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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Somalia - 11th Session - 2011 Scroll to: National Report 41. Somalia signed the Convention of the Rights of the Child in May 2002 and its Optional Protocol on the involvement of children in armed conflict in September 2005. 64. On 24 March 2011, the Government has, for the first time since 1991, opened a primary and intermediate school to offer free education in Mogadishu. The realisation of the first free-of-charge school was part of the new government's commitment to improve the socio-economic status of the people in its first 100 days in office. 65. Nevertheless, the protracted armed conflict in Somalia has left a whole generation of youth without formal education. They have no possibility of earning livelihood, as a result of which some join the extremist groups. The situation can only improve if the conflict is ended and the Government extends its authority to areas not under its control. 81. The fighting in Somalia has been marked by widespread and systematic use of children as soldiers. The Government is aware of its international obligations prohibiting the use children in hostilities. It therefore does not, as a policy, recruit children or allow the recruitment of children into its security forces and is committed to eradicating the practice of child soldering in Somalia. 82. After a meeting with the Special Representative of the Secretary-General for Children and Armed Conflict Radhika Coomaraswamy on 3 November 2010, Prime Minister Mohamed Abdullahi Mohamed appointed the State Minister at the Office of the Prime Minister, Madame Zahra Mohamed Ali Samantar as focal point for child protection and human rights and issued strict guidelines prohibiting the recruitment of children into the armed forces. 83. The Government is committed to implementing a comprehensive policy to prevent the use of children as soldiers. However, in areas held by Al-Shabaab, children are currently forcefully recruited. This is because they are losing the war. The Government is in contact with traditional and religious leaders to see how the matter can be addressed. 84. However, it is worth noting that some children are joining Al-Shabaab voluntarily for a number of reasons. Poverty and survival, particularly children orphaned by the war, is one of the primary reasons for them into joining Al-Shabaab. Parents because of poverty and lack of livelihood allow their children to join Al-Shabaab. 85. The only way to stop this is ensuring other opportunities such as access to educational opportunities, vocational training and income generating opportunities. OHCHR Compilation of UN information 30. The independent expert, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Special Rapporteur on violence against women, its causes and consequences sent, on 6 November 2008, an allegation letter to the Government concerning the death by stoning of a 13-year-old girl, found guilty of adultery by the Kismayo Sharia Court. The accusation of adultery had been made as the girl attempted to report to the Al-Shabaab militia controlling Kismayo that three men had raped her. The Secretary-General and his Special Representative for children and armed conflict raised concerns about the same case. 31. The independent expert noted that the Somali Constitution of 1991 criminalized female genital mutilations. He also noted that in Somalia, the prevalence of female genital mutilation and cutting was about 98 per cent and was primarily performed on girls aged from 4 to 12 years. The practice was especially widespread in rural communities. 32. The independent expert stated that rape and other grave sexual violence against children continued to be a major protection concern. Impunity for the perpetrators of crimes against children, including sexual violence, remained common in all parts of Somalia. 35. The Secretary-General, in 2010, raised concerns that the recruitment and use of children by various parties had increased in 2009. He pointed out that children continued to be affected by the conflict in southern and central Somalia, citing estimates that thousands of children were associated with Al-Shabaab and Hizbul Islam groups. The independent expert similarly noted that children continued to be disproportionately affected by the conflict in southern and central Somalia. Recruitment of children to be put on the front line remained an issue of major concern. The Secretary-General urged the TFG to stop all recruitment of children and called upon it to actively seek the unconditional release of all children associated with its armed forces and those of its allies. 36. ILO noted that child labour is a key concern in Somalia, with cases of child soldiers, domestic child labour and street begging. Studies indicated that at least 45 per cent of male and 54 per cent of female children, between the ages of 5 and 14 years, were considered to be involved in child labour. 44. According to the independent expert, in all parts of Somalia there were no adequate detention facilities for women, who were thus extremely vulnerable to violence by fellow male detainees or male wardens.96 Young adolescent girls were often brought by their families to detention centres for "misbehaving" and held in custody until the family requested their release. Juveniles not accused of anything amounting to a criminal offence under the law were sent to jail by the regional security committees who took decisions based on traditional Somali law, or Xeer. 57. The independent expert indicated that, after two decades of conflict, almost two generations of young Somali boys and girls had been denied the benefit of a full education. Existing education systems, already limited in their scope, had been badly affected by the conflict. Women's literacy was around 12 to 14 percent. He also noted that innovative thinking might also lead to the productive engagement of youths trained for income-generation activities. 58. The Secretary-General stated that schools had been damaged or destroyed, and teachers and students killed or injured, during exchanges of fire or shelling by parties to conflict. Late in 2008 and in 2009, there had been an upsurge in attacks on schools, fuelled in part by the perception that children, particularly those studying in Koranic schools, were being mobilized to join insurgent groups, and were therefore "legitimate" military targets. Summary of stakeholders' information 2. GIEACPC stated that Somalia signed but did not ratify the Convention on the Rights of the Child (CRC). KARAMA recommended the ratification of CRC. CWS urged Somalia to demonstrate its commitment to ratifying CRC through the creation of appropriate domestic legislation. 17. JS1 stated that in "Somaliland" there were reports of children being detained for minor cases, such as parental disobedience, with hard-core criminals, which exposed these children to abuse, physical and psychological trauma. Almost all of the police stations and local prisons in "Somaliland" lacked separate cells for child offenders. 25. JADO stated that many under age young girls in Jubaland were forced to marry "Mujahidin of Alshabab (Jihadist: Holy warrior)" against the will of their parents. Resistance to such marriages resulted in execution. This was also stated by JS4. 26. JS1 stated that female genital mutilation was a deeply rooted traditional practice. COGWO stated that this practice was rampant and that gender based violence was a common problem which remained a secret. SWC stated that young girls between the ages of 4–8 were subjected to "infibulations" to ensure their chastity until they were married. SSWC indicated that many girls die from the shock and pain of the procedure which was normally done without anesthesia, as well as from infections and massive blood loss. 28. JS4 stated that recruitment of child soldiers was highly rampant. STP stated that the recruitment of children as soldiers by militias and the regular army was facilitated by the plight of IDPs, the humanitarian crisis and increasing poverty. 29. SSWC indicated that children were being recruited, trained and used in the armed conflict. While recruitment of girls was rare and was generally regarded as socially unacceptable, there were documented accounts of girls working for armed opposition groups, particularly for cooking and cleaning. Girls also transported detonators, for logistics, and engaged in intelligence collection. 30. ARM stated that there was compelling evidence of widespread recruitment of children by the warring factions, and that the TFG was accused of recruiting children many of whom have been found to be openly serving in combat in Mogadishu. It recommended that the recruitment of child soldiers should stop. AI recommended that the TFG establish effective and impartial vetting procedures to ensure that the TFG armed forces and the police do not recruit persons under the age of 18. HRW recommended that the TFG conduct rigorous screening and take other active measures to ensure that no children were recruited in its armed forces. HRW also called for the release all previously recruited children. 31. JS1 stated that there were many children in "Somaliland" living on the streets, often begging and sometimes engaged in criminal activity for survival. Some children have little or no contact with their families and cope without adult support. JS1 stated that there was an increase in orphaned children in "Somaliland" and that institutions to care for these children were virtually non-existent. Presently, there is only one operational institution located in Hargeisa and that the conditions in this institution were poor. 32. GIEACPC stated that, pursuant to Article 439 of the Penal Code (1962), corporal punishment was lawful in the home54 and in schools. In the penal system, there was no provision for corporal punishment as a sentence for crime, but it was lawful under Somali Islamic Law. In alternative care settings, corporal punishment was lawful. In "Somaliland" corporal punishment was unlawful in the home,58 in schools, and in alternative care settings. 51. JS1 stated that child labour was prohibited by Islamic law, formal law and customary law. However, due to factors such as poverty, displacement and negligence, thousands of children worked under exploitative conditions for means of survival. Some of these children were given hazardous tasks. 54. COGWO stated that the hospitals in Mogadishu were ill-equipped and were not able to respond to the medical and psychological needs of the victims of the conflict. Women do not have access to emergency services even in government hospitals or health units, due to the lack of capacity, as well as the lack of knowledge and skills among the health workers. SSWC stated that Somalia had one of the highest maternal mortality and morbidity rates in the world,114 and that one in every five children was malnourished. SNHRC also stated that malnutrition was common among children in "Somaliland". 59. SNHRC stated that there was no mandatory education in "Somaliland" and consequently children from poor families missed school. Education in public schools was free, but school head masters charged a nominal fee of $1.5 per month per student to enhance teachers' salary which is very low. Many families consider the fee expensive and let children go without school. SNHRC recommended a national plan of action to include free mandatory primary education. 64. SNHRC stated that in "Somaliland" some minority groups were considered to be of "low caste" and can only work in most undesirable and low-paying jobs. They live in sub- standard accommodation. Minority children did not attend school, as parents could not afford to pay the nominal fees, and minority children feared being bullied in school. Accepted and Rejected Recommendations The following recommendations were accepted: A - 98.3. Ratify the Convention on the Rights of the Child (CRC) and its Optional Protocol on the involvement of children in armed conflict and endorse the Paris Commitments to protect children from unlawful recruitment or use by armed forces or armed groups (France); A - 98.4. Sign and ratify CEDAW and its Optional Protocol, CED, the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol, OP-CAT, the Optional Protocol to the CRC on the sale of children, and ratify CRC and its Optional Protocol on the involvement of children in armed conflict and OP-ICESCR (Spain); A - 98.5. Take concrete steps including becoming a party to and implementing CRC and CEDAW (Japan); A - 98.6. Consider signing and ratifying CEDAW, CRC and the International Convention on the Protection of the Rights of All Migrant Workers and Their Families (Indonesia); A - 98.7. Ratify CEDAW and CRC as soon as possible (Germany); A - 98.8. Accede to the core human rights instruments to which it is not yet a party, particularly CRC and CEDAW (Australia); A - 98.9. Ratify CRC and CEDAW (Costa Rica); A - 98.10. Take steps to accede to CRC, and ratify the United Nations Convention on Transnational Organized Crime and its Protocols (Philippines); A - 98.11. Ratify CRC and its Optional Protocols (Portugal); A - 98.12. Ratify CRC, including its two Optional Protocols (Norway); A - 98.13. Consider the ratification of CRC and its Optional Protocols (Chile); A - 98.14. Ratify CRC and ensure from the beginning that all measures to be adopted for children incorporate its provisions (Uruguay); A - 98.21. Ban FGM by amending the penal code and implement a total elimination of such practice (Italy); A - 98.22. Follow through on its stated intent to amend its penal code with provisions to prohibit the harmful practice of female genital mutilation (Norway); A - 98.23. Amend the Penal Code to prohibit the practice of female genital mutilation (Canada); A - 98.24. Amend the Penal Code with provisions to prohibit FGM as soon as possible (Netherlands); A - 98.25. Introduce amendments in Somalia's Penal Code on widespread practice of FGM (Portugal); A - 98.26. Criminalize the practice of female genital mutilation (Australia); A - 98.27. Take all necessary legal and practical measures to eliminate FGM, including considering amendments to the penal code with provisions to specifically prohibit this practice (Islamic Republic of Iran); A - 98.28. Take all legal measures available to prohibit FGM and ensure effective implementation, particularly in terms of prevention, awareness-raising, monitoring and sanctions (Belgium); A - 98.29. Reform its Penal Code to criminalize FGM and approach all this process in an integral manner (Costa Rica); A - 98.54. Implement a comprehensive national policy to prevent the use or recruitment of child soldiers and undertake all efforts to provide opportunities, especially educational ones, for children (Uruguay); A - 98.55. Develop an integrated national plan of gender equality that criminalizes FGM and take practical measures to eradicate it, requesting the necessary assistance (Uruguay); A - 98.56. Put in place a Comprehensive Plan on Gender Equality that criminalizes FGM (Spain); A - 98.59. Take into account, in its efforts to promote and protect human rights, the specific needs of such vulnerable groups as children, women, persons with disabilities and the elderly (Thailand); A - 98.60. Take specific measures to counter serious violations of the human rights of women, such as gender-based violence, inadequate after-care for victims of such crimes, forced marriage, and female genital mutilation (Japan); A - 98.61. Utmost efforts should be made to address issues affecting children, including poverty, the recruitment of under-age soldiers, and a lack of access to education (Japan); A - 98.80. Adopt measures to prevent, penalize and eliminate all forms of violence against women, including stoning, rape, marital rape, sexual violence of all kinds in the framework of armed conflict, domestic violence, forced marriage and FGM (Argentina); A - 98.81. Implement an awareness and education campaign, in cooperation with community and religious leaders, aimed at ending the practice of female genital mutilation and other forms of violence against women (Canada); A - 98.82. Redouble efforts to end traditional practices against human rights of women such as FGM (Mexico); A - 98.83. Establish effective and impartial vetting procedures to ensure that their armed forces and police do not recruit persons under the age of 18 (Hungary); A - 98.84. Take measures, such as impartial vetting, to ensure that persons under the age of 18 are not recruited by Transitional Federal Government's security forces (Canada); A - 98.85. Immediately release all children recruited into the Transitional Federal Government's security forces and the establishment of rigorous vetting procedures to ensure that the armed forces and police do not include persons under the age of 18 (Austria); A - 98.86. Continue with efforts to stop the recruitment and use of children in the country and to work closely with the United Nations and other relevant parties to ensure their demobilization (Malaysia); A - 98.87. Take decisive action where possible and introduce measures to ensure that no children under the age of 18 are recruited (Ireland); A - 98.88. Cease the use of children as combatants (United States of America); A - 98.89. Take every necessary measure to ensure that no children under the age of 18 are recruited into armed forces, releasing unconditionally all children previously recruited (Slovakia); A - 98.90. Actively seek the unconditional release of all children associated with its armed forces and those of its allies (Portugal); A - 98.91. Establish effective and impartial procedures to ensure that the armed forces and the police do not recruit persons under the age of 18 (Portugal); A - 98.92. Take all appropriate measures to eliminate these forms (child labour, child soldiers, and street begging) of exploitation of children (Slovenia); A - 98.93. Address the prevalence of exploitative child labor by enforcing its labor laws (United States of America); A - 98.95. Provide for reintegration projects for children and women escaping from Al Shaabab- controlled areas (Italy); A - 98.107. Strengthen and where appropriate develop mechanisms to address impunity and incidences particularly of trafficking in persons and gender violence including sexual violence against women and children including through capacity building and technical assistance as requested by the TFG from relevant multilateral and bilateral partners (Malaysia); A - 98.112. Amidst reports of systematic instances of rape and sexual violence against women and children, prosecute rape as a crime of war in accordance with Security Council resolutions 1325 (2000) and 1820 (2008) (Israel); A - 98.135. Establish free and compulsory primary education and ratify the Convention on the Rights of the Child and its Optional Protocols (Hungary); A - 98.137. Strengthen capacities and skills of educational institutions with a view to their rehabilitation (Oman); A - 98.138. Develop a national action plan with a view to ensure free and compulsory education (Uruguay); A - 98.139. Strengthen efforts to spread education, especially for women and children (Saudi Arabia); A - 98.142. 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 (Turkey); No recommendations were rejected No recommendations were left pending
3rd May, 3pm to 6pm
UN Compilation
Stakeholder Compilation
Accepted and rejected recommendations