19 July 2018: The Secretariat has the honour to transmit to the Human Rights Council the report of the Independent Expert on the situation of human rights in Somalia, Bahame Tom Nyanduga, pursuant to its resolution 36/27. In the report, the Independent Expert highlights a progressive improvement of the human rights context, while noting considerable challenges that negate the full realization of human rights in Somalia. The positive developments include the process of establishing the National Human Rights Commission and the fact that Somalia ceased the inhumane practice of public executions in Mogadishu of persons sentenced to death.
The many challenges that remain include the continued violation of the rights to freedom of expression and opinion, by both the federal and State security forces, the violation of the rights of internally displaced persons, the absence of a legal framework for the protection of persons with disabilities and the plight of the rights of children who had been abducted by Al-Shabaab and subsequently recaptured or who had escaped. Somalia retains the death penalty despite having accepted the recommendations made in 2011 as part of the universal periodic review process to adopt a moratorium.
Other challenges include the continued existence of sexual and gender-based violence, in spite of campaigns and the implementation of the joint communiqué between the Federal Government of Somalia and the United Nations on the prevention of sexual violence, concluded on 7 May 2013. Al-Shabaab remains a potent threat in spite of the continued fight by troops from the Somalia National Security Forces and the African Union Mission in Somalia (AMISOM). The group has continued to carry out acts of terrorism, such as the 14 October 2017 bombing in Mogadishu that left hundreds of civilians dead. It also targets public officials and extorts taxes from the civilian population in areas under its control.
Somalia is still undergoing transition in its governance and the peacebuilding process. It has witnessed progress as well as setbacks in the political, social and economic spheres, which have included the removal of high-placed State officials from public office. Within a period of few weeks, the Speaker of Parliament and Chief Justice were removed from office. Somalia has observed a neutral stance vis-à-vis the Gulf crisis, thus avoiding potential destabilization owing its historical connections and proximity to the region.
While the State formation process was completed in 2016, border disputes and territorial claims persist, in particular between Puntland and Galmudug. There is also an active conflict between Puntland and Somaliland in the Sool and Sanaag regions.
In the humanitarian sphere, the Independent Expert notes the almost twofold increase in internal displacement. The Independent Expert commends the humanitarian response for having averted loss of lives following the drought in 2017. He notes the unusually heavy rains and flooding during the second quarter of 2018, which displaced thousands of people and caused deaths in the Shabelle river valley and in Mogadishu, respectively.
The Independent Expert takes note of measures taken by AMISOM, such as the recruitment of human rights protection officers, who will enhance its compliance with human rights and international humanitarian law obligations. He commends AMISOM for taking further measures to eliminate sexual exploitation and abuse and to minimize civilian casualties during its operations.
The Independent Expert calls for the expeditious conclusion of the constitutional review process. He urges the Federal Government and the Federal Members States to increase their cooperation in order to enhance respect for human rights in Somalia.
The Independent Expert concludes the report by making several recommendations on the identified challenges, including that the international community ensure that the drawdown of AMISOM troops be based on realistic timelines and criteria and that the Somali National Army is properly trained, funded and equipped to enable it to guarantee national security. He further recommends that the Federal Government accede/ratify several international and regional human rights instruments that it has not yet acceded to.

https://reliefweb.int/report/somalia/report-independent-expert-situation-human-rights-somalia-ahrc3972