SOMALIA: CHILDREN'S RIGHTS REFERENCES IN THE UNIVERSAL PERIODIC REVIEW

Somalia - Twenty Fourth Session - 2016

22 January 2016, 9:00–12:30

 

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National Report

Compilation of UN Information 

Stakeholder Information 

Accepted and Rejected Recomendations 

 

National report

III. Normative and institutional framework

C. Legislation (Recommendations 30–32, 78, 153)

15. One of the core functions of the Somali Federal Parliament is to create, debate and enact legislation. Since its formation in 2012 the NFP adopted 15 different laws. The following legislation is passed by parliament to safeguard human rights through legislation making: ...Convention on Rights of the Child (CRC)...

E. Justice system (Recommendations 30, 37, 38, 41, 43, 52, 59, 99–101, 104, 117, 141, 142, 151, 153)

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, through the National Land Complaints Commission, aimed at restoring property rights to rightful owners that have lost de facto ownership due to their minority status or lack of resources. This is done, ad interim, by using land registration information established before 1990 and the use of witnesses declaration. Also 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.

F. Security (Recommendations 3, 46, 52, 54, 61, 83–95, 114)

29. The Ministry of Defence and the Ministry of Internal Security are leading the process involving integration of formal and informal security sector actors. The Federal States are implementing this integration process, while preventing underage recruitment and ensuring the release of children associated with armed entities. The Federal States are also engaged in the integration of local security forces and former militias and ensuring full compliance with human rights, gender and child protection standards.

30. The FGS’s National Programme for Disengaged Combatants addresses the more than 300 disengaged combatants in the country, with immediate focus on south central Somalia. This milestone programme adds to the military and political approaches to mitigating terrorist threat, and contributes to promoting peace and stability. This programme is aimed to achieve sustainable reintegration and reconciliation, putting an emphasis on the specific needs of female combatants and their dependants as well as child combatants.

32. The FGS has undertaken a variety of interventions to disseminate human rights to prosecutors, the police, prison administrators and members of the military. 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, children, minorities and persons with disabilities. 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. Nevertheless, as the support from the international community is vital in achieving these goals, the government requires its partners to continue and increase their support efforts.

G. Compliance with International Humanitarian Law (IHL) and human rights (Recommendations 48, 71, 73–77, 105, 106, 114–116)

34. AMISOM has conducted IHL and human rights training for SNA commanders and Training of Trainers for 30 SNA military schools commanders and planning and execution officers. A total of 10.700 SNA soldiers, more than 1600 in Jubaland region, are trained in UN Human Rights Due Diligence. Concerning the training of soldiers, AMISOM supported by UNSOM, continued to conduct mandatory pre-deployment Training in human rights and IHL. Mission-specific training on key principles of IHL for senior AMISOM officers is provided, on issues such as sexual exploitation, child protection and Somali culture. Also, AMISOM has established policies to investigate civilian casualties to enhance protection of civilians. Moreover, To minimise civilian casualties, AMISOM has developed an Indirect Fire Policy, a Mission Wide Strategy on Protection of Civilians and issued Legal Directives on Operations relating to IHL compliance.

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.

IV. Additional progress made in the follow-up to the previous review

A. Promotion and protection of human rights: Status

Implementation of international human rights obligations (Recommendations 1–17)

38. Somalia is committed to implementing obligations arising from the human rights treaties and conventions that it has ratified. The FGS has to the best of its capacity and capability implemented some of the first cycle recommendations. A major milestone is that Somalia has ratified the United Nations Convention on the Rights of the Child (CRC) and that MWHR is working on implementing this treaty. During the writing of this report, Somalia has become the 97th State Party to ratify the Convention on Cluster Munitions. The FGS has become a State Party to three additional International Labour Organisation conventions, namely: the Worst Forms of Child Labour Convention, Right to Organise and Collective Bargaining Convention and the Freedom of Association and Protection of the Right to Organise Convention, bringing the total of ILO conventions of which Somalia is a State Party to six out of eight conventions.

39. The FGS is preparing to sign and ratify a number of international treaties such as: the International Covenant on the Elimination of all forms of Discrimination Against Women, (CEDAW) the International Convention on the Rights of Persons with Disabilities, the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, the African Charter on Human and Peoples’ Rights and African Charter on the Rights and Welfare of the Child and the Geneva Convention’s additional protocols (I, II and III).

40. Reporting: Somalia is currently working on initiating the required timely and comprehensive reports, relating to the treaties it ratified, to UN Human Rights Treaty Bodies and Committees. Somalia is a signatory state party to the following UN Human Rights treaties: International Convention on the Elimination of All Forms of Racial Discrimination, Geneva Conventions I, II, III and IV of 1949, International Covenant on Civil and Political Rights, Optional Protocol to the International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In addition, 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. The FGS is committed to fulfil reporting obligations relating to the conventions it has already signed and ratified. However, due to the technical and financial constraints the government is unable to meet most of its reporting obligations.

National Human Rights Institutions activities (Recommendations 33–36)

42. Voluntary Commitments and pledges: Somalia endeavours to uphold human rights as universally shared principles and norms as enshrined in the United Nations Charter, the Universal Declaration of Human Rights and other relevant international human rights instruments. In this connection, major steps are being taken to develop various mechanisms to uphold the principles of equality, social harmony, tolerance and non- discrimination, access to justice, including upholding the rights of children, women, minority groups, disabled and disadvantaged groups.

B. Right to education (Recommendations 54, 61, 134–139, 153)

67. Somalia has one of the world’s lowest enrolment rates for primary school aged children. Only 42% of children are in school, of which 36% are girls. The number of out of school and at‐risk children and youth aged 6–18 years has been estimated as being 4.4 million, out of a total estimated population of 12 million. Combined with concerns about the effects of weakened resilience and growing vulnerability, due to the series of conflict, the FGS firmly believes that this situation calls for a paradigm shift in the way Somali education administrations prioritise education challenges and their response to these challenges. The northern regions of Somalia may be starting from a higher base, but all regions face common education sector challenges. To curb the negative effects of poor education the FGS has given high priority to the right to education to ensure achieving their goals. The strategic direction of the education sector is to guarantee access to education at all levels. The Ministry of Education (MoE) has worked since the latest review to create systematic and innovative approaches which balances short term urgent needs with a long term vision for a sustainable education system.

68. Education services in Somalia are provided by different stakeholders, including Community Education Committees (CECs), religious groups, regional administrations, NGO’s, education umbrella networks and community based organisations. Due to the widespread existence of CECs throughout Somalia, 95 percent of schools have been found to have functioning CECs.

69. In 2012, the Somali Ministry responsible for education has conducted the consultative process of developing Education Sector Strategic Plans (2012–2016). Given the recent conflict situation in the Central and Southern Somalia regions and the capacity challenges in the two northern regions of the country, this achievement is a major milestone for all the regions of Somalia. This effort by the FGS has been rewarded with membership of the Global Partnership for Education (GPE) – making the FGS the first Somali government to be accepted by the GPE. This recognition has since translated into a significant offer of support, over three years.

70. In an endeavour to respond to these urgent education needs, the Minister of Education initiated the development (with the assistance of UNICEF) of a comprehensive strategy for enabling 1 million additional children and youth to claim and enjoy their right to education in 2013. Out of this request, the concept of the Go‐2‐School: Educating for Resilience (2013–2016) program was created, enabling an estimated 250,000 children and youth to go to school at the end of 2014. The Ministry is confident that this number will rise exponentially in the coming years. A special emphasis is placed on the enrolment of girls and children from vulnerable groups.

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.

72. The existence of local education coordination mechanisms for enhanced harmonisation, although fragile, this has led to reduced duplication of efforts and improved transparent use of resources within the sector. Due to active awareness and engagement campaigns of the MoE, with the support of international partners, local governments across Somalia recognise the importance of education for economic growth. The capacity development programmes over the last 3 years have begun to positively impact the capacity of the education related ministries in terms of planning, policy development and implementation.

73. Systems strengthening initiatives such as the development of an effective Education Management Information System (EMIS) have resulted in improved evidence‐based planning. Financial systems in the northern regions of Somalia have undergone reforms, albeit limited, making them more transparent and accessible. Improved Quality Assurance Systems, as well as development of Grade 8 and Form 4 Examinations Systems and Measuring Learning Achievement assessments for Grade 4 and 5 suggest that parts of Somalia benefit from a more robust education system that can absorb more learners and retain them. The MoE is committed to also bring this positive change to other regions in Somalia. Increased access to several areas of Somalia, especially in central and southern regions, has greatly improved routine monitoring resulting in enhanced reporting and opportunities to make appropriate programme adjustments.

74. The MoE is noticing growing donor confidence that is expressed through the increase in supporting the ministry led education programmes rather than individual projects.

C. Right to health (Recommendations 21–29, 55, 56, 80–82, 134)

76. The JHNP aims to support sustained and improved health care and nutrition services for Somali women, girls, children and their communities, to achieve reduced maternal and child mortality. In addition, it aims to improve the capacity and leadership of the Somali health agencies in managing and coordinating the health sector’s development. A JHNP specific ‘Somali Compact for Achieving the Health MDS was agreed between all stakeholders and signed on 4 October 2013. The Somali health authorities are working closely with the co-implementing UN agencies to develop new strategies of engagement, which has led to increasingly inclusive Somali-led health and nutrition sector reforms, improved results delivery, effective harmonisation, enhanced coordination with the international community and a strengthened system of mutual accountability and transparency.

77. The health authorities have been successful in developing a nutrition plan of action. And also conducting assessments of the ‘Public Health Law’ and on ‘Right to Health’. 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.

79. To provide sustainable access to a safe water supply in rural settlements, the government together with UNICEF promoted the use of renewable energy by using solar powered pumps. To alleviate harmful sanitation and hygiene behaviours, empowering of communities in understanding and acknowledging the health benefits of improved hygiene and sanitation practices, especially the elimination of open defecation, has been actively promoted.

80. Although an immense amount challenges still need to be addressed, concrete steps have been undertaken since the last review to improve the health sector in Somalia. The Somali health authorities have worked closely with UN agencies to achieve this and they are optimistic that much more will be done given the gradually increasing capacity of the FGS. The following is a non-exhaustive list of achievements in the health sector since the last review:

• Polio vaccine administered to 923,580 children, measles vaccine to 744,077 children and pentavalent vaccine to 177,079 children. 885,822 women were immunised against tetanus. Oral rehydration salt (ORS) was provided to 917,254 children. 
• Essential drug list was developed for all three zones. 
• Standard treatment guidelines and clinical guidelines were finalised. 
• Strengthen nine Midwifery schools in all three zones. 
• 32 post-basic midwives have completed their training. 
• Training of trainers on modern contraception and birth spacing counselling was completed. 
• More than 120 health workers were trained on maternal health and child health services in all three zones. 
• 86 trained midwives and nurses were trained in basic emergency obstetric. 
• Three maternity waiting homes providing basic obstetric, ante/post natal services and neonatal care have been made functional. 

• Fourteen facilities were supported to provide Basic Emergency Obstetric and Newborn Care services.

VII. Groups in need of special protection

A. Women (Recommendations 2, 4–9, 15, 31, 55, 56, 58-60, 62, 78–80, 82, 107, 111, 112, 118, 129, 139)

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.

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;
• Adoption of the national policy on the eradication of FGM, the related bill is developed by the MWHR; 
• National FGM task force operationalised, lead by the MoWHRD; 
• Formulation of the policy framework on the African Charter on the Rights and Welfare of the Child; 
• Three GBV centres and two safe houses operationalised in Benadir, providing GBV victims emergency treatment, psychosocial counselling and refer to legal aid; 
• The National Coordination Steering Committee on child protection has been established; 
• Establishment of the Oversight Steering Committee on the implementation of National Action Plan for Gender Equality; 
• In the process of establishing rules on the treatment of women prisoners and non- custodial measures for women offenders in line with the ‘Bangkok Rules’; 
• Rehabilitation of an Institute for Children and Vulnerable Women funded by the MWHR; 
• Development of the Human Rights Road Map (HRRM) by the ministry, with supported by UNSOM; 
• Attorney General office established special unit on Sexual violence; 
• Finalising the bill to establishment the Independent Human Rights Commission and sending it to parliament debate and enactment; 
• Technical committee to prepare CEDAW ratification set up. 

B. Children and youth (Recommendations 3, 14, 54, 59, 61, 83–93, 95, 107, 112, 139)

87. Despite political volatility, insecurity, access limitations and limited resources, the FGS has made significant advances since the last review working on Somali women and children issues. The historic milestone of the President signing the United Nations Convention on the Rights of the Child (CRC) in January 2015, after parliamentary approval. This momentous breakthrough provides the basis for further institutional building and government capacity development, given the requisite framework to protect children’s rights, including upgrading legislation and policy.

88. A significant milestone was the FGS’s commitment to protect children by signing the Standard Operation Procedures on reception and handover of children from armed groups. Also, the government works with UNICEF to implement the global campaign “Children, Not Soldiers” and the Action Plans signed by the FGS in 2012, one on ending the recruitment/use of children and the other on ending the killing and maiming of children. The Prosecutor’s office has conducted enquiries into incidents of grave child rights violations that were reported in different areas of Somalia. Moreover, this office brought suspects to Mogadishu to stand trial and worked with relevant ministries to fly out victims for treatment. The government is committed to further improve the monitoring and establishing measures to prevent these grave violations against children.

89. The government continued its effort for the release and reintegration of children recruited by armed forces and groups. This is done through the establishment of the Serendi rehabilitation centre for disengaged fighters of armed groups. The purpose of this centre is to rehabilitate adults and children formerly associated with armed groups before reintegrating them into society. The reintegration interventions include the opportunity for the former fighters to go back to enjoy (in)formal education, vocational and livelihoods skills training, psychosocial guidance, tracing and family reunification and placement into foster care families. Since the latest visit of the Special Representative of the UN Secretary- General for Children and Armed Conflict the management of Serendi has reviewed and significantly changed the procedures and policies of the centre, making it more transparent and open to independent monitoring. Noting that 64 disengaged child fighters have been transferred to child appropriate facilities better equipped for their specific needs.

90. With regard to the right to health for Children, The MoH worked with UNICEF and WHO to ensure the containment of the spread of Polio and marking the one year anniversary without new Polio cases reported. The ministry supported Unicef to expand the Essential Package of Health Services that reached 4.2 million people. This programme is aimed at strengthening maternal, neonatal and child health, which includes programmes on reproductive, communicable disease, surveillance and control, water and sanitation promotion, first-aid and care of critically ill and injured, treatment of common illnesses and HIV, sexually transmitted infections and tuberculosis. The Ministry has worked on a nutrition programme, which principally was aimed on increasing the availability and range of available services, both at the facility and community level. Regarding policy level interventions, the ministry has worked, with support by different international agencies, on the development of several health and nutrition related policies.

91. The FGS, in cooperation with international organisations, has made overall progress, since the last review, on improving Somali children’s access to justice, social services and the establishment of a minimum package regarding a functional child protection system. Moreover, the government is working with the UN on legal revision through the UN Joint Rule of Law Programme. 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.

92. The MoE supported Unicef to ensure children and youth groups’ participation in child protection activities by establishing 500 child rights clubs promoting safe and protective learning environments in schools across Somalia. community-based child protection mechanisms were effective in preventing and responding to threats to children’s wellbeing with community-based child Protection implemented in 28 districts. The programme aims to empower communities to take on protection of child rights and violations, while taking action to prevent recurrences, and to provide support to children. This approach included child protection committees, advocates, internally displaced focal points and community ‘safety nets’.

C. Refugees and internally displaced persons (Recommendations 140–142)

96. Despite the fragile security situation in Somalia, refugees have started to return voluntarily. In response to signs of improving stability in Somalia, at the end of 2014 and early August 2015, almost 3000 Somali refugees have returned to the districts in south Somalia. Moreover, comprehensive development efforts are planned for several districts in the southern and central regions. These efforts aim to strengthen access to employment opportunities as well as health, education and other public services to anchor returns in Somalia. The tripartite is designing a portfolio of humanitarian and development projects with the aim of creating a solid foundation for strengthening the resilience of the refugee, preparing refugees for durable solutions and creating conditions in Somalia that are conducive to meaningful and sustainable reintegration.

 

Compilation of UN Information 

I. Background and framework

A. Scope of international obligations1

1. International human rights treaties

2. The Committee on the Rights of the Child, the Special Representative of the Secretary-General for Children and Armed Conflict, the Special Representative of the Secretary-General on Violence against Children, and the United Nations Educational, Scientific and Cultural Organization (UNICEF) welcomed Somalia’s ratification of CRC on 1 October 2015.16 The Special Representative of the Secretary-General for Children and Armed Conflict also called on Somalia to sign the CRC optional protocols, in particular OP-CRC-AC.

II. Cooperation with human rights mechanisms

C. Cooperation with the Office of the United Nations High Commissioner for Human Rights

14. Security Council resolution 2102 (2013) establishing the United Nations Assistance Mission in Somalia (UNSOM) provided the Mission with a strong human rights mandate, including monitoring and helping to investigate and prevent any abuses or violations of human rights or violations of international humanitarian law committed in Somalia. In addition, the mission was mandated to help build the capacity of the Government on human rights, women’s empowerment, child protection, the prevention of conflict-related sexual violence, and the rule of law. Accordingly, the UNSOM Human Rights and Protection Group is discharging the mission’s human rights and protection mandate,34 reporting to the Head of the mission and the United Nations High Commissioner for Human Rights.

III. Implementation of international human rights obligations, taking into account applicable international humanitarian law

A. Equality and non-discrimination

16. The Independent Expert indicated that discrimination and gender inequality had been further accentuated over the years. There was a need for measures to deal with gender- parity issues, including in the field of education and in the labour market.

28. The Human Rights Council strongly condemned the serious and systematic human rights violations and abuses perpetrated against members of the civilian population, including women, children, journalists, parliamentarians and human rights defenders, by Al-Shabaab and its affiliates, and called for the immediate cessation of those violations and abuses.

32. The Independent Expert noted that there was no clear separation of individuals sentenced by military courts and individuals sentenced by civilian courts. The same applied to those sentenced or tried on charges of national security offences and those sentenced or tried for common crimes. That posed serious concerns in terms of both internal security and the rehabilitation of prisoners. In practice, there was no separation of adults and juveniles in detention.

33. The Independent Expert stated that violence against women occurred on a daily basis, in the family, as a result of the conflict or in camps for internally displaced persons. Women and young girls faced double victimization because, after being violated, they often had no effective justice and support system to turn to. UN-Somalia stated that gender- based violence, including rape, psychological abuse, physical assault, female genital mutilation, forced marriage and the denial of resources, opportunities and services, continued to be perpetrated with impunity. The Independent Expert noted that female genital mutilation was still prevalent and almost universal, affecting about 95 per cent of women and girls.

36. The Secretary-General noted that acts of sexual violence continued to be committed against internally displaced women and girls in settlements in Mogadishu and surrounding areas. In some cases, the victims were subjected to repeated and systematic sexual violence.66 The Secretary-General and UN-Somalia stated that members of minority clans were exposed to the greatest risk. The main perpetrators of sexual violence were unidentified armed men. There were also reports implicating the Somali National Army, the Somali police forces and Al-Shabaab, as well as some allegations against AMISOM contingents.67 The Independent Expert made similar comments.

37. The Secretary-General noted that the Penal Code considered sexual violence a crime against morals rather than a crime against the person. Most survivors depended on traditional justice mechanisms, including customary law and sharia law, which were often not supportive of survivors’ rights. They were frequently forced to marry their rapists as a form of “restitution”. The Special Representative of the Secretary-General on Violence against Children, after her visit to Somalia in April 2013, noted that there existed a deep culture of silence and fear regarding crimes of sexual violence, which had a significant impact on reporting and response.

38. According to the Independent Expert, armed militias and clan militias, as well as Al- Shabaab, were forcing girls into marriage. In “Somaliland”, there were reports that, owing to a lack of legislation stipulating a minimum age for marriage, early forced marriages often occurred with the acquiescence of religious leaders.

40. During the January-December 2014 period, the Secretary-General noted the documentation of the recruitment and use of 819 children (779 boys and 40 girls): 437 by Al-Shabaab; 197 by the national army and allied militia; 109 by Ahl Al-Sunna wal-Jama’a; and 76 by other armed elements. He expressed particular concern about the ongoing recruitment and use of children by clan militias. Al-Shabaab had sustained a campaign of recruitment targeting children and youth in mosques and schools. Reports had also been received of five boys used by AMISOM in support functions.

41. The Special Representative of the Secretary-General for Children and Armed Conflict expressed concern about the continued recruitment and use of children in the ranks of the Somali National Army and associated militias, and called upon the Federal Government of Somalia to take all necessary measures to ensure the immediate identification and release of such children.

42. The Secretary-General remained concerned about the detention of children and stressed that the Government must ensure that any child deprived of his or her liberty for alleged association with armed groups was treated primarily as a victim and handed over to child protection actors.

43. The Special Representative of the Secretary-General for Children and Armed Conflict called upon the Federal Government of Somalia to consider alternatives to the detention of children and stated that, in any circumstances, the deprivation of liberty of children should be a measure of last resort and for the shortest possible period.

C. Administration of justice, including impunity, and the rule of law

48. UN-Somalia indicated that, owing to the lack of a birth registration system, children were not able to prove their age and access protections provided by law. Children were regularly charged with criminal offences as adults, and incarcerated with them.

G. Right to social security and to an adequate standard of living

58. The Secretary-General indicated that about 730,000 Somalis, of whom 76 per cent were displaced people living in urban areas, were still unable to meet their basic daily food needs. An additional 2.3 million people were at risk of sliding into the same situation if assistance was not provided. Meanwhile, nearly 203,000 acutely malnourished children required emergency nutrition supplements and access to clean water, sanitation infrastructure and better hygiene services. The Independent Expert noted that military gains made with regard to recovering territories from Al-Shabaab had not translated into the opening up of access for humanitarian actors to easily deliver basic services in newly liberated areas.

62. The Independent Expert indicated that water collection duties and lack of adequate or appropriate sanitation facilities kept girls out of school. In addition, water-related diseases, such as diarrhoea, resulted in huge losses of school days each year.

H. Right to health

66. UN-Somalia added that two thirds of children were not immunized and child mortality rates were unacceptably high; 1 out of every 10 Somali children died before seeing his or her first birthday. At least 20 per cent of diseases in children below the age of 5 were related to poor maternal health and nutrition, as well as the quality of childcare during delivery and the first few weeks of life.

68. UN-Somalia stated that almost half of the deaths of children under the age of 5 were attributed to diarrhoeal diseases and pneumonia. Only 24 per cent of people had access to improved sanitation. In urban areas, 30 per cent of people shared a latrine and 15 per cent used unimproved sanitation. In rural areas, 83 per cent of people practised open defecation.

I. Right to education

69. The Independent Expert indicated that persistent insecurity, economic collapse and lack of governance, especially in the southern regions, had greatly hampered the development of the education sector. Almost two generations of Somali children had been denied the benefit of formal education. He stressed that special attention was required to promote the right to education for all. New schools and institutions of higher education would have to be opened and damaged ones rebuilt.

70. UN-Somalia stated that women and girls were particularly disadvantaged in terms of education: only 36 per cent of children enrolled in schools, and only 15 per cent of teachers, were female. Some 1.7 million children were out of school. Pastoralist children were especially marginalized.

71. UNESCO also indicated that Somalia could be encouraged to further promote education for all, particularly education for women and children.

K. Minorities

73. The Independent Expert noted that minority groups were estimated to constitute about 4 per cent of the total population and that they lived in conditions of abject poverty, had little or no access to education or other economic and social rights, and had limited political representation in the political process. They suffered numerous forms of discrimination.

M. Internally displaced persons

77. The Secretary-General stated that more than 1.1 million Somalis, the majority of them women and children, remained displaced. During the first two months of 2015, over 40,000 people had been evicted, mainly in Mogadishu, and moved further out onto the outskirts of the city, where access to basic services was limited.

78. UN-Somalia stated that camps and settlements for internally displaced persons in urban areas, including Mogadishu, with inadequate water, sanitation and hygiene facilities put vulnerable urban and peri-urban households at a high risk of disease outbreak. In addition, water, sanitation and hygiene facilities in and around Mogadishu had been areas of increased sexual and physical violence against women and girls due to inadequate lighting and lockable doors.

 

 

Stakeholder Information 

A. Background and framework

1. Scope of international obligations

1. Human Rights Watch (HRW) recommended that Somalia ratify core human rights conventions, including CEDAW, and the three optional protocols of CRC.

C. Implementation of international human rights obligations, taking into account applicable international humanitarian law

1. Equality and non-discrimination

15. JS5 noted land grabbing by male relatives following the death of a husband/father was a problem. Widows rarely inherited land under customary norms and were often deprived of access to their husband’s land if they had no children - land was therefore vested in trusteeship with uncles and other male relatives and inherited by children when they become of age.

16. JS5 recommended that Somalia undertake specific legal reforms to promote non- discrimination and gender equality in marriage, the rights of women during marriage dissolution (including equal share of property, remarriage and custody of children); and rights of widows. Family law should be reformed to address concerns over women’s rights, in law and practice, within the family, including inheritance; share of responsibilities within the household; and decision-making.

19. JS4 stated that there were no laws and policies protecting the rights of the people living with HIV/AIDS in “Somaliland”. Stigma and discrimination impeded their access to services, including education, health and security.

31. HRW indicated that some soldiers deployed as part of AMISOM had sexually exploited and assaulted women and girls in their bases in Mogadishu. In some cases, women and girls had been offered humanitarian assistance, medicine and food in exchange for sex. Few women had filed complaints due to the fear of reprisals and the absence of effective and safe complaints mechanisms. AI noted that sexual and gender-based violence had also continued to be carried out by members of the Somali National Armed Forces (SNAF), armed opposition and militia groups.

33. JS5 stated that early marriage still constituted a severe problem with severe consequences for girls’ health and education.

35. AI indicated that, in 2012, the Government had signed two action plans to prevent and halt the recruitment of children as soldiers, as well as to prevent the killing and maiming of children by parties to the conflict. However, the action plans were yet to be implemented. AI stated that children continued to be recruited by Al-Shabaab and targeted by the group for forced marriage. Government-affiliated militias were also accused of recruiting and using child soldiers.53 HRW expressed similar concern.

36. Joint Submission 6 (JS6) stated that children of 13 years old and over continued to be forcefully trained to be militants by Al-Shabaab in Jubaland area. There was also a lot of child recruitment in parts of Lower Juba, Middle Juba and Gedo and parts of Middle and Lower Shebelle where Al-Shabaab was targeting the Somali Bantus youth and children as young as 10.

37. Global Initiative to End All Corporal Punishment of Children (GIEACPC) stated that corporal punishment was unlawful under the “Somaliland” constitution in some settings, but that it was not prohibited elsewhere in Somalia. Children might lawfully be hit and hurt for “discipline” in the home, alternative care settings, day care, schools and the penal system.56

38. JS4 stated that the age of child was not defined in “Somaliland”. Hence, many children were exposed to risks because of lack of legal clarification about how old they were. “Somaliland” children suffered trafficking, school drop outs, corporal punishment and use of harmful substances. Furthermore, children were victims of FGM, forced/early marriage, rape and other sexual offences.

39. Joint Submission 2 (JS2) stated that children in main cities were usually street vendors, car-washers, and domestic servants. Many girls involved in domestic servitude were not properly paid, if paid at all. Children domestic servants also worked for long hours and were particularly vulnerable to extreme forms of exploitation. Many of orphaned children led their own household and based their livelihoods on an informal enterprise, usually in street vending. Other orphaned children were reported to fall victims of organised crime and were coerced into armed activities.

50. CRIN stated that, under the Somali Penal Code, which was applicable in South/Central Somalia and Puntland, the minimum age of criminal responsibility was 14, however, children under that age might be sent to reformatories.

51. CRIN continued that, in “Somaliland”, the minimum age of criminal responsibility was set at 15 by the Juvenile Justice Act 2007.70 However, JS4 indicated that the latter law was not applied. Children were prosecuted and tried as adults and jailed with adults.71 SLNHRC raised similar concern and indicated that, in some detention centres, juveniles did not have separate cells from adults. Few prosecutors were able to effectively handle cases of children in conflict with the law. Police Officers were not well trained and had limited knowledge about juvenile justice law.

9. Right to health

73. JS5 indicated that the child and maternal mortality rates were very high. Access to health care for women was a challenge, and women suffered from lack of services and access.

10. Right to education

75. JS5 stressed that the education system was facing serious problems, such as lack of facilities and trained teachers. Additionally, there were serious problems of access for girls and children with disabilities. Other challenges included lack of public schools, as most of the schools were private, and people could not afford to pay tuition fees.

76. TDF-Berlin stated that the education sector must be thoroughly invested into and that any gender imbalance measures hindering girls’ participation in education programmes should be examined.

77. TDF-Berlin continued that not only political conflicts but also early marriages affecting girls, health problems triggered by FGM, and other gender discriminative practices that strongly hindered girls from attaining education could be traced as the cause of the dis-functioning education programmes.

78. SLNHRC stated that the overall illiteracy rate was still high amongst women and girls in “Somaliland”. This was due to lack of equal access to education, with boys being prioritized over girls to receive formal education, but also lack of educational access to those living in rural areas.

79. JS4 indicated that education was not structured in a method that allowed nomads to attend and continue education in “Somaliland”. Children from marginalized groups faced challenge in accessing to education while protective policies were not in place.

11. Persons with disabilities

81. JS4 stated that persons with disabilities faced many challenges in “Somaliland”. They were overrepresented among the poor, were more likely than non-disabled persons to be excluded from education, productive employment and decent work, health services, economic and financial resources, infrastructure and participation in all aspects of society such as political participation.

12. Minorities and indigenous peoples

86. JS1 also noted that over half of minority adult women had never attended school. Of those who had attended formal schooling, most had attended only primary school.

14. Internally displaced persons

89. HRW stated that internally displaced women and girls were particularly vulnerable to rape by armed men, including Somali government soldiers and militia members.

90. Concerning recommendation 98.141, HRW stated that, since the last UPR, Somalia had faced a devastating famine that had claimed at least 260 000 lives, half of whom were children, and caused massive displacement within the Somali borders and into neighbouring countries. Somalia continued to face a serious humanitarian situation. Over 700,000 people were in urgent need of humanitarian assistance, and over two million people faced threats to their food security. Humanitarian agencies faced challenges accessing populations in need due to ongoing attacks and restrictions imposed by parties to the conflict.

 

Accepted and Rejected Recommendations 

The following recommendations enjoy the support of Somalia:

135.38 Take all appropriate action in order to combat all forms of discrimination and violence against women and girls (Cyprus);

135.46 Strengthen the dialogue with AMISOM with a view to adopting special measures to protect Somali women and girls against sexual exploitation and abuse (Mexico);

135.55 Prevent and thoroughly halt the use and recruitment of child soldiers and ensure reintegration and access to education for former child soldiers (Japan);

135.56 Step up its efforts to strengthen the mechanisms to demobilize child soldiers and ensure their social reintegration, notably through family reunification and vocational training (Angola);

135.58 Continue to take actions to improve the capacity of the judiciary, including by sensitizing officials working in the judicial branch on issues concerning vulnerable groups such as women, children and persons with disabilities (Malaysia);

135.65 Strengthen efforts towards the protection of women and children’s rights, and ensure thorough investigations of alleged violence against women, including sexual violence (Botswana);

135.77 Take immediate measures to ensure under-nourished children are provided with nutrition supplements and access to clean water (Maldives);

135.81 Take concrete measures to reduce child and maternal mortality rates (Maldives);

135.82 Intensify its efforts in addressing the issues of education, poverty and health (Nigeria);

135.83 Provide necessary resources for promotion of human rights, especially for the right to education and the right to health (Algeria);

135.84  Continue to promote access to education (Pakistan); 

135.85  Enhance its efforts to encourage people to enrol their children in 

schools as well as to improve access to education (Indonesia);

135.86 Continue to strengthen educational policies in order to ensure the necessary conditions for full access to education (Bolivarian Republic of Venezuela);

135.87 Continue to prioritize the realization of right to education as a key national policy to increase child enrolment rate and improve the quality of education (China);

135.88 Make the education of children a State priority and provide all children with the educational opportunities to rebuild schools and protect them (Lithuania);

135.89 Continue enhancing the right to education and provide training services and professional development to the teachers (South Sudan);

135.90 Develop measures to promote education for all, particularly for vulnerable groups, including women, children and persons with disabilities (Republic of Korea);

135.91 Increase its efforts to provide education for all, particularly for women and children, and address inequality in education (State of Palestine);

135.92 Support all stakeholders, including Community Education Committees, religious groups, NGOs in their effort to provide education services to all, with a particular emphasis on access of girls to basic education (Thailand);

135.93 Continue to promote efforts aimed at developing methodological and innovative approaches balancing the short-term needs and the long-term vision in order to establish a sustainable education system (Oman);

135.94  Invest in the education sector, particularly in rural areas (Djibouti); 

135.95  Take measures to ensure equal access to education, especially for  those living in rural areas (Maldives);

136. The following recommendations will be examined by Somalia, which will provide responses in due time, but no later than the thirty-second session of the Human Rights Council, in June 2016:

136.26 Ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, signed in 2005, without reservation, and incorporate it into domestic law (Luxembourg);

136.74 Take measures to counteract serious violations and abuse of the human rights of women and girls, including early forced marriage and FGM (Japan);

136.75 Implement the action plan against sexual violence against women and adopt measures to further criminalize female genital mutilation (Spain);

136.76 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 (Republic of Korea);

136.78 Enact laws to implement the constitutional prohibition on FGM (Philippines);

136.79 Speed up and finalize the process of criminalizing the practice of FGM and take practical steps to eradicate it (Norway);

136.81 Adopt and enact the legislation banning female genital mutilation at the earliest possible stage (Belgium);

136.83 Modify the penal code to legally prohibit all forms of FGM. Complement punitive measures with awareness-raising and educational activities. Consider developing an action plan to intensify efforts for the eradication of FGM (Italy);

136.84 Prohibit the widespread practice of female genital mutilation/cutting in Somalia, including by amending the penal code to ban the practice and bringing legislation into conformity with Article 15 (4) of the Provisional Constitution (Canada);

136.88 Adopt concrete measures to end, as a matter of priority, the enrolment of children in armed forces, including ratifying and implementing the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (Czech Republic);

136.89 Take further steps to protect children, including by implementing the 2014 Child Protection Act and finalizing the ratification of the Convention on the Rights of the Child, taking steps to ratify its Optional Protocol on the involvement of children in armed conflict, and by implementing the 2012 action plans to prevent the recruitment and use of child soldiers by the Somali National Army and allied militias (Canada);

136.97 Establish clear vetting procedures to identify and prosecute individuals responsible for serious abuses of human rights such as torture, extrajudicial killings, recruitment of children and sexual violence – including during recruitment and integration of new forces into the SNAF (Germany);

136.118 Allocate adequate resources for ensuring access to safe drinking water and sanitation, to proper health care services for women and children, as well as to affordable and satisfactory education (Ukraine);

136.119 Ensure equal access to education for girls and children living in the rural areas, including by adopting concrete measures to eliminate early marriages, FGM and other gender discriminative practices which hinder the education of girls (Slovenia);