A/HRC/39/72
military court for fighting with Al-Shabaab. UNICEF and civil society organizations were
negotiating with Puntland authorities to have those sentences commuted, since the children
had been forcibly recruited and were therefore victims and should not be subjected to
double jeopardy. In addition, UNICEF was providing training to Somali authorities on the
prevention of child recruitment, and their release and reintegration.
57.
The Independent Expert commends UNICEF and civil society organizations for
their most valuable protection and support to these children. He also expresses his
appreciation to the Federal and Puntland governments, UNSOM, UNICEF and the centres
for arranging the visits. He urges the international community to provide financial and
material support to these centres and urges the Government to fund centres to rehabilitate
and reintegrate the recaptured children into their communities.
VI. Women’s rights, the role of traditional justice mechanisms
(xeer) and the administration of justice
58.
Women’s rights in Somalia continue to suffer due to a lack of an adequate legal
framework and the absence of strong law and order and justice institutions. Conflict-related
factors, such as displacement, rapes committed by youth gangs and unidentified men in
uniform, traditional practices such as forced marriages of young girls and female genital
mutilation, have compounded the violations of women’s rights in Somalia. During his
mission, the Independent Expert continued his advocacy for enhanced physical protection
of victims of sexual and gender-based violence and the need to adopt legislation against
sexual offences and the provision of medical and psychosocial services to victims of such
violence.
59.
He also discussed the role of traditional justice mechanisms (xeer) in the protection
of women against sexual and gender-based violence. The Independent Expert expressed his
concern and regret at information indicating that sexual violence attacks against women
remained pervasive and were carried out with impunity, citing the attack in October 2017
against a young girl by a member of the Puntland security forces who, according to reports,
had been neither arrested nor prosecuted. The girl had been sent for treatment outside the
country through a private benefactor.
60.
In the newly formed Regional States, the vulnerability of women and girls has been
exacerbated by the food crisis. There is a severe lack of capacity, which makes it difficult to
provide protection to women. In Hirshabelle, women face many challenges. Some have
been attacked and raped when going to or coming from the market. Sometimes women
have been raped then killed. Some women who have become pregnant after being raped
have been forced to leave their villages, and their babies are at risk of being killed. The
women sometimes commit suicide if they cannot leave their village to give birth
somewhere else. There are no centres that provide psychosocial counselling or support to
these victims. Despite advocacy efforts, it is reported that female genital mutilation still
occurs, because the women cutters have no alternative livelihoods.
61.
In Galmudug, the child and maternal mortality rate is very high due to the lack of
midwives and health centres. Women are unable to have access to antenatal or postnatal
care and many die while giving birth. There are no orphanages to receive abandoned
children. The illiteracy rate is also very high. The Independent Expert was informed of a
rape case that took place in April 2018 following a clan conflict in which a clan member
raped and attacked a 13-year-old girl with a knife, causing grievous bodily injuries. The
Galmudug government has not prosecuted the alleged perpetrator due to lack of capacity
and resources.
62.
On 30 May 2018, the Federal Council of Ministers adopted the sexual offences bill.
The draft bill is the fruit of cooperation between the Federal Government and international
and local technical experts, including judges, police officers, prosecutors and investigators,
civil society and the religious establishment. The bill comes in the wake of similar
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