UN Calls for Urgent Review of Somalia’s Counter-Terrorism Laws

Amidst the backdrop of Somalia’s complex socio-political landscape, Ben Saul, the UN Special Rapporteur on human rights while combating terrorism, embarked on a significant tour from May 10 to May 20, 2025. His mission was to scrutinize Somalia’s counter-terrorism laws, ensuring they align with international norms covering human rights and humanitarian concerns.

Reflecting on the visit, Saul remarked, “The Somali authorities have been proactive. Their strategy involves not just law enforcement, but military operations, counter-extremism, and tackling the underlying factors leading to terrorism.” This shows a multifaceted approach. However, as in many contexts, not all is perfect or straightforward.

Despite acknowledging the strides made by Somalia, Saul expressed unease about how excessively broad these efforts have become. He noted, “Some definitions and offences are so expansive that they might infringe upon basic human rights.” His concern deepens when addressing the death penalty imposed without preconditions of intent to kill—clearly at odds with international law.

Stories of arbitrary arrests have emerged, painting a vivid picture of the judicial challenges. Many individuals are in lengthy pre-trial detentions without legal aid. Such instances prompt us to reflect: What happens when justice is delayed, or worse, denied?

Challenges with Military Courts and Prison Conditions

Analyzing the treatment of children involved in conflicts, Saul’s findings are troubling. Issues such as killings, maiming, forced recruitment, and even trafficking paint a dire picture. “The employment of military courts for trying terror suspects, with their lack of independence, is deeply concerning,” Saul emphasized.

The conditions in prisons also came under fire. “They fall short of international standards,” declared Saul. While acknowledging the military’s effectiveness against terrorist factions, he flagged the absence of robust accountability measures. Furthermore, the reliance on clan militias without a clear legal framework for human rights is risky.

Just imagine the challenges faced by someone exiting a group like Al-Shabab, particularly women who have survived haunting ordeals. Saul strongly urged the development of well-resourced rehabilitation centers for such individuals, calling for global support.

Impact on Civil Society and Media Freedoms

Somalia’s counter-terrorism financing laws pose potential dangers. Saul worries they might obstruct crucial humanitarian aid to those in dire need. “These laws,” he explained, “are restricting media freedom and discouraging human rights organizations.” This brings forth a pressing question: how do we balance security needs with the preservation of civil liberties?

Urging for robust oversight mechanisms, Saul encouraged Somalia to tackle root causes of conflict. “Inclusion and good governance can combat poverty, corruption, and discrimination,” he said, painting a path forward that requires substantial effort and dedication.

Sustained international collaboration is critical. With recent funding cuts from some quarters, Somalia stands at a crossroads. Saul’s words resonate: “This is a critical moment for Somalia. Continuous global support is vital to cement peace, bolster the rule of law, and affirm human rights while countering terrorism.”

The journey ahead is undeniably challenging, but with concerted efforts from global partners, there lies hope for a stable and prosperous Somalia. Saul’s detailed findings will soon be presented to the UN Human Rights Council come March 2026, setting the stage for international dialogue and action.