A/HRC/45/52 outlets were reportedly attacked. 38 On 14 August 2019, a cameraman working for the Somali National Army Radio was among several individuals killed in a car bomb attack by Al-Shabaab targeting the army base in Awdheegle. 39 On 16 February 2020, a freelance journalist was killed by unidentified armed men in the town of Afgooye, Shabelle Hoose Region, after having allegedly received numerous threats. An investigation has reportedly been launched into the killing. 40 On 5 May, a reporter working with Kalsan TV was reportedly stabbed to death on his way home while trying to separate a man and a woman who appeared to be fighting. It is alleged that the journalist was deliberately targeted for his coverage of political issues.41 45. The Independent Expert urges the Somali authorities to redouble their efforts to improve the safety and security of journalists and create an enabling environment in which they can operate, in dignity, free from any abuse. The Independent Expert also urges the authorities to conduct thorough investigations into all allegations of human rights violations against journalists and other media practitioners. C. Strengthening the rule of law and accountability 46. The Somali justice sector straddles the traditional xeer system, sharia law and the formal legal system based on national and international law. While the formal justice infrastructure is being progressively rebuilt, it remains fragile due to the lack of accountability. An alternative dispute resolution mechanism established to complement the struggling formal justice system appears to have increased access to dispute resolution but has not, however, resulted in greater justice for women and girls or for members of marginalized and minority communities. 47. The Independent Expert welcomes the federal authorities’ commitment to strengthening the rule of law and preventing impunity by drafting a new Penal Code, building the capacity of the police and the judiciary and taking steps to establish a legal aid system. 42 The Independent Expert welcomes the passing laws establishing an anticorruption commission and a land commission and urges the Somali authorities to ensure the appropriate functioning of these institutions. 48. Delays in enacting crucial national legislation and establishing justice mechanisms weaken legal and institutional frameworks. For the most part, inadequate and ineffective policing services remain unaccountable; an under-resourced and unskilled judiciary negatively affects the fair dispensation of justice; and unregulated customary practices that are in conflict with human rights law continue to impede the fight against impunity. The revision of the Provisional Federal Constitution has been under discussion for more than two years with no consensus among federal and state authorities. The establishment and operationalization of the Judicial Service Commission and the Constitutional Court have also been delayed. 1. Establishment of the national human rights commission 49. The Independent Expert reiterates that finalizing the establishment of the national human rights commission, a step that has been pending for almost two years, is of the utmost priority. A national human rights commission that is independent and adequately resourced, in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), and that is empowered to monitor and provide accountability for human rights violations and abuses is critical to enhancing access to justice and ending impunity. Not prioritizing the operationalization of 38 39 40 41 42 See https://fesoj.org/wp-content/uploads/2020/05/FESOJ-REPORT-2020.pdf. See also www.nusoj.org/wp-content/uploads/2020/03/Annual-Report-2020.pdf. Ibid., p. 4. Ibid. See https://en.unesco.org/news/unesco-director-general-condemns-murder-journalist-said-yusuf-alisomalia. See https://lib.ohchr.org/HRBodies/UPR/Documents/Session24/SO/Somalia.pdf. 11