A/HRC/33/64 38. Access to survivors of sexual violence is itself a challenge, as is the inability of victims to report attacks and to identify perpetrators. Victims often have no access to health services, which could otherwise help in the prevention of sexually transmitted diseases and HIV/AIDS after rape attacks. They also often fail to report rape out of fear of stigmatization or of countering religious or cultural norms. Another impediment to reporting cases of sexual violence are traditional practices requiring the perpetrator and the survivor’s family to settle the matter outside the formal judicial system, with the exclusion of the victim. This practice exacerbates the violation of the rights of victims or survivors in that they do not obtain justice, it fuels impunity for sexual violence crimes and discourages victims and survivors from reporting cases. Even though civil society organizations advocate for the rights of women across Somalia, sexual and gender-based violence continues. With regard to female genital mutilation, the Minister for Women and Human Rights Development reported that the Government had adopted a policy against this practice, although a specific law thereon had not yet been passed. 39. At the London Somalia Conference in May 2013, the Government of Somalia signed a joint communiqué in which it pledged to combat sexual violence. A public commitment to combat sexual violence and to protect survivors was announced by President Hassan Sheikh Mohamed during the Open Day on Women, Peace and Security in Mogadishu on 4 December 2013. To fulfil that commitment, in 2014, the Government developed a national plan of action to end sexual violence in conflict, and established a multiparty steering committee. The plan of action encouraged the involvement of traditional and religious leaders in combating violence against women through the formal justice system. The Sexual Offences Bill, addressing gaps in laws enacted in the 1960s, was adopted. Measures proposed include the strengthening of referral mechanisms for survivors of sexual violence, health services, psychosocial support, and legal aid and economic empowerment programmes for survivors of sexual violence. 40. The Independent Expert appreciates the advocacy work conducted by the Government of Somalia, the AMISOM Gender Section, the UNSOM Human Rights and Protection Group and a number of civil society organizations on this issue. He notes, however, that the Government will find it difficult to disseminate the legislation on sexual offences throughout the country if adequate resources are not made available. On 17 May 2016, a validation workshop to advocate for the Bill was hosted by Legal Action Worldwide, an international non-governmental organization. The adoption of the Bill will be a milestone for women’s rights in Somalia. 41. A strong police capacity to investigate and allow for successful prosecution is necessary. A gender unit is already in place within the Somali police force. AMISOM police have been supporting the unit by establishing “gender desks” in some police stations in Mogadishu. The Independent Expert also notes that the Federal Government has appointed female prosecutors to the Ministry of Justice. 42. Prosecution of such cases may be problematic because of lack of evidence. The Government is building capacity to use forensics for the identification of the so-called “men in uniform” responsible for rape and for concealing their identity. The Government is also establishing referral centres for the counselling of victims of sexual and gender-based violence. UN-Women is working to build the capacity of the gender unit, including by creating an organization chart and defining job descriptions and case management processes. The United Nations Development Programme (UNDP) is building the capacity of the police and the judiciary to deal with cases of violence against women; in Puntland, Somaliland and Jubbaland, it has set up mobile courts, which are being replicated also elsewhere in south-central Somalia. Traditional elders are being trained on mediation skills and report to a legal aid network on resolved cases. 10

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