Somalia – Written Submission/NGO Shadow Report for the UN Universal Periodic Review (UPR) of Somalia

UN UNIVERSAL PERIODIC REVIEW – UPR – http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

The Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all UN Member States. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations. As one of the main features of the Council, the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed.

http://www.wluml.org/resource/upr-stakeholder-report-somalia

Somalia – Written Submission/NGO Shadow Report for the UN Universal Periodic Review (UPR) of Somalia

By MUSLIMS FOR PROGRESSIVE VALUES

This submission references Shari’a, international human rights law, and the Provisional Federal Constitution of Somalia (PFC) to condemn human rights violations in Somalia. Although the Somali Government has implemented measures to foster the protection of human rights, Somalia maintains its highly critical human rights record, which requires greater national and international attention.  This report examines violations in the following key human rights areas between May 2011 and June 2015: Freedom of Expression, Freedom of Religion or Belief, Women’s Rights and Gender Equality, and Lesbian, Gay Bisexual, Transgender and Intersex (LGBTI) Rights.

Direct Link to Full 17-Page 2015 Shadow Report on Somalia:

http://www.wluml.org/sites/wluml.org/files/Muslims%20for%20Progressive%20Values%20-%20UPR%20Stakeholder%20Report%20for%20Somalia%20-%20FINALv2.pdf

III. Women’s Rights and Gender Equality

III.I The Somali Government has a legal obligation to protect, enforce, and promote women’s

rights and gender equalityxxxv. However, the Somali Government perpetuates gender inequality

by failing to develop, implement, and enforce policies that prevent violence against women,

forced marriages, and female genital mutilation/cutting (FGM/C).

III.II Approximately 800 cases of sexual assault were reported in Mogadishu in the first six months

of 2013, though the actual number is likely much higher due to chronic underreporting.xxxvi

III.III Children and internally displaced persons remain particularly susceptible to sexual and genderbased

violence and comprise more than one third of reported assaults in Somalia.xxxvii

III.IV Perpetrators of sexual violence include African Union Mission in Somalia (AMISOM) soldiers,

government security forces, and Al-Shabaab.xxxviii

III.V Fear of reprisal and stigma, compounded with a culture of impunity and dearth of appropriate

medical and social services, often deter victims of sexual assault from seeking justice and

medical care.xxxix Survivors who pursue legal action are usually subject to the finger test of

virginityxl, threatened by authorities, and/or imprisoned, as in the case of Lul Ali Osman Barake.xli

III.VI Sexual and gender-based violence is contrary to a central tenant of Shari’a – the right to the

protection of human dignity – and is denounced in the Qur’an.xlii

III.VII In addition to sexual and gender-based violence, Somali girls are often victim to forced

marriages with Al-Shabaab insurgents.xliii Although forced marriage is prohibited under Article

28.5 of the PFC and explicitly condemned in the Qur’anxliv, Al-Shabaab abducts girls while they

are at school, en route, or in other public places and uses intimidation and other fear tactics to

ensure the girls, their families, and school teachers comply with their demands.xlv

III.VIII Refusal to cooperate with Al-Shabaab typically results in severe beatings or death, as well as

death threats to loved ones. Fear of Al-Shabaab has severe consequences on adolescent girls’

enrolment and retention in school. In one instance, all girls over the age of fifteen dropped out

of school after Al-Shabaab kidnapped twelve girls for marriage.xlvi

III.IX Many Somali refugee families report that one of the primary reasons they left Somalia is due to

fear of forced marriage of their daughters.xlvii

III.X Prevalence of FGM/C demonstrates persistent gender inequality in Somalia. Although Article

15.4 of the PFC prohibits female circumcision, 98 percent of Somali girls are reported to have

undergone the procedure.xlviii

III.XI FGM/C is deeply embedded in the Somali culture: girls cannot get married without

undergoing the procedure, due to widespread beliefs that it is a religious requirement, purifies

women, and reduces their sexual libido to maintain their virginity before marriage.xlix,l

III.XII Somali girls who undergo FGM/C as adolescents are often forced to discontinue their

education due to excessive bleeding or because they are preparing for marriage.li Other

consequences of FGM/C include severe bleeding, infection, infertility, and complications in

childbirth.lii

III.XIII The consequences of FGM/C are contrary to the principles of Shari’a, which guarantee the

right to life, education, and human dignity.liii

III.XIV Furthermore, FGM/C violates the Convention on the Rights of the Child (CRC), which Somalia

ratified in early 2015.

Somalia must take all appropriate measures to ensure

the full protection, enforcement, promotion and

enjoyment of women’s rights and gender equality.