6. This submission focuses on issues relating to the right to nationality, statelessness and birth
registration in Somalia. This submission also looks at these issues in Somaliland.
7. Somaliland is located in the north of Somalia and is regarded internationally as a breakaway
region that is part of the Somali state. Although it is not internationally recognised as a separate
state, it has laws and policies which have a direct and immediate impact on the local people. As
Somaliland is an unrecognised state, it does not come formally under review during the UPR
process; however, there has been recognition during a previous UPR that cooperation is needed
between Somalia and Somaliland for fulfilment of various recommendations (see para. 10
below), in order to protect the human rights of the those living on the territory.
8. This draft therefore considers the following issues:
I.
II.
III.
Discrimination in the Nationality Law
Child’s Right to Nationality and birth registration
(Risk of) Statelessness in Somaliland
Previous UPR of Somalia under the First and Second Cycle
9. Somalia was previously reviewed during the first and second cycles of the UPR, in 2011 and 2016
respectively. Recommendations for Somalia during the first cycle can be summarised generally
into the categories of human rights (general), gender discrimination and gender-based violence,
rights of children and seeking international assistance. Most of the recommendations were
general in nature.
10. Somaliland does not directly participate in the UPR review process. Somaliland has not received
any direct recommendations during the first and second cycle; however, Somaliland has been
referred to several times in recommendations during the first cycle, with recognition that close
cooperation is needed between Somalia and Somaliland, in order to promote and protect human
rights for all.3 For example, Switzerland recommended Somalia to:
“Create, in close cooperation with […]“Somaliland”, institutions and mechanisms
charged with promoting respect for human rights, recognizing the challenges this
imposes”.4
In 2015, a group of Somaliland civil society organisations submitted a separate report covering
the situation of Somaliland to ensure the unique situation, conditions and human rights of the
people living in the territory are also considered under the UPR.
First Cycle
11. During the first cycle, Somalia received a number of recommendations on treaty ratifications.
Numerous states recommended for Somalia to sign and ratify the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW), within which Article 9 obliges States
3
4
Report of the Working Group on the Universal Periodic Review: Somalia, A/HRC/18/6 (11 July 2011).
Report of the Working Group on the Universal Periodic Review: Somalia, A/HRC/18/6 (11 July 2011), recommendation 98.44.
2