A/HRC/18/6 introduction of a centralized modern system of governance. Hence, when the modern state institutions fell apart, the traditional institutions were no longer able to resume their earlier role. 9. The entire State system has to be rebuilt. The main challenge ahead of the Somali Government is the harmonization between the traditional setting and the modern statehood in which the harmonization between the genuine Islamic sharia law, the Somali customary law and the modern law is one of the main pillars. 10. In 2004, Somalis agreed on the Transitional Federal Charter (TFC) which resulted from the 2002–2004 Intergovernmental Authority on Development (IGAD) sponsored peace talks in Kenya. Since its relocation to Somalia in 2005, the Transitional Federal Government (TFG) has faced opposition from armed groups. 11. The delegation stated that the situation in Somalia does not fit the general approach of the universal periodic review (UPR) because the UPR process generally involves a review of the human rights record of a Government in a normal situation. This is not the case in Somalia. The TFG has to deal with human rights violations which are not of its own making on a daily basis. The capacity of the TFG to protect its citizens, particularly in areas outside its direct authority is very limited. For example, people in Al Shabaabcontrolled territories face gross human rights violations such as summary and extrajudicial executions, torture and other inhuman and degrading punishment such as amputations and floggings. 12. Chapter 5 of the TFC provides for the protection of the fundamental rights and freedoms of the people of Somalia. Article 14 states the Somali Republic shall recognize and enforce all international human rights conventions and treaties to which the Republic is a party. 13. The TFC guarantees the rights to reside, work and travel freely in any part of the country; to organize, form or take part in political, labour, professional or social entities according to law; to vote upon attainment of 18 years of age; and to contest any vacant seat. It also prohibits interference with personal communication, and guarantees inter alia, equality before the law, the right to life, personal liberty and security, rights relating to legal proceedings, labour, the right to assemble and freedom to strike, freedom of information and media, the right to establish political parties, and the right to establish social organizations, political asylum, education, protection of family, and social welfare. 14. Chapter 9 of the TFC defines the scope and powers of the federal judiciary. The TFC recognises the independence of the judiciary in the exercise of its functions and the separation of powers between it, the legislature and the executive branch of Government. 15. The Transitional Federal Parliament (TFP) has established inter alia, the following commissions: federal constitutional commission; national commission for reconciliation; national commission for the recovery and registration of public and private property; disarmament and demobilization commission; economic recovery commission; land and property disputes commission; national resettlement commission; and the Somalia Olympic commission. 16. Article 71 of the TFC states that the Charter shall have legal effect pending the eventual enforcement of the National Federal Constitution and that the 1960 Somalia Constitution and other national laws shall apply in respect of all matters not covered and not inconsistent with this Charter. 17. Somalia is a signatory to a number of international human rights instruments. It signed the Convention of the Rights of the Child in May 2002 and its Optional Protocol on the involvement of children in armed conflict in September 2005. 4

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