Human Rights Mandate (Themes)

Contents

The National Independent Human Rights Commission of Somalia exercises its mandate through five core thematic pillars.

These themes reflect Somalia’s constitutional priorities, Islamic values, social realities, and international human rights obligations.

All thematic work is coordinated under the Department of Planning & Human Rights, in accordance with Sharci Lr. 16 (2016).

PURPOSE OF THE THEMATIC APPROACH

The Commission adopts a thematic approach in order to:

  • Organise its work in a clear and transparent manner
  • Focus on the most pressing human rights challenges in Somalia
  • Enable evidence-based investigations and reporting
  • Provide practical guidance to institutions and the public
  • Align national priorities with regional and international standards

Each theme explains:

  • What the right is
  • Why it matters in Somalia
  • What the law requires
  • What the Commission does
  • What the State must do
  • What individuals can do

THEME 1: CIVIL & POLITICAL RIGHTS

Protection from Abuse of Power

What Are Civil & Political Rights?

Civil and political rights protect individuals from the misuse of power and ensure participation in public life. These rights are essential for freedom, security, and justice.

They include:

  • Right to life
  • Right to personal security
  • Freedom from torture and ill-treatment
  • Right to liberty and lawful detention
  • Right to fair trial and due process
  • Freedom of expression, assembly, and association
  • Political participation

Why This Theme Matters in Somalia

Somalia’s history of conflict, insecurity, and institutional weakness makes civil and political rights especially vulnerable.

Common challenges include:

  • Arbitrary arrests and prolonged detention
  • Abuse in places of detention
  • Restrictions on freedom of expression
  • Weak access to justice

Protecting these rights is essential for:

  • Rule of law
  • Trust in institutions
  • National stability and reconciliation

Legal Foundation

These rights are protected by:

  • Islamic principles of justice and dignity
  • The Provisional Constitution
  • Somali laws
  • Regional and international human rights treaties

What the Commission Does

The Commission:

  • Investigates allegations of unlawful killings, torture, and arbitrary detention
  • Conducts regular and unannounced detention visits
  • Monitors court processes and due-process standards
  • Issues recommendations to security and justice institutions
  • Reports findings to Parliament and relevant authorities

Obligations of the State

State institutions must:

  • Respect the right to life and security
  • Ensure arrests and detention are lawful
  • Prevent torture and abuse
  • Guarantee fair trial rights
  • Protect freedoms of expression and assembly

What You Can Do

If your civil or political rights are violated:

  • Document what happened if possible
  • Contact the Commission
  • Seek legal assistance where available
  • Do not accept abuse as “normal”

THEME 2: ECONOMIC, SOCIAL & CULTURAL RIGHTS

The Right to Live with Dignity

What Are Economic, Social & Cultural Rights?

These rights ensure that every person can live a life of basic dignity and opportunity.

They include:

  • Right to education
  • Right to health
  • Right to water and sanitation
  • Right to housing
  • Right to work and fair conditions
  • Right to participate in cultural life

Somalia Context

In Somalia, these rights are deeply affected by:

  • Drought andabo
  • Poverty and unemployment
  • Internal displacement
  • Limited access to services
  • Climate change

Violations often occur systemically, not individually.

Legal Foundation

The State has a duty to progressively realise these rights using available resources, without discrimination.

What the Commission Does

The Commission:

  • Monitors access to education, health, and basic services
  • Conducts inquiries into systemic service failures
  • Advises Government and Parliament on policy reforms
  • Integrates human rights into development planning

Obligations of the State

Authorities must:

  • Take concrete steps to improve access to services
  • Avoid discrimination in service delivery
  • Protect vulnerable communities
  • Integrate human rights into development programs

What You Can Do

  • Report systemic denial of services
  • Engage community structures
  • Raise issues through the Commission

THEME 3: WOMEN, CHILDREN & VULNERABLE GROUPS

Protection for Those Most at Risk

Why This Theme Is Central

Certain groups face greater risk of abuse, exclusion, and discrimination, including:

  • Women
  • Children
  • Persons with disabilities
  • IDPs
  • Minorities
  • The elderly

Protecting these groups is a legal and moral obligation.

Women’s Rights

Women have the right to:

  • Equality before the law
  • Protection from violence
  • Dignity within family and society
  • Participation in public life

The Commission prioritises:

  • Gender-based violence cases
  • Discrimination complaints
  • Institutional accountability

Children’s Rights

Children must be protected from:

  • Abuse and neglect
  • Exploitation and child labour
  • Recruitment into armed groups

The Commission:

  • Investigates child rights violations
  • Promotes child-friendly justice
  • Advocates protective systems

Rights of Persons with Disabilities

The Commission promotes:

  • Equality and accessibility
  • Inclusion in education and employment
  • Protection from abuse and neglect

IDPs & Marginalised Groups

The Commission:

  • Investigates forced evictions
  • Monitors camp conditions
  • Advocates for dignity and protection

THEME 4: RULE OF LAW, JUSTICE & ACCOUNTABILITY

No Rights Without Accountability

Why Rule of Law Matters

Human rights cannot be protected without:

  • Independent institutions
  • Accountability mechanisms
  • Access to justice

Areas of Focus

  • Detention monitoring
  • Access to justice
  • Accountability for violations
  • Transitional justice and reconciliation
  • Oversight of security institutions

What the Commission Does

  • Conducts detention inspections
  • Reviews justice processes
  • Establishes jury panels
  • Issues accountability recommendations
  • Monitors follow-up actions

Obligations of the State

Institutions must:

  • Investigate abuses
  • Hold violators accountable
  • Ensure justice is accessible
  • Prevent impunity

THEME 5: HUMAN RIGHTS & DEVELOPMENT

Development That Respects People

Why This Theme Matters

Development that ignores human rights:

  • Deepens inequality
  • Fuels conflict
  • Excludes vulnerable groups

Key Areas

  • Climate change and environmental rights
  • Business and human rights
  • Land and resource governance
  • Public service delivery
  • Sustainable Development Goals (SDGs)

What the Commission Does

  • Promotes a human rights-based approach to development
  • Reviews policies and projects for rights impacts
  • Advises Government and private actors
  • Advocates inclusive and sustainable development

Obligations of the State and Private Actors

They must:

  • Respect human rights in development projects
  • Prevent harm to communities
  • Ensure participation and transparency

HOW THEMES CONNECT TO COMPLAINTS & REPORTS

Each theme feeds into:

  • Complaints handling
  • Investigations
  • Thematic reports
  • Advisory opinions
  • Parliamentary submissions