UPR Sexual Rights Database

National Report:
Para 38) A major milestone is that Somalia has ratified the CRC and that MWHR is working on implementing this treaty.

Para 39. The FGS is preparing to sign and ratify a number of international treaties such as: CEDAW ...

Para 40) ... The government is preparing to sign the two optional protocols to the CRC in the near future, one relating to the involvement of children in armed conflict and the other on the sale of Children, Child Prostitution and Child Pornography.

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.

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 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.

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.

"National Report:
Para 12) To ensure that this vital process is inclusive, the Federal Government of Somalia (FGS) is engaging all relevant stakeholders, such as local authorities, traditional and religious leaders, CSO, women and youth ...

Para 13) The Ministry of Women and Human Rights (MWHR) advocates for the inclusion of vulnerable groups in this crucial process. This Ministry is focused on making sure that groups such as women, youth and minorities receive equitable representation in the new regional States' institutions. The FGS works with AMISOM to ensure that newly established States have access to humanitarian assistance.

Para 20) ... In addition, efforts are being put into including vulnerable groups, such as women, minorities and youth in the decision-making process by giving them adequate representation in the different committees debating these issues ...

Para 22) ... The government is continuing its efforts to better mainstream gender issues in the Somali justice sector. The government firmly believes that sensitising the Somali justice system civil servants to gender issues will aid in the combat against impunity ...

Para 26) The government has supported 26 legal internships since the last UPR report, including female interns. Providing them with exposure in the public sector, including key ministries, courts and the police, where they gather on-the-job work experience. These graduates are now working with the police, the Attorney General's office, the judiciary, legal aid centres, NGOs and the Parliament.

Para 32) The Somali police has participated in a series of training on basic human rights protection. The MWHR, in line with the Human Rights Roadmap, in cooperation with the Ministry of Justice (MoJ) and the international partners to provide training to criminal prosecutors and police investigators in human rights in the administration of justice in the coming three years. Special attention will be given to creating awareness on the human rights of women ... Different media instruments will be effectively used for this purpose. The Ministry will also include human rights legal education in projects working on women and children's issues. The Ministry has taken steps to initiate this processes.

Para 62) The FGS is committed to work with and utilise the significant experience of the civil society organisations (CSO), which has been built during the civil war period. Somali CSO have been widely consulted by the government on a wide range of topics for which the government has been formulating policies. Several ministries and senior Government officials have held regular discussions with civil society actors including ... women associations.

Para 71) Also the Somali MoE have participated in the multi‐year donor funded Peace Building, Education and Advocacy Programme (2011-2013), which began with an initial focus on activities in central and southern regions of Somalia. The aim was to get 100,000 additional children (45 percent girls) into basic education along with the required construction of learning spaces; provision of teaching learning materials; teacher recruitment and training. The FGS worked closely with UNICEF on this project, and approximately 200,000 children have been enrolled into schools due to this programme. The recent progress in terms of increased humanitarian access in the central and southern regions, suggests this type of programme predicts future gains.

Para 81) Gender inequalities in Somalia are manifested in terms of disparities in fundamental and basic rights, in access to and control of resources, in employment, in governance and in political participation. The SPC provides significant affirmative action measures to ensure gender equity and equality in Somalia. The FGS is committed to advocate for the inclusion of more measures, in the final draft of the constitution, that will improve the position of women in Somali society and government.

Para 82) The Constitution prohibits discrimination of any individual on any grounds as stated in Article 11 (3). Concerning labor rights of women, Article 24 (5) ensures that ""... particularly women, have a special right of protection from sexual abuse, segregation and discrimination in the work place. Every labour law and practice shall comply with gender equality in the work place."" Article 27 (5) guarantees that ""... women [...] who have long suffered discrimination get the necessary support to realise their socio-economic rights."" These provisions bode well for Somali women who, historically, have been disempowered by cultural and societal dynamics.

Para 83) The National Gender Policy is established, including policy priorities for women's economic empowerment, their participation in political and decision-making process. It is focused on the improvement of several women protection and advancement measures, such as the protection of women and girls from discriminatory attitudes, harmful traditional practices and violence; improvement of quality of life for women and girls through their active engagement and participation in governance and politics. Government institutions have revitalised their structure by setting up departments focused on gender affairs. The Government has established the MWHR to steer women affairs at the Cabinet level.

Para 84) The Ministry of Labor has strengthened the rights of women workers by drafting new policies it is enforcing. Among these policies is the right for women workers to go on paid maternity leave of 4 months. Two hours a day off to breastfeed after the maternity leave. These policies encourage more women to generate income for their families.

Para 85) Seats of the Federal Parliament to fill the women’s minimum quota of 30% have been agreed upon. However, it has proven challenging to implement this agreement as it has no legal grounds to support the enforcement of the aforementioned quota. After the country's general election in September 2012, only 14% women were elected as MPs. The percentage of female ministers in the first cabinet after the election was 20% (2 out of a total of 10 ministers). Nevertheless, the government is optimistic that women participation in politics and governance will increase significantly in the coming years. The MWHR is campaigning throughout the regions of Somalia to encourage local representatives to include women in the federal states formation process

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:
- Establishment of the Oversight Steering Committee on the implementation of National Action Plan for Gender Equality;

UN Compilation:
Para 17) In November 2014, a letter concerning discriminatory provisions against women in nationality legislation was sent by the Chairperson-Rapporteur of the Working Group on the issue of discrimination against women in law and in practice. According to the information received, the 1962 Somali Citizenship Law provided that only children of Somali fathers acquired Somali citizenship.

Stakeholder Summary:
Para 10) AI reported the establishment of the Ministry of Women’s Affairs and Human Rights by the Federal Government of Somalia (FGS) …
68. SLNHRC stated that the political participation of women was still minimal in “Somaliland”, with only one woman in the parliament and only four women among cabinet ministers."

National Report:
Para 38) A major milestone is that Somalia has ratified the CRC and that MWHR is working on implementing this treaty.

Para 40) ... The government is preparing to sign the two optional protocols to the CRC in the near future, one relating to the involvement of children in armed conflict and the other on the sale of Children, Child Prostitution and Child Pornography.