Somalia: constitutional proposals put children’s rights at risk, thus facilitating early marriages and already widespread female genital mutilation

ROMA – “Somalia’s Parliament should reject any proposed constitutional amendment that would weaken the protection of children’s rights.” This is stated in a document released by Human Rights Watch. Last Saturday, in fact, both houses of Parliament voted on the proposed amendments, which – in effect – would reduce the age limit of majority – increasing the risk of early marriage and lowering standards of juvenile justice – and possibly allow some forms of mutilation female genitalia. “The Somali Parliament should resist attempts to weaken constitutional protections for children, especially girls,” said Laetitia Bader, deputy Africa director of Human Rights Watch.

The work of revising the Constitution. Somalia’s 2012 interim constitution has been under revision for nearly a decade, but efforts to finalize the revision have picked up since late 2023. In February, the Independent Commission for the Review and Implementation of the Constitution sent to Parliament suggested amendments to the first four chapters of the provisional constitution, which includes articles on the age of majority and the criminalization of female genital mutilation.

Only anyone under 15 years of age is a child. According to the Interim Constitution of Somalia, a child is defined as a person under the age of 18 years. The proposed amendment states that the term child “refers to a person under the age of 15 years of maturity while the age of responsibility is 18 years, as defined in the law of the Federal Republic of Somalia”. Adopting this standard would be contrary to Somalia’s obligations under the United Nations Convention on the Rights of the Child, which defines a child as anyone under the age of 18.

Exposure to the risk of genital mutilation. The proposed amendment to set the age of “maturity” at 15 would expose girls in particular to a greater risk of early marriage, which affects their health, in particular their reproductive health, their access to education and their protection from other forms of abuse. Girls Not Brides, an international group working to prevent child marriage, reported that 17 percent of girls in Somalia were married before the age of 15, and 36 percent by 18. The proposed changes also include physical development as a determining factor for the majority of a person. This is contrary to international standards, which call on governments to determine the competence of adults based on “emotional, mental and intellectual maturity” and not physical maturity.

The proposed amendments. They distinguish the age of maturity of 15 from an age of responsibility of 18, suggesting that all children under 18 would remain protected by juvenile justice standards. However, in practice, this new age of majority risks reinforcing existing ambiguities in Somali law regarding the age of majority, which could increase children’s vulnerability, he said Human Rights Watch. Children in Somalia have long been subject to arrest, detention and prison sentences as adults, including in capital cases.

Children treated like adults. During the first term of President Hassan Sheikh Mohamud, Human Rights Watch found that authorities across Somalia had treated boys suspected of affiliation with the armed Islamic group Al-Shabab as adults, in violation of international law. Intelligence agencies threatened, beat, and in some cases tortured boys in custody. Military courts also tried children as adults.

Concerns related to constitutional changes. The proposed constitutional changes also raise concerns about other harmful practices, such as female genital mutilation (FGM). The United Nations Children’s Fund (UNICEF) reported that Somalia has one of the highest rates of FGM in the world, with 99% of girls and women aged between 15 and 49 having undergone FGM. excision of the genitals.

The ambiguities contained in the Charter. Somalia’s provisional constitution is ambiguous regarding female genital mutilation. It states that: “Female circumcision is a cruel and degrading customary practice and amounts to torture. Circumcision of girls is prohibited.” However, the provision does not define female circumcision, which may or may not be interpreted to mean female genital mutilation.