Fight against Al-Shabaab

The on-going fight against terrorism perpetrated by Al-Shabaab and its effects on civil and political rights in Somalia was a major theme throughout the dialogue. Somalia has been struggling with Al-Shabaab for decades, with the group regularly attacking civilians and perpetrating human rights abuses in territories under its effective control.

The Committee asked questions on what measures the government is taking to ensure the protection of civilians during counterterrorist operations. Additional questions also covered the recruitment of children as soldiers by terror groups, the fight against impunity of perpetrators, and the censorship of press coverage on Al-Shabaab’s actions.

In response, the delegation highlighted the liberation of five regions from terrorist control as a major success. The delegation also highlighted the enactment of the Anti-terrorism Act that provides a legal framework to help security forces fight terrorism and the Anti-money Laundering Act that helps to address the financing of terrorism. They also shared additional information on the draft Child Rights Bill that has a provision for physical and psychological rehabilitation for children impacted and the Disengaged Combatants Program, created in collaboration with the United Nations, that works to reintegrate defectors from terrorist groups including children.

Freedom of opinion and expression

The right of freedom of expression and opinion, enshrined in article 19 of the Covenant, is not guaranteed in Somalia. The country ranks 141 out of 180 countries on the free press world index in 2023. The Committee expressed worry on the treatment of human rights defenders and journalists in Somalia including censorship, harassment, and police brutality by both State and non-state actors. The Committees also discussed how the State party puts harsh limits on freedom of expression if it is deemed contrary to Islam and the stability of the state.

The delegation explained that article 18 of the provisional Constitution guarantees the rights of freedom of expression through media and that the regional States have integrated these principles into their governance. They also highlighted the establishment of a Special Prosecutor on crimes against journalists but noted that the office faces challenges with public cooperation over fears of retaliation.

Women’s rights

Despite measures taken by the government to increase women’s representation in the government, the rights of women garnered particular focus from the Committee. In particular, Committee members were very concerned about problematic language in the new draft Constitution changing the age of adulthood from 18 to 15, which violates art. 24 (1) of the ICCPR and would increase vulnerability of girls to child marriage. Additional questions were asked on what is being done to protect women and girls from sexual and physical violence. The Committee noted with concern that Somalia has the highest prevalence of femal genital mutilation in the world.

In response, the delegation emphasized that the draft Constitution is undergoing broad consultations and that ultimately the people will decide on the matter of age of maturity. They also shared that the Sexual and Indecent Offense bill is being submitted to the Parliament for review and that the Anti-female genital mutilation (FGM) bill has been reviewed by religious leaders and will be submitted to the cabinet for review soon. As part of their pledge for the 75th anniversary of the Universal Declaration on Human Rights, the government plans to pass both pieces of legislation before the end of 2024.

Watch again the dialogue with the Committee here (part one) and here (part two).

Recommendations of the Human Rights Committee

Concluding observations on Somalia’s first periodic report were released on March 28, 2024. The State party is requested to provide, by March 29, 2027, information on the following recommendations:

Right to life, protection of civilians, and excessive use of force

The State party should take additional measures to effectively prevent and punish the killing of civilians and the excessive use of force by the armed forces, law enforcement, Al-Shabaab and members of other terrorist groups. It should:

(a) Ensure that all legislative and regulatory provisions governing the use of force are in line with the United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the Committee’s general comment No. 36 (2018), which establish a requirement that law enforcement officers use lethal force only when strictly necessary in order to protect life or prevent serious injury from an imminent threat;

(b) Introduce procedures to guarantee that law enforcement operations are properly planned and conducted in order to minimize the risks to human life;

(c) Ensure that all reports of the excessive use of force by law enforcement officers, armed forces, Al-Shabaab and members of other terrorist groups are investigated promptly, effectively and impartially and if convicted, punished them with appropriate remedies, and that redress and compensation are provided to victims of such violations;

(d) Ensure that all law enforcement officers systematically receive training on the above-mentioned international standards and that the principles of legality, necessity and proportionality are strictly adhered to in practice.

Administration of justice

The State party should continue its efforts and take all measures necessary to reform the justice system and ensure that all court proceedings are conducted in full observance of the due process guarantees set forth in article 14 of the Covenant and in the light of the Committee’ s general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial. In so doing, it should:

(a) Adopt legislation setting out the structure and jurisdiction of the judiciary, a law on the provision of the legal aid and finalize establishment of the Judicial Service Commission;

(b) Ensure the full independence of judges and the autonomy of prosecutors, establish clear rules on their appointment, career and removal in line with international standards and ensure that traditional justice system comply with standards required by the Covenant;

(c) Remove, without further delay, the jurisdiction of military courts over civilians.

Rights of the child

The State party should:

(a) Maintain the age of majority for both boys and girls at 18 years in accordance with the Convention on the Rights of the Child and other international standards;

(b) Take all necessary measures to protect children from violence, abductions, labour, and exploitation, and ensure redress and reintegration for victims of such abuses, and ensure to all children equal access to schooling;

(c) Prevent, detect and eradicate the recruitment and use of child soldiers, ensure their prompt disarmament, demobilization, rehabilitation and reintegration, and reunite them with their families, while respecting the principle of the best interests of the child.

Here you can find all the recommendations given by the Committee in the Concluding Observations.

The follow-up report of Somalia on the implementation of recommendations is due in 2027. The next list of issues will be adopted in 2030, and the next periodic report is due in 2031.