A/HRC/18/6
introduction of a centralized modern system of governance. Hence, when the modern state
institutions fell apart, the traditional institutions were no longer able to resume their earlier
role.
9.
The entire State system has to be rebuilt. The main challenge ahead of the Somali
Government is the harmonization between the traditional setting and the modern statehood
in which the harmonization between the genuine Islamic sharia law, the Somali customary
law and the modern law is one of the main pillars.
10.
In 2004, Somalis agreed on the Transitional Federal Charter (TFC) which resulted
from the 2002–2004 Intergovernmental Authority on Development (IGAD) sponsored
peace talks in Kenya. Since its relocation to Somalia in 2005, the Transitional Federal
Government (TFG) has faced opposition from armed groups.
11.
The delegation stated that the situation in Somalia does not fit the general approach
of the universal periodic review (UPR) because the UPR process generally involves a
review of the human rights record of a Government in a normal situation. This is not the
case in Somalia. The TFG has to deal with human rights violations which are not of its own
making on a daily basis. The capacity of the TFG to protect its citizens, particularly in
areas outside its direct authority is very limited. For example, people in Al Shabaabcontrolled territories face gross human rights violations such as summary and extrajudicial
executions, torture and other inhuman and degrading punishment such as amputations and
floggings.
12.
Chapter 5 of the TFC provides for the protection of the fundamental rights and
freedoms of the people of Somalia. Article 14 states the Somali Republic shall recognize
and enforce all international human rights conventions and treaties to which the Republic is
a party.
13.
The TFC guarantees the rights to reside, work and travel freely in any part of the
country; to organize, form or take part in political, labour, professional or social entities
according to law; to vote upon attainment of 18 years of age; and to contest any vacant seat.
It also prohibits interference with personal communication, and guarantees inter alia,
equality before the law, the right to life, personal liberty and security, rights relating to legal
proceedings, labour, the right to assemble and freedom to strike, freedom of information
and media, the right to establish political parties, and the right to establish social
organizations, political asylum, education, protection of family, and social welfare.
14.
Chapter 9 of the TFC defines the scope and powers of the federal judiciary. The
TFC recognises the independence of the judiciary in the exercise of its functions and the
separation of powers between it, the legislature and the executive branch of Government.
15.
The Transitional Federal Parliament (TFP) has established inter alia, the following
commissions: federal constitutional commission; national commission for reconciliation;
national commission for the recovery and registration of public and private property;
disarmament and demobilization commission; economic recovery commission; land and
property disputes commission; national resettlement commission; and the Somalia Olympic
commission.
16.
Article 71 of the TFC states that the Charter shall have legal effect pending the
eventual enforcement of the National Federal Constitution and that the 1960 Somalia
Constitution and other national laws shall apply in respect of all matters not covered and
not inconsistent with this Charter.
17.
Somalia is a signatory to a number of international human rights instruments. It
signed the Convention of the Rights of the Child in May 2002 and its Optional Protocol on
the involvement of children in armed conflict in September 2005.
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