A/HRC/18/6
18.
Article 16 of the TFC recognizes the right to life and provides that no person shall
be deprived of his/her life. However, the right to life is often violated through deliberate
and indiscriminate attacks causing civilian casualties, suicide bombings and attacks by AlShabaab.
19.
The Somali Penal Code covers “hurt”, “grievous hurt” and “very grievous hurt” and
Islam also prohibits female genital mutilation (FGM). However, FGM is very widespread
in Somalia and almost all Somali women and girls are subjected to this damaging practice.
20.
Article 20 of the TFC guarantees the freedom of press and independent media and
the right of every person to freely express his/her own opinion in any manner subject to
limitations prescribed by law for the purpose of safeguarding morals and public security.
21.
While food has always been scarce in Somalia, the current droughts have aggravated
the situation. Lack of water in most parts of Somalia is threatening the lives of millions of
people. The need for food is driving people to seek livelihood in overcrowded IDP camps.
The situation is much worse in Al-Shabaab held areas.
22.
According to the TFC, education shall be recognized as a basic right for all Somali
citizens, and all citizens shall have a right to free primary and secondary education.
23.
As a state party to the Geneva Conventions of 12 August 1949, Somalia is bound by
the rules of international humanitarian law applicable to non-international armed conflicts.
24.
The fighting in Somalia has been marked by widespread and systematic use of
children as soldiers. The Government does not, as a policy, recruit children or allow the
recruitment of children into its security forces and is committed to eradicating the practice
of child soldering in Somalia.
25.
The civil war in Somalia has been devastating in both human and material terms. It
is not only a political imperative but also a social necessity to deal with the legacies of past
atrocities, justice and reconciliation.
26.
Somalia is currently facing tough and complex challenges inter alia, poverty and
droughts, insecurity aggravated by the lack of fully functional institutions including the
institutions of rule of law. In order to address these challenges and constraints, the
Government has initiated appropriate action, inter alia, in the following areas: health;
education; water; institutions of rule of law; police; judiciary; custodial services; making
human rights the foundation of the transition for a new Somalia; and an action plan for
human rights.
27.
The Government is fully aware of all recommendation made by the independent
expert on the situation of human rights in Somalia. A joint international assessment mission
including the Government of Somalia at national and sub-national level is required to
evaluate Somalia’s technical assistance and capacity building needs.
28.
The slowness of the decision-making process of the United Nations has meant that
progress is yet to be made, despite four important Human Rights Council resolutions and
the outcome of the stand-alone interactive dialogue for Somalia held in Geneva on 29
September 2010. OHCHR should make sure that all obstacles are removed for the
implementation of the various proposals it has made in the past regarding assistance to
Somalia in the field of human rights. The TFG calls upon the brotherly, friendly and any
willing country to implement timely and tangible bilateral cooperation within the legal
framework of the resolutions adopted by an unprecedented level of consensus by the
Human Rights Council.
29.
The head of the delegation stated that she was particularly pleased that a
distinguished representative of Puntland was part of the delegation of Somalia and she gave
her the floor.
5
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