Somalia’s 10th Human Rights Commission appointment faces legal challenge
MOGADISHU (Somaliguardian) – Somalia’s federal government on Thursday appointed a 10th member to the country’s Independent Human Rights Commission, a move that has sparked concerns among legal and governance observers who argue the decision may conflict with the commission’s founding law. Among those questioning the appointment is Somali political and security analyst Samira Gaid, who said the announcement raises significant constitutional and legal concerns under the Independent Human Rights Commission Establishment Act of 2016.
“This announcement of the appointment of a new member to the Independent Human Rights Commission raises a few serious questions under the Commission’s own Establishment Act (2016),” Gaid said. According to Gaid, Article 7 of the law limits the commission’s members
The analyst further pointed to Article 18(3) of the Establishment Act, which outlines the procedure required to fill any vacancy within the commission.
“And thirdly and most importantly, Article 18(3) requires any vacancy to be filled ‘in accordance with this Act’ – open competition, an interim selection committee, Council of Ministers, and House of the People approval, then the oath before Parliament,” Gaid stated. She questioned whether the newly appointed member had undergone the same process as previous commissioners.
“Did this member go through the same process as the others? Where was this advertised?
Has the cap been exceeded?” she asked. Gaid also questioned whether the appointment was made to fill an existing vacancy, noting that the law only permits replacements when a seat becomes vacant.
“Secondly, the Act permits a replacement only where a seat is vacant. If a member left or passed on, when and where was that announced?” she said.
Are we still pretending everything the regime does is above board?” she asked. The development has renewed debate over compliance with legal frameworks governing Somalia’s independent institutions and the transparency of public appointments. Contact us: [email protected]
