A comparative review of Somalia’s controversial Sexual Offences Bill

[Deeq A.]

Introduction.

A series of amendments made to the Sexual Offences Bill 2018 – which were tabled in the federal parliament in August 2020 as a new parliamentary bill entitled Sexual Intercourse and Related Offences – has become the subject of much controversy and public confusion. Women’s leaders and some civil society actors have said the new bill undermines the legal protection of women and girls from rape, sexual abuse and violence, and promotes child marriage. They have said certain provisions contravene the Somali federal constitution and international human rights law.

Public utterances around the issue have been highly charged. Many people, often on social media, claimed that the original Sexual Offences Bill perpetuates immorality and encourages homosexuality. These critics referred specifically to Article 4 of the bill that says: rape occurs when anyone (i) intentionally inserts anything into the vagina, anus, or the sex organ of another person; (ii) the other person does not agree to it. There remains much room for misunderstanding given that the content of either bill has not been widely shared. In addition, Somalia has seen a worrying rise in sexual violence and the legislation will have a major impact on shaping society in the future. This analysis aims to clearly explain the complexities and ramifications of both bills.

The Sexual Offences Bill 2018

The Sexual Offences Bill was submitted to the Council of Ministers in mid-2017 by the federal Ministry of Women and Human Rights. The cabinet approved the bill in May 2018. The bill was submitted to the House of the People of the Somali Federal Parliament, but was never tabled in parliament and was therefore not debated or adopted.

The current Speaker of the House of the People, Mohamed Mursal, stated in parliament in September 2020 that a parliamentary committee together with Somali religious scholars and lawyers had reviewed and corrected the original bill and called on the Minister of Women and Human Rights to re-submit it to the Council of Ministers for approval. He added that the standing committee of the House of the People had convened and proposed taking the lead in overhauling the bill to present a new draft. The Speaker said that he discussed the subject with former Prime Minister Hassan Ali Khaire who suggested that parliament could decide the fate of the bill. The new bill was tabled in Parliament for deliberation in August 2020, meaning that Parliament had effectively opted to replace the original Sexual Offences Bill. Read more

Source: Somali Public Affairs

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