39/72 Report of the Independent Expert on the situation of human rights in Somalia - Note by the Secretariat
Document Type: Final Report
Date: 2018 Jul
Session: 39th Regular Session (2018 Sep)
Agenda Item: Item10: Technical assistance and capacity-building
GE.18-12001(E)
Human Rights Council Thirty-ninth session
10–28 September 2018 Agenda items 10
Technical assistance and capacity-building
Report of the Independent Expert on the situation of human rights in Somalia
Note by the Secretariat
The Secretariat has the honour to transmit to the Human Rights Council the report of
the Independent Expert on the situation of human rights in Somalia, Bahame Tom
Nyanduga, pursuant to its resolution 36/27. In the report, the Independent Expert highlights
a progressive improvement of the human rights context, while noting considerable
challenges that negate the full realization of human rights in Somalia. The positive
developments include the process of establishing the National Human Rights Commission
and the fact that Somalia ceased the inhumane practice of public executions in Mogadishu
of persons sentenced to death.
The many challenges that remain include the continued violation of the rights to
freedom of expression and opinion, by both the federal and State security forces, the
violation of the rights of internally displaced persons, the absence of a legal framework for
the protection of persons with disabilities and the plight of the rights of children who had
been abducted by Al-Shabaab and subsequently recaptured or who had escaped. Somalia
retains the death penalty despite having accepted the recommendations made in 2011 as
part of the universal periodic review process to adopt a moratorium.
Other challenges include the continued existence of sexual and gender-based
violence, in spite of campaigns and the implementation of the joint communiqué between
the Federal Government of Somalia and the United Nations on the prevention of sexual
violence, concluded on 7 May 2013. Al-Shabaab remains a potent threat in spite of the
continued fight by troops from the Somalia National Security Forces and the African Union
Mission in Somalia (AMISOM). The group has continued to carry out acts of terrorism,
such as the 14 October 2017 bombing in Mogadishu that left hundreds of civilians dead. It
also targets public officials and extorts taxes from the civilian population in areas under its
control.
Somalia is still undergoing transition in its governance and the peacebuilding
process. It has witnessed progress as well as setbacks in the political, social and economic
spheres, which have included the removal of high-placed State officials from public office.
Within a period of few weeks, the Speaker of Parliament and Chief Justice were removed
from office. Somalia has observed a neutral stance vis-à-vis the Gulf crisis, thus avoiding
potential destabilization owing its historical connections and proximity to the region.
United Nations A/HRC/39/72
While the State formation process was completed in 2016, border disputes and
territorial claims persist, in particular between Puntland and Galmudug. There is also an
active conflict between Puntland and Somaliland in the Sool and Sanaag regions.
In the humanitarian sphere, the Independent Expert notes the almost twofold
increase in internal displacement. The Independent Expert commends the humanitarian
response for having averted loss of lives following the drought in 2017. He notes the
unusually heavy rains and flooding during the second quarter of 2018, which displaced
thousands of people and caused deaths in the Shabelle river valley and in Mogadishu,
respectively.
The Independent Expert takes note of measures taken by AMISOM, such as the
recruitment of human rights protection officers, who will enhance its compliance with
human rights and international humanitarian law obligations. He commends AMISOM for
taking further measures to eliminate sexual exploitation and abuse and to minimize civilian
casualties during its operations.
The Independent Expert calls for the expeditious conclusion of the constitutional
review process. He urges the Federal Government and the Federal Members States to
increase their cooperation in order to enhance respect for human rights in Somalia.
The Independent Expert concludes the report by making several recommendations
on the identified challenges, including that the international community ensure that the
drawdown of AMISOM troops be based on realistic timelines and criteria and that the
Somali National Army is properly trained, funded and equipped to enable it to guarantee
national security. He further recommends that the Federal Government accede/ratify several
international and regional human rights instruments that it has not yet acceded to.
Report of the Independent Expert on the situation of human rights in Somalia
Contents
Page
I. Introduction ................................................................................................................................... 4
A. Political, socioeconomic and human rights landscape .......................................................... 4
B. National constitutional convention ....................................................................................... 4
C. Economy ............................................................................................................................... 5
D. Challenges ............................................................................................................................ 5
II. Mission to Somalia ........................................................................................................................ 5
III. Capacity of the Government to implement its human rights obligations and cooperation with
human rights mechanisms ............................................................................................................. 6
A. Establishment of the National Human Rights Commission .................................................. 7
B. Somalia Joint Human Rights Programme ............................................................................. 8
C. Strengthening institutions for justice and the rule of law ..................................................... 8
D. Fight against Al-Shabaab, and security situation .................................................................. 9
E. Freedom of expression .......................................................................................................... 9
F. Follow-up on the right to freedom of association ................................................................. 10
G. Rights of persons with disabilities ........................................................................................ 11
IV. Humanitarian situation: internal displacement, drought and the impact of floods and
humanitarian responses ................................................................................................................. 11
V. Rights of children in Somalia ........................................................................................................ 13
VI. Women’s rights, the role of traditional justice mechanisms (xeer) and the administration
of justice ........................................................................................................................................ 14
VII. Puntland ........................................................................................................................................ 15
VIII. Somaliland .................................................................................................................................... 16
IX. African Union Mission in Somalia ................................................................................................ 16
X. Inter-clan conflicts and the culture of arms ................................................................................... 17
XI. Conclusions ................................................................................................................................... 18
XII. Recommendations ......................................................................................................................... 19
I. Introduction
1. The present report of the Independent Expert on the situation of human rights in
Somalia, Bahame Tom Nyanduga, covers the period since his previous report to the Human
Rights Council at its thirty-sixth session (A/HRC/36/62). It is submitted pursuant to Human
Rights Council resolution 36/27, in which the Council requested the Independent Expert to
continue to work closely with the Federal Government of Somalia at the national and
subnational levels, as well as with all United Nations bodies, including the United Nations
Assistance Mission in Somalia, the African Union, the Intergovernmental Authority on
Development (IGAD), other relevant international organizations, civil society and all
relevant human rights mechanisms, and to assist Somalia in the implementation of, inter
alia, its domestic and international human rights obligations and Human Rights Council
resolutions and other human rights instruments, including associated routine reporting. The
Council also requested the Independent Expert to report to it at its thirty-ninth session and
to the General Assembly at its seventy-third session.
A. Political, socioeconomic and human rights landscape
2. As a background to the present report, it is imperative to record the steady progress
made by Somalia during the past year, during which it continued to record significant
improvements in the political, socioeconomic, humanitarian and human rights landscape,
which led to stability throughout the country, with the exception of the reported terror
attacks. The participation in 2018 of the Federal Prime Minister, Hassan Ali Khaire, in
meetings of the World Economic Forum in Davos, Switzerland, held on 23–26 January
2018, was a highlight of the growing confidence in Somalia of the international community.
Somalia continued to consolidate the peace, reconciliation and institution-building
processes that had been a key feature since August 2012, when the Transitional Federal
Government was established. However, despite the progress made, Somalia continues to
face many security, political and economic challenges that have an impact on human rights
situation in 2018.
B. National constitutional convention
3. During the reporting period, the Federal Government embarked on the process of
adopting a permanent constitution. On 13–15 May 2018, Somalia convened in Mogadishu a
national convention on the launch of the constitutional review process and planned to have
a new Constitution before the “one-person, one-vote” elections scheduled to be held in
2020. The convention included representatives of the Federal Parliament, the Federal
Government, the judiciary, the National Independent Electoral Commission, the Boundaries
and Federation Commission, the Federal Member States, the Banadir Regional
Administration, youth groups, women, civil society organizations, professional associations,
religious scholars, members of the Somali diaspora, people with special needs, traditional
elders and members of the international community.
4. The Prime Minister pledged financial and political support to the process and
expressed his hope that the country would have a new constitution by the end of 2019. The
Federal Government pledged $3 million for the process and urged the participants to
produce a Somalia-owned document that would guarantee national unity. The Independent
Expert commends the Federal Government for undertaking an inclusive process and
ensuring that the review is a Somali-owned process. It is of paramount importance to reach
political agreement to define the allocation of powers, economic resources and revenues so
that the Federal Member States are not left behind. To that end, the Independent Expert
applauds the commitment made by participants at the convention.
C. Economy
5. The economy of Somalia continued to improve and attracted positive assessments
from international financial institutions. According to the African Development Bank
(AfDB), between 2012 and 2016, Somalia recorded moderate growth, averaging about 3.4
per cent. In 2017, real growth in gross domestic product slowed to an estimated 2.4 per cent,
due mainly to the drought, but it is projected to recover to 3.5 per cent in 2018 and 2019.
The main drivers in 2017 were construction, telecommunications and financial services.
The diaspora played a major role by investing funds from abroad and returning with critical
skills. Projected growth in 2018 and 2019 is expected to be driven by the recovery of
agriculture and higher private sector investment. Inflation is expected to remain around 2.7
per cent in 2018 and 2019.
6. AfDB noted that key economic achievements included drafting the first National
Development Plan for the period 2017–2019, which articulated economic reconstruction
and development priorities. Continued political stability and the improved security situation
has enabled the country to focus on its implementation. Development programmes are
being implemented to revive the social economic sectors, such as the education sector, and
initial achievements have included the enrolment of more children in formal primary
education.1
D. Challenges
7. Despite the progress made, Somalia continues to face security, political and
economic challenges that have an impact on the human rights situation in 2018. Terrorism
remains the major threat to peace and stability in the country. Al-Shabaab has continued its
attacks on the civilian population, public officials and institutions, the Somalia security
forces and the AMISOM contingents. On 14 October 2017, Somalia suffered the biggest
terrorist bomb attack in Mogadishu, in which an estimated 800 people were killed. The
continuing conflict with its high cost on civilian lives and insecurity continues to make
headlines.
8. Drought ravaged Somalia for most of 2017. Internally displaced persons in and
around Mogadishu were forcefully evicted from their settlements in December 2017.
Floods in April and May 2018 affected large parts of the Shabelle river valley and
Mogadishu. The number of internally displaced persons increased from 1.1 million to 2.1
million, due to conflict and climatic conditions, which had a negative impact on their right
to shelter, a safe and healthy environment and other associated social and economic rights,
in particular nutrition and health needs.
II. Mission to Somalia
9. The Independent Expert conducted his fifth mission to Somalia from 25 April to 4
May 2018.2 Prior to the mission, he had conducted week-long consultations in Geneva and
Nairobi and had met with members of the Human Rights Council, the Permanent
Representative of the African Union to the United Nations Office and other international
organizations in Geneva, representatives of international humanitarian organizations and
civil society organizations working in Somalia. He briefed them on the human rights
situation and humanitarian issues that would require his follow-up during the mission.
10. He discussed with the President of the Council the problem of lack of capacity in
Somalia, the need to support post-conflict States such as Somalia in the implementation of
Human Rights Council resolutions, and the need for the Council to consider practical ways
on how recommendations addressed to post-conflict States could be implemented.
1 More than 2,507,430 children aged 6–11 years enrolled for the primary school year from October
2017 to June 2018.
2 Previous missions took place in December 2014, May 2015, April 2016 and May 2017.
Subsequent to his mission, the Independent Expert briefed representatives of the
Development Group for Somalia, in Nairobi, and members of the Friends of Somalia group
and the African Group, in Geneva.
11. The objectives of the mission were as follows:
(a) To assess the human rights situation and the capacity of Somalia to meet its
human rights obligations and implement the recommendations of the Council and other
human rights mechanisms;
(b) To follow up on issues related to sexual and gender-based violence and
responses by the justice sector, particularly the role of the traditional justice system (xeer),
when addressing the rights of women;
(c) To assess the rights of children in Somalia in general, in particular the
treatment of children who had been recaptured or who had escaped from Al-Shabaab;
(d) To assess all other aspects of human rights that he had reported on previously.
12. The Independent Expert met with the Federal Minister for Human Rights and
Women’s Development, the Minister for Constitutional Affairs and the Minister of Justice,
as well as the Ministers for Human Rights and Women’s Development from Hirshabelle
and Galmudug — two Federal Member States that he had not interacted with previously. In
Puntland, he met with the Minister of Justice, the Minister for Religious Affairs and
Rehabilitation, the Minister for Human Rights and Women’s Development, the Acting
Chief Justice and the Acting Attorney General.
13. The Independent Expert also held meetings with the leadership of UNSOM and
senior officials of AMISOM, as well as representatives of development partners and
members of civil society, with whom he discussed the human rights situation — based on
the above-mentioned objectives — and the support of the international community to the
Joint Programme on Human Rights, which was essential for the enhancement of the
capacity of the Federal Government and other stakeholders to protect human rights.
14. During the various meetings, the Independent Expert was briefed on progress made
in the political, social, economic and human rights fronts as well as the challenges faced
since his previous report.
15. The Independent Expert held discussions with officials of the United Nations
Children Fund (UNICEF) and attended a workshop organized in Nairobi for the Federal
Government Ministers and officials and civil society organizations, on the rehabilitation
and integration of children who had been recaptured from or who had escaped from Al-
Shabaab. Regarding the fate of recaptured children, UNICEF emphasized that the best
interests of the children must be adhered to during their recapture, screening, rehabilitation
and integration back into their communities. UNICEF, the Federal Government and
regional States governments, the security forces and civil society working for child rights
have all worked closely to screen the recaptured children and determine their age. All
parties recognized that the recaptured children should be treated as victims, rather than
armed combatants, having been abducted and forcibly recruited, brainwashed and forced to
engage in combat against their will.
16. The Independent Expert learned about counter-terrorism measures being conducted
through the use of drone attacks as a means of combating Al-Shabaab. He emphasizes the
need for all forces involved in the conflict in Somalia to ensure respect for international
humanitarian law during military operations and to respect human rights during counter-
terrorism measures against Al-Shabaab in order to protect the lives of the civilian
population.
III. Capacity of the Government to implement its human rights obligations and cooperation with human rights mechanisms
17. Somalia is a State party to five of the core human rights instruments and the
Optional Protocol to the International Covenant on Civil and Political Rights. It has
submitted two reports to the Council for the universal periodic review process, in 2011 and
2016. It acceded in 2015 to the Convention on the Rights of the Child. With the technical
support of UNSOM and other United Nations agencies and development partners, the
Federal and the regional State Ministries of Human Rights and Women’s Development are
currently implementing some of the country’s human rights obligations. In 2011, Somalia
accepted 155 of the recommendations made during the universal periodic review. During
the 2016 review, Somalia accepted 168 recommendations out of 228. The recommendations
contained in paragraphs 98.144 to 98.155 of the 2011 report of the Working Group on the
Universal Periodic Review emphasized the need for Somalia to be given support and
technical assistance to enable it to meet its obligations.3 Yet the Federal Government and
regional State Governments continue to suffer from lack of adequate human and material
resources, which hamper their ability to meet their human rights obligations. Prior to his
mission, the Independent Expert sought information from the Government on the rate and
capacity of implementation of all Council resolutions accepted by Somalia, but was unable
to obtain such information due to lack of capacity.
18. In discussing the capacity issue, the Federal Minister for Human Rights and
Women’s Development noted that little had changed since 2017.4 Lack of office space and
the need to train staff are some of the urgent capacity constraints the Ministry faces. The
Ministry currently has 102 staff, assisted by two consultants, accommodated in five rooms
in a building that the Ministry does not own. Of those consultants, one is supported by
UNSOM and the other was hired to advise on gender and human rights issues and is
helping to draft a report to the Committee on the Rights of the Child. The Independent
Expert has raised this issue in previous reports.
19. The Minister for Human Rights and Women’s Development for Galmudug informed
the Independent Expert that her state had been neglected by both the Federal Government
and United Nations agencies. As a newly established regional state, Galmudug lacks basic
services. The Ministry has only five staff, and its capacity is very limited at all levels. The
challenges Galmudug faces include high illiteracy rates and a lack of basic social services,
such as health centres. The Minister complained that the resources invested by the
international community into the Federal Government were not distributed equally among
the Federal Member States. She stressed that Galmudug needed assistance, as it relied
heavily on livestock, which had been badly affected by the drought. Galmudug called for
adequate resources to be allocated to its government. It prided itself on being one of the
safest states in Somalia, and it was time that businesses invested in the newly established
regional States as they were doing in Mogadishu, Garowe and Hargeisa.
20. The Minister for Human Rights and Women’s Development for Hirshabelle
underscored the problem of inter-clan conflict, in particular with respect to land and water.
This created food insecurity. She noted that the minority clans suffered the most as their
lands were often grabbed by powerful clans, and livestock destroyed their crops before they
were harvested. The Government collected money from the powerful clans, which
compounded the victims’ suffering and left them with no remedy. She stressed that
minority clans had no access to justice as they could not afford the legal fees, thereby
forcing them to go to traditional leaders for solutions. Legal aid did not exist. The Minister
recommended that legal assistance be reintroduced to help victims.
A. Establishment of the National Human Rights Commission
21. During the period under review, the Federal Government established the National
Human Rights Commission, which had been a long-standing recommendation of the
Council. A section of civil society had complained that the process lacked transparency and
credibility and it would perpetuate the clan-based structures. Upon inquiry from the
authorities, the Independent Expert was informed that the process was supervised by
external consultants, which guaranteed fairness, transparency and inclusivity. According to
3 See A/HRC/18/6.
4 See A/HRC/36/62, paras. 29–30.
the law, a minimum of three out of the total nine members of the Commission should be
women. All applicants were subjected to a written test. The panel prioritized merit, without
which inclusiveness would have been jeopardized.
22. The panel reviewed 615 applications. Eventually, 45 candidates (17 women and 28
men) were shortlisted and sat an interview on 18 December 2017. Nine prospective
members of the Commission were selected, including four women and one person with a
disability. At the time of preparing the report, the Cabinet had yet to finalize the procedures
for making the Commission operational. The Independent Expert urges the Cabinet to
finalize the establishment of the Commission and other constitutional commissions, such as
the judicial service commission and the constitutional review commission, to enhance the
State’s capacity to ensure respect for human rights.
B. Somalia Joint Human Rights Programme
23. In February 2018 the Federal Government, UNSOM, the United Nations
Development Programme (UNDP) and UNICEF launched the Joint Human Rights
Programme to support the work performed by the Federal Government. The Programme
aims to strengthen the nexus between human rights, children’s rights and women’s rights
on the one hand and security and justice institutions on the other hand, through the
implementation of the National Development Plan priorities, the commitments of Somalia
under the universal periodic review and human rights road map.
24. The Programme, structured around two thematic areas, i.e. institutional development
and social engagement and accountability, aims at empowering civil society to hold
government institutions accountable. It should be noted that the five outcomes linked to the
two thematic areas range from strengthening the capacity of ministries at the federal and
state levels to support civil society organizations, to empowering rights holders — namely,
the representatives of Somali women, men and children and persons with disabilities — to
claim their rights.
25. The implementation of the Programme requires $5,523,809 of funding. So far, only
$500,000 has been disbursed, by Sweden. Through the Joint Programme, the international
community can offer practical ways to help Somalia build its technical capacity. The
Federal Government itself is considering putting money into the joint programme, despite
its limited resources. Such a contribution would demonstrate its ownership of the
Programme.
26. Implementation of the Programme will contribute, inter alia, to the achievement of
Goal 16 of the Sustainable Development Goals, on peace, justice and strengthening
institutions, and will deliver on the National Development Plan for the period 2017–2019. It
will also enhance the implementation of the rule of law, justice sector reforms and the
existing Joint Programme on Women’s Political Empowerment and Leadership.
C. Strengthening institutions for justice and the rule of law
27. In his previous report to the Council,5 the Independent Expert noted that little had
been achieved with regard to strengthening justice and rule-of-law institutions, and that
capacity-building for justice and rule-of-law professionals was urgently needed.
28. The Joint Human Rights Programme is designed to address that situation, as it
addresses the issue of strengthening institutions, accountability and respect for human
rights. UNDP continues to roll out its mobile court programme, as security issues have
prevented the construction of permanent infrastructure in some parts of the country. The
Human Rights and Protection Group of UNSOM also conducts capacity-building training
for various rule-of-law personnel.
5 Ibid., paras. 40–43.
D. Fight against Al-Shabaab, and security situation
29. The Somalia national forces, with the support of AMISOM troops, have ensured the
improvement of the security situation in Somalia, thus strengthening democratic institutions,
improving stability and delivery of services by the Government to the Somali people. In
that connection, in April 2018, following week-long deliberations, senior commanders of
AMISOM6 concluded on their transition plan in Somalia. The commanders evaluated the
status of the implementation of the plan, which included launching operations to flush out
Al-Shabaab remnants and building the capacity of the Somali security forces, as stipulated
in the country’s National Security Architecture, as agreed by political leaders in April 2017.
In December 2017, participants in a security conference in Mogadishu reiterated the need to
ensure that the drawdown of African Union forces is based on realistic and not artificial
timelines.
30. The Special Representative of the Chairperson of the African Union Commission for
Somalia stated that the Somali National Security Forces needed to be supported with the
required equipment and weapons and the required mobility to be able to perform their
duties. In that connection, the Independent Expert welcomes the launch by the European
Union of a 10.5 billion euro ($12.4 billion) “peace facility”, which will be operational in
2021 to pay for military equipment, including lethal weaponry, for partner countries in
crisis zones such as Somalia. The fund, when operational, will greatly enhance the capacity
of Somalia national forces to fight Al-Shabaab and protect the country after the withdrawal
of AMISOM forces.
E. Freedom of expression
31. The Independent Expert notes a slight improvement in the situation of the right to
freedom of expression and opinion compared with the previous year, but continues to
receive reports of alleged cases of arbitrary arrest, detention without trial, harassment and
acts of intimidation of journalists committed by security forces and agencies at the Federal
and Federal Member State levels. The reports indicate that arrests and intimidation were
common in Berbera, Hargeisa, Garowe, Kismayu, Mogadishu, Galkayo, Bossasso, Baidoa,
Beledweyne, Las Anod and Jowhar. During the reporting period, 4 journalists were killed
and 12 wounded, particularly in the last four months of 2017. In addition, 22 journalists
were arrested and 8 assaulted. Some allegedly received death threats or were imprisoned
without due process but later released without any charges.
32. Three of the four journalists who were killed died on 14 October 2017, after the
deadliest bomb blast to hit Mogadishu. In addition, two news media organizations were
shut down in 2017 and six news websites were blocked in Somaliland on court orders, for
publishing articles that had been deemed critical to authorities, or for reporting on the
conflict between Puntland and Somaliland, which was considered a state security issue,
thus constraining both traditional media and online platforms. Journalists have been
arrested for publishing what is perceived as “fake news”. Attacks on journalists,
intimidation, harassment and death threats is pervasive and continues with impunity.
33. In the area of policy formulation and legislation, the proposed amendments to the
Media Law that is currently before the Federal Parliament do not contain recommendations
made by media practitioners. This might yet produce a law that does not meet international
standards. At the Federal Member State level in Puntland, Parliament approved the
amendments to the Media Law on 6 December 2017, while Jubbaland authorities initiated
consultations on a media bill in November 2017.
6 www.amisom-au.org.
F. Follow-up on the right to freedom of association
34. The Independent Expert followed up on a matter previously reported relating to the
existence of two factions within the National Union of Somali Journalists.7 He enquired
from Federal Ministers and the Union factions about the status of implementation of the
recommendations of the International Labour Organization (ILO) in which it, inter alia,
called upon the Government to desist from interfering in the affairs of the Union and to
guarantee the right to freedom of expression, to protect journalists from harassment, arrests,
intimidation, threats and attacks and to investigate the assassination of journalists and
threats thereof. The fact that there are two individuals who claim to lead the Union
indicates that the matter has not yet been resolved. The Federal Government is equally
divided on the issue. What started as dispute in the leadership in the Union has
metamorphosed into a trade union issue attracting international attention at ILO, with the
European Parliament and a number of European jurisdictions issuing orders and
declarations against one of the leaders/factions in the Union.
35. The Independent Expert has sought to mediate the issue, primarily as a matter
concerning the leadership of the National Union of Somali Journalists, but also to ensure
that ILO8 recommendations are implemented. In his view, the core of the problem is which
of the two persons was elected legally as Secretary-General of the Union. When the
Independent Expert met with the two sides, he sought clarifications on:
(a) Whether their respective elections as Secretary-General had been conducted
in accordance with the Supreme Court ruling of 4 February 2016;
(b) Whether the elections had been consistent with the constitution of the Union.
36. The session did not bear any positive results but only managed to highlight the
divergent views and claims for legitimacy by both sides.
37. The Independent Expert concluded that there were indeed two factions of the
National Union of Somali Journalists operating side by side, with each one answering to a
different constituency. Each of them has addressed communications to him at different
times.
38. The Independent Expert holds the view that a lasting solution to the existence of two
Secretaries-General of the National Union of Somali Journalists would be the proper
implementation of the 4 February 2016 Supreme Court decision. There are three important
observations he wishes to make: (a) the Supreme Court discussed the two general meetings
held by the different “factions” — on 14–15 March 2011 and on 28–29 March 2011 — and
declared the latter illegitimate and the former legitimate, including the election of Omar
Farouk Osman; (b) the Court nonetheless directed that, as the three-year term allowed by
the constitution of the Union had expired, fresh elections should take place within five
months, overseen by the head of the regional appeals court, to validate the legitimacy of the
participants at the general meeting and the results; and (c) it later transpired that the general
meeting of the Union that had been organized by Mr. Osman on 13 February 2016 had been
disrupted by National Intelligence and Security Services agents, notwithstanding that it had
been sanctioned by the Banadir Regional Court. Yet the Government reported to ILO that a
new Union leadership had been elected at a general meeting on 17 May 2016.9
39. ILO is on record as stating that the Government had interfered in the affairs of the
National Union of Somali Journalists. It recalled the right of workers’ organizations to elect
their representatives freely as an indispensable condition to protect their interests. It stated
that it is essential that public authorities desist from interference, so that workers enjoy this
right. ILO urged the Government to abide by the Supreme Court decision and to refrain
from interfering with the internal affairs of the Union and the Federation of Somali Trade
7 See A/HRC/36/62, paras. 36–38.
8 See 380th report of the Committee on Freedom of Association, available at
www.ilo.org/gb/GBSessions/GB328/ins/WCMS_534575/lang--en/index.htm; and 383rd report,
available at www.ilo.org/gb/GBSessions/GB331/ins/WCMS_592687/lang--en/index.htm.
9 See 380th report, paras. 914, 924, 926 and 935 (a).
Unions and ensure that the elected leaders exercise their mandate freely, until otherwise
determined by the members themselves.
40. The question that remains is whether the order of the Supreme Court, that a general
meeting take place and be supervised by the head of the regional appeals court, has been
satisfied. ILO made a specific recommendation concerning the need to abide by the
Supreme Court decision. The Independent Expert holds the same view, that the
Government abide by the Supreme Court decision and the ILO recommendations. However,
he has found in neither the ILO ruling nor any other source any record of a general meeting
at which Mr. Osman was elected, subsequent to the general meeting of 13 February 2016,
which was disrupted. That disruption constituted government interference, hence the rebuke
by ILO. Since no proper election has taken place subsequently, it is correct to state that
there have been no elections as directed by the Supreme Court. Mr. Osman’s position
emanates from the elections of 14–15 March 2011, prior to the Supreme Court decision. It
is for that reason that the Independent Expert is of the view that, in order to resolve the
problem of the existence of two factions, new elections supervised by the Court should be
held without government interference. That part of the Supreme Court directive remains
unimplemented.
G. Rights of persons with disabilities
41. During his meeting with civil society organizations, one of the key issues that
emerged was the absence of a legal framework for the protection of the rights of persons
with disabilities, who in Somalia suffer multiple cases of discrimination and
marginalization, such as access to employment opportunities. Somalia has not yet acceded
to the Convention on the Rights of Persons with Disabilities, nor has it adopted legislation
to provide for the rights and protection of such persons. The issue was brought to the
attention of the Federal Minister for Human Rights, who stated that the Government was in
the process of drafting such legislation and would in due course ratify the Convention.
IV. Humanitarian situation: internal displacement, drought and the impact of floods and humanitarian responses
42. During his mission, the Independent Expert followed up on the dire humanitarian
situation affecting the civilian population — and internally displaced persons in particular
— caused by conflict, drought and floods due to excessive rains. The human rights of the
displaced remains very precarious, hence the need for durable and lasting solutions.
43. According to the Office for the Coordination of Humanitarian Affairs,10 as many as
6.7 million people — more than half the population — were affected by the drought. About
926,000 people seeking relief from drought-hit areas were displaced between November
2016 and September 2017. Consequently, the number of internally displaced persons
reported doubled in 2017 from 1.1 million to an estimated 2.1 million. The preparedness of
the international community enabled a humanitarian response that averted famine and a
massive death toll through innovative measures, such as the use of electronic money
transfers and a voucher system instead of goods delivery, which enabled the affected
population to receive timely assistance. The measures boosted the local economy, cut out
gatekeepers and eliminated corruption. Unless long-term measures are taken, famine
remains a looming risk in the coming years. The Independent Expert commends the
international humanitarian community for their life-saving efforts during the 2017 drought.
In that regard, the 2018 Humanitarian Response Plan highlights the need to sustain
humanitarian life-saving efforts at levels similar to 2017.
10 See OCHA and Humanitarian Country Team, Humanitarian Response Plan: January–December 2018
(2017). Available at www.humanitarianresponse.info/sites/www.humanitarianresponse.info/
files/documents/files/20180206_somalia_humanitarian_response_plan.pdf.
44. The Federal Government of Somalia requested the establishment of a Drought
Impact and Needs Assessment and subsequent Resilience and Recovery Framework in
August 2017 to identify the root causes of recurrent drought and to develop a strategy for
medium-term recovery and long-term resilience. The Assessment and Framework align
with the Humanitarian Response Plan, the National Development Plan and the National
Disaster Management Policy and are supported by the World Bank, the United Nations and
the European Union.
45. It is of paramount importance that the Drought Impact and Needs Assessment and
the Resilience and Recovery Framework be funded in a timely manner. In order to create
impetus for partner funding, the Federal Government of Somalia and Federal Member
States should primarily inject local resources in the furtherance of the ownership they have
demonstrated in developing the plan.
46. According to the UNHCR-led Protection and Return Monitoring Network,11 having
averted a famine and deaths during the drought period, Somalia suffered heavy rains, floods
and a cyclone/storm that resulted in deaths and affected livelihoods, livestock, shelter and
key infrastructure across Somalia. Within a few weeks, Somalia experienced the heaviest
rainfall in more than three decades. At the onset of the flooding in early May 2018, the
Federal President accompanied by representatives of the international community visited
the flooded areas in Beletweyne to assess damage and offer moral and material support.
47. An estimated 794,761 people were affected by the flooding in southern and central
States, and more than 231,335 people were temporarily displaced. In total, 21 people were
reported dead, including 9 in Hirshabelle State, 4 in Jubbaland State and 8 in the Banadir
region. In Galmudug State, more than 7,200 people were affected and an estimated 5,248
temporarily displaced. The floods increased the high risk of an outbreak in several areas of
waterborne communicable diseases, such as malaria and acute watery diarrhoea/cholera.
48. The 2018 Humanitarian Response Plan, valued at an estimated $1.5 billion, has only
been 25 per cent funded. In addition, logistical challenges have continued to hamper
humanitarian access and response in many areas. In that regard, on 20 May 2018 the
Federal Government of Somalia and the United Nations launched an appeal for $80 million.
The appeal aimed to provide the affected population with immediate assistance and avert a
larger-scale humanitarian crisis, while seeking to capitalize on the agricultural potential the
rains presented in order to address the food insecurity exacerbated by protracted drought.
49. The population of internally displaced persons in Somalia had doubled since the
previous report mainly due to climatic conditions, but also to the continuing conflict,
making Somalia one of the world’s largest displacement crises.12 In total, 108,500 Somali
refugees have returned from the Yemeni conflict to Somalia since December 2017. In the
absence of formal settlements, internally displaced persons and refugee returnees tend to
join existing, congested settlements or establish temporary sites in urban and peri-urban
areas, leading to half of all internally displaced Somalis to be located in and around
Mogadishu and Baidoa.
50. In December 2017, informal settlements for internally displaced persons around
Mogadishu, which had had infrastructure and access to considerable international
humanitarian support, were demolished without due process. Before December 2017, mass
evictions had occurred in March 2015, whereby 3,500 households — involving 123,421
individuals — had been evicted from the KM11 area of Mogadishu. In total, 143,510
individuals had been evicted in 2016 and 153,682 individuals in 2017. Forced evictions
multiply the protection and displacement crises affecting Somalia. The displaced are unable
to have access to or assert their basic rights, mainly due to a power imbalance between
them and the evicting parties. The displaced have settled on private and government land,
for which they do not have lasting tenure or security guarantees. In Mogadishu, the growing
demand for private and public land since the withdrawal of Al-Shabaab has increased
11 https://reliefweb.int/report/somalia/ocha-somalia-flash-update-6-humanitarian-impact-heavy-rains-
25-may-2018.
12 https://www.uninsomalia.org/durable-solutions-initiative.
difficulties for internally displaced and urban poor populations to find land where there is
no risk of eviction.
51. In 2016 the Federal Government, in collaboration with the United Nations, the
World Bank, non-governmental organization (NGOs) and the donor community, developed
the Durable Solutions Initiative, an integrated and comprehensive approach for the
reintegration of internally displaced persons, in line with the National Development Plan, as
a collective framework to identify the causes of displacement and its protracted
characteristics, and harmonize comprehensive and inclusive durable solutions, approaches
and programming. It promotes a rights- and needs-based approach and simultaneously
involves humanitarian, development, peace and State-building partners under the leadership
of government authorities and respectful of international standards. The approach is a
home-grown policy initiative that aims to address endemic displacement in Somalia. Based
on the above principles and in spite of the ongoing fragile humanitarian situation, which has
slowed down progress on the Approach, substantial achievements have been made in
several areas, including: (a) policy dialogue and development; (b) joint planning and
programming; (c) coordination; and (d) creating a base of evidence.
52. An underdeveloped regulatory framework, a weak protective environment and a lack
of awareness of their rights have hampered access to justice for internally displaced persons.
On 23 October 2009, Somalia signed but has not yet ratified the African Union Convention
for the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala
Convention), which defines the rights of the displaced and the primary responsibility of
national authorities in protecting those rights and ensuring the response to displacement.
53. The Independent Expert urges the Federal Government to adhere to the National
Development Plan and the Integrated and Comprehensive Approach principle, in order to
safeguard the basic rights of internally displaced persons and to desist from their arbitrary
forced evictions. He also urges the Government to guarantee the legal protection for victims
of forced eviction, by ensuring their right to due process, remedies and the allocation of
alternative land for their settlement.
V. Rights of children in Somalia
54. One of the objectives of the Independent Expert’s mission to Somalia was to assess
the human rights situation of children in general and in particular the fate of children
recaptured from Al-Shabaab. Apart from the abduction of children, the main root causes for
the recruitment by Al-Shabaab of young people include socioeconomic and political
exclusion, poverty, unemployment and radicalization, or the indoctrination with a violent
extremist ideology. A substantial number of children have been abducted by Al-Shabaab
from schools and villages to join their ranks. Some children have been known to travel
unaccompanied and through hazardous routes to towns deemed safe in order to escape from
Al-Shabaab, and have been cared for by civil society organizations. According to the
statistics provided by UNSOM, Somalia has one of the youngest populations in the world.
It is estimated that 75 per cent of its population is under 30 years old. There has not been an
official census in Somalia since before the collapse of the Siad Barre regime.
55. The participation of young persons in decision-making is almost non-existent due to
discrimination based on clan and cultural affiliations, age, education and poverty. Young
women suffer in particular. Illiteracy is high, with around 55 per cent of young people
unable to read or write. The figures reflect harsh realities and can explain why some young
people join Al-Shabaab or other armed groups voluntarily.
56. Some of the young people who had been abducted by Al-Shabaab before being
recaptured or escaping are undergoing rehabilitation programmes. The Independent Expert
visited two rehabilitation camps for recaptured children, one in Mogadishu and another in
Puntland. The Independent Expert witnessed the vocational training and psychosocial
counselling that the children receive, the majority of whom appeared to be below the age of
majority. They are taught skills ranging from mobile telephone repair to courses on
electrical engineering, plumbing and motor mechanics. In Puntland, he learned that the
children had been serving jail sentences of between 10 and 20 years imposed by the
military court for fighting with Al-Shabaab. UNICEF and civil society organizations were
negotiating with Puntland authorities to have those sentences commuted, since the children
had been forcibly recruited and were therefore victims and should not be subjected to
double jeopardy. In addition, UNICEF was providing training to Somali authorities on the
prevention of child recruitment, and their release and reintegration.
57. The Independent Expert commends UNICEF and civil society organizations for
their most valuable protection and support to these children. He also expresses his
appreciation to the Federal and Puntland governments, UNSOM, UNICEF and the centres
for arranging the visits. He urges the international community to provide financial and
material support to these centres and urges the Government to fund centres to rehabilitate
and reintegrate the recaptured children into their communities.
VI. Women’s rights, the role of traditional justice mechanisms (xeer) and the administration of justice
58. Women’s rights in Somalia continue to suffer due to a lack of an adequate legal
framework and the absence of strong law and order and justice institutions. Conflict-related
factors, such as displacement, rapes committed by youth gangs and unidentified men in
uniform, traditional practices such as forced marriages of young girls and female genital
mutilation, have compounded the violations of women’s rights in Somalia. During his
mission, the Independent Expert continued his advocacy for enhanced physical protection
of victims of sexual and gender-based violence and the need to adopt legislation against
sexual offences and the provision of medical and psychosocial services to victims of such
violence.
59. He also discussed the role of traditional justice mechanisms (xeer) in the protection
of women against sexual and gender-based violence. The Independent Expert expressed his
concern and regret at information indicating that sexual violence attacks against women
remained pervasive and were carried out with impunity, citing the attack in October 2017
against a young girl by a member of the Puntland security forces who, according to reports,
had been neither arrested nor prosecuted. The girl had been sent for treatment outside the
country through a private benefactor.
60. In the newly formed Regional States, the vulnerability of women and girls has been
exacerbated by the food crisis. There is a severe lack of capacity, which makes it difficult to
provide protection to women. In Hirshabelle, women face many challenges. Some have
been attacked and raped when going to or coming from the market. Sometimes women
have been raped then killed. Some women who have become pregnant after being raped
have been forced to leave their villages, and their babies are at risk of being killed. The
women sometimes commit suicide if they cannot leave their village to give birth
somewhere else. There are no centres that provide psychosocial counselling or support to
these victims. Despite advocacy efforts, it is reported that female genital mutilation still
occurs, because the women cutters have no alternative livelihoods.
61. In Galmudug, the child and maternal mortality rate is very high due to the lack of
midwives and health centres. Women are unable to have access to antenatal or postnatal
care and many die while giving birth. There are no orphanages to receive abandoned
children. The illiteracy rate is also very high. The Independent Expert was informed of a
rape case that took place in April 2018 following a clan conflict in which a clan member
raped and attacked a 13-year-old girl with a knife, causing grievous bodily injuries. The
Galmudug government has not prosecuted the alleged perpetrator due to lack of capacity
and resources.
62. On 30 May 2018, the Federal Council of Ministers adopted the sexual offences bill.
The draft bill is the fruit of cooperation between the Federal Government and international
and local technical experts, including judges, police officers, prosecutors and investigators,
civil society and the religious establishment. The bill comes in the wake of similar
legislation adopted in Puntland in 2016.13 Unlike the 1962 Penal Code, it is tailor-made to
address sexual offences in Somalia. Once adopted, the bill could serve as a template for
other conflict-affected countries throughout the world. 14 The Independent Expert
commends the Federal Government for taking this very bold and important step. He also
commends Legal AID Worldwide, an international NGO, which contributed greatly to the
drafting of and advocacy for the bill.
63. The bill, once adopted into law, will provide a legal framework that is essential for
the protection of rights of women in Somalia. Its effective implementation will enhance
greatly the realization of their rights. Yet laws alone will not restore the rights of women if
the governments and society at large do not embrace these legal changes, as Puntland did in
December 2016, when a gang rape case was resolved outside the framework of the sexual
offences act.
64. It is in this context that the Independent Expert seeks to convene a national
conference which will, inter alia, promote and disseminate these legal instruments to the
traditional elders, religious leaders and local communities and will also address the role of
traditional justice system (xeer) in the protection of the rights of women in Somalia.
VII. Puntland
65. The Independent Expert visited Puntland to assess the human rights situation since
his previous visit. Puntland has continued to enjoy relative peace compared with the rest of
South Central Somalia, in spite of an active conflict in recent months between Puntland and
Somaliland forces over the long-standing territorial dispute in the Sanaag and Sool regions.
A truce with Galmudug, a fellow Federal Member State with which it has a border dispute,
is holding. As long as these conflicts remain unresolved, they not only affect the basic
human rights of the residents of the regions, but also destabilize the peace and
reconciliation process in Somalia. Puntland is also ensuring that Al-Shabaab, in the Galgala
Mountains, does not increase its presence and attacks.
66. The Independent Expert learned about the Alternative Dispute Resolution Centres
initiative, launched by the Puntland government with support of the European Union. The
initiative has been implemented in collaboration with the International Development Law
Organization, an international NGO that conducts capacity-building and training in Somalia.
The initiative is a model integration of the formal and traditional judicial mechanisms
(xeer), whereby civil disputes are resolved by traditional elders, while proceedings are
recorded and decisions executed through the formal system. To strengthen access to justice
and justice delivery, Puntland regularly sends magistrates to remote villages to adjudicate
cases. Long distances that have to be covered remain a challenge.
67. As regards the gang rape case, the authorities stated that cooperation between the
formal justice system, sharia scholars and traditional elders had ensured that justice for the
victim was achieved. All of the young people involved were serving prison sentences and
had paid compensation to the victim. The Independent Expert learned about the existence
of a forensic lab that will enhance the investigation of cases of sexual and gender-based
violence and enhance the delivery of justice to such victims in Puntland. It had been built
through Swedish donor support and was the first of its kind in Somalia.
68. On the negative side, the Independent Expert learned about a practice whereby
parents petitioned courts to discipline young people engaged in anti-social behaviour or
substance abuse by sending them to jail. The practice had also affected young people from
the diaspora, who had allegedly been sent back to Puntland to face this form of punishment.
The practice violates the rights of young persons to the presumption of innocence, since
they are not charged or convicted for any criminal offences.
13 See A/HRC/36/62, para. 70.
14 Discussions are currently under way between Legal AID Worldwide and the Minister for Gender,
Family Affairs and Human Rights in Jubbaland about drafting a similar sexual offences bill for
Jubbaland.
69. During his meetings with the Acting Attorney General, the Chief Justice and the
Minister for Justice, it emerged that the practice was known within the Government. It had
been reported that prisons were congested because of the illegal incarceration of these
young people, although this was denied. The Independent Expert urges Puntland to address
the social delinquency problems through social rehabilitation programme rather than
through penal sanction.
70. In spite of these challenges, Puntland continues to record economic growth through
the construction of vital infrastructure, such as a new airport and solar power generation
farms, and has continued to host internally displaced persons, who enjoy vital services,
including solar powered lighting in their settlements in the town of Garowe, on an equal
basis to the other residents.
VIII. Somaliland
71. The Independent Expert could not visit Somaliland during the mission. However,
through credible remote monitoring, he was able to record some positive as well as some
negative developments that affected human rights. Somaliland had held presidential
elections on 16 November 2017, and a new President, Muse Bihi Abdi, had been elected
after 17 years of rule by President Ahmed Mohammed Mohamoud, known as “Silanyo”.
While the elections were deemed free and fair, it is noted also that prior to the election there
had been a lot of harassment and intimidation, and Kalsan Television had been closed
arbitrarily by a minister for reporting on a presidential candidate’s rally. Intimidation of
journalists had continued in the post-election period. In May 2018, two television stations
were banned and journalists arrested for allegedly reporting destabilizing news. Journalists
were intimidated and imprisoned for conducting investigations into corruption or topics
deemed sensitive, such as the investment agreements regarding the Berbera Port.
72. Somaliland continues to punish persons who espouse national unification. A female
poet who had composed a poem glorifying national unity was imprisoned for three years on
15 April 2018 but subsequently pardoned by the new President. A traditional ruler who had
been imprisoned was also recently pardoned. The Independent Expert urges the Somaliland
authorities to adhere to the human rights obligations that have been assumed by the Federal
Republic of Somalia.
73. On 6 January 2018, the Lower House of Parliament passed the rape bill. The House
of Elders, otherwise known as the Guurti, revised the bill on 12 April 2018, reducing the
legal definition of a child from someone aged 18 years and under to 15 years and under,
and removing the exemption of fathers and grandfathers from punishment if they are
involved in cases of forced marriage. These changes negated the protection that the rape bill
had introduced. The law, however, criminalized rape in Somaliland for the first time.
74. The Independent Expert urges the Federal and Somaliland authorities to find
wisdom and engage in talks and negotiations to resolve their long-standing differences for
the sake of peace and development in Somalia. The recent differences emanating from the
proposed concession offered to the port operator DP World to invest in Berbera Port should
be resolved for the good of the broader Somali people.
75. Similarly, the Independent Expert urges Puntland and Somaliland to resolve their
territorial dispute over Sool and Sanaag for the long-term peace and development of the
Somali people at large.
IX. African Union Mission in Somalia
76. During his mission to Somalia, the Independent Expert met with officials from
AMISOM to follow up on a range of issues, including the action taken by AMISOM to
strengthen its international humanitarian law and human rights compliance and
accountability mechanisms. He also wanted to know about the gradual withdrawal of
AMISOM troops. All of these issues have broader human rights implications in the short,
medium and long terms.
77. The Independent Expert commended AMISOM for its sacrifices and achievements
and paid tribute and gave his condolences to the troop-contributing countries whose
soldiers had died following the detonation of improvised explosive devices by Al-Shabaab,
or during active combat. He urged AMISOM to ensure that its forces complied with their
international humanitarian law and human rights obligations during operations and to
protect the civilian population.
78. AMISOM stated that it had adopted standard operating procedures and guidelines,
including: the indirect fire policy; the 2012 rules of engagement; directive for commanders
about their responsibilities during operations; the policy on the treatment of disengaged
combatants; and procedures for the handling of persons detained by AMISOM. It also
stated that it had conducted human rights training for its troops prior to deployment. As part
of preparing the Somali security forces to take over security responsibility, it had trained
officers of the Somalia National Army, the National Intelligence and Security Services and
officials from ministries on the protection of children and women, who then used their
skills to train other Somalis. In that regard, AMISOM underscored that it had recorded
some considerable achievement.
79. AMISOM stated that it had recruited human rights officers to support the leadership
and to assist the Boards of Inquiries during their investigations into alleged violations by its
troops. AMISOM reported that the measures it had taken had substantially reduced cases of
sexual exploitation and abuse. 15 However, it identified challenges that hampered the
implementation of the recommendations of the Boards of Inquiries when culpability was
established. There was a lack of funding for ex gratia payments to victims of its operations,
which may lead to reputational damage for AMISOM. The Independent Expert urges the
international community and other bilateral partners to continue to provide financial
resources to AMISOM to enable it to compensate victims in cases of civilian casualties.
80. Another key challenge facing AMISOM is the discontinuation of United Nations
support for its pre-deployment training, which affects some troop-contributing countries
more than others. The Independent Expert urges the United Nations to renew support for
pre-deployment training for countries that are in dire need of such support.
81. Regarding the implementation of the Security Pact reached under the outcome of the
May 2017 London Conference on Somalia and Security Council resolutions, the
Independent Expert took note of the first withdrawal in 2017 of 1,000 AMISOM troops. He
also took note of the Federal Government transitional plan adopted on 22 March 2018,
following the 4 December 2017 security conference. The Government and the international
community had agreed on a transition plan that would enable Somalia to assume full
responsibility for its security, based on realistic conditions and timelines. The Independent
Expert took further note of Security Council resolution 2415 (2018) of 15 May 2018, in
which the Council recalled its decision to authorize the African Union to reduce AMISOM
uniformed personnel to 20,626 by 30 October 2018.
82. In March 2018, the Heads of State and Ministers from the troop-contributing
countries warned that an unrealistic drawdown would lead to a reversal of the gains made
by AMISOM. While taking note of the concerns of troop-contributing countries, the
Independent Expert urges the international community to ensure that the Somalia
transitional plan is supported and fully implemented. The Federal Government of Somalia
and its forces have the primary responsibility to guarantee the security of the States, its
institutions and its people, a responsibility which cannot be delegated. Without security, the
elections expected to be held in 2020 or 2021 could be jeopardized.
X. Inter-clan conflicts and the culture of arms
83. The Independent Expert strongly emphasizes the importance of strengthening the
institutions of law and order and justice in Somalia, so that the Somali people can abandon
the gun culture and inter- and intra-clan violence that is rampant and responsible for many
15 See A/HRC/36/62, para. 79.
civilian deaths. Due to the absence of strong justice institutions, clans tend to resolve their
disputes through violent means. The current efforts by UNDP to establish mobile courts is a
beginning, but the pace of building police stations, correctional facilities and courts across
the country remains slow. The Mogadishu Court Complex model should be replicated in
other places.16 Without such infrastructure, the majority of Somali people will continue to
resolve their disputes through the traditional mechanisms, or worse still through violence,
or will be forced to submit to Al-Shabaab’s draconian justice in the area it controls, if the
group is not defeated. Hence the need to finance the justice sector reforms and institution-
building in tandem with the security sector reforms.
XI. Conclusions
84. The Independent Expert expresses his appreciation to the Federal Government
of Somalia and the authorities in Puntland for their cooperation during his fifth
mission. He commends the Federal Government and the people of Somalia for the
progress they have made since his fourth visit to Somalia, in May 2017.
Notwithstanding the continuing threat from Al-Shabaab, the improvement in
governance and the peacebuilding process is indicative that the human rights situation
in Somalia is on the right track for recovery. The Independent Expert once again
acknowledges the economic transformation that is evident in Somalia.
85. At the institutional level, the Independent Expert commends the constitutional
review process. The establishment of the National Human Rights Commission
demonstrates the confidence in the ongoing peace and reconciliation process and the
need for accountability. He commends the Federal Government for implementing a
long-standing Human Rights Council recommendation. Once it is fully operational,
the Commission will play a vital role in the promotion and protection on human rights
in Somalia.
86. The Joint Human Rights Programme and the adoption of the Durable
Solutions Initiative for internally displaced persons deserve the support of the
international community for their timely implementation.
87. The rehabilitation of young people who are recaptured from Al-Shabaab is
critical for the protection of children’s rights. Financial support to those civil society
organizations that care for children and conduct rehabilitation programmes must be
enhanced.
88. The Independent Expert commends the Federal Government for its
commitment to assuming its rightful and primary responsibility for its security, and
also commends AMISOM for its continued commitment to bringing peace and
reconciliation in Somalia, fighting side by side with Somalia national forces. He urges
the international community to continue its support for the transitional plan and to
provide resources to give full effect to the plan.
89. The conflicts between Somaliland and Puntland and between Puntland and
Galmudug are worrisome and threaten national cohesion, peace, reconciliation and
development. Unnecessary resources are lost in armed conflict between the same
people. A long-lasting solution must be found in order to bring a lasting peace to
Somalia.
90. The international community must continue its support to Somalia to enable it
to address the human rights, security and development challenges like any other
developing State. The Independent Expert calls for appropriate funding of the civilian
institutions of governance, such as the courts, ministries and regional States, in order
to enhance their capacity to fulfil their respective mandates and governance
obligations. He therefore calls on all bilateral and multilateral partners to continue
their support for Somalia.
16 See A/HRC/36/62, para. 41.
XII. Recommendations
91. In view of the foregoing, the Independent Expert makes the following
recommendations to the Federal Government:
(a) Ensure the implementation of outstanding recommendations of the
Human Rights Council and any other United Nations mechanisms, including ILO
recommendations;
(b) Finalize the operationalization of the National Human Rights
Commission and provide it with adequate resources;
(c) Ensure that local resources are deployed for the implementation of the
Joint Human Rights Programme, to demonstrate ownership and attract funding from
partners;
(d) Establish conditions to resolve long-standing disputes at the Federal and
State levels concerning territorial and boundary claims between different components
of Somalia;
(e) Take concrete measures to amend the Media Law or adopt a new Media
Law and take into consideration stakeholders’ input when amending or adopting the
new Law; and guarantee the rights of journalists and the freedom of the media;
(f) Desist from the harassment, intimidation or arbitrary arrest of
journalists, and ensure their protection against attack or assassination;
(g) Accelerate the finalization process for Parliament to adopt the sexual
offences bill and ensure its assent expeditiously;
(h) Mobilize local and external resources, including from the private sector,
for the sustainable implementation of the Durable Solutions Initiative for internally
displaced persons, the Somalia Drought Impact and Needs Assessment, and the
Resilience and Recovery Framework;
(i) Establish lasting solutions for victims of floods, including relocation to
higher grounds;
(j) Ensure the legal protection of victims of forced eviction, including legal
redress and remedies, and abide by the principles through which the Durable
Solutions Initiative operates, in particular the integrated approach principle;
(k) Review urgently laws regulating land ownership and property rights, in
order to safeguard the rights of internally displaced persons against forced evictions;
(l) Finalize and submit its report to the Committee of the Rights of the
Child;
(m) Enhance the protection of children against abduction by Al-Shabaab and
establish rehabilitation centres for children recaptured from Al-Shabaab, and
increase support to the centres operated by civil society organizations;
(n) Accede to the United Nations Convention on the Rights of Persons with
Disabilities and adopt legislation on the protection of persons with disabilities in
Somalia;
(o) Accede to the Convention on the Elimination of All Forms of
Discrimination Against Women;
(p) Accede to the Protocol to the International Covenant on Civil and
Political Rights, which prohibits the involvement of children in armed conflict;
(q) Ratify the Kampala Convention;
(r) Accede to the Rome Statute of the International Criminal Court and
other core human rights instruments to which it has yet to accede.
92. The Independent Expert also makes the following recommendations to the
international community and other bilateral partners:
(a) Consider budgetary implications when making recommendations, to
ensure they are fully funded, thus lightening the burden on States, particularly those
emerging from conflict or civil strife;
(b) Support the Federal Government and Federal Member State
governments in the implementation of the Joint Human Rights Programme, the
Drought Impact and Needs Assessment, the Resilience and Recovery Framework and
the Durable Solutions Initiative to enhance the protection and resilience of victims of
displacement caused by conflict, drought and floods;
(c) Continue its financial support for the Federal Government and
AMISOM in their fight against Al-Shabaab;
(d) Coordinate with the Federal Government and AMISOM regarding the
implementation of the financing of the transition plan in the security sector and the
training of Somali National Security Forces and the police, in order to ensure that
they discharge their law and order, security and defence obligations effectively;
(e) Ensure that the justice sector reform programme is adequately,
commensurately and appropriately funded in order to enhance the capacity of human
rights and justice institutions, so that they can underpin democratization after the
transition period;
(f) Provide financial resources to AMISOM to enable it to compensate
civilian casualties and to provide support for pre-deployment training;
(g) Resume funding to troop-contributing countries that are not able to
finance their own pre-deployment training;
(h) Ensure that any withdrawal by AMISOM from Somalia meets the
realistic conditions and timelines after proper strategic analysis of the threat that may
be posed by a hasty withdrawal.
93. The Independent Expert further makes the following recommendations to
AMISOM:
(a) Continue to work on its gradual withdrawal from Somalia on the basis of
Security Council resolutions and the conditions set forth in the transition plan, in
particular the readiness of Somalia National Security Forces to take over security
responsibilities;
(b) Continue to implement the civilian casualty tracking system in order to
minimize the accidental deaths of civilians and to ensure accountability for civilian
deaths;
(c) Ensure that human rights training for its troops is continuous in order to
ensure compliance with the human rights due diligence policy on United Nations
support to non-United Nations security forces, and share the results of its Board of
Inquiries investigations with the Federal Government of Somalia and the United
Nations partners during their regular consultations, which should also exercise
confidence in the AMISOM Boards of Inquiries.
94. The Independent Expert makes the following recommendations to civil society:
(a) Continue its advocacy work for the provision of adequate resources from
the international community, Governments and the private sector, to enable it to
discharge its promotional mandates;
(b) Continue advocacy for the rights of marginalized groups, including
internally displaced persons, members of minority clans, women, children, elderly
persons and persons with disabilities;
(c) Ensure advocacy and public sensitization about the role of the National
Human Rights Commission to ensure that it is properly funded by the Government
and that it exercises its independence and impartiality.