A/HRC/42/62
to the Gulf States were regularly arrested on suspicion of belonging to Al-Shabaab. They
are tortured, executed and their whereabouts remain unknown. The application of
exceptional laws to combat terrorism, such as Law No. 2 of 2019 in Puntland, is concerning.
Counter-terrorism cases are still tried by military courts and have not been transferred to the
civilian court complex built in Mogadishu.
41.
The Ministry of Justice, in collaboration with the United Nations Development
Programme and the International Development Law Organization, is establishing 16
alternative dispute resolution centres across several Federal Member States. The centre’s
committees, comprising, among others, young persons, women and elders, adjudicate cases
using simplified legal procedures. The committees handle land disputes and other civil
cases, but not criminal cases. Sexual offences or criminal offences are referred to the police
for further investigation. At present, 3 centres have been established in Puntland and 3 in
Mogadishu, while 10 are due to be established in South-West State, Hirshabelle, Galmudug
and Jubbaland towards the end of 2019.
42.
The Ministry of Justice informed the Independent Expert that the committees heard
3,500 cases in 2018, of which 2,900 had been resolved. The Ministry trains the committees’
members, paralegals and traditional elders on constitutional principles, human rights and
criminal law.
43.
The Minister of Justice confirmed that legislation to establish the independent anticorruption commission had been approved by both Houses of Parliament and was awaiting
assent. A bill to establish a land commission is being drafted in order to address the
increasing number of land disputes and complaints. The Minister admitted that access to
justice for many rural communities was a major challenge due to insecurity. However, he
commended civil society organizations providing services in those areas, including for
internally displaced persons. The Federal Government intends to introduce a legal aid
scheme.
6.
Protection of civilians during the conflict
44.
The Independent Expert received information about the killing of civilians during
combat operations by the United States Africa Command forces. On 29 April 2019, the
Independent Expert, the Special Rapporteur on extrajudicial, summary or arbitrary
executions and the Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism addressed a joint communication 6 to the
United States of America and Somalia following allegations of five airstrikes from drones
and manned aircraft conducted on 16 October 2017 in Farah Waeys settlement, on 12
November 2017 in Daarusalaam, on 6 December 2017 in Illimey, on 2 August 2018 in
Gobanle and on 9 December 2018 in Baladul-Rahma, which allegedly killed 14 civilians
and injured 8 more. The communication expressed concern about civilian casualties
resulting from more than 100 airstrikes by United States drones and manned aircraft since
early 2017.
45.
The mandate holders called on the two States to investigate the attacks, hold the
perpetrators accountable, and pay compensation and reparations to the victims and their
families. They reiterated the need to respect international humanitarian law and human
rights during the conflict.
7.
Rights of women
Implementing the 2013 communiqué on the prevention of sexual violence
46.
At the time of the visit, the Special Representative of the Secretary-General on
Sexual Violence in Conflict had just visited Somalia to gain first-hand information about
the persistent problems of sexual violence and to support the effective implementation of
6
Available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunication
File?gId=24518.
9
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