A/HRC/42/62
36.
The IOM Migrant Response Centres in Hargeysa and Boosaaso assist returnees from
Yemen with transport, cash assistance, medical emergencies and referrals during relocation.
IOM plans to open another centre in Mogadishu. In 2018, it assisted 2,591 returnees from
Yemen and 269 from Libya to integrate into their communities and 1,000 households,
consisting of internally displaced persons, to relocate from a congested settlement in Baidoa.
Following the failure of the gu rains, IOM expects to implement its activities with an
estimated budget of $299 million for the period between 2019 and 2021. 4
3.
National Human Rights Commission
37.
In his 2018 report, the Independent Expert reported that the names of prospective
members of the National Human Rights Commission had been submitted to Cabinet
(A/HRC/39/72, paras. 21–22). During the visit, the Independent Expert learned that the
names had not been sent to Parliament for approval. The non-operationalization of the
Commission greatly impacts the protection of human rights. It has also delayed the
establishment and operationalization of the Judicial Services Commission, because its chair
becomes a member. The establishment of the Judicial Services Commission is necessary for
the appointment of judges, and their independence and accountability. The continued delay
and failure to submit the names amounts to a waste of public funds.
4.
Somalia Joint Human Rights Programme
38.
The Independent Expert had previously raised concerns about the capacity
constraints facing Somalia, in particular those facing the Ministry of Women and Human
Rights Development, and institutions in the justice and security sectors. The lack of
capacity has had an impact on their ability to implement numerous recommendations and
other human rights obligations. 5 The Somalia Joint Human Rights Programme is a
partnership between the Federal Government, UNSOM, the United Nations Development
Programme and the United Nations Children’s Fund. It has a budget of $5.6 million over
three years. The Programme is supported by Sweden, Denmark and Norway and
implemented by the Ministry of Women and Human Rights Development as the lead
agency. Although not fully funded, additional donors have expressed a willingness to
contribute. The Independent Expert urged representatives from donor countries to do so
during his meeting in Nairobi.
39.
The Somalia Joint Human Rights Programme has enhanced the capacity of the
Ministry of Women and Human Rights Development and other institutions at the federal
and State levels to address human rights issues. The disbursements to Federal Member
States has addressed previous complaints of a lack of support from the Federal Government.
The Programme serves as a strategic platform to deliver on key human rights and gender
commitments and priorities, advocacy, and convening and building partnerships. This
included the ratification of the Convention on the Rights of Persons with Disabilities and
the passing of legislation to establish a national disability agency. Somalia also submitted
its first mid-term report under the universal periodic review in January 2019 and began
preparing its reports to the Committee against Torture and the Committee on the Rights of
the Child. Specialized training on children in armed conflict and conflict-related sexual
violence has been carried out, as well as on advocacy on the rights of persons with
disabilities. The “scorecard” on the promotion and protection of human rights between
2017 and 2019, released by the Ministry of Women and Human Rights Development in
June 2019, highlighted major achievements. Support for civil society organizations has
enabled them to deliver training and advocacy programmes.
5.
Justice and security sector reforms
40.
Military courts continue to exercise sweeping powers that, in some cases, violate fair
trial principles and due process rights. It was alleged that young persons transiting Puntland
4
5
8
IOM, “IOM Somalia Strategic Plan 2019–2021” (2018).
A/HRC/30/57, paras. 52 and 78; A/HRC/36/62, paras. 69 and 93 (j); A/HRC/33/64, para. 94 (k); and
A/HRC/39/72, paras. 27, 90 and 92 (a) and (e).
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