A/HRC/18/48
93.
The Government should bear in mind that accountability for civilian casualties
in the context of the armed conflict and for loss of life resulting from the excessive use
of force is critical for the proper respect of human rights and humanitarian law.
While war and conflict are a serious impediment to credible investigations, it is
necessary to at least establish mechanisms that strengthen the commitment of the
Government and start the process. The mechanisms should be credible, transparent
and impartial, in keeping with applicable international law.
94.
The Government must adopt a strong human rights-based approach to security
sector reform, with a particular focus on the identification of cases of violence against
women, protection of victims and evidence-gathering. At the same time, it is vital that
permanent, effective mechanisms are established to hold the perpetrators of such
egregious violations, be they members of the armed forces, rebels or regular citizens,
fully accountable.
95.
The Somali authorities at the national and subnational levels should consider
establishing police stations near the camps for internally displaced persons, including
women’s desks staffed by female police officers.
96.
The Transitional Federal Government should set up a fool-proof system to
ensure that its policy of not recruiting children into the Somali national forces is
strictly enforced by all concerned and the age limit is fully respected through
strengthened vetting processes. The Government, together with AMISOM, must
publicize its policy of zero tolerance on the use of children in armed conflict as often
and as widely as possible, and ensure its strict observance with the support of
UNICEF, under the oversight of a multipartite commission.
97.
The Transitional Federal Government should take the measures necessary to
stop all attacks against journalists and media organizations, and empower media
workers to make their contribution at this critical juncture of the transition process
and constitution-making. Media workers should behave professionally and abide by
the ethics and principles governing freedom of expression and opinion.
98.
The Government should launch a national awareness campaign on the situation
of Somali women, and consider setting up specific funding channels to support local
organizations involved in the protection of women’s rights and to provide assistance to
victims of sexual and gender-based violence and discrimination.
99.
The Government should consider inviting refugees from camps in neighbouring
countries with the necessary background to return home to help in its efforts to open
schools and hospitals, as foreseen in the Prime Minister’s vision of opening one school
and one hospital a month in south-central Somalia.
100. The independent expert commends the Prime Minister’s expressed wish that
Transitional Federal Government forces should gradually take over the protection of
Somali institutions and citizens, bearing in mind that Somalia cannot depend for ever
on AMISOM to ensure its security.
101. The Transitional Federal Government should take all measures necessary to
address the lack of effective command and control structures and poor discipline
among some Government troops, which have resulted in recurring violence.
102. While all parties to the conflict should respect their obligations under
international humanitarian law and human rights law, the Transitional Federal
Government should take the lead. All those who perpetrate abuses against the civilian
population, in transgression of such obligations, should be held accountable in a
timely and transparent manner.
18
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