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High-level panel deliberates on Sexual Offences Bill for Somalia

Wednesday, May 18, 2016
MOGADISHU – A proposed new law on Sexual Offences in Somalia has received a nod from the country’s key development partners.

A discussion forum attended by different stakeholders and interest groups and moderated by a high-level panel comprising of the AU Special Representative for Somalia Ambassador Francisco Madeira, the Deputy Special Representative of the United Nations Secretary-General (DSRSG) for Somalia Peter De Clercq, Somali Deputy Prime Minister Mohamed Omar Arteh and the Somali Minister of Women and Human Rights Development Sahra Mohamed Ali Samatar, fleshed out issues in the Sexual Offences Bill, prior to its tabling before parliament.

The discussants and other participants were unanimous that if enacted into law, the bill would stem rising cases of sexual offences.

UK and Swedish ambassadors accredited to Somalia, attended the panel discussion organized jointly organized by the Somali Ministry of Women and Human Rights Development and Legal Action Worldwide (LAW), and which is a follow-up of the first high-level panel discussion held in March 2015, and which focused on sexual violence perpetrated by security forces,.

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In his contribution to the panel, the Special Representative of the Chairperson of the African Union Commission (SRCC) for Somalia, Ambassador Francisco Caetano Jose Madeira emphasized AMISOM’s commitment to the safeguarding of human rights and directed AMISOM Force Commander, AMISOM Police Commissioner and other senior officers to fast track the implementation of recommendations of an independent investigation on sexual exploitation and abuse by AMISOM personnel.

“AMISOM has established recreational facilities for AMISOM personnel in order to ensure that the socialization is done in an environment that is more conducive and less prone to abuse and exploitation. AMISOM has moved all shops out of AMISOM base camp to Marine area which lies outside of AMISOM control. And you know that was one of the issues that was raising a lot of concern then, we have done it,” said Ambassador Madeira, as he explained measures being taken to deter such offences within the Mission.

Somalia’s Deputy Prime Minister, Mohamed Omar Arte urged Somalis to discard the retrogressive practices that infringed on fundamental human rights.

“Classifying rape as a crime against the state and we want the prosecution to make sure that this is not dealt with in under the traditional resolution mechanism. It has to be a crime that has been committed against the State so that it will not be possible for them to take it out of the court systems to deal with it at clan level/customary law. The other thing that is quite important is to get all elders (especially clan elders, traditional elders) to sign a commitment that they will not deal with rape crime out of the justice system,” stressed the Deputy Prime Minister
Female Genital Mutilation (FGM), a tradition which is practised almost universally in Somalia will also be a criminal offence once the bill is enacted into law.

The Federal Minister for Women and Human Rights Development Sahra Mohamed Ali Samatar hailed the bill as a win for Somalia and explained that it harmonizes the Islamic Sharia law and the secular law.

“Sharia law will not allow impunity and it has zero tolerance on sexual violence. What we have now developed is that the Sexual Offenses Bill which is a great bill that complements both Sharia and the Somali penal code. We took that into account together, to make this bill as a standard Somali justice system, while protecting Sharia law as well,” Minister Sahra said.

The Legal Advisor to Somali Women’s Development Centre Zahra Mohamed Ahmed, promised that the civil society would work as a bridge between the community and the government in the implementation of the proposed new law. In the past, her organization lobbied for the training of Somali female lawyers and paralegals. To date at least 40 such lawyers and paralegals have been trained and now work in various departments within the judicial system.


 





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