A/HRC/42/62
8.
Rights of children
54.
The Independent Expert prioritized the follow-up of children’s rights after his report
in 2018 (A/HRC/39/72, paras. 54–57). He met the Special Representative of the SecretaryGeneral for Children and Armed Conflict in October 2018 and discussed violations of
children rights in Somalia. Violations against children include the recruitment and use of
children for military purposes, abductions and sexual violence. In the 2018 report, the
Independent Expert identified protection gaps, including the absence of a government-run
rehabilitation programme for children who had been captured or who had escaped, and the
absence of an institutional arrangement for coordinating the rehabilitation of those children
(ibid., paras. 54–57, 87 and 91 (m)).
55.
The United Nations has identified challenges and the need for action, inter alia, to
establish government-run juvenile detention and rehabilitation centres, to integrate the
children into their families, and the need for legislation to protect children. The United
Nations has intervened to ensure that death sentences pronounced against captured child
soldiers were commuted to life sentences. The recruitment of child soldiers by government
forces had decreased, but children were being used for non-combat activities, such as at
checkpoints. While reducing exposure to direct attacks by Al-Shabaab, the use of children
at checkpoints is equally prohibited. The predicament of children is exacerbated by the
existence of many actors in the conflict, including foreign fighters.
56.
The Independent Expert was informed that Ministries of Defence, Justice, Women
and Human Rights Development and Internal Security and UNSOM had constituted a Child
Protection Group, which met monthly to coordinate action to rehabilitate children.
“Children’s desks” have also been established at police stations. The Federal Government
plans to enact legislation on juvenile justice to protect children’s rights to due process. He
was also informed that there were only three orphanages in Somalia run by civil society,
one in Afgooye and two in Mogadishu.
9.
Right to freedom of expression and opinion
57.
The right to freedom of expression and opinion has been a major issue of concern
for the Independent Expert throughout his tenure. He has continued to receive reports of
attacks against journalists, and their intimidation, arrest and harassment throughout the
period under review, and during the visit.
58.
One of the attacks on journalists involved two soldiers who were arrested on 24
March 2019 and charged with torturing and intimidating two reporters on 18 February 2019,
who were interviewing passers-by in the streets of Mogadishu. Journalists and editors are
reportedly exercising self-censorship because of intimidation. Radio stations were
pressured by Al-Shabaab to not report a bombing by United States forces. Journalists have
lost confidence in the police and justice system because they do not investigate cases of
police harassment, but rather extensively prosecute them for defamation.
59.
On 8 July 2019, a Somali military court convicted a policeman, Abdullahi Ahmed
Nur, for the murder of Abdirisak Qasim Iman, a Somali journalist who had been killed on
26 July 2018. He was sentenced to five years in prison and ordered to pay compensation of
100 camels. While the penalty remains inadequate, the conviction sent a signal that justice
and accountability for attacks on journalists is possible. According to the Federal
Government, many people have taken up journalism without proper training and therefore
do not observe professional ethics. The Independent Expert emphasizes the importance of
training to enhance their capacity.
60.
The Independent Expert was informed about the review of the media law, which was
awaiting the approval of the Senate. The revision was done through a consultative process
involving media stakeholders. Among the concerns regarding the 2016 law were the heavy
penalties on journalists, requirements concerning certification and the composition of the
regulatory body, which were, for the most part, appointees from the executive branch. The
new regulatory body will be composed of representatives from civil society, women’s
organizations and the National Human Rights Commission. Also, the exorbitant penalties
have been reduced.
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