A/HRC/27/71 II. Situating the mandate of the Independent Expert 7. The Independent Expert intends to embark on his mandate guided by Human Rights Council resolution 24/30 on assistance to Somalia in the field of human rights and mindful of the recommendations that emanated from the stand-alone high-level interactive dialogue that was held on 24 September 2013. The Independent Expert acknowledges that the human rights situation in Somalia is complex, born out of the conflict which has affected Somalia for over two decades. The Independent Expert also firmly believes that the adoption of the Provisional Constitution of the Federal Republic of Somalia and the establishment of the Federal Government which marks its second year in office in September 2014 are key landmarks setting Somalia on the course for stability and reconciliation. III. Summary of the meetings 8. During his meetings in Geneva and Nairobi, the Independent Expert communicated his intention to prioritize support for efforts to reform and strengthen the institutional capacity of the security, rule of law and justice sectors so that those sectors continue to play an important role in the reconciliation and stabilization processes in Somalia. 9. Many of the interlocutors that the Independent Expert met agreed with him that the judiciary had an important role to play in fighting impunity and establishing accountability in Somalia. The question of how ex-Al-Shabaab combatants are handled was raised, with some noting that failure to handle such cases through properly established legal and judicial structures might have serious implications on impunity, accountability and future transitional justice processes. The Independent Expert learned about the challenges and tensions that existed between the formal legal system and Xeer (the customary legal system) and how that posed considerable challenges to the reform programmes within the justice sector. However, it was also noted that the positive aspects within Xeer should be identified and retained, and that it would be necessary to engage with clan elders on how Xeer can be made more human-rights compliant. The fight against impunity requires a linkage to be developed between the formal and customary justice systems. For Somalia to stabilize, it was emphasized that security and justice sector reforms were necessary and urgent. 10. With regard to the security situation, the Independent Expert learned that AlShabaab still controlled vast territories, particularly in south central Somalia. With no effective control over large parts of the country, the Federal Government of Somalia was constrained in ensuring human rights for its population. The Independent Expert was informed that, while the African Union Mission in Somalia (AMISOM) working jointly with the Somali National Armed Forces continued to liberate new areas, its capacity was overstretched and it was not able to adequately protect the newly recovered areas. This had not only affected the ability of humanitarian actors to provide supplies and services to the vulnerable populations, but impeded Government and other stakeholders from conducting programmes that would be beneficial to the populations in those regions. The Federal Government needed to be supported in building strong federal institutions, ensuring development and delivering services. A warning was sounded that any perceived vacuum in service delivery risked a relapse into chaos. 11. Regarding the concerns raised about the repatriation of Somali refugees into the country, the Independent Expert was informed that a moratorium had been placed on the implementation of the 10 November 2013 Tripartite Agreement signed between the Government of Kenya, the Federal Government of Somalia and the Office of the United Nations High Commissioner for Refugees (UNHCR) on repatriation of refugees to Somalia. The Independent Expert learned from UNHCR that it had not assisted any 4