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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