A/HRC/39/72
I. Introduction
1.
The present report of the Independent Expert on the situation of human rights in
Somalia, Bahame Tom Nyanduga, covers the period since his previous report to the Human
Rights Council at its thirty-sixth session (A/HRC/36/62). It is submitted pursuant to Human
Rights Council resolution 36/27, in which the Council requested the Independent Expert to
continue to work closely with the Federal Government of Somalia at the national and
subnational levels, as well as with all United Nations bodies, including the United Nations
Assistance Mission in Somalia, the African Union, the Intergovernmental Authority on
Development (IGAD), other relevant international organizations, civil society and all
relevant human rights mechanisms, and to assist Somalia in the implementation of, inter
alia, its domestic and international human rights obligations and Human Rights Council
resolutions and other human rights instruments, including associated routine reporting. The
Council also requested the Independent Expert to report to it at its thirty-ninth session and
to the General Assembly at its seventy-third session.
A.
Political, socioeconomic and human rights landscape
2.
As a background to the present report, it is imperative to record the steady progress
made by Somalia during the past year, during which it continued to record significant
improvements in the political, socioeconomic, humanitarian and human rights landscape,
which led to stability throughout the country, with the exception of the reported terror
attacks. The participation in 2018 of the Federal Prime Minister, Hassan Ali Khaire, in
meetings of the World Economic Forum in Davos, Switzerland, held on 23–26 January
2018, was a highlight of the growing confidence in Somalia of the international community.
Somalia continued to consolidate the peace, reconciliation and institution-building
processes that had been a key feature since August 2012, when the Transitional Federal
Government was established. However, despite the progress made, Somalia continues to
face many security, political and economic challenges that have an impact on human rights
situation in 2018.
B.
National constitutional convention
3.
During the reporting period, the Federal Government embarked on the process of
adopting a permanent constitution. On 13–15 May 2018, Somalia convened in Mogadishu a
national convention on the launch of the constitutional review process and planned to have
a new Constitution before the “one-person, one-vote” elections scheduled to be held in
2020. The convention included representatives of the Federal Parliament, the Federal
Government, the judiciary, the National Independent Electoral Commission, the Boundaries
and Federation Commission, the Federal Member States, the Banadir Regional
Administration, youth groups, women, civil society organizations, professional associations,
religious scholars, members of the Somali diaspora, people with special needs, traditional
elders and members of the international community.
4.
The Prime Minister pledged financial and political support to the process and
expressed his hope that the country would have a new constitution by the end of 2019. The
Federal Government pledged $3 million for the process and urged the participants to
produce a Somalia-owned document that would guarantee national unity. The Independent
Expert commends the Federal Government for undertaking an inclusive process and
ensuring that the review is a Somali-owned process. It is of paramount importance to reach
political agreement to define the allocation of powers, economic resources and revenues so
that the Federal Member States are not left behind. To that end, the Independent Expert
applauds the commitment made by participants at the convention.
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