Displaying 46901 - 46925 of 58126 recommendations found
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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:
- Maternal health / morbidity / mortality
Type:Review DocumentationSession:11th session, May 2011Status:NeglectedContents:...SSWC stated that Somalia had one of the highest maternal mortality and morbidity rates in the world... [Para 54] -
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:Stakeholder SummaryIssue:
- International human rights instruments
Type:Review DocumentationSession:11th session, May 2011Status:Reference AddressedContents:KARAMA recommended the ratification of CRC. [Para 2] -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Burkina FasoBurkina FasoRegional groupAfrica GroupPolitical groupAUOICOIFIssue:
- 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:PakistanPakistanRegional groupAsia-Pacific GroupPolitical groupOICCommonwealthIssue:
- International human rights instruments
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Continue with efforts towards ratification of the CEDAW.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:GeorgiaGeorgiaRegional groupEEGIssue:
- International human rights instruments
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Conduct further steps towards the ratification of the CEDAW.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:National ReportIssue:
- Birth registration
Type:Review DocumentationSession:24th session, January 2016Status:N/AContents:... Concerning reliable birth registration, a pilot project commenced in 2014 in the Somaliland region of Somalia enabling the first government civil registration activity in Somalia in over 22 years. The government is preparing to establish birth registration in all regions of Somalia. [Para 91] -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:South SudanSouth SudanRegional groupAfrica GroupIssue:
- Women's participation
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Increase women’s participation in all forms of decision-making process.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Burkina FasoBurkina FasoRegional groupAfrica GroupPolitical groupAUOICOIFIssue:
- Female genital mutilation / cutting
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Adopt the draft law on female genital mutilation in line with its National Development Plan 2017-2019.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:LiechtensteinLiechtensteinRegional groupWEOGIssue:
- Early marriage
- Forced marriage
- Violence against women / gender-based violence
- Female genital mutilation / cutting
- Sexual violence
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Take effective steps to eliminate all forms of sexual and gender-based violence, including rape, conflict-related violence, FGM as well as early and forced marriage, and ensure justice to survivors, including by combatting impunity for such violations as well as by providing survivors with holistic support and assistance.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:United StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Create a national action plan to end conflict-related sexual and gender-based violence, working with the United Nations to re-introduce the draft sexual offences bill of 2018.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:TurkeyTurkeyRegional groupWEOGPolitical groupOICIssue:
- Sexual violence
- Domestic violence
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Work together with humanitarian and development actors to improve the living conditions and safety of IDPs, and strengthen the protection of women and girls from rape and domestic violence.ImplementationNational Report:
Para 16) Other legislation that must be enacted in 2016 include:
- Sexual Offences Bill;
Para 25) The courts in Somalia have delivered a number of significant judgments that have directly invoked both constitutional provisions and other national laws, to uphold different rights including economic and social rights. Among these are ... judgments relating to sexual violence against women and children have been passed on. The government has been vocal about the passing of these judgements to make citizens aware that impunity will not be tolerated.
Para 36) The MWHR has engaged in dialogue with AMISOM aimed at taking special measures for protection from sexual exploitation and abuse of Somali women and girls. The ministry has proposed to AMISOM to set up a task force consisting of AMISOM and government officials that will work together in cases of alleged human rights violations to come up with appropriate and timely responses to such incidents. AMISOM and the MWHR have agreed to cooperate and share knowledge regarding civilian casualty tracking to better enable accountability and prevent impunity.
Para 63) The MWHR has worked with several CSO on sexual violations cases and promoting human rights. The Ministry is also preparing a memoranda of understanding with CSO concerning human rights education and conducting research on relevant topics, such as human rights awareness raising in a federal context. The MWHR has supported a local CSO to establish a sexual violence crisis line, that victims of sexual abuse can anonymously call and get immediate advise and assistance.
Para 86) The MWHR has been active and vocal to ensure affirmative action measures for women and girls (among other vulnerable groups). Many of these measures are adopted or are in the process of adoption by the government. The taken affirmative action measures include the following:
- Legislation drafting of an Action Plan on ending Sexual / Gender-based Violence;
- Three GBV centres and two safe houses operationalised in Benadir, providing GBV victims emergency treatment, psychosocial counselling and refer to legal aid;
- Rehabilitation of an Institute for Children and Vulnerable Women funded by the MWHR;
- Attorney General office established special unit on Sexual violence;
UN Compilation:
Para 34) The Secretary-General stated that sexual violence continued to be reported in 2015 at about the same rate as in 2014. He noted that a sexual offences bill, aimed at criminalizing rape and other sexual offences, was pending parliamentary consideration.
Para 35) The Secretary-General and UN-Somalia stated that the Federal Government of Somalia had developed a national action plan to end sexual violence in conflict in May 2014. UN-Somalia noted, however, that the implementation of the action plan had been challenged by a political crisis and a government reshuffle, the limited capacity of the Ministry of Women and Human Rights Development to deliver and to engage the regions, and the very limited resources allocated to support the implementation.
Stakeholder Summary:
Para 30) Concerning recommendation 98.80 and 98.111, HRW noted that, in 2014, the Government had pledged to tackle the alarming levels of sexual violence by endorsing an action plan, the implementation of which had been slow and the protection of the most vulnerable communities non-existent. -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:PhilippinesPhilippinesRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Sexual violence
Type:RecommendationSession:38th Session, May 2021Status:AcceptedContents:Ensure the inclusion of affected vulnerable groups such as internally displaced persons in developing and implementing measures to mitigate sexual violence in conflict context.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:IranIranRegional groupAsia-Pacific GroupPolitical groupOICIssue:
- Harmful practices based on cultural / traditional values
- Female genital mutilation / cutting
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Take all necessary legal and practical measures to eliminate FGM, including considering amendments to the penal code with provisions to specifically prohibit this practice.ImplementationNational Report:
Para 77) Regarding FGM prevention, the evaluation of the TOSTAN Female Genital Mutilation/Cutting (FGM/C) intervention has been completed and lessons learned have been shared with all stakeholders. Also technical assistance was provided on reproductive health issues, while establishing reproductive health units with working groups and FGM task forces have been activated at regional level.
Para 86) The MWHR has been active and vocal to ensure affirmative action measures for women and girls (among other vulnerable groups). Many of these measures are adopted or are in the process of adoption by the government. The taken affirmative action measures include the following:
- National FGM task force operationalised, lead by the MoWHRD ...
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- International human rights instruments
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Ratify the CRCImplementationNational 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:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- International human rights instruments
- Gender equality
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Accede to the core human rights instruments to which it is not yet a party, particularly CRC and CEDAW.ImplementationNational 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:Stakeholder SummaryIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:38th Session, May 2021Status:Not Followed up with a RecommendationContents:Egypt-Peace urged Somalia to provide free basic education for children, especially females, while improving the quality of education through studied ministerial decisions, and building more schools to encourage enrolment in education. [Para 56]
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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.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UgandaUgandaRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- International human rights instruments
Type:RecommendationSession:24th session, January 2016Status:Unclear ResponseContents:Fast-track the process to sign and ratify international treaties related to the CRPD.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.ImplementationNational Report:
Para 10) Following extensive consultations and advocacy for the ratification of the Convention on the Rights of the Persons with Disabilities (CRPD), the FGS signed the convention on 2 October 2018 and ratified it on 6 August 2019.
UN Compilation:
Para 2) Somalia ratified the CRPD on 6 August 2019.
Stakeholder Summary:
Para 3) JS7 positively noted that, in … 2018 Somalia ratified …the CRPD.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupIssue:
- Harmful practices based on cultural / traditional values
- Sexual abuse
- Violence against women / gender-based violence
- Female genital mutilation / cutting
- Sexual violence
- Domestic violence
Type:RecommendationSession:24th session, January 2016Status:AcceptedContents:Step up efforts to prevent all forms of violence against women, including sexual abuse and domestic violence by finally adopting a comprehensive National Action Plan to punish perpetrators and provide assistance and recovery for victims as well as eradicate harmful traditions such as 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 Sexual Offences Bill, .. the Anti-FGM 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. 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:MadagascarMadagascarRegional groupAfrica GroupPolitical groupAUOIFIssue:
- Early marriage
- Harmful practices based on cultural / traditional values
Type:RecommendationSession:24th session, January 2016Status:Unclear ResponseContents:Implement the legislation to prevent and repress marriages between minors by fixing the legal age for marriage at 18 for men and women.ExplanationNoted. The definition of 'early' is different in Somalia compared to international standards.ImplementationUN 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.
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 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.