83rd ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
BANJUL, THE GAMBIA
2 – 22 May 2025
Your Excellency, Honourable Commissioner Janet Ramatoulie Sallah-Njie,
The Strategic Initiative for Women in the Horn of Africa (SIHA) is a regional feminist network with over 200 member organizations working across South Sudan, Sudan, Uganda, Ethiopia, and the Somali region. We welcome this opportunity to address the African Commission on Human and Peoples’ Rights (ACHPR) this session.
We note with concern that Somalia remains one of the most perilous countries for women and girls, with gender-based violence (GBV) reaching deeply alarming levels. According to the Annual Human Rights Report by the Coalition of Somalia Human Rights Defenders, over 1,200 cases of sexual violence have been officially reported in 2024 alone. The actual numbers are believed to be much higher due to widespread stigma and fear of retaliation. The re-introduction of the controversial Sexual Intercourse and Related Crimes Bill, and the Personal Status Bill in other Somali territories, particularly Somaliland, could potentially legalize child marriage. This has sparked national and international outrage, signalling a disturbing regression in the protection of women and girls. Meanwhile, Female Genital Mutilation (FGM) continues to be practiced at an alarming rate—affecting nearly 98% of Somali women—despite persistent efforts by activists and civil society to end this harmful tradition.
The backlash against the women’s rights movement in Somalia has intensified in recent years, reversing many past gains in gender equality. Traditional and religious leaders have strongly opposed initiatives like the Somali Women’s Charter, which calls for 50% representation of women in leadership, viewing it as a threat to deeply rooted patriarchal norms and clan-based power structures. This resistance permeates all across Somalia and its federal territories, including Somaliland. A striking example is the recently elected Somaliland government, which appointed a cabinet of 123 officials, of whom only four are women—an appointment that contradicts women’s persistent demands for at least 30% representation in decision-making roles. This glaring disparity underscores the systemic barriers women face in securing equitable political participation across Somali territories. This resistance is not only ideological but also violent, with women activists and politicians facing threats, assassinations, and disappearances. Prominent figures like Saado Ali Warsame, Ikran Tahlil, and Amina Mohamed Abdi have been targeted for their advocacy. Additionally, the Government’s recent symbolic actions—such as removing “Women” from the title of the Ministry of Women and Human Rights—signal a troubling retreat from commitments to gender equality. These developments reflect a broader societal backlash that undermines constitutional and international human rights obligations, making the fight for women’s rights in Somalia both dangerous and urgent.
Somalia’s Family Law Code of 1975 is now largely outdated and is in dire need of revision, noting the evolution of the women’s rights movement from 1975 to the present date. Currently, the Code fails to set a clear legal marriage age, and its allowance for marriage at puberty has left the door open for child marriage. SIHA continues to receive disheartening reports of child marriage involving children as young as 8 years old. Without updated and enforced family laws, Somali women and girls remain vulnerable to forced marriage, limited divorce rights, and inequality in child custody decisions.
The systemic violations of women’s and girls’ rights in Somalia contradict multiple regional human rights instruments. This includes Article 5 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) which condemns harmful practices such as FGM, calling on States to prohibit and punish such acts. This is in addition to Article 6 of the Maputo Protocol which requires that marriage can only be entered into with the free and full consent of both parties, stipulating 18 as the minimum age of marriage. Child marriage is further outlawed under, both Article 21 (2) of the African Charter on the Rights and Welfare of the Child (ACRWC) and Article 2 of the Maputo Protocol, which mandates the elimination of all forms of discrimination and exploitation against women and children.
The Somali Government’s failure to protect women leaders, activists and journalists from assassination and enforced disappearance constitutes a violation of Article 4 of the African Charter on Human and Peoples’ Rights (the African Charter), which guarantees the right to life, integrity, and security. Additionally, the symbolic removal of “Women” from the Ministry of Women and Human Rights signals a retreat from the principle of equality enshrined in both the African Charter and the Maputo Protocol, which ensures a woman’s right to political participation.
The Somali Government’s regression from prior legal commitments, coupled with a lack of concrete protections and reforms, not only undermines regional legal instruments but places millions of women and girls at direct risk of violence, exploitation, and systemic exclusion.
In light of this, we therefore call on the ACHPR to strongly urge the ratification and domestication of the Maputo Protocol and the ACRWC by the Somali Government in demonstrating its commitment to gender equality and the rights of the child.
In line with its obligations under Article 18(3) of the African Charter in eliminating discrimination and safeguarding the rights of women and children, we further call on the ACHPR to:
- Strongly condemn the crimes SGBV and particularly FGM perpetuated against women and girls;
- Appeal for targeted reforms to Somalia’s family laws, explicitly outlawing child marriage and safeguarding the rights of women in marriage;
- Encourage engagement with religious and traditional leaders in Somalia in ensuring improved results with respect to gender equality and women’s rights;
- Call for gender mainstreaming across Government ministries and the increased political participation of women in key national decision-making roles and political positions; and
- Strongly condemn the harassment and unlawful arrest of women journalists, activists and leaders who publicly advocate for women’s rights in Somalia and ensure their protection in the furtherance of their work.
