A/HRC/39/72
Unions and ensure that the elected leaders exercise their mandate freely, until otherwise
determined by the members themselves.
40.
The question that remains is whether the order of the Supreme Court, that a general
meeting take place and be supervised by the head of the regional appeals court, has been
satisfied. ILO made a specific recommendation concerning the need to abide by the
Supreme Court decision. The Independent Expert holds the same view, that the
Government abide by the Supreme Court decision and the ILO recommendations. However,
he has found in neither the ILO ruling nor any other source any record of a general meeting
at which Mr. Osman was elected, subsequent to the general meeting of 13 February 2016,
which was disrupted. That disruption constituted government interference, hence the rebuke
by ILO. Since no proper election has taken place subsequently, it is correct to state that
there have been no elections as directed by the Supreme Court. Mr. Osman’s position
emanates from the elections of 14–15 March 2011, prior to the Supreme Court decision. It
is for that reason that the Independent Expert is of the view that, in order to resolve the
problem of the existence of two factions, new elections supervised by the Court should be
held without government interference. That part of the Supreme Court directive remains
unimplemented.
G.
Rights of persons with disabilities
41.
During his meeting with civil society organizations, one of the key issues that
emerged was the absence of a legal framework for the protection of the rights of persons
with disabilities, who in Somalia suffer multiple cases of discrimination and
marginalization, such as access to employment opportunities. Somalia has not yet acceded
to the Convention on the Rights of Persons with Disabilities, nor has it adopted legislation
to provide for the rights and protection of such persons. The issue was brought to the
attention of the Federal Minister for Human Rights, who stated that the Government was in
the process of drafting such legislation and would in due course ratify the Convention.
IV. Humanitarian situation: internal displacement, drought and
the impact of floods and humanitarian responses
42.
During his mission, the Independent Expert followed up on the dire humanitarian
situation affecting the civilian population — and internally displaced persons in particular
— caused by conflict, drought and floods due to excessive rains. The human rights of the
displaced remains very precarious, hence the need for durable and lasting solutions.
43.
According to the Office for the Coordination of Humanitarian Affairs, 10 as many as
6.7 million people — more than half the population — were affected by the drought. About
926,000 people seeking relief from drought-hit areas were displaced between November
2016 and September 2017. Consequently, the number of internally displaced persons
reported doubled in 2017 from 1.1 million to an estimated 2.1 million. The preparedness of
the international community enabled a humanitarian response that averted famine and a
massive death toll through innovative measures, such as the use of electronic money
transfers and a voucher system instead of goods delivery, which enabled the affected
population to receive timely assistance. The measures boosted the local economy, cut out
gatekeepers and eliminated corruption. Unless long-term measures are taken, famine
remains a looming risk in the coming years. The Independent Expert commends the
international humanitarian community for their life-saving efforts during the 2017 drought.
In that regard, the 2018 Humanitarian Response Plan highlights the need to sustain
humanitarian life-saving efforts at levels similar to 2017.
10
See OCHA and Humanitarian Country Team, Humanitarian Response Plan: January–December 2018
(2017). Available at www.humanitarianresponse.info/sites/www.humanitarianresponse.info/
files/documents/files/20180206_somalia_humanitarian_response_plan.pdf.
11
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