Terrorism and instability: "critical moment" for Somalia, says rapporteur

The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Saul, conducted an official visit to Somalia from 10 to 20 May 2025 to assess the consistency of Somalia’s counter-terrorism laws, policies and practices with international human rights law, humanitarian law and refugee law.

“I recognise the extensive efforts by the Somali authorities to prevent terrorism, through a comprehensive strategy combining law enforcement, military operations, combating violent extremism and addressing the root causes of terrorist recruitment,” Saul said in a statement at the end of an official visit to the country.

“I also acknowledge Somalia’s severe security and resource constraints.” Saul noted with concern that Somalia has adopted excessive and overbroad terrorist definitions and offences, as well as expansive intelligence and security powers that could compromise fundamental human rights.

He warned that some terrorism offences attract the death penalty even when they do not involve intentional killing, as required under international law.

During his visit, the expert received reports of arbitrary arrests, protracted pre-trial detention, lack of legal representation, possible enforced disappearance, excessive use of force, and ill-treatment in detention.

Absence of fair trial safeguards and insufficient prison conditions

“I am deeply concerned about widespread violations against children in armed conflict, including killings, maiming, forced recruitment, sexual and gender-based violence, and trafficking,” the Special Rapporteur said. Saul said he was particularly concerned about the use of military courts to try terrorist suspects, which lack sufficient independence and fair trial safeguards.

“Prison conditions also do not meet international standards,” he said. The Special Rapporteur acknowledged achievements of military operations against terrorist groups, but said he was concerned that military forces lacked the necessary rules, procedures and accountability mechanisms to prevent, prosecute and remedy violations.

He also expressed deep concern over the use of clan militias alongside the military, in the absence of a legal framework to safeguard human rights.

The Special Rapporteur urged Somalia, with international support, to establish and adequately resource rehabilitation and reintegration centres and programmes for individuals who disengage from Al-Shabab, including women survivors of sexual and gender-based violence.

Wide-ranging consequences for civil society

He warned that countering terrorism financing laws risked impeding the delivery of independent and impartial humanitarian relief to vulnerable civilian populations in acute need.

“Counter-terrorism laws are also adversely affecting the freedom of the media to report on security matters and restricting and chilling the human rights work of civil society organisations,” Saul said.

“I encourage Somalia to establish independent and effective oversight and accountability mechanisms for all counter-terrorism actors, redouble efforts to address root causes, pursue conflict resolution and peace-making, strive for inclusive and participatory governance, and combat corruption, poverty and discrimination against minorities.”

He encouraged international partners to maintain political and financial support for Somalia, in the face of devastating recent funding cuts by some donors.

“This is a critical moment for Somalia,” he said. “Sustained international engagement is essential to support national efforts to build lasting peace, strengthen rule of law, and protect human rights while countering terrorism.”

The Special Rapporteur will present a detailed report on his findings to the UN Human Rights Council in March 2026.