No More Whitewashing: Somalia must uphold Constitution and International norms in forming human rights commission

The Somali Journalists Syndicate (SJS) expresses deep concern over the Somali president’s office attempting to establish a puppet National Human Rights Commission (NHRC) through a non-transparent, unconstitutional, and politically manipulated process that blatantly contravenes both Somalia’s Provisional Constitution and international human rights standards.

If left unchallenged, this move risks enabling the whitewashing of grave human rights violations across the country.

On Saturday, 31 May 2025, SJS observed media reports indicating that the Minister of Women and Human Rights had began the selection of the members of the yet-to-be-formed NHRC. This body, according to the Provisional Constitution, is to be established by the Federal Parliament, not by the President’s Office or a cabinet minister.

It is deeply concerning that Minister Khadija Mohamed Al-Makhzoumi, acting under instructions from President Hassan Sheikh Mohamud, proceeded this process without transparency and legal clarity thereby violating both national laws and international norms.

SJS reiterates the urgent need for a genuinely independent National Human Rights Commission, as articulated in Article 41 of the Provisional Constitution, which states: “The Federal Parliament shall establish a Human Rights Commission that is independent of State control, and has adequate resources to carry out its functions effectively.”

The Constitution also states what functions this commission is going to undertake and it states “The functions of the Human Rights Commission (NHRC) shall include the promotion of knowledge of human rights, setting implementation standards, monitoring rights violations, and investigating alleged abuses.”

In addition, Law No. 18 of 2016, enacted on 14 August 2016, provides the legal framework for the Somalia National Human Right Commission, emphasizing its “independence from government control, transparency, and autonomy in decision-making.”

Contradictions in the Current Process

Despite these clear legal provisions, the current process was initiated by President Hassan Sheikh Mohamud, through Minister of Women and Human Rights, Khadija Al-Makhzoumi, without any legal basis or public participation. Individuals—many with ties to government ministries or personal connections to top officials—were invited for a so-called examination, without a publicly announced or merit-based selection procedure.

This is not the first irregularity. In December 2023, the same ministry sent emails calling for NHRC applications via email (seen by SJS) and has been reported by the media. However, many qualified applicants reported receiving no response. Later, they discovered through the media that certain individuals had already been selected without public vetting or due process.

Why is the government pushing this now?

Somalia has never had an independent national human rights commission. For years, federal authorities in Mogadishu have delayed or resisted the establishment of a credible NHRC. The process has been plagued by political interference, lack of transparency, and non-compliance with constitutional and international obligations.

This move comes at a time of intense political instability and fragmentation in Somalia. The federal government’s relations with Puntland and Jubaland have deteriorated. Meanwhile, unilateral constitutional amendments and electoral reforms are being pushed forward by President Hassan Sheikh’s administration. Simultaneously, attacks on journalists, human rights defenders, and civilians by both the government and Al-Shabaab have increased.

Establishing a government-controlled NHRC in this volatile context would not serve justice—it would only legitimize repression, whitewash abuses, and shield violators from accountability.

SJS reminds the Somali government—particularly the Ministry of Women and Human Rights and President Hassan Sheikh Mohamud—that the NHRC must be formed in line with international norms, notably the Paris Principles, adopted by the UN General Assembly in 1993, and reinforced by the Kigali Declaration (2003) of the African Union.

The Paris Principles emphasize:

Transparent and participatory selection processes involving civil society, academia, and human rights organizations.

Merit-based selection of the commission members grounded in integrity and commitment to human rights.

Public calls for applications, background checks, and open vetting. Independent, pluralistic selection committees free from political influence.

Parliamentary oversight and legal grounding to ensure independence and legitimacy.

Similarly, the African Commission on Human and Peoples’ Rights (ACHPR) Resolution 31 requires that NHRIs: (a) Be established by constitutional or legislative mandate; (b) Be independent of government control; (c) Have a broad, actionable mandate, including powers to investigate, report, and recommend action; (d) Be financially autonomous.

What we witnessed on Saturday in Mogadishu stands in direct violation of all these standards. SJS calls on the Federal Government of Somalia to immediately halt the ongoing process and restart the formation of the NHRC in full compliance with Article 41 of the Provisional Constitution and international standards.

SJS makes the following recommendations:

The Somali government must reform the election process and ensure it is legally grounded, publicly communicated, and free from political interference in any form.

As requires by the Constitution, the Parliament must establish an Independent Selection Committee and include credible and trustworthy representatives from civil society, minority groups, academia, and legal experts with clean background.

The Parliament must ensure transparent vetting and appointment procedures, and base appointments on objective, merit-based criteria with public oversight.

The federal government must guarantee NHRC independence and the commission must operate free from government control or political manipulation.

The Parliament must ensure oversight to ensure that all appointments must be reviewed and confirmed by the Federal Parliament following broad consultations with civil society.

The selection committee must prevent rights abusers from involvement in the committee and individuals implicated in human rights violations must be barred from participating in the selection process or serving on the commission.

SJS Call to Somali Civil Society

SJS urges independent Somali civil society organizations to take a proactive role in advocating for a credible, inclusive, and transparent NHRC formation process. Somalia deserves a national human rights institution that defends victims and holds all actors accountable, including the state.

SJS Call to the International Community

SJS also call on international partners, and development organizations to closely monitor this process and ensure that any support provided aligns with international human rights standards and promotes a genuinely independent NHRC.

This flawed process of the selection of the National Human Rights Commission can and must be corrected. SJS affirms that a credible, independent National Human Rights Commission is far better than a politicized, government-controlled one. Somalia needs an National Human Rights Commission that protects the rights of its people—not one that enables impunity,” said SJS Secretary General, Abdalle Mumin.