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Somalia: Draft law a ‘major setback’ for victims of sexual violence

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A girl stands in a camp for displaced people, in Mogadishu, the capital. She was attacked and beaten following a food distribution (file). © UNICEF/Kate Holt

The UN official working to end rape during wartime is urging authorities in Somalia to scrap a proposed law that allows for child marriage, among other “very disturbing provisions”.

Pramila Patten, the Secretary-General’s Special Representative on Sexual Violence in Conflict, wants the Somali Federal Parliament to withdraw the Sexual Intercourse Related Crimes Bill as it breaches international and regional standards relating to rape and other forms of sexual violence.

“If adopted, it would not only represent a major setback for victims of sexual violence in Somalia but would also delay the delisting of any of Somalia’s armed forces from the Secretary-General’s annual report to the Security Council”, she said.

Ms. Patten recalled that Somalia signed a 2013 Joint Communiqué with the UN, pledging to strengthen laws on sexual violence, and the draft law falls short of stated obligations and commitments.

‘Serious breaches’ – UN rights chief

The UN High Commissioner for human rights, Michelle Bachelet, on Monday called for legislators not to enact the law, saying that provisions in the draft “constitute serious breaches of international human rights norms and standards.”

The rights chief said that if passed, it would represent “a serious step backwards for the rights of victims of sexual violence in Somalia, in particular women and girls”, as well as sending a worrying signal to other States in the region.

Flaws in Draft Bill

The Sexual Intercourse Related Crimes Bill contains substantive and procedural provisions “which grossly contravene international human rights law and standards to which Somalia is a party, and which would represent a major setback in the fight against sexual violence in Somalia and across the globe”, Ms. Patten said in a statement.

They include flawed definitions of offences, a lack of clearly defined terms, as well as inadequate protection of victims, witnesses and accused.

In addition to the provision that allows minors to marry based on reproductive maturity, independent of age, “it also establishes criminal penalties for forced marriage only if a woman is ‘strongly’ forced into the marriage without the knowledge and consent of her family.”

Act on 2018 Bill

Ms. Patten expressed hope that the Somali Government would instead reintroduce another draft law from 2018 that is centred on survivors.

The Sexual Offences Bill was developed following five years of wide-ranging consultations with women, civil society, and the international community, she recalled.

It was unanimously endorsed by the Somali Council of Ministers and sent to Parliament.

“Special Representative Patten deplores that in 2019, in a process that may have deviated from established law and legislative procedures, the Sexual Offences Bill was returned to Cabinet by the Speaker of the House of the People requesting Cabinet to make several substantive amendments,” the statement said.

“Although, in response, 15 Members of the House of the People brought a motion requesting the return of the Cabinet-approved Sexual Offences Bill to Parliament for first reading, the motion was not considered.”

Ms. Patten has joined others in Somalia and across the globe who are requesting that the Government take immediate action to reintroduce the Bill.

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Human Rights

ILO calls on Belarus President to respect workers’ rights and freedoms amid protests

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The Director-General of the International Labour Organization, Guy Ryder, has called on the President of Belarus, Alexander Lukashenko, to prevent human rights violations and “ensure full respect for workers’ rights and freedoms” during the wave of protests that have swept the country in recent weeks. 

In his letter to the Belarus President, Ryder urged President Lukashenko to release and drop charges against six trade unionists who have been detained by the authorities after participating in peaceful protests and industrial action.

He reminded the President that it is the responsibility of the Government to ensure a climate free from violence, threats or pressure against peacefully protesting workers and that any such allegations should be rapidly and independently investigated.

“I must urge you to do all in your power to prevent the occurrence of human rights violations and ensure full respect for workers’ rights and freedoms,” Ryder’s letter said.

He expressed his deep concern at reports coming out of Belarus on the arrest, detention, imprisonment and mistreatment of workers’ leaders.

‘No one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike or protest,’ Ryder wrote.

The letter recalls that the ILO has been working with the Belarus government, and the national workers’ and employers’ organizations, for 16 years, helping to address issues raised by an ILO Commission of Inquiry in 2004  which was set up following serious infringements of trade union rights and freedoms in the country.

Ryder notes that while there has been some progress on these issues, “the Commission’s recommendations are far from being fully implemented.”

The intervention by the ILO Director-General follows a request made by the International Trade Union Confederation (ITUC).

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Switzerland: Draft anti-terrorism law sets ‘dangerous precedent’

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A proposed new anti-terrorism law in Switzerland could set a dangerous precedent for the suppression of political dissent worldwide, a group of five independent UN human rights experts warned on Friday. 

The draft legislation, currently before the Swiss Parliament, expands the definition of terrorism and no longer requires the prospect of any crime at all, they said, in a plea for a last-minute reversal by legislators. 

‘Expansive’ definition of terrorism 

Citing international standards, the experts defined terrorism as the intimidation or coercion of populations or governments through violence that causes death or serious injury, or the taking of hostages. 

Under the bill, “terrorist activity” may encompass even lawful acts aimed at influencing or modifying the constitutional order, such as legitimate activities of journalists, civil society and political activists. 

“Expanding the definition of terrorism to any non-violent campaign involving the spreading of fear goes far beyond current Swiss domestic law and violates international standards”, said the experts, all of whom were appointed by the UN Human Rights Council

“This excessively expansive definition sets a dangerous precedent and risks serving as a model for authoritarian governments seeking to suppress political dissent including through torture and other cruel, inhuman or degrading treatment or punishment.” 

Other sections of the draft law have also raised concerns, such as those giving the federal police extensive authority to designate “potential terrorists” and to decide preventive measures against them.  

Expertise declined 

The rights experts had earlier written to the Swiss authorities, expressing their concerns about the incompatibility of the bill with human rights and international best practices in counter-terrorism.  However, no changes were implemented. 

 “While we recognize the serious security risks posed by terrorism, we very much regret that the Swiss authorities have declined this opportunity to benefit from our technical assistance and expertise on how to combine effective preventive measures with respect for human rights”, they said. 

 The experts called on Swiss parliamentarians to keep in mind their country’s traditionally strong commitment to human rights, urging them to reject a law which “is bound to become a serious stain on Switzerland’s otherwise strong human rights legacy.” 

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Burkina Faso: Over 535,000 children under five ‘acutely’ malnourished

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Members of family, who fled conflict, at their shelter in the Pissila camp for internally displaced persons in Burkina Faso. WFP/Marwa Awad

New data from UN Children’s Fund (UNICEF) has revealed worsening nutritional situation for children in Burkina Faso, with more than 535,000 children under the age of five suffering from acute malnutrition – an unprecedented level. 

Among them, some 156,500 children are “severely” malnourished, leaving them nine times more likely to die than well-nourished children, according to UNICEF

“The aggravating factors causing the nutritional situation of children to deteriorate are primarily linked to the displacement of populations due to insecurity, reduced access to livelihoods and reduced access to health care and nutrition,” said James Mugaju, UNICEF Deputy Representative in Burkina Faso.  

“The coronavirus pandemic has had a brutal impact on households and their ability to provide for the basic needs of their children. Children are paying the highest price, facing a triple crisis: security, health and food,” he added. 

Burkina Faso, a landlocked country in west Africa, has over one million internally displaced persons – 60 per cent of whom are children, and 3.3 million suffer from acute food insecurity.  

Worst affected regions 

According to the survey, the town of Gorom-Gorom in the Sahel region and the Barsalogho site for internally displaced persons in the Centre-Nord region are worst affected, where children under five suffering from global acute malnutrition recorded 18.4 per cent and 16.1 per cent, respectively. The figures exceed the World Health Organization (WHO) emergency threshold of 15 per cent.  

Equally alarming is the situation in Dori, Gorgadji, Bourzanga and Fada N’Gourma communes, all of which have a high prevalence of global acute malnutrition, ranging from 12.5 per cent to 13.6 per cent. Children in the Barsalogho, Kongoussi, Ouahigouya, Kaya and Matiacoali communes also have concerning prevalence rates of acute malnutrition, ranging from 8.6 per cent to 9.6 per cent.  

Areas where children are particularly affected by acute malnutrition are also those with the highest number of acutely food-insecure families, said UNICEF, calling for intensified efforts to ensure the continuity of nutrition services to provide an integrated package of prevention and treatment of malnutrition to reach the children in urgent need. 

“This is essential because good nutrition for children, from their first days and months, protects them from disease and infection, and helps them to recover when they fall ill,” said Mr. Mugaju.  

UNICEF response 

UNICEF and its partners have stepped up their response. Community health workers have been mobilized to travel to the most remote areas to screen and treat malnourished children at the community level, where they also provide advice on the best feeding practices for infants and young children, including in emergency situations.  

The UN agency is also supporting health authorities and is strengthening efforts to procure and deliver therapeutic foods, such as milk and ready-to-use therapeutic foods, to treat acute malnutrition. More than 52,600 cartons or about 737 tonnes of therapeutic food have been delivered to healthcare facilities and 51,685 children with severe acute malnutrition have been treated since January 2020. 

UNICEF Deputy Representative James Mugaju highlighted the importance of working together to support children.  

“Well-nourished girls and boys ensure good physical and cognitive development, which will give them equal opportunities to grow up fulfilled and reach their full potential,” he said. 

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