A/HRC/18/48
44.
The situation of women and children, the eradication of female genital mutilation,
violence against women, women’s participation in political and public life, child
recruitment, the situation of journalists and human rights defenders, besides the poor degree
of enjoyment of core elements of economic and social rights, such as education and health,
were all identified as areas where action was required. Other recommendations pertained to
the adoption and ratification of international instruments, the finalization of the
Constitution with strong human rights provisions, the abolition of the death penalty and the
development of the required institutions, including the creation of a national human rights
commission, the strengthening of the judiciary and others.
VII.
Human rights situation in Somaliland
45.
The independent expert visited Somaliland late in February 2011, and had useful
meetings with Government Ministers and senior officials. He held meetings with United
Nations officials and members of the civil society. He subsequently received information
from individuals by e-mail.
46.
In Somaliland, a degree of relative stability and functioning institutions have
permitted some positive developments. In January 2011, the Act establishing the
Somaliland National Human Rights Commission was promulgated by the President, and an
Acting Chairperson was appointed. In July, seven Commissioners were also approved by
Parliament. The Act meets basic international standards. However, the independent expert
is concerned at the likelihood that the very limited human resources available to the
Commission will de facto prevent it from carrying out its mandate effectively. The
independent expert welcomes the work of UNPOS supporting the Commission, and invites
the international community, and United Nations agencies in particular, to coordinate and
intensify their support for the Commission. The independent expert is also pleased that
Somaliland has launched a five-year justice strategy to address its shortcomings in an open
and cooperative relationship with the international community.
47.
The National Union of Somali Journalists reported that, over the past several
months, authorities in Hargeisa have stepped up legal action against journalists and news
media organizations, including charges of defamation, libel, false news and insults. The
independent expert has not been able to verify the report; nevertheless, he is concerned that
acts amounting to slander and defamation are dealt with through criminal legislation and
carry a detention sentence. He therefore urges the Somaliland authorities to bring existing
legislation into line with human rights so that such forms of conduct are dealt with as civil
matters.
48.
With regard to the situation of women, the fact that two women Ministers and one
deputy were included in the Cabinet of 26 Ministers formed by President Silanyo should be
considered a milestone. It is, however, also important that women’s representation be
strengthened at lower levels and a quota system be considered. The gender policy officially
adopted by the Parliament under the previous Government was in the process of being
implemented.
49.
Cases of sexual violence, even after being reported to the Police, continue to be
taken out of the formal legal process and adjudicated through the customary system.
Nonetheless, violence against women is either on the increase or increasingly reported,
despite the attached stigma. The independent expert was informed that only two police
stations in Hargeisa have in place a women’s desk staffed by female police officers. It is
apparent that this policy needs to be substantially strengthened to contribute to promoting
women’s access to justice.
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