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)
93. The Ministry of Interior and Federal Affairs is continuously developing policies, programmes and plans aimed at raising the living standard of refugees and internally displaced persons (IDPs) with a view to achieving a sustainable improvement in their quality of life and in the services provided. The Ministry also undertakes studies and research, focusing on vulnerable groups (such as women), and engages in strategic consultations in cooperation with relevant stakeholders. This Ministry, together with other line ministries, is taking the lead in devising a policy aimed at addressing the situation of refugees and displaced persons and facilitating their voluntary return. Key components of this policy include the formulation of a policy on migration management systems, addressing displaced persons and returnees with special needs issues.
94. The African Union Mission in Somalia (AMISOM) and the Somalia National Army launched two military offensives in 2014 to push armed insurgents out of the major cities in south-central Somalia. The ongoing military operation has led to an increase in the number of additional IDPs. While a national legal framework for refugees and IDPs is being developed by the government, joint working arrangements have been utilised with local administrations. Following the recent events in Yemen and the resulting refugees influx into northern Somalia, the Ministry, with Federal States cooperation, has coordinated its provision of assistance to these refugees fleeing the conflict in Yemen.
95. The FGS has signed, together with the Government of Kenya and UNHCR, a tripartite agreement, aimed at guiding dialogue on the voluntary repatriation of Somali refugees in Kenya, in line with the principle of non-refoulement. Both the FGS and Kenya participated in the High Commissioner's Global Initiative on Somali Refugees meeting in Addis Ababa. After which the Somali Prime Minister visited the Dadaab refugee camp in Kenya. The Ministry of Interior is currently guiding the ongoing regional dialogue on this issue.
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.
D. Protection of minorities (Recommendation 59, 62)
97. The SPC provides several avenues for the protection and strengthening of minority peoples’ personal and collective rights. Minority communities’ issues are addressed within the purview of vulnerable and marginalised groups.
98. A significant measure that ensures the inclusion of minority groups’ representation in government and parliament is the 5.0 political power sharing system, which allocates a certain amount of seats in parliament and government positions to different groups including minorities. Article 27 (5) of the SPC obligates the State to support minorities that have long suffered from discrimination to realise their socio-economic rights. To this end the FGS has been working on policies regarding affirmative action programmes that will mitigate the suffering of vulnerable groups due to past discrimination.
99. The Ministry of Constitutional affairs is working to include articles that strengthen the position of minorities in the constitution. The MWHR has travelled to different regions of Somalia during the ongoing States formation process to advocate for minorities groups representatives to be included in this process. Through the efforts of this Ministry, all State formation committees have now one or more members representing the minority groups in that region. In addition, the FGS is in the process of establishing policies that will obligate the State to provide for adequate representation of “marginalised groups” in all levels of government, execute affirmative action on behalf of these groups, and promote the use of minority languages and the free expression of traditional cultures.
VIII. Good practices
100. The National Human Right Roadmap and attached action plan is designed to ensure the full implementation of fundamental human rights and freedoms, which are guaranteed under the SPC and human right treaties ratified by Somalia. This will enable the nation to conduct human rights protection and promotion activities in a coordinated and effective manner.
101. The fragile post-conflict situation in Somalia is a challenge for the FGS. A situation that, if not addressed accordingly, will hamper the implementation of the Roadmap and related Action Plan. This is a risk that the FGS is fully aware of. Nevertheless, the government is resolute that the putting into practice of the enjoyment and protection of human rights for all Somalis will remain a priority that will be handled with the urgency it requires.
IX. Challenges in the promotion and protection of human rights in Somalia
102. Some of the challenges facing Somalia in this regard include poverty, resource constraints and lack of institutions capacity. The volatile post-conflict environment adds to the complex situation of Somalia and impedes the creation of sustainable strategies and programmes for the promotion and protection of human rights in all regions of Somalia.
103. Many crucial factors can be named in the delayed development of government institutions, such as the building of civil servant capacity and the formation processes of the Federal States. In addition, newly emerging Federal States will need time to adjust to their role and mandate in a new Federal Somalia. The risk that the FGS is actively attempting to avoid is that human rights protection and promotion becomes less of a priority among the overwhelming amount of development initiatives that are currently ongoing.
X. Request for technical assistance
104. Somalia appeals to its international partners in peace to stay the course and support the government in the implementation of the National Human Rights Roadmap and its Action Plan. To this end, the FGS is requesting the international community to provide all necessary technical and financial assistance, in line with the resolutions adopted by the Human Rights Council, regarding capacity development to enable a Somali-led sustainable protection and promotion of human rights in all regions of Somalia.
105. As previously stated, the FGS is firmly committed to the implementation of the Roadmap’s Action Plan. The lack of technical capacity and resources is the primary cause that has delayed the implementation process so far. Therefore, to speed up and guarantee effective implementation of the Action Plan, the government requires continues support to ensure that this action plan is mainstreamed into existing support frameworks for Somalia, such as the Peace and State-building Goals.