Constitutional Provisions

Article 13 of the 2012 Provisional Constitution of the Federal Republic of Somalia provides that: "Everyone has the right to life." Article 15(2) stipulates that:

Every person has the right to personal security, and this includes: the prohibition of illegal detention, all forms of violence, including any form of violence against women, torture, or inhumane treatment.

Article 20 governs "Freedom of Assembly, Demonstration, Protest, and Petition":

(1) Every person has the right to organize and participate in meetings, and to demonstrate and protest peacefully, without requiring prior authorization.

Article 126 governs the Somali police forces:

(4) The federal police force has the mandate to protect the lives and property, the peace and security of the citizens and other residents of the Federal Republic of Somalia.

(5) The police forces established by the laws of the Federal Member States have the mandate to protect lives and property and preserve peace and security locally, alone or in cooperation with the federal police force.

Treaty Adherence

Global Treaties

Adherence to Selected Human Rights Treaties
1966 Covenant on Civil and Political Rights (ICCPR) State Party
ICCPR Optional Protocol 1 State Party
1984 Convention against Torture (CAT) State Party
Competence of CAT Committee to receive individual complaints No
CAT Optional Protocol 1 Not party
Adherence to International Criminal Law Treaties
1998 Rome Statute of the International Criminal Court Not party

Regional Treaties

Adherence to Regional Human Rights Treaties
1981 African Charter on Human and Peoples' Rights State Party
1998 Protocol to the African Charter on the African Court Signatory
Article 34(6) declaration regarding individual petitions N/A
Adherence to International Criminal Law Treaties at Regional Level
Malabo Protocol on Amendments to the African Court of Justice and Human Rights Not party

National Legislation

Police Use of Force

The Somalia Police Force is the nation's main federal law enforcement agency. 

UNSOM Police (the United Nations Assistance Mission in Somalia) provides strategic advice to the Somali government at the federal and state levels with a view to establishing and strengthening capable, accountable, and rights-based police services. The Joint Policing Programme (JPP) will oversee the development of a legal framework and accountability for policing.

Police Oversight

Somalia has no dedicated independent civilian police oversight body. 

Caselaw

Global

Views and Concluding Observations of United Nations Treaty Bodies

Somalia has not come before the Human Rights Committee in recent years. 

Independent Expert on the situation of human rights in Somalia

Human Rights Council Resolution 39/23 adopted on 28 September 2018 extended the mandate of the Independent Expert on the situation of human rights in Somalia for a period of one year to assess, monitor and report on the situation of human rights in Somalia. In his report of July September, the Independent Expert called on Somalia to:

Coordinate with the Federal Government and AMISOM regarding the implementation of the financing of the transition plan in the security sector and the training of Somali National Security Forces and the police, in order to ensure that they discharge their law and order, security and defence obligations effectively....

Regional

Somalia has not ratified the Protocol to the African Charter on Human and Peoples' Rights, allowing the African Court to hear cases alleging a violation of the Charter by the state.

Downloads

2012 Provisional Constitution of the Federal Republic of Somalia

Report of the Independent Expert on the situation of human rights in Somalia (2018)