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Reporthrvelectoralprocessaug Table of Contents LIST OF ACRONYMS ................................................................................................................................ 3 Executive Summary ...................................................................................................................................... 4 I. Methodology ..................................................................................................................................... 7 II. Context .............................................................................................................................................. 8 Overall Human Rights Situation ............................................................................................................... 8 The 2016 Electoral Process ....................................................................................................................... 9 III. Legal Framework ............................................................................................................................ 12 IV. Violations of Human Rights in the Context of the Electoral Processes .......................................... 13 The Rights to Life and Physical Integrity ................................................................................................... 14 The Rights to Liberty and Security and Freedom from torture, cruel, inhuman or degrading treatment.... 16 The Right to Freedom of Opinion and Expression ..................................................................................... 17 The Rights to Freedoms of Peaceful Assembly and Association ............................................................... 20 The Right to Participate in Public Affairs ................................................................................................... 21 Judicial Response to Election-Related Human Rights Violations and Abuses ........................................... 23 Vetting Human Rights Records of Electoral Candidates ........................................................................ 24 Access to Remedies for Electoral Violations .......................................................................................... 24 V. The Somaliland Presidential Election on 13 November 2017 ........................................................ 26 Access to Remedies for Electoral Violations .......................................................................................... 27 Right to Participate in Public Affairs .......................................................................................................... 27 Rights to Life and Physical Integrity .......................................................................................................... 28 Rights to Freedoms of Association, Opinion, Expression, and of the Press ............................................... 28 VI. Conclusion ...................................................................................................................................... 30 VII. Recommendations ........................................................................................................................... 30 To the Federal Government of Somalia: ..................................................................................................... 30 To the Somaliland authorities ..................................................................................................................... 32 To the International Community ................................................................................................................. 32 2 LIST OF ACRONYMS BRA: Banaadir Regional Administration FIEIT: Federal Indirect Electoral Implementation Team FGS: Federal Government of Somalia FMS: Federal Member States HRPG: Human Rights and Protection Group IED: Improvised explosive devices IEDRM: The Independent Electoral Dispute Resolution Mechanism IESG: Integrated Electoral Support Group ISWA: Interim South West Administration JISA: Jubbaland Intelligence and Security Agency NCF: National Consultative Forum NISA: National Intelligence and Security Agency NLF: National Leadership Forum OHCHR: Office of the United Nations High Commissioner for Human Rights SIEIT: State Indirect Electoral Implementation Team SNA: Somali National Army UNSOM: United Nations Assistance Mission in Somalia UNDP: United Nations Development Programme VBIED: Vehicle-borne improvised explosive devices 3 Executive Summary This report is jointly released by the United Nations Assistance Mission in Somalia (UNSOM) and the Office of the United Nations High Commissioner for Human Rights (OHCHR), based on the monitoring work of the UNSOM Human Rights Protection Group (HRPG). The report focuses on human rights violations and abuses committed before during and after parliamentary and presidential elections that were held in Somalia in late 2016 and early 2017. It covers the period between August 2016 and February 2018. The UNSOM HRPG prepared this report pursuant to UNSOM’s mandate under United Nations Security Council Resolution 2158 (2014), which requires it “to monitor, help investigate and report to the Council on, and help prevent any abuses or violations of human rights or violations of international humanitarian law committed in Somalia”. There have been significant gains in Somalia’s peace process in the last five years. This is reflected inter alia by the electoral process initiated in July 2015 that resulted in a new Upper House and a transformed House of the People, which is more diverse, with an increased number of women (from 14 per cent in 2012 to 24 per cent in 2016-2017), and a 50 per cent new membership including youth. However, women, persons with disabilities, minority clans, and civil society groups had limited or no access to the electoral process throughout the country, as it was a political process based on clan distribution. The 2016 election, characterized by the United Nations as a “political process with electoral features”, was a transitional process that took place before the full formation of Federal Member States (FMS) and before constitutional reforms were completed. In the absence of a specific election law or regulations, most of the modalities were developed and negotiated while the process advanced. The institutions and the framework for elections created were ad hoc, based on decisions by the National Leadership Forum (NLF), the main decision-making body for the electoral process that included the Federal Government of Somalia (FGS) President and FMS Presidents, the Speaker of the Federal Parliament and the FGS Prime Minister, and validated by a series of presidential decrees. Because the legal framework was not established in advance, the roles of relevant institutions were largely undefined, and the appointment of officials administering the election was not transparent, which posed significant challenges to the electoral process. The 2016 Somali electoral process was not a universal suffrage election, as the necessary conditions were not yet in place to apply the one-person, one-vote principle. Instead, there was a system of indirect elections whereby 275 electoral colleges, each consisting of 51 delegates, elected the 275 members of the House of the People. The newly-elected Parliament elected a new President on 8 February 2017. Despite these achievements, insecurity, weak justice institutions, and an insufficient human rights protection system contributed to the lack of accountability for human rights violations and abuses. This report includes specific corrective recommendations in that regard. 4 In direct connection to the 2016-2017 electoral process in Somalia, UNSOM HRPG documented cases of human rights violations and abuses committed by state security forces (including police, Somali National Army and intelligence agencies) at federal and state levels, as well as by non- State actors, including Al-Shabaab and individuals with interests in the elections. Overall, during the period covered by the report, UNSOM HRPG documented 44 cases of elections-related killings (41 men and 3 women) and 4 injuries (all men). During the pre-electoral and electoral period from August 2016 to February 2018, UNSOM HRPG documented 65 cases of human rights violations directly related to the electoral process, including killings and injuries, arbitrary arrest, intimidation of candidates, and other infringements of the rights of participation. Thirty-six of the cases occurred before the election of the President on 8 February 2017 and included 15 killings and 4 injuries, mainly as a result of targeted attacks by unidentified armed men in Mogadishu. The victims included electoral candidates, members of the electoral bodies, and prominent elders of clans involved in the campaign and voting process. Of the 15 men who were killed, 13 were prominent elders and 2 were electoral delegates. Since the Somali President was elected on 8 February 2017, electoral-related violence continued and voters, clan elders and others who participated in the process have been targeted for assassination. Between 13 February 2017 and 28 February 2018, UNSOM recorded 29 killings (including 26 men and 3 women); 14 of the victims had participated in the electoral process in the Interim South West Administration (ISWA), 6 in Galmudug, and 9 in HirShabelle. While most of the killings were attributed to Al-Shabaab by different sources, Al-Shabaab officially claimed responsibility for eight killings. Some of the assassinations
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