Monday May 12, 2025
Isha Dyfan, the UN Independent Expert on the situation of human rights in Somalia, delivers remarks during a press conference in Mogadishu on May 11, 2025. Dyfan called on Somali authorities to expedite the constitutional review process and address escalating human rights violations across the country. (Photo: UN Media)
Mogadishu (HOL) — The United Nations' top human rights expert on Somalia has called on the Somali government to urgently restart its stalled constitutional review and take decisive steps to address escalating human rights violations fueled by conflict, weak institutions, and a deepening humanitarian crisis.
Speaking in Mogadishu on Saturday after a week-long mission, UN Independent Expert Isha Dyfan warned that the prolonged delay in finalizing Somalia's constitution undermines efforts to build a credible and inclusive governance framework. She urged authorities to "seize this opportunity" during the ongoing UN and African Union missions' transition to implement long-overdue legal reforms.
"I call upon the government of Somalia to accelerate the constitutional review and adoption process," Dyfan said. "It must establish legislative and institutional frameworks that protect the rights of all Somalis and respond to the country's fragile security, political, and humanitarian challenges."
Her appeal comes amid Somalia's broader institutional transition: the African Union Transition Mission in Somalia (ATMIS) is drawing down to make way for the new African Union Support and Stabilization Mission (AUSSOM), while the UN plans to shift its responsibilities from the Transitional Assistance Mission in Somalia (UNTMIS) to other UN agencies by October 2026.
Dyfan's visit included meetings with federal officials, civil society groups, journalists, UN agencies, and international partners. It follows her 2024 trip and precedes a full report she is set to deliver to the UN Human Rights Council and General Assembly later this year.
She sharply condemned al-Shabab for its continued atrocities, calling the militant group "the major perpetrator of a range of human rights abuses against civilians, including children," and accused it of maintaining "a perpetual security crisis in the country."
The expert also raised alarm over intergovernmental and clan-based conflict, including recent fighting between federal forces and Jubaland state troops, which has reportedly led to civilian deaths and displacements in Jubaland, Galmudug, Hirshabelle, and Banadir regions. "These confrontations have fueled sexual and gender-based violence, child recruitment, and early marriage," Dyfan said.
Beyond armed violence, Dyfan highlighted the impact of climate change and the ongoing funding crisis, warning that these pressures have worsened access to essential services such as water, healthcare, education, and food. "Children are disproportionately affected by school closures and displacement linked to these compounding crises," she added.
She warned that Somalia's entrenched clan-based power-sharing formula—commonly known as the 4.5 system undermines equitable political participation, including efforts to implement a 30 percent quota for women and a five percent quota for persons with disabilities in electoral processes.
On constitutional reform, Dyfan acknowledged progress on four approved chapters of the draft constitution in 2024 but criticized the lack of follow-through. She welcomed the Justice Ministry's consultations on chapters six to nine—dealing with the judiciary, prisons, and the Attorney General—but emphasized that "broad participation, consensus-building, and urgency" are needed to ensure the process is transparent and legitimate.
She also criticized lawmakers for failing to pass key national human rights legislation, including bills on rape, child rights, and female genital mutilation. "While it is encouraging that many bills have been approved at the cabinet level, it is equally concerning that no concrete actions have been taken to adopt them into law at the House of the People and Senate levels," Dyfan said.
Still, she noted positive developments at the federal member state level, including Jubaland's passage of an anti-FGM law and South West State's approval of a disability rights act.
Turning to press freedom, Dyfan said journalists and activists continue to face widespread intimidation, harassment, and arbitrary detention. "This climate of fear and self-censorship undermines the public's access to critical information, particularly on security and conflict," she said.
In her meetings with civil society and minority groups, Dyfan heard concerns about persistent discrimination and exclusion from public decision-making. "The government must take concrete legal and institutional measures to safeguard the rights of marginalized communities and promote equality," she said.
Dyfan's mandate is part of the UN Human Rights Council's Special Procedures mechanism, which allows independent experts to monitor and report on country-specific and thematic human rights issues. She works on a voluntary basis and is not a UN staff member.
"Now is the time to act," Dyfan concluded. "The Somali government must translate its commitments into laws and institutions that protect every Somali, without exception."