A/HRC/27/71
assistance in newly recovered areas. Some interlocutors were of the opinion that AMISOM
or other military forces in Somalia should not engage in directly providing humanitarian
assistance as this could blur the distinction between military forces and humanitarian actors
and undermine the principles of neutrality, impartiality and operational independence which
underpin the work of humanitarian actors.
17.
The Permanent Representative of Somalia informed the Independent Expert that
despite the number of resolutions adopted by the Human Rights Council on Somalia, there
had been little improvement in the human rights situation in the country. He emphasized the
importance of studying the root causes of the conflict if durable solutions and a sustainable
mechanism for peace and reconciliation were to be found. He also stated that
implementation of the human rights road map which had been adopted by his Government
had stalled and that there was need for the Independent Expert to bring added value to
ensure its implementation. The Permanent Representative further encouraged the
Independent Expert to support Somalia as it prepared for the second cycle of the universal
periodic review.
IV. Emerging issues, analysis and recommendations
18.
A number of issues emerged from the meetings held, which the Independent Expert
intends to raise with the authorities of the Federal Government of Somalia and other
stakeholders. Those issues touch on the various recommendations made under resolution
24/30 as well as the commitments made by the Federal Government with a view to a better
realization of human rights in Somalia.
19.
The Independent Expert holds the view that it is necessary to identify and prioritize
urgent technical assistance for Somalia. The Independent Expert intends to consult the
Federal Government of Somalia and other international and bilateral partners on the need to
prioritize implementation of reforms in the justice and security sectors, since they constitute
an important component, during the short, medium and long term, for building a sustainable
democratic system in Somalia. These sectors are also targeted under the first pillar of the
Federal Government’s Six Pillar Policy which concerns ensuring full stability and the
supremacy of the law and good governance
A.
Justice sector reforms
20.
The consequence of an ineffective judicial system is the denial of the right to
equality before the law, the equal protection of the law, and access to justice by all, under
conditions of equality before an independent judiciary, rights which are guaranteed not only
in the Provisional Constitution of the Federal Republic of Somalia, but by international
human rights law. The National Strategic Plan for Justice Reform for the period 2013 to
2014 recognizes that there is no universally coherent and functioning judicial system in the
country, due to the crisis that has spanned two decades. It recognizes the difficulty of
rebuilding the system due to multiple, overlapping, and sometimes contradictory legal
systems since pre-independence, namely the secular statutory-based laws, Islamic sharia
and Xeer all of which currently apply in an uncoordinated manner.
21.
The Independent Expert learned that under the National Strategic Plan for Justice
Reform, implementation of reforms would cost an estimated US$42,495,000. Under the
Plan, the Federal Government of Somalia will establish an integrated justice sector reform
process in which all relevant actors in the sector will work to: provide speedy and just
criminal trials, better access to criminal justice for vulnerable groups, and reduce the
number of detainees. The Plan also seeks to establish: a human rights compliant legislative
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