Displaying 46876 - 46900 of 58126 recommendations found
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UN CompilationIssue:
- Sexual violence
Type:Review DocumentationSession:11th session, May 2011Status:Reference AddressedContents:"The independent expert stated that rape and other grave sexual violence against children continued to be a major protection concern. Impunity for the perpetrators of crimes against children, including sexual violence, remained common in all parts of Somalia. [Para 32]" -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:EgyptEgyptRegional groupAfrica GroupPolitical groupAUOICALOIFIssue:
- International human rights instruments
- Gender equality
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Consider acceding to 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:FinlandFinlandRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Take concrete measures to end violence against women by implementing the National Action Plan to end sexual violence and by investigating and prosecuting alleged violations, including when perpetrated by military and security personnel, in accordance with international law.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 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.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- International human rights instruments
- Gender equality
Type:RecommendationSession:24th session, January 2016Status:Unclear ResponseContents:Ratify and implement the core human rights instruments, in particular the CEDAW and the OP-CAT and abolish the death penalty, as previously recommended.ExplanationNoted.
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:ItalyItalyRegional groupWEOGPolitical groupEUIssue:
- Sexual harassment
- International human rights instruments
Type:RecommendationSession:24th session, January 2016Status:Unclear ResponseContents:Ratify the OPs-CRC and strengthen the legal framework in line with the provisions of the CRC ...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:NorwayNorwayRegional groupWEOGIssue:
- Harmful practices based on cultural / traditional values
- Female genital mutilation / cutting
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Speed up and finalize the process of criminalizing the practice of FGM and take practical steps to eradicate it.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:Stakeholder SummaryIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:24th session, January 2016Status:NeglectedContents:SLNHRC indicated that women's human rights were constrained by inadequate legal awareness amongst women, as the existing legal system did not reach the majority of women who lived in rural areas in "Somaliland". [Para 43] -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UN CompilationIssue:
- Women's participation
Type:Review DocumentationSession:24th session, January 2016Status:Reference AddressedContents:The Secretary-General stated that ensuring women's participation in the clan-based political structure of Somalia remained a major challenge. In its resolution 2232 (2015), the Security Council noted that women were not adequately represented in the assemblies of the new interim regional administrations, and urged the Federal Government of Somalia and interim regional administrations to continue to promote increased representation of women at all decision-making levels in Somali institutions ... [Para 55] -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:ThailandThailandRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Women's and / or girls' rights
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Take into account, in its efforts to promote and protect human rights, the specific needs of such vulnerable groups as children, women, persons with disabilities and the elderly.Implementation"""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." -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Training for state personnel on sexual rights issues
Type:Review DocumentationSession:11th session, May 2011Status:NeglectedContents:KAALO stated, in relation to gender-based violence in the Puntland, that the authorities fund and implement compulsory training programmes for officials, including police, lawyers, judges and medical personnel, social workers, immigration officials and teachers, on (1) the identification of cases of violence against women and girls both in the home and the community; (2) on how to deal with victims and ensure their safety; and (3) on how to effectively collect, safeguard, consider and present evidence in a court of law. [Para 19] -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UruguayUruguayRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Ratify CRC and ensure from the beginning that all measures to be adopted for children incorporate its provisions.ImplementationNational Report:
Para 38) A major milestone is that Somalia has ratified the CRC and that MWHR is working on implementing this treaty.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:United StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- Intersex persons' rights
- Criminal laws on same-sex sexual practices
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:QuestionSession:38th Session, May 2021Status:N/AContents:The 1963 penal code criminalizes “carnal intercourse with a person of the same sex” with a penalty of three months to three years’ imprisonment. What is the government’s plan to revise its laws so that LGBTQI+ persons are not targeted for prosecution on the basis of sexual orientation or gender identity? -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:Review DocumentationSession:38th Session, May 2021Status:Reference AddressedContents:JS6 called on Somalia to amend the penal code to reflect international standards regarding rape and other forms of sexual violence; and take concrete measures to end violence against women by implementing the National Action Plan to End Sexual Violence in Conflict and by investigating and prosecuting alleged violations, including when perpetrated by military and security personnel. [Para 6]
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- International human rights instruments
Type:RecommendationSession:38th Session, May 2021Status:Unclear ResponseContents:Ratify … the CEDAW ....
ExplanationNoted. -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:AzerbaijanAzerbaijanRegional groupEEGPolitical groupOICCISIssue:
- International human rights instruments
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Continue efforts to ratify the CEDAW.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- International human rights instruments
- Women's and / or girls' rights
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Ratify the Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa (the Maputo Protocol).
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:SerbiaSerbiaRegional groupEEGIssue:
- Women's participation
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Invest additional efforts to improve the position of women, especially with regard to their participation in the public life of the country at the level of decision-making functions.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:TogoTogoRegional groupAfrica GroupPolitical groupAUOICOIFIssue:
- Sexual abuse
- Female genital mutilation / cutting
- Sexual violence
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Establish an institutional framework and legal mechanisms dedicated to combating female genital mutilation and sexual offences.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:LesothoLesothoRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- Sexual violence
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Beef up measures to end all forms of sexual violence, especially conflict related violence.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UgandaUgandaRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- Sexual violence
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Continue to strengthen frameworks to prevent sexual violence and ensure that perpetrators are brought to justice.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Burkina FasoBurkina FasoRegional groupAfrica GroupPolitical groupAUOICOIFIssue:
- Early marriage
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Take legal steps to prevent child marriage.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UN CompilationIssue:
- Forced marriage
- Women's and / or girls' rights
Type:Review DocumentationSession:11th session, May 2011Status:Reference AddressedContents:"The independent expert urged the international community to explore all possible means to stop ... forcible marriages of young girls to militiamen, the imposition of the strictest dress code for women ... [Para 23]" -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:MalaysiaMalaysiaRegional groupAsia-Pacific GroupPolitical groupASEANOICCommonwealthIssue:
- 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:TurkeyTurkeyRegional groupWEOGPolitical groupOICIssue:
- Birth registration
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Develop a birth registration system.ImplementationNational Report:
Para 54) Somalia’s legal framework for the establishment of a birth registration system will be included in the Child Rights Bill, that is currently being discussed with different stakeholders. The Government authorities in charge of birth registration, as per Article 12 Child Rights Bill, are the Health Office in the district where the child is born, the City Council’s Health Office or the Mayor’s office of the small town or village without a Government Health Office. This system is envisioned to be decentralized, and registration of birth is mandatory within 30 days from the day of the birth of the child.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:NorwayNorwayRegional groupWEOGIssue:
- Women's participation
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Strengthen its efforts to increase women's participation in elected and appointed bodies at all levels of government.ImplementationNational Report:
Para 17) The 2016 indirect elections were held, following a political agreement on the electoral system, an agreed formula for safeguarding the participation of women, the election management body as well as putting in place an independent electoral dispute resolution mechanism. In comparison to the 2012 elections, the 2016 parliamentary indirect elections were relatively fairer, transparent and more inclusive. During the 2016 indirect elections, Somalia adopted a 30% quota mechanism for women’s political representation. The 2016 women quota campaign successfully led to female parliamentary candidates winning 25% of the parliamentary seats (up from 11% in 2012) and the highest percentage of women in the Council of Ministers (23%). The FGS recognises the need to improve this representation of women to the required level and is striving to achieve this through a definitive electoral model.
UN Compilation:
Para 19) The Independent Expert stated that Somali women and girls continued to face challenges in access to education and representation and participation in public life. She was concerned that despite the call for the equal participation of women in every aspect of institutional and national life contained in the Women’s Charter for Somalia, and for women to occupy at least 30 per cent of the positions in the three branches of government, the private sector and independent commissions, women made up less than 25 per cent of federal and state institutions. Neither the electoral law enacted in February 2020 nor the Provisional Federal Constitution contained a minimum quota of 30 per cent for women’s representation in decision-making positions at all levels of government. The male-dominated clan system, influenced by an interpretation of sharia law that limited women’s participation, hindered progress.
Para 31) The Independent Expert observed that the Somali justice sector encompassed the traditional xeer system, sharia law and a formal legal system. Inadequate infrastructure and funding and the weak capacities of judicial personnel had had negative impacts on the institutional capacity of the courts, and representation of women in the judiciary remained low.
Para 50) The Peacebuilding Support Office of the Department of Political and Peacebuilding Affairs noted that improvement in women’s participation could be seen, but less so for progress in women’s representation in decision-making bodies and in the country’s peacebuilding and State-building processes. For example, women might have participated in community processes, such as serving on local community dispute-resolution committees, or engaging in community planning processes, economic development opportunities or vocational training opportunities provided by projects in the Peacebuilding Fund portfolio. However, women remained underrepresented at higher level decision-making, with low levels of representation in district, state and federal governance structures. For example, only 22 per cent of the representation on the district-level peace and stability committees were women; 24 per cent of parliamentary seats were filled by women despite a quota of 30 per cent; and only one member of the permanent committee of the federal parliament was a woman.