Somalia’s ratification of children’s rights convention requires institutional reform Commentary
Somalia’s ratification of children’s rights convention requires institutional reform
Edited by:

Volker Huls [Chief of Social Planning & Monitoring, UNICEF Somalia]: "The announcement by the Transitional Federal Government comes at a crucial time when more than ever children's rights are violated in Somalia as a consequence of the ongoing conflict in the country. This statement of intent gives hope that the government is taking these rights seriously, and is committed to legal and institutional reform to ensure children's rights are protected. Besides pursuing the legal process of domestic and international ratification, this requires a thorough analysis of both customary and traditional as well as codified law and practices in the country to establish conflicts with the Articles of the CRC.

The Government proposal to undertake such an analysis will be very valuable for understanding the state's obligation under the treaty. It has been the experience of UNICEF that the process of legal reform is the biggest hurdle for the realization of children's rights, and while most countries have ratified the CRC, many states parties to the treaty still are not fully
compliant with its provisions. Somalia therefore is not alone in its endeavor, and UNICEF will provide support by sharing with the government other countries' processes and experiences to facilitate the strengthening of systems that protect children's rights. In this context, the US could take similar action by declaring an intention to ratify, committing to the provisions of the CRC in principle, and then pursuing the necessary systems and legal reforms at a realistic pace.

The declaration by the Transitional Federal Government brings up the contentious issue of the self-declared Republic of Somaliland, in the Northwest of the country. It perceives itself as independent within the borders of the former Bristish Somaliland, and has every intent to pursue international recognition. In a parallel process this unrecognized entity has started to pursue the domestic ratification of the CRC, conscious of the fact that international ratification is not an option for the time
being. Instead, its government has already made steps forward in legal reform and in 2008 – with UNICEF support – put in place a Justice for Children Bill that significantly improves the situation of children in the justice system both as victims and as perpetrators. Such action is commendable and shows that in the long run implementation through legal reform and systems-strengthening is important and most effective for improving the protection of children's rights."

Opinions expressed in JURIST Commentary are the sole responsibility of the author and do not necessarily reflect the views of JURIST's editors, staff, donors or the University of Pittsburgh.