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Human rights in Somalia

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Human rights in Somalia are guaranteed in the Federal Constitution, which was adopted in August 2012. They fall under the Ministry of Human Rights established in August 2013.[1] The central authorities concurrently inaugurated a National Human Rights Day, endorsed an official Human Rights Roadmap,[2] and completed Somalia's first National Gender Policy.[3] A Human Rights Task Force was also established in February 2013 to firm up on the protection of individual rights.[4] Additionally, the federal government in December 2014 organized a public awareness campaign,[5] passed a new 54-point national Child Protection Act,[6] and finished legislation on a Human Rights Commission bill.[7] According to the UN's Independent Human Rights Expert on Somalia, local human rights protection has gradually improved as government institutionalization and legislative reform have taken root.[8]

Human Rights Task Force

Former Prime Minister Abdi Farah Shirdon established the first national Ministry of Human Rights.

In early February 2013, Prime Minister Abdi Farah Shirdon launched an Independent Task Force on Human Rights in order to firm up on the protection of individual rights. The 13-member committee of volunteers was formed after extensive consultations with civil society groups and the Speaker of Parliament, Mohamed Osman Jawari. Chaired by prominent human rights attorney Maryam Yusuf Sheikh Ali, one of four women on the panel, the Task Force includes an educator, a peace activist, leaders of Somali women's organizations, senior police officers, a humanitarian campaigner, a religious leader, and a media representative. It is tasked with investigating allegations of human rights abuses and journalist intimidation. At the end of its three-month mandate, the committee is scheduled to publish a report on its findings and recommended courses of action. The Task Force will eventually give way to a permanent parliamentary Human Rights Commission, which will have the capacity to investigate allegations over a longer period.[4]

Ministry of Human Rights

In late August 2013, during a special parliamentary session, Prime Minister Shirdon established the first dedicated national Ministry for Human Rights.[1] The federal authorities concurrently declared 27 August as Somalia's National Human Rights Day. It also endorsed a Human Rights Roadmap, which defines government duties and sets specific benchmarks to be achieved over a two-year timeframe.[2]

On 17 January 2014, new Prime Minister Abdiweli Sheikh Ahmed joined the Human Rights portfolio with Women's Affairs to form the Ministry of Women and Human Rights. It is led by Khadijo Mohamed Diriye.[9]

Women's rights

On August 1, 2012, a new Federal Constitution was adopted, which includes several statutes related to equality as proposed by a Committee of Experts (CoE).[10] Article 11 of the Federal Constitution guarantees equal treatment for all citizens regardless of gender.[11]

Chairperson of the Barnet Muslim Women's Network Hanan Ibrahim addressing the ISSAT (2013).

Women have since obtained greater representation in the public sphere. According to the Inter-Parliamentary Union, 30% of seats in Somalia's Federal Parliament are legally reserved for women.[12] This quota was secured by Somali parliamentary consultant Hodan Ahmed and women political leaders.[13] Ahmed had also helped form the Somali Women Parliamentary Association in 2009 in the preceding Transitional Federal Parliament.[14] In November 2012, Prime Minister Shirdon likewise appointed two women to the Cabinet, Fowsiyo Yussuf Haji Aadan as the nation's first female Minister of Foreign Affairs and Maryam Qassim as Minister of Social Development.[15]

In June 2013, the federal government began drafting the country's first National Gender Policy.[16] Led by Minister Maryam Qassim, the initiative was completed by August and aims to empower women, strengthen gender equality and safeguard women's rights.[3]

According to the UNDP, the most common types of violence faced by women and men in 2012 were physical attacks (50% of reported crime cases) followed by property crimes (32%). There was a low overall rate of sexual violence, with a reported nationwide prevalence rate ranging from 2% to 13%. The UNDP suggested that this was possibly attributable to reluctance on the part of female youth to report such cases due to entrenched cultural and social stigmas, though male youth were more likely to report crimes in general.[17] Most incidents of sexual assault occurred within the context of the insurgency in southern Somalia. Over the first quarter of 2013, Amnesty International reported that 56.7% of victims in Mogadishu were internally displaced persons.[18] According to Human Rights Watch, the government in 2013 developed comprehensive judicial and security reform plans, but had not yet followed through on those commitments.[19] At least two women who reported rape were also prosecuted for prevarication, but were later released following appeals.[20][21]

Parliamentary consultant Hodan Ahmed.

To address the issue, the central authorities as of December 2013 were in the process of forming a special crime unit to investigate and counter gender-based violence, as well as constructing a clinic set aside for victims of sexual assault. The national judiciary, security and police forces were all concurrently receiving specialized gender training as part of the broader reform effort.[22] In June 2014, the Somali government also launched a National Action Plan against sexual violence in conjunction with local civil society groups.[23] As part of the initiative, the Ministry of Women and Human Rights in December 2014 organized a public awareness campaign in the capital on the importance of human rights and how citizens can ensure their protection.[5] It also completed legislation on a new Human Rights Commission bill.[7]

According to a 2005 World Health Organization estimate, about 97.9% of Somalia's women and girls underwent female genital mutilation,[24] a pre-marital custom mainly endemic to Northeast Africa and parts of the Near East.[25][26] Encouraged by women in the community, it is primarily intended to deter promiscuity and to offer protection from assault.[27] By 2013, UNICEF in conjunction with the Somali authorities reported that the prevalence rate among 1- to 14-year-old girls in the autonomous northern Puntland and Somaliland regions had dropped to 25% following a social and religious awareness campaign.[28] Article 15 of the Federal Constitution also officially prohibits the practice.[11]

Prominent human rights activists include the constitutional Committee of Experts member Hanan Ibrahim, who serves as the Chairperson of the Barnet Muslim Women's Network; Hawa Aden Mohamed, Chairperson of the Galkayo Education Centre for Peace and Development; and Fartuun Adan and her daughter Ilwad Elman, founders of the Mogadishu-based Elman Peace and Human Rights Centre.

Children's rights

Article 29 of Somalia's national constitution defines a child as any individual under the age of 18, and stipulates that "every child has the right to be protected from mistreatment, neglect, abuse, or degradation."[11]

Fartuun Adan, Executive Director of the Elman Peace and Human Rights Centre.

According to UNICEF, 82% of children in Somalia in 2006 reported feeling safe in their neighborhoods during the day. 13% felt rather safe, 4% indicated that they don't know/it depends, while 0% reported feeling unsafe. With regard to night-time safety, 53% of children reported feeling safe in their neighborhoods, with 25% feeling rather safe, 4% indicating that they feel rather unsafe, 1% reporting that they feel very unsafe, while 16% stated that they don't know/it depends. Regarding incidences of violence among family/friends and against children, 72% of urban children reported no such incidents, whereas 20% responded affirmatively. 90% of children indicated that they were not themselves the victims of violence, while 10% reported that they were. Of the types of violence experienced by family/friends and by the children, the majority consisted of robbery (37%), followed by assault (28%), rape (19%), family member killed (11%), verbal assault (11%), genocide/war (8%), abduction (6%), being beat/caned seriously (4%), quarreling (3%), and uncertain (2%).[29]

Regarding the extent of trust they had in different societal groups, the children indicated that they most trusted their mother (85% totally; 7% quite) and their father (71% totally; 15% quite). They also asserted that they least trusted the police (3% not very much; 7% not at all) and the mass media (3% not very much; 5% not at all). Additionally, the majority of children reported being aware of their rights (78%), with their right to education (72%), right not to be hurt or mistreated (63%), and right to health (62%) most widely recognized. With regard to the extent to which various rights are respected in Somalia, most children felt that their main rights were respected, including the right to education (58% totally; 19% quite; 3% not quite; 1% not at all; 11% don't know; 7% no response), right not to be mistreated (46% totally; 24% quite; 4% not quite; 5% not at all; 14% don't know; 8% no response), and right to health (52% totally; 22% quite; 3% not quite; 3% not at all; 12% don't know; 7% no response). Regarding their general state of happiness, 86% of children reported feeling happy, 10% were neither happy nor unhappy, and 3% were unhappy. A majority of the children also indicated that the quality of their relationship with their parents was very good (72%), followed by good (17%).[29]

In terms of the proportion of children working for money, 93% reported that they don't work. 6% indicated that they were carrying out a regular part-time job, 6% stated that they were carrying out an occasional or part-time job, and 4% asserted that they were carrying out a full-time job. 64% of children reported not being engaged in unpaid work, 20% indicated that they were carrying out a regular unpaid part-time job, 15% stated that they were carrying out an occasional part-time unpaid job, and 0% indicated that they were carrying out a full-time unpaid job.[29]

In March 2014, Prime Minister Abdiweli Sheikh Ahmed ratified three core International Labour Organization conventions on behalf of the Federal Republic of Somalia, including the Worst Forms of Child Labour Convention.[30] In December 2014, the Federal Parliament also passed a new 54-point national Child Protection Act, which had been formulated by the Ministry for Women Affairs and Human Rights.[31] Additionally, the legislature concurrently ratified the UN Convention on the Rights of the Child.[32] President Hassan Sheikh Mohamud later signed the treaty in January 2015, making Somalia the 195th state party to ratify the global Convention.[33]

Minority rights

Article 11 of the national constitution stipulates that the state must not discriminate against any individual on the basis of race, colour, tribe or ethnicity.[11]

The Gabboye occupational clans, which include the numerically few Madhiban, Yibir and Tumaal (collectively referred to as sab), have over the years obtained political representation within Somalia. Their general social status has correspondingly improved with the expansion of urban centers.[34] However, due to their foreign, non-Somali origins, people from the Bantu ethnic minority group still often face societal marginalization.[35]

In 2013, the federal government announced that it would establish its Directorate General for Human and Minority Rights and Rule of Law within the Office of the Prime Minister.[36] Through the Ministry of Interior and Federal Affairs, it also launched a new national Agency for Refugees and IDPs, which is tasked with handling legislation, response initiatives, advocacy and implementation vis-a-vis returning and internally displaced citizens.[6]

Freedom House index

The following chart shows Somalia's ratings since 1972 on Freedom House's annual Freedom in the World index. A rating of 1 is "free"; 7, "not free".[37]1

International treaties

International human rights treaties that Somalia has signed or ratified include:

Treaty Organization Introduced Signed Ratified
Convention on the Prevention and Punishment of the Crime of Genocide[41] United Nations 1948 - -
International Convention on the Elimination of All Forms of Racial Discrimination[42] United Nations 1966 - 1971
International Covenant on Economic, Social and Cultural Rights[43] United Nations 1966 1967 1975
International Covenant on Civil and Political Rights[44] United Nations 1966 - 1990
First Optional Protocol to the International Covenant on Civil and Political Rights[45] United Nations 1966 - 1990
Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity[46] United Nations 1968 - -
International Convention on the Suppression and Punishment of the Crime of Apartheid[47] United Nations 1973 1974 1975
Convention on the Elimination of All Forms of Discrimination against Women[48] United Nations 1979 - -
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment[49] United Nations 1984 - 1990
Convention on the Rights of the Child[50] United Nations 1989 2002 2015
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty[51] United Nations 1989 - -
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families[52] United Nations 1990 - -
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women[53] United Nations 1999 - -
Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict[54] United Nations 2000 2005 -
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography[55] United Nations 2000 - -
Convention on the Rights of Persons with Disabilities[56] United Nations 2006 - -
Optional Protocol to the Convention on the Rights of Persons with Disabilities[57] United Nations 2006 - -
International Convention for the Protection of All Persons from Enforced Disappearance[58] United Nations 2006 - -
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights[59] United Nations 2008 - -
Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure[60] United Nations 2011 - -

See also

Notes

1.^ Note that the "Year" signifies the "Year covered". Therefore the information for the year marked 2008 is from the report published in 2009, and so on.
2.^ The 1982 report covers the year 1981 and the first half of 1982, and the following 1984 report covers the second half of 1982 and the whole of 1983. In the interest of simplicity, these two aberrant "year and a half" reports have been split into three year-long reports through extrapolation.

References

  1. ^ a b "Somalia takes human rights steps". UPI. 3 September 2013. Retrieved 20 February 2014.
  2. ^ a b "Somalia: UN expert hails human rights effort but urges broader consultation process". UN News Centre. 3 September 2013. Retrieved 20 February 2014.
  3. ^ a b "SOMALIA: AU Special Representative reiterates AMISOM's commitment in protecting the rights of women and vulnerable members of Society". AMISOM. Retrieved 19 February 2014.
  4. ^ a b Prime Minister's Media Office (5 February 2013). "Somalia: Somali PM launches Human Rights Task Force and attacks "culture of impunity"". Horseed Media. Retrieved 20 February 2014.
  5. ^ a b "SOMALIA: Government Weekly Press Conference on the Progress". Gaafo. 6 December 2014. Retrieved 14 December 2014.
  6. ^ a b "New national Agency for Refugees and IDPs launched in Somalia". Goobjoog. 14 December 2014. Retrieved 14 December 2014.
  7. ^ a b "Press release by the Somalia Human Rights Working Group on the occasion of International Human Rights Day" (PDF). Somalia Human Rights Working Group. Retrieved 14 December 2014.
  8. ^ "Somalia: Independent Expert on the Situation of Human Rights in Somalia Concludes Mission [EN/SOM]" (PDF). United Nations Assistance Mission in Somalia. Retrieved 14 December 2014.
  9. ^ "SOMALIA PM Said "Cabinet will work tirelessly for the people of Somalia"". Midnimo. 17 January 2014. Retrieved 17 January 2014.
  10. ^ "Press Release - Somali Government establishes Committee of Experts on Draft Constitution" (PDF). Retrieved 2 July 2012.
  11. ^ a b c d "The Federal Republic of Somalia - Provisional Constitution" (PDF). Retrieved 29 March 2013.
  12. ^ "Somalia (House of the People)". Inter-Parliamentary Union. Retrieved 6 September 2013.
  13. ^ "April 12-13, 2013 - Preliminary Program" (PDF). McDonough Leadership Center. Retrieved 2 April 2014.
  14. ^ "Hodan Ahmed". National Democratic Institute. Retrieved 2 April 2014.
  15. ^ "Somalia: Prime Minister Unveils His New Cabinet". Shabelle Media Network. 4 November 2012. Retrieved 5 November 2012.
  16. ^ "Somali government, AMISOM to draft national gender policy". Sabahi. 13 June 2013. Retrieved 20 February 2014.
  17. ^ "Somalia Human Development Report 2012" (PDF). UNDP. p. 71. Retrieved 20 February 2014.
  18. ^ "Rape and sexual violence in Somalia - An ongoing epidemic" (PDF). Amnesty International. Retrieved 25 June 2014.
  19. ^ "Somalia: Big Promises, Scant Change". Human Rights Watch. Retrieved 14 December 2014.
  20. ^ "Somalia court sentences 'rape victim'". BBC. 9 December 2013. Retrieved 14 December 2014.
  21. ^ "Somali government must protect, not arrest and harass, rape victims – HRW". Reuters. 14 February 2014. Retrieved 14 December 2014.
  22. ^ "Somalia President Hassan applauds Somali women for fighting for the rights of the most vulnerable". Horseed Media. 4 December 2013. Retrieved 20 February 2014.
  23. ^ "Press Release: Somali Government welcomes UK's leadership on Global Summit to End Sexual Violence in Conflict and given particular attention to Somalia". Goobjoog. 10 June 2014. Retrieved 22 June 2014.
  24. ^ "Prevalence of FGM". Who.int. 2010-12-09. Retrieved 2010-12-30.
  25. ^ Rose Oldfield Hayes (1975). "Female genital mutilation, fertility control, women's roles, and the patrilineage in modern Sudan: a functional analysis". American Ethnologist. 2 (4): 617–633. doi:10.1525/ae.1975.2.4.02a00030.
  26. ^ Herbert L. Bodman, Nayereh Esfahlani Tohidi (1998) Women in Muslim societies: diversity within unity, Lynne Rienner Publishers, p. 41, ISBN 1555875785.
  27. ^ Suzanne G. Frayser, Thomas J. Whitby (1995) Studies in human sexuality: a selected guide, Libraries Unlimited, p. 257, ISBN 1-56308-131-8.
  28. ^ "Somalia: Female genital mutilation down". Associated Press via The Jakarta Post. 16 April 2013. Retrieved 17 May 2013.
  29. ^ a b c "What Children and Youth Think - Somalia" (PDF). UNICEF. Retrieved 20 February 2014.
  30. ^ "SOMALIA: PM signs three core International Labour Organization conventions". Raxanreeb. 22 March 2014. Retrieved 22 March 2014.
  31. ^ "Federal parliament approves national child protection act". Goobjoog. 13 December 2014. Retrieved 14 December 2014.
  32. ^ "Weekly Press Conference on the Progress of the Government". Dayniile. 28 December 2014. Retrieved 28 December 2014.
  33. ^ "Government of Somalia ratifies UN Convention on the Rights of the Child". UNICEF. Retrieved 22 January 2015.
  34. ^ Lewis, I.M. (2008). Understanding Somalia and Somaliland: Culture, History, Society. Columbia University Press. p. 8. ISBN 0231700849.
  35. ^ L. Randol Barker et al., Principles of Ambulatory Medicine, 7 edition, (Lippincott Williams & Wilkins: 2006), p.633
  36. ^ "Assistance to Somalia in the Field of Human Rights" (PDF). UN Watch. Retrieved 20 February 2014.
  37. ^ Freedom House (2012). "Country ratings and status, FIW 1973-2012" (XLS). Retrieved 2012-08-22.
  38. ^ Freedom House (2013). "Freedom in the World 2013: Democratic Breakthroughs in the Balance" (PDF).
  39. ^ Freedom House (2014). "Freedom in the World 2014" (PDF).
  40. ^ Freedom House (2015). "Freedom in the World 2015" (PDF).
  41. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 1. Convention on the Prevention and Punishment of the Crime of Genocide. Paris, 9 December 1948". Retrieved 2012-08-29.
  42. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 2. International Convention on the Elimination of All Forms of Racial Discrimination. New York, 7 March 1966". Retrieved 2012-08-29.
  43. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 3. International Covenant on Economic, Social and Cultural Rights. New York, 16 December 1966". Retrieved 2012-08-29.
  44. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 4. International Covenant on Civil and Political Rights. New York, 16 December 1966". Retrieved 2012-08-29.
  45. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 5. Optional Protocol to the International Covenant on Civil and Political Rights. New York, 16 December 1966". Retrieved 2012-08-29.
  46. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 6. Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity. New York, 26 November 1968". Retrieved 2012-08-29.
  47. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 7. International Convention on the Suppression and Punishment of the Crime of Apartheid. New York, 30 November 1973". Retrieved 2012-08-29.
  48. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 8. Convention on the Elimination of All Forms of Discrimination against Women. New York, 18 December 1979". Retrieved 2012-08-29.
  49. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 9. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. New York, 10 December 1984". Retrieved 2012-08-29.
  50. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11. Convention on the Rights of the Child. New York, 20 November 1989". Retrieved 2012-08-29.
  51. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 12. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. New York, 15 December 1989". Retrieved 2012-08-29.
  52. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 13. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. New York, 18 December 1990". Retrieved 2012-08-29.
  53. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 8b. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. New York, 6 October 1999". Retrieved 2012-08-29.
  54. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11b. Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. New York, 25 May 2000". Retrieved 2012-08-29.
  55. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11c. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. New York, 25 May 2000". Retrieved 2012-08-29.
  56. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 15. Convention on the Rights of Persons with Disabilities. New York, 13 December 2006". Retrieved 2012-08-29.
  57. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 15a. Optional Protocol to the Convention on the Rights of Persons with Disabilities. New York, 13 December 2006". Retrieved 2012-08-29.
  58. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 16. International Convention for the Protection of All Persons from Enforced Disappearance. New York, 20 December 2006". Retrieved 2012-08-29.
  59. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 3a. Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. New York, 10 December 2008". Retrieved 2012-08-29.
  60. ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11d. Optional Protocol to the Convention on the Rights of the Child on a communications procedure . New York, 19 December 2011. New York, 10 December 2008". Retrieved 2012-08-29.

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