The Somali government has acknowledged a statement issued by United Nations human rights experts on November 12, 2026, regarding the country's judiciary. The Ministry of Justice and Constitutional Affairs has stated that it values its engagement with UN human rights mechanisms and takes the concerns raised seriously. The government reaffirms its commitment to judicial independence, the rule of law, and constitutional supremacy.
The government expressed regret that the experts did not seek clarification from the state before issuing their statement, as required by the Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council. The Code calls for an impartial assessment of facts based on reliable information, which presupposes that the state concerned is first heard. Somalia's Permanent Mission in Geneva had requested an official letter setting out key issues for discussion.
The government is undergoing a transition from the previous constitutional order to the system established under the 2026 Constitution. Not all institutions contemplated by the new constitution have yet been established, including the High Council of the Judiciary. The government views the matters raised as a constitutional and institutional question, rather than a confrontation between the executive and judiciary.
The former Chief Justice was removed from office on November 4, 2026, through a transitional process. The decision was taken within the transitional framework and is unconnected to the deliberations of the Supreme Court in the constitutional proceedings. The government does not recognize pronouncements made by the former Chief Justice after his removal as a ruling of the Court.
The Office of the State Attorney General represented the state in the constitutional proceedings before the Supreme Court. The Office raised objections concerning the jurisdiction of the Court and the claimant's standing to bring the claim. The government considers the pronouncements null and void and without legal effect.
The government notes that the pronouncements did not invalidate the 2026 Constitution. It will pursue its position through lawful and institutional means, without pressure on any judge or interference with judicial functions. The government remains open to dialogue with UN experts and encourages dialogue among all political and institutional actors.
The government is committed to stability, the rule of law, and the continued strengthening of Somalia's institutions. It will provide further information to UN experts, including a statement from the Office of the State Attorney General dated November 6, 2026. The government seeks to address concerns through constructive engagement and lawful means.
Key points
- The Somali government has reaffirmed its commitment to judicial independence and the rule of law.
- The government has expressed regret over the UN experts' failure to seek clarification before issuing their statement.
- The government considers the pronouncements made by the former Chief Justice after his removal null and void.
