Human Rights on Hold: The Politicized Creation of Somalia’s Independent Human Rights Commission.

Human Rights on Hold: The Politicized Creation of Somalia’s Independent Human Rights Commission

The selection process of the NICHR

Executive Summary

This report critically examines the flawed and highly politicized establishment of Somalia’s National Independent Human Rights Commission (NIHRC) under the leadership of President Hassan Sheikh Mohamud. What was intended to be a milestone in upholding and protecting human rights has instead become a manipulated political tool. The selection process of its members was marred by preselection, bias, and exclusion, particularly targeting the role of civil society actors and independent human rights defenders. This analysis reveals how the NIHRC’s formation undermines the Universal Periodic Review (UPR) recommendations and ultimately threatens the legitimacy of Somalia’s human rights institutions.

Introduction

Human rights commissions play a vital role in upholding international human rights norms, monitoring abuses, and ensuring accountability. Somalia’s establishment of the National Independent Human Rights Commission was, in theory, a response to international obligations, particularly the UPR recommendations. However, in practice, the process has been compromised, casting serious doubt on the legitimacy and independence of the commission.

Politicized Preselection: Loyalty Over Merit

Evidence suggests that President Hassan Sheikh Mohamud handpicked members of the NIHRC, favoring individuals within his political orbit rather than qualified, independent human rights experts. Notably, Farhan Jimaale—a close ally and former senior state staff member—was included in the selection, reinforcing claims of cronyism and loyalty-driven appointments.

This process effectively excluded civil society organizations (CSOs), independent experts, and grassroots human rights defenders from participation. Despite public declarations of an open and competitive selection process, the criteria were neither transparent nor inclusive.

Manipulating International Support: The UN Complicity

In a disturbing development, President Hassan Sheikh is reported to have reached a covert agreement with the United Nations Office in Somalia, led by Mr. Kristian Young. The deal allegedly involved revising and “correcting” the testing mechanisms for selection, giving the illusion of procedural legitimacy while masking the actual rigging of outcomes.

This cooperation allowed the government to falsely signal compliance with international norms, appease donors, and mislead the public and stakeholders about the integrity of the process. It is a classic case of co-opting international organizations to whitewash undemocratic behavior, thereby undermining the very human rights architecture the UN purports to support.

A Pattern of Political Engineering

This episode is not isolated. It fits a broader pattern by President Hassan Sheikh’s administration of manufacturing pseudo-independent institutions to entrench power. The recent establishment of a so-called Independent Electoral Commission—whose neutrality is equally in question—suggests a calculated strategy to manipulate upcoming elections and secure a presidency extension under the guise of democratic legitimacy.

By controlling key oversight bodies, the President is laying the groundwork for a tightly choreographed and predetermined electoral outcome, nullifying the democratic aspirations of the Somali people.

Undermining the UPR Recommendations

The 2021 UPR recommendations emphasized the need for a genuinely independent and inclusive human rights commission in Somalia. By sidelining CSOs, failing to establish open consultations, and using selection criteria based on political loyalty, the Somali government has betrayed the spirit and substance of the UPR.

This betrayal should not be rewarded. Endorsement of such a process by international actors sets a dangerous precedent: that compliance with human rights obligations can be simulated rather than substantively implemented.

The Silencing of Civil Society

Civil society organizations, particularly those advocating for victims of violence, torture, and marginalization, were entirely excluded from the NIHRC selection process. Many have condemned the commission as illegitimate, noting that it neither represents the diversity of Somalia’s human rights community nor adheres to the Paris Principles that guide the formation of such institutions.

This marginalization is part of a broader effort by the state to suppress dissent, avoid scrutiny, and monopolize the narrative on rights and justice in Somalia.

Recommendations

To all international stakeholders, donors, and diplomatic missions engaged with Somalia:

1. Reject Recognition of the current NIHRC until a transparent, inclusive, and credible selection process is initiated with full participation of CSOs and human rights defenders.
2. Publicly Condemn the politicization of independent commissions and call for adherence to the Paris Principles and UPR recommendations.
3. Reevaluate UN Involvement in processes that may appear complicit in legitimizing flawed governance practices in Somalia.
4. Support Grassroots Civil Society, especially those advocating for the rights of marginalized communities, and ensure they are central to human rights monitoring and reporting efforts.
5. Link Aid and Support to tangible, verifiable improvements in institutional transparency, participation, and accountability.

Conclusion

Somalia stands at a crossroads. A genuine commitment to human rights requires more than symbolic institutions; it demands transparent processes, credible actors, and respect for civil society. The creation of the NIHRC, as currently executed, is a mockery of those principles. International partners must act swiftly to halt the legitimization of this facade and champion the real defenders of human rights in Somalia.

HANAHR Human Rights Monitoring Team