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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

55 journalists killed in 2021, impunity ‘alarmingly widespread’

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Journalists covering a terrorist attack in Kenya. ©UNESCO/ Enos Teche

Fifty-five journalists and media professionals were killed last year, latest UN data showed on Thursday, with nearly nine in 10 killings since 2006 still unresolved. 

Impunity is “alarmingly widespread”, said the UN Educational, Scientific and Cultural Organization (UNESCO). 

“Once again in 2021, far too many journalists paid the ultimate price to bring truth to light”, said UNESCO Director-General Audrey Azoulay.  

“Right now, the world needs independent, factual information more than ever. We must do more to ensure that those who work tirelessly to provide this can do so without fear.” 

Although the number of victims stands at its lowest for a decade, UNESCO underlined the many dangers that reporters face in trying to cover stories and expose wrongdoing.  

In 2021, as in previous years, journalists faced high rates of imprisonment, physical attack, intimidation and harassment, including when reporting on protests. 

No distinction 

Women journalists continue to be particularly at risk as they are subjected to “a shocking prevalence of harassment online”, UNESCO said, citing data which showed that nearly three-quarters of female media professionals surveyed had experienced online violence linked to their work. 

According to the UNESCO Observatory of Killed Journalists, two-thirds of victims in 2021 died in countries where there is no armed conflict.  

This marks a complete reversal of the situation in 2013, when two-thirds of killings took place in countries experiencing conflict. 

Regional dangers  

Most deaths in 2021 occurred in just two regions, Asia-Pacific – with 23 killings, and Latin America and the Caribbean – with 14. 

On Wednesday, Ms. Azoulay condemned the killing of Myanmar journalist Sai Win Aung. 

Mr. Aung – also known as A Sai K – died on 25 December while covering the plight of refugees in the southeastern state of Kayin. 

During his assignment for the Federal News Journal, he was shot in an artillery attack by the Myanmar armed forces, UNESCO said citing reports, making him the second journalist to be killed in Myanmar last month. 

Bold platform  

UNESCO has a global mandate to ensure freedom of expression and the safety of journalists worldwide.  

Every time a journalist or media professional is killed, the agency systematically urges authorities to conduct a full investigation. 

The agency also coordinates the UN Plan of Action on the Safety of Journalists and the Issue of Impunity, which marks its 10-year anniversary in 2022.  

UNESCO also provides training for journalists and judicial actors, works with Governments to develop supportive policies and laws and raises global awareness through events such as World Press Freedom Day, commemorated annually on 3 May. 

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Human Rights

Harsh winter fuels ongoing humanitarian crisis in Afghanistan

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UN humanitarians warned on Tuesday that a harsh winter in Afghanistan is aggravating already severe conditions faced by millions across the country.

In the past 24 hours, heavy snowfall and rain have impacted a number of areas, disrupting flights to and from Kabul Airport, according to the Office for the Coordination of Humanitarian Affairs (OCHA).

“Further snow and low temperatures are forecast in the coming days”, UN Spokesperson Stéphane Dujarric told journalists at the daily briefing for correspondents in New York.

Scaling up

An already dire humanitarian situation in Afghanistan worsened following the takeover by Taliban forces last August, and the subsequent suspension of aid, coupled with freezing of assets by many countries and international organisations.

Late last month, the Security Council unanimously adopted a resolution clearing the way for aid to reach Afghans in desperate need of basic support, while preventing funds from falling into the hands of the Taliban, a move welcomed by the head of OCHA as a “milestone” decision that will save lives.

Meanwhile, humanitarian partners are racing against time to deliver aid and supplies – in line with commitments to scale up operations.

“During December, our humanitarian partners have reached seven million people with relief food supplies across the country”, said Mr. Dujarric. 

“Provision of winterization support, including cash and non-food items, is also under way in various parts of the country”. 

In 2021, donors provided $1.5 billion for two humanitarian appeals, including $776 million of the $606 million required for the Flash Appeal launched in September by the Secretary-General, and $730 million of the $869 million sought in the Humanitarian Response Plan.

Raising concerns

The International Organization for Migration (IOM) has expressed its continuing concern for the millions of internally-displaced in Afghanistan while the UN refugee agency, UNHCR, is scaling up its response to disseminate timely winterization assistance – particularly to the most vulnerable of displaced families.

UNHCR said that it is providing ongoing multipurpose cash assistance to meet their immediate needs for warmth, and security.

Sustained support is critical”, the agency tweeted.

At the same time, Ezatullah Noori, the national emergency coordinator for the Food and Agriculture Organization (FAO) in Afghanistan, pointed out that this is the third season of drought in five years.

“If we don’t support the agricultural sector in time, we will lose an essential pillar of the Afghan economy”, he warned.

Aid in numbers

Since 1 September, humanitarian partners in Afghanistan have reached:

  • 9M people with food assistanc.
  • 201K children with treatment for acute malnutrition.
  • 4M people with healthcare.
  • 110K people with winterization assistance.

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People of Myanmar face ‘unprecedented’ crisis in 2022

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COVID and ongoing insecurity in Myanmar are pushing vulnerable people into poverty. © UNICEF/Nyan Zay Htet

The people of Myanmar are facing an unprecedented political, socioeconomic, human rights and humanitarian crisis with needs escalating dramatically since the military takeover and a severe COVID-19 third wave.  

According to a UN Humanitarian Needs Overview published on Friday by OCHA, the turmoil is projected to have driven almost half the population into poverty heading into 2022, wiping out the impressive gains made since 2005. 

The situation has been worsening since the beginning of the year, when the military took over the country, ousting the democratically elected Government. It is now estimated that 14 out of 15 states and regions are within the critical threshold for acute malnutrition. 

For the next year, the analysis projects that 14.4 million people will need aid in some form, approximately a quarter of the population. The number includes 6.9 million men, 7.5 million women, and five million children.  

Reasons 

Price hikes, COVID-19 movement restrictions and ongoing insecurity have forced the most vulnerable people to emergency strategies to buy food and other basic supplies.  

Prices for key household commodities have risen significantly, making some food items unaffordable. At the same time, farming incomes have been affected by lower prices for some crops, higher input prices, and limited access to credit. 

Monsoon floods in July and August have also affected more than 120,000 people, resulting in crop losses and contributing to food insecurity. 

For 2022, the humanitarian affairs office OCHA, says the outlook “remains dire”. 

The political and security situation is “expected to remain volatile” and a fourth wave of COVID-19, due to relatively low vaccination rates and the emergence of new variants, is considered a rising risk. 

Prices are only expected to decrease marginally, while farm gate prices will likely remain low. As a result, consumer prices are projected to be higher, with incomes continuing to decrease. 

Other threats  

According to OCHA, the “unrelenting stress on communities is having an undeniable impact on the physical and mental health of the nation, particularly the psychological well-being of children and young people.” 

The risk and incidence of human trafficking, already on the rise in 2021, is expected to further escalate. 

In areas affected by conflict, entire communities, including children, are being displaced, increasing the risks for girls and boys to be killed, injured, trafficked, recruited and used in armed conflict.   

In 2020 and 2021, learning was disrupted for almost 12 million children, nearly all the school-aged population, and even though schools had began to reopen, the prospect of a full return to classroom education remains slim for many.  

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