A/HRC/45/52
that regard, the Independent Expert welcomes the adoption in October 2019 of a road map
for the implementation of the two action plans signed with the United Nations in 2012, one
to end and prevent the recruitment of children and use by the Somali National Army and
another to end and prevent their killing and maiming. The Independent Expert also notes
that a national strategy to prevent child recruitment and to facilitate the release and
reintegration of children is being finalized.
83.
Despite these efforts, children continue to be affected by the armed conflict in
Somalia. In 2019, the United Nations verified 3,709 grave violations against 2,959 children
(2,436 boys and 523 girls). Children, some as young as 8 years old, were recruited and used
in the conflict, killed and maimed, raped and subjected to other forms of sexual violence,
targeted in attacks on schools and hospitals, abducted and denied humanitarian access. 64 AlShabaab remains the main perpetrator, followed by federal and regional government
security forces and clan militia.65
84.
In the area of juvenile justice, the Independent Expert notes that the juvenile justice
bill is currently under review by Parliament. She is concerned, however, that children
associated with armed groups are not recognized as victims and continue to be detained for
their association with armed groups and tried by military courts. She is also concerned
about the inconsistent application of the standard operating procedures for the handover of
children separated from armed groups signed in 2014 and a limited number of reintegration
programmes.
85.
The Independent Expert aligns herself with the recommendations contained in recent
reports of the Secretary-General on children and armed conflict.66 In particular, she urges
the Federal Government to treat children associated with armed groups as victims in line
with the principle of the best interests of the child. She also urges the Federal Government
to swiftly adopt the child rights bill, which is currently awaiting discussion and approval by
the Council of Ministers, and the juvenile justice bill. Furthermore, she encourages the
Federal Government to ratify the Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict and the African Charter on the
Rights and Welfare of the Child.
VI. Technical cooperation and the Somalia National
Development Plan 2020–2024
86.
Somalia has made progress in its human rights agenda due in large part to the
strength of its partnership with the international community as expressed in successive
mutual accountability frameworks. The Human Rights Council, in its resolution 42/33,
recognized the importance and effectiveness of international assistance to Somalia,
including in the field of human rights, and the need to scale up coordination, coherence and
quality of capacity development and reaffirmed the need for regular Somalia Partnership
Forum meetings.
87.
At the Somalia Partnership Forum held in Mogadishu in October 2019, participants
took stock of progress made since 2018 and agreed on priority actions to address the
remaining challenges in the transition of Somalia together. Furthermore, they endorsed a
mutual accountability framework for 2020 that sets out urgent and inclusive political
reform measures such as adopting an amended Federal Constitution by June 2020, enacting
the electoral law, holding elections in late 2020 or early 2021 and establishing the
Constitutional Court and the Judicial Service Commission. Security and justice reforms
include a reconfiguration of AMISOM and accelerated reforms of the Somali security
forces, including to provide security for elections and in Mogadishu. In the areas of
economic and social development, priority has been given to youth empowerment,
employment generation, social service delivery, recovery and humanitarian assistance. The
64
65
66
18
A/74/845-S/2020/525, paras. 136–147. See also S/2020/174.
Ibid.
A/74/845-S/2020/525, paras. 136–147, and S/2020/174, paras. 78–88.
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