Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Somalia (Ratification: 2014)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the Government’s first report and the observations of the Federation of Somali Trade Unions (FESTU) received on 1 September 2018.

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. Forced or compulsory recruitment of children for use in armed conflict. The Government indicates in its report that article 29 of the Provisional Constitution of 2012 provides for the right of children to be protected from armed conflict and not to be used in armed conflict (paragraph 6). In addition, it indicates that the Somali National Army issued a general staff Order (No. 1), stating that children under 18 years of age may not enlist in the army.

The Committee notes that the draft Labour Code of 2019 provides, in its section 7 entitled “Slavery and forced labour and recruitment of children into the armed forces”, for the prohibition of forced or compulsory recruitment of children for use in armed conflict, which is considered as a form of forced or compulsory labour. The penalty for offenders under this provision is a fine or imprisonment for a term of not less than three years and not exceeding ten years, or to both a fine and imprisonment.

According to the Government, the Somali National Army has benefited from human rights training and continuous sensitization to combat the use of children in armed conflict. However, the Government states that gaps exist in law enforcement areas to adequately protect children from the worst forms of child labour, especially in parts of the country that the Government does not control. It indicates the detection of cases of recruitment of children by non-state armed groups, including for use as spies, when opening and closing checkpoints, and to join their armed groups. In 2017, Al-Shabaab extremists intensified its campaign of forced recruitment of children as young as 8 years old. According to the Social Protection Policy of 2019, the recruitment of children by armed groups has included the threatening of elders, teachers in Islamic religious schools, and communities in rural areas with attacks if they did not provide thousands of children as young as 8 years old for use in armed conflict. The observations of the Federation of Somali Trade Unions (FESTU) received on 1 September 2018 also stated that children were forcibly recruited and used by militias and Al-Shabaab extremists as soldiers.

The Committee notes that, according to the Report of the UN Secretary-General on Children and armed conflict of June 2020, the recruitment and use in armed conflict of 1,442 boys and 53 girls were verified in 2019, with some children as young as 8 years old. Al-Shabaab remained the main perpetrator but government security forces, regional forces and clan militias also recruited and used children. A total of 1,158 cases of abduction of children were verified, mainly for the purpose of recruitment and use in armed conflict, as well as 703 cases of children killed or maimed, and more than 200 cases of girls being raped and are victims of sexual violence. The Secretary-General underlined the growing number of violations attributed to government security forces (A/74/845-S/2020/525, paragraphs 137, 139, 140, 142 and 145). Moreover, the Committee notes that, in her report of 24 December 2019, the Special Representative of the Secretary-General for Children and Armed Conflict specified that in Somalia, where the highest figures for sexual violence were verified in 2019, girls were sexually abused during their association with armed forces and groups, and forcibly married to combatants. She also stated that abduction was the primary way for Al-Shabaab to forcibly recruit children for use as combatants in Somalia (A/HRC/43/38, paragraphs 27 and 32). The Committee must deplore the continued recruitment and use of children in armed conflict in Somalia, especially as it entails other violations of children’s rights, such as abductions, killings and sexual violence. While recognizing the complexity of the situation prevailing on the ground and the existence of an armed conflict and armed groups in the country, the Committee urges the Government to take the necessary measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age by armed forces and armed groups in Somalia. The Committee also urges the Government to take immediate and effective measures to ensure the thorough investigation and prosecution of all persons found guilty of recruiting children under 18 years of age for use in armed conflict and to ensure that sufficiently effective and dissuasive penalties are imposed in practice. The Committee requests the Government to provide information on the number and nature of investigations carried out against the perpetrators of these crimes, as well as on the number of prosecutions conducted, and the number and nature of penalties imposed.

Articles 6 and 7(2)(a) and (b). Programmes of action and effective time-bound measures for prevention, assistance and removal. Children forcibly recruited for use in armed conflict. The Government indicates that it signed a roadmap to end recruitment and use of children in conflict, in 2019.

The Committee notes that, in its report of March 2020 on Children and armed conflict in Somalia, the UN Secretary-General specified that this roadmap, aiming at accelerating the implementation of the action plans of 2012 on preventing and combating the recruitment and use and the killing and maiming of children, includes renewed commitments to strengthening the legislative framework, to capacity-building and awareness-raising for security forces, and to the screening of troops. The roadmap also provides for the creation of regional working groups on children and armed conflict, in order to implement the action plans at the Federal member State-level (S/2020/174, paragraphs 65 and 69). The Committee notes that the United Nations Assistance Mission in Somalia (UNSOM) specified that the roadmap to end recruitment and use of children in conflict details measures to release children associated with armed forces, and reintegrate them into their communities.

The Committee further notes that the UN Secretary-General indicated in its report of March 2020 that the Government was drafting a national strategy aimed at preventing child recruitment and facilitating the release and reintegration of children associated with armed groups, and a national strategy on assistance to victims aiming at supporting survivors of armed conflict, including children affected by conflict (S/2020/174, paragraph 67).

According to the report of the Government to the Committee on the Rights of the Child of October 2019, the National Programme for the Treatment and Handling of Disengaged Fighters focuses on outreach, reception, screening, rehabilitation and reintegration of children previously engaged in conflict (CRC/C/SOM/1, paragraph 362). However, according to the Report of the Secretary-General on Children and armed conflict of June 2020, 236 children were detained in 2019 for alleged association with armed groups by national and regional security forces (A/74/845-S/2020/525, paragraph 138). The Committee urges the Government to take the necessary measures to ensure that children removed from armed forces or groups are treated as victims rather than offenders. It also requests the Government to provide information on the adoption and implementation of the above-mentioned national strategies to prevent child recruitment, facilitate the release and social reintegration of children associated with armed groups, and assist them, including any special attention that has been paid to the removal, rehabilitation and social integration of girls. Furthermore, the Committee requests the Government to provide information on the manner in which the National Programme for the Treatment and Handling of Disengaged Fighters has been applied to children recruited in armed groups and the armed forces.

Article 7(2). Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Government indicates that the restoration of free education is one of its priorities. It has provided opportunities for free schooling in some regions, adding that 22 free schools have been established in the country. The Government wishes to implement programmes to enable more children to return to school.

The Committee notes that, according to the Social Protection Policy, there are low school enrolment rates throughout the country, and girls’ enrolment rates are significantly lower. Almost 47 per cent of children from 6 to 17 years of age are not enrolled in school. In 2015, the primary school net attendance rate was estimated at 21 per cent for girls and 30 per cent for boys (page 7). The Federal Government of Somalia, together with the World Food Programme, is implementing a school feeding programme covering more than 20 per cent of primary schools across the country. In the Federal member States, school feeding is carried out in partnership with the Ministry of Education (page 15). It improves children’s school attendance and food security (page 34).

The Committee also notes that the National Employment Policy of 2019 states that the National Education Policy and the National Education Sector Strategy Plan are essential in revising the education system, which was completely destroyed by the conflict (page 7). The National Employment Policy indicates that the private sector is the largest provider for education (page 10).

The Committee further notes that the report of the World Bank Group of August 2019 underlines that Somalia’s allocations to education as share of the national budget are about 1 per cent. The Federal member States also spend little of their own resources on education (page 32).

In its report on Children and armed conflict of June 2020, the UN Secretary-General stated that, with 64 attacks on school in 2019, Somalia has one of the highest numbers of attacks of school. Incidents included the abduction of teachers and pupils, the killing of and threats against teachers, and the destruction and looting of facilities (A/74/845-S/2020/525, paragraph 141). Considering that education is key in preventing children from the worst forms of child labour, the Committee strongly encourages the Government to continue to take the necessary measures to improve access to free basic education of all children, including girls. It requests the Government to continue to provide information on the progress made regarding access to free basic education, including on the implementation of the National Education Policy and the National Education Sector Strategy Plan. The Committee also requests the Government to provide information on the school enrolment, attendance and completion rates at primary and secondary level, as well as on the school drop-out rates.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.