Juvenile Laws at Somalia
Somalia's juvenile justice system is currently undergoing significant reforms aimed at aligning with international standards and enhancing the protection of children's rights.
Recent Legislative Developments
Child Rights and Juvenile Justice Bills: In August 2023, Somalia's Council of Ministers endorsed the Child Rights Bill and the Juvenile Justice Bill. These bills aim to ensure access to education, healthcare, protection from exploitation, and a nurturing environment for every child. They also provide for fair and child-sensitive treatment of children in conflict with the law, offering protection, rehabilitation, and reintegration into society.
Juvenile Justice Framework
Juvenile Crimes Unit: The Attorney General's office has established a Juvenile Crimes Unit responsible for investigating and prosecuting juvenile delinquency cases. This unit reviews, screens, and supervises cases involving children, deciding whether to prosecute, advise diversion, or direct release from detention.
Puntland Developments: In Puntland, the execution of four youths in August 2024 for offenses committed as minors raised significant concerns. Despite the Puntland Age Verification Committee's findings that these individuals were minors at the time of arrest, they were sentenced by military courts lacking specialized child justice procedures. This incident underscores the need for reforms to ensure that children are not tried in military courts and that their rights are protected.
Challenges and Implementation Gaps
Somaliland's Juvenile Justice Law: Although Somaliland passed a juvenile justice law in 2007, its implementation has been hindered by financial constraints and lack of training among law enforcement and judicial personnel. Consequently, more than half of Somaliland's police stations do not apply the juvenile justice law, leading to arbitrary detention and inadequate protection for children in conflict with the law.
Detention Conditions: Facilities like Mandera Prison have gained notoriety for holding juveniles for extended periods, often for minor offenses. Reports indicate that juveniles are detained with adults and subjected to arbitrary detention, highlighting the urgent need for a functional juvenile justice system and appropriate rehabilitation facilities.
International Concerns
Military Court Trials: Children accused of national security offenses are sometimes tried in military courts, which lack child-sensitive procedures. Basic due process rights, including access to legal counsel and protection from coerced confessions, are frequently violated. This practice is detrimental to the safety and well-being of children and violates Somalia's international human rights obligations.
Child Protection in Armed Conflict: Children associated with armed groups are often treated as perpetrators rather than victims. Advocacy efforts are ongoing to ensure that these children receive appropriate protection, rehabilitation, and reintegration support, in line with international standards.
In summary, while Somalia has made progress in developing legislation to protect children's rights and establish a juvenile justice system, significant challenges remain in implementation and enforcement. Ongoing efforts are needed to ensure that these laws translate into effective protection and rehabilitation for children in conflict with the law.
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