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Somalia - Universal Periodic Review

UPR 38, May 6, 2021
Recommendations by Canada

Overview

Somalia is a state party to five of the nine principal international human rights instruments, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities.

In 2012, a provisional constitution was adopted by the National Constitutional Assembly. This provisional constitution established the Federal Government of Somalia (FGS) and Federal Member States (FMS), and guarantees fundamental rights and freedoms, including freedom of association, expression, assembly and movement.

Somalia has yet to adopt a permanent constitution, establish a constitutional court or implement a functioning human rights commission to promote and protect human rights. The FGS has limited capacity to protect human rights due to its limited control over the country, fragile relations with FMS, and endemic violence (inter-clan conflict and violent extremism). Sexual and gender-based violence is another significant concern. For example, female genital mutation is still practiced, despite being prohibited under the Provisional Constitution.

According to Freedom House and Amnesty International, freedom of movement is limited, as extremist groups such as Al-Shabaab have used coercive measures against civilians.

Allegations of violations of international humanitarian law have been made against forces and insurgents on all sides, including the targeting of civilians, civilian infrastructure, government officials and journalists. Media freedom is not fully respected, contributing to self-censorship by journalists fearing arbitrary and politically motivated arrests and sometimes murder.

Recommendations

Thank you, Madam President.

Canada applauds efforts by Somalia to adopt an inclusive state-building process reflecting the views of women and girls.

Canada recommends that Somalia:

1. End impunity for attacks against journalists, civil society and human rights defenders, women and LGBTQ2I persons - by conducting timely and impartial investigations, prosecuting perpetrators and ending military trials of journalists.
2. Take steps to help increase women’s participation in all branches and levels of government, whether in elected or appointed positions, in line with the Somali Women’s Charter.
3. Protect women and girls from sexual and gender-based violence, including by adopting the Sexual Offences Bill submitted to Parliament in 2020, amending the penal code to ban female genital mutilation, and bringing legislation into conformity with Article 15(4) of the Provisional Constitution.
4. Finalize the Somali constitution and establish a constitutional court that promotes and protects human rights in line with international standards and principles.