A/HRC/21/61
D.
Puntland
34.
In Puntland, the Independent Expert visited Garoowe and the port city of Bossasso.
In Garoowe, he was invited by the President of the Puntland State of Somalia, Abdirahman
Mohamud Farole, to participate in the ceremony organized for the ratification of the
transitional Constitution of Puntland by the regional constituent assembly. He subsequently
met with President Farole and his Vice-President, Mr. Abdisamad. He held meetings with
the Minister for Justice, the Minister for Security, the Chief of Justice and with Members of
the High Judicial Council, as well as with the Police Commander and civil society
organizations. He also visited the Garoowe Central Prison.
35.
The Independent Expert complimented the President on the achievements of his
Government since their previous meeting, in 2011. He acknowledged the President’s efforts
in initiating and supporting a democratization process and moving towards a multiparty
political system, demonstrated by the establishment of an electoral commission, which had
facilitated the process leading to the enactment of a law on political association and the
ratification of the transition Constitution. He also acknowledged the security challenges that
Puntland faced in the light of reports of Al-Shabaab elements entering its territory as they
fled from south-central Somalia. He emphasized, however, the need to accord suspects due
process and their fair trial rights in accordance with the Puntland Constitution.
36.
The Independent Expert commended the Puntland authorities for the gender-neutral
language adopted in the recently ratified Constitution. He raised concerns, however, that
some of its provisions did not comply with international human rights standards and
principles. He expressed the hope that the concerns raised by UNPOS on certain articles
would be addressed with a view to strengthening the Constitution.
37.
In November 2011, the Puntland legislature passed the Human Rights Defender Act,
although a human rights defender has yet to be appointed. The Independent Expert urged
the President to operationalize the Office for the Promotion and Defence of Human Rights
in Puntland by ensuring a transparent selection process for a suitable individual to occupy
the position, for instance through a public call for applications.
38.
The Independent Expert conveyed his concern to the President about the practice of
the appointment and dismissal of judges, which, left to the exclusive discretion of the
executive and the legislature, was likely to affect the independence of the judiciary. He
hoped that measures would be taken to ensure that such decisions were taken in
consultation with an independent legal authority. He suggested the involvement of the High
Judicial Council in reviewing and recommending appointments and the dismissal of judicial
officers. He also appealed to the President to consider abolishing the death penalty or at
least to commit to a moratorium on all executions, in keeping with the commitments made
by Somalia during the universal periodic review.3
39.
The Independent Expert also conveyed his concerns to the Puntland authorities
about the enactment of the Circumcision law, which outlawed pharaonic circumcision but
allowed other forms of female genital mutilation. He urged that the law be amended to
prohibit all forms of female genital mutilation in accordance with article 18(2) of the
Constitution of Puntland, which guaranteed every person the right to the protection of their
body and integrity, and also in accordance with international human rights standards. A
commitment in this regard was made during the universal periodic review for Somalia in
2011.
3
8
A/HRC/18/6.
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