Somalia, 4 October 2025 – The Ministry of Family and Human Rights Development today issued a statement clarifying Somalia’s stance on the African Charter on the Rights and Welfare of the Child, following parliament’s recent approval of the treaty.
The ministry underlined that while Somalia supports children’s rights, Islamic teachings and the national constitution take precedence over international commitments, adding that provisions of the charter that contradict Islamic law will not apply in the country.
Key Clauses Rejected:
• Freedom of Religion (Article 9): Somali children are Muslims, and the right to change religion will not be recognized.
• Privacy of the Child (Article 10): Parental authority remains paramount, and no external body can override it.
• Marriage Age (Article 21a): The charter’s blanket ban on marriage under 18 conflicts with Islamic law, which permits marriage based on religious criteria rather than age.
• Adoption (Article 24a): Somalia will not recognize adoption in the Western legal form but will uphold kafaalah (custodianship) in line with Islamic practice.
• Definition of Adulthood (Article 2a): The charter fixes adulthood at 18, but Somalia applies Islamic definitions of maturity.
Official Statement
“Our religion and constitution are the foundations of all laws in Somalia. Clauses that contradict Islamic teachings cannot be implemented,” the ministry said in today’s statement.
Broader Context
The clarification comes amid a passionate debate after parliament endorsed the African Charter, with sections of the public voicing concern about provisions perceived as incompatible with Somali society.
By issuing today’s statement, the government sought to reassure the public that Somalia’s sovereignty and religious values will remain central in implementing international agreements.
