A/HRC/39/72 legislation adopted in Puntland in 2016.13 Unlike the 1962 Penal Code, it is tailor-made to address sexual offences in Somalia. Once adopted, the bill could serve as a template for other conflict-affected countries throughout the world. 14 The Independent Expert commends the Federal Government for taking this very bold and important step. He also commends Legal AID Worldwide, an international NGO, which contributed greatly to the drafting of and advocacy for the bill. 63. The bill, once adopted into law, will provide a legal framework that is essential for the protection of rights of women in Somalia. Its effective implementation will enhance greatly the realization of their rights. Yet laws alone will not restore the rights of women if the governments and society at large do not embrace these legal changes, as Puntland did in December 2016, when a gang rape case was resolved outside the framework of the sexual offences act. 64. It is in this context that the Independent Expert seeks to convene a national conference which will, inter alia, promote and disseminate these legal instruments to the traditional elders, religious leaders and local communities and will also address the role of traditional justice system (xeer) in the protection of the rights of women in Somalia. VII. Puntland 65. The Independent Expert visited Puntland to assess the human rights situation since his previous visit. Puntland has continued to enjoy relative peace compared with the rest of South Central Somalia, in spite of an active conflict in recent months between Puntland and Somaliland forces over the long-standing territorial dispute in the Sanaag and Sool regions. A truce with Galmudug, a fellow Federal Member State with which it has a border dispute, is holding. As long as these conflicts remain unresolved, they not only affect the basic human rights of the residents of the regions, but also destabilize the peace and reconciliation process in Somalia. Puntland is also ensuring that Al-Shabaab, in the Galgala Mountains, does not increase its presence and attacks. 66. The Independent Expert learned about the Alternative Dispute Resolution Centres initiative, launched by the Puntland government with support of the European Union. The initiative has been implemented in collaboration with the International Development Law Organization, an international NGO that conducts capacity-building and training in Somalia. The initiative is a model integration of the formal and traditional judicial mechanisms (xeer), whereby civil disputes are resolved by traditional elders, while proceedings are recorded and decisions executed through the formal system. To strengthen access to justice and justice delivery, Puntland regularly sends magistrates to remote villages to adjudicate cases. Long distances that have to be covered remain a challenge. 67. As regards the gang rape case, the authorities stated that cooperation between the formal justice system, sharia scholars and traditional elders had ensured that justice for the victim was achieved. All of the young people involved were serving prison sentences and had paid compensation to the victim. The Independent Expert learned about the existence of a forensic lab that will enhance the investigation of cases of sexual and gender-based violence and enhance the delivery of justice to such victims in Puntland. It had been built through Swedish donor support and was the first of its kind in Somalia. 68. On the negative side, the Independent Expert learned about a practice whereby parents petitioned courts to discipline young people engaged in anti-social behaviour or substance abuse by sending them to jail. The practice had also affected young people from the diaspora, who had allegedly been sent back to Puntland to face this form of punishment. The practice violates the rights of young persons to the presumption of innocence, since they are not charged or convicted for any criminal offences. 13 14 See A/HRC/36/62, para. 70. Discussions are currently under way between Legal AID Worldwide and the Minister for Gender, Family Affairs and Human Rights in Jubbaland about drafting a similar sexual offences bill for Jubbaland. 15

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