A/HRC/33/64
58.
Physical attacks against and cases of arbitrary arrest and detention of journalists on
the ground of their reporting on the political situation in view of the elections in Somaliland
have increased since December 2015.
59.
Some 28 journalists and media workers have reportedly been killed in the country
since 2012. According to the Committee to Protect Journalists and UNSOM sources, 17
journalists were killed from January 2014 to February 2016. Al-Shabaab claimed
responsibility for the killing of 10 of the journalists during attacks on beachfront
complexes.
60.
The Independent Expert noted the existence of two factions within the National
Union of Somali Journalists, which has led to a crisis within it. In response, one of the
factions submitted a complaint to a tribunal of the International Labour Organization (ILO)
in November 2015 claiming that the Government was interfering with the right of
journalists to organize and join trade unions. In March 2016, the ILO Governing Body
adopted a recommendation in which it urged Somalia to desist from interfering with the
activities of the Union and the Federation of Somali Trade Unions.
61.
With regard to alleged infighting in the National Union of Somali Journalists, the
Minister for Information stated that the Government had not interfered in the affairs of the
Union and indeed wanted a strong union for journalists. He pointed out that the number of
journalists killed in 2015 was significantly lower than in previous years and that the
situation in the country was improving.
62.
On 13 April 2016, the Independent Expert, the Special Rapporteur on the promotion
and protection of the right to freedom of opinion and expression and the Special Rapporteur
on the rights to freedom of peaceful assembly and of association addressed a
communication to the Government of Somalia in which they expressed grave concern at the
intimidation and threats to the safety of Omar Farouk Osman, whom the federal authorities
had threatened to prosecute for damaging the image of the State. Mr. Osman alleged to
have been a victim of an assassination attempt by unknown persons in Mogadishu. The
Independent Expert urges the authorities to investigate the attack on the journalist and to
prosecute the attackers.
63.
It is incumbent upon the new Government of Somalia to address the concerns of
media stakeholders once it assumes office.
VIII.
Role of Xeer and traditional elders in governance, and the
administration of justice
64.
In his first report to the Human Rights Council, the Independent Expert pointed out
that the customary legal system known to the majority of Somali people, Xeer, had been
applied alongside statutory law and sharia law throughout Somalia (A/HRC/27/71, paras.
40-47). Traditional elders have become central to the political process, since they elect the
Parliament, which in turn elects the President.
65.
Xeer continues to play a significant role in the administration of traditional justice in
Somalia. In a meeting held with the Independent Expert on 18 April 2016 in Kismayo,
traditional elders stated that it had played a key role in maintaining cohesion in Somali
society, particularly during the years of conflict. The absence of such legal structures as
police stations, courts and correction facilities – destroyed during more than two decades of
conflict and only slowly being rebuilt – has allowed Xeer to continue to play its traditional
role. Traditionally, it has been applied in the settlement of inter-clan disputes over land,
pasture and water, and kept the peace between clans and subclans. Xeer is widely trusted,
although some of its weaknesses need to be addressed.
14
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