MOGADISHU, Somalia 2 June 2025 – The Somali Journalists Syndicate (SJS) recently voiced profound apprehension regarding attempts by the Somali president’s office to hastily create a National Human Rights Commission (NHRC) in a manner lacking transparency and constitutional legitimacy. This process raises crucial questions about its adherence to both Somalia’s Provisional Constitution and international human rights standards.
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Imagine the consequences: unchecked, this maneuver threatens to bury severe human rights violations across the nation under a facade of legality. Consider the future implications for Somalia, a nation already grappling with numerous challenges.
On 31 May 2025, SJS noted with alarm that the Minister of Women and Human Rights had started selecting members for this proposed NHRC. According to the Provisional Constitution, this responsibility unambiguously belongs to the Federal Parliament—not the President’s Office or any minister. Isn’t it troubling when procedures meant to ensure fairness and justice are bypassed?
The actions of Minister Khadija Mohamed Al-Makhzoumi, seemingly following directives from President Hassan Sheikh Mohamud, lack the transparency and legal grounding essential for such significant decisions. It violates both national laws and globally accepted norms.
SJS emphasizes the critical need for a truly independent Human Rights Commission. Article 41 of the Provisional Constitution explicitly states, “The Federal Parliament shall establish a Human Rights Commission that is independent of State control, and has adequate resources to carry out its functions effectively.”
The Constitution further elucidates the commission’s roles, which include promoting human rights awareness, setting standards for implementation, monitoring violations, and investigating alleged abuses.
Moreover, Law No. 18 of 2016, enacted on 14 August 2016, builds the legal structure for Somalia’s NHRC, underscoring its “independence from government control, transparency, and decision-making autonomy.”
Contradictions in the Current Process
Despite these clear guidelines, the current initiative by President Hassan Sheikh Mohamud and his Minister undermines constitutional mandates, lacking legal rationale and public participation. Shockingly, individuals with governmental affiliations or connections with officials have been invited to participate without a public or merit-based selection process. Is this the kind of process that builds trust?
This isn’t an isolated incident. Back in December 2023, the ministry had urged NHRC applications via email, yet many qualified applicants were met with silence, only to later learn through media channels that selections had secretly been made, bypassing public vetting. These actions echo a concerning pattern of exclusion and opacity.
Why Push Now?
Somalia has yet to establish an independent national human rights commission. Efforts for a credible NHRC have been consistently sidetracked by political meddling, lack of transparency, and non-compliance with constitutional and international standards.
Amidst Somalia’s escalating political instability, characterized by fraught relations with Puntland and Jubaland, unilateral constitutional amendments, and an upsurge in assaults on journalists and civilians, any attempt to create a government-controlled NHRC will merely cloak injustices and shield wrongdoers.
SJS reminds the Somali government—particularly the Ministry of Women and Human Rights and President Hassan Sheikh Mohamud—that establishing the NHRC must align with international standards, notably the Paris Principles, adopted by the UN General Assembly in 1993, and the Kigali Declaration (2003) endorsed by the African Union.
The Paris Principles Highlight:
- Inclusive selection involving civil society and human rights organizations.
- Merit-based selection characterized by integrity and a commitment to human rights.
- Public applications, robust background checks, and open vetting.
- Independent and pluralistic committees, free from political sway.
- Parliamentary oversight to ensure genuine independence.
The African Commission on Human and Peoples’ Rights (ACHPR) Resolution 31 emphasizes that NHRIs should be established by constitutional or legislative mandate, remain independent, possess a wide mandate, and have financial autonomy.
What unfolded on 31 May in Mogadishu violates all these benchmarks. SJS urges Somalia’s Federal Government to promptly suspend the current process and restart in compliance with Article 41 of the Provisional Constitution and international criteria.
SJS Recommendations:
- Somali authorities must revise the election procedure to be legally grounded, publicly accessible, and immune to political influence.
- Parliament must form an Independent Selection Committee, incorporating credible representatives from civil society and diverse groups.
- Transparent appointment protocols should be maintained, focused on merit, and subject to public scrutiny.
- The government must guarantee the NHRC’s independence, devoid of governmental meddling.
- Parliament must conduct oversight to ensure all nominations receive broad consultative agreement.
- Prevent rights violators from being part of the commission or the selection process.
SJS Calls to Action:
SJS encourages Somali civil society organizations to proactively advocate for an inclusive and transparent NHRC formation process. This is essential for promoting justice and accountability.
SJS further appeals to international partners to ensure that any support aligns with global human rights standards and fosters true independence.
“This flawed process of creating the National Human Rights Commission can and must be corrected,” asserts SJS Secretary General, Abdalle Mumin. “A credible, independent NHRC is far superior to a government-controlled one. Somalia needs a Commission that champions the rights of its people, not one that perpetuates impunity.”
Edited By Ali Musa
Axadle Times International – Monitoring.
