A/HRC/39/72
Subsequent to his mission, the Independent Expert briefed representatives of the
Development Group for Somalia, in Nairobi, and members of the Friends of Somalia group
and the African Group, in Geneva.
11.
The objectives of the mission were as follows:
(a)
To assess the human rights situation and the capacity of Somalia to meet its
human rights obligations and implement the recommendations of the Council and other
human rights mechanisms;
(b)
To follow up on issues related to sexual and gender-based violence and
responses by the justice sector, particularly the role of the traditional justice system (xeer),
when addressing the rights of women;
(c)
To assess the rights of children in Somalia in general, in particular the
treatment of children who had been recaptured or who had escaped from Al-Shabaab;
(d)
To assess all other aspects of human rights that he had reported on previously.
12.
The Independent Expert met with the Federal Minister for Human Rights and
Women’s Development, the Minister for Constitutional Affairs and the Minister of Justice,
as well as the Ministers for Human Rights and Women’s Development from Hirshabelle
and Galmudug — two Federal Member States that he had not interacted with previously. In
Puntland, he met with the Minister of Justice, the Minister for Religious Affairs and
Rehabilitation, the Minister for Human Rights and Women’s Development, the Acting
Chief Justice and the Acting Attorney General.
13.
The Independent Expert also held meetings with the leadership of UNSOM and
senior officials of AMISOM, as well as representatives of development partners and
members of civil society, with whom he discussed the human rights situation — based on
the above-mentioned objectives — and the support of the international community to the
Joint Programme on Human Rights, which was essential for the enhancement of the
capacity of the Federal Government and other stakeholders to protect human rights.
14.
During the various meetings, the Independent Expert was briefed on progress made
in the political, social, economic and human rights fronts as well as the challenges faced
since his previous report.
15.
The Independent Expert held discussions with officials of the United Nations
Children Fund (UNICEF) and attended a workshop organized in Nairobi for the Federal
Government Ministers and officials and civil society organizations, on the rehabilitation
and integration of children who had been recaptured from or who had escaped from AlShabaab. Regarding the fate of recaptured children, UNICEF emphasized that the best
interests of the children must be adhered to during their recapture, screening, rehabilitation
and integration back into their communities. UNICEF, the Federal Government and
regional States governments, the security forces and civil society working for child rights
have all worked closely to screen the recaptured children and determine their age. All
parties recognized that the recaptured children should be treated as victims, rather than
armed combatants, having been abducted and forcibly recruited, brainwashed and forced to
engage in combat against their will.
16.
The Independent Expert learned about counter-terrorism measures being conducted
through the use of drone attacks as a means of combating Al-Shabaab. He emphasizes the
need for all forces involved in the conflict in Somalia to ensure respect for international
humanitarian law during military operations and to respect human rights during counterterrorism measures against Al-Shabaab in order to protect the lives of the civilian
population.
III. Capacity of the Government to implement its human rights
obligations and cooperation with human rights mechanisms
17.
Somalia is a State party to five of the core human rights instruments and the
Optional Protocol to the International Covenant on Civil and Political Rights. It has
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents