Deqa Yasin

PICTURE: UN-AU Joint Solidarity Mission with a focus on Women, Peace and Security

United Nations Treaty Bodies

During my tenure as Minister, I focused on deepening our engagement with the United Nations and regional human rights mechanisms. My objective was two-fold: first, to demonstrate that Somalia is open to international scrutiny and is committed to constructive dialogue both internationally and nationally. Second, to provide the international mechanisms with the opportunity to witness first-hand Somalia’s progress as well as the many challenges we still face, including the disconnect between our practical reality on the ground and international guidelines. 

Strides have been made in re-integrating Somalia into the international human rights system through the accession and ratification of relevant human rights conventions. These gains will form the building blocks for the enjoyment of human rights by all Somalis. The task ahead is to translate these gains into tangible benefits for our people.

Building Human Rights Institutions

While working for IIDA Women’s Development Organization in 2016 (See page 6; paragraph 3), which provided technical support to the Somali Parliamentary Committee on Human Rights, Gender and Humanitarian affairs (then led by the Honourable Mariam Aweis Jama), I contributed to the draft law that established the Independent National Human Rights Commission (INHRC). This commission was envisaged under article 41 of the Provisional Federal Constitution of Somalia. I would later become the Minister responsible for the law’s implementation.

As soon as I took office in April 2017 as the new Minister for Women and Human Rights Development of the Federal Government of Somalia, I immediately started the process of establishing the INHRC, due to its importance and central role in the protection of human rights and the fact that its establishment also impacts other key governance institutions.  The Chairperson of the INHRC is one of the nine members of the Judicial Services Commission as per article 109 A (e) of the Provisional Federal Constitution of Somalia. The Judicial Services Commission is a vital institution as it is the guarantor of judicial independence and supports the separation of powers. The Judicial Services Commission cannot become operational without the membership of the Chair of the INHRC as well as the Chief Justice of the Constitutional Court.

The selection and appointment process of the Commissioners followed the procedure and criteria prescribed under articles 8, 15, 16 and 17 of the 2016 INHRC law as documented in The Parliamentary Website: (Parliamentary Bill Sharciyadda – 2016).

It became the first law in Somalia’s history to establish such a commission, clearly spelling out the requirement to include a specific gender quota and at least one member with a disability. Further, unlike other laws creating independent national commissions, the INHRC law accords certain powers to Federal Member States (FMS) in the selection process of the commissioners, which in turn ensures the FMS’s full recognition of the INHRC. In this regard, the law allowed for the establishment of a 50:50 gender-balanced Temporary Selection Panel (TSP) whose members are selected by: the Benadir Regional Administration, and the Federal Ministry in charge of Human Rights; the five FMSs and, in the case of Somaliland, by the Upper House representatives. 

The INHRC’s nomination process for commissioners was rigorous, transparent, inclusive, and highly consultative, complying with international accepted principles required for establishing independent national human rights institutions (NHRIs), emphasizing independence and autonomy.

In December 2017, I submitted the names of the successful nine members of the INHRC (4 women, four men and one person with a disability) to the Cabinet for consideration and approval.

During this process, I secured the expertise of Professor Lawrence Mute, a renowned professor of law at the University of Nairobi and a former commissioner of the Kenya National Commission on Human Rights, who is widely respected in the field of international human rights law. He has previously served as United Nations Special Rapporteur on freedom of expression and access to information in Africa and as Vice-Chairperson of the African Commission on Human and Peoples’ Rights (African Commission-AU). Professor Mute worked closely with Advocate Tahliil Haji Ahmed, a prominent legal expert in Somalia with over 40 years of experience, a practising lawyer, and a former Court of Appeal Judge. The UN Human Rights Office in Somalia also supported this process.

Engagement with Human Rights Mechanisms

During my tenure as Minister for Women and Human Rights Development, I restored and strengthened Somalia’s engagement with the United Nations’ human rights mechanisms and other regional engagements. Notably, in 2018 I extended an invitation to a delegation of officials of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) to Somalia with a view to accelerating ratification of the African Charter on the Rights and Welfare of the Child (ACRWC). 

Somalia also submitted several UN treaty body reports, overdue by almost 20 years. This enabled a thorough introspection of our existing legal and policy framework in line with our commitments, leading to the identification of protection measures that need to be aligned with our constitution and international commitments. Somalia is a State Party to six out of nine core United Nations international human rights treaties and conventions, namely:

  1. ICERD (International Convention on the Elimination of All Forms of Racial Discrimination).
  2. CAT (Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment). Due to the civil war and the prevailing circumstances, Somalia had, by 2019, a backlog of 27 years in fulfilling its reporting obligations under the United Nations Convention Against Torture (CAT).  Somalia’s State Party Report on the Convention against Torture (CAT) was overdue by almost thirty years.  
  3. ICCPR (International Covenant on Civil and Political Rights). On Oct 19, 2020, the Initial State Party Report on the International Covenant on Civil and Political Rights (ICCPR) was submitted by my Ministry, which was 29 years overdue. 
  4. ICESCR (International Covenant on Economic, Social and Cultural Rights).
  5. UNCRC (United Nations Convention on the Rights of the Child). Within the first six months of my tenure as Minister, I prepared and submitted Somalia’s Initial State Party Report to the UN Committee on the Rights of the Child, in Geneva, which marked the first treaty body report that Somalia had submitted in over 35 years. Later on October 14, 2020, Somalia responded to the additional questions made under the list of issues from the UN CRC Committee in Geneva. 
  6. UNCRPD (United Nations Convention on the Rights of People with Disabilities).

These international treaties were ratified between 1975 and 2019, and have gone through a long process that involved citizen’s consultation, deliberation by the executive, legislative and culminating into the signing of the same by the Head of State. 

Our engagements also extended to the UN Human Rights Council, particularly in relation to the Universal Periodic Review (UPR) and the work of the Independent Expert on Human Rights in Somalia. Somalia appeared before the Human Rights Council on 22 and 23 January 2016 for the second time in history since independence. During the Second UPR review, Somalia received 228 recommendations, out of which the Government of Somalia has supported 160 and noted 68 recommendations. In the 3rd UPR, Somalia received 273 recommendations, out of which 27 recommendations were noted and 246 recommendations supported.

The MoWHRD made significant progress in the implementation of the 2012 and 2016 Universal Periodic Review recommendations. These recommendations include the support of the Federal Ministries in the implementation of the 2012 and 2016 UPR recommendations through the Inter-Ministerial Task Force on Human Rights, as well as the development of Somalia’s first Joint Programme on Human Rights to support the implementation of Somalia’s Human Rights commitments, including under the UPR.

Further, as a best practice and demonstration of commitment to international human rights law, the Ministry facilitated and coordinated the preparation and submission of Somalia’s first Voluntary UPR Mid-term Review Report in January 2019.

Relationship Building

In 2018, I extended two standing invitations to the Independent Expert on the Enjoyment of Human Rights by Persons with Albinism and the Special Rapporteur on the situation of Human Rights Defenders. These were open invitations extended by a government to thematic special procedures. A standing invitation shows strong commitment from a government that they are willing to be held accountable for its human rights record. Moreover, this is especially significant for States that are under the review of an Independent Expert on the human rights situation in that country, such as in the case of Somalia. In addition, it is an opportunity for them to closely interact with the state party and see the reality on the ground.

I also supported and facilitated the government’s engagement with the Independent Expert on the situation of Human Rights in Somalia. The UN Human Rights Council mandates the Independent Expert to assess, monitor, and report on the situation of human rights in the country. The Federal Government, through the Ministry, actively engaged with the Independent Expert through timely facilitation of its activities and provision of an enabling environment in the country. This constant engagement was meant to firstly demonstrate my commitment to the promotion and protection of Human Rights in Somalia and, at the same time, show the challenges that Somalia faces in fulfilling these obligations.

I also made sure that the constant presence of Somalia was felt at the UN Human Rights Council sessions, to engage the UN Human Rights treaty bodies committees and update them on the situation on the ground as well as allow them to gain a deeper understanding of Somalia beyond letters of communication. By the end of my tenure, Somalia was elected as a member of the UN Human Rights Council, and the Permanent Representative is serving as one of the Vice-Chairs.

Human Rights National Coordination Mechanism

The Human Rights Inter-Ministerial Task Force was established in 2017 under my leadership. This key coordination body was strengthened through the 2018-2020 Joint Human Rights Programme led by the MoWHRD. It was composed of focal points from 14 ministries and line institutions. It has played a key role in the implementation of these instruments, including the development of relevant legislation such as the Disability Rights Bill, Child Rights Bill and the Female Genital Mutilation (FGM) Bill.

Knowledge Generation

The most important challenge remains how to develop a culture of respect for the promotion and protection of human rights in an environment where there is a constant threat from violent extremism, and priority is given to peace and state-building as preconditions for national stability, security, and economic development. As such, fostering a culture of human rights protection is critical in achieving a society where all Somali citizens can reach their full potential. In this regard, to report on steps taken by the government, I commissioned a stock-taking exercise entitled Promotion and Protection of Human Rights in Somalia: Two years on (2017-2019).

There is still a long distance to travel in Somalia’s journey towards the full realisation of human rights, both in law and in reality. The last four years (2017-2020) have been dedicated to laying a firm and sustainable foundation for the promotion and protection of human rights in our country, by putting in place enabling constitutional, policy, legislative, institutional, and administrative mechanisms.

Publications 

I led in the development of the following publication: