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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