A/HRC/45/52
this institution undermines the Federal Government’s commitment to realizing the rights of
Somalis. The Somali authorities are encouraged to expedite the recruitment of
commissioners in such a manner as to guarantee the representation of women, minority
groups and persons with disabilities.
2.
Law enforcement agencies
50.
Somalia has made some progress towards promoting and deploying a “new police
model” by increasing the number of police officers in Jubbaland, South-West State,
Hirshabelle and Puntland. A draft police bill that has been submitted to the Federal
Parliament is yet to be passed. Human rights vetting and gender diversity principles have
been integrated into recruitment processes. General and specialized police training is being
conducted. In the Somalia National Development Plan 2020–2024, the Federal Government
committed itself to improving the services delivered by the police forces.
51.
The Independent Expert is concerned that these efforts have yet to translate into
adequate protection for civilians, that they fall short of democratic policing standards and
that several challenges to effective policing remain.43 In Somaliland, for example, reports of
systemic abuse of power by police officers and a culture of impunity have caused a
breakdown of trust between the police and the community. The rates of investigations into
criminal cases and of prosecutions of alleged perpetrators remain low. The Independent
Expert is also concerned about the continued excessive use of force by the police against
civilians and about the fact that officers reportedly continue to torture, beat, threaten, harass
and arbitrarily arrest civilians, especially journalists, human rights defenders and persons
allegedly suspected of terrorism.44 The low capacity of police officers means an inability to
apply existing laws fairly, especially in cases of violations against internally displaced
women and children.
52.
The Independent Expert urges the Federal Government to accelerate measures to
ensure accountability for police human rights violations and to take positive steps to build
trust between police officers and communities. The Independent Expert also urges the
Somali authorities to continue to train the police, in collaboration with international
partners, especially in the area of addressing sexual violence.
3.
Courts and the alternative dispute resolution system
53.
The institutional capacity of the courts continues to be of concern due to inadequate
infrastructure and funding and the weak capacity of judges, prosecutors and court
personnel. The Federal Government and the United Nations Development Programme
(UNDP) have increased the number of mobile courts to 16 and expanded their reach into
newly liberated areas where the absence of security makes it difficult to build permanent
court structures. Mobile courts registered 1,040 cases in 2019 while alternative dispute
resolution centres resolved 5,051 cases during the same period. This seems to indicate a
lack of confidence in the formal justice system and an increasing reliance on other forms of
arbitration.45
54.
The Supreme Court has led a training-of-trainers programme for 36 judges and
prosecutors from the federal and state courts with support from the Global Focal Point for
the Rule of Law to address gaps identified in a training needs assessment of judges. 46
Recent statistics suggest that the representation of women lawyers, prosecutors, judges and
other staff in the judiciary remains low.47 The Independent Expert urges the authorities to
accelerate efforts to provide victims with adequate remedies and reparations and to enhance
peace and security.
43
44
45
46
47
12
UN Somalia: Country Results Report 2019, p. 19.
See www.amnestyusa.org/wp-content/uploads/2020/02/Somalia_We-live-in-perpetual-fear.pdf.
UN Somalia: Country Results Report 2019.
S/2019/884, para. 68.
UN Somalia: Country Results Report 2019, p. 19.
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