Displaying 46651 - 46675 of 58160 recommendations found
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State Under Review:Solomon IslandsSolomon IslandsRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- Violence against women / gender-based violence
- Training for state personnel on sexual rights issues
- Sexual violence
- Domestic violence
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Strengthen efforts in the fight against gender-based violence, in particular by strengthening education, training and awareness of domestic and sexual violence.
ExplanationSolomon Islands welcomes all recommendations addressing gender based violence, in particular its implementation. Solomon Islands remains committed to implementing the provisions under the Family Protection Act as well as the recommendations from the review of the Act. Solomon Islands further remains committed to providing access to justice for survivors of gender based violence and a safe avenue for them to access assistance and recovery.
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State Under Review:Solomon IslandsSolomon IslandsRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Gender equality
- Violence against women / gender-based violence
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Adopt legislation to address all forms of violence against women and modify existing laws that discriminate against women and girls.ImplementationNational Report:
Para 14)The Family Protection Act (FPA) 2014 criminalises Domestic Violence (DV) in all its forms and protects victims. It empowers the courts, police and health care professionals to assist victims' access services such as medical attention and justice.
Para18) The Penal Code (Sexual Offence) (Amendment) Bill 2015 is in its consultation stage. This bill aims to introduce new categories of sexual offences. These include persistent sexual abuse of a child under 18; sexual abuse of child over the age of 15 but under 18 by a person in a position of trust, authority or dependency in relation to the child; child commercial sexual exploitation and participation, use, distribution and storing of child sexual exploitation materials (visual, audio, print and data).
Para 56) In 2013, the LRC made recommendations for the re-definition of rape so that it applies to all people, even where there is a marital relationship between victim and accused. Case-law in 2012 for the first time held that a husband can be found guilty of raping his wife. The High Court applying CEDAW principles under Articles 15 and 16 stated that a husband and wife are equal partners in marriage and held that a husband can be criminally liable for raping his wife.
Para 105) The Special Rapporteur on Violence against Women, Dr. Rashida Manjoo held consultations with Government and CSO stakeholders in March 2012. The report on Violence Against Women also highlighted the need for legislative review and the enactment of laws that address the issue of violence faced by women in Solomon Islands society. The implementation of the Family Protection Act 2014 speaks to this recommendation and is a testament that government is addressing this as a priority area despite it was taking time to progress this.
UN Compilation:
Para 24) The CEDAW welcomed the adoption of the Family Protection Act of 2014, which criminalized domestic violence. The country team reported that sentences for violence under the Family Protection Act were lower than those under the Penal Code and that the implementation of protection orders had been problematic ...
Stakeholder Summary:
Para 14) JS1-DSE welcomed the adoption of the Family Protection Act 2014 and the proposed reforms to the Penal Code that would make it easier for the police and those in danger to take effective legal action ...
Para 17) FSC reported that, under the new procedures in the Family Protection Act 2014, police had wider powers to respond to domestic violence However, those changes in the legislation needed to be accompanied by a change in behaviour and attitude by the police. Particular mention was made of the need to change some persistent traditional attitudes to protection orders, to make a difference for women ...
"National Report:
Para 12) The Police Act 2013 clearly articulates principles upholding ... gender equality ...
Para 16) The Political Parties Integrity Act (PPIA) 2014 was enacted to improve the registration, administration, operation and promotion of integrity within political parties. Section 35 of the PPIA encourages broad participation of any person from the national or provincial level to establish parties without discrimination. Section 48 of the PPIA provides for a ten percent of candidacy for women in a political party who can contest in the elections. This is a positive step in recognising the need to increase women's participation in politics.
Para 23) The Government is currently reviewing the progress in the implementation of the Gender Equality and Women's Development (GEWD) 2010-2012 policy with the support of the SPC. The review process is to enable having a monitoring and evaluation (M&E) mechanism for implementation of policies to measure achievements and keep track of challenges.
Para 24) The Solomon Islands National Strategy for the Economic Empowerment of Women and Girls was endorsed by Cabinet in August 2015. The strategy aims to increase gender equality and employment opportunities through economic empowerment.
Para 25) The Solomon Islands National Council of Women (SINCW) National and Provincial Elections Campaign Strategy Plan of Action 2014-2015 was launched to strengthen and build competence and confidence of women candidates. It provides information and communication resources for public campaigning and undertake civic education programs in identified Constituencies.
Para 69) Towards the National General Elections (NGE) in 2014, the SINCW conducted national consultations on Temporary Special Measures (TSM) for women's participation in decision making bodies.
UN Compilation:
Para 4) The CEDAW noted with concern that a new draft federal constitution maintained article 15, paragraph 5, subparagraphs (c)-(e), of the current Constitution, providing for exceptions for discrimination that was based on customary law in areas such as adoption, marriage, divorce, burial, devolution of property upon death, and tenure, resumption and acquisition of land ...
Para 16) The country team reported that while both the National Policy on Gender Equality and Women's Development and the National Policy on Ending Violence against Women were mainstreamed through the establishment of gender focal points in key line ministries, there remained ambiguity around responsibilities, issues relating to limited resources and a lack of clear monitoring objectives for the implementation of those policies ...
Para 17) The CEDAW welcomed the intention of Solomon Islands to revise the National Policy on Gender Equality and Women's Development with a view to incorporating the Committee's concluding observations. The country team reported that, at the request of the Government, the United Nations Entity for Gender Equality and the Empowerment of Women would continue to support and provide technical assistance for the formulation of a strategy to implement the recommendations contained in the Committee's concluding observations.
Stakeholder Summary:
Para 40) Referring to gaps in mainstreaming disability in Government policies, PWDSI stated that the 2010 Gender Equality and Women Development Policy failed to mention let alone address any issues facing women with disabilities." -
State Under Review:Solomon IslandsSolomon IslandsRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Consider, in a progressive manner, the ratification of some international human rights instruments, particularly the ICCPR. -
State Under Review:Solomon IslandsSolomon IslandsRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthSource Of Reference:Trinidad & TobagoTrinidad & TobagoRegional groupGRULACPolitical groupOASACSCommonwealthIssue:
- Sexual exploitation / slavery
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Formulate and implement a national action plan against the sexual exploitation of children.ImplementationNational Report:
Para18) The Penal Code (Sexual Offence) (Amendment) Bill 2015 is in its consultation stage. This bill aims to introduce new categories of sexual offences. These include persistent sexual abuse of a child under 18; sexual abuse of child over the age of 15 but under 18 by a person in a position of trust, authority or dependency in relation to the child; child commercial sexual exploitation and participation, use, distribution and storing of child sexual exploitation materials (visual, audio, print and data). -
State Under Review:Solomon IslandsSolomon IslandsRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Gender equality
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Implement promptly the National Gender Equality and Women's Development Policy.ImplementationNational Report
Para 23) The Government is currently reviewing the progress in the implementation of the Gender Equality and Women's Development (GEWD) 2010-2012 policy with the support of the SPC. The review process is to enable having a monitoring and evaluation (M&E) mechanism for implementation of policies to measure achievements and keep track of challenges.
UN Compilation:
Para 16) The country team reported that while both the National Policy on Gender Equality and Women's Development and the National Policy on Ending Violence against Women were mainstreamed through the establishment of gender focal points in key line ministries, there remained ambiguity around responsibilities, issues relating to limited resources and a lack of clear monitoring objectives for the implementation of those policies ...
Para 17) The CEDAW welcomed the intention of Solomon Islands to revise the National Policy on Gender Equality and Women's Development with a view to incorporating the Committee's concluding observations. The country team reported that, at the request of the Government, the United Nations Entity for Gender Equality and the Empowerment of Women would continue to support and provide technical assistance for the formulation of a strategy to implement the recommendations contained in the Committee's concluding observations.
"""National Report:
Para 12) The Police Act 2013 clearly articulates principles upholding … gender equality …
Para 16) The Political Parties Integrity Act (PPIA) 2014 was enacted to improve the registration, administration, operation and promotion of integrity within political parties. Section 35 of the PPIA encourages broad participation of any person from the national or provincial level to establish parties without discrimination. Section 48 of the PPIA provides for a ten percent of candidacy for women in a political party who can contest in the elections. This is a positive step in recognising the need to increase women’s participation in politics.
Para 23) The Government is currently reviewing the progress in the implementation of the Gender Equality and Women’s Development (GEWD) 2010-2012 policy with the support of the SPC. The review process is to enable having a monitoring and evaluation (M&E) mechanism for implementation of policies to measure achievements and keep track of challenges.
Para 24) The Solomon Islands National Strategy for the Economic Empowerment of Women and Girls was endorsed by Cabinet in August 2015. The strategy aims to increase gender equality and employment opportunities through economic empowerment.
Para 25) The Solomon Islands National Council of Women (SINCW) National and Provincial Elections Campaign Strategy Plan of Action 2014-2015 was launched to strengthen and build competence and confidence of women candidates. It provides information and communication resources for public campaigning and undertake civic education programs in identified Constituencies.
Para 69) Towards the National General Elections (NGE) in 2014, the SINCW conducted national consultations on Temporary Special Measures (TSM) for women’s participation in decision making bodies.
Para 70) The Solomon Islands National Parliament launched the Young Women’s Parliamentary Group (YWPG) in 2011 with the support of UNDP. The YWPG promotes the participation of young women in leadership. It continues to raise awareness and encourage debate on TSM for elected reserved seats for women in Parliament and undertook a baseline survey on voter behaviour towards female candidates before and after the 2014 elections. The survey identified vote buying during campaigns and gendered cultural perspectives on leadership as some of the barriers to supporting female candidates.
Para 71) The Ministry of Public Service (MPS) has undertaken public service reform in two stages. MPS launched a human resource management strategy aimed at increasing gender mainstreaming and increase female participation in all government machinery. Measures to ensure these two reforms in place were realised resulted in newly introduced key result indicator into all Permanent Secretaries contracts to ensure gender sensitizing in the Public Service and secondly ensuring there is a gender sensitive recruitment and selection process in place.
Para 72) The number of females holding mid-level positions in the Public Service has gradually increased. However, fluctuations are noted at senior level positions of permanent secretaries and under-secretary. Two out of twenty-three permanent secretaries are women, and five out of thirty-nine under-secretaries are women. Opportunities to elevate qualified and experienced women into senior management positions are open.
Para 73) In the RSIPF for the first time, the Deputy Commissioner of Police is a female. A gender audit was undertaken by CSSI with a view to address gender equity in recruitment processes and increase women in senior positions. Recommendations from the gender audit will provide guidance on how to improve women’s meaningful participation at leadership level across the government sectors.
Para 74) At the political level one female MP was elected in the 2012 by-elections. In 2014 four female representatives were elected at provincial level and one MP was voted into office.
Para 85) The Government continues to implement a fee- free basic education policy covering year 1 to Year 9 to promote access to education, although parents still pay other related costs. According to the MEHRD Performance Assessment Framework, there were more boys (51%) enrolled at ECE level than girls (49%) in 2013. The total enrolment at primary level in 2013 increased by 21.2%, and more female (52%) students were enrolled at secondary level than males (48%). This trend shows that gender balance is slowly being realised in enrolment.
UN Compilation:
Para 4) The CEDAW noted with concern that a new draft federal constitution maintained article 15, paragraph 5, subparagraphs (c)-(e), of the current Constitution, providing for exceptions for discrimination that was based on customary law in areas such as adoption, marriage, divorce, burial, devolution of property upon death, and tenure, resumption and acquisition of land …
Para 12) The country team reported on the Solomon Islands National Advisory Committee on CEDAW, which the Government had established to perform an oversight and advisory role in the implementation of CEDAW and which had faced significant organizational and resource challenges …
Para 16) The country team reported that while both the National Policy on Gender Equality and Women’s Development and the National Policy on Ending Violence against Women were mainstreamed through the establishment of gender focal points in key line ministries, there remained ambiguity around responsibilities, issues relating to limited resources and a lack of clear monitoring objectives for the implementation of those policies …
Para 17) The CEDAW welcomed the intention of Solomon Islands to revise the National Policy on Gender Equality and Women’s Development with a view to incorporating the Committee’s concluding observations. The country team reported that, at the request of the Government, the United Nations Entity for Gender Equality and the Empowerment of Women would continue to support and provide technical assistance for the formulation of a strategy to implement the recommendations contained in the Committee’s concluding observations.
Para 34) …On women’s access to justice, the country team reported that the ministries responsible for justice and legal affairs and for women, young people, children and family affairs had agreed to establish a coordination team to establish the priority activities under the Family Protection Act and develop an implementation plan …
Para 42) The country team reported that only one woman had been elected to Parliament in the 2014 general election. However, 26 women candidates had run in the election, the highest number ever …
Stakeholder Summary:
Para 40) Referring to gaps in mainstreaming disability in Government policies, PWDSI stated that the 2010 Gender Equality and Women Development Policy failed to mention let alone address any issues facing women with disabilities. -
State Under Review:Solomon IslandsSolomon IslandsRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthSource Of Reference:National ReportIssue:
- Gender equality
- Violence against women / gender-based violence
Type:Review DocumentationSession:11th session, May 2011Status:N/AContents:" In 2009, the Solomon Islands Family Health and Safety Study; a study on violence
against women and children report was completed in partnership with SPC, UNFPA,
UNICEF, AusAID, Solomon Islands National Statistics office and MWYCA as the national
coordinator. The study shows a high prevalence of violence against women that the
MWYCA came up with the National Policy on Gender equality and Women’s Development
(2010) with its six policy priority outcomes: i) Improved and equitable health and education
for girls, boys, women and men; ii) Improved economic status of women; ii) Equal
participation of women and men in the decision making and leadership; iv) Elimination of
violence against women; v) Increased capacity for gender mainstreaming; vi) Effective
monitoring and evaluation of policy outcomes. The MWYCA subsequently expounded on
policy outcome iv) to come up with the National Policy on Eliminating Violence against
Women (2010) as a subsidiary policy to the National Policy on Gender equality and
Women’s Development 2010-2015.. It will be implemented through a national eliminating
violence against women (EVAW) task force that reports to the national committee on
Gender Equality and Women’s Development, and comprising of representatives from
representatives of violence against women (VAW) support agencies – police, health and
medical services, education, VAW refugees and treatment agencies, and so on. The task
force will be guided by a three-year multi-sectoral national action plan which will be
reviewed after the first two years. [Para 70]" -
State Under Review:Solomon IslandsSolomon IslandsRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:11th session, May 2011Status:Reference AddressedContents:"AI recommended modifying or repealing existing laws and regulations that discriminated against women and girls. [Para 14]" -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UN CompilationIssue:
- Training for state personnel on sexual rights issues
- Sexual violence
Type:Review DocumentationSession:38th Session, May 2021Status:Reference AddressedContents:The Independent Expert … urged the Somali authorities to train the police, especially in the area of addressing sexual violence. [Para 35]
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Stakeholder SummaryIssue:
- Sexual abuse
- Violence against women / gender-based violence
- Sexual violence
Type:Review DocumentationSession:38th Session, May 2021Status:Reference AddressedContents:AI recommended Somalia to enact laws and regulations that prohibit all forms of violence against women and girls, and to immediately scrap the proposed “Sexual Intercourse Related Crimes Bill” and ensure that any law that is reintroduced is in conformity with international law and regional standards relating to rape and other forms of sexual violence. [Para 61]
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UN CompilationIssue:
- Sexual exploitation / slavery
Type:Review DocumentationSession:11th session, May 2011Status:NeglectedContents:The independent expert reported that human trafficking, especially for the purposes of sexual exploitation and domestic servitude, both inside and outside the country, remained of serious concern. [Para 33; Independent expert on the situation of human rights in Somalia] -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:ThailandThailandRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Marginalized groups of women
- Women's and / or girls' rights
Type:RecommendationSession:11th session, May 2011Status:RejectedContents:Implement the recently adopted rules on the treatment of women prisoners and non-custodial measures for women offenders, otherwise known as the Bangkok Rules...ExplanationSomalia is in the process of strengthening its understanding of the recently adopted rules on the treatment of women prisoners and non-custodial measures for women offenders, otherwise known as the Bangkok Rules. Somalia is not therefore in a position to accept the Bangkok Rules. However, because of the attention that the Government pays to the situation of women, it commits itself to trigger a thorough debate on the recommendation and the follow up that it deserves.
Somalia is working with UNODC in the area of correction and would welcome bilateral and multilateral cooperation in this regard.
ImplementationNational Report:
Para 61) ... The Ministry is planning to provide training prison staff on how to treat women prisoners ...
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: In the process of establishing rules on the treatment of women prisoners and non-custodial measures for women offenders in line with the 'Bangkok Rules'. -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:EgyptEgyptRegional groupAfrica GroupPolitical groupAUOICALOIFIssue:
- International human rights instruments
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Ratify the CEDAW.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:LatviaLatviaRegional groupEEGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Consider ratifying the CEDAW.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:JapanJapanRegional groupAsia-Pacific GroupIssue:
- International human rights instruments
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Carry out necessary steps for ratification of … the CEDAW.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:ThailandThailandRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Redouble the efforts in promoting the rights of women and girls, including ensuring their access to education and enhancing their representation and participation in public life.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:CroatiaCroatiaRegional groupEEGPolitical groupEUIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Develop and enforce strong accountability mechanisms for national and regional forces, including adequate punishment for gender-based violence.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:MauritiusMauritiusRegional groupAfrica GroupPolitical groupAUOIFCommonwealthIssue:
- Sexual violence
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Enact a sexual offences bill, especially in cases of rape involving minors.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:ArgentinaArgentinaRegional groupGRULACPolitical groupOASOEIIssue:
- Violence against women / gender-based violence
- Sexual violence
- Women's and / or girls' rights
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Promote legislation prohibiting all forms of violence and discrimination against women and girls, with particular attention to prevention, protection, care, treatment, support and reparation mechanisms for survivors of sexual violence.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- International human rights instruments
- Gender equality
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Ratify CEDAW and its OP.ImplementationNational Report:
Para 39. The FGS is preparing to sign and ratify a number of international treaties such as: CEDAW ...
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:
- Technical committee to prepare CEDAW ratification set up.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:MontenegroMontenegroRegional groupEEGIssue:
- International human rights instruments
- Gender equality
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Ratify the CEDAW.ImplementationNational 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 …
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:CyprusCyprusRegional groupAsia-Pacific GroupPolitical groupEUOIFCommonwealthIssue:
- Gender equality
- Violence against women / gender-based violence
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Take all appropriate action in order to combat all forms of discrimination and violence against women and girls.ImplementationNational Report:
Para 22) … the current Somalia Penal Code stipulates that cases governed by more than one criminal legislation, that the special legislation supersedes the general one, and that the Penal Code shall nevertheless apply to cases governed by other special legislation, unless the latter specifies otherwise. Therefore, the draft laws developed by the MoWHRD, such as Sexual Offences Bill, .. …, will provide significant (additional) legal protection as special legislation taking precedence over the articles of the Somali Penal Code.
Para 23) In 2017, the Somali Office of the Attorney General (AG) established a Sexual and Gender-Based Violence unit, with trained special prosecutors, half of which are women. The AG’s office is working to expand the SGBV unit and build better case monitoring systems. Also, the AG’s office is combatting traditional settlements of criminal cases between police, perpetrators and victim’s family (often represented by elder). Considering the existing gaps between traditional justice mechanisms and the formal justice system, efforts have been made to raise awareness among traditional elders on women’s rights at the FGS and FMS level.
Para 24) To supplement the provisions of the new Penal Code, especially on sexual crimes, the MoWHRD has, following wide consultations with stakeholders, developed a Sexual Offenses Bill (SOB), which is intended to address sexual crimes, improve SGBV victims’ access to justice and ensure perpetrators do not enjoy impunity. Once the drafting of the new Penal Code is concluded, the MoWHRD will conduct the human rights review of the code. The draft of the new Penal Code is expected to be ready by 2022.
Para 34) Furthermore, the FGS has developed legislations to reinforce human rights protection. These include the draft legislation on Anti-Female Genital Mutilation Bill (FGM), Sexual Offences Bill, Child Rights Bill, Juvenile Justice Bill, Education Law, and the National Disability Rights Law, which will domesticate Somalia’s obligations under the international instruments it has ratified. In this context, the implementation of policies and legislations are delayed by the challenges that are inherent to Somalia being a country emerging from conflict with cross-cutting reform priorities that build on the promotion of an inclusive environment.
Para 42) The MoWHRD convened a consultative forum to review Somalia’s National Action Plan on Ending Sexual Violence. In 2017 the first meeting of the National Gender Based Violence Cluster Group for Somalia chaired by the FGS was held in Mogadishu. In addition, access to justice has increased through the use of legal aid providers and mobile courts which have benefitted SGBV survivors and to address impunity. The MoWHRD and MoJ advocated for the complete transfer of SGBV cases from the customary justice system to the formal justice system and commenced a capacity building programme for specialized sexual violence prosecutors throughout Somalia. Efforts to strengthen the provision of services to survivors of conflict related sexual violence included the establishment of the first forensic laboratory for analysis and evidence gathering in SGBV cases.
Para 43) The signing of a Joint Communique by the FGS and the UN on the commitment to end sexual violence in conflict demonstrates Somalia’s political will to the United Nation’s Security Council Resolution 1325. In this context, the MoWHRD has initiated the development of an implementation plan for the National Action Plan on Ending Sexual Violence in Conflict. This is an overarching plan aimed to introduce measures to mitigate sexual violence in the conflict context of Somalia, with a special focus on vulnerable groups for sexual violence, such as internally displaced persons. The JPHR is one of the programmes that is taking forward the implementation of the National Action Plan to End Sexual Violence in Conflict. Also, the MoWHRD, together with FMS and CSO stakeholders, have conducted a joint review of the National Action Plan in 2017.
Para 45) The outcome of the convention was the first-ever Somali Women’s Charter, which codifies the demands of the Somali women in areas such as the constitution, addressing sexual violence, access to justice, female genital mutilation and women’s political and governance participation at all levels of government. The Charter is ground-breaking is in its reach, scope, inclusivity and ambition. It called for sustained advocacy and engagement on the obstacles facing women noting that the issues raised by women in the forum needed to be anchored in laws including the constitution that is currently under review. Somalia first unveiled the Charter during the 63rd Session of the Commission on the Status of Women held in New York in March 2019, highlighting the commitment of the Government to the implementation of the Charter. The Charter’s outcome continues to influence the campaign for the participation of women in public affairs including the current electoral process.
Para 53) The MoWHRD, in partnership with Somali universities and UNICEF, has established a Social Work degree programme in 2020 to mitigate the impact of COVID-19 on children and their families in Somalia. The aim of this programme is to bolster government and CSO partners' capacity, through seconding advanced social work students, in their response to Child Protection and Gender-Based Violence related issues.
UN Compilation:
Para 13) The Secretary-General stated that the sexual offences bill, which would ensure that rape was no longer classified as a “crime against morality”, had not yet been approved. Following consultations on the bill by Islamic religious scholars, provisions intended to criminalize child marriage had been removed.
Para 14) The Secretary-General commended the Government on its commitment to implement a new national action plan on ending sexual violence in conflict with the support of the Special Representative of the Secretary-General on Sexual Violence in Conflict and the United Nations system.
Para 47) The Independent Expert noted that Somalia continued to have the lowest school enrolment rates in the world and a particularly weak education system. Inadequate investment and discrimination limited access to education for women, girls, internally displaced persons, refugees and persons with disabilities. Despite programmes to improve school management systems, the capacity of teachers and school feeding programmes to increase enrolment and retention of girls in schools, there continued to be a disparity in school attendance between boys and girls, due to the ongoing conflict situation, the lack of safety for girls, and harmful practices, such as female genital mutilation and early and/or forced marriage. Girls with disabilities, girls in farming and nomadic communities in rural and remote areas, pregnant girls and girls in camps for internally displaced persons and refugees faced compounded forms of discrimination.
Para 51) The Independent Expert noted that women continued to be subjected to sexual and gender-based violence, including conflict-related violence, female genital mutilation and early and forced marriage. Sexual and physical violence against women and girls was widespread, committed with near-total impunity.
Para 52) The Independent Expert reported that 76 per cent of documented acts of rape occurred inside camps for internally displaced persons and 14 per cent in host communities. About 76 per cent of the female population justified domestic violence.
Para 53) The Independent Expert noted that the United Nations had recorded hundreds of sexual violence incidents against women and girls, attributed to unidentified armed men, clan militiamen, Al-Shabaab elements and members of the Somali police and armed forces. In most instances, families and victims preferred to complain to the traditional courts, where damages could be awarded to the male family member of the victim or the perpetrator could be requested to marry the victim in accordance with xeer.
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. The National Action Plan on Ending Sexual Violence and Conflict provided a framework for tackling the issue of conflict-related sexual violence in Somalia. Puntland had promulgated the Puntland Sexual Offences Act of 2016 and the parliament of Somaliland had passed a sexual offences act in August 2018.
Para 56) The Independent Expert noted that harmful practices had continued unabated. Female genital mutilation, which 99 per cent of Somali girls and women aged 15–49 had undergone, continued to pose a risk to the health and well-being of those girls and women and constituted a violation of the rights of the child. The Independent Expert noted that the strategies implemented by the Somali authorities to overcome resistance by religious and traditional leaders who opposed the current age of marriage for girls appeared to be ineffective.
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.
Para 60) The same office stated that the responsibility for sexual violence, including rape, against 227 girls had been attributed to government security forces, including the Somali National Army (25) and the Somali Police Force (14), and to regional forces, mostly the Jubaland forces (16). Sexual violence against children was also attributed to Al-Shabaab (26) and clan militias (17).
Stakeholder Summary:
Para 16) JS6 observed that Somalia did not have a comprehensive legal framework that addressed the rights of women and children. The National Development Plan (2017-2019) proposed the development of a National Children's Policy and Act drawing on Somalia's international obligations. In accordance with this plan, in 2017-2019, the government launched a number of policies such as the ratification of the African Charter, the FGM Bill, the Disability Act, the Somali Sexual Offences Bill, the Child Rights Bill and the Juvenile Justice Bill. However, JS6 noted that, to date, many of these policies are drafts and not enacted or implemented by the State.
Para 17) JS4 noted that since nationality in Somalia was transferred through the patriarchal line, women’s equal citizenship and equality in the family was undermined, as well as that of their children.
Para 31) ASProject noted that, in Somalia, conflict-related sexual violence continued to be perpetrated between 2016-2020, during both inter-clan conflicts and military offensives. Whilst women and girls, particularly those who are internally displaced, remain disproportionately affected by sexual violence, cases against men and boys were also reported during this period. All parties to the conflict were responsible for conflict-related sexual violence, including the Somali National Army and Police Force, Al-Shabaab, Jubaland forces, and clan militias, amongst others. In areas under Al-Shabaab control, sexual violence is reportedly used as a strategy of social dominance and punishment.
Para 58) JS8 observed that, in addition to traditional barriers and hardships, Somali women have to contend with being victims of sexual and gender-based violence. Exacerbated by conflict, civil war and the rise of terrorist groups, Somalia became a very difficult place to be a woman and to survive.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:MaldivesMaldivesRegional groupAsia-Pacific GroupPolitical groupOICCommonwealthIssue:
- Maternal health / morbidity / mortality
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Take concrete measures to reduce child and maternal mortality rates.ImplementationUN Compilation:
Para 44) The Independent Expert took note of the efforts made by the authorities and development partners to develop the health strategy 2018–2020, the mental health strategy 2019–2023, the first Somali road map for universal health care, and national guidelines on the integrated management of neonatal and childhood illnesses and midwifery. Nonetheless, some children and mothers were disproportionately exposed to avoidable and treatable diseases. High costs, distance to health facilities and the need to seek consent had represented obstacles to access to health care. Somalia continued to record the highest maternal mortality rate in the region, due to low levels of family planning, female genital mutilation, limited care provided by and involvement of skilled birth attendants and inadequate access to emergency obstetric care.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:Review DocumentationSession:11th session, May 2011Status:Reference AddressedContents:"UNDP noted that survivors of sexual and gender-based violence had faced considerable difficulties in accessing after-care services such as medical assistance, psychosocial support and legal assistance. [Para 29]" -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:PortugalPortugalRegional groupWEOGPolitical groupEUOEIIssue:
- International human rights instruments
Type:RecommendationSession:24th session, January 2016Status:Unclear ResponseContents:Ratify the OP-CRPD.ExplanationNoted. Somalia aims to prioritise which international instruments to become party to and which instruments not to become party to due to capacity constraints and/or incompatibility with current policies. -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Violence against women / gender-based violence
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:RecommendationSession:24th session, January 2016Status:Unclear ResponseContents: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.ExplanationNoted. Attacks against all persons in Somalia are addressed through the criminal justice process. Impunity cases in Somalia are incidental and not "wide spread"ImplementationUN Compilation:
Para 51) The Independent Expert noted that women continued to be subjected to sexual and gender-based violence, including conflict-related violence, female genital mutilation and early and forced marriage. Sexual and physical violence against women and girls was widespread, committed with near-total impunity.
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.