A/HRC/42/62
the 2013 communiqué between the Federal Government and the United Nations to end
sexual violence in Somalia.
47.
The implementation of the communiqué depended on the enforcement of measures,
inter alia, investigation, prosecution and punishment of the perpetrators of alleged
violations, and the protection of victims, witnesses, journalists and others who report sexual
violence. Other measures included strengthening the legal framework through the
enactment, review or harmonization of the relevant legislation; reforming penal laws and
ensuring specialized capacity for investigation, prosecution, training magistrates, raising the
awareness of women about legal procedures, and their protection in the traditional justice
system; and ensuring access to services, including in newly accessible areas. The Federal
Government committed itself to implement the communiqué and develop a new national
action plan to end sexual violence in situations of conflict.
Sexual offences bill
48.
The prevalence of sexual and gender-based attacks against women and girls, in
particular gang rapes, remains a major concern. The sexual offences bill, which contains
several progressive provisions, was submitted to the Federal Parliament earlier this year,
but it has not been tabled for first reading due to opposition on religious and cultural
grounds. Puntland and Somaliland have not implemented their laws due to similar
objections. The removal of key provisions will undermine the main objective of its
adoption, and the protection for girls against forced marriages.
49.
The Independent Expert urged the Speaker and the Human Rights Committee of the
Federal Parliament to emulate Islamic States that have adopted similar laws and
emphasized the need to carry out advocacy with parliamentarians, religious leaders and clan
elders to garner support for the proposed legislation.
50.
In 2016, the Independent Expert and the Federal Government agreed to convene a
conference addressing sexual and gender-based violence, and the role of traditional dispute
resolution (xeer) in fighting impunity based on comparative practices, experiences and the
legislation of other Islamic countries (A/HRC/39/72, paras. 62–63). While the conference
could not take place, the Independent Expert recommends that the Government convene a
similar conference.
Somali Women’s Charter
51.
The Ministry of Women and Human Rights Development organized a convention on
women in March 2019 to discuss the challenges affecting women in Somalia, and adopted
the Somali Women’s Charter. The Charter reaffirms the unity of Somali women and calls
for unconditional gender equality, empowerment and human rights for women to be
included in the proposed federal constitution. It proclaims that Somali women are equal
partners in the processes concerning peace, politics and sustainable development in Somalia.
It calls for equal participation of women in every aspect of institutional and national life,
including during the ongoing constitutional review process.
52.
The Charter reiterates the notion of zero tolerance for gender-based violence and
harmful traditional practices, and commits the participants to eliminate all forms of genderbased violence, including female genital mutilation. The Charter demands that the
constitution guarantee women’s security and safety, and equal representation in public and
private leadership roles in order to address structural and historical discrimination. It also
demands the immediate adoption and enforcement of the sexual offences bill and
legislation against female genital mutilation. It calls for solutions to address discrimination
against women through such measures as access to education and technology.
53.
The Independent Expert urges the Federal Government, Federal Member States and
all stakeholders to embrace the Charter and address the concerns of women from minority
clans and other marginalized groups, who suffer from a lack of protection due to the
pervasive clan system or weak governance structures.
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