United Nations CCPR/C/SOM/CO/1

International Covenant on Distr.: General

6 May 2024
Civil and Political Rights
Original: English

Human Rights Committee

Concluding observations on the initial report of Somalia*

1. The Committee considered the initial report of Somalia 1 at its 4083rd and
4084th meetings,2 held on 7 and 8 March 2024. At its 4105th meeting, held on 22 March
2024, it adopted the present concluding observations.

A. Introduction

2. The Committee is grateful to the State party for having accepted the simplified
reporting procedure and for submitting its initial report in response to the list of issues prior
to reporting prepared under that procedure.3 It expresses appreciation for the opportunity to
initiate its constructive dialogue with the State party’s delegation on the measures taken
during the reporting period to implement the provisions of the Covenant. The Committee
thanks the State party for the oral responses provided by the delegation.

B. Positive aspects

3. The Committee welcomes the following legislative and policy measures taken by the
State party:
(a) The enactment of the National Human Rights Commission Law, in 2016;
(b) The enactment of the National Disability Agency Law, in 2018;
(c) The adoption of the action plan to end the recruitment and use of children as
soldiers and the action plan to end the killing and maiming of children, in 2012;
(d) The establishment of the Ministry of Women and Human Rights Development,
in 2013;
(e) The adoption of the National Action Plan on Ending Sexual Violence in
Conflict, in 2014;
(f) The adoption of the Human Rights Road Map, in 2013, and the Joint Human
Rights Programme, in 2018;
(g) The adoption of the National Policy on Refugee-Returnees and Internally
Displaced Persons, in 2019;
(h) The adoption of the National Eviction Guidelines and the Interim Protocol on
Land Distribution for Housing to Eligible Refugee-Returnees and Internally Displaced
Persons, in 2019;

* Adopted by the Committee at its 140th session (4–28 March 2024).

1 CCPR/C/SOM/1.
2 See CCPR/C/SR.4083 and CCPR/C/SR.4084.
3 CCPR/C/SOM/QPR/1.

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(i) The establishment of the Interministerial Human Rights Coordination Unit, in

2017;
(j) The establishment of the National Bureau of Statistics, in 2020;
(k) The establishment of the Judicial Training Institute, in 2021.
4. The Committee also welcomes the ratification of, or accession to, the following
international instruments by the State party:
(a) The Convention on the Rights of the Child, on 1 October 2015;
(b) The Convention on the Rights of Persons with Disabilities, on 6 August 2019;
(c) The African Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa (Kampala Convention), on 26 November 2019;
(d) The United Nations Convention against Corruption, on 11 August 2021.

C. Principal matters of concern and recommendations

Constitutional and legal framework within which the Covenant is implemented

5. Noting that the State party’s Provisional Constitution (2012) does not clarify the status
of international human rights treaties, including the Covenant, in the domestic legal order,
and that the Covenant rights are enshrined in the Bill of Rights, which forms part of the
Provisional Constitution, the Committee is concerned that sharia law is the supreme law in
the country and may prevail over the Covenant in case of conflicting provisions. The
Committee is further concerned that, despite training efforts, many judges, lawyers,
prosecutors and law enforcement officials reportedly lack adequate knowledge and skills to
effectively apply the provisions of the Covenant and the first Optional Protocol thereto. The
Committee is also deeply concerned about violations of Covenant rights in the areas under
the control of Al-Shabaab (art. 2).
6. The State party should give full legal effect to the Covenant in its domestic legal
order and ensure that domestic laws, including those based on sharia law, are
interpreted and applied in ways that are compatible with its obligations under the
Covenant. Furthermore, the State party should take further measures to raise
awareness of the Covenant and the first Optional Protocol thereto among judges,
lawyers, prosecutors and law enforcement officials, and the general public, in order to
ensure that the provisions of these instruments are invoked, taken into account and
applied by the national courts. The State party should continue its efforts to ensure that
its obligations under the Covenant are fulfilled throughout the national territory, taking
all necessary measures in conformity with international law.

National human rights institution

7. The Committee is concerned that in spite of the progress made towards the creation
of a national human rights institution, the National Human Rights Commission has not yet
been established (art. 2).
8. The State party should expeditiously finalize the establishment of a national
human rights institution with a broad mandate, in compliance with the principles
relating to the status of national institutions for the promotion and protection of human
rights (the Paris Principles), and ensure the institution’s ability to carry out its mandate
effectively and independently.

Anti-corruption measures
9. While noting the State party’s efforts to tackle corruption, including through the
adoption of the National Anti-Corruption Strategy (2020–2023) and the Law Establishing the
Anti-Corruption Commission (2016), the Committee is concerned that anti-corruption efforts
have been hampered by the absence of a higher judicial council and an anti-corruption
commission, and that corruption remains prevalent in the country (arts. 2 and 25).

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10. The State party should speed up the process of establishing the Higher Judicial
Council and reinstating the Anti-Corruption Commission and continue its efforts to
investigate allegations of corruption promptly, thoroughly, independently and
impartially, to duly try and punish those responsible and, if those responsible are
convicted, impose penalties commensurate with the seriousness of the offence, and
provide victims with full reparations.

Combating impunity, and past human rights violations

11. While noting the efforts of the State party towards reconciliation and peacebuilding,
the Committee is concerned that accountability for past serious human rights violations has
not yet been fully recognized. It is also concerned that a national truth and reconciliation
commission has not yet been created. It is further concerned about the implications that the
amnesty bill will have on efforts to combat impunity (arts. 2, 6, 7 and 17).
12. The State party should:
(a) Investigate allegations of past serious human rights violations, prosecute
the perpetrators and, if they are convicted, impose appropriate penalties, and ensure
access to effective remedies for victims;
(b) Step up its efforts to establish a national truth and reconciliation
commission;
(c) Ensure the conformity of the amnesty bill with the Covenant, taking into
account the need to combat impunity.

Non-discrimination and equality between men and women

13. While noting that the enjoyment of equal rights and equal protection before the law is
stipulated in the Provisional Constitution, the Committee is concerned that the State party
has not adopted comprehensive legislation prohibiting discrimination. It is concerned about
numerous allegations of discrimination on the grounds prohibited by the Covenant, including
age, ethnicity, gender, disability, HIV/AIDS status, sexual orientation and gender identity. It
is further concerned about reports of discrimination against women as regards their
participation in public life, their access to justice, health care, education and employment and
the lack of protection against violence afforded to them. It is particularly concerned that the
Penal Code criminalizes consenting sexual relations between adults of the same sex and that
certain Islamic “courts” subject to the control of insurgents have allegedly imposed the death
penalty for consensual same-sex sexual relations based on sharia law (arts. 2, 3, 23, 25
and 26).
14. The State party should adopt comprehensive legislation prohibiting
discrimination, including intersectional, direct and indirect discrimination, in all
spheres of life, in both the public and the private sectors and on all grounds prohibited
under the Covenant, including age, ethnicity, gender, disability, HIV/AIDS status,
sexual orientation and gender identity. It should:
(a) Review the relevant legislative framework with a view to guaranteeing
that all persons can fully enjoy all the rights enshrined in the Covenant, including
through the decriminalization of sexual relations between consenting adults of the same
sex;
(b) Take effective measures to combat stereotypes and biases towards women,
persons with disabilities and persons with HIV/AIDS and to combat negative attitudes
towards persons based on sexual orientation in legislation, public policies and
programmes;
(c) Adopt specific measures to prevent acts of discrimination, including by
providing training and awareness-raising programmes for civil servants, law
enforcement officials, the judiciary and public prosecutors, as well as for religious and
community leaders and the general public;
(d) Take active measures to promote the participation of women and other
marginalized groups in all spheres of life, including the political and economic spheres,

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including through the implementation of the national action plan on women, peace and
security in response to Security Council resolution 1325 (2000).

Harmful traditional practices

15. While noting the prohibition of female genital mutilation in the Provisional
Constitution and the State party’s efforts to combat it, the Committee is gravely concerned
that the prevalence rate of female genital mutilation has reportedly risen to 99 per cent in the
State party, and that a bill to amend the law on female genital mutilation represents a
regression relative to previous legislation, in part because it prohibits only one form of female
genital mutilation. The Committee is equally concerned about the high rates of early and
forced marriage, with some Somali girls marrying even before the age of 15. The Committee
expresses its concern about the practice of polygamy, which is still permitted through
religious or customary norms and widely accepted in society (arts. 2, 3, 6, 7 and 26).
16. The State party should:
(a) Ensure that its national legislation prohibits all harmful traditional
practices, including all forms of female genital mutilation and early and forced
marriage, and complement such legislation with comprehensive policies,
community-based programmes and public education that address the root causes of
these practices and involve community, religious and traditional leaders;
(b) Adopt measures aimed at ending polygamy, including through outreach
and awareness-raising;
(c) Ensure that all cases involving the performance of harmful traditional
practices are investigated, that perpetrators are prosecuted and, if convicted, punished
with commensurate sanctions, and that victims are provided with effective remedies
and redress, health-care services, mental health and psychosocial support, legal
assistance, and socioeconomic reintegration services.

Violence against women and sexual violence

17. The Committee is deeply concerned about reports of violence against women and
sexual violence, including conflict-related violence; such violence includes rape, sexual
slavery, forced prostitution, forced pregnancy, forced abortion, forced sterilization, forced
marriage and any other form of sexual violence of comparable gravity perpetrated against
women, men, girls and boys. While noting the legislative efforts of the State party to combat
sexual violence, it is concerned that the bill on sexual intercourse and related crimes does not
provide for substantive protection to victims of sexual violence and allows for child marriage
(arts. 2, 3, 6, 7 and 26).
18. The State party should:
(a) Ensure that its national legislation prohibits and punishes all forms of
violence against women, sexual violence and child marriage and provides for
substantive protection to victims, in accordance with the Covenant;
(b) Promptly and thoroughly investigate all allegations of violence against
women and sexual violence by State officials and members of terrorist groups,
prosecute perpetrators and, if they are convicted, punish them with appropriate
penalties, and provide victims of violence against women and sexual violence with access
to remedies and redress;
(c) Establish an effective mechanism to facilitate and encourage victims of
violence against women and sexual violence to report cases to the police, and raise
awareness about the criminal nature of such acts in order to address underreporting;
(d) Allocate resources to expand the network of shelters and other support
services, to establish specialized units for women at police stations and hospitals all over
the country, and to train officials on how to handle cases of violence against women and
sexual violence.

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Maternal and infant mortality and voluntary termination of pregnancy

19. The Committee is deeply concerned about the very high rates of maternal and infant
mortality in the country. The Committee is also concerned that article 15 (5) of the
Provisional Constitution prohibits abortion except in cases of necessity, especially to save
the life of the mother, and that the Penal Code criminalizes abortion, except to save the life
of the mother. It is also concerned about reports that the proposed new Constitution retains
the provision on prohibiting abortion except in cases of necessity and introduces more
administrative obstacles for women who are legally entitled to an abortion (arts. 3, 6 and 7).
20. The State party should:
(a) Strengthen non-discriminatory access to sexual and reproductive
health-care services, with the aim of substantially lowering maternal and infant
mortality rates;
(b) Consider reviewing its legislation, in accordance with the Committee’s
general comment No. 36 (2018) on the right to life, with a view to guaranteeing safe,
legal and effective access to abortion, not only where the life or health of the pregnant
woman or girl is at risk, but also where carrying a pregnancy to term would cause the
pregnant woman or girl substantial pain or suffering, most notably where the
pregnancy is the result of rape or incest or where the pregnancy is not viable;
(c) Facilitate access for women, men, girls and boys to evidence-based
information and education about sexual and reproductive health and rights, and to a
wide range of affordable contraceptive methods.

Death penalty
21. The Committee is deeply concerned about the continued use of the death penalty,
which can be imposed for offences that do not meet the threshold of “the most serious crimes”
within the meaning of article 6 (2) of the Covenant, understood to be crimes involving
intentional killing. It is further concerned about reports that the death penalty can be imposed
on persons under 18 years of age and that it can be imposed on civilians by military tribunals.
It is deeply concerned about allegations that, in regions controlled by Al-Shabaab, de facto
authorities carry out executions for crimes such as adultery and consensual same-sex sexual
relations (art. 6).
22. Bearing in mind the Committee’s general comment No. 36 (2018), the State party
should:
(a) Take all measures necessary, including legislative action, to ensure that
the death penalty is applied only for the most serious crimes involving intentional killing
and is never imposed in violation of the Covenant, including in violation of fair trial
procedures or on persons under 18 years of age;
(b) Take all measures available to prevent executions in the regions controlled
by Al-Shabaab;
(c) Consider introducing a moratorium on the death penalty and commuting
all death sentences to terms of imprisonment;
(d) Give due consideration to abolishing the death penalty, to acceding to the
Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty,
and to implementing awareness-raising measures to increase public support for the
abolition of the death penalty.

Right to life, protection of civilians and excessive use of force

23. The Committee is gravely concerned by reports, and many specific incidents, of
excessive use of force and killing of civilians by members of the armed forces, law
enforcement, and Al-Shabaab and other terrorist groups. The Committee is also concerned
about the compatibility of the State party’s laws on the use of force and firearms with
international standards and the application, in practice, of articles 32 and 33 of the Code of

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Military Criminal Law, which allows for exceptions to the prosecution of law enforcement
officers (arts. 3, 6 and 7).
24. The State party should take additional measures to effectively prevent and
punish the killing of civilians and the excessive use of force by members of the armed
forces, law enforcement, and Al-Shabaab and other terrorist groups. It should:
(a) Ensure that all legislative and regulatory provisions governing the use of
force are in line with the United Nations Human Rights Guidance on Less-Lethal
Weapons in Law Enforcement, the Basic Principles on the Use of Force and Firearms
by Law Enforcement Officials and the Committee’s general comment No. 36 (2018),
which establish a requirement that law enforcement officers use lethal force only when
strictly necessary in order to protect life or prevent serious injury from an imminent
threat;
(b) Introduce procedures to guarantee that law enforcement operations are
properly planned and conducted in order to minimize the risks to human life;
(c) Ensure that all reports of the excessive use of force by members of law
enforcement, the armed forces, Al-Shabaab and other terrorist groups are investigated
promptly, effectively and impartially, that perpetrators are prosecuted and, if convicted,
punished with appropriate sanctions, and that redress and compensation are provided
to victims of such violations;
(d) Ensure that all law enforcement officers systematically receive training on
the above-mentioned international standards and that the principles of legality,
necessity and proportionality are strictly adhered to in practice.

Counter-terrorism measures
25. The Committee is concerned that the legal framework governing counter-terrorism
efforts does not provide adequate safeguards to ensure full respect of the rights guaranteed
under the Covenant, including owing to the broad powers vested in the National Security
Intelligence Agency. The Committee is also very concerned about allegations of torture and
other serious human rights violations in the context of the State party’s counter-terrorism
operations, including in secret detention centres operated by the National Security
Intelligence Agency (arts. 2, 4, 7, 9, 10, 14 and 19).
26. The State party should take steps to ensure that counter-terrorism legislation
and counter-piracy measures are not used to unjustifiably limit any rights enshrined in
the Covenant, including the rights to life, liberty and security of person, privacy,
freedom of association and freedom of expression. It should further take appropriate
measures to investigate human rights violations in counter-terrorism operations, and
ensure that perpetrators are prosecuted and, if convicted, punished with appropriate
sanctions and that victims have access to effective remedies. It should immediately end
the practice of secret detentions.

Prohibition of torture and cruel, inhuman or degrading treatment or punishment

27. While noting that torture is prohibited by the Provisional Constitution and that the
Penal Code is under review, the Committee is concerned about the absence of a specific crime
of torture in the State party’s criminal legislation. It is gravely concerned about numerous
allegations of torture and ill-treatment and regrets the absence of data concerning complaints,
prosecutions of alleged perpetrators of such acts and other similar acts containing elements
of torture, related convictions and punishments, and the redress provided to victims. The
Committee welcomes the statement by the delegation that the State party will consider
ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, in order to prevent torture and ill-treatment (arts. 6
and 7).
28. The State party should urgently take the measures necessary to eradicate torture
and ill-treatment. In particular, the State party should:

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(a) Amend the Penal Code to establish a specific crime of torture, in

accordance with the internationally accepted human rights definition of torture, with
sanctions that are commensurate with the gravity of such offences;
(b) Conduct thorough, independent and impartial investigations into all
allegations of torture and ill-treatment and deaths in custody in accordance with the
Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) and the
Minnesota Protocol on the Investigation of Potentially Unlawful Death, prosecute
perpetrators and, if they are convicted, punish them with sanctions commensurate with
the gravity of the crime, provide victims with full remedy and redress, and collect
relevant data on complaints, investigations, prosecutions, convictions and remedy to
victims;
(c) Take all measures necessary to prevent torture and other cruel, inhuman
or degrading treatment or punishment, including by strengthening the human rights
training provided to judges, prosecutors and law enforcement officials, including on the
Principles on Effective Interviewing for Investigations and Information-Gathering (the
Méndez Principles);
(d) Ensure that all persons deprived of their liberty have access to an
independent and effective complaints mechanism for the investigation of allegations of
torture and ill-treatment;
(e) Consider ratifying the Optional Protocol to the Convention against
Torture.

Treatment of persons deprived of their liberty and conditions of detention

29. The Committee is concerned that the conditions in prisons and other places of
deprivation of liberty are below internationally recognized standards as a result of
overcrowding, poor sanitary conditions and a lack of access to health care and to inadequate
food and water (arts. 6, 7 and 10).
30. The State party should intensify its efforts to ensure that conditions of detention
fully comply with relevant international human rights standards, including the
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson
Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders (the Bangkok Rules). In particular,
the State party should:
(a) Reduce prison overcrowding, improve detention conditions and ensure
adequate access to food, water and health care for prisoners in all places of deprivation
of liberty;
(b) Ensure the regular and unhindered monitoring of all places of deprivation
of liberty by an independent monitoring and oversight mechanism, without prior notice
and on an unsupervised basis, in order to prevent torture and ill-treatment.

Administration of justice
31. The Committee is concerned that the formal justice system faces many challenges,
most notably a lack of human and financial resources. It is further concerned by the absence
of a law setting out the structure and jurisdiction of the judiciary and a law on the provision
of legal aid, and that the Judicial Service Commission has yet to be established. It is also
concerned that traditional justice systems, such as alternative dispute resolution centres, play
a key role in the adjudication of disputes but do not always adhere to the standards required
by the Covenant, including with respect to the rights of minorities and marginalized groups.
The Committee is further concerned that military courts exercise jurisdiction over civilians,
including in terrorism-related crimes (art. 14).
32. The State party should continue its efforts and take all measures necessary to
reform the justice system and ensure that all court proceedings are conducted in full
observance of the due process guarantees set forth in article 14 of the Covenant and

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bearing in mind the Committee’s general comment No. 32 (2007) on the right to equality
before courts and tribunals and to a fair trial. In so doing, it should:
(a) Adopt legislation setting out the structure and jurisdiction of the judiciary
and a law on the provision of legal aid, and finalize the establishment of the Judicial
Service Commission;
(b) Ensure the full independence of judges and the autonomy of prosecutors,
establish clear rules on their appointment, career and removal, in line with
international standards, and ensure that traditional justice systems comply with the
standards required by the Covenant;
(c) Remove, without further delay, the jurisdiction of military courts over
civilians.

Persons with disabilities

33. While commending the efforts of the State party to transpose the Convention on the
Rights of Persons with Disabilities into national law through the disability bill, the Committee
is concerned that the transposition is only partial. It is also concerned about the reports of
discrimination against persons with disabilities in all aspects of life and the prevailing
stigmatization and prejudice, which contributes to the exclusion of persons with disabilities
from Somali society (arts. 2, 7, 9, 10 and 26).
34. The State party should strengthen its efforts to fully transpose the Convention
on the Rights of Persons with Disabilities into national legislation and take measures to
combat discrimination against persons with disabilities in all spheres of life, including
direct and indirect discrimination, and especially to address stigmatization of and
prejudice towards persons with disabilities through education and awareness-raising,
in order to facilitate the full inclusion of persons with disabilities in society.

Refugees, asylum-seekers and displaced persons

35. While welcoming efforts by the State party to develop national institutions, laws and
policies to address the humanitarian challenges related to the high number of refugees,
asylum-seekers and internally displaced persons in Somalia, the Committee is concerned
about the many security, political and economic challenges faced in implementing the
National Policy on Refugee-Returnees and Internally Displaced Persons and the National
Eviction Guidelines to prevent internal displacement, and in transposing the Kampala
Convention into national law. It is also concerned that the Citizenship Law does not ensure
that Somali mothers can transfer their nationality to their children on an equal footing with
Somali fathers (arts. 7, 12, 13, 16 and 26).
36. The State party should:
(a) Enhance efforts to implement the National Policy on Refugee-Returnees
and Internally Displaced Persons and the National Eviction Guidelines;
(b) Develop an appropriate legal framework to support the transposition of
the Kampala Convention into national law;
(c) Review and amend the Citizenship Act to ensure that Somali mothers can
transfer their nationality on an equal footing with Somali fathers.

Freedom of expression and the protection of journalists

37. The Committee is seriously concerned by numerous reports of severe restrictions on
the freedoms of opinion and expression in the State party, including as a result of the legal
framework that allows for limitations if activities are deemed to be contrary to Islam, public
safety, public order or stability. The Committee is also concerned that the Media Law (2016)
and the 2020 amendments thereto do not sufficiently safeguard freedom of expression and
potentially criminalize reporting, thereby creating a chilling effect and leading to the
self-censorship of journalists and human rights defenders. The Committee is gravely
concerned about allegations of police brutality against, and harassment, intimidation,
arbitrary arrests and even killings of, human rights defenders, media workers and journalists,

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including an alarming number of attacks against women journalists, by State actors and
Al-Shabaab forces (arts. 6, 7, 18 and 19).
38. In accordance with article 19 of the Covenant and the Committee’s general
comment No. 34 (2011) on the freedoms of opinion and expression, the State party
should:
(a) Take immediate steps to ensure that everyone can exercise the right to
freedom of expression without interference and that any restrictions on the exercise of
that right are in conformity with the strict requirements of article 19 (3) of the Covenant;
(b) Amend the Media Law to eliminate criminal penalties for journalists
exercising their rights under the Covenant;
(c) Effectively prevent and combat acts of harassment, intimidation and
violence against journalists, media workers and human rights defenders to ensure that
they are free to carry out their work without fear of violence or reprisals;
(d) Conduct prompt, effective and impartial investigations into allegations of
threats or violence against journalists, media workers and human rights defenders,
bring the perpetrators to justice and, if they are convicted, punish them with
commensurate sanctions, and provide victims with effective remedies.

Right of peaceful assembly

39. Although the right of peaceful assembly is provided for in the Provisional Constitution
of the State party, the Committee is deeply concerned about reports of numerous incidents of
peaceful protesters being shot, killed, beaten, arrested and harassed by members of the State
party’s security forces, and regrets the lack of information provided on investigations of these
incidents, the prosecution of perpetrators and the redress afforded to victims by the State
party (arts. 6, 7 and 21).
40. In accordance with article 21 of the Covenant and the Committee’s general
comment No. 37 (2020) on the right of peaceful assembly, the State party should foster
an enabling environment for the exercise of the right of peaceful assembly and ensure
that limitations on that right are in strict compliance with article 21 of the Covenant
and the principles of proportionality and necessity. It should avoid using military force
to control protests and ensure that all allegations of excessive use of force by State
agents are recorded and investigated promptly, thoroughly and impartially, that those
responsible are prosecuted according to their level of responsibility and, if found guilty,
are punished with commensurate sanctions, and that the victims obtain redress.

Right to freedom of conscience and religious belief

41. The Committee is concerned that the State party’s Provisional Constitution prohibits
the propagation of any religion other than Islam. It is concerned about allegations that
changing one’s religion is criminally punishable in practice, including on the basis of
article 313 of the Penal Code. It is further concerned about reports of judicial harassment of
religious minorities, impunity for perpetrators of violence and killing committed as a
punishment for religious conversion, and cases of discrimination against non-Muslims,
including in school settings and as regards manifestation of their religion (art. 18).
42. The State party should guarantee the legal protection and effective exercise of
freedom of religion and belief and refrain from any action that may restrict that
freedom beyond the narrowly construed restrictions permitted under article 18 (3) of
the Covenant. The State party should take specific measures to combat all forms of
discrimination and violence against religious minorities, including the following:
(a) Ensure the freedom, either individually or in community with others and
in public or private, to manifest one’s religion or belief without being penalized;
(b) Decriminalize blasphemy and the propagation of religions other than
Islam, repeal or amend the relevant provisions of the Provisional Constitution and the
Penal Code, and immediately release those imprisoned for exercising their right to
freedom of religion or belief and provide them with adequate compensation;

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(c) Ensure effective protection of individuals accused of apostasy or

blasphemy from violence, discrimination and any other human rights violations, and
safeguard access to effective remedy and just satisfaction.

Rights of the child

43. The Committee is concerned about proposed changes to the Provisional Constitution
to lower the age of majority from 18 to 15 years or to attainment of puberty. The Committee
is concerned about reports that children are exposed to violence, abductions, labour and
forced recruitment as child soldiers, and that girls, in particular, are subjected to exploitation
and deprived of schooling (arts. 7, 23, 24 and 26).
44. The State party should:
(a) Maintain the age of majority for both boys and girls at 18 years, in
accordance with the Convention on the Rights of the Child and other international
standards;
(b) Take all measures necessary to protect children from violence, abductions,
labour and exploitation, and ensure redress and reintegration for victims of such abuses,
as well as equal access to schooling for all children;
(c) Prevent, detect and eradicate the recruitment and use of child soldiers,
ensure their prompt disarmament, demobilization, rehabilitation and reintegration,
and reunite them with their families, while respecting the principle of the best interests
of the child.

Participation in public affairs

45. While the Committee notes the enactment of the Political Parties Law (2016), it is
concerned that the political landscape is influenced by the major clans. While commending
the 2020/2021 Election Agreement for incorporating a 30 per cent quota for women’s
representation, the Committee is concerned that this measure has not been fulfilled in practice,
reportedly due to discriminatory attitudes and stereotypes (arts. 2, 25 and 26).
46. The State party should take the measures necessary to ensure that its electoral
regulations and practices are in full compliance with the Covenant, in particular
article 25 thereof, and take into account the guidelines for States on the effective
implementation of the right to participate in public affairs. It should ensure the full and
effective enjoyment of the right of political participation by all citizens, including
through effective enforcement of the 2020/2021 Election Agreement and further
promote the equal participation of women, minorities and marginalized groups. The
State party should also promote the civic education of boys and girls in schools,
particularly in regions over which it has regained control, in order to foster political
engagement and contribute to the country’s future development.

D. Dissemination and follow-up

47. The State party should widely disseminate the Covenant, the first Optional
Protocol thereto, its initial report and the present concluding observations, with a view
to raising awareness of the rights enshrined in the Covenant among the judicial,
legislative and administrative authorities, civil society and non-governmental
organizations operating in the country, and the general public. The State party should
ensure that the report and the present concluding observations are translated into the
official languages of the State party.
48. In accordance with rule 75 (1) of the Committee’s rules of procedure, the State
party is requested to provide, by 29 March 2027, information on the implementation of
the recommendations made by the Committee in paragraphs 24 (right to life, protection
of civilians and excessive use of force), 31 (administration of justice) and 44 (rights of
the child) above.

10 GE.24-06034
 CCPR/C/SOM/CO/1

49. In line with the Committee’s predictable review cycle, the State party will receive
in 2030 the Committee’s list of issues prior to the submission of the report and will be
expected to submit within one year its replies, which will constitute its second periodic
report. The Committee also requests the State party, in preparing the report, to broadly
consult civil society and non-governmental organizations operating in the country. In
accordance with General Assembly resolution 68/268, the word limit for the report is
21,200 words. The next constructive dialogue with the State party will take place in
Geneva in 2032.

GE.24-06034 11