Displaying 46801 - 46825 of 58126 recommendations found
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UN CompilationIssue:
- Gender equality
- Women's and / or girls' rights
Type:Review DocumentationSession:24th session, January 2016Status:Reference AddressedContents:UNESCO also indicated that Somalia could be encouraged to further promote education for all, particularly education for women and children. [Para 71] -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Stakeholder SummaryIssue:
- Marginalized groups of women
Type:Review DocumentationSession:38th Session, May 2021Status:Not Followed up with a RecommendationContents:Mandela-Rights called on the government to reform prisons in order to ensure the separation of men and women, especially in Puntland and Somaliland regions. [Para 82]
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:PortugalPortugalRegional groupWEOGPolitical groupEUOEIIssue:
- Sexual exploitation / slavery
- International human rights instruments
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Ratify CRC and its OPs.ImplementationNational 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.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:National ReportIssue:
- International human rights instruments
Type:Review DocumentationSession:11th session, May 2011Status:N/AContents:Somalia signed the CRC in May 2002 … [Para 41] -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:Review DocumentationSession:11th session, May 2011Status:Reference AddressedContents:"KARMA stated that rape continued to be used as a tool of war in Somalia. The number of rapes inflicted by police has decreased, but the use of rape by armed groups to punish and intimidate rivals persisted. These incidences are rarely prosecuted. Victims of rape have no recourse. It recommended that Somalia prosecute rape as a crime of war in accordance with United Nations Security Council Resolutions 1325 (2000) and 1820 (2008). [Para 21]" -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:IndonesiaIndonesiaRegional groupAsia-Pacific GroupPolitical groupASEANOICIssue:
- International human rights instruments
- Gender equality
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Consider signing and ratifying CEDAW, CRCImplementationNational 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.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- 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:Sierra LeoneSierra LeoneRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- 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:MexicoMexicoRegional groupGRULACPolitical groupOASOEIACSIssue:
- Gender equality
- Women's participation
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Adopt a roadmap to hold the federal elections that were postponed in 2020, and a legal framework to comply with the minimum quota for women’ seats in the Federal Parliament.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:ChinaChinaRegional groupAsia-Pacific GroupIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Continue to implement national gender policies to promote gender equality and better protect women’s rights.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:GreeceGreeceRegional groupWEOGPolitical groupEUOIFIssue:
- Early marriage
- Forced marriage
- Violence against women / gender-based violence
- Female genital mutilation / cutting
- Sexual violence
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Take immediate measures aiming to combat sexual and gender-based violence, including conflict-related violence, female genital mutilation and early and forced marriage, and to ensure accountability for these violations and abuses.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Step up efforts to combat violence against women and to take a survivor-centred approach, including by strengthening its legal framework in accordance with international standards.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:DenmarkDenmarkRegional groupWEOGPolitical groupEUIssue:
- Sexual violence
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Submit to Parliament the original Sexual Offences Bill in line with international human rights standards.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Stakeholder SummaryIssue:
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:11th session, May 2011Status:NeglectedContents:...Pregnant women often do not attend antenatal clinics, which leads to complications during childbirth, because they lack basic health education and also because of the difficulty in getting to the few available clinics. [Para 55] -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Strive to... raise awareness of gender-based violence. -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Sierra LeoneSierra LeoneRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- 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:GreeceGreeceRegional groupWEOGPolitical groupEUOIFIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Intensify the implementation of the action plan addressing the alarming levels of sexual violence against women.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.
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.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:PalestinePalestineRegional groupObserverPolitical groupOICALIssue:
- Women's and / or girls' rights
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Increase its efforts to provide education for all, particularly for women ...ImplementationUN Compilation:
Para 16) … School dropout rates for children of minority clans were high, particularly for girls.
Para 19) The Independent Expert stated that Somali women and girls continued to face challenges in access to education …
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.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Sexual exploitation / slavery
- International human rights instruments
Type:RecommendationSession:24th session, January 2016Status:Unclear ResponseContents:Ratify the OP-CRC-SC.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:PhilippinesPhilippinesRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Harmful practices based on cultural / traditional values
- Female genital mutilation / cutting
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Enact laws to implement the constitutional prohibition on FGM.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 .. 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 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.
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 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 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.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:PortugalPortugalRegional groupWEOGPolitical groupEUOEIIssue:
- Harmful practices based on cultural / traditional values
- Female genital mutilation / cutting
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Introduce amendments in Somalia's Penal Code on widespread practice of FGM. -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:GermanyGermanyRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Establish clear vetting procedures to identify and prosecute individuals responsible for serious abuses of human rights such as ... sexual violence - including during recruitment and integration of new forces into the SNAF.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.
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.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Stakeholder SummaryIssue:
- Harmful practices based on cultural / traditional values
- Female genital mutilation / cutting
Type:Review DocumentationSession:24th session, January 2016Status:Reference AddressedContents:TD-Berlin indicated that Somalia had not come up with an explicit law addressing FGM due to a lack of political will to address it. As a result, the practice was still very widespread and enforced by both cultural and religious leaders as part of customary and religious laws. [Para 34] -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:Review DocumentationSession:24th session, January 2016Status:Reference AddressedContents:The Secretary-General stated that sexual violence continued to be underreported, and that impunity was widespread. Access to formal justice, especially in rural areas, was extremely limited. Police and court officials must be paid to formally file and process a case ... [Para 47] -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Stakeholder SummaryIssue:
- Marginalized groups of women
- Sexual violence
Type:Review DocumentationSession:38th Session, May 2021Status:Not Followed up with a RecommendationContents:ASProject recommended Somalia to strengthen the provision of comprehensive care for sexual violence survivors, in particular medical, mental health and psychosocial services so that they are available to all survivors of sexual violence, including those in IDP camps. Minimum responses should include immediate access to safe, free, confidential, survivorcentred, and high-quality medical care. [Para 50]