the action plan. These were the establishment of the
independent national human rights commission, building the capacity of the ministry for
human rights, protection of vulnerable groups and civilians, and compliance with
international humanitarian law. The Minister underscored the importance of investing in the
capacity of the ministry and in that of the awaited human rights commission, which would
enable these institutions to implement the other priorities more effectively. The Minister
also underlined that her ministry was putting special emphasis on the protection of minority
groups, taking steps to include them in the ongoing political process of federalizing
Somalia.
11. Concerning security, the Minister indicated that the Ministry of Internal Security
was leading the process of establishing unified, accountable and rights-based security
institutions providing basic safety and security for all Somali citizens.
12. At the same time as preventing underage recruitment and ensuring the release of
children associated with armed entities, the Ministry of Defence and the Ministry of
Internal Security were leading the process involving the integration of formal and informal
security forces. The National Programme for Disengaged Combatants was assisting more
than 300 disengaged combatants in the country. It was aimed at achieving sustainable
reintegration and reconciliation, and emphasized the specific needs of child combatants,
and of female combatants and their dependents.
13. The Minister emphasized that, as stated in the national report, the Government was
preparing to provide more training to prosecutors and police investigators on human rights
in the administration of justice in the coming three years in order to pay special attention to
the human rights of women, children, minorities and persons with disabilities.
14. With regard to women, the Minister stated that Somalia had made significant
progress in addressing the issue of gender inequality. The Government had worked
tirelessly to combat disparities in fundamental and basic rights, in access to and control of
resources, in employment, in governance and in political participation. The provisional
Constitution provided significant affirmative action measures to ensure gender equity and
equality.
15. The Somali National Gender Policy included priorities for women’s economic
empowerment and for their participation in political and decision-making processes.
Government institutions had revitalized their structure by setting up departments focused on
gender affairs; this included the establishment of the Ministry of Women, Human Rights
and Social Development to steer women’s affairs at the Cabinet level.
16. One of the most significant milestones for women was the common agreement that
there should be a fixed quota of parliamentary seats for women; in the case of those seats,
the seat would remain vacant if a woman was not elected to it. The Ministry of Women,
Human Rights and Social Development was campaigning throughout the regions of
Somalia to encourage local representatives to include women and members of minority
groups in the formation process of the federal states.
17. Regarding children and young people, the Minister stated that, despite political
volatility, insecurity, and limited access to resources, Somalia had made significant
advances since the last review. The accession of Somalia to the Convention on the Rights
of the Child in 2015 had been a historic milestone.
18. Furthermore, Somalia had continued its efforts to secure the release and
reintegration of children recruited by armed forces and groups. Accordingly, the
Government had established the Serendi Rehabilitation Centre, whose purpose was to
rehabilitate adults and children who had formerly fought in armed groups, before
reintegrating them into society. Since the most recent visit of the Special Representative of
the Secretary-General for Children and Armed Conflict, the management of the centre had
reviewed and significantly changed the centre’s procedures and policies, making it more
transparent and open to independent monitoring, which had resulted in the transfer of 64
disengaged child fighters to child-appropriate facilities better equipped for their specific
needs.
19. The Attorney General stated that the most significant obstacle for human rights
protection in Somalia was the fragile security situation created by terrorism. Frequent
terrorist attacks on government officials, human rights defenders and civilians had
generated a continuous state of fear. To prevent terrorism and to reduce its adverse
consequences, the Government had drafted the country’s first-ever national counter-
terrorism bill. The Cabinet had approved the bill and sent it to Parliament, where it was
waiting to be tabled.
20. This bill would better enable the Office of the Attorney General to prosecute
effectively groups and individuals suspected of terrorism, as it provided a legal framework
for the fight against terrorism. It also gave special powers to the security forces to conduct
missions within a legal scope. It would ensure due process for suspects and protection for
witnesses. The Government had also reaffirmed its commitment to being cautious with
affiliating any organization with terrorism without substantial and solid evidence.
21. The Government had undertaken efforts to make the public aware of the challenges
in its role of ensuring both the security of the nation and citizens’ rights to expression and
assembly. Moreover, the Government was working to establish the necessary legal
framework to guarantee to citizens freedom from arbitrary arrest, as provided in the
provisional Constitution.
22. Concerning the media, the Attorney General indicated that the Government firmly
believed that every person had the right to disagree with, or dissent from, the Government,
and to state that disagreement or dissent publicly as guaranteed by the provisional
Constitution. However, this could only happen within the limits of orderly discourse in a
democratic society. No citizen had the right, even if disguised as freedom of expression, to
incite, to defame, or to endanger society and its security.
23. In this regard, the Attorney General gave an example of a journalist who had falsely
spread news that Ebola had been diagnosed in Somalia. This news wreaked havoc on the
already fragile society and economy, causing flights to be cancelled, shipments to be
postponed and important work to be halted. Another example was the radio host who had
called on all Somalis to rise up against the Government, violently if necessary. This kind of
freedom of expression could never be tolerated, for obvious reasons.
24. The Somali National Media Law provided for the rights of journalists. The media
bill had been formulated on the basis of full consultations with all sectors of the Somali
media community. The bill had been passed into law in the past two weeks and been signed
by the President. With this law, the Government ensured that journalists were treated in
accordance with the laws of the nation. The law included the provisions that every suspect
would be brought before a competent judge within 48 hours, that no one would be
subjected to torture or inhumane treatment, and that the right to legal representation and a
fair trial was guaranteed. All law enforcement and security agencies, including the National
Intelligence and Security Agency, adhered to the constitutional laws of the country.
25. It remained a challenge for the Government to prevent the killings of journalists.
However, the Office of the General Prosecutor had taken steps to prevent perpetrators from
enjoying impunity and freedom. It had conducted investigations into the killings of
journalists to bring suspects before courts of law.
26. The Government worked tirelessly to prosecute all crimes of assassination. One of
the groups most targeted by armed terrorist groups was government officials. In the past
three years, about 24 judges and prosecutors had been the victims of targeted killings.
27. With regard to the justice sector, the Attorney General indicated that securing access
to qualified and competent legal aid remained challenging. To improve the credibility and
independence of the judicial system, the Government had worked to strengthen access to
justice for members of vulnerable groups, including women and internally displaced
persons.
28. The Ministry of Justice had been working to improve the capacity of the judiciary.
The Office of the Attorney General was continuously working to enable the prosecution of
suspects of crimes, such as terrorism and piracy, in accordance with the principles of due
process. Concerning piracy, the Government had worked to interrupt criminal activities at
sea, strengthening domestic maritime law-enforcement capacity and addressing the root
causes of maritime crime on land. A ban on ransom payments for piracy hostages had not
been feasible due to the lack of enforcement capacity.
29. The number of qualified police investigators, judges, prosecutors and other staff in
the judiciary had been increased. More than 30 judges and prosecutors had completed a
two-year judicial training programme. The Office of Attorney General had also recruited 20
more new prosecutors, including six women.
30. The courts had delivered a number of significant judgments, directly invoking both
constitutional provisions and national laws. Judgments relating to sexual violence against
women and children had also been passed. The Government had been vocal about the
passing of these judgments to make citizens aware that impunity would not be accepted in
Somalia.
31. The Attorney General stated that elimination of the death penalty was something
that required a long process. The Somali provisional Constitution prescribed sharia law as
the paramount law. Sharia law provided for the death penalty for a limited number of
crimes. Somalia was reviewing penal procedure codes to reduce the number of crimes for
which the death penalty was applied, and was looking into alternative penalties, such as life
imprisonment, for other crimes that carry the death penalty.
32. Concerning torture, the Attorney General affirmed that the Government did not
condone torture or ill-treatment of any person. All law enforcement and security agencies
adhered to that principle. The Government was working to raise awareness that there could
not be any circumstances in which torture was permissible.
33. There had been no forced evictions of internally displaced persons in Mogadishu or
anywhere else in Somalia. In Mogadishu, internally displaced persons were living in camps
managed by non-governmental organizations, which were monitored by the Government to
ensure full protection and assistance to the people concerned. Court workers had gone to
the camps to listen to their complaints and had taken the necessary action to contact the
relevant authorities for follow-up. No one had been arbitrarily evicted from their home and
the Government did not allow this to happen.
34. The Office of the General Prosecutor had been active in investigating sexual crimes
and in ensuring that an example was set whereby no crime, especially of sexual violence,
would go unpunished. So far, the General Prosecutor’s Office had been successful in
bringing 69 such cases before a judge in 2015.
35. Regarding corruption, the Attorney General indicated that his office regularly
referred cases to the Office of the General Prosecutor to investigate and to bring them
before a judge. However, in order to combat corruption more effectively, a national
independent anti-corruption commission and a judiciary high commission needed to be
established. Moreover, it was very important to thoroughly build the capacity of the
institutions meant to fight corruption, such as the Office of the General Prosecutor, the
Auditor General, the Criminal Investigation Department and the courts.
36. The Government had taken important steps to ensure that its military forces and the
forces of the African Union Mission in Somalia (AMISOM) complied with international
humanitarian law and human rights norms. However, while aware that these troops were
committed to adhering to these fundamental principles, incidents deeply concerning to the
Government and the people had taken place.
37. The airstrikes of the Kenyan Defence Forces were the latest such incident, some of
which had targeted civilian areas and caused heavy casualties. The Government was
committed to conducting impartial investigations into this incident and was requesting
parliamentary oversight, asking the defence committee of Parliament to also look into the
matter.
38. As a result, the Government had increased its engagement and monitoring in regard
to the work of AMISOM to ensure full compliance with international humanitarian law and
human rights norms. A total of 10,700 Somali National Army soldiers had been trained in
United Nations human rights due diligence.
39. The Ministry of Women, Human Rights and Social Development had engaged in
dialogue with AMISOM on special measures for the protection of Somali women and girls
from sexual exploitation and abuse. The Government and AMISOM had set up a joint task
force to work together in cases of alleged human rights violations to come up with
appropriate and timely responses to such incidents.
40. Regarding violations of children’s rights, the Attorney General highlighted the
commitment of Somalia to protecting children by signing the standard operating procedures
on reception and handover of children from armed groups. The Government also worked
with the United Nations Children’s Fund (UNICEF) to implement the “Children, Not
Soldiers” global campaign and the two action plans signed in 2012: one on ending the
recruitment and use of children and the other on ending the killing and maiming of
children.
41. Concluding the presentation by Somalia, the Minister emphasized that the
Government had put into place a number of participatory schemes to jump-start a national
dialogue. She thanked fellow Member States, OHCHR and other United Nations agencies
for assisting Somalia in its efforts to follow the highest standards of respect for human
rights. She stressed that Somalia was pleased to take advantage of sincerely offered advice,
as proved by its acceptance of all the recommendations during the previous cycle.
B. Interactive dialogue and responses by the State under review
42. During the interactive dialogue, 85 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
43. Brazil appreciated the accession by Somalia to the Convention on the Rights of the
Child and to the International Labour Organization (ILO) Worst Forms of Child Labour
Convention, 1999 (No. 182).
44. Canada welcomed the commitment to achieving peace and State-building objectives
as outlined in the Somali Compact. It encouraged the State-building process to be inclusive
and reflect the views of women and girls.
45. Chad noted with satisfaction that Somalia had taken legislative and administrative
measures to ensure the enjoyment of economic, social and cultural rights by its population.
46. China noted the instability, poverty, weak institutions, meagre resources, and many
other challenges facing Somalia, urging the international community to provide technical
cooperation and capacity-building in the area of human rights.
47. The Congo welcomed the implementation of the universal periodic review
recommendations of 2011 relating to the establishment of institutions to promote and
protect human rights.
48. Costa Rica congratulated Somalia on its new Constitution and its ratification of the
Convention on the Rights of the Child. It expressed concern about allegations of the murder
of civilians, caused by the Somali security forces and AMISOM forces.
49. Cuba noted the approval of Labour Law No. 11 and No. 13, the ratification of the
Convention on the Rights of the Child, and the endorsement of the Human Rights Road
Map of 2013 and its action plan.
50. While recognizing the current challenges, Cyprus encouraged Somalia to accelerate
efforts towards the full implementation of its international human rights obligations.
51. The Czech Republic welcomed the delegation of Somalia.
52. The Democratic Republic of the Congo praised the efforts in the field of human
rights, including the full cooperation with the special procedures and the adoption of a
national action plan.
53. Denmark commended the ratification of the Convention on the Rights of the Child
but was concerned about serious abuses against civilians by all parties to the conflict.
54. Djibouti acknowledged the terrorist threat facing Somalia. It expressed support for
the adoption of the Human Rights Road Map and an action plan to implement the universal
periodic review recommendations.
55. Egypt called on the international community to continue to support Somalia in
implementing its human rights action plan, combating poverty and achieving full security.
56. Estonia encouraged Somalia to ratify all core international human rights instruments
and to issue a standing invitation to the special procedure mandate holders. It commended
Somalia for ratifying the Convention on the Rights of the Child.
57. Ethiopia noted that, despite significant obstacles to human rights protection caused
by terrorism, Somalia had made achievements on the ground. It also noted the lack of
resources and institutional capacity and the poverty that faced Somalia.
58. Finland commended Somalia for ratifying the Convention on the Rights of the
Child. It encouraged Somalia to establish an independent national human rights
commission and called upon Somalia to halt executions and apply a moratorium.
59. France welcomed the ratification of the Convention on the Rights of the Child in
October 2015.
60. Germany commended Somalia for its engagement with international human rights
mechanisms and its willingness to improve the human rights situation in the country.
61. Ghana appreciated the ratification of the Convention on the Rights of the Child and
the steps taken to ratify the Convention on the Rights of Persons with Disabilities.
62. Greece highlighted progress made in several areas, including the ratification of the
Convention on the Rights of the Child and the establishment of the Ministry of Women,
Human Rights and Social Development.
63. Guatemala noted positively the adoption of the Human Rights Road Map and its
action plan. It also noted the need to prevent gender inequality by complying with policies
to prevent violence against women.
64. Indonesia commended the establishment of the Human Rights Road Map and its
action plan.
65. Iraq congratulated Somalia for its ability to re-establish security, its efforts to
comply with its international obligations, and its accessions to international conventions.
66. Maldives welcomed the ratification of the Convention on the Rights of the Child,
but was concerned about the large number of internally displaced persons, especially those
who did not have means to meet basic food needs.
67. Japan welcomed the adoption of the post-transition road map on human rights, but
was concerned about continuing human rights violations, including the recruitment and use
of children as soldiers.
68. Kuwait acknowledged the political, economic and security challenges facing
Somalia and indicated its intention to continue to provide the voluntary contribution to help
Somalia overcome them.
69. Latvia regretted the slow pace of implementation of national action plans to end
sexual violence and to prevent the recruitment of children as soldiers.
70. Lesotho noted with appreciation the establishment of key institutions and the
enactment of fundamental human rights laws and policies. It encouraged the development
of institutional and legal frameworks.
71. Libya acknowledged the positive developments since the last review, including the
adoption of policies and strategies, the ratification of the Convention on the Rights of the
Child and the tabling of the first national counter-terrorism bill.
72. Lithuania noted implementation of the national plan on human rights protection and
encouraged Somalia to cooperate with the United Nations human rights mechanisms.
73. Luxembourg encouraged Somalia to continue its efforts to stabilize the situation of
the country. It expressed concerns about the recruitment of child soldiers and the
continuation of impunity in cases of sexual violence.
74. Madagascar praised the progress made in implementing the recommendations
accepted during the first universal periodic review.
75. Malaysia noted the enactment of new legislation covering the rights of children, the
rights of foreign workers, the establishment of an electoral commission, and issues relating
to the media.
76. Italy commended the progress made in implementing the Human Rights Road Map
and encouraged Somalia to ensure a free and independent press.
77. Mauritania encouraged the Federal Government of Somalia and the regional
administrations to support institutions and mechanisms for the promotion of human rights,
in conformity with the Human Rights Road Map.
78. Mexico commended the commitment of Somalia to mainstreaming human rights as
part of its peace-and State-building goals through the action plan to implement the Human
Rights Road Map.
79. Montenegro enquired about actions taken to protect women and girls who were
victims of sexual and psychological violence and about legal provisions prohibiting female
genital mutilation.
80. Morocco commended the inclusion of human rights principles in the provisional
Constitution and encouraged them to be put into practice at the end of the constitutional
reform which had just begun.
81. Namibia acknowledged the efforts undertaken for legislative reforms to protect and
promote human rights. It also noted the rapid economic growth between 2012 and 2014.
82. The Netherlands noted that no specific steps had been taken to ratify the Convention
on the Elimination of All Forms of Discrimination against Women. It was concerned about
the use of military courts to try civilians.
83. Nicaragua noted the efforts to restructure the State and national institutions in order
to strengthen the rule of law, and also the actions taken to achieve a participatory and
inclusive national dialogue.
84. The Minister of Women, Human Rights and Social Development advised that the
Federal Government of Somalia was preparing to sign and ratify the Convention on the
Elimination of All Forms of Discrimination against Women and was in the process of
consultations with all sectors of society.
85. She also stated that Somalia had established a major, milestone policy to eradicate
female genital mutilation. That policy had been approved and endorsed by the Cabinet and
was being implemented.
86. Moreover, the Government was discussing and preparing a standing invitation for all
relevant special procedure mandate holders to visit Somalia and see at first hand the work
that Somalia was undertaking to improve the human rights situation.
87. The Attorney General added that Somalia was committed to engaging in community
dialogue on the use of the death penalty as way of punishing severe crimes. This
community dialogue was a process that would take a long time, as the issue was highly
controversial, and inherent to the religion, culture and beliefs of the Somali people. Somalia
was seeking ways to ensure that this punishment was reserved only for the most heinous
crimes, and even then, Somalia was looking into ways to modify rulings so that alternative
punishments could be used, such as life imprisonment.
88. The Niger encouraged the implementation of the national action plan for human
rights, which contained the democratic rights guaranteed by the provisional Constitution.
89. Nigeria commended Somalia on its engagement with relevant stakeholders regarding
State formation, mediation and reconciliation within communities.
90. Norway noted the efforts of Somalia with respect to eradicating female genital
mutilation, countering terrorism and ensuring that national security was pursued in
compliance with the country’s human rights obligations.
91. Oman acknowledged the priority that Somalia placed on the right to education at all
levels to remedy the weaknesses in the education system.
92. Pakistan welcomed the ratification of the Convention on the Rights of the Child and
appreciated the continued constructive engagement of Somalia with OHCHR.
93. The Philippines welcomed the ratification by Somalia of the Convention on the
Rights of the Child and of three fundamental ILO conventions, but noted concern over
reported incidents of piracy and human smuggling.
94. Portugal noted with satisfaction the ratification of the Convention on the Rights of
the Child but remained concerned about the situation of journalists and human rights
defenders.
95. Qatar appreciated the efforts of Somalia at the constitutional, legislative and
institutional levels to protect and promote human rights. It also commended the interest of
Somalia in setting up a national human rights institution.
96. The Republic of Korea welcomed the efforts to develop the national action plan to
end sexual violence in conflict, and the ratification of the Convention on the Rights of the
Child.
97. Saudi Arabia commended the adoption of the Human Rights Road Map, the
ratification of the Convention on the Rights of the Child, all efforts in combating terrorism,
and the approval of the national counter-terrorism bill.
98. Senegal noted the implementation of the fight against sexual violence and against
the enlistment of child soldiers. It highlighted the human rights provisions included in the
provisional Constitution.
99. Sierra Leone commended the adoption of the provisional Constitution, the action
plan for the Human Rights Road Map, and the ratification of the Convention on the Rights
of the Child. It encouraged Somalia to provide legal clarification on the age of the child in
its national legislation.
100. Slovakia stated that the recruitment and use of children by militias should be
addressed as a matter of priority. It was concerned about recent executions and invited
Somalia to ratify the Second Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty.
101. Slovenia noted with regret that the use of the death penalty persisted and urged
Somalia to continue the constitutional review process without further delay.
102. South Africa encouraged Somalia to continue its efforts for the protection and
promotion of human rights, including the right to development.
103. South Sudan appreciated the priority given by Somalia to the right to education. It
called upon the international community to provide Somalia with technical assistance and
capacity-building in the field of education.
104. Spain encouraged Somali institutions to overcome differences and focus in a unified
fashion to work together for constitutional reform. It commended the ratification of the
Convention on the Rights of the Child and the Convention on Cluster Munitions.
105. The State of Palestine welcomed the ratification of the Convention on the Rights of
the Child and encouraged Somalia to also ratify the Optional Protocol on the involvement
of children in armed conflict and the Convention on the Elimination of All Forms of
Discrimination against Women. It acknowledged the emphasis that Somalia had put on the
right to education.
106. Sweden welcomed steps taken towards improving the national framework for
prevention and redress for sexual and gender-based violence. It noted a problem with the
implementation of a national action plan on sexual violence in conflict.
107. Switzerland condemned the recent executions and also raised concerns about the
human rights violations against internally displaced persons and human rights defenders.
108. Thailand commended the adoption of the provisional Constitution and the Human
Rights Road Map and the establishment of the national human rights commission.
109. Togo welcomed the efforts of Somalia to protect human rights despite the security
issues that the country faced. It urged the international community to provide further
support to Somalia.
110. Turkey encouraged the achievement of Vision 2016, the finalization of the
federalism process and the adoption of fundamental legislation.
111. Uganda urged Somalia to expedite the constitutional review process to strengthen
institutions that play a key role in promoting and protecting human rights.
112. Ukraine welcomed the recent accession of Somalia to the Convention on the Rights
of the Child.
113. The United Arab Emirates emphasized the need for the international community to
provide urgent assistance to Somalia in undertaking major reforms.
114. The United Kingdom of Great Britain and Northern Ireland was concerned about the
human rights situation in Somalia, particularly the targeting of journalists with complete
impunity.
115. The United States of America welcomed commitments to hold an electoral process
in 2016 and noted that Somalis continued to suffer from conflict-related abuses, including
sexual and gender-based violence.
116. Uruguay noted that the provisional Constitution provided affirmative action to
promote gender equality and equity and welcomed the National Gender Policy.
117. The Bolivarian Republic of Venezuela welcomed the Human Rights Road Map
2013, its action plan, and the high priority attached to the right to education.
118. Yemen stated that, despite the difficulties caused by the war and conflict, Somalia
had been able to combat trafficking and terrorism and protect the rights of women.
119. Afghanistan welcomed the adoption of the Human Rights Road Map and its action
plan, which were aimed at respecting, promoting and fulfilling the human and democratic
rights of Somali citizens.
120. Algeria commended the provisional Constitution, which enshrined human rights
principles and efforts to promote the rights of vulnerable groups, particularly those of
women and children.
121. Angola encouraged the revising of the Constitution to be an inclusive process in the
context of the national dialogue to establish strong and democratic institutions to harmonize
sectorial laws with international standards.
122. Argentina expressed concern about the human rights situation in Somalia because of
attacks by armed groups, as reflected in Human Rights Council resolution 30/20. It
recognized the huge efforts made by Somalia for the rights of internally displaced persons
and refugees.
123. Armenia noted the challenges faced in the promotion of the rights of the child,
including the right to education, as well as in the promotion of the right to health, which
included limited access to health-care services and the need to renew the infrastructure.
124. Australia welcomed steps to introduce institutions supporting fundamental rights,
including the national human rights institution, but was concerned about the recruitment of
child soldiers.
125. Austria was concerned at restrictions on press freedom and violence against women,
including female genital mutilation. It noted that the implementation of an action plan to
address sexual violence was slow.
126. Azerbaijan noted the ratification of the Convention on the Rights of the Child and
three ILO conventions. It also welcomed cooperation with the special procedures.
127. Bahrain commended the implementation of the recommendations from the first
cycle, including those from Bahrain. It also appreciated Somalia’s dealings with internally
displaced persons and their return.
128. Bangladesh welcomed the ratification of the Convention on the Rights of the Child.
It highlighted the need of Somalia to continue to receive due attention and assistance from
the international community in its efforts to ensure basic human rights for its citizens.
129. Belgium noted the draft legislation banning female genital mutilation. It raised
concerns at the lack of protection for internally displaced persons and at the intimidation,
attacks and murders reportedly carried out on journalists.
130. Botswana noted the 2012 provisional Constitution and the adoption of many laws. It
also noted several challenges that Somalia had been facing in implementing its policies and
strengthening institutions.
131. Burundi noted the ratification of the Convention on the Rights of the Child and
encouraged Somalia to continue its efforts to counter terrorism.
132. The Minister of Women, Human Rights and Social Development thanked
delegations for their engagement and interest in the human rights situation in Somalia.
Somalia had many challenges and needed the support of its international partners in order
to ensure that it could implement major objectives as specified in the Human Rights Road
Map.
133. Somalia had achieved a lot and had a long way to go. Somalia was simultaneously
rebuilding an entire State, fighting crippling terrorism and working hard to promote and
protect human rights. On top of all this, 2016 was promising to be a historic year, as
Somalia prepared for the election of the second post-transition Parliament and President.
134. The Minister assured the Working Group that Somalia would take all
recommendations into consideration and deliberate on them. Somalia was more than
willing to take action to realize human rights, but lacked capacity. She urged all those
advising Somalia on this issue to work with Somalia and to assist its Government to
implement its human rights programmes.
II. Conclusions and/or recommendations
135. The recommendations formulated during the interactive dialogue/listed below
have been examined by Somalia and enjoy the support of Somalia:
135.1 Sign and ratify the Convention on the Elimination of All Forms of
Discrimination against Women (Austria) (Italy) (Slovakia) (Spain) (Turkey);
** The conclusions and recommendations have not been edited.
135.2 Accede to the Convention on the Elimination of All Forms of
Discrimination against Women (Costa Rica)/Ratify the Convention on the
Elimination of All Forms of Discrimination against Women (Guatemala)
(Malaysia) (Montenegro) (Portugal) (Sierra Leone) (Sweden);
135.3 Consider acceding to the Convention on the Elimination of All Forms
of Discrimination against Women (Egypt)/Consider ratifying the Convention
on the Elimination of All Forms of Discrimination against Women (Indonesia);
135.4 Step up its efforts towards ratifying the Convention on the
Elimination of All Forms of Discrimination against Women (Philippines);
135.5 Accede to the Convention on the Elimination of All Forms of
Discrimination against Women and actively fight against violence against
women (France);
135.6 Fast-track the process to sign and ratify international treaties related
to the Convention on the Elimination of All Forms of Discrimination against
Women (Uganda);
135.7 Fast-track the process to sign and ratify international treaties related
to the African Charter on Human and Peoples’ Rights among others (Uganda);
135.8 Consider ratification of the Protocol to the African Charter on
Human and Peoples’ Rights on the Rights of Women in Africa (Namibia);
135.9 Ratify the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa and enact and enforce laws and
regulations that prohibit all forms of violence against women (Sweden);
135.10 Deposit ratification instruments of the Kampala Convention on the
Protection and Assistance of IDPs with the African Union and initiate a
profiling exercise of the IDPs in Mogadishu to assess protection needs and
define “durable solutions” (Germany);
135.11 Continue to strengthen its legislative framework to promote and
protect human rights (Congo);
135.12 Enact legislation on human rights, including Citizenship Act, Persons
with Disabilities Act, and the National Human Rights Commission Act (Egypt);
135.13 Work on enacting important and relevant human rights laws,
particularly, Disability Act, National Commission for Human Rights Act, and
Sexual Offences Act (Iraq);
135.14 Continue efforts to ensure respect and protection of the rights and
fundamental freedoms of the entire population, especially of vulnerable groups,
and to ensure compliance with international humanitarian law (Argentina);
135.15 Strengthen the dialogue with the African Union and the United
Nations with a view to adopting strategies for the protection of human rights
(Costa Rica);
135.16 Establish a national human rights institution (Morocco);
135.17 Continue efforts to strengthen human rights institutions, including
the judiciary and the Ministry of Women and Human Rights in order to ensure
effective protection and promotion of human rights (Botswana);
135.18 Implement the Action Plan of the National Human Rights Roadmap
(Cuba);
135.19 Continue to implement National Human Rights Road Framework
(Pakistan);
135.20 Continue its efforts to speed up the implementation of the National
Human Rights Roadmap and the related Action Plan (Qatar);
135.21 Take concrete measures to ensure the implementation of the action
plan for the human rights roadmap and to ensure all its citizens have access to
an independent and competent legal aid system (Afghanistan);
135.22 Step up efforts to implement the Action Plan for the Human Rights
Roadmap for Somalia, as well as to reduce and prevent violence against women
(Brazil);
135.23 Mobilize national and international stakeholders for the continued
implementation of its National Human Rights Roadmap (Ethiopia);
135.24 Take necessary steps to implement the National Human Rights
Roadmap and its Action Plan and call on the international partners to support
Somalia in their implementation (Azerbaijan);
135.25 Intensify coordination efforts with various United Nations bodies and
mechanisms for the further implementation of the national road map for
human rights set out in paragraphs 48 and 49 of the report (United Arab
Emirates);
135.26 Enhance its work on human rights education and training to its
people (Philippines);
135.27 Continue with awareness-raising and trainings for workers in the
legal sector and those working in the area of human rights (Egypt);
135.28 Continue to protect the rights of workers and women, emphasize
justice for minorities, and strengthen public health (Iraq);
135.29 Develop a birth registration system (Turkey);
135.30 Submit overdue reports to the relevant UN treaty bodies (Sierra
Leone);
135.31 Utilize international financial and technical assistance to discharge its
human rights reporting obligations (Ethiopia);
135.32 Extend a standing invitation to special procedures (Turkey);
135.33 Extend a standing invitation to all special procedures of the Human
Rights Council (Latvia);
135.34 Extend a standing invitation to all mandate holders of Special
Procedures (Madagascar);
135.35 Issue a standing invitation to the special procedures mandate holders
(Lithuania);
135.36 Consider the issuance of a standing invitation to special procedures
mandate holders (Azerbaijan);
135.37 Consider extending an invitation on the UN Special Rapporteur on
Human Rights Defenders (Portugal);
135.38 Take all appropriate action in order to combat all forms of
discrimination and violence against women and girls (Cyprus);
135.39 Adopt necessary measures to prevent violations of human rights and
international humanitarian law within the framework of military operations
(Costa Rica);
135.40 Issue clear public orders to the Somali National Forces not to commit
unlawful attacks against civilians (Denmark);
135.41 Adopt clear measures to ensure that humanitarian aid is not
disrupted in a systematic way (Bahrain);
135.42 Implement a zero-tolerance policy on gender-based violence
(Turkey);
135.43 Intensify the implementation of the action plan addressing the
alarming levels of sexual violence against women (Greece);
135.44 Ensure effective implementation of the National Action Plan to End
Sexual Violence in Conflict, including through frequent meetings of the
Steering Committee (United Kingdom of Great Britain and Northern Ireland);
135.45 Take concrete measures to end violence against women by
implementing the National Action Plan to end sexual violence and by
investigating and prosecuting alleged violations, including when perpetrated by
military and security personnel, in accordance with international law
(Finland);
135.46 Strengthen the dialogue with AMISOM with a view to adopting
special measures to protect Somali women and girls against sexual exploitation
and abuse (Mexico);
135.47 Continue its efforts in the provision of social care for children at risk
and poor families (Yemen);
135.48 Consider taking targeted measures to combat violence against
children; to conduct awareness campaigns on children’s right to freedom from
violence and to offer protection to children who are victims of violence
(Namibia);
135.49 Double the efforts to protect children from being victimized by forced
and unlawful employment, recruitment of child soldiers by militant groups,
trafficking, or sexual exploitation (Malaysia);
135.50 Take measures to put an end to the presence of child soldiers within
the armed forces and armed groups (Democratic Republic of the Congo);
135.51 Establish effective vetting procedures to ensure that the Somali
national armed forces and police do not include persons under the age of 18
(Belgium);
135.52 Implement the national action plan against the recruitment of
children into armed forces (Australia);
135.53 Ensure that the Action Plan on ending the recruitment and use of
children signed in 2012 is fully implemented (Slovakia);
135.54 Implement fully the 2012 Action Plans to eradicate the recruitment
and use of child soldiers and achieve the goal of “Children Not Soldiers” in this
year (Uruguay);
135.55 Prevent and thoroughly halt the use and recruitment of child soldiers
and ensure reintegration and access to education for former child soldiers
(Japan);
135.56 Step up its efforts to strengthen the mechanisms to demobilize child
soldiers and ensure their social reintegration, notably through family
reunification and vocational training (Angola);
135.57 Strengthen efforts at maintaining an efficient, impartial and
independent judiciary as a critical pillar in the administration of justice (South
Africa);
135.58 Continue to take actions to improve the capacity of the judiciary,
including by sensitizing officials working in the judicial branch on issues
concerning vulnerable groups such as women, children and persons with
disabilities (Malaysia);
135.59 Improve access to justice for victims of sexual violence, particularly
in rural areas (Luxembourg);
135.60 Investigate thoroughly and prosecute all reported cases of sexual
violence, and ensure that support and compensation is provided to the victims
(Sierra Leone);
135.61 Adopt measures to eliminate all forms of violence against women
including by ensuring that the perpetrators are prosecuted and punished and
that the required protection and assistance is provided for the victims
(Slovenia);
135.62 Prohibit all forms of violence against women by passing and
enforcing legislation providing for prevention, the adequate punishment of
perpetrators, protection and support for victims, including legal remedies and
paying special attention to the protection of minority women (Austria);
135.63 Strengthen accountability mechanisms for security forces, including
by ensuring these mechanisms protect the rights of victims (United States of
America);
135.64 Ensure that the perpetrators of all terrorist attacks are brought to
justice (Cyprus);
135.65 Strengthen efforts towards the protection of women and children’s
rights, and ensure thorough investigations of alleged violence against women,
including sexual violence (Botswana);
135.66 Adopt measures, including appropriate legislation, to prevent,
penalize and eliminate all forms of violence against women, end impunity for
sexual violence and ensure access to justice (Lithuania);
135.67 Carry out judicial investigations into the crimes against journalists
(Belgium);
135.68 Take measures to ensure that journalists exercise their profession
freely and fight against impunity of the perpetrators of violence against them
(France);
135.69 Address effectively the issue of murders and harassment of
journalists, media workers and professionals, by eliminating the prevalence of
impunity and establishing effective prosecution acts (Greece);
135.70 Ensure that security forces do not arbitrarily harass and arrest
journalists or otherwise prevent the exercise of freedom of expression (United
States of America);
135.71 Promote equal participation of all citizens in political and public
affairs and adopt legislation regulating the establishment and functioning of
political parties (Czech Republic);
135.72 Promote the participation of women in public affairs, including
raising the rate of their representation in elected councils (Algeria);
135.73 Strengthen its efforts to increase women’s participation in elected
and appointed bodies at all levels of government (Norway);
135.74 Further promote the country’s economic recovery, through reducing
poverty and considerably improving infrastructure in service delivery
(Greece);
135.75 Step up collaboration with regional and international actors to
improve food security by working towards achieving sustainable production
and distribution of food (Malaysia);
135.76 Continue and strengthen measures to fight against malnutrition, both
chronic and acute (Cuba);
135.77 Take immediate measures to ensure under-nourished children are
provided with nutrition supplements and access to clean water (Maldives);
135.78 Establish and continue to improve the healthcare system to protect
people’s right to health (China);
135.79 Find the necessary means to improve the health sector, providing
access to all citizens (Djibouti);
135.80 Take measures to promote and protect the right to health, including
through ensuring access to health care services (Armenia);
135.81 Take concrete measures to reduce child and maternal mortality rates
(Maldives);
135.82 Intensify its efforts in addressing the issues of education, poverty and
health (Nigeria);
135.83 Provide necessary resources for promotion of human rights,
especially for the right to education and the right to health (Algeria);
135.84 Continue to promote access to education (Pakistan);
135.85 Enhance its efforts to encourage people to enrol their children in
schools as well as to improve access to education (Indonesia);
135.86 Continue to strengthen educational policies in order to ensure the
necessary conditions for full access to education (Bolivarian Republic of
Venezuela);
135.87 Continue to prioritize the realization of right to education as a key
national policy to increase child enrolment rate and improve the quality of
education (China);
135.88 Make the education of children a State priority and provide all
children with the educational opportunities to rebuild schools and protect them
(Lithuania);
135.89 Continue enhancing the right to education and provide training
services and professional development to the teachers (South Sudan);
135.90 Develop measures to promote education for all, particularly for
vulnerable groups, including women, children and persons with disabilities
(Republic of Korea);
135.91 Increase its efforts to provide education for all, particularly for
women and children, and address inequality in education (State of Palestine);
135.92 Support all stakeholders, including Community Education
Committees, religious groups, NGOs in their effort to provide education
services to all, with a particular emphasis on access of girls to basic education
(Thailand);
135.93 Continue to promote efforts aimed at developing methodological and
innovative approaches balancing the short-term needs and the long-term vision
in order to establish a sustainable education system (Oman);
135.94 Invest in the education sector, particularly in rural areas (Djibouti);
135.95 Take measures to ensure equal access to education, especially for
those living in rural areas (Maldives);
135.96 Adopt a national policy to end discrimination against persons with
disabilities and support their social integration, including of persons with
mental health problems (Italy);
135.97 Adopt measures aimed at protecting persons belonging to minority
groups, including internally displaced persons belonging to minorities
(Portugal);
135.98 Do its best in addressing the issue of internally displaced persons
(Nigeria);
135.99 Expedite the finalization of the policy addressing the situation of
refugees and IDPs (Bahrain);
135.100 Respect and protect the human rights of internally displaced persons
(Switzerland);
135.101 Protect the rights of internally displaced persons and fight
discrimination against them (France);
135.102 Intensify efforts aimed at creating relocation sites and providing
basic protection to internally displaced persons (Ukraine);
135.103 Take measures to ensure access to basic services by internally
displaced persons and refugees (Argentina);
135.104 Call on the international community to assist its economy and
provide support to it (Kuwait);
135.105 Fight against terrorism with all possible means (Kuwait);
135.106 Continue its efforts to adopt the national law to combat terrorism
(Libya);
135.107 Speed up the adoption of the national anti-terrorism law and start
implementation in order to prevent harmful effects on the system of human
rights in Somalia (United Arab Emirates).
136. The following recommendations will be examined by Somalia, which will
provide responses in due time, but no later than the thirty-second session of the
Human Rights Council, in June 2016:
136.1 Sign, accede to and/or ratify the main international instruments
already agreed in the previous cycle of the universal periodic review
(Uruguay);
136.2 Continue its accession to the core international human rights
instruments (Azerbaijan);
136.3 Ratify and implement the core human rights instruments, in
particular the Convention on the Elimination of All Forms of Discrimination
against Women and the Optional Protocol to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, and
abolish the death penalty, as previously recommended (Slovenia);
136.4 Sign and ratify the international conventions and covenants in the
field of human rights and allow women to contribute to the labour market,
education, and political participation (Iraq);
136.5 Ratify the Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the death penalty
(Montenegro);
136.6 Consider ratification of the Second Optional Protocol to the
International Covenant on Civil and Political Rights with the view to abolish
the death penalty and to introduce a moratorium on executions, as undertaken
during the previous review (Namibia);
136.7 Carry out the necessary step for the ratification of the Convention on
the Elimination of All Forms of Discrimination against Women and other
human rights treaties (Japan);
136.8 Ratify the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention on the Rights of the Child and
its three Optional Protocols (Madagascar);
136.9 Consider acceding to the Convention against Torture (Egypt);
136.10 Step up its efforts towards ratifying the Convention against Torture
(Philippines);
136.11 Fast-track the process to sign and ratify international treaties related
to the Convention against Torture (Uganda);
136.12 Sign and ratify the Convention on the Rights of Persons with
Disabilities (Italy);
136.13 Ratify the Convention on the Rights of Persons with Disabilities
(Guatemala) (Malaysia) (Niger) (Portugal);
136.14 Consider acceding to the Convention on the Rights of Persons with
Disabilities (Egypt);
136.15 Step up its efforts towards ratifying the Convention on the Rights of
Persons with Disabilities (Philippines);
136.16 Fast-track the process to sign and ratify international treaties related
to the Convention on the Rights of Persons with Disabilities (Uganda);
136.17 Ratify the Optional Protocol to the Convention on the Rights of
Persons with Disabilities (Portugal);
136.18 Ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families (Ghana) (Niger) (Sierra
Leone);
136.19 Consider ratifying the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families (Indonesia);
136.20 Step up its efforts towards ratifying the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their
Families (Philippines);
136.21 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance (Ghana) (Sierra Leone);
136.22 Sign the Optional Protocols to the Convention on the Rights of the
Child (Ukraine);
136.23 Ratify the Optional Protocol to the Convention on the Rights of the
Child on the sale of children, child prostitution and child pornography (Spain);
136.24 Accede to the Optional Protocol to the Convention on the Rights of
the Child on the involvement of children in armed conflict (France)/Ratify the
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict (Japan) (Spain);
136.25 Ratify the Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict and the Optional
Protocol to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography, and prohibit explicitly corporal
punishment of children in all settings, including the home (Estonia);
136.26 Ratify the Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict, signed in 2005, without
reservation, and incorporate it into domestic law (Luxembourg);
136.27 Ratify the Optional Protocols to the Convention on the Rights of the
Child and strengthen the legal framework in line with the provisions of the
Convention on the Rights of the Child. Strengthen efforts to end and prevent
the recruitment and use of children (Italy);
136.28 Lift reservations to the articles 14, 20 and 21 of United Nations
Convention on the Rights of the Child as these are incompatible with the object
and purpose of the Convention (Germany);
136.29 Ratify the Convention on the Prevention and Punishment of the
Crime of Genocide (Armenia) (Estonia) (Ghana);
136.30 Sign and ratify the Rome Statute of the ICC (Lithuania);
136.31 Accede to the Rome Statute of the ICC (Costa Rica) (France)
(Luxembourg)/Ratify the Rome Statute of the ICC (Estonia) (Ghana)
(Slovakia) (Slovenia) (Switzerland);
136.32 Consider acceding to the Rome Statute of ICC (Portugal);
136.33 Take all necessary measures towards acceding to the Rome Statute of
the International Criminal Court (Cyprus);
136.34 Accede to the Rome Statute of the International Criminal Court and
ensure its incorporation into domestic law, as accepted in the previous
universal periodic review (Uruguay);
136.35 Ratify the Rome Statute of the ICC to ensure accountability for,
prevention of and justice for the victims of human rights violations (Latvia);
136.36 Accede to the Rome Statute of the International Criminal Court to
complement national mechanisms and ensure accountability for gross human
rights and international humanitarian law violations (Guatemala);
136.37 Ratify the UNESCO Convention against Discrimination in Education
(Ghana);
136.38 Ratify the United Nations Convention against Transnational
Organized Crime and its three Additional Protocols (Portugal);
136.39 Ensure a successful completion and adoption of a Federal
Constitution in line with the Federal Government’s agenda and Vision 2016
(Nigeria);
136.40 Adopt early the Constitution and the draft laws in the process of
enactment, in line with “Vision 2016” programme proposed by the Government
(Nicaragua);
136.41 Finalize the new draft Constitution by continuing to adopt an
inclusive approach (Senegal);
136.42 Finalize and adopt the Federal Constitution, without delay, in
coordination with the Federal Government, regional administrations, civil
society and the Somali public (Lithuania);
136.43 Include women, minorities and persons with disabilities in
participation in the constitutional referendum, and elections (Lithuania);
136.44 Ensure the right to freedom of expression in the soon to be reviewed
provisional constitution and in its federal and regional media legislation
(Finland);
136.45 Give high priority to the drafting and implementation of a new Penal
Code and a new Penal Procedural Code which would include provisions to
prohibit discrimination against women, minorities and displaced persons in all
its forms; provisions to facilitate access to justice for all citizens; and which
excludes the death penalty (Netherlands);
136.46 Combat piracy by enacting a legislation prohibiting ransoms to
pirates for releasing hostages (Democratic Republic of the Congo);
136.47 Continue efforts to consolidate the national framework for protection
of human rights (Morocco);
136.48 Continue to strengthen the national dialogue through an inclusive
and collaborative process (Nicaragua);
136.49 Work towards strengthening the national reconciliation in order to
bring the country out of the cycle of violence (Senegal);
136.50 Strengthen its cooperation with the international community and
accelerate the establishment of democracy and the rule of law (Japan);
136.51 Establish a national human rights institution in line with the Paris
Principles (Malaysia);
136.52 Establish a National Human Rights Institution in full compliance
with the Paris Principles as a matter of priority (Australia);
136.53 Step up the process of establishing a national human rights
commission in line with the Paris Principles (Burundi);
136.54 Expedite its efforts to establish the National Human Rights
Institution, in line with the Paris Principles and with full participation of the
civil society (Indonesia);
136.55 Ensure that the establishment of the Independent Human Rights
Commission Bill is Paris Principle compliant and that the establishment is in
line with a transparent and inclusive nomination and appointment process
(Sweden);
136.56 Take full and effective advantage of technical assistance provided by
the international community in the field of training and capacity building of
national institutions for the promotion and protection of human rights (Qatar);
136.57 Reinforce government control over the activities and personnel of
private military and/or security companies, in order to strengthen the rule of
law and respect for human rights by all relevant actors (Brazil);
136.58 Undertake specific legal reforms for the promotion of non-
discrimination and gender equality (Greece);
136.59 Intensify efforts in enacting and strengthening appropriate legal
framework, which will address gender inequalities, sexual violence and
protection of women’s rights (Nigeria);
136.60 Intensify its effort in the promotion and protection of the rights of
women by, inter alia, ratifying the Convention on the Elimination of All Forms
of Discrimination against Women, revising discriminatory legal provisions and
effectively enforcing its law to fight against gender-based violence (Thailand);
136.61 Reform its legislation in view of promoting non-discrimination and
equality between men and women within marriage and for rights of women in
case of dissolution of marriage (Madagascar);
136.62 Take clear steps to ensure that Somali security forces (and militias
under its purview) comply with international human rights law and
international humanitarian law, including by integrating human rights training
into security sector reform programmes (Canada);
136.63 Consider placing a moratorium on the death penalty (South Africa);
136.64 Declare a moratorium on the death penalty (Costa Rica);
136.65 Establish a moratorium in view of abolishing the death penalty
(Greece);
136.66 Introduce a moratorium on capital executions, with a view to abolish
the death penalty (Italy);
136.67 Establish a moratorium on the death penalty, in view of its definitive
abolition (France);
136.68 Establish immediately an official moratorium on executions with a
view to abolishing the death penalty (Austria);
136.69 Establish a moratorium on the death penalty with a view to its
abolishing in the shortest delay (Lithuania);
136.70 Adopt a moratorium on the death penalty and commute capital
punishment to alternative penalties (Switzerland);
136.71 Establish a formal moratorium on the death penalty with a view to
ratifying the Second Optional Protocol to the International Covenant on Civil
and Political Rights (Australia);
136.72 Establish and respect a moratorium on the application of the death
penalty in Somalia, in accordance with its 2011 universal periodic review
commitment (Canada);
136.73 Prohibit the application of the death penalty, life imprisonment and
corporal punishment on offences committed by minors (Mexico);
136.74 Take measures to counteract serious violations and abuse of the
human rights of women and girls, including early forced marriage and FGM
(Japan);
136.75 Implement the action plan against sexual violence against women and
adopt measures to further criminalize female genital mutilation (Spain);
136.76 Step up efforts to prevent all forms of violence against women,
including sexual abuse and domestic violence by finally adopting a
comprehensive National Action Plan to punish perpetrators and provide
assistance and recovery for victims as well as eradicate harmful traditions such
as FGM (Republic of Korea);
136.77 Enhance efforts to ensure effective implementation of international
commitments and existing legislation to prevent and combat all forms of
violence against women and girls, including sexual abuse and child early and
forced marriage. Adopt measures to support victims of sexual abuse and bring
perpetrators to justice (Italy);
136.78 Enact laws to implement the constitutional prohibition on FGM
(Philippines);
136.79 Speed up and finalize the process of criminalizing the practice of
FGM and take practical steps to eradicate it (Norway);
136.80 Abolish in law and practice female genital mutilation, including
through the ratification and implementation of the Maputo Protocol
(Australia);
136.81 Adopt and enact the legislation banning female genital mutilation at
the earliest possible stage (Belgium);
136.82 Make all necessary efforts to pass legislation prohibiting female
genital mutilation within the current year (Uruguay);
136.83 Modify the penal code to legally prohibit all forms of FGM.
Complement punitive measures with awareness-raising and educational
activities. Consider developing an action plan to intensify efforts for the
eradication of FGM (Italy);
136.84 Prohibit the widespread practice of female genital mutilation/cutting
in Somalia, including by amending the penal code to ban the practice and
bringing legislation into conformity with Article 15 (4) of the Provisional
Constitution (Canada);
136.85 Adopt comprehensive policies abolishing child, early and forced
marriage (Sierra Leone);
136.86 Take necessary measures to reduce child marriage, particularly the
prohibition of forced marriage of girls (Mexico);
136.87 Implement the legislation to prevent and repress marriages between
minors by fixing the legal age for marriage at 18 for men and women
(Madagascar);
136.88 Adopt concrete measures to end, as a matter of priority, the
enrolment of children in armed forces, including ratifying and implementing
the Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict (Czech Republic);
136.89 Take further steps to protect children, including by implementing the
2014 Child Protection Act and finalizing the ratification of the Convention on
the Rights of the Child, taking steps to ratify its Optional Protocol on the
involvement of children in armed conflict, and by implementing the 2012 action
plans to prevent the recruitment and use of child soldiers by the Somali
National Army and allied militias (Canada);
136.90 Make further efforts to strengthen the legal framework in the areas
of security and law enforcement as well as ensure that the judiciary is guided
by international human rights law with a particular focus on the importance of
an impartial and independent judicial system (Republic of Korea);
136.91 Continue strengthening the legal framework and building institutions
in the area of security, law enforcement, and judiciary, in accordance with the
rights-based approach and not bringing civilians before military courts (State
of Palestine);
136.92 Put an end to the trials of civilians by military tribunals (France);
136.93 Ensure the prompt, impartial and effective investigation of all attacks
and violence against journalists to bring the perpetrators to justice and provide
remedies for the victims and their families and, to reform the Penal Code to
bring it in line with international standards on freedom of expression (Latvia);
136.94 Deepen measures to ensure the fight against impunity for
perpetrators of acts of violence and of all human rights violations (Argentina);
136.95 Address widespread impunity — including for attacks against
journalists, civil society and human rights defenders, women and LGBTI
persons — by conducting timely and impartial investigations, investigating
threats of violence, and prosecuting perpetrators (Canada);
136.96 Ensure the protection of the human rights of journalists and human
rights defenders and guarantee that perpetrators of violations against human
rights defenders be brought to justice (Switzerland);
136.97 Establish clear vetting procedures to identify and prosecute
individuals responsible for serious abuses of human rights such as torture,
extrajudicial killings, recruitment of children and sexual violence – including
during recruitment and integration of new forces into the SNAF (Germany);
136.98 Prioritize the investigation and prosecution of senior political and
military leaders with command responsibility for violations of international
human rights law and ensure civilian oversight of the Federal Government of
Somalia security forces (Sweden);
136.99 Investigate in a prompt, transparent and impartial manner
allegations of violations of international law and human rights by armed and
security forces and establish procedures for verification and oversight to ensure
that perpetrators of grave violations are removed from these forces (France);
136.100 Ensure that war crimes and crimes against humanity are punished by
acceding to the Rome Statute establishing the ICC (Democratic Republic of the
Congo);
136.101 Step up efforts to ensure accountability and fight impunity and,
among other steps in this regard, ratify the Rome Statute of the ICC and the
Agreement on Privileges and Immunities of the ICC (Czech Republic);
136.102 Ensure that national security shall be pursued in full compliance with
international human rights obligations, including the right to a fair trial, the
rights to information, freedom of assembly and association and freedom of
expression (Norway);
136.103 Provide greater freedom to journalism (Iraq);
136.104 Put an end to the restrictions on freedom of expression, including
arrest of journalists and human rights activists (Portugal);
136.105 Release all media workers and human rights defenders arrested and
detained for their human rights activities and allow the reopening of closed
media outlets (Austria);
136.106 Take concrete measures ensuring the freedom of expression,
independence of the media, protection of journalists, and adopt legislative and
other measures to prevent censorship (Czech Republic);
136.107 Fully guarantee freedom of expression and the press, in particular by
conducting credible and effective investigations into allegations of detentions,
harassment and abuses against journalists in Somalia (Spain);
136.108 Secure the defence of journalists, media personnel and media
company owners against attacks and prosecute those responsible for such
attempts, and adopt an information law (Estonia);
136.109 Ensure that the new Media Law is in line with international
standards (Luxembourg);
136.110 Review the media law of 28 December 2015 to ensure compliance
with international standards on freedom of expression (Denmark);
136.111 Adopt clear by-laws and regulations to the new Media Law clarifying
the general clauses for the benefit of the journalists instead of further reducing
the space of free media (Germany);
136.112 Implement legislative instruments in a manner that ensures full
freedom of expression, leading to active and genuine civil society participation
in the electoral and state-building processes (United Kingdom of Great Britain
and Northern Ireland);
136.113 That the Federal Government at the highest level ensure strong
public statements recognizing the legitimate and important role of journalists
and human rights defenders in advancing human rights and inclusive politics
(Norway);
136.114 Ensure that the National Intelligence and Security Agency refrains
from detaining journalists, closing media outlets, confiscating media equipment
and other law enforcement activities which are beyond its mandate
(Netherlands);
136.115 Hold an on-time electoral process in 2016 that is fair, transparent,
and inclusive (United States of America);
136.116 Develop and approve the legal framework allowing to meet the
minimum quota for women to sit in the Federal Parliament (Mexico);
136.117 Take all necessary steps to halt all forced evictions in all locations
under its control and particularly in Mogadishu (Belgium);
136.118 Allocate adequate resources for ensuring access to safe drinking
water and sanitation, to proper health care services for women and children, as
well as to affordable and satisfactory education (Ukraine);
136.119 Ensure equal access to education for girls and children living in the
rural areas, including by adopting concrete measures to eliminate early
marriages, FGM and other gender discriminative practices which hinder the
education of girls (Slovenia);
136.120 Adopt an anti-terrorism law compliant with international standards
(Ukraine);
136.121 Accelerate the adoption of the pending bills, particularly those
related to fight against the phenomenon of money laundering and terrorism in
order to establish an appropriate legal framework for combating terrorism
(Mauritania).
137. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
Annex
Composition of the delegation
The delegation of Somalia was headed by H.E. Mme Zahra Ali Samantar, Minister
of Women, Human Rights and Social Development, and composed of the following
members:
• H.E. Mr. Ahmed Ali Dahir, Attorney General
• H.E. Mme Faduma Abdullahi Mohamud, Ambassador Extraordinary and
Plenipotentiary, Permanent Representative, Geneva
• Mr. Mohamed Omar Nur, Director General, Ministry of Women, Human Rights and
Social Development
• Mr. Mohamed Elmi, Human Rights Adviser, Ministry of Women, Human Rights
and Social Development
• Mr. Mohamed Shire, Strategic Policy Adviser, Ministry of Women, Human Rights
and Social Development
• Ms. Farhia Mumin, Technical Adviser, Office of the Deputy Prime Minister
• Mr. Mohamed Ali Jama, Director General, Ministry of Internal Security