A/HRC/42/62 implemented. The Government attributes it to the lack of institutional capacity resulting from the non-recognition of Somaliland. 1. Rights to freedom of expression and opinion 84. The Independent Expert remains concerned at the failure to observe fair trial guarantees to protect journalists against police harassment. He was informed that 70 violations against media personnel had been recorded during the year, 28 journalists arrested and three media houses suspended in the first seven months of 2019, of which only four cases had been sent to court. A 2015 directive by the Chief Justice prohibiting the arrest of journalists without a warrant has not been implemented. The Government argues that arrests are made to protect an individual from public retaliation when information deemed to undermine the legitimacy of Somaliland is published. It was also stated that a member of parliament was detained for the same reasons, in spite of his parliamentary immunity. 2. Administration of justice and rule of law 85. The police allegedly operate with high-handedness across Somaliland, notwithstanding the adoption of the Police Law, which protects the rights of those arrested. The Police Law does not include any oversight mechanism. According to the Speaker of Parliament, a select committee of Parliament can demand accountability for any police misconduct from the Minister of the Interior. This mechanism is inadequate. The Rapid Response Unit of the police force established to combat terrorism applies unnecessary and excessive force with grave consequences when deployed to quell civil unrest. 86. The police reportedly prohibit lawyers from representing their clients who have been arrested and refuse to disclose evidence until court. There is general agreement that legislation concerning the police should provide for oversight and accountability mechanisms and that training of police on human rights should be provided. Lawyers are intimidated and prosecuted before the military court. There is lack of respect for the independence of the judiciary. 87. The Attorney General requested support to equip a training centre, built with the assistance of the Government of the United Kingdom of Great Britain and Northern Ireland, to train law enforcement officials to deal with sexual and gender-based violence and piracy cases. 3. Sexual and gender-based violence 88. The Independent Expert commended Somaliland for adopting the Rape and Sexual Offences Law. However, objections raised by religious leaders and other sections of society and the Government has delayed its implementation, indicating that it will likely be amended. Opponents of the law argue that it does not reflect Islamic principles and traditional culture. The Attorney General argued that his office was not involved in drafting the bill. The Independent Expert was also informed that civil society organizations that supported its adoption face intimidation. The Independent Expert urges Somaliland to ensure that the protection afforded to women is not undermined by the amendments. 89. The Independent Expert was informed about the continued application of customary law to resolve cases of rape and other sexual and gender-based violence in contravention of a directive issued by the Attorney General’s office in 2014 prohibiting the use of xeer to deal with cases of sexual violence. He regretted the continued existence of gang rapes and other cases of sexual and gender-based violence. Among the factors contributing to the phenomenon of gang rapes was the high rate of youth unemployment, and the lack of social and recreational activities for young persons. 90. The Attorney General’s office, with the assistance of the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) and the United Nations Development Programme, has trained specialized units to prosecute sexual and genderbased violence in four of the six provinces of Somaliland. There are 20 female prosecutors within the Attorney General’s office, which has increased the confidence of victims to report rape cases. In 2018, the Attorney General’s office prosecuted 134 cases. Of those 15

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