Dear members of the press,
Ladies and gentlemen,
Good morning and thank you for coming.
I address you as the United Nations Independent Expert on the situation of human rights in Somalia, at the conclusion of my fourth visit to Somalia, which I undertook from 4 to 11 May 2025.
Let me begin my statement with my deep appreciation to the Government of Somalia for its cooperation with my mandate and for its kind support in organizing this visit as well as for the useful dialogue we have had, which I hope will continue in the future. I also take this opportunity to sincerely thank my UN and AU colleagues and members of the diplomatic community on the ground for their unwavering support to make my visit a success.
To recall, my mandate requires me to monitor and report on the situation of human rights in Somalia with a view to making recommendations on technical assistance and capacity-building in the field of human rights. Thus, the aim of my visit was to assess the human rights situation, including the implementation of my benchmarks and recommendations since the issuance of my previous report in October 2024. Accordingly, these remarks represent my preliminary observations of my current visit to Mogadishu, Somalia.
During my visit, I met and interacted with the Inter-ministerial Committee (officials of the Ministry of Family and Human Rights Development, the Ministry of Justice, the Ministry of Defence, the Ministry of Interior, the Office of the Attorney General), the Ministry of Foreign Affairs and International Cooperation, the National Disability Agency, the National Independent Election Commission, a member of the House of People and members of the Temporary Selection Panel mandated by the National Human Rights Commission Law for the selection of commissioners to serve in the upcoming National Independent Human Rights Commission. I also had the opportunity to meet and discuss with a wide range of non-governmental stakeholders, including diverse civil society organizations (CSOs), journalists, social media activists, persons with disabilities, representatives of minority groups, women and other historically marginalized sections of the community. I also met and interacted with UN agencies, the African Union Support and Stabilization Mission in Somalia (AUSSOM) and the diplomatic community with a view to deepening my understanding of the challenges and progress made in the promotion and protection of human rights in Somalia.
Ladies and Gentlemen,
While assessing the human rights developments in the context of the ongoing transitions at the UN and AU levels in Somalia, I took note of the rapidly changing internal political, security and humanitarian situations negatively impacting the enjoyment of human rights in the country. I strongly condemn Al-Shabaab, which remains the major perpetrator of a range of human rights abuses against civilians including children and is responsible for keeping the country in a perpetual security crisis.
Moreover, the impact of climate change and the current global funding crisis have adversely and disproportionately affected Somalia as it mostly relies on aid. These developments made the situation in Somalia volatile for the enjoyment of human rights.
I also remain concerned about the upsurge in conflict between Al-Shabaab and its associates, and the government forces supported by Community Defence Forces and its international partners as well as instances of military confrontation between the federal government and Jubaland State resulting into alleged killings and displacement of civilians, including in Jubaland, Hirshabelle, Galmudug, and Benadir regions. I also learnt that these fights have led to an increase in human rights violations and humanitarian protection concerns, including Sexual and Gender-Based Violations (SGBV), child recruitment and early marriage issues, among others. Moreover, the ongoing political, clan and resource-related conflicts have further exacerbated the human rights and security problems in the county.
Ladies and gentlemen,
I am disappointed to learn that there has been no parliamentary action on the constitutional review process since the passing of the first four chapters last year. Nevertheless, the Ministry of Justice has been conducting consultations on chapters six to nine, involving the new justice model including dealing with prisons, the custodian courts and the Attorney General Office. I encourage the government to enhance the participation of all stakeholders, build consensus and speed up the review process to ensure the inclusivity, legitimacy, transparency and credibility of the constitutional making process.
Regarding other legal and policy frameworks, I remain concerned that there is no progress in the ratification of relevant international and regional human rights instruments, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and the African Charter on the Rights and Welfare of the Child. Similarly, efforts to put in place relevant national laws to properly protect human rights have not shown any progress. Nonetheless, I would like to appreciate authorities for the adoption of the Anti-Female Genital Mutilation Act by Jubaland and the Disability Act by South West State.
Review and adoption of other key legislations at the federal level, including the Offenses of Rape and Indecency, the Juvenile Justice Bill, the Child Rights Bill and the Anti-Female Genital Mutilation Bill and the review of the 1964 Penal Code and the Criminal Procedure Code, are long overdue and require the government to take proactive measures to finalize the amendments and adoption processes once and for all. While it may be encouraging to note that many of these bills have been approved at the cabinet level, it is equally concerning that no concrete actions have been taken to adopt these bills into laws at the House of People and Senate levels.
Ladies and Gentlemen,
I am encouraged by the organisation of a National Human Rights Summit, which resulted in a communiqué that discussed human rights concerns and outlined the commitment of the authorities to establish the overdue National Independent Human Rights Commission. I also noted that a Temporary Selection Panel was established and has published vacancy announcements. Along the same lines, I look forward to seeing the establishment of the Law Reform Commission and the Judicial Administration Commission, which will play a pivotal role in advancing access to justice and accountability in Somalia.
Ladies and gentlemen,
I observed that the space for exercising the rights to freedom of expression, including the freedom to seek, receive and impart useful information, is severely restricted. Al-Shabaab has continued to target, kill and intimidate journalists and media workers to suppress reporting of critical information about its activities and narratives in the country. My interactions with journalists, social media activists, CSOs, international partners and government officials revealed that journalists and those who take the opportunity to exercise their rights to freedom of expression using different platforms have continued to be intimidated, harassed, beaten, and detained by security officials, with impunity. Official and unofficial remarks made by some authorities demanding journalists to refrain from reporting on security and political issues or base their reporting only on government sources, as well as the confiscation of media equipment and deletion of documented information have become a norm.
I am concerned that all these have created a climate of fear and self-censorship among journalists who report on issues related to security and conflict, leaving the people in the dark on the most-needed information to protect themselves.
Ladies and gentlemen,
I commend the Government of Somalia for some progress made towards enhancing the participation of women and persons with disability (PWD), including by putting in place a 30 per cent quota system for women and a 5 per cent quota for PWD in electoral processes. Efforts are also being made to develop regulations and guidelines to practically implement this quota system within the context of the proportional electoral system. However, I received genuine concerns from various stakeholders about the use of the clan-based system of 4.5, entrenched in the governance system of the country, that would determine the eventual outcome of the election processes. I, therefore, demand the Government of Somalia to ensure that the regulations and guidelines result in the practical application of these provisions.
Although I noted positive initiatives to establish forensic laboratory and training of security officers on investigation of sexual violence, only limited actions are still taken to investigate violence against women and hold preparators accountable. The challenge of women affected by human rights violations and abuse is further aggravated by the lack of support and protection due to the reduction of funds.
In the meantime, I am pleased to learn that the National Disability Agency has now started its full operation by identifying priority intervention areas for the year. Equally, I noted the challenges faced by PWD including stigma and discrimination at all levels and difficulties in accessing services and facilities. Given the magnitude of these challenges, I encourage the government and other partners to provide financial and technical support to the agency.'
Ladies and Gentlemen,
With regard to the rights of children, I welcome the effort of the Inter-Ministerial Committee on Children and Armed Conflict in following up on the implementation of the 2019 roadmap on children in armed conflict as well as in identifying and responding to the needs of children affected by conflict. In this regard, a curriculum on training for the protection of children in armed conflict is put in place, and the 2019 road map is being reviewed by the Government of Somalia. I also noted the progress made on implementation of the age verification guidelines, and cooperation on the handover of disengaged children. Nonetheless, grave violations against children, such as recruitment of children by the community defence forces and clan militia have continued. Similarly, the ongoing conflict, the funding crisis and the dire impact of climate change in some parts of the country have contributed to the closure of schools and an increase in the displacement of families, affecting children disproportionately.
Ladies and Gentlemen,
Whereas there is consensus on the presence of minority groups in the country, there seems to be a lack of clear understanding of who these groups should include. Along the same lines, I noted that there is a lack of appetite to fully accommodate them in crucial national and regional decision-making processes. While members of minority and marginalized groups have continued to face discrimination at all levels (public and private) including in accessing services and exercising their rights to participation, no solid action appears to be taken to protect their fundamental rights. I call upon the government to embark on concrete legal and institutional measures to safeguard the rights of those groups left behind and to enhance inclusivity and equality among all groups of the community as it is being promoted by the government.
Finally, I would like to conclude my statement as follows.
As we consider the UN and AU transition in Somalia, I call upon the Government of Somalia to seize this opportunity to accelerate its work on the constitutional review and adoption process, establishing legislative and institutional frameworks to guarantee the rights of all Somalis going forward. At the same time, to strengthen its policy and institutions to properly deal with its fragile security, political and humanitarian realities. Moreover, addressing the negative impact of climate change and the current funding crisis on the populations - in particular ensuring access to basic social services such as water supply, food, health care delivery and education for all children - is essential. I also request the international community to support the efforts of Somalia in this regard.
The findings of my visit and other recommendations will be presented in my comprehensive report to the Human Rights Council at its sixtieth session and to the General Assembly at its eightieth session later this year.
Thank you for your attention.
QUESTIONS AND ANSWERS
Abdirizak Abdullahi Adan, Mustaqbal media: So, my question is about the growing incidence of arbitrary detentions and (how it links) to press freedom. So, what immediate actions have you recommended to Somali authorities to address this human rights violation and what steps are being taken to ensure accountability for those responsible?
Isha Dyfan, Independent Expert on the Situation of Human Rights in Somalia: Yeah, the first is that I met with the Attorney General’s office, and I put these questions to them as well and I am informed by him that there is now a group that monitors detention centres to ensure that if there is any detention that they would look into the matter, and they will release within 48 hours if there are no charges by the police. The second is that I have asked them to put in place a moratorium on using the penal code to charge journalists, in effect they should be using the Media Law if they have grounds to charge any of the journalists. The third thing is that I have asked them to amend both the Media Law that also reflects some concerns in the Media Council. So those are the three immediate things: ensure that they release, if they arrest, they should release if they are not charging within the law which is 48 hours, and that the Attorney General’s office should be in charge of that and if we hear anything at my presentation, I will have to raise that also at the Human Rights Council.
Ibrahim Abdullahi Isaak, Kaab TV: People living in […] regions of the country. What’s the plan of UN and AU in that places and what will you report back to your headquarters?
Isha Dyfan, Independent Expert on the Situation of Human Rights in Somalia: In terms of the impacts of climate change that would result on human rights, there are two things, one is that the government has been able at the regional level to discuss access to the funds that have been put by COP – you know the COPs system that every year there is a COP system that discusses climate change – and the Eastern Region is one of the regions that can access the fund. So, there are discussions now that Somalia, and other countries within this region, would be able to access that in order to build their resilience to climate change impact which would be flooding and all other types of impacts on human rights.
Osman Abdullahi, SMS TV: How did you monitor the difficult living conditions faced by vulnerable communities?
Isha Dyfan, Independent Expert on the Situation of Human Rights in Somalia: I had good cooperation with everyone. All the stakeholders that I wanted to meet, met me, of course I am not able to meet everybody but their representatives were there. In terms of the government, the interministerial meeting went very well. In terms of civil society and other groups, I met them, and they were able to inform me about their challenges and lack of progress in many areas; and all the vulnerable groups were represented, whether it was minority or marginalised groups, and even in terms of the minorities, the various minority sectors. So it’s not like just one group but various groups within that. I held meetings with them separately as well. So, I am pleased that there is a platform for them to meet me.
Hamdi Hassan Ahmed, Risaala Media Corporation: Can you share specific examples of how your recommendations have been implemented to address human rights abuses?
Isha Dyfan, Independent Expert on the Situation of Human Rights in Somalia: Ok, I think it is important to look back on the human rights summit that was held some time ago. I was not here, but we watched it and we have read the communique. I think that forms the basis of the commitment by the government and those who attended that human rights, for everyone, would be respected and protected. That is, at least it is the first time that such a summit is being held and it is now for all the stakeholders to take this commitment and advocate and continue to follow up with the government and the international community on ensuring that those commitments are met. One of them is the National Human Rights Commission – that has been overdue for a long time and there is a commitment in that communique, that this time round, they will establish it by the parliament and the commissioners will be appointed and the steps that I have seen, which is setting up the recruitment panel and announcing the vacancies, is one step towards that. We now have to see whether or not that commission would be formed, and other commissions too. It’s not just that one that will protect human rights. You need the Commission on the Judiciary, you need the Law Reform Commission – because most of the laws now have to be amended for the modern time, the laws that they are applying now are very old and not applicable to this world.