A/HRC/39/72
77.
The Independent Expert commended AMISOM for its sacrifices and achievements
and paid tribute and gave his condolences to the troop-contributing countries whose
soldiers had died following the detonation of improvised explosive devices by Al-Shabaab,
or during active combat. He urged AMISOM to ensure that its forces complied with their
international humanitarian law and human rights obligations during operations and to
protect the civilian population.
78.
AMISOM stated that it had adopted standard operating procedures and guidelines,
including: the indirect fire policy; the 2012 rules of engagement; directive for commanders
about their responsibilities during operations; the policy on the treatment of disengaged
combatants; and procedures for the handling of persons detained by AMISOM. It also
stated that it had conducted human rights training for its troops prior to deployment. As part
of preparing the Somali security forces to take over security responsibility, it had trained
officers of the Somalia National Army, the National Intelligence and Security Services and
officials from ministries on the protection of children and women, who then used their
skills to train other Somalis. In that regard, AMISOM underscored that it had recorded
some considerable achievement.
79.
AMISOM stated that it had recruited human rights officers to support the leadership
and to assist the Boards of Inquiries during their investigations into alleged violations by its
troops. AMISOM reported that the measures it had taken had substantially reduced cases of
sexual exploitation and abuse. 15 However, it identified challenges that hampered the
implementation of the recommendations of the Boards of Inquiries when culpability was
established. There was a lack of funding for ex gratia payments to victims of its operations,
which may lead to reputational damage for AMISOM. The Independent Expert urges the
international community and other bilateral partners to continue to provide financial
resources to AMISOM to enable it to compensate victims in cases of civilian casualties.
80.
Another key challenge facing AMISOM is the discontinuation of United Nations
support for its pre-deployment training, which affects some troop-contributing countries
more than others. The Independent Expert urges the United Nations to renew support for
pre-deployment training for countries that are in dire need of such support.
81.
Regarding the implementation of the Security Pact reached under the outcome of the
May 2017 London Conference on Somalia and Security Council resolutions, the
Independent Expert took note of the first withdrawal in 2017 of 1,000 AMISOM troops. He
also took note of the Federal Government transitional plan adopted on 22 March 2018,
following the 4 December 2017 security conference. The Government and the international
community had agreed on a transition plan that would enable Somalia to assume full
responsibility for its security, based on realistic conditions and timelines. The Independent
Expert took further note of Security Council resolution 2415 (2018) of 15 May 2018, in
which the Council recalled its decision to authorize the African Union to reduce AMISOM
uniformed personnel to 20,626 by 30 October 2018.
82.
In March 2018, the Heads of State and Ministers from the troop-contributing
countries warned that an unrealistic drawdown would lead to a reversal of the gains made
by AMISOM. While taking note of the concerns of troop-contributing countries, the
Independent Expert urges the international community to ensure that the Somalia
transitional plan is supported and fully implemented. The Federal Government of Somalia
and its forces have the primary responsibility to guarantee the security of the States, its
institutions and its people, a responsibility which cannot be delegated. Without security, the
elections expected to be held in 2020 or 2021 could be jeopardized.
X. Inter-clan conflicts and the culture of arms
83.
The Independent Expert strongly emphasizes the importance of strengthening the
institutions of law and order and justice in Somalia, so that the Somali people can abandon
the gun culture and inter- and intra-clan violence that is rampant and responsible for many
15
See A/HRC/36/62, para. 79.
17
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