UPR Sexual Rights Database

National Report:
Para 44) On 4 – 6 March 2019, Somalia organized one of the largest women gatherings in the Somali Women’s Convention, which brought together over 350 women and girls, from Federal Member States, Civil Society Organizations and other stakeholders. The convention was a culmination of a rigorous and inclusive consultative process over several months led by the MoWHRD and the steering committee comprised of women with different backgrounds and from the different FMSs. The main aim of this convention was to deliberate and identify key obstacles faced by women in their participation in public affairs and how these obstacles could be overcome.
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.

UN Compilation:
Para 36) Between August 2016 and February 2018, UNSOM documented 36 cases of human rights violations and abuses directly related to the electoral process, including killings and injuries, arbitrary arrests, intimidation of candidates, the failure to investigate and prosecute and the right to an effective remedy. Women, persons of disabilities, smaller clans, minority communities and civil society groups had limited participation in consultations to determine the electoral model.

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 63) The MWHR has worked with several CSO on sexual violations cases and promoting human rights. The Ministry is also preparing a memoranda of understanding with CSO concerning human rights education and conducting research on relevant topics, such as human rights awareness raising in a federal context. The MWHR has supported a local CSO to establish a sexual violence crisis line, that victims of sexual abuse can anonymously call and get immediate advise and assistance.

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 ...
- Legislation drafting of an Action Plan on ending Sexual / Gender-based Violence;
- Three GBV centres and two safe houses operationalised in Benadir, providing GBV victims emergency treatment, psychosocial counselling and refer to legal aid;
- Rehabilitation of an Institute for Children and Vulnerable Women funded by the MWHR;
- 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.