Somalia's Call for Legal Reform: Addressing Gender-Based Violence

In April 2024, SAHR submitted an urgent report to the United Nations, highlighting a troubling gap in Somalia's legal framework concerning gender-based violence (GBV). This report underscores the alarming state of women’s rights in Somalia and the legal obstacles they face, especially in seeking justice for sexual violence. Despite some legislative efforts, Somalia continues to rely on outdated laws that inadequately protect women, further entrenching a culture of impunity.

The outdated Somali Penal Code and its shortcomings

Somalia’s Penal Code, dating back to 1962, defines rape narrowly, requiring victims to demonstrate extreme resistance or prove that violence or threats were used against them. This excludes many women who face coercion or exploitation from seeking justice. The law does not account for the complex power dynamics or non-violent forms of sexual assault, such as manipulation or exploitation. For instance, under the current law, many survivors of sexual violence are disqualified from legal protection, as the evidence required often hinges on physical proof like bruises, which is not always present in non-violent cases

Efforts to modernize the legal framework began in 2017, when the Sexual Offences Bill was proposed. This bill aimed to criminalize child marriage, sex trafficking, and rape, moving closer to international human rights standards. However, political resistance has stalled its enactment, leaving Somali women vulnerable to further abuse.

Introduction of the sexual intercourse related crimes bill

To make matters worse, in 2020, the Somali Federal Parliament proposed the Sexual Intercourse Related Crimes Bill. This bill dilutes the protections afforded to women by undermining the consent-based definition of rape. It lowers the age of consent and weakens the privacy rights of victims. Worse still, it permits child marriage and introduces more lenient requirements for proving sexual assault. These changes represent a significant rollback of women’s rights, further marginalizing victims of GBV​.

Structural and procedural barriers

Women in Somalia face numerous procedural hurdles when they seek justice. The courts often require corroborative evidence for rape claims, beyond the victim’s testimony. This practice is rooted in a mistrust of women's credibility and is not mandated by Somali law. Yet, judges continue to demand it, further complicating prosecutions of sexual violence.

Moreover, Somali courts permit the defense to introduce evidence of a woman’s "immoral character" without defining what constitutes immorality. This vague legal standard unfairly biases proceedings against female victims, making it even harder for them to secure justice.

Cultural and traditional obstacles

Beyond the courtroom, Somali women often face immense pressure to settle cases of GBV outside the legal system. Many families resort to traditional dispute resolution mechanisms, where clan elders mediate. However, these systems often re-victimize women by compensating male relatives instead of the survivors, or worse, forcing the victims to marry their assailants​. Such settlements, though entrenched in Somali culture, deny women justice and perpetuate a cycle of abuse.

The legal landscape in Somalia remains hostile to women, particularly in cases of sexual and gender-based violence. SAHR's report calls for immediate reforms, urging the Somali government to prioritize the adoption of the Sexual Offences Bill and abandon regressive legislative measures. The path forward requires not only legal reform but also cultural change—ensuring that Somali women are seen as credible witnesses in their own right, and that their rights to justice, dignity, and safety are upheld.

As Somalia stands at a crossroads, the world watches. Will the Somali government rise to the challenge and protect its women, or will the culture of impunity persist?