UPR Sexual Rights Database

National 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.