SLSUN: On her latest visit, the Independent Expert on the Situation of Human Rights in Somalia today called on the Somali authorities to step up their efforts on a range of human rights issues for the good of all Somalis.
“As we consider the UN and AU transition in Somalia, I call upon the government of Somalia to seize this opportunity to accelerate its work on the constitutional review and adoption processes, establishing legislative and institutional frameworks to guarantee the rights of all Somalis going forward,” said the Independent Expert, Isha Dyfan.
“At the same time, strengthen its policy and institutions to properly deal with its fragile security, political and humanitarian realities,” she added. “Moreover, addressing the negative impact of climate change and the current funding crisis on the populations – in particular ensuring access to basic social services such as water supply, food, health care delivery and education for all children – is essential
The transitions referred to involve the United Nations Transitional Assistance Mission in Somalia (UNTMIS), which is due to hand over all of its responsibilities to other parts of the UN system and government partners by October 2026, and the recent establishment of the African Union Support and Stabilization Mission in Somalia (AUSSOM).
The Independent Expert made the comments in a press conference in Mogadishu at the end of her latest visit to Somalia. Ms. Dyfan’s remarks were part of preliminary observations ahead of her presentation of a full report to the United Nations Human Rights Council and General Assembly later this year.
She had previously visited Somalia in May 2024.
Her latest visit saw her spend seven days in the Somali capital, where she had a wide-ranging series of meetings with representatives of the Federal Government of Somalia, civil society, the media, the African Union Stabilization Support Mission in Somalia (AUSSOM), the international community and various UN agencies, funds and programmes.
“My mandate requires me to monitor and report on the situation of human rights in Somalia with a view to making recommendations on technical assistance and capacity-building in the field of human rights,” Ms. Dyfan said. “Thus, the aim of my visit was to assess the human rights situation, including the implementation of my benchmarks and recommendations since the issuance of my previous report in October 2024.”
Her latest visit saw her spend seven days in the Somali capital, where she had a wide-ranging series of meetings with representatives of the Federal Government of Somalia, civil society, the media, the African Union Stabilization Support Mission in Somalia (AUSSOM), the international community and various UN agencies, funds and programmes.
“My mandate requires me to monitor and report on the situation of human rights in Somalia with a view to making recommendations on technical assistance and capacity-building in the field of human rights,” Ms. Dyfan said. “Thus, the aim of my visit was to assess the human rights situation, including the implementation of my benchmarks and recommendations since the issuance of my previous report in October 2024.”
Security
In her remarks, the Independent Expert underlined how, while assessing Somalia’s human rights developments in the context of the ongoing transitions at the UN and AU levels in the country, she took note of the rapidly changing security, along with political and humanitarian situations, negatively impacting the enjoyment of human rights in the country.
“I strongly condemn Al-Shabaab, which remains the major perpetrator of a range of human rights abuses against civilians including children and is responsible for keeping the country in a perpetual security crisis,” Ms. Dyfan said.
“I also remain concerned about the upsurge in conflict between Al-Shabaab and its associates, and government forces supported by Community Defence Forces and its international partners, as well as instances of military confrontation between the Federal Government and Jubaland State resulting into alleged killings and displacement of civilians, including in Jubaland, Hirshabelle, Galmudug, Benadir regions.
“I also learnt that these fights have led to an increase in human rights violations and humanitarian protection concerns, including Sexual and Gender-Based Violations, child recruitment and early marriage issues, among others,” she added. “Moreover, the ongoing political, clan and resource related conflicts have further exacerbated the human rights and security problems in the county.”
Legislation
The Independent Expert expressed disappointment over the lack of parliamentary action on Somalia’s constitutional review process since the passing of the first four chapters last year.
“Nevertheless, the Ministry of Justice has been conducting consultations on chapters six to nine, involving the new justice model including dealing with the prisons, the custodian courts and the Attorney General Office. I still encourage the government to enhance the participation of all stakeholders, build consensus and speed up the review process to ensure the inclusivity, legitimacy, transparency and credibility of the constitutional making process,” Ms. Dyfan said.
In relation to other legal and policy frameworks, she said she remained concerned over the lack of progress in the ratification of relevant international and regional human rights instruments.
These include the Convention on the Elimination of All Forms of Discrimination Against Women, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa and the African Charter on the Rights and Welfare of the Child.
“Similarly, efforts to put in place relevant national laws to properly protect human rights have not shown any progress,” Ms. Dyfan said. “Nonetheless, I would like to appreciate authorities for the adoption of the Anti-Female Genital Mutilation Act by Jubaland and the Disability Act by South West State.”
The Independent Expert also highlighted how the review and adoption of other key legislation at the federal level – including bills related to rape, juvenile justice, child rights and female genital mutilation – are long overdue and require proactive measures to finalize their amendment and adoption.
“While it may be encouraging to note that many of these bills have been approved at the cabinet level, it is equally concerning that no concrete actions have been taken to adopt these bills into laws at the House of People and Senate levels,” Ms. Dyfan said.
Freedom of expression
On the right to freedom of expression – including the freedom to seek, receive, and impart useful information – the Independent Expert said that the space for exercising these is severely restricted.
“My interactions with journalists, social media activists, civil society organisations, international partners and government officials revealed that journalists and those who take the opportunity to exercise their rights to freedom of expression using different platforms have continued to be intimidated, harassed, beaten, and detained by security officials, with impunity,” Ms. Dyfan said. “I am concerned that all these have created a climate of fear and self-censorship among journalists who report on issues related to security and conflict, leaving the people in the dark on the most-needed information to protect themselves.”
While discussing inclusion, the Independent Expert commended the Somali government for some progress made towards enhancing the participation of women and persons with disability (PWDs), including by putting in place a 30 per cent quota system for women and a five per cent quota for PWDs in electoral processes.
“Efforts are also being made to develop regulations and guidelines to practically implement this quota system within the context of the proportional electoral system. However, I received genuine concerns from various stakeholders about the use of the clan-based system of 4.5, entrenched in the governance system of the country, that would determine the eventual outcome of the election processes,” Ms. Dyfan said, adding that she called on the Somali authorities to ensure that the regulations and guidelines result in the practical application of these provisions.
Children
In relation to the rights of Somali children, the Independent Expert welcomed various efforts and steps, including the Inter-Ministerial Committee on Children and Armed Conflict’s following up on the implementation of a 2019 roadmap on children in armed conflict, as well as identifying and responding to the needs of children affected by conflict.
“I also noted the progresses made on implementation of the age verification guidelines, and cooperation on the handover of disengaged children,” Ms. Dyfan said.
“Nonetheless, grave violations against children, such as, recruitment of children by the community defence forces and clan militia, have continued,” she noted. “Similarly, the ongoing conflict, the funding crisis and the dire impact of climate change in some parts of the country have contributed to the closure of schools and an increase in the displacement of families, affecting children disproportionately
Minorities
When discussing minority groups in Somalia, the Independent Expert noted that while there was consensus on their presence there seemed to be a lack of clear understanding of who these groups should include.
“Along the same lines, I noted that there is a lack of appetite to fully accommodate them in crucial national and regional decision-making processes. While members of minority and marginalized groups have continued to face discrimination at all levels, including in accessing public services and exercising their rights to participation, no solid action appears to be taken to protect their fundamental rights,” Ms. Dyfan said.
“I call upon the government to embark on concrete legal and institutional measures to safeguard the rights of those groups left behind and enhance inclusivity and equality among all groups of the community as it is being promoted by the government,” she added.
Minorities
Independent Experts
Independent Experts like Ms. Dyfan are part of what is known as the Special Procedures of the UN Human Rights Council.
Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organisation and serve in their individual capacity.
[Read her press statement HERE.]
Story and photos courtesy of The United Nations
