By Abdullahi Yabarow
“The law must afford adequate protection of fundamental human rights.” Lord Bingham, The Rule of Law
Farhan Jimale’s reflection on the first six months of Somalia’s National Independent Human Rights Commission describes an institution under construction. Administrative systems and procedures are necessary. But “Building Trust, Protecting Rights” must show how institutional capacity has begun to protect rights.
Three questions govern that assessment. Has the Commission established capacity to operate? Has it exercised its statutory powers? Has that exercise produced measurable protection or accountability? Farhan Jimale provides information on the first, limited information on the second, and little by which the third can be assessed.
He correctly identifies Article 41 of the 2012 Provisional Constitution and Law No. 16 of 2016 as foundations of the Commission’s authority. Its performance must also be considered against the United Nations Paris Principles. These address competence and responsibilities, composition and guarantees of independence and pluralism, methods of operation, and principles applicable to institutions exercising quasi-judicial functions. They contemplate an institution capable of considering referred matters and taking up human rights questions on its own initiative.
The issue is not whether administrative foundations were necessary. It is whether Jimale’s account shows that they have translated into independent action, particularly where allegations concern powerful state institutions.
The reflection lists investigatory powers but not their use. Confidentiality may protect complainants, evidence and continuing proceedings. It does not preclude anonymised totals or general information about complaints, inquiries, detention visits and recommendations. Farhan Jimale could have indicated how many complaints concerned eviction, detention or expression, how many inquiries remained open, and when findings might be published. The omission does not prove inactivity, but it prevents meaningful assessment. That evidence is essential to public confidence in the Commission’s independence.
Forced evictions illustrate the concern. My earlier Somali Stream article, “When the Government Becomes the Predator,” examined alleged official involvement in dispossessing internally displaced persons and denying effective remedies. Principle 18 of the United Nations Guiding Principles on Internal Displacement and General Comment No. 7 of the United Nations Committee on Economic, Social and Cultural Rights are relevant. Farhan Jimale does not indicate whether affected people were interviewed or any inquiry opened.
Freedom of expression is similarly underexamined. Journalists have reported arrest, assault and intimidation in Mogadishu and several regions. Article 19 of the International Covenant on Civil and Political Rights requires restrictions to be lawful, necessary and proportionate. The Commission visited detained activist Sadia Moalim Ali and expressed concern, yet the reflection does not say whether her conviction, reported mistreatment or restricted expression prompted a formal inquiry.
Political figures and parliamentarians have alleged that they were prevented from leaving Mogadishu or flying to their constituencies. Such claims engage liberty of movement under Article 12 of the Covenant. No assessment is reported of their legal basis or selective application.
The Southwest election and reported Galmudug electoral process generated allegations of federal interference, exclusion of credible opposition candidates and predetermined outcomes. These remain unproved but warrant impartial examination under Article 21 of the Universal Declaration and Article 25 of the Covenant. No monitoring or investigation is identified.
Jimale’s discussion of inflation affecting health care, water and utilities is relevant. Yet many Somalis face the more basic denial of accessible health care, safe water and sanitation. Economic statistics should illuminate those conditions, not displace scrutiny of alleged violations.
Farhan Jimale argues that meetings, reports or statements should not measure effectiveness. That strengthens this critique: if institutional activity is insufficient, what evidence does his reflection offer of actual protection?
Six months is too early to judge the Commission’s ultimate success. It is not too early to ask what its independence has produced. Progress should be measured by how visibly, impartially and courageously the Commission acts when rights are at risk.
“Where there is no publicity, there is no justice. Jeremy Bentham
Adv. Abdullahi Yabarow, LL.M., is a Somali legal scholar based in the United Kingdom. His research focuses on constitutional law, governance reform, institutional accountability, and state building in fragile states. He can be reached via email: abdullahiyabarow@gmail.com
