UPR Sexual Rights Database

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

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

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

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

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

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

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

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

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

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

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

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

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

Para 86) The MWHR has been active and vocal to ensure affirmative action measures for women and girls (among other vulnerable groups). Many of these measures are adopted or are in the process of adoption by the government. The taken affirmative action measures include the following:
- Establishment of the Oversight Steering Committee on the implementation of National Action Plan for Gender Equality;

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

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

National Report Annex:
NO IMPLEMENTATION
The ratification of OPIC is under consideration as the necessary implementation mechanisms are determined.

National Report Annex 1:
The Foreword to the present Report signed by the President confirms the primacy of the ratification of these Covenants by the South African government.

Undoubtedly, and by constitutional imperatives, South Africa places a premium on economic, social and cultural rights and hence the ratification of the ICESCR and its Optional Protocol is of high importance. The internal government processes are advancing and it is envisaged that with the collaboration of all government actors, including oversight parliamentary committees, the South African government should be in a position to ratify the ICESCR and its Optional Protocol as soon as possible.

UN Compilation:
Para 2) UNICEF noted that South Africa had not ratified ICESCR, although having signed it in 1994. The Special Rapporteur on the right to food recommended that the Government ratify that Convention.

Stakeholder Summary:
Para 15) International Commission of Jurists (ICJ) recommended that South Africa become a party to ICESCR; OP-CAT; CED and ICRMW; and that it sign, with a view to ratification, the third Optional Protocol to CRC.

Para 16) Amnesty International (AI) the Community Law Centre (CLC) and the Institute for Human Rights and Business (IHRB) 26 recommended ratification of ICESCR and its Optional Protocol.

National Report:
Para 47) To deal with the challenges of HIV and the wide-ranging impacts of AIDS, the Government has adopted a multi-sectoral approach. During 2011, the South African National AIDS Council, in which Government, business, labour and civil society are represented, reviewed the implementation of these strategic plans and developed a comprehensive prevention, care and treatment programme for the next five-year plan (for the period 2012–2016).

Para 48) South Africa has the largest ARV therapy programme in the world, today. At the end of March 2016, there were 3 407 336 clients remaining on antiretroviral therapy (ART). Prevention is the mainstay of efforts to combat HIV and AIDS. Since the HIV Counselling and Testing (HCT) campaign was introduced in 2010, over 44 million people have been tested. A total of 11,898,308 people between the ages of 15 and 49 years were tested, exceeding the annual target of 10 million for the financial year 2015/16.

National Report Annex:
PARTIAL IMPLEMENTATION

By 2010, South Africa had made significant progress in achieving universal access to treatment for HIV/AIDS by those who need it. The proportion of eligible adults and children receiving antiretroviral therapy (ART) leapt from 58.3% in 2010, to 75.2% in 2011 and ART coverage for HIV positive pregnant women also leapt from 87.3% to 99%. In 2013, 2.3 million South Africans were on antiretroviral treatment making it the largest programme in the world.