A/HRC/18/48
56.
With regard to the situation of internally displaced persons, a concern in previous
reports, a decrease in the number of forcible transfers of displaced males from Puntland
towards the Galkayo area was noted. The independent expert recognizes the legitimate
concerns of the Puntland authorities about infiltration of militant forces from the South, but,
as expressed in his meeting with the Puntland authorities, he is concerned that an overreaction to such concerns may in some cases result in serious human rights violations.
57.
The engagement of the United Nations with the Government on a policy for
internally displaced persons seem to have acquired new vigour, but the general
humanitarian situation of displaced persons remains precarious in many ways, particularly
with respect to access to adequate housing, food and water, health and sanitation. Protection
concerns remain, and cases of sexual and gender-based violence among the displaced, as
well as within host communities, are prevalent. However, owing to the stigma attached to
this type of violence, coupled with a weak criminal justice system, victims continue to use
traditional structures to settle such cases, which encourages impunity.
58.
In Galkayo, the independent expert was briefed by the Galkayo Education Centre for
Peace and Development on its programmes to combat sexual and gender-based violence.
Such violence takes place while women are involved in earning a livelihood for sheer
survival, washing clothes, at the water well, fetching wood or in the house itself. According
to the Centre, there is no recognition by the authorities of the critical nature of this type of
violence, with the effect that prevention and response are inadequate. Significantly, the
Centre reports that, of the 104 cases reported to the police in 2009, none had reached
sentence at the time of the independent expert’s visit in February 2011.
59.
The President of Puntland acknowledged the weak state of the criminal justice
system during his opening remarks at the commencement of the twenty-sixth session of the
Puntland Parliament. However, the decision made by the President in June 2011 to
summarily dismiss some 20 judges to “clean up” the judiciary is likely to have a negative
impact on its independence. It also seems to contravene provisions of the Puntland
Constitution, which accords the power of dismissing judicial officials to the Judicial
Service Council.
60.
The exercise of freedom of expression remains a challenge, in particular among
journalists, who reportedly face harassment and arbitrary arrest by authorities. For instance,
on 29 June 2011, Puntland police arrested a journalist working for Hiiraan Online at his
office in Bossasso for reportedly publishing a “false news report”. The journalist appeared
in court on 30 June, where he was charged for “jeopardizing the security of Puntland and
publishing false news” in accordance with the Somali Criminal Code. He was convicted
and sentenced to a year of imprisonment, but also reportedly threatened by the authorities
with deportation to Ethiopia because of his Ogadeni clan background. The handling of such
conduct through criminal prosecution and restriction of right to liberty remains a problem in
Puntland. The independent expert welcomes the request made by the Puntland authorities to
the UNPOS human rights unit for assistance in the development of legislation compliant
with human rights standards.
61.
The independent expert welcomes the appointment in June 2011 of the Human
Rights Defender to head the human rights institution in Puntland. The independent expert
considers the establishment of human rights institutions compliant with human rights
standards an invaluable step in the promotion of a human rights culture at the national level.
The independent expert has been informed that the UNPOS human rights unit is providing
technical assistance to facilitate its full establishment, and looks forward to the continued
engagement of the United Nations system in this key area.
62.
The independent expert also expresses his appreciation for the steps taken to expand
the party system in Puntland and to advance the process of democratization. On 17 July
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