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. 11

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