Transcript of discussion of the report of the Independent Expert on the situation of human rights in Somalia,

The Human Rights Council this morning discussed the reports of the Independent Expert on the human rights situation in Somalia, Ghanim Alnajjar, and of the Personal Representative of the High Commissioner on the situation of human rights in Cuba, Christine Chanet.

The Council has before it a report (A/HRC/2/CRP.2) entitled report of the Independent Expert on the situation of human rights in Somalia, which states that between March 2005 and February 2006, Somalia appeared to take another tentative step forward on the perilous road to peace and security. Following the political progress made last year with the establishment of the Transitional Federal Government (TFG) and the Transitional Federal Parliament (TFP), and after several months of political wrangling over safe relocation of the government, the year 2006 began with the signing of the Aden Declaration on 5 January by President Abdullahi Yusuf Ahmed and the Speaker of the Transitional Federal Parliament, Sharif Hassan Sheikh Aden. The Declaration was followed by the convening of the first session of the Transitional Federal Parliament inside Somalia, in Baidoa on 26 February 2006.

Nevertheless, in the period covered by the report, Somalia was still generally characterized by widespread insecurity, extrajudicial killings, arbitrary arrests and detention, threats to press freedoms, violations of the human rights of women and children and infringements on economic, social and cultural rights.

The humanitarian situation in Somalia is also still a cause for serious concern with over 2 million people, mostly in south and central Somalia, in need of urgent humanitarian assistance due to the severe drought in the country and the sub-region. Although some Gu spring rains eventually arrived, they were insufficient to overcome the problem, and Somalia is likely to remain in a drought crisis for the foreseeable period. The United Nations has launched a revised consolidated appeal for
$326.7 million to address this emergency, however humanitarian assistance is often blocked from reaching vulnerable populations due to the lack of security. This serious humanitarian situation can also undermine political gains if it is not contained in a timely manner.

Presentation of the Report on the Situation of Human Rights in Somalia

GHANIM ALNAJJAR, Independent Expert on the situation of human rights in Somalia, said over the past six months, Somalia had witnessed a number of significant and rapid developments on the political and security fronts, many of which had serious implications for the human rights of Somalis. Two weeks ago, the African Union had agreed to send 8,000 peace-keeping forces to Somalia to support the Transitional Federal Government (TFG) and to help stabilise the country. The outcome of the talks in Khartoum were welcomed, and further progress was urged in the next round of talks, scheduled to take place on 31 October. These positive talks were not enough - the initiatives should be moved along and supported by more engagement from the international community in order to further consolidate peace-building efforts.

It did appear as though there was an apparent calm in the areas controlled by the ICU; however, if the international community did not engage with Somali leaders to transform this relative calm into a lasting peace, the situation would surely and disastrously deteriorate. It was also very regrettable that some of these recent developments had also caused a lot of suffering for the people: threats and attacks on the safety and security of civilians was once more a fact of life, and appeared to be escalating in terms of regularity and intensity. There had also been several targeted killings of humanitarian aid workers, human rights defenders and public figures.

In the period covered by the report, Somalia was still generally characterised by widespread insecurity, extrajudicial killings, arbitrary arrests and detention, threats to press freedoms, violations of the human rights of women and children, and infringements on economic, social and cultural rights, where the situation was still a grave cause for concern. The humanitarian situation was also a cause for serious concern with over 2 million people in need of urgent humanitarian assistance due to the severe drought in the country and sub-region. The international community should support the Somali leaders and civil society in the critical human rights work that should occur if peace and security were to prevail in Somalia, and this should include ensuring technical and financial support to strengthen civil society, establishing independent national institutions, protecting internally-displaced persons, establishing and upholding the rule of law, and protecting economic, social and cultural rights.

Interactive Dialogue on Situation in Somalia

ANN MARI FROBERG (Finland), speaking on behalf of the European Union, welcomed the report by Ghanim Alnajjar, Independent Expert on the situation of human rights in Somalia, and thanked him for drawing the attention of the international community to the situation of human rights in Somalia. The European Union was deeply concerned about the continuing tensions in Somalia and was committed to assist and engage in the process towards peace and reconciliation. The Somali peace process could only become a reality with the will and effort of the Somali people themselves, including the active involvement of civil society and women’s groups. Finland asked which measures could the international community and the Council, in particular, take to assist Somalia in the promotion and protection of human rights, in particularly in relation to minorities and internally-displaced persons. The dramatic human rights situation of women and children merited serious concern. The Somali women and girls continued to be subjected to gender-based violence, including female genital mutilation, in particular the practice of infibulations, and rape. Finland asked about steps to be taken to eradicate such phenomena.

ROBERTO VELLANO (Italy) asked the Special Rappporteur on the human rights situation in Somalia about effective measures to resolve the problem relating to internally displaced persons, who were victims of trafficking. With regard to the issue of property, which was a controversial issue, he asked the Rapporteur about the means in order to settle this problem. Concerning the judicial system, what suggestions could the Rapporteur indicate in addressing the problem of the current situation in Somalia, including the Sharia, Islamic law?

MOHAMED ZIAD DOUALEH (Djibouti) said an excellent job had been done, in particular the attention that was drawn to the critical human rights situation, which was linked to the developments in politics and security. The Independent Expert’s view that the attempted assassination of President Yusuf was a means to try to destroy the political reconciliation process was agreed with. What was necessary was for the process to not be broken off, and Djibouti wondered if the troops sent by the African Union could help with the process of dialogue, or would they be thwarted by the process.

VELIA DE PIRRO (United States) welcomed the report of Ghanim Alnajjar, Independent Expert on the situation of human rights in Somalia. It was an insightful assessment, and the United States appreciated the thoroughness in the Expert’s efforts in meeting with concerned individuals from local, regional, and state institutions, as well as a number of civil society organizations, human rights defenders, and UN teams. The United States wished to draw particular attention to the plight of internally displaced persons in Somalia. There had been slight gains in some areas, but it was important to note the unmet needs for better coordination and assistance for this population. The United States asked the Independent Expert on the impact that efforts to reform the coordination of humanitarian assistance had had in regard to the special protection needs of internally displaced persons. It also asked if the Independent Expert had any thoughts on the possibilities for better partnership and coordination among civil society organizations in the region and international organizations such as United Nations country teams.

HAMATO MUKHTAR MUSA (Sudan) said the Government of Sudan attached great importance to the situation in Somalia, which affected the whole region. The dialogue between the Islamic Courts Union and the Provisional Government of Somalia was essential to establish a lasting peace in the country. Sudan was hosting the meeting between the two parties.

Concluding Statement on the Situation of Human Rights in Somalia

GHANIM ALNAJJAR, Independent Expert on the situation of human rights in Somalia, said with regards to recent developments, the problem was that these had been very rapid, and could not be followed closely, aside from meeting people outside Somalia. However, if the international community did not engage seriously in trying to avoid real confrontation, then the situation would get worse. Somalia was in a very strategic position, and the situation could develop into a very nasty one if the international community did not engage. There should be support. Sudan was hosting the peace tasks between the ICU and the TFG, and the Government of Sudan was thanked for this. Somalia had been violated by everyone in the world - its shores and coastline had been violated by international companies with no interference. It was viewed as a security problem. Tension would continue, and there were a lot of bad things coming unless there was intervention.

Children in Somalia, aside from Somaliland, had a rate of access to education of 13%, which was unacceptable. Women also continued to suffer all practices of discrimination. As for internally-displaced persons, in honesty, when going to camps in Somalia, these were like leaving the real world, as the situation was unbelievable. It was bad, and it would be worse over the coming days. Over the last month alone, 4,200 people alone had fled to Ethiopia. Human trafficking was also a significant problem. As for land and property, there was an initiative within the Somali context, as 80 per cent of people worked in livestock, and therefore land was very important and had a social context. There would be no settlement to the situation without settlement of land.

There was a judicial and security initiative of the United Nations which trained police and judges, and this should be supported further. The decision of the African troops coming in was very sensitive, and the Special Rapporteur hoped the peace process would continue, with no need for foreign troops. There was a good deal of work with the United Nations country team, and that should be supported as much as possible. There was a great deal of cooperation between the Special Rapporteur and the team.

 

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