A/HRC/39/72 69. During his meetings with the Acting Attorney General, the Chief Justice and the Minister for Justice, it emerged that the practice was known within the Government. It had been reported that prisons were congested because of the illegal incarceration of these young people, although this was denied. The Independent Expert urges Puntland to address the social delinquency problems through social rehabilitation programme rather than through penal sanction. 70. In spite of these challenges, Puntland continues to record economic growth through the construction of vital infrastructure, such as a new airport and solar power generation farms, and has continued to host internally displaced persons, who enjoy vital services, including solar powered lighting in their settlements in the town of Garowe, on an equal basis to the other residents. VIII. Somaliland 71. The Independent Expert could not visit Somaliland during the mission. However, through credible remote monitoring, he was able to record some positive as well as some negative developments that affected human rights. Somaliland had held presidential elections on 16 November 2017, and a new President, Muse Bihi Abdi, had been elected after 17 years of rule by President Ahmed Mohammed Mohamoud, known as “Silanyo”. While the elections were deemed free and fair, it is noted also that prior to the election there had been a lot of harassment and intimidation, and Kalsan Television had been closed arbitrarily by a minister for reporting on a presidential candidate’s rally. Intimidation of journalists had continued in the post-election period. In May 2018, two television stations were banned and journalists arrested for allegedly reporting destabilizing news. Journalists were intimidated and imprisoned for conducting investigations into corruption or topics deemed sensitive, such as the investment agreements regarding the Berbera Port. 72. Somaliland continues to punish persons who espouse national unification. A female poet who had composed a poem glorifying national unity was imprisoned for three years on 15 April 2018 but subsequently pardoned by the new President. A traditional ruler who had been imprisoned was also recently pardoned. The Independent Expert urges the Somaliland authorities to adhere to the human rights obligations that have been assumed by the Federal Republic of Somalia. 73. On 6 January 2018, the Lower House of Parliament passed the rape bill. The House of Elders, otherwise known as the Guurti, revised the bill on 12 April 2018, reducing the legal definition of a child from someone aged 18 years and under to 15 years and under, and removing the exemption of fathers and grandfathers from punishment if they are involved in cases of forced marriage. These changes negated the protection that the rape bill had introduced. The law, however, criminalized rape in Somaliland for the first time. 74. The Independent Expert urges the Federal and Somaliland authorities to find wisdom and engage in talks and negotiations to resolve their long-standing differences for the sake of peace and development in Somalia. The recent differences emanating from the proposed concession offered to the port operator DP World to invest in Berbera Port should be resolved for the good of the broader Somali people. 75. Similarly, the Independent Expert urges Puntland and Somaliland to resolve their territorial dispute over Sool and Sanaag for the long-term peace and development of the Somali people at large. IX. African Union Mission in Somalia 76. During his mission to Somalia, the Independent Expert met with officials from AMISOM to follow up on a range of issues, including the action taken by AMISOM to strengthen its international humanitarian law and human rights compliance and accountability mechanisms. He also wanted to know about the gradual withdrawal of AMISOM troops. All of these issues have broader human rights implications in the short, medium and long terms. 16

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