A/HRC/39/72
civilian deaths. Due to the absence of strong justice institutions, clans tend to resolve their
disputes through violent means. The current efforts by UNDP to establish mobile courts is a
beginning, but the pace of building police stations, correctional facilities and courts across
the country remains slow. The Mogadishu Court Complex model should be replicated in
other places.16 Without such infrastructure, the majority of Somali people will continue to
resolve their disputes through the traditional mechanisms, or worse still through violence,
or will be forced to submit to Al-Shabaab’s draconian justice in the area it controls, if the
group is not defeated. Hence the need to finance the justice sector reforms and institutionbuilding in tandem with the security sector reforms.
XI. Conclusions
84.
The Independent Expert expresses his appreciation to the Federal Government
of Somalia and the authorities in Puntland for their cooperation during his fifth
mission. He commends the Federal Government and the people of Somalia for the
progress they have made since his fourth visit to Somalia, in May 2017.
Notwithstanding the continuing threat from Al-Shabaab, the improvement in
governance and the peacebuilding process is indicative that the human rights situation
in Somalia is on the right track for recovery. The Independent Expert once again
acknowledges the economic transformation that is evident in Somalia.
85.
At the institutional level, the Independent Expert commends the constitutional
review process. The establishment of the National Human Rights Commission
demonstrates the confidence in the ongoing peace and reconciliation process and the
need for accountability. He commends the Federal Government for implementing a
long-standing Human Rights Council recommendation. Once it is fully operational,
the Commission will play a vital role in the promotion and protection on human rights
in Somalia.
86.
The Joint Human Rights Programme and the adoption of the Durable
Solutions Initiative for internally displaced persons deserve the support of the
international community for their timely implementation.
87.
The rehabilitation of young people who are recaptured from Al-Shabaab is
critical for the protection of children’s rights. Financial support to those civil society
organizations that care for children and conduct rehabilitation programmes must be
enhanced.
88.
The Independent Expert commends the Federal Government for its
commitment to assuming its rightful and primary responsibility for its security, and
also commends AMISOM for its continued commitment to bringing peace and
reconciliation in Somalia, fighting side by side with Somalia national forces. He urges
the international community to continue its support for the transitional plan and to
provide resources to give full effect to the plan.
89.
The conflicts between Somaliland and Puntland and between Puntland and
Galmudug are worrisome and threaten national cohesion, peace, reconciliation and
development. Unnecessary resources are lost in armed conflict between the same
people. A long-lasting solution must be found in order to bring a lasting peace to
Somalia.
90.
The international community must continue its support to Somalia to enable it
to address the human rights, security and development challenges like any other
developing State. The Independent Expert calls for appropriate funding of the civilian
institutions of governance, such as the courts, ministries and regional States, in order
to enhance their capacity to fulfil their respective mandates and governance
obligations. He therefore calls on all bilateral and multilateral partners to continue
their support for Somalia.
16
18
See A/HRC/36/62, para. 41.
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