The Sexual Offenses Bill, on the other hand, they said makes great strides towards protecting Somali women and girls from violence by criminalizing different forms of sexual violence in accordance with internationally accepted standards.
Key concerns
Women and girls in Somalia are subject to multiple manifestations of gender-based violence (GBV), according to the joint statement.
Among the most predominant forms of violence are the increased and relentless attacks on their bodily autonomy in social, cultural, religious, or political spheres.
This violence usually takes different forms, including gang rape, sexual exploitation, child marriage, forced pregnancies, intimate partner violence and a host of other horrific crimes designed to humiliate women and girls and erode their power over their own bodies.
A recent GBV Advocacy Brief published by UNFPA Somalia revealed that incidences of sexual violence have continued to increase, exacerbated by multiple displacements, flooding, droughts and armed conflicts.
“Despite the higher prevalence, survivors largely remain in legal limbo, mostly due to fragile security in camps for internally displaced persons (IDPs), weak legal systems, and limited access to formal justice,” the statement said.
“When fighting against such injustices, women parliamentarians’ and other actors’ voices often go unheard and their contributions are sidelined”
“For example, while speaking in favour of the Sexual Offenses Bill, the comments of Hon. Sadia Samatar, the Deputy Speaker of Parliament was misconstrued and weaponized against her to prevent her from continuing to fight for the protection of Somali women and girls, even though her arguments for the safety and dignity of women and girls are fully aligned with Islamic teachings” it added.
Among the key regressive provisions in the Sexual Intercourse Bill is the legalization of child marriages, omission of the age of consent, omission of the offence of sexual exploitation, significant reductions in types of admissible evidence, and changes in the definition of rape.
Other regressive provisions include the removal of provisions setting out responsibilities and obligations of various criminal justice institutions to enforce the law, reductions in privacy rights of the survivors by allowing the introduction of their sexual history to evidence during trial, and reduction of situations where a person’s consent can be violated or invalidated.
“The above substantive changes will not only be a backward step in as far as the advancement of women and girls’ rights in Somalia is concerned but also a detriment to their access to justice. Additionally, there will be a boost in the nation’s surge in child forced marriages”
Recommendations
In their recommendations, the seven concerned rights groups urged for immediate approval of the Sexual Offenses Bill hence it was an outcome of a 5-year consultation process with key stakeholders such as women and human rights organizations, religious and cultural leaders, including individuals affected by sexual violence.
They called an enhance the security sector’s zero-tolerance stance and contribute to the strengthening of government institutional ability to effectively prevent and respond to sexual violence.
One among the recommendations urges Somali authorities to take tangible steps to prevent sexual violence against women and children, including adopting a new national action plan that will put an end to gender-based and sexual violence.
