The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Saul, recently undertook a crucial official visit to Somalia. His mission, spanning from 10 to 20 May 2025, aimed to evaluate the alignment of Somalia’s counter-terrorism laws, policies, and practices with international human rights, humanitarian, and refugee laws.
Upon concluding his visit, Saul commended the Somali authorities for their extensive efforts in combatting terrorism. He highlighted a multifaceted strategy encompassing law enforcement, military operations, countering violent extremism, and addressing the underlying causes of terrorist recruitment. Nonetheless, he expressed concerns over Somalia’s adoption of overly broad terrorist definitions and offenses, along with the granting of expansive intelligence and security powers that could potentially infringe on fundamental human rights.
During his time in the country, Saul received distressing reports detailing arbitrary arrests, prolonged pre-trial detentions, lack of legal representation, potential enforced disappearances, excessive use of force, and instances of ill-treatment within detention facilities. Of particular concern to him were the widespread violations against children in armed conflict, including incidents of killings, maiming, forced recruitment, sexual and gender-based violence, and trafficking.
Saul raised an alarm regarding the utilization of military courts for trying terrorist suspects, citing inadequate independence and fair trial safeguards. He also noted substandard prison conditions that fail to meet international norms. While recognizing the successes of military operations against terrorist groups, he cautioned against the lack of proper rules, procedures, and accountability measures within the military forces to address and rectify violations.
Of significant worry to the Special Rapporteur was the collaboration between clan militias and the military, lacking a legal framework to ensure the protection of human rights. He stressed the importance of establishing well-resourced rehabilitation and reintegration centers for individuals disengaging from groups like Al-Shabab, including women survivors of sexual and gender-based violence.
Saul also highlighted how counter-terrorism financing laws could hinder the impartial delivery of humanitarian aid to vulnerable civilian populations in dire need. He pointed out that these laws also impede the freedom of the media to report on security issues and restrict the human rights activities of civil society organizations.
In his recommendations, Saul urged Somalia, with international support, to establish robust oversight and accountability mechanisms for all counter-terrorism entities. He emphasized the necessity of addressing root causes, pursuing conflict resolution, promoting inclusive governance, combating corruption, poverty, and discrimination against minorities. He called on international partners to sustain their political and financial backing for Somalia, especially in light of recent funding reductions by some donors.
“This is a critical juncture for Somalia,” Saul emphasized, underscoring the indispensable nature of ongoing international involvement to bolster national endeavors in fostering lasting peace, reinforcing the rule of law, and safeguarding human rights amid counter-terrorism efforts. The Special Rapporteur is set to present a comprehensive report on his observations to the UN Human Rights Council in March 2026.
Originally reported by Africa News
Read more at: http://www.africanews.com/2025/05/22/terrorism-and-instability-critical-moment-for-somalia-says-rapporteur/
