A/HRC/39/72
submitted two reports to the Council for the universal periodic review process, in 2011 and
2016. It acceded in 2015 to the Convention on the Rights of the Child. With the technical
support of UNSOM and other United Nations agencies and development partners, the
Federal and the regional State Ministries of Human Rights and Women’s Development are
currently implementing some of the country’s human rights obligations. In 2011, Somalia
accepted 155 of the recommendations made during the universal periodic review. During
the 2016 review, Somalia accepted 168 recommendations out of 228. The recommendations
contained in paragraphs 98.144 to 98.155 of the 2011 report of the Working Group on the
Universal Periodic Review emphasized the need for Somalia to be given support and
technical assistance to enable it to meet its obligations.3 Yet the Federal Government and
regional State Governments continue to suffer from lack of adequate human and material
resources, which hamper their ability to meet their human rights obligations. Prior to his
mission, the Independent Expert sought information from the Government on the rate and
capacity of implementation of all Council resolutions accepted by Somalia, but was unable
to obtain such information due to lack of capacity.
18.
In discussing the capacity issue, the Federal Minister for Human Rights and
Women’s Development noted that little had changed since 2017.4 Lack of office space and
the need to train staff are some of the urgent capacity constraints the Ministry faces. The
Ministry currently has 102 staff, assisted by two consultants, accommodated in five rooms
in a building that the Ministry does not own. Of those consultants, one is supported by
UNSOM and the other was hired to advise on gender and human rights issues and is
helping to draft a report to the Committee on the Rights of the Child. The Independent
Expert has raised this issue in previous reports.
19.
The Minister for Human Rights and Women’s Development for Galmudug informed
the Independent Expert that her state had been neglected by both the Federal Government
and United Nations agencies. As a newly established regional state, Galmudug lacks basic
services. The Ministry has only five staff, and its capacity is very limited at all levels. The
challenges Galmudug faces include high illiteracy rates and a lack of basic social services,
such as health centres. The Minister complained that the resources invested by the
international community into the Federal Government were not distributed equally among
the Federal Member States. She stressed that Galmudug needed assistance, as it relied
heavily on livestock, which had been badly affected by the drought. Galmudug called for
adequate resources to be allocated to its government. It prided itself on being one of the
safest states in Somalia, and it was time that businesses invested in the newly established
regional States as they were doing in Mogadishu, Garowe and Hargeisa.
20.
The Minister for Human Rights and Women’s Development for Hirshabelle
underscored the problem of inter-clan conflict, in particular with respect to land and water.
This created food insecurity. She noted that the minority clans suffered the most as their
lands were often grabbed by powerful clans, and livestock destroyed their crops before they
were harvested. The Government collected money from the powerful clans, which
compounded the victims’ suffering and left them with no remedy. She stressed that
minority clans had no access to justice as they could not afford the legal fees, thereby
forcing them to go to traditional leaders for solutions. Legal aid did not exist. The Minister
recommended that legal assistance be reintroduced to help victims.
A.
Establishment of the National Human Rights Commission
21.
During the period under review, the Federal Government established the National
Human Rights Commission, which had been a long-standing recommendation of the
Council. A section of civil society had complained that the process lacked transparency and
credibility and it would perpetuate the clan-based structures. Upon inquiry from the
authorities, the Independent Expert was informed that the process was supervised by
external consultants, which guaranteed fairness, transparency and inclusivity. According to
3
4
See A/HRC/18/6.
See A/HRC/36/62, paras. 29–30.
7
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