UPR Sexual Rights Database

National Report:
Para 11) Somalia has intensified its engagement and cooperation with international human rights treaty bodies and mechanisms since the last UPR cycle. The MoWHRD has led consultations with diverse groups of stakeholders on the path to ratification of the Convention on the Elimination of Discrimination against Women (CEDAW). This consultation focused on familiarizing the stakeholders with this core human rights convention and Somalia’s respective rights and obligations therein. Moreover, in 2017 the Minister of Women and Human Rights Development held consultations with the CEDAW Chairperson in New York, in the margins of the UN General Assembly, to discuss Somalia’s potential ratification as well as broad-based advocacy efforts to ensure the public understands the need for Somalia to ratify this core human rights convention. Correspondingly, the MoWHRD has led a CEDAW benchmarking study tour in 2019 to Egypt for the purposes of understanding, from a comparative perspective, other countries’ experiences with the ratification processes to inform Somalia’s own ratification process.

UN Compilation:
Para 2) … Somalia has not ratified the CEDAW …

National Report:
Para 11) Somalia has intensified its engagement and cooperation with international human rights treaty bodies and mechanisms since the last UPR cycle. The MoWHRD has led consultations with diverse groups of stakeholders on the path to ratification of the Convention on the Elimination of Discrimination against Women (CEDAW). This consultation focused on familiarizing the stakeholders with this core human rights convention and Somalia’s respective rights and obligations therein. Moreover, in 2017 the Minister of Women and Human Rights Development held consultations with the CEDAW Chairperson in New York, in the margins of the UN General Assembly, to discuss Somalia’s potential ratification as well as broad-based advocacy efforts to ensure the public understands the need for Somalia to ratify this core human rights convention. Correspondingly, the MoWHRD has led a CEDAW benchmarking study tour in 2019 to Egypt for the purposes of understanding, from a comparative perspective, other countries’ experiences with the ratification processes to inform Somalia’s own ratification process.

UN Compilation:
Para 2) … Somalia has not ratified the CEDAW …

UN Compilation:
Para 54) UNSOM and OHCHR observed that the Somali legal system addressing sexual violence comprised sharia law, xeer and the formal justice system, although most cases were dealt with under xeer and sharia law. As currently practised, those systems often resulted in further victimization of women and girls, with no justice for survivors, and impunity for perpetrators
Para 57) UNHCR stated that reported incidents indicated that intimate partner violence and domestic violence, sexual abuse, child marriage, female genital mutilation and rape featured among the most common forms of sexual and gender-based violence. Women, girls, older persons, child- and female-headed households, people with disabilities, marginalized clans and internally displaced persons were the most affected. Given the lack of access to justice, the fear of retaliation, stigmatization and discrimination and the culture of impunity, most cases of sexual and gender-based violence went unreported.

National Report:
Para 77) Regarding FGM prevention, the evaluation of the TOSTAN Female Genital Mutilation/Cutting (FGM/C) intervention has been completed and lessons learned have been shared with all stakeholders. Also technical assistance was provided on reproductive health issues, while establishing reproductive health units with working groups and FGM task forces have been activated at regional level.

Para 86) The MWHR has been active and vocal to ensure affirmative action measures for women and girls (among other vulnerable groups). Many of these measures are adopted or are in the process of adoption by the government. The taken affirmative action measures include the following:
- National FGM task force operationalised, lead by the MoWHRD ...

National Report:
Para 16) Other legislation that must be enacted in 2016 include:
- Sexual Offences Bill;

Para 25) The courts in Somalia have delivered a number of significant judgments that have directly invoked both constitutional provisions and other national laws, to uphold different rights including economic and social rights. Among these are ... judgments relating to sexual violence against women and children have been passed on. The government has been vocal about the passing of these judgements to make citizens aware that impunity will not be tolerated.

Para 36) The MWHR has engaged in dialogue with AMISOM aimed at taking special measures for protection from sexual exploitation and abuse of Somali women and girls. The ministry has proposed to AMISOM to set up a task force consisting of AMISOM and government officials that will work together in cases of alleged human rights violations to come up with appropriate and timely responses to such incidents. AMISOM and the MWHR have agreed to cooperate and share knowledge regarding civilian casualty tracking to better enable accountability and prevent impunity.

Para 86) The MWHR has been active and vocal to ensure affirmative action measures for women and girls (among other vulnerable groups). Many of these measures are adopted or are in the process of adoption by the government. The taken affirmative action measures include the following:
- Legislation drafting of an Action Plan on ending Sexual / Gender-based Violence;
- Attorney General office established special unit on Sexual violence;

UN Compilation:
Para 34) The Secretary-General stated that sexual violence continued to be reported in 2015 at about the same rate as in 2014. He noted that a sexual offences bill, aimed at criminalizing rape and other sexual offences, was pending parliamentary consideration.

Para 35) The Secretary-General and UN-Somalia stated that the Federal Government of Somalia had developed a national action plan to end sexual violence in conflict in May 2014. UN-Somalia noted, however, that the implementation of the action plan had been challenged by a political crisis and a government reshuffle, the limited capacity of the Ministry of Women and Human Rights Development to deliver and to engage the regions, and the very limited resources allocated to support the implementation.

Stakeholder Summary:
Para 30) Concerning recommendation 98.80 and 98.111, HRW noted that, in 2014, the Government had pledged to tackle the alarming levels of sexual violence by endorsing an action plan, the implementation of which had been slow and the protection of the most vulnerable communities non-existent.