A/HRC/39/72
69.
During his meetings with the Acting Attorney General, the Chief Justice and the
Minister for Justice, it emerged that the practice was known within the Government. It had
been reported that prisons were congested because of the illegal incarceration of these
young people, although this was denied. The Independent Expert urges Puntland to address
the social delinquency problems through social rehabilitation programme rather than
through penal sanction.
70.
In spite of these challenges, Puntland continues to record economic growth through
the construction of vital infrastructure, such as a new airport and solar power generation
farms, and has continued to host internally displaced persons, who enjoy vital services,
including solar powered lighting in their settlements in the town of Garowe, on an equal
basis to the other residents.
VIII. Somaliland
71.
The Independent Expert could not visit Somaliland during the mission. However,
through credible remote monitoring, he was able to record some positive as well as some
negative developments that affected human rights. Somaliland had held presidential
elections on 16 November 2017, and a new President, Muse Bihi Abdi, had been elected
after 17 years of rule by President Ahmed Mohammed Mohamoud, known as “Silanyo”.
While the elections were deemed free and fair, it is noted also that prior to the election there
had been a lot of harassment and intimidation, and Kalsan Television had been closed
arbitrarily by a minister for reporting on a presidential candidate’s rally. Intimidation of
journalists had continued in the post-election period. In May 2018, two television stations
were banned and journalists arrested for allegedly reporting destabilizing news. Journalists
were intimidated and imprisoned for conducting investigations into corruption or topics
deemed sensitive, such as the investment agreements regarding the Berbera Port.
72.
Somaliland continues to punish persons who espouse national unification. A female
poet who had composed a poem glorifying national unity was imprisoned for three years on
15 April 2018 but subsequently pardoned by the new President. A traditional ruler who had
been imprisoned was also recently pardoned. The Independent Expert urges the Somaliland
authorities to adhere to the human rights obligations that have been assumed by the Federal
Republic of Somalia.
73.
On 6 January 2018, the Lower House of Parliament passed the rape bill. The House
of Elders, otherwise known as the Guurti, revised the bill on 12 April 2018, reducing the
legal definition of a child from someone aged 18 years and under to 15 years and under,
and removing the exemption of fathers and grandfathers from punishment if they are
involved in cases of forced marriage. These changes negated the protection that the rape bill
had introduced. The law, however, criminalized rape in Somaliland for the first time.
74.
The Independent Expert urges the Federal and Somaliland authorities to find
wisdom and engage in talks and negotiations to resolve their long-standing differences for
the sake of peace and development in Somalia. The recent differences emanating from the
proposed concession offered to the port operator DP World to invest in Berbera Port should
be resolved for the good of the broader Somali people.
75.
Similarly, the Independent Expert urges Puntland and Somaliland to resolve their
territorial dispute over Sool and Sanaag for the long-term peace and development of the
Somali people at large.
IX. African Union Mission in Somalia
76.
During his mission to Somalia, the Independent Expert met with officials from
AMISOM to follow up on a range of issues, including the action taken by AMISOM to
strengthen its international humanitarian law and human rights compliance and
accountability mechanisms. He also wanted to know about the gradual withdrawal of
AMISOM troops. All of these issues have broader human rights implications in the short,
medium and long terms.
16
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