UPR Sexual Rights Database

National 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.

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 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 58) The Office of the Special Representative of the Secretary-General for Children and Armed Conflict stated that the situation of children affected by the armed conflict in Somalia had remained devastating since 2016, with the number of children affected by recruitment and use, abduction and rape and other forms of sexual violence exceeding numbers verified in other situations on the children and armed conflict agenda. Most of the grave violations against children had been committed by armed groups, with Al-Shabaab as the main perpetrator, but also by government security forces, including increasingly by the Somali Police Force and the regional forces of federal member states.
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 Somali Sexual Offences Bill, … However, JS6 noted that, to date, many of these policies are drafts and not enacted or implemented by the State.
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.

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 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;
- 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.

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

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 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 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:
- National FGM task force operationalised, lead by the MoWHRD ...
- Technical committee to prepare CEDAW ratification set up.

Stakeholder Summary:
Para 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 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."

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 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 .. the 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 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 Somali Sexual Offences Bill, … However, JS6 noted that, to date, many of these policies are drafts and not enacted or implemented by the State.
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.

National 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 .. the Anti-FGM Bill …, will provide significant (additional) legal protection as special legislation taking precedence over the articles of the Somali Penal Code.
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 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 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 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.

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 60) … Furthermore, JS8 stated that 98% of women in Somalia are subjected to FGM. The occurrence of FGM in Somalia was one of the highest in the world.