A/HRC/WG.6/24/SOM/1 General Assembly Distr.: General 28 October 2015 Original: English

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GE.15-18776(E)

Human Rights Council

Working Group on the Universal Periodic Review Twenty-fourth session

18-29 January 2016

National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21

*

Somalia

* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.

United Nations A

/HRC/WG.6/24/SOM/1

General Assembly

Distr.: General 28 October 2015

Original: English

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I. Introduction

1. The Federal Government of Somalia (FGS) presented its first cycle Universal Periodic Report (UPR) in 2011. This national report provides updates on implementation of the accepted UPR recommendations and the progress achieved since the last report. The FGS has made significant progress in the implementation of the 2011 UPR recommendations, including additional legislative measures to further strengthen the institutions that play a key role in the protection and promotions of human rights in Somalia. Nevertheless, while the FGS remains committed to the implementation process of the first cycle UPR recommendations, there has been a number of challenges impeding this process, which will also be addressed in this report.

2. There have been many complex developments in Somalia since the last UPR report.

The most significant ones being the security, the end of the transitional status of the government and the Federal States formation process that the country is undergoing. The Somali National Army (SNA) and the African Union forces (AMISOM) have made progress in the fight against terrorist groups in different regions of Somalia and enabling humanitarian access to those regions. Furthermore, the transition period has ended with this current government having full government authority and recognition since the beginning of the civil war. In addition, the government has been focused on the Federal States formation process, facilitating community leaders from different regions to come together and establish new Somali federal states in accordance with the Somali Provisional Constitution.

3. The report also identifies certain issues that have emerged during the implementation of the 2011 UPR recommendations. Moreover, it is indicated which first cycle recommendations are discussed in the chapters of this report.

II. Methodology used for preparation of the report

4. This report was drawn up in accordance with the general guidelines for the preparation of reports submitted under the Universal Periodic Review (UPR). Taking into account resolution No. 16/21 of 25 March 2011 of the Human Rights Council, which states that the second and subsequent cycles of the review should focus, inter alia, on the implementation of the accepted recommendations and the development of the human rights situation in the State under review.

5. This Report was prepared under the strategic leadership of the Ministry of Women and Human Rights (MWHR). This Ministry, in cooperation with the United Nations Mission in Somalia, is responsible for the co-ordination, preparation and follow up of the second cycle review of Somalia. Focal points appointed by all FGS ministries and regional States provided input on progress, remaining challenges regarding implementation of the aforementioned recommendations and other developments.

6. Central and regional Government officials and civil society organisations (CSO) have been consulted to obtain information, observations and suggestions. A national consultative workshop was held on 3-4 August 2015, followed by extensive consultations.

Finally, a National Validation Workshop with a widely inclusive participation of all aforementioned stakeholders was held on October 13, 2015 to review the draft report and obtain further input to ensure that the report is as comprehensive as possible.

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III. Normative and institutional framework

A. Constitution (Recommendations 18–20)

7. The Somali Provisional Constitution (SPC) of 2012 is the supreme and paramount law. The State is required under the provisions of the SPC to apply principles of equality, freedom, non-discrimination, justice and citizenship, and to guarantee rights and freedoms for the citizens of Somalia. The FGS is currently initiating the process of re-evaluating the SPC.

8. General principles of Human Rights have a prominent position in the SPC and are enshrined in articles such as 10, 11 and 12, which deal with principles such as human dignity, equality between citizens and fundamental rights and freedoms. Other human rights principles acknowledged by the SPC are non-discrimination, protection of the marginalised and minorities, social justice, rule of law, accountability and participation of the people.

Furthermore, the SPC puts an emphasis on the fact that these principles are binding on all state organs and all persons and must be incorporated in all matters of governance. Other SPC provisions related to human rights enjoyment include: nationality, land ownership and citizenship rights; devolved system of government enhancing participation of people in development, protection of marginalised and minority communities, and equitable sharing of resources and power.

9. Provisions such as national citizenship, are currently being expanded through the development of legislation. The principle of separation of powers is enshrined in the SPC.

The executive power of the FGS is vested in the Council of Ministers as stated by Article 97 (1) of SPC. The National Executive comprises of the Prime Minister, the deputy prime minister(s), ministers, state ministers and deputy-ministers, Article 97 (2). The House of the People of the Federal Parliament (FP) is made up of 275 members. The duties of the Parliament is divided over several thematic committees representing special interests such as, but not limited to, education, defence and human rights. Separate from the committees is the office of the Speaker and his deputies, which works on guiding and coordinating the work of the Parliament.

10. The constitutional review process will commence at the end of 2015 through dialogue, inclusive consultations and political negotiation processes followed by a referendum. The FGS has been successful in undertaking activities that concentrated on public outreach and awareness, civic education and dialogue, and facilitation of the establishment of key independent commissions, such as the National Independent Electoral Commission (NIEC), the National Constitutional Review Commission (NCRC) and the Boundary and Federation Commission (BFC). The establishment of these commissions have raised some issues and the government, in recognition of the importance of inclusive politics, have addressed these issues through dialogue. In addition, the FGS will review relevant legislation and harmonise sector-specific laws with the Constitution and international standards.

B. State formation process (Recommendations 31, 40, 49, 50, 53, 58, 62, 129)

11. The Ministry of Interior and Federal Affairs in the lead, is implementing the States formation agenda, which is aimed at the formation of Somali federal state entities. The FGS firmly believes that state formation requires political leadership, enabling legislation, national inclusive dialogue and effective conflict resolution mechanisms. Guided by Vision

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2016, the FGS is facilitating the process of forming interim regional administrations as a predecessor modality to Federal States as stated by the SPC.

12. To ensure that this vital process is inclusive, the FGS is engaging all relevant stakeholders, such as local authorities, traditional and religious leaders, CSO, women and youth. To this end the Ministry of Interior is putting effort into this process by facilitating the negotiations, promoting inclusivity and developing legal framework/legislation. An important aspect that the FGS is focused on is the post-States formation mediation and reconciliation within the communities of the newly established regional States.

13. The Ministry of Women and Human Rights (MWHR) advocates for the inclusion of vulnerable groups in this crucial process. This Ministry is focused on making sure that groups such as women, youth and minorities receive equitable representation in the new regional States’ institutions. The FGS works with AMISOM to ensure that newly established States have access to humanitarian assistance.

14. In the longer-term, the support of the UN to the new Federal States will evolve and programmes will be adjusted accordingly. UN support to Federal States formation process will be ongoing till the referendum.

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: Somali Fishery Law, Labor Laws No. 11 and no. 13, Foreign Workers Bill, Somali Military Treaty with Italy, Boundary Federation Commission bill (BFC), Convention on Rights of the Child (CRC), and the National Independent and Electoral Commission act (INEC).

16. Other legislation that must be enacted in 2016 include:

• Sexual Offences Bill;

• Media Bill;

• General Audit Bill;

• Refugees and IDP’s Bill;

• Disability Bill;

• National Human Rights Commission Bill;

• Telecommunication Act;

• Public Procurement Bill;

• Anti-Money-Laundering Bill;

• Citizenship Bill;

• National Counter-Terrorism Act;

• And some laws crucial for the implementation of Vision 2016, such as the political party law, approval of the BFC and the INEC Commissioners.

17. To enable the Somali public to understand and be aware of the significant work of the Somali legislators, the parliament started a two-hour weekly TV programme aimed to inform the public about all parliamentary committees’ activities. The parliament believes that this will positively enhance the transparency of its work.

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D. Policies (Recommendations 51, 59, 130, 131, 134)

18. Since 2012, the FGS has formulated policies to improve the enjoyment of rights for people in Somalia and enact rights-based policies. National policies and strategies have been adopted, which sets the platform for economic development and political transformation. The FGS is working within the Peace and State building Goals (PSG) framework to implement economic transformation and growth policies to establish a medium to long term vision to elevate the nation from deep-rooted poverty. Through economic reform the government is aiming to enable participation, democratic rule, good- governance and social justice while simultaneously disengaging itself from decades of conflict.

19. The FGS has been able, for the first time in 26 years, to facilitate economic data- collection by IMF researchers. This research showed that economic conditions improved rapidly in 2012-14, with real GDP rising by 3.7 percent during 2014. The recovery was led by growth in livestock (a record export of 5 million in 2014) and fisheries, and an active private sector, notably telecommunications, construction, and money transfer services, mainly associated with the return of Somali diaspora. The FGS is now concerned on how to attain this growth. By continuing to improve security and further facilitate the resurgence of entrepreneurial initiatives, the FGS aims to further economic growth. The estimated economic growth for 2015 is 2.7 percent. A stable macroeconomic environment will contribute to the advancement of human rights in Somalia.

20. Somalia is focused on continuing the expansion of infrastructural development, such as energy, road network, telecommunication, water supply and agricultural irrigation to further enable for economic growth, employment creation and social welfare. In addition, efforts are being put into including vulnerable groups, such as women, minorities and youth in the decision-making process by giving them adequate representation in the different committees debating these issues. The Government, through the PSG’s, is putting in place strategies to realise accelerated and sustained economic growth that will contribute to poverty eradication and achievement of Millennium Development Goals.

21. The FGS aims, through the Action Plan for the implementation of the Human Rights Roadmap, to mainstream human rights within the PSG priorities. However, while the government is taking necessary steps to implement the Action Plan, it requires the support and commitment of its international partners to ensure that the Action Plan priorities are firmly anchored in the PSG process.

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

22. Access to qualified and competent legal aid remains challenging in Somalia. To improve credibility, efficacy and independence of the judicial system, the FGS together with its international partners have strengthened access to justice and legal empowerment for vulnerable groups including women and IDPs. The government is continuing its efforts to better mainstream gender issues in the Somali justice sector. The government firmly believes that sensitising the Somali justice system civil servants to gender issues will aid in the combat against impunity.

23. The Ministry of Justice has been working to re-build the Somali legal system into a competent and sustainable public body. This includes improving the capacity of the judiciary system. The Ministry is focusing on long term legal education and job placement to fill the justice sector with qualified legal professionals. Furthermore, the Ministry is continuously working to enable the justice system to prosecute suspects of crimes such as

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terrorism and piracy, in accordance with due process principles. Concerning piracy, the FGS has worked to interrupt criminal activities at sea, working on strengthening domestic maritime law-enforcement capacity, and addressing the root causes of maritime crime on land. A ban on ransom payments for piracy hostages has not been feasible due to lack of enforcement capacity.

24. The MoJ, with support from the donor agencies has been instrumental in the efforts to strengthen the delivery of fair and rights-based justice services as years of civil war have eroded traditional justice mechanisms. The Ministry has worked on increasing the number of qualified police investigators by 40, qualified judges and prosecutors by 68 and qualified police investigators by 18 since the last review, thereby re-building a solid legal system.

The FGS is strengthening legal and judiciary institutions by increasing the number of officials with formal legal education. More than 30 judges and prosecutors completed a six month judicial training since the last review. They have since entered the Somali justice system, putting their new skills into practice to deliver justice.

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.

26. The government has supported 26 legal internships since the last UPR report, including female interns. Providing them with exposure in the public sector, including key ministries, courts and the police, where they gather on-the-job work experience. These graduates are now working with the police, the Attorney General’s office, the judiciary, legal aid centres, NGOs and the Parliament. The FGS in collaboration with UNDP has provided 3.185 people access to legal aid services in the first quarter of 2015 against the baseline of 15.299 in 2013. A growing number of people are also accessing mobile courts, designed to reach people in rural and hard to access regions. The increased caseload demonstrates the growing demand for and acceptance of this kind of formalised justice.

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

27. The Ministry of Internal Security is leading the process to establish a unified, accountable and rights based security institutions, providing basic safety and security to Somali citizens. The Ministry is undertaking this immense task by focusing on several priority areas, such as strengthening the capacity and accountability of state security institutions recover territory and provide basic safety and security. To enable this, civilian leadership and democratic oversight of the security sector are enshrined in the SPC and security legislation. The National Security Council (NSC) is integrating the National Security Plan Framework, a guiding document for the preparation of policies and plans at cabinet level.

28. The FGS is currently implementing this framework, with the secretariat of the NSC coordinating the various government security stakeholders. This role is increasing the formation of new coordination structures in crucial areas such as maritime security, arms and ammunition and counter terrorism legislation. Moreover, an equal amount of effort is put in the parallel development of both the Somali Armed Forces (SAF) and the Somali Police Force (SPF), including the maritime element of the SPF. To enable these programmes, the Ministry of Internal Security together with other ministries are working on

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the development of a community-based security sector strategy aimed at involving and sensitising local communities, to add value to the top-down capacity-building approach for the SAF and SPF.

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.

31. The Somali Maritime Resources and Security Strategy is established through a broad-based consultative process that includes promulgation of the Exclusive Economic Zone (EEZ). This strategy is aimed at the sustainable development of the maritime sector.

A roadmap for implementing this strategy has been developed, which will be implemented till 2020. The FGS is working to ensure that this overarching policy initiative will be put in place, which will need to be supported by developmental activities in the maritime security sector, such as refurbishment of operational and training infrastructure, training personnel and the development of a Command and Control structure.

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)

33. The FGS has taken steps to ensure that its military forces and AMISOM comply with international humanitarian law (IHL) and human rights. Nevertheless, while aware that AMISOM is committed to adhering to these fundamental principles, incidents that deeply concern the FGS have taken place since the last review. As a result, the FGS increased its engagement and monitoring of the work of AMISOM to ensure full compliance with IHL and human rights norms. To do this the FGS has requested AMISOM to have full access to relevant information and data arising from operations.

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

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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.

35. In accordance with UN Security Council resolution 2124, which requires AMISOM, UNSOM and UNSOA to collaborate in the implementation of the UN Secretary-General’s Human Rights Due Diligence Policy (HRDDP), a Joint Working Group on HRDDP has been established. The FGS has welcomed the work of this working group, starting with the development of a report on mechanisms of SNA, AMISOM and UNSOM, discussing existing gaps and making recommendations to ensure better compliance with the HRDDP.

The government considers this working group’s efforts more significant given the increasing number of newly liberated areas, the complex situations arising from this and the ongoing fight against terrorist groups. Therefore, the FGS is urging its partners to strengthen this important forum and to enable the government's participation and to push for the implementation of decisions taken in this forum.

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

37. Somalia accepted one hundred and fifty five (155) recommendations during its first review in 2011. The following part of the report highlights the implementation status of the accepted recommendations, which are clustered into broad thematic areas following agreement between the FGS and the other UPR stakeholders.

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.

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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)

41. The parliamentary bill on the establishment of the National Human Rights Commission will be tabled before the end of 2015. The FGS has ensured that the human rights commission bill (HRCB) is compliant with international human rights standards, especially the Paris principles of national human rights institutions. This institution will play a critical role in the protection and promotion of human rights for all people in Somalia and provide guidance to the State institutions on various human rights issues and therefore move the country towards a culture of human rights. Aiming to increase civic awareness, training on human rights and partnering with government agencies to ensure sustainable implementation of human rights. Once the HRCB is enacted, the FGS will commence the establishment of the commission. To guarantee that the newly established commission hits the ground running, the MWHR will work and provide this commission with the necessary technical and financial resources.

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.

Cooperation with human rights mechanisms (Recommendations 57, 143–155)

43. Somalia continues to cooperate fully with the United Nations human rights special procedures mandate-holders. It has since the last report honoured the request by all Special Rapporteurs to visit Somalia to monitor treaty implementation. The FGS has cooperated with special human rights mechanisms and the OHCHR for Human Rights in various issues. To give an example, the Independent Expert on the Human Rights situation in Somalia has visited the country several times since the last UPR review to research the condition of human rights protection. In November 2012, the UN Working Group on the

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use of Mercenaries as a means of violating human rights visited Somalia to review the activities of private security companies in the country and the implications of their activities on human rights in Somalia. Thus showcasing the willingness of the FGS to continue engaging the different mechanisms and grant any requests for visits, while reiterating the strong need for international support when implementing the recommendations from these mechanisms.

B. Somalia and the international community (Recommendations 57, 143–

155)

44. The cooperation between Somalia and the international community has been instrumental in ensuring the protection, respect and fulfilment of civil, political, economic, social and cultural rights. The entire Somali Peace and State-building goals framework is inherent upon the cooperation between Somalia and the international community.

45. In collaboration with various international inter-governmental and non- governmental organisations, among those being, but not limited to, UNSOM, WHO, WFP, UNHCR and UNICEF, Somalia has been able to implement programmes on the protection of the right to health and food.

46. The FGS has been working closely with these organisations in conflict areas. In addition, Somalia has received technical and developmental assistance from the international community. It has obtained assistance from EU, AU and UN agencies since the last review, also acquiring developmental and technical assistance from bi-lateral partner countries and other non-governmental organisations.

47. Somalia has worked closely and facilitated the work of the Independent Expert on Human Rights as discussed above. Moreover, the MWHR has worked with several countries to ensure the facilitation of the work of the ministry.

C. National Human Rights Roadmap (All recommendations)

48. The FGS adopted the National Human Rights Roadmap on 27 August 2013, with an action plan to implement the roadmap and thus advance the respect, protection and fulfilment of human and democratic rights guaranteed by the SPC. The Action plan was developed through consultative meetings and workshops to augment the participation of governmental organisations, CSO and the public at large. It reviews the human rights situation in the country, identifies potential challenges/obstacles, and sets feasible and timely solutions. It addresses civil and political, economic, social and cultural rights as well as the rights of vulnerable groups and the right to sustainable development. The FGS has now also put in place policies to better protect the rights of groups such as the disabled, enabling better access to government and public buildings.

49. The MWHR has initiated an inter-ministerial team composed of relevant line ministries. As executive leadership and coordination is required for implementing the Roadmap, the MWHR is mandated to supervise and lead this process, with a key technical role reserved for the Human Rights Commission. The Ministry will do this while seeking cooperation with government agencies. The FGS has reiterated its commitment to ensure that the roadmap belongs and benefits all Somalis. However, to guarantee the effective implementation of the Roadmap’s Action Plan, the government requires long-term support from its international partners and to push efforts to mainstream this action plan into existing support frameworks for Somalia, such as the PSG’s.

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D. Democracy, elections and good governance (Recommendations 20, 39, 40)

50. The presidential elections of 2012 were held in accordance with the SPC. Even though the public could not partake in this election, the candidates have attempted to encourage public participation through debate and dialogue. Many candidates used advertisements to show the people which principles they stand for and what the public can expect. After the elections results were announced, the sitting president admitted defeat and for the second time in Somali history since 1967, peacefully handed over the presidential duties to the president elect. The expected 2011 elections were postponed by parliament for one year instead of the expected three years.

51. The established National Independent Electoral Commission’s (NIEC) main task is to prepare and organise free and fair federal elections. The government is focusing on providing capacity development to the commission as an institution and at the same time inform the public about the electoral process through awareness and civic education campaigns. The NIEC will work directly on election activities regarding the parliamentary and presidential elections. A special focus for the FGS is to enhance women’s political participation.

52. Considering the challenges, it is not feasible to conduct a ‘one man, one vote’ type elections in 2016. During the writing of this report it was unknown which alternative election modality will be used in 2016. To ensure inclusivity the government has conducted consultations on different levels, such as the Consultative Forum on the 2016 elections. The NIEC will regularly facilitate forums and make public calls to all stakeholders to comment and discuss future electoral processes.

53. The FGS is working, with support by UNSOM and UNDP, on building the capacity of institutions regarding sustainable good governance. The focus of the government concerning good governance is on effective and transparent public service management.

V. Civil and political rights

A. Freedom of expression and opinion (Recommendations 119, 120, 121, 122, 123, 124, 125, 126, 127, 128)

54. Somalia has witnessed a surge in the number of media outlets professionals. Somalis can now choose from a diverse range of media platforms. The FGS also relies heavily on the media for awareness raising campaigns and considers journalists as an integral part of their communication strategy. The principle of free media is enshrined in the SPC, which promotes free (mass) media. Article 18 of the constitution ensures the freedom of expression and opinions by stating the following:

“(1) Every person has the right to have and express their opinions and to receive and impart their opinion, information and ideas in any way.

(2) Freedom of expression includes freedom of speech, and freedom of the media, including all forms of electronic and web-based media.

(3) Every person has the right to freely express their artistic creativity, knowledge, and information gathered through research.”

55. The Somali Media Law, which creates enabling conditions to nurture free and independent media, provides that all entities, whether public or private, have the right to create and establish (mass) media services. Article 6 of the Media Law establishes an

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independent National Media Council. The responsibilities of this council, as stated in Article 6 (2) of the Media Law, are the following:

“a) Conservation and enforcement of the media law and the attached media ethics.

b) Mediation and resolution of emerging disagreements in between the media institutions, private media institutions, the government and the society.

c) Evaluation and operation of the private media Institutions.

d) Evaluation and suggestions of approval of the concluded agreements between the local and foreign media institutions.

e) Advise the local media in matters concerning the state and international laws.

f) Preservation and defending the rights of the journalists.

g) Proposal of the withdrawal of permits issued to the operating privately owned local Medias.

h) Registration of the complaints and grievances coming from the journalists, the media agencies and the government and taking appropriate decisions concerning such complaints.

i) Take disciplinary actions against private media agencies and journalist.”

56. The FGS is committed to create secure working conditions for journalists and to bring an end to attacks on journalists. The Somali National Media Law furthermore provides the rights of the journalist, in Article 23, that should be respected. These rights include the right of journalists to preserve his/her personal security, his dignity and should be able to freely publicise all the real information received through his profession. To achieve this the Ministry of Information has trained journalists to make them more defensible in their line of work, considering journalists and media workers to be an integral part of the human rights defenders community. The Ministry regularly engages journalists to understand and follow their working conditions, encouraging journalists to unite and create unions to represent their interests.

57. It remains a challenge for the FGS to prevent the killings of journalists. However, to ensure that attackers of journalists do not enjoy impunity, the FGS has taken steps to prevent that the perpetrators do not enjoy impunity and freedom. The FGS, in a step to address impunity in these cases, has established a committee to look in to the killing of journalists and to come with recommendations on how to address this pressing issue. The Somali prosecutors’ office has conducted investigations into the killings of journalists, to bring those suspected before the court of law. This will encourage the Somali press to exercise their legitimate activity in all regions of Somalia.

B. Counter terrorism and due process (Recommendations 104 and 117)

58. The most significant obstacle for human rights protection in Somalia is the fragile security situation created by terrorism. Frequent terrorist attacks on government officials, human rights defenders and civilians have catalysed a continuous state of fear. Sustainably changing this environment of fear, is the number one priority of the government. To prevent terrorism and to reduce its adverse consequences, the Ministry of Internal Security has drafted the first ever National Counter-Terrorism Law. The cabinet has approved the law and sent it to parliament, where it is awaiting to be tabled. This bill will enable the FGS to prosecute terrorism suspected groups and individuals effectively. This bill aims to provide a legal framework for the fight against terrorism. Also giving special powers to security forces which will allow them to conduct missions within a legal scope. This act

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will ensure due process for terrorism suspects and protection for witnesses. The FGS also reaffirmed its commitment to be cautious with affiliating any organisation with terrorism without substantial and solid evidence.

59. The FGS has undertaken efforts to make the public aware of the challenges of terrorism, in its role to ensure both the security of the nation as well as the citizen’s right to expression and assembly. The government is also preparing educational campaigns on the principles of due process in the context of criminal and constitutional law. The Somali courts have repeatedly upheld the importance of these Constitutional guarantees.

C. Freedom from arbitrary arrest and detention

60. The FGS is working to establish the necessary legal framework to guarantee citizens the freedom from arbitrary arrest as provided in the SPC and no person may be detained without a charge or conviction against him. This is especially challenging as the government is struggling to find a balance between security and respect for basic freedoms, which often are conflicting principles.

61. Awareness creation and training will be given to the members of the police and defence forces facilitated by the MWHR on how to prevent arbitrary arrest and detention.

The Ministry is planning to provide training prison staff on how to treat women prisoners.

A monitoring system for prison and detention centres will be developed by the MoJ in collaboration with the MWHR, ensuring that citizens would neither be detained for political reasons or arbitrarily imprisoned.

D. Engagement with civil society organisations (Voluntary pledge 1, Recommendation 109)

62. The FGS is committed to work with and utilise the significant experience of the civil society organisations (CSO), which has been built during the civil war period. Somali CSO have been widely consulted by the government on a wide range of topics for which the government has been formulating policies. Several ministries and senior Government officials have held regular discussions with civil society actors including human rights, youth, minority and women associations. The Office of the Prosecutor has worked to ensure that prompt, effective and impartial investigations are conducted into the killings of Civil Society actors.

63. The MWHR has worked with several CSO on sexual violations cases and promoting human rights. The Ministry is also preparing a memoranda of understanding with CSO concerning human rights education and conducting research on relevant topics, such as human rights awareness raising in a federal context. The MWHR has supported a local CSO to establish a sexual violence crisis line, that victims of sexual abuse can anonymously call and get immediate advise and assistance.

VI. Economic, social and cultural rights

A. Food security (Recommendation 134)

64. Food has been a scarce commodity throughout the history of Somalia. The FGS, working closely with the World Food Programme (WFP), has addressed basic food needs and strengthened coping mechanisms. The programmes range from relief to activities designed to strengthen the resilience of households against future droughts and floods.

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Using a targeted approach to relief assistance for people and communities in crisis, including social safety nets and livelihood support projects, some of which are provided on a seasonal basis when needs are greatest.

65. The Ministry of Agriculture has undertaken several interventions to improve agricultural production and management. One of these is the establishment of a food security department, which is responsible for collecting data and conducting continues analysis that is used to create effective agriculture and food security policy. The ministry managed to support the setting up of 7 farmers corporations, enabling the farmers to reduce their overhead and negotiate better prices. Moreover, the Ministry has been able to conduct land preparation and distribute seeds in cities such as Afgoi, Janale, Jowhar and Walaweyn to more than 1500 small farmers. Concerning vulnerable groups empowerment, the Ministry has supported 30 women and youth farmers in the city of Afgoi.

66. The FGS is also focusing on nutritional programmes. The nutrition strategy in Somalia focuses on treatment of both chronic and acute malnutrition during emergency, as well as implementing activities that concentrate on preventing people from becoming malnourished. The involved ministries are also working together with UN agencies in enabling communities to cope with hardship more effectively.

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

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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)

75. Somalia continues to face many health care challenges, with a rudimentary health sector and a fragile and unstable social sector. The FGS has been committed to deliver to the Somali citizens access to health, nutrition, social protection and WASH services, which is a basic human right. The government, in close cooperation with UN agencies (WHO, UNICEF and UNFPA), has designed and is implementing the Somali Joint Health and Nutrition Programme (JHNP) 2012-2016.

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

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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.

78. A significant revision has been completed on the Reproductive Health Strategy. The following policies, strategies and legislation relating to the Somali health care sector have been developed since the last review: Somali National Health Policy, Health Sector Strategic Plan, EPHS Framework for the country Primary Health Care, Reproductive Health Strategy and Plan, Human Resource for Health Policy and Plan, Nutrition strategy and plan, Legal framework for health, National treatment Guidelines and Community Health Strategy.

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.

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• 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)

81. Gender inequalities in Somalia are manifested in terms of disparities in fundamental and basic rights, in access to and control of resources, in employment, in governance and in political participation. The SPC provides significant affirmative action measures to ensure gender equity and equality in Somalia. The FGS is committed to advocate for the inclusion of more measures, in the final draft of the constitution, that will improve the position of women in Somali society and government.

82. The Constitution prohibits discrimination of any individual on any grounds as stated in Article 11 (3). Concerning labor rights of women, Article 24 (5) ensures that “…

particularly women, have a special right of protection from sexual abuse, segregation and discrimination in the work place. Every labour law and practice shall comply with gender equality in the work place.” Article 27 (5) guarantees that “… women […] who have long suffered discrimination get the necessary support to realise their socio-economic rights.”

These provisions bode well for Somali women who, historically, have been disempowered by cultural and societal dynamics.

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.

84. The Ministry of Labor has strengthened the rights of women workers by drafting new policies it is enforcing. Among these policies is the right for women workers to go on paid maternity leave of 4 months. Two hours a day off to breastfeed after the maternity leave. These policies encourage more women to generate income for their families.

85. Seats of the Federal Parliament to fill the women’s minimum quota of 30% have been agreed upon. However, it has proven challenging to implement this agreement as it has no legal grounds to support the enforcement of the aforementioned quota. After the country’s general election in September 2012, only 14% women were elected as MPs. The percentage of female ministers in the first cabinet after the election was 20% (2 out of a total of 10 ministers). Nevertheless, the government is optimistic that women participation in politics and governance will increase significantly in the coming years. The MWHR is campaigning throughout the regions of Somalia to encourage local representatives to include women in the federal states formation process.

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;

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• 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

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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.