Policy Paper PP: Challenges and Alternatives for Establishing the Independent National Human Rights Commission of Somalia
Policy Paper
To: The Federal Government of Somalia and International Stakeholders in Human Rights
Subject: Challenges and Alternatives for Establishing the Independent National Human Rights Commission of Somalia
Prepared by: Coalition of Somali Human Rights Defenders (CSHRD)
(UN ECOSOC Special Consultative Status since August 2023)
Website: www.cshrds.org
Introduction
As part of its Universal Periodic Review (UPR) ¹ commitments in May 2021, Somalia was advised to establish an Independent National Human Rights Commission (INHRC)². This recommendation reflects a critical step towards institutionalizing human rights protections. However, significant challenges undermine the Commission’s ability to function effectively, impartially, and independently. This policy paper outlines these challenges and proposes actionable alternatives to ensure the successful implementation of a credible human rights framework in Somalia.
Challenges in Establishing the INHRC
1. State and Regional Domination:
The proposed Commission risks being heavily influenced by the Federal Government and its regional states.
Such dominance raises concerns about impartiality, fairness, and independence, making it more likely to serve political interests rather than uphold human rights³.
2. Exclusion of Civil Society:
The absence of a role for civil society organizations (CSOs) in the Commission’s formation and operations eliminates vital voices for marginalized communities and human rights advocacy.
3. Lack of Transparency and Effectiveness:
Structural frameworks lack robust mechanisms for transparency and accountability, leaving room for inefficiency and reduced public trust.
4. State-Perpetrated Violations Covered Up:
The Commission may be used to shield state actors from scrutiny for human rights violations, undermining its credibility.
5. Non-Merit-Based Selection Process:
The selection of Commission members is not based on merit, legal professionalism, or relevant expertise, which affects its ability to address human rights challenges efeffectively.
Proposed Alternatives
1. National Human Rights Ombudsman Office:
Establish an independent national Ombudsman office⁴ dedicated to handling complaints and ensuring government compliance with human rights standards.
Ensure the Ombudsman is elected through a transparent and democratic process and operates free from government interference.
Mandate collaboration with CSOs, legal professionals, and international stakeholders to maintain impartiality and inclusivity.
2. Elected Commission⁵ Led by a Human Rights Ombudsman:
Form an elected Commission where leadership is vested in a Human Rights Ombudsman with a clear mandate to uphold human rights impartially.
Include representatives from diverse backgrounds—civil society, academia, legal experts, and community leaders—selected through a merit-based process.
Build strong accountability and transparency mechanisms⁶ to ensure the Commission functions effectively and independently.
Conclusion and Recommendations
The Coalition of Somali Human Rights Defenders (CSHRD) strongly urges the Federal Government of Somalia and international stakeholders to:
Prioritize the independence, impartiality, and inclusivity of the INHRC.
Integrate civil society organizations into all stages of the Commission’s establishment and operations.
Adopt an Ombudsman-led Commission or independent Ombudsman office to ensure transparency, accountability, and credibility.
Commit to a merit-based selection process to enhance the Commission’s effectiveness.
These measures are essential to safeguarding human rights in Somalia and fulfilling the commitments outlined in the UPR. The establishment of an impartial and effective Commission or Ombudsman office will demonstrate Somalia’s commitment to international human rights standards and foster greater trust among its citizens and global partners.
References
1. https://upr-info.org/en/review/somalia
2. https://www.ohchr.org/en/press-releases/2021/05/somalias-human-rights-record-be-examined-universal-periodic-review?LangID=E&NewsID=27051
3. https://nusoj.org/2021/10/04/un-human-rights-council-nusoj-calls-for-action-on-somalias-commitments-under-universal-periodic-review/
4. https://ipcan.org/members/the-human-rights-ombudsman-of-the-republic-of-slovenia
5. https://www.sahrc.org.za/index.php/about-us/what-we-do
6. https://achpr.au.int/en
Coalition of Somali Human Rights Defenders (CSHRD), UN ECOSOC Special Consultative Status Since August 2023 www.cshrds.org
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